GUJARA

GUJARAT ST
ARAT ATE POLICE HOUSING
STA
CORPORA TION L
CORPORATION TD
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LTD
(Govt. of Gujarat Undertaking)

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TENDER DOCUMENT
(Percentage Rate Tender - Form B-1 - E-tendering)

Gujarat State Police Housing Corporation Limited

Gandhinagar – 382 010.
Phone : 23256800 • Fax : 23256220
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Gujarat State Police Housing Corporation Limited

TENDER DOCUMENT (Percentage Rate Tender - Form B-1 for E-Tendering)

INDEX
Sr. Page
Subject
No. Reference
Memorandum of Works in Brief 5
Section -1 Information and Instructions for Tender
1. Competency of Tenderer 6
2. Tenderer to Inform Himself 6
3. Late and Delayed Tender 6
4. Adequacy of rates 6
5. Tender forms 7
6. Quoting of Rates 7
7. Earnest Money 7
8. Accompaniments with Tender 8
9. Tender Liable to be Invalid 9
10. Right of Rejection of Tender 9
11. Method of Tendering 10
12. Eligibility and Qualification Requirement 10
13. Deviation or Modifications in Tender Documents 11
14. Submission of Tender 11
15. Evaluation of Tender 11
16. Receipt of Payments 11
17. Opening of Tenders 12
18. General Rules and Directions 12
19. Submission of information / documents 12
20. Tender validity period 12
21. Agreement on stamp 13
22. Declaration 13
23. Declaration form P.F. registration 13
Section - 2 Tender for works and Memorandum 14-15
Section - 3 Terms and Conditions of Contract
1. Definitions and Interpretation 16
2. Security Deposit 18
3. Progress Schedule 20
4. Setting out 21
5. Employment of a Qualified Site Engineer by the Contractor 21
6. Materials 21
7. Testing of Materials 22
8. Workmanship 22
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Sr. Page
No. Subject Reference
9. Machinery 23
10. Inspection and Approval 23
11. Duties and Powers of Executive Engineer’s Representatives 23
12. Removal of Workmen 24
13. Entering upon or commencing any portion of Work 24
14. Access to site and work on site 24
15. Lumpsum Provision in Estimates 24
16. Action where no Specifications 24
17. Other Contractors 25
18. Maintaining Public Traffic 25
19. Ecological Balance 25
20. Local Roads and Haul Crossings 26
21. Road crossings or Works Crossings 27
22. Old Curiosity 28
23. Observance of Laws, Local Regulations and Attachements 28
24. Contract Documents and Matters to be treated as Confidential 28
25. Work during night or on Sunday and Holiday 28
26. Action and Compensation in case of bad work
Defect Liability Period and Maintenance Liability Period 28
27. Indemnity 30
28. Liability of Contractor for any damages done in or
outside work area 30
29. Rescinding of Contract in case of subletting or
Contractor becoming insolvent 30
30. Claim for Compensation for delay in making available Land 31
31. Claim for Compensation for delay in execution of work. 31
LABOUR SECTION
32. Safety Provisions and Labour 31
33. Compensation under the Workmen’s Compensation Act. 33
34.1 Licence under Contract Labour (Regulation and Abolition)
Act of 1970 and Gujarat Rules of 1972 33
34.2 The Gujarat building and other construction workers (regulation of
employment & condition of service) Rules, 2003 : 34
35. Submission of monthly challans towards proof of deposit of P.F. dues 34
36. Labour Regulations 34
37. Report regarding Labour 36
38. Insurance of Labour 36
39. Camp Regulation 36
40. Amenities to Labours Engaged on Concrete / Asphalt works 41
41. No discrimination of Labour 41
42. Employment of Scarcity Labour 41
Finance - Taxes - Valuation and Payments
43. Non refund of quarry fees and Royalties 42
44. Income Tax, Sales Tax and Turnover Tax. 42
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Sr. Page
Subject
No. Reference
45. Bills to be submitted Monthly 42
46. Secured Advance to Contractor 43
47. Certificate for Completion of Work and Final Payment 44
48. Price Variation Clause 45
49. Recoveries of Claims and set-off 50
50. Time Limit for Unforeseen Claims 50
51. Schedule of Quantities and Extra items 50
52. No claim or any Payment or Compensation for Restriction of work 51
53. Extension of Time 52
54. Force Majeure 52
55. Action when the Progress of any particular portion of the work is unsatisfactory 52
56. Liquidated Damages 52
57. Action in case of breach of Contract 54
58. Works to be under Directions of the Engineer-in-charge 54
59. Disputes to be referred to Arbitration Tribunal. 54
Section - 4
Schedule A for completion of designated parts or percentages 56
of work and rates of Liquidated damages to be paid for delay
Schedule B showing items and rates of works to be executed 57
No defect and satisfactory maintenance certificate 58
Section - 5 Contract Agreement 59-60
Section - 6 Annexures
Annexure - 1 Works completed by the tenderer 61
Annexure - 2 Declaration Regarding Works on hand with tenderer 62
Annexure - 3 Plants and Equipments available fo use on this work 63
Annexure - 4 Plants to be procured 64
Annexure - 5 Details of key Technical Supervisory and Administrative Personnel 65
Annexure - 6 Indenture for Secured Advances 66
Annexure - 7 Information of Partners 69
Section - 7 Specifications
Section - 8 Drawings
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Gujarat State Police Housing Corporation Limited

PERCENTAGE RATE TENDER AND CONTRACT FOR CONSTRUCTION AND / OR ELECTRICAL
WORK

Name of Project __________________________________________________________________

Name of Work ___________________________________________________________________
Location ________________________________________________________________________
Last date & time of online submission of tender __________________________________________
Last date of physical submission (by registered post AD / Speed Post or by Hand Delivery) of
tender fee, EMD & other documents in physical form as certified true copies.
Date ____________ Time 17:00 hrs.
Date & time of online Opening of Tender Date ___________ Time ___________
MEMORANDUM OF WORKS IN BRIEF

(1) Name of the Work ... ... ... .............................................................

... ... ... .............................................................
... ... ... .............................................................

(2) Estimated Cost ... ... ... Rs. ......................................................

(3) Earnest Money ... ... ... Rs. ......................................................

(4) Validity period of tender offered ... ... ... 120 days from the last date of online
submission of tender.
(5) A Security Deposit
(in case of works having estimated
cost above Rs. 10 lacs)
(i) FDRs of any of the Rs. 5% of Contract value
specified bank only (see clause No. 2
of section - 3 for details)
(ii) To be deducted from current bills Rs. 5% of Contract value
Total Rs. 10% of Contract value
(5) B Security Deposit
(in case of works having estimated
cost upto Rs. 10 lacs)
(i) FDRs of any of the Rs. 2.5% of Contract value
specified bank only (see clause No. 2
of section - 3 for details)
(ii) To be deducted from current bills Rs. 2.5% of Contract value
Total Rs. 5% of Contract value
(6) Time allowed for completion of the work
from the date of written order to commence ................................. Months
the work

(7) Other details

(i) Mode of quoting rates in Schedule of In figures as well as in words.

items to be carried out. Item Rate to be quoted for each item.
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MEMORANDUM OF WORKS IN BRIEF

1. Name of Project : .......................................................................

2. Name of Work
.......................................................................

......................................................................

3. Estimated Cost : Rs. ...................................................................

4. Earnest Money : Rs. ...............................................................

5. Validity Period of tender offered : 120 days from the last date of online
submission of tender. No modification in
respect of tender shall be allowed after
online submission

6. Security Deposit : Total at Ten percent of the Contract value

Total security deposit shall be 10% (ten percent) of contract price of which half (50%) shall be
payable in the form of FDR of any of the specified Bank only (see clause No. 2 of sec. 3 for
details) in favour of Gujarat State Police Housing Corporation Ltd. and balance amount of Security
Deposit (50%) shall be recovered from current running bills @ 10% (Ten percent) of the value of
each bill. No interest shall be payable by the Corporation on Security Deposit lying with the
Corporation / deducted by the Corporation from RA bill. FDR of a specified Bank must be
more than 6 (six) months standing of expiry of stipulated date of completion of the work.

7. Time for completion of work from the

date of written order to commence : ........................................................ months.
the work.

8. Name of Office to which

Tender fee, EMD & other Office of the Tender Inviting Authority
documents to be sent in as
certified true copy in physical
form by registered post AD or
Speed Post or by Hand Delivery :
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Gujarat State Police Housing Corporation Limited

Contract for works

SECTION - 1
INFORMATION & INSTRUCTIONS FOR TENDERERS :
1.0 Competency of Tenderer :
1.1 No contract will be awarded except to responsible bidders capable of performing
the class of work completed. Before the award of the contract, any bidder may be required to
show that he has the necessary facilities, experience, ability and financial resources to
perform the work in satisfactory manner within the time stipulated. Tenderer may be required
to furnish the Corporation with the statements as to their experience, registration certificate
under Gujarat Sales Tax Act. and their financial status. Tenderer shall be a registered contractor
in appropriate class of the Roads & Buildings Department, Government of Gujarat and shall
also have registration certificate under Gujarat Sales Tax Act.
1.2 The tender fee (in the form of demand draft / banker's cheque favouring the
Corporation, payable at Gandhinagar or cash receipt), Earnest Money Deposit & other
documents in physical form as certified true copy shall be received only under “Registered
Post A.D. or Speed Post” or by Hand Delivery.
2.0 Tenderer to inform Himself :
Tenderer will be deemed to have inspected the site and to have satisfied himself as to
the nature of all works, all existing roads, water-way and other means of communications
and access to and from the site of the work and the building that may be required for temporary
purpose in connection with the construction, completion and maintenance of the works and
must make his own inquiries as to work, yard sites and depot, and dumps as to acquisition
of such additional sites rates and areas as may be necessary for temporary purpose for
constructing, completing and maintaining the works and availability of water for construction
activities, power, quarries and labour.
3.0 Late / Delayed physical receipt of tender fee, EMD & other documents
3.1 After online submission of tender, tender fee, EMD & other documents should
reach the Corporation within time and last date stipulated for the purpose in any of the modes
of physical submission. In case, the same is not received within the time and stipulated last
date of receipt, their tender will not be opened online and will be considered as NON-
RESPONSIVE.
4.0 Adequacy of Rates :- The tenderer must understand clearly that the rates quoted
are for completed works and include all costs due to materials labour, scafloding plant,
supervision, service work, power, royalties and octroi etc., and to include all extras to cover
the cost of night work if and when required and no claim for additional payment beyond the
price/rates quoted will be entertained and the tenderers will not be entitled subsequently to
make any claim on the ground of misrepresntation or on the ground that he was supplied with
misleading information by any person (whether the member is the employee of of the
Corporation or not). Any failure on his part to obtain all necessary information for the purpose
of making his tender and filling the several prices and rates therein shall not relieve him from
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any risks or liabilities arising out of or consequent upon the submission of the tender.

5.0 Tender Forms : Every ‘blank’ in the form of the e-tender and in the schedule and
Annexures must be filled up by the tenderer and must be submitted online.

6.0 Quoting of Rates :-

The tenderer shall work out the total amount of his offer after adding or deducting the
percentage from the total cost as shown at the end of Memorandum showing items and rates
of work to be carried out.

Contractor's percentage whether applied to net or gross amount of the bill :

Percentage referred to above tender shall be deducted from / added to the gross amount of
the bill before deducting the value of any stock issued, while preparing the running and Final
Bill.

7.0 Earnest Money :-

7.1 Earnest money at 1% of the estimated cost of the work shall be submitted in the physical
form alongwith other supporting document of the tender within the time and date stipulated
& in the mode prescribed for the purpose. This Earnest money shall be in favour of the
Gujarat State Police Housing Corporation Ltd. and shall be in the form either :

(A) Cash receipt of G.S.P.H.C. Ltd.

OR
(B) Demand draft or Banker’s cheque or Fixed Deposit Receipt of any Bank drawn in favour
of the Gujarat State Police Housing Corporation Ltd.
OR
(C) Copy of the valid Earnest Money Deposit exemption certificate duly issued by the
Corporation under EMD exemption scheme of the Corporation.

7.2 The Earnest money submitted in the form (B) above shall need minimum validity of
one hundred and eighty (180) days from the last date of online submission of tender. If
the tenderer modifies or withdraws his tender, the Earnest Money (in case of EMD
exemption certificate, proportionate amount equivalent to EMD of a particular tender)
shall be forfeited and the tenderer may be disqualified from tendering for future work
under the Corporation.

7.3 The Earnest Money will be returned to the unsuccessful tenderers. The Earnest Money
will be returned to the successful tenderer after he furnishes security deposit and duly
enters into the contract.

7.4 Within fifteen days or within such time as may be decided by the Corporation from the
date of receipt of the letter accepting his tender, the successful tenderer shall furnish
the required security deposit and attend the office of the Corporation for execution of
the contract documents. If he fails to furnish the security deposit or execute the contract
document, his Earnest Money (in case of EMD exepmtion scheme, equivelent amount
therefrom) shall be forfeited and the tenderer may be disqualified from tendering for
further works under the Corporation.
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7.5 Tenders not accompanied by Earnest Money shall be rejected outright as NON
RESPONSIVE. The act of the tenderer to submit documents in physical form without
Earnest Money shall be construed as “Misconduct” and would disqualify him for future
tendering for the Corporation works.

8.0 Accompaniments of Tender : (To be submitted in electronic format through

online (by scanning) and duly certified true copies of the same shall be submitted
within three days after last date of online submission of tender.)

The contractor shall have to furnish following documents. They are divided in two parts :

PART “A” - Mandatory Documents (To be submitted on line)

Documents which are stated in part A are Mandatory and shall have to be submitted online by
attaching scanned copies alongwith online submission of tender. These documents are stated
hereinbelow :

(i) Copy of last I.T return filed, partnership deed or memorandum as well as Articles
of Association, in case of the company and intimate permanent addresses of partners
/ Directors of company and permanent Account Number and ward under which himself,
his partners / company is / are assessed for income tax. All copies submitted shall be
duly attested.

(ii) A certificate of Registration as approved contractor of prescribed category

alongwith validity period from authorities stipulated in notice inviting tenders.

(iii) Copy of Provident fund Registration alongwith code number.

(iv) A solvency certificate of an amount equal to 25 per cent of the amount of work put
to tender will have to be produced. Such solvency certificate should be issued by
either Schedule bank with standing of not less than 5 years or a Nationalised Bank.

(v) Tender fees - Demand Draft/Cash Receipt of the Corporation.

(vi) Earnest Money Deposit in the form of Fixed Deposit Receipt of Nationalized
Banks only OR EMD exemption certificate.

(vii) Mandatory documents as per prequalification criteria/special tender conditions.

Part B – Other Documents :

(viii) Duly filled in and signed declaration form as provided after as last item of section
1 & memorandum duly filled in & signed as given in section – 2.
(ix) Copies of certificate regarding previous experience as required.
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(x) VAT Registration Certificate from the Value Added Tax Authority.

(xi) P.A.N copy issued by income Tax Department.

(xii) Declaration showing all works completed during preceding 5 year and works on
hand with the contractor and the value of works that remained to be executed in each
case (Annexure 1 & 2)

Documents stated in Part – B – Other documents are required to be submitted within 3

days of the last date of online submission of tender in physical form. Certified true copy
of the documents which are required to be submitted - mandatory documents (Part-A)
shall also have to be submitted alongwith documents in part –B within stipulated time
period of 3 days of last date of online submission of tender for the purpose of scrutiny
and verification. Non submission of any of the mandatory documents stated in Part A
above, alongwith online submission of tender and Part B within stipulated time period

will make the tender “NON-RESPONSIVE” and E.M.D. will be refunded to the tenderer.
No additional/missing documents can be submitted from Part A mandatory requirement
of documents later at the time of submitting certified true copy of documents.

In addition to above, Corporation may call for any clarification regarding the submitted
documents and the same shall have to be complied within four working days after
intimation/instruction given by the Corporation. In case the tenderer fails to clarify
within stipulated time limit as stated above, the Corporation shall consider the tender as
“NON-RESPONSIVE” and EMD will be refunded. No extension of time will be
given in any case, as stated hereinabove. It may be noted that contractor shall be
allowed to submit only the clarification/documents for which clarification is called for. In
case of repeated such cases by the single agency is noticed, the Corporation reserves
the right to “BLACKLIST” the agency for further period as deemed appropriate and the
decision of the Managing Director in this regard shall be final and binding to the agency.

9.0 Tender liable to be invalid :

It may please be noted that the tender is liable to be considered invalid
especially, if the requirements [(i) to (ix)] listed in above clause no.8 are not complied
with.
10.0 Right of rejection of tenders.
(i) Right is reserved by the Tender Inviting Authority to reject any or all tender(s) without
 10
assigning any reason thereof.
(ii) In addition to the above, the tender will also be liable to be rejected outright if :
(a) The tenderer proposes any alteration in the work specified or in the time allowed
for carrying out the work or in any condition.
(b) the tenderer or in the case of a firm, each partner or the person holding the power
of attorney thereof does not sign section-2 or signature/s is/are not attested by a witness.
(c) Any person who submits a tender shall fill forms online including the percentage
and rates of items put to tender. No single tender shall include more than one work but
contractors who wish to tender for two or more works shall submit a separate tender for each
work online.
11.0 Method of Tendering :
11.1 If the tender is made by an individual, it shall be signed by the individual above
his full name and current address.
11.2 If the tender is made by a proprietary firm, it shall be signed by the proprietor
above his full name and the full name of his firm with its current address.
11.3 If the tender is made by a firm of partnership, it shall be signed by a partner of the
firm holding the power of attorney and digital certificate for the firm. A certified copy of the
power of attorney shall be provided in physical form along with other documents. A certified
copy of the partnership deed, full name and current address of the firm and full names and
the current addresses of all the partners of the firm shall also be provided alongwith other
documents.
11.4 If the tender is made by a limited company or a limited corporation, it shall be
signed by a duly authorised person holding digital certificate for the company /corporation
and power attorney for signing the tender in which case a certified copy of the power of
attorney shall be provided separately in phsical form along with other documents. Such
limited Company or Corporation may be required to furnish satisfactory evidence of its
existence before the contract is awarded.
11.5 All witnesses shall be persons of status and probity and their full names,
occupations and addresses shall be stated below their signatures.
11.6 All signatures in the tender document shall be dated.
12.0 Eligibility and qualification requirement.
To establish acceptability of the offer to the satisfaction of Tender Inviting Authority the
tenderer shall provide either in a physical form the following :
12.1 Details of plant and machinery immediately available with tenderer for use on
the works in the proforma prescribed in Annexure-3.
12.2 Details of plant and machinery proposed to be procured for the works in the
proforma prescribed in Annexure-4.
12.3 Details of technical, supervisory and administrative personnel already employed
by the tenderer that he proposes to utilize for this work and such other personnel he proposes
to employ further for this work in the proforma in Annexure-5.
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12.4 Separate notes in sufficient details on each of the following :

(i) Method and technique of construction
(ii) Sequence of various important components of the work;
(iii) Cash-flow arrangement

13.0 Deviation or modifications in Tender Documents :

13.1 All tenderers are cautioned that tender containing any condition and/or deviation
from the contractual terms and conditions, specifications, quoting / offering rates/prices in
different manner than specified in the tender and/or any other requirements of tender shall
make the tender liable for outright rejection and shall be considered as non-responsive for all
practical purposes. The decision of the corporation in this regard shall be final and binding to
the tenderer.
13.2 Alternative tenders are not acceptable.

14.0 Submission of tender

14.1 Tender shall be submitted in an online manner only on website http://
gsphc.nprocure.com
Last date & time of online submission ______________________
14.2 Tender fee, EMD and other documents in physical form should be submitted on
or before ___________ (date) 17:00 hrs (time) to the Office of the Tender Inviting Authority.

15.0 Evaluation of tenders

15.1 Technical evaluation will be made of the tenderer’s proposed method and
technique of construction, construction programme, sequence of components of the work,
proposed resources assigned to do the work to determine the acceptability, adequacy and
reasonability of rates, his past performance and present resourcefulness.
15.2 To assist in the examination, evaluation and comparison of tender, the tender
inviting authority may ask tenderer individually for clarification of their tenders including
breakdown of unit rates. The request for clarification and response shall be in writing but no
change in substance of the tender shall be sought, offered or permitted at that stage.
15.3 Award is to be made to the tenderer whose responsive tender is determined to
be the lowest evaluated tender and who meets the appropriate standards of capacity and
financial resources.
16. Receipt of Payments :
Receipt of payment made on account of any work, when executed by a firm shall be
signed by all the partners except where the contractors are described in their tender as firm
in which case the receipt shall be signed in the name of the firm by one of the partners or
by some other person having authority to give effectual receipts for the firm.
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17.0 Opening of tenders :

17.1 The Authorised Officer / competent authority shall open tender online on website
: https://gsphc.nprocure.com on __________ at _______ hrs. or any other suitable time
thereafter, in his office in the presence of intending Tenderers or their representative who
wish to remain present at that time. He will enter the amount of the tenders in a comparative
statement in a suitable form. In the event of a tender being accepted, the contractor shall,
thereupon for the purpose of identification, sign copies of the specifications and other
documents mentioned in his tender.
18.0 General rules and directions :
18.1 No receipt for any payment made by a Contractor will be entertained by the
Corporation in regard to any matter relating to this tender or the contract shall be valid and
binding on the Employer unless it is signed by the Authorised staff members of the Corporation.
18.2 All works shall be measured net by standard measure and according to the rules
and customs of the Corporation or any other method approved by the Corporation without
referance to any local custom. The measuremens of work will be taken according to the
usual method in use in the Roads & Buildings Departmnent and no proposal to adopt
alternative method will be accepted. The Executive Engineer decision as to what is the usual
method in use in the Corporation/Roads & Building department will be final.
18.3 Under no circumstance shall any Contractor be entitled to claim enhanced rate
for any item in this contract except as provided in contract conditions.
18.4 No payment in foreign exchange will be made under this contract.
18.5 The contractor shall not be permitted to tender for the work in which his near
relative is working as the officer in the sphere of his jurisdiction in the Corporation.
Note : By term “near relative” is meant wife, husband, parents, children, brothers,
sisters uncles, aunts, cousins, and in-laws.
18.6 The contractor should compulsorily furnish his latest address(es) including the
latest address of his partners and the place(s) of filing his/their income-tax returns alongwith
the tender (in the Annexure form 8) Any changes, in such addresses, during the tenure of
contract should invariably and forthwith be intimated by the Contractor to the Executive
Engineer.
19.0 Submission of information / documents :
In addition to various specified documents and information recquired to be submitted
along with tender, the bidder may be required to provide any other document / relevant
information as considered necessary by the tender inviting authority and the tenderer shall
be required to provide the same as per the requirement of the tender inviting authority. Even
the succesful bidder may be required to provide the same as and when required by the
authority during subsistance of the contract.
20.0 Tender validity period :
The tender for the work shall remain open for a period of 120 days counted from the
stipulated last date of receiving of the tenders online for this work. The tenderer shall not
be allowed to withdraw or make any modifications or additions in the terms and conditions
of his tender not acceptable to the Corporation after stipulated last date and time of online
 13
submission of tender. In such cases, the Corporation shall without prejudice to any right or
remedy be at liberty to forfeit in full the earnest money absolutely. However, the tenderer is at
liberty to modify his offer, but the same should be submitted online before the last date &
time of online submission of tender.
21.0 Agreement of Stamp
Successful tenderer will have to execute the Agreement on stamp paper of the value
as required under Indian Stamp Act.
22.0 Declarations :
The tenderer will have to make declaration enlisted in the form attached herewith and
shall affix his signature to the form in token of correctness of declarations made therein.

DECLARATION FORM

(i) I/We hereby declare that I/we have visited the site and fully acquainted myself/
ourselves with the local situations regarding materials, labour and other factors pertaining to
the work before submitting this tender.
(ii) I/We hereby declare that I/We have carefully studied the conditions of contract,
specifications and other documents of this work and agree for executing the same accordingly.
(iii) I/We hereby declare that my/our near relatives or in-laws are not working as an
officer in the sphere of jurisdiction for supervision of the work in the Gujarat State Police
Housing Corporation Ltd.

Dated ___________________________

Place __________________________ ____________________________

(Signature of the Contractor with Seal)

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SECTION - 2
TENDER FOR WORKS AND MEMORANDUM
I/We hereby tender for the execution of the work specified in the underwritten memorandum
for the Gujarat State Police Housing Corporation Limited (hereinbefore and hereinafter
referred to as the Corporation) at the tendered rates specified by me/us in Schedule showing
items and rates of works to be carried out and in accordance in all respects with the
speficications, designs, drawings, and instructions in writing refered to in this tender and in
clauses of the annexed conditions.
MEMORANDUM

Name of Project : __________________________________________________

__________________________________________________

(a) Name of work __________________________________________________

(b) Estimated Cost : Rs. _______________________________________________
(c) Earnest Money : At the rate of one percent of estimated cost Rs. _____________
(d) (1) Security Deposit : Ten percent of contract Price Rs. _______________________

(A) Five percent in the form of FDR of specified Banks only & having more than 6 months standing
of expiry of stipulated date of completion of work.

(B) Balance five percent to be deducted from current bills @ 10% of total amount of the bill.

(C) Total Security Deposit : Ten percent of the contract price.

(d) (2) Security Deposit : Five percent of contract Price Rs. _______________________

(A) Two and half percent in the form of FDR of specified Banks only & having more than 6 months
standing of expiry of stipulated date of completion of work.

(B) Balance two and half percent to be deducted from current bills @ 10% of total amount of the
bill.

(C) Total Security Deposit : five percent of the contract price

(e) Time allowed for the completion of work from the date of written order to commence
_________________________ months

Should this tender be accepted, I/We hereby agree to abide by and fulfill all the terms and conditions
of contract annexed hereto so far as applicable and in case of default, the Corporation shall have
all rights for forfeiture of security deposit by the Corporation as per terms and conditions of contract.
 15

(1) Cash receipt/DD/Banker’s cheque/FDR receipt No.* ______________, dated__________

for Rs. _________________ (Rs.
____________________________________________________
______________________________________________), drawn on ____________
_____________________________________________ branch ________________
OR
(2) EMD EXEMPTION CERTIFICATE ISSUED BY CORPORATION BEARING NO. _____________,
DATED ____________ OF RS. ________________ VALID UPTO _______________ is forwarded
herewith representing the EARNEST MONEY, the value of which is to be absolutely forfeited by the
Corporation, should I/We do not deposit the full amount of security deposit as specified in the above
memorandum in accordance with Clause 2 of section – 3. On payment / deposit of required security
deposit in conformity with the contract condition, the said EMD (as per (1) above) shall be refunded..

Date :
Place :
** Signature of the contractor
______________________
______________________
(Witness)*** _________________
Name and address _________________
(Occupation) _____________________

* Bank draft or banker’s cheque or Cash Receipt signed by the authorized person of the Corporation.

** Signature of contractor before submission of tender

*** Signature of witness to Contractor’s signature

The above tender is hereby accepted by me on behalf of the Corporation

dated the __________________ day of _____________ 200__________

Signature of

Superintending Engineer Chief Engineer Managing Director

G.S.P.H.C. Ltd. G.S.P.H.C. Ltd. G.S.P.H.C. Ltd.
Gandhinagar. Gandhinagar. Gandhinagar.
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SECTION - 3
TERMS & CONDITIONS OF CONTRACT
Clause - 1.0 Definitions and Interpretation.
1.1 In the contract (as hereinafter defined), the following words and expressions will
have the meanings hereby assigned to them.
(a) Approved/Approval means approved in writing.
(b) Construction plant means all equipments, appliances or things of whatsover nature
required for the execution, completion or maintenance of the works or temporary works but
does not include materials or other things intended to form or forming part of the parmanent
work.
(c) Contract means the instruction and general rules and direction for tenderers, terms
and conditions of contract, specification, drawings, tender (including the schedules of
quantities and tender prices), the formal agreement and all addenda and attachments related
to the above.
(d) Contractor means the particular person, firm or the Company with whom the contract
has been made for executing the works.
(e) Contract value means the total tender amount indicated in the letter of acceptance
of tender.
(f) Corporation means the Gujarat State Police Housing Corporation Ltd.
(g) Drawings means the drawings referred to in the specifications, any modification
of such drawings approved in writing and such other drawings as may from time to time be
furnished or approved in writing by the Executive Engineer.
(h) Employer/Owner means The Gujarat State Police Housing Corporation Limited.
(i) Engineer-in-charge means the Project Manager/Executive Engineer/Senior Officer
of the G.S.P.H.C. LTD concerned with the works or specified parts of the works under the
contract or such other assistants or subordinates to whom the Executive Engineer may have
delegated certain duties, acting separately within the scope of the particular duties entrusted
to them.
(j) Chief Engineer / Superintending means Engineer / Officer of the Corporation in
overall charge of the work.
(k) Tendered Amount means the total tender amount indicated in the letter of acceptance
of the tender.
(l) ISS means Indian Standard Specifications.
(m) Day means a day from midnight to midnight.
(n) Month means from the beginning of a given date of a calender month to the end of
the preceeding date of the next calendar month.
 17

(o) Week means seven consecutive days.

(p) Site means the lands and other places on, under in or through which, the works
are to be executed or carried out and any other lands or places provided by the owner for
the purpose of the contract together with such other places as may be specifically designated
in the contract or subsequently approved as forming part of site.
(q) Temporary works means all temporary works of every kind required for the
performance of the contract.
(r) The expression “work” or “works” where used in these conditions shall, unless,
there be something in the subject or context repugnant to such construction be construed to
mean the work, or the works contracted to be executed under or in or by virtue of contract,
whether temporary or permanent and whether original, altered, substituted or additional.
1.2 (a) Singular and Plural.
Where the context so requires, words importing the singular only also include the plural
and vice-versa.
1.2 (b) Headings and Marginal notes to conditions :
Heading and Marginal Notes to these General Conditions shall not be deemed to
form part thereof or be taken into consideration in the interpretation or construction thereof
or of the contract.
1.2 (c) Wherever the term “specification” is used, apart from a specified standard
specification, it shall mean the specification or plan prepared for a particular work as per the
instructions to the contractor in executing that item of work.
1.3 Errors, Omissions and Discrepancies :
The several documents forming the contract are essential parts of the contract and a
requirement occuring in one is as binding as though occuring in all; they are intended to be
mutually explanatory and complementary and to describe and identify a complete work. In
the event of any discrepancy in the several documents forming the contract or in any one
documents, the following order of precedence should apply :
(i) Between the written description of the item in the Schedule of items and rates of
work to be carried out or written dimensions on the drawing and the corresponding one in
the specifications, the later shall apply;
(ii) Between the written description of the item in the Schedule of items and rates of
work to be carried out and the detailed description in the specifications of the same item,
the later shall be adopted.
(iii) Figured dimensions shall superceed scaled dimensions. The drawings on a larger
scale shall take precedence over those on smaller scale; and
(iv) Drawings issued as construction drawings from time to time shall superceed the
corresponding drawings previously issued.
In the case of defective description or ambiguity, the Executive Engineer is entitled to
issue further instructions directing in what manner the work is to be carried out. The contractor
cannot take any advantage of any apparent error or omission in drawings or specifications
 18

and the Executive Engineer shall be entitled to make corrections and interpretations as
necessary to fulfil the plans and specifications.
Clause 2.0 Security Deposit ( Submission & refund )

(A) Submission of Security Deposit

The person/persons whose tender is accepted (hereinafter called the “Contractor” which expression
shall, unless excluded by, or repugnant to the context include his Legal heirs, executors, administrators
and assigness) shall deposit within a period of fifteen days from the date of receipt of letter of acceptance
of his tender, 50% (fifty percent) of the total security deposit in the form of FDR only in favour of
Gujarat State Police Housing Corporation Ltd., Gandhinagar & FDR must be of more than 6 months
standing of stipulated date of completion. The FDR to be deposited in favour of Gujarat State Police
Housing Corporation Ltd., Gandhinagar referred to above towards security deposit MUST be of ANY
of the Banks mentioned below :
Allahabad Bank Indian Bank Vijaya Bank
Andhra Bank Indian Overseas Bank State Bank of India
Bank of Baroda Oriental Bank of Commerce State Bank of Bikaner & Jaipur
Bank of India Punjab & Sind Bank State Bank of Hyderabad
Bank of Maharashtra Punjab National Bank State Bank of Indore
Canara Bank Syndicate Bank State Bank of Mysore
Central Bank of India UCO Bank State Bank of Patiala
Corporation Bank Union Bank of India State Bank of Saurashtra
Dena Bank United Bank of India State Bank of Travancore
HDFC Bank AXIS Bank IDBI Bank
ICICI Bank

The Corporation shall be deemed to have been authorized to deduct the balance Fifty percent of
the security deposit as specified in the tender form from the amounts that become payable to the
contractor for the work done under the contract from time to time. Such deduction shall be made @
ten percentage (10%) of the amount payable under R.A. / Final bill. After the whole (remaining 5%)
amount is deducted by the Corporation from R.A. / Final bill, contracting agency at its discretion may
submit FDR favouring Corporation [any of the above mentioned banks] of the amount equivalent to
security deposit so deducted and in such case, amount deducted in cash from R.A. / Final Bill will be
refunded. The FDR / Cash, deposited and/or deducted from R.A. / Final Billl under this clause (total
10% of the contract value) shall be held by Gujarat State Police Housing Corporation Ltd., Gandhinagar
as security deposit.
All compensation, liquidated damages or other sums or money payable by the contractor
to Corporation under the terms of this contract shall be deducted from or recouped by the
realization of a sufficient part of his security deposit, or from the interest arising therefrom or
from any sums which may due or may become due by Corporation to the Contractor on any
 19

account whatsoever in respect of this contract, or any other contract, or otherwise. In the event
of his security deposit being reduced by reason of any such deduction or recoupment as
aforesaid, the contractor shall within fifteen days thereafter, make good in cash as aforesaid
any sum or sums required to make good the shortfall in the amount of the security deposit. If
the full amount of the security deposit to be paid in cash within the period specified above, is
not paid, the tender / contract already accepted shall be considered as cancelled available
security deposit shall be forfeited and the tenderer / contractor may be debarred from tendering
for future works.

If on preparation of final bill, it is noticed that final cost of work varies i.e. (by way of excess or savings)
in relation to contract price, the amount of security deposit will be adjusted with reference to the final
cost of the work at the time of payment of final bill.

B). Refund of Security Deposit

From total 10 % of security deposit, 50 % of security deposit (in the form of FDR received at the
time of agreement of the contract) will be released with the final bill payment on submission of the
satisfactory completion report & recommendation for release of S.D. from Executive Engineer.
Balance 50 % S.D. (deducted from the RA bill payments) will be released after completion of
defect liability period as per clause No. 26.2 on recommendation and submission of satisfactory
completion certificate obtained from the beneficiary by the Executive Engineer in the prescribed
form No. 1 on Page No.56.
In case of ANNUAL RATE CONTRACT works, initial security deposit (which was deposited at
the time of agreement) will be released with the final bill payment of last work under annual rate
contract on submission of satisfactory completion report and recommendation of release of S.D.
from concerned Executive Engineer. Remaining S.D. shall be released after completion of defect
liability period on submission of satisfactory completion reports by Executive Engineer to be
obtained from concerned Police/Jail authority about no defect and satisfactory maintenance in
the prescribed format No. (1) on page No. 56. It may be clarified here that before release of
final balance security deposit, after expiry of the defect liability and maintenance period
as per clause 26.2, the amount of expenses if any, incurred by the Corporation will be
deducted from the aforesaid security deposit available with the Corporation under this
contract or other contracts.
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Clause : 3.0 Progress Schedule

(a) The contractor shall furnish within one month (unless extended by the Executive
Engineer) of the order to start the work, the progress schedule in quadruplicate indicating
the date of staring, the monthly progress expected to be achieved and the anticipated
completion date of each major item of work to be done by him, also indicating dates of
procurement and setting up the materials, plants and machinery. The schedule should include
a statement of proposed general and detailed arrangements for carring out works, and of
item, order and the manner in which it is proposed that these shall be executed. The schdeule
should be framed keeping requirement of the clause 56 of tender form in view and be such
as in practice to respect in the achivement towards completion of the work in the time limit
and of the particular items on the dates specified in the contract and shall have the approval
of the Executive Engineer. Further, the dates for the progress, as in this schedule shall be
adhered to.
(b) In case it is found necessary, at any stage to alter the schedule, the contractor shall
submit in good time a revised schedule incorporating necessary modification proposed and
get the same approved from the Executive Engineer. No revised schedule shall be operative
without such acceptance in writing. The Executive Engineer is further empowered to ask for
more detailed schedule or schedules, say week by week, for any item or items and the
contractor shall supply the same as and when asked for.
(c) The Executive Engineer shall have, at all times, the right, without in any way vitiating
this contract or forming grounds for any claim, to alter the order of the work or any part there
of and the contractor shall after receiving such direction, proceed in the order directed. The
contractor shall also revise the progress schedules accordingly and submit four copies of
the revised schedule to the Executive Engineer within seven days of the said Engineer’s
direction to alter the order of works.
(d) The contractor shall furnish sufficent plant, equipment and labour and shall work for
such hours and shifts as may be necessary to maintain the progress of the work as per
approved progress-schedule. The working and shift hours shall comply with all the Government
regulations in force and shall be such, as may be approved by the Executive Engineer and
the same will not be varied without the prior approval of Executive Engineer.
(e) The contractor shall from time to time, as may be required by the Executive Engineer,
furnish the Executive Engineer with a statement in writing of the arrangements he proposes
to adopt for the execution of this contract and the Executive Engineer may, if he considers
necessary at any time advise alternation in the same, which the contractor shall adopt on
notice thereof.
(f) The progress-schedule(s) shall be in the form of progress chart, forms, statements
and/or reports as may be approved by the Executive Engineer.
The contractor shall submit four copies showing the progress of the work in the form
of a chart etc., at periodical intervals as may be specified by Executive Engineer.
(g) The approval of the progress schedules by the Executive Engineer shall not
relieve the contractor of any of his duties and responsibilities under the contract. The
adoption of any modification in the schedule required by the Executive Engineer shall not
entitle the contractor to any extra payment.
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Clause 4.0 Setting out
The contractor shall be responsible for the true and proper setting out of the works
and the correctness of positions, levels, dimensions and alignments of all parts of the work
and for the provisions of all necessary instruments, appliance and labour in connection
therewith. If , at any time, during the progress of the work, any errors appear or arise in the
position, levels, dimensions or alignments of any part of the work, the contractor, on being
required to rectify such errors by the Executive Engineer shall at his own expense do so to
the satisfaction of the Executive Engineer. If however, such error is based on incorrect data
supplied in writing by the Executive Engineer, the expenses of rectifying the same shall be
borne by the Corporation. The checking of and setting out of any line or level by the Executive
Engineer or his representative shall not in any way, relieve the contractor of his responsibilities
for the correctness of the error. The contractor shall carefully protect and prepare all bench-
marks, site-nails, pegs and other things used in setting out of the work(s).
Clause 5.0 Employment of a qualified site Engineer by the Contractor.
The Contractor shall either himself supervise the execution of the work, if he is a
qualified engineer, or shall employ full time technically qualified Engineer during the execution
of this work. The Enginers so employed for the work must have suficient experience to handle
the work independently. If in the opinion of the Executive Engineer the contractor or his site
Engineer has not himself knowledge and experience to be capable of executing the work
properly or receiving instruction or cannot give his full attention to the work, Contracttor shall,
at his own expense, employ another qualified Engineer approved by the Executive Engineer.
Orders given to the contractor’s engineer shall be considered to have the force as if these
had been given to the contractor himself and the site Engineer will be available on site at all
times to receive instructions from the Executive Engineer. If the contractor fails to appoint a
suitable Engineer as directed by the Executive Engineer, the Executive Engineer shall have
full powers to suspend the execution of works until such date as a suitable Engineer is
appointed and the Contractor shall be held responsible for the delay so caused to the works.
Clause 6.0 Materials :
6.1.1 All materials, articles and workmanship shall be of the acceptable quality for the
work. The unit rates quoted shall be deemed to have included procurement, transport, handling,
storage etc. The contractor shall construct a shed for storing controlled and valuable materials
at work site having double locking arrangement. These and other materials on which secured
advance is obtained shall be taken for use in the presence of Executive Engineer’s
representative. No materials will be removed from the site of the work.
6.1.2. The contractor shall without extra cost provide sample for the testing of materials
and facilitate inspection of the work. The Executive Engineer shall have access at all times
to the places or storage and to the places where materials are being manufactured or
processed for use in the works under the contract to determine whether their manufacture
and process are proceeding in accordance with the drawings and specifications.
6.1.3 Cement Register :
A register in the prescribed form showing day-to-day receipt, consumption and balance
of cement on site of work will be maintained by the Corporation, which shall invariably be
signed daily by the contractor or his authorised representative in token of its correctness.
 22
Clause 7.0 Testing Materials
(a) All materials before being utilised for works shall be inspected and tested, wherever
necessary, by the Executive Engineer or his representative. The nature and number of
testing will be done, as per frequency and acceptance criteria for building materials used
for construction as shown in "General Technical Specifications for Building" booklet enclosed.
However the Executive Engineer shall have powers to modify frequency of tests. in addition
shall be the day to day and periodical tests to be carried out on materials, mixes and placed
concrete, mortar etc. to be done on site shall be specified by the Executive Engineer from
time to time and the contractor shall provide all facilities towards collections of samples etc.
Over and above testing for other construction materials shall be got tasted prior to execution
of work as decided by Engineer Incharge. Unless otherwise specified, labourers for collecting
samples and the packing of the samples shall be provided free of cost by the contractors.
The materials shall be tested in GERI laboratory or at any other place/laboratory as directed
by the Executive Engineer and the results given by such authorities shall be considered as
final. It shall then be the contractor’s responsibility to provide materials confirming to the
approved samples to the standards as determined by the laboratory tests.
(b) Consolidated record of results of tests will be maintained in the prescribed Quality
Control Register to be maintained jointly by the contractor and the Executive Engineer on the
site of work.
(c) Testing charges for quality tests of materials and workmanship will be recovered
from running and final bill of the contractor at the rate of one percent of the value of work
done.
(d) The contractor shall supply all materials required for testing free of cost.
(e) The contractor shall make suitable arrangements to see that one of his
representative remains present at the time of taking samples and shall authenticate the facts,
if so required. Should the contractor fail to keep his representative present at site at the time
of taking samples or fail to provide required labourers and other equipments to collect the
samples, it shall be taken by the Executive Engineer and the samples selected shall be
considered as authentic.
The cost incurred by the Executive Engineer when the contractor fails to provide
required men and materils for collecting samples shall be recovered from the contractor.
(f) For cement concrete items, in addition to the cube tests while items are executed,
the quality of concrete set may be tested at any time during Defect Liability period by non-
destrcutive tests, if any complains received from the concerned Police Officers about the
inferior quality of concrete work, then, and if so desired by the Executive Engineer subject to
review of the decision by Managing Director of the Corporation even after such items are
executed, accepted and paid. Depending upon non-destructive test result, testing charges
for this test will be borne by the contractor only if the result is negative. Further, if the result is
negative i.e. concrete is found sub-standard, the contractor shall remove the concrete and
execute a fresh concrete of the specified standard without extra payment.
8. Workmanship :
8.1 The contractor shall execute the whole and every part of the work in workman-
like manner and both as regard materials and in other respect in strict accordance with
specifications. The contractor shall also confirm exactly, fully and faithfully to the design,
drawings and instructions in writing for the work signed by the Executive Engineer. The design
and the drawings shall be lodged in the office of the Executive Engineer to which the contractor
shall be entitled to have access for the purpose of inspection at such office during office
hours.
Where the instructions referred to above are not contained in separate letters addressed
to the contractor the same shall be recorded in the Work Order book, which shall be maintained
and kept on the site of the work. The contractor shall be required to sign such entries in the
 23

work-order book in token of having noted instructions. However if the contractor fails to sign the
work-Order Book for any resons whatsoever, the entry of the instructions in the Work Order
Book shall be deemed to be the due notice to him of the said instruction. The Work Order Book
shall be open for inspection to the contractor on the site of the work during officer hours.
8.2 The contractor will be entitled to receive the certified copy of the accepted
tender along with the work order free of cost and will also be entitled to receive, on request
three sets of contract and working drawings, according to the progress of work, as and
when needed, free of cost.
Clause 9.0 Machinery and Equipment :
The contractor shall give a list of machineries and equipment immediately available
with him for use on the work in Annexure 3 and which they propose to procure for the work in
Annexure-4.
Clause 10.0 Inspection and Approval :
All works shall be subject to examination and approval by the Executive Engineer at
each stage thereof and the contractor shall give due notice to the Executive Engineer or his
authorised representative when each stage is ready. In default of such notice, the Engineer-
in-charge shall be entitled to appraise the quality and extent thereof in the manner he deems
fit.
No work shall be covered up or put out of view without approval of the Executive
Engineer or his authorised representaive without giving an opportunity for examination of
foundation before permanent work is placed thereon. The contractor shall give due notice to
the Executive Engineer or his representative without unreasonable delay, unless the Executive
Engineer considers it unnecessary and advises the contractor accordingly, to attend for the
purpose of examining and measuring such work or for examining such foundations. In the
event of the failure of the contractor to give such notice, he shall, if required by the Executive
Engineer uncover such work at the Contractor’s expense.
Corporation Officers concerned with the contract and Vigilence Officcers shall have
powers at any time to inspect and examine any part of the works and the contractor shall give
such facilities as may be required for such inspection and examination.
Clause 11.0 Duties and Powers of Executive Engineer’s Representatives.
The duties of the Representative of the Executive Engineer, are to watch and supervise
the works and to test, examine any materials to be used or workmanship employed in
connection with the works. They shall have no authority to order any work involving any
extra payment by the employer nor to make any variation in the works.
Failure of the representative of the Executive Engineer to disapprove any work or
materials shall not prejudice the power of the Executive Engineer thereafter to disapprove
such work/materials and to order the pulling down, removal or breaking thereof, if the considers
such work sub-standard.
If the contractor shall be dis-satisfied with any decision of the representative of the
Executive Engineer, he shall be entitled to refer the matter to the Executive Engineer who
thereupon confirm, reverse or vary such decision.
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Clause 12.0 Removal of Workmen

The contractor shall employ in and about the execution of works only such persons
as are skilled and experienced in their several trades and the Executive Engineer shall be
at liberty to object to and require the contractor to remove from the works any person
employed by the contractor in or about the execution of the works who in the opinion of the
Executive Engineer misconducts himself or is incompetent or negligent in the proper
performance of his duties concerning execution of work and such person shall not be again
employed upon the works without permission of the Executive Engineer.
Clause 13.0 Entering upon or Commencing any portion of work.
The contractor shall not enter upon or commence any portion of work except with the
written authority and instruction of the Executive Engineer or of his representative in charge
of the work. Failing such authority, the contractor shall have no claim to ask for measurement
of or payment for work.
Clause 14.0 Access to site and work on site
The Engineer may, if he considers fit from to time, enter upon any land(s) which may
be in possession of the contractor of this contract for the purpose of executing any work not
included in this contract and may execute such works not included in this contract by agents
or by other contractors, at his option and the contractor shall, in accordance with the
requirements of the Executive Engineer, afford all reasonable facilities for execution of the
work including occupation of lands or structure or otherwise to any other contractor employed
by the Corporation and his workmen or for the workmen of the Corporation who may be
employed in the execution on or near the site of the work not included in the contract or of any
contract in connection with or anciliary to the work and in default, the contractor shall be
liable to the Corporation for any delay or expense incurred by reason of such default. Provided
always that if the exercise of these powers shall cause any damage to the Contractor, he
may, within fifteen days of such damage arising, make a statement of the same to the
Executive Engineer who shall from time to time, assess the value in his judgement of such
damage and the Corporation shall from time to time pay to the contractor the amounts (if
any) accepted as justified by the Executive Engineer :
Clause 15.0 Lumpsum in Estimates
When the estimate on which a tender is made includes lump sum in respect of part of
the work, the contractor shall be entitled to payment in respect of the items of work involved
or the part of the work in question at the same rates as are payable under this contract for
such items, or if the part of the work in question is not in the opinion of the Executive
Engineer capable of measurement, the Executive Engineer may, at his discretion, pay the
lump sum amount entered in the estimate and the certificate in writing of the Executive
Engineer 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 16.0 Action where no specifications
In the case of work for which there is no such specification, such work shall be
carried out in accordance with the R & B Divisional Specification and in the event of there
being no R & B Divisional Specifications, then, in such case the work shall be carried out in
all respects in accordance with the instructions and requirements of the Executive Engineer.
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Clause 17.0 Other Contractors

17.1 When two or more contractors are engaged on work in the same vicinity, they
shall work together in a spirit of cooperation and accommodation. The contractor shall not
take or cause to be taken any steps or actions that may cause disrruptions, discontent or
disturbance to the works, labour and other arrangements of other contractors in the
neighbouring project localities. In the case of any difficulties amongst the contractors the
Executive Engineer shall direct the manner in which each contractor shall conduct his works
so far as it affects the others.
17.2 It is possible that work at, or in the vicinity of the site of work will be performed by
the Corporation or by other contracttors engaged in work for the Corporation during the
contract period. Under such circumstances, the contractor shall without charge permit the
Corportaion and such other contractors and other workmen to use the access facilities
including roads, lighting installation and any other facilities contructed or acquired by the
contractor for use in the performance of the works till they are required to be maintained for
the purpose of this work.
Clause 18.0 Maintaining Public Traffic
18.1 Where public traffic is required to cross over or pass through the work,
construction operation shall be so conducted as to provide a reasonably smooth, even
dustless and unobstructed passage for traffic at all times. Water shall be sprinkled as directed
for the abatement of dust in connection with maintaining public traffic. The contractor shall
construct temporary connections of sufficient width for traffic between the exsting road way
and new construction where necessary. At any and all points alongwith the work where the
nature of the construction operations in progress and the equipment and machinery in use
are of such character as to endanger passing traffic, the contractor shall provide such
personnel and set up arrangements as may be necessary to safeguard against accidents
and avoid damage or injury to passing traffic.
Clause 19.0 Ecological balance
19.1 The contractor shall maintain ecological balance by preventing deforestation,
water pollution and defacing of natural landscape. The contractor shall so conduct his
construction operations as to prevent any unnecessary destructions, scarring or defacing of
the natural surrounding in the vicinity of the work. In respect of ecological balance, contractor
shall observe the following instructions :
(a) Where unnecesary destruction, scarring damage or defacing may occur as a result
of the operations, the same shall be repaired, replanted or otherwise corrected at, the
contractors expenses. The contractor shall adopt precautions, when using explosives which
will prevent scattering of rocks or other debris outside the work area. All work areas shall be
smoothened and graded in a manner to confirm to the natural appearances of the landscape
as directed by the Executive Engineer.
(b) All trees and shrubbery which are not specifically required to be cleared or removed
for construction purpose shall be preserved and shall be protected from any damage that
may be caused by the contractor’s construction operations and equipment. The removal of
trees or shrubs will be permitted only after prior approval by the Executive Engineer. Special
care shall be exercised where trees or shrubs are exposed to injuries by construction
 26

equipment, blasting, excavation, dumping, chemical damage or other operation and the
contractor shall adequately protect such trees by use of protective barriers or other methods
approved by the Executive Engineer. Trees shall not be used for anchorages. The contractor
shall be responsible for injuries to trees and shrubs caused by his operations. The term
“injury” shall include, without limitation, brushing, scarring, tearing and breaking of roots,
trunk or branches. All injured trees and shrub shall be restored as nearly as practicable without
delay to their original condition at the contractor’s expenses.
(c) The contractor’s construction activities shall be performed by methods that will
prevent entrance or accidental spillage of solid matter contaminants, debris and other
objectionable pollutants and wastes into river. Such pollutants and wastes include earth and
earth products, garbage, cement concrete, sewage effluent, industrial wastes, radio-active
substances, mercury, oil and other petrolium products, aggregate process tailing products,
minerals and thermal pollution. Pollutants and wastes shall be disposed off in a manner and
at sites approved by the Executive Engineer.
(d) In the conduct of construction activities and operation of equipments, the contractor
shall utilize such practicable methods and devices as are reasonably available to control,
prevent and otherwise minimise air pollution.
(e) Excessive emission of dust into the atmosphere will not be permited during the
manufacture, handling and storage of concrete aggregate and the contractor shall use such
methods and equipment as are necessary for collection and disposal or prevention of dust
during these operations. The contractor’s method of storing and handling cement shall also
include means of eliminating atmospheric discharge of dust. Equipment and vehicles that
give objectionable emission of exhaust gases shall not be operated. Disposal of materials
resulting from clearing of trees, brush combustible construction materials and rubbish may
be permitted only when atmospheric conditions for burning are considered favourable.
19.2 Separate payment will not be made for complying with provisions of this Clause
and all cost shall be deemed to have been included in costs of items in Memorandum of
items and rates of work to be executed.
Clause 20.0 Local Roads and Haul Roads
20.1 The existing public roads near the site of work are shown on the drawing. The
contractor may construct and maintain additional roads as required at his own expense.
20.2 The contractor’s heavy construction traffic of tracked equipments shall not travel
on any public roads or bridges unless the contractor has made arrangements with the
authority concerned and approval of the Executive Engineer to such arrangements has
been obtained.
20.3 The contractor shall plan transportation of construction materials to work site in
such a way that road accidents are avoided.
20.4 The contractor shall construct and maintain at his own cost all suitable temporary
haul roads at the work site as may be found necessary by him for the execution of work. For
construction of haul roads including those required for transport of construction materials
and installation of plant and equipments, the contractor shall give a proposal for lands required
by him. The employer will acquire additional lands, if required, for such purposes. The location
of all such haul roads and any subsequent modifications thereto shall be got approved by the
Executive Engineer.
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20.5 During the period of the contract, the Employer and other contractors employed
by the Employer may be engaged on other works in the vicinity of the works covered by this
contract. The contractor shall allow the Executive Engineer and other contractors free and
reasonable use of all temporary haul roads except vital haul roads upon which the contractor
may impose restriction to prevent interruption to concrete hauling opeations. Any such
restrictions must be approved by the Executive Engineer.
20.6 Separate payment will not be made for the construction and maintenance of the
temporary haul roads including any necessary special protections or strengthening required
and all cost of such works shall be deemed to have been included in the rates of items of
work.
Clause 21.0 Road crossings or works crossing
21.1 Where the work to be performed under this contract crosses or otherwise
interferes with water, sewer, gas or oil pipelines, buried cable or other public utilities Electric,
Telephone, W.S. Sewarage, the contractor shall, provide for such utilities and shall perform
such construction operations during the progress of the work so that no damage will result to
either public or private interests. Employer does not claim that the locations of utilities shown
on the drawing are exact or exhaustive. It shall be responsibility of the contractor to determine
the actual locations of and make provision for all utilities.
21.2 Before utility is taken out of service, permission shall be obtained from the owners.
The contractor shall be liable for all damages that may result from failure to provide for utilities
during the progress of the work and the contractor shall indemnify and hold harmless the
Employer from claims of what-so-ever nature or kind arising out of or connected with damages
to utilities encountered during construction, damages resulting from disrruption of service
and injury to persons or damages to property resulting from the negligent, accidental or
intentional breaching of utilities.
21.3 Irrigation systems disturbed by the work shall be restored in the location and in
as good a condition as originally found, except as otherwise approved. If construction of
other contractors cause damages or damages occur during planting or growing season,
temporary crossings must be implemented to provide uniterrupted service to the users.
21.4 If the contractor does not maintain the existing watersource and utilities in such
condition that no damage will result to either public or private interests, the Employer will
cause the necessary repairs to be made and recover charges from the contractor for such
work.
21.5 Except as otherwise provided below, the cost of all work described in this
clause shall be included in rates of items of work.
21.6 Where construction of new structures or modification of existing structures are
required to render the utilities inoperative beyond the period of the contract, the contractor
shall notify the Executive Engineer so that arrangement can be made with the owners for the
constructtion or modifications required. When it is determined that such works are to be
performed by the contractor, and such item of work is not provided for in the Memorandum of
items and rates of work to be executed, the contractor shall perform the necessary work on
extra payment basis.
21.7 Where utilities are encountered but are not shown on the drawing or otherwise
provided for in these specifications, all additional works required to be performed by the
 28
contractor as a result of encountering the watercourses or utilities shall be performed, on
extra payment basis.

22.0 Old curiosity

In the event of discovery by the contractor or his employees, during the progress of
work of any gold, silver, oil or other minerals of any description and precious stones, treasury,
coins, antiquities, relic, fossils or other articles or value of interst whether geological,
archaeological or any other branch of knowledge, such treasure and other things shall be
deemed to be the absolute property of the Corporation and the contractor shall duly preserve
the same to the satisfaction of the Executive Engineer, from time to time, and hand over the
same to the persons as the Executive Engineer may appoint.
The contractor shall take all reasonable precautions to prevent his workmen or any
other person from removing or damaging any such articles or things, immediately after the
discovery thereof and before removal acquaint the Executive Engineer with such discovery
and carry out his orders for the disposal of the same.
Clause 23.0 Observance of laws, Local regulation and attachments
The contractor shall confirm to all laws of the land and the regulations and bye laws of
any local authority and of any water or electricity supply companies with whose system the
structure is proposed to be connected. He shall before making any variations from the
drawings or specifications that may be necessiated for so confirming, give to the Executive
Engineer a written notice, specifying the variations proposed to be made and the reasons
for making them and apply for instructions thereon. In case the contractor does not receive
such instructions within seven days, he shall proceed with the work confirming to the
provisions, regulations or bye-laws in question and variation in the drawings or specifications
so necessitated shall be dealt with as per clause 51. The contractor shall give notices required
by the said Acts, regulations or bye-laws and pay the required fees in connection therewith.
He shall also ensure that no attachments are made against materials for works related to the
contracts. The contractor shall protect and indemnify Employer against all claims or liabilities
arising from or based on the violation of such laws, ordinances, regulations, bye-laws, decrees
or attachments by him or by his employees.
Clause-24.0 Contract documents and matter to be treated as confidential.
All documents, correspondence, decisions and orders concerning the contract shall
be considered as confidential and/or restricted in nature by the Contractor and he shall not
divulge or allow access to them by any unauthorised person.
Clause 25.0 Work during night or on Sundays and holidays
Unless otherwise provided, none of the permanent works shall be carried out during
night, Sundays or authorised holidays without permission in writing, However when work is
unavoidable or necessary for the safety of life, property or works, the contractor shall take
necessary action immediately and advise the Executive Engineer accordingly.
Clause 26.0 Action and compensation in case of bad work / and defect
liability period.
26.1 If at any time before the expiry of Defects Liability period as detailed in Clause
hereafter in clause 26.3 it shall appear to the Executive Engineer or his sub-ordinate in
charge of the work that/any work has been executed unsound, imperfect or unskilled
workmanship or with materials of inferior quality or that any materials or articles provided by
him for the execution of the work are unsound, or of a quality inferior to that contracted for
 29
or are otherwise not in accordance with the contract, it shall be lawful for the Executive
Engineer to intimate this fact in writing to the contractor and then notwithstanding the fact
that the work, materials or articles complained of may have been passed, certified and paid
for, the contractor shall be bound forthwith to rectify, or remove and reconstruct the work
so specified in whole or in part as the case may require, or if so required, shall remove the
materials or articles so specified in whole or in part and provide other proper and suitable
materials or articles at his own charge and cost, and in the event of his failing to do so within
a period to be specified by the Executive Engineer in the written intimation aforesaid, the
contractor shall be liable to pay Liquidated Damages at the rate of one percent on the
amount of the estimate of the rectification for every day not exceeding ten days during
which the failure so continues, and in the event of any such failure as aforesaid continuing
beyond ten days, the Engineer-in-charge may rectify or remove, and re-execute the work
or remove and replace the materials complained of as the case may be at the risk and
expense in all respects of the contractor. The management of the Corporation should
consider that any such inferior work or materials as described above may be accepted or
made use of, it shall be within his descretion to accept the same at such reduced rates as
he may fix therefore.
26.2 Defect Liability Period.
(i) The Defects Liability period shall be as under for original building works:
 Three years or elapse of three monsoon periods following date of possession of building
taken over by user agency OR Four years or elapse of four monsoon periods following the
certified date of completion, whichever is earlier.
(ii) The Defects Liability period shall be as under for building works of repairing/renovation:
For building work costing Rs. 50,000 or less, three months following the certified date of
completion.
 For building work costing more than Rs. 50,000cand up to Rs. 100 Lacs, One year OR
elapse of one monsoon period following the certified date of completion, whichever is
later.
 For building work costing Rs. 100 Lacs or more, three years OR elapse of three monsoon
periods following the certified date of completion, whichever is later.
For the purpose of deciding the monsoon period, 30th September may be treated as
the last date.

26.3 Contractor’s Liability for damage during defect liability period.

If the contractor or his workmen, or servant shall break, deface any part of the work in
question in/on which they may be working or any building, road fence, enclosure or grassland,
cultivated ground contiguous to the premises on which the work or any part thereof is being
executed or if any damage shall occur to the work from any cause whatever before completion of
the work or before the completion of the defect liability period whichever is later or damage
occurred/caused due to normal flood or rain or if any imperfection becomes apparent in it within
defect liability period, or otherwise by the executive engineer, the contractor shall make good the
same at his own expenses or in default, the executive engineer may cause the same to be made
good by the other contractor and deduct the expenses (of which the certificate of the executive
 30
engineer shall be final) from any sums that may thereafter become due to the contractor or from
his security deposit or the proceeds of sale thereof or a sufficient portions thereof.

26.4 Liability of contractor duirng defect liability period shall be with respect to removing
/ rectification of any defect or lecuna found in quality or workmanship or standard of
manufactured item or in required specification of tender.
It is clarified that the defect liability does not include running expenses of water pumps,
electrical motors or replacement of consumable articles for rendering utility services like
electrical lamps, tuberode and bell.
The Complain Book will be maintained in the specified quarter/office and the
occupants/tenants will lodge their complaints in this book about necessity for above
maintenance. The contractor will attend to such demand within fifteen days from the date of
complain in the complain Book. If the contractor does not attend to maintenance as above,
the authorised representative of the Corporation will give registered Notice to attend the
same within fifteen days from the date of notice. If the Contractor still fail to attend to
maintenance, the maintenance work will be carried out from the amount of security Deposit
retained for this purpose. The last instalment of security deposit (remaining five percent) will
be released only on production of the certificate of Executive Engineer and from the concered
police/jail authority about no defect and satisfactory maintenance of buildings as required
under this clause.
Clause 27.0 Indemnity
The contractor shall indemnify the Corporation against all actions, suits, claims &
demands through or made against the Corporation in respect of work of this contract against
any loss damage to Corporation in consequence of any action or suit being brought against
the contractor for anything done or omitted to be done in execution of the work of this contract.
Clause 28.0 Liability of contractor for any damages done in or outside work
area.
Compensation for all damages done intentionally or unintentionally by Contractor’s
labourers whether in or beyond limits of Corporation property including any damage caused
by the spreading of fire shall be estimated by the Executive Engineer, which subject to review
of the decision by the Dy. General Manager (technical)/Superintending Engineer, on appeal,
shall be final and the contractor shall be bound to pay the amount of the assessed
compensation on demand, failing which the same will be recovered from the Contractor as
damages in the manner prescribed in clause 2 or deducted by the Engineer-in-charge from
any sums that may be due or become due from Corporation to the contractor under this
contract or otherwise.
The Contractor shall bear the expenses of defending any action or other legal
proceeding that may be brought by any person for injury sustained by him owing to
neglect of precautions to prevent the spread of the fire and he shall also pay the damages
and cost that may be awarded by the court in consequence.
Clause 29.0 Rescinding of contract in case of subletting or contractor
becoming insolvent, Change in the constitution of firm to be notified :
29.1 The contract shall not be assigned or sublet without the written approval of the
Corporation and if the contractor shall assign or sublet the contract or attempt to do so in any
apparent or camouflaged way or become insolvent or commence any proceeding to get
 31
himself adjudicated an insolvent or make any compromisation with his creditors, or attempt
to do so, the Corporation may, by notice in writing rescind the contract and decision of the
Corporation in this regard shall be final and binding to the contractor. Also if any bribe,
gratuity, gift, loan, perquisite, reward or advantage, pecuniary or otherwise, shall either directly
or indirectly be given, proposed or offered by the contractor, or any of his servants or agents
to any public officer or person in the employment of Corporation in any way relating to his
office or employment, or if any such officer or person shall become in any way directly or
indirectly interested in contract, the Corporation may thereupon by a notice in writing rescind
the contract. In the event of contract being rescinded, the Security Deposit of the contractor
shall thereupon stand forfeited and be absolutely at the disposal of Corporation and the
same consequence shall ensure as if the contract had been rescinded under Clause 57
hereof and in addition the contractor shall not be entitled to recover or be paid for any work
thereafter actually performed under the contract.
29.2 In the case of a tender by partnership firm or a limited company, any change in its
constitution shall be forthwith notified by the Contractor to Executive Engineer for his
information.
Clause 30 Claim for compensation for delay in making available land
No compensation shall be allowed for any delay caused in execution of the work on
account of delay in making available the full site of land at a time. No compensation shall
also be allowed on account of work being hindered or delayed because of any utility services
like water, sewer, gas or oil piplines, electricity or telephone lines burried or overheads or
other public utilities existing at the site of work or because of time required to remove or
realign them.
Clause 31 Claim for compensation for delay in the execution of work.
No compensation shall be allowed for any delay in execution of the work on account of
water standing in low lying area of the site as well as delay in shifting utilities by the authority.
The rates are inclusive of hard or cracked soil, excavation in mud, sub soil water in excavation
trenches and no claim for an extra shall be entertained unless otherwise expressly specified.
LABOUR SECTION
Clause 32.0 Safety Provisions
32.1.1 The contractor in his operations shall arrange for the safety measures as
required inclusive of the provisions in the Safety Manual published by the Central Water and
Power Commissions, New Delhi (January 1962 edition). In case the contractor fails to
make such arrangements the Executive Engineer shall be entitled to cause them to be
provided and to recover the costs thereof from the contractor.
32.1.2 For failure to comply with the provisions of the Safety Manual the contractor
shall without prejudice to any other liablities, pay to the Employer a sum not exceeding one
thousand per day for each day of default, subject to a maximum of one percent of tendered
amount.
32.2. The contractor shall be responsible for and shall pay the expenses of providing
medical aid to any workmen who may suffer a bodily injury as a result of an accident. If such
expenses are incurred by Corporation, the same shall be recovered from the contractor
forthwith and be deducted, without prejudice to any other remedy of Corporation from any
amount due or that may become due to the Contractor by the employer.
 32
32.3 The contractor shall provide all necessary personal safety equipment and first
aid appliances available for the use of the person employed on the site and shall maintain
the same in suitable condition for immediate use at any time and shall comply with the following
regulations in connection therewith :
(a) The workers shall be required to use the equipment so provided by the Contractor
and Contractor shall take adequate steps to ensure proper use of the equipment by those
concerned.
(b) When work is carried on in proximity to any place where there is a risk of drowning,
all necessary equipments shall be provided and kept for use and all necessary steps shall
be taken for the prompt rescue of any person, in danger.
(c) Adequate provision shall be made for prompt first aid treatment of all injuries likely
to be sustained during the course of the work.
(d) The contractor shall employ only such labour who shall produce a valid certificate
of having been vaccinated against small -pox within a period of last three years.
32.4 Employment of famine or other labour :
The contractor shall employ any famine, convict or other labour of particular kind or
class, if ordered in writing to do so by the Executive Engineer.
32.5 Compliance to Labour Regulations.
(i) The contractor shall not employ in connection with the work any person who has not
completed his fifteen years of age.
(ii) The contractor shall furnish to the Executive Engineer information about the various
categories of labour employed by him in the form and at such intervals as may be specified.
(iii) The contractor shall in respect of labour employed by him comply with or cause to
be complied with the provisions of the various labour laws and rules and regulations as
applicable to them in regard to all matters provided therein and shall indemnify the employer
in respect of all claims that may be made against the employer for non-compliance thereof
by the contractor.
(iv) Notwithstanding anything contained herein, the Executive Engineer may take such
actions as may be necessary for compliance of the various labour laws and shall recover the
costs thereof from the contractor.
(v) In the event of the contractor committing a default or breach of any of the provisions
of the labour laws and rules and regulations applicable, the contractor shall without prejudice
to any other liability under the Acts, pay to the Employer a sum not exceeding Rupees one
thousand per day for each of the dafaults subject to a maximum of one percent of the
tendered amount.
32.6 The contractor should as far as possible obtain his requirement of labourers, skilled and
unskilled, from the nearest Employment Exchange so as to utilise the local employment potential. If
there are no local Employment Exchanges or such Exchanges are not able to provide the required
labourers locally, suitable local labourers should be utilised to the maximum extent possible.
32.7 Minimum Wages
If a Contractor fails to pay within ‘7’ (Seven) days to the labourer(s)/worker(s) the
minimum wages prescribed by the Government under the Minimum Wages Act, 1948 as in
force from time to time, the Engineer-in-charge shall be at liberty to deduct the amount payable
to the labourer/workers from his (Contractors’) bills or deposit(s) payable by the Contractor
 33

and after making due inquiries and establishing the claim(s) of the labourer(s)/worker(s),
will pay the wages to labourers/workers.
The Contractor shall not be entitled to any payment of compensation on account of
any loss that the Contractor may have to incur on account of the action as aforesaid. Before
the action as aforesaid, is enforced, a notice in writing to the Contractor shall be issued by
the Engineer-in-charge to pay the wages as per Minimum Wages Act in force at the relevent
time. If Contractor does not act as aforesaid within seven days, then the action contemplated
as above shall be taken against him.
32.8 Local Labour on normal rates
The contractor shall have to engage local labour and person seeking employment
where available on normal rates.
Clause 33.0 Compensation under the Workmen’s Compensation Act.
33.1 The contractor shall be responsible for and shall pay any compensation to his
workmen payable under the Workmen’s compensation Act. 1923 (VIII of 1923) (hereinafter
called the said Act) for injuries caused to the workmen. If such compensation is paid by
Employer as principal under sub-section (i) of section 12 of the said Act, on behalf of the
contractor, it shall be recoverable by the Engineer-in-charge from the contractor under sub-
section of the said section, Comepensation shall be recovered in the manner as decided by
the Executive Engineer.
33.2 Responsibilities and liabilities of the contractor under Workmen’s Compensation
Act are given in the said Act. In addition, following shall also apply :
(a) On the occurence of an accident which results in death of workmen employed by
the Contractor or which is serious and is likely to result in death of any such workmen, the
contractor, shall, within 24 hours of happening of such accident (s), intimate in writing to the
Executive Engineer the fact of such accident(s) and also submit report of accident(s) in the
prescribed proforma to the Commissioner under the Workmen’s Compensation Act. The
contractor shall indemnify the Employer against all loss or damage sustained by the Employer
resulting directly or indirectly from his failure to give intimation in the manner aforesaid
including the penalties or fines, if any, payable by the Employer as a consequence of
Employer’s failure to give notice under the Workmen’s Compensation Act or otherwise to
conform to the provisions of the said act in regard to such accident(s).
(b) In the case of an accident, in respect of which compensation may become payable
under Workmen’s Ccompensation Act, whether by the contractor or by the Engineer-in-
charge as principal Employer, it shall be lawful for the Engineer-in-charge to retain out of
money due and payble to the contractor such sum or sums of money as may, in the opinion
of the Executive Engineer be sufficient to meet such a liability. The opinion of the Engineer-
in-charge shall be final in regard to all matters arising under this clause.
Clause 34.1 Licence under Contract Labour (Regulation and Abolition) Act.
of 1970 and Gujarat Rules of 1972.
Before starting the work the, contractor will have to obtain the licence from the District
Assistant Labour Commissioner under the Contract Labour (Regulation and Abolition) Act
1970 and Contract Labour (regulation and Abolition) Gujarat Rules 1972 after paying
necessary fees and deposit on the basis of the number of labourers to be employed on the
 34

work and will have to supply two true copies of the said licence to the Deputy Project
Manager before the work is started.
Clause 34.2 The Gujarat building and other construction workers (regulation
of employment & condition of service) Rules, 2003 :
The contracting agency shall also be required to comply with provisions of Building &
other Construction Workers (Regulation of Employment & Condition of Services) Act, 1996
and also rules made thereunder - The Gujarat Building & other Construction Workers
(Regulation of Employment & Condition of Service) Rules, 2003.
Clause 35.0 Submission of monthly challans towards proof of deposit of P.F.
dues :
Along with every running bill and with final bill the contractor shall be required to submitt
copy of montly challans as proof of payment of P.F. dues wth the appropriate authority in
respect of all the persons engaged by the contracting agency for the work of the corporation.
In case of non-submission, no payment towards running / final bill will be released. Payment
will be released only after submission of satisfactory proof towards payment in this regard
by the contracting agency.
Clause 36.0 Labour Regulations
36.1 Weekly day of rest : Every worker shall be given a weekly day of rest which shall
be fixed and notified atleast 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.
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.
36.2 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, notices in English and in the local Indian language, spoken by majority of workers
indicating the rate of fair wages, the hours of work for which such wages are payable, and
the weekly rest day workers are entitled to.
36.3 Fixation of Wages Periods : The contractor shall fix wage period in respect of
which wages shall be payable. No wage period shall exceed one month.
36.4 Payment of Wages.
(i) Wages to every worker shall be paid to him direct. All wages be paid in current
coins or currency or in both.
(ii) Wages of every worker employed on the contract shall be paid where the wage
period is one week, within THREE days from the end of the Wage period and in any other
case before the expiry of the 7th day or 10th day from the end of the wages period according
as the number of workers does not exceed 1,000 or exceeds 1,000.
 35

(iii) When employment of any worker is terminated by or on behalf of the contractor,

the wages earned by him shall be paid before expiry of the day succeeding the one on which
his employment is terminated.
(iv) Payment of wages shall be made at the work site on a working day except when
the work is completed before expiry of the wage period. In such case final payment shall be
made at the work site within 48 hours of the last working day and during normal working time.
NOTE : The term “working day” means a day on which the work on which labour is
employed, is in progress.
36.5 Register of Workmen : A register of workmen shall be maintained in the prescribed
form 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.
36.6 Employment Card : The Contractor shall issue an employment card to each
worker on the day of work or entry into his employment. If a worker has already any such card
with him issued by the previous employer, the contractor shall merely endorse that Employment
Card with relevant entries. On the termination of employment the Employment Card shall
again be endorsed by the Contractor and returned to the worker.
36.7 Register of Wages etc. :
(i) A Register of Wages-cum-Muster Roll in the prescribed Form shall be maintained
and kept at the work site or as near to it as possible.
(ii) A wage slip in the prescribed form shall be issued to every worker employed by
the Contractor at least a day prior to disbursement of wages.
36.8 Fines and Deductions which may be made from Wages :
(i) Wages of a worker shall be paid to him without any deduction of any kind except
the following.
(a) Fines;
(b) deduction for absence from duty i.e. from the place or the places where by the
terms of his employment he is required to work. The amount of deduction shall be in proportion
to the period for which he was absent :
(c) Deduction for damage to or loss of goods expressly enstruted 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 defualt;
(d) Deduction for recovery of advance or for adjustment of overpayment of wages.
Advance granted shall be enterd in a register; and
(e) Any other deduction which the Government may from time to time allow.
(ii) No fines shall be imposed on any worker save in respect of such acts and omissions
on his part as have been approved by the Commissioner of Labour.
(iii) 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 opppurtunity of showing cause
against such fines or deductions.
(iv) The total amount of fines which may be imposed in any one wage period on a
 36

worker shall not exceed an amount equal to three paise in a rupee of the wages payable to
him in respect of that wage period.
(v) No fine imposed on a worker shall be recovered from him in installments or after
expiry of sixty days from the date on which it was imposed. Every fine shall be deemed to
have been imposed on the day of the act or omission in respect of which it was imposed.
(vi) The Contractor shall maintain both in English and the local Indian language a list,
approved by the Labour Commissioner, clearly stating the acts and omissions for which
penalty or fine may be imposed on a workman and display it in good condition in a conspicuous
place on the worksite.
36.9 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.
Clause 37.0 Report regarding labour
The Contractor shall submit the following reports to the Executive Engineer.
(i) A daily report in the forms as may be prescribed of the strength of labour both
skilled and unskilled employed by him on the work(s). The Contractor shall increase or
decrease the strength both skilled and unskilled labour. if directed by the Executive Engineer.
The submission of such reports shall not however, relieve the contractor of his responsibilities
and duties, regarding progress or any other obligations under the contract.
(ii) A classified weekly return in the prescribed form of the number of persons employed
on the works during the preceding week.
(iii) A weekly medical report in the prescribed form showing position the health of
laourers at the Contractor’s camp, the number of persons ill or incapacitated and the nature
of their illness.
(iv) A report of any accident, which may have occured, to be sent within 24 hours of the
occurence.
Clause 38.0 Insurance of labourers.
The contractor shall be responsible to arrange for insurance of all labourers skilled
and unskilled workers and supervisors etc. employed by him. He shall produce the copy of
insurance policy to the Executive Engineer at the time of receipt of payment of 1st R.A. bill.
Clause 39.0 Camp regulations
39.1 Huts :
The contractor shall build sufficient number of huts on a suitable plot of land for the
use of the laborers according to the following specifications :
(i) Huts of bamboos and grass may be constructed.
(ii) A good site shall be selected. High ground removed from jungle but well
provided with trees shall be chosen wherever it is available. The neighborhood of tank, jungle,
grass or weeds should particularly be avoided. Camps should not be established close to
large cuttings of earth-work.
 37

(iii) The lines of huts shall have open spaces of at least 10 m. between rows. When
a good natural site cannot be procured, particular attention should be given to the drainage.
(iv) There should be no over-crowding. Floor spaces at the rate of 2.8 Sq.m.
per head shall be provided. Care should be taken to see that the huts are kept clean
and in good order.
(v) The contractor must find out his own land. if he wants Government land, he
should apply for it and pay assessment for it.
39.2 Drinking Water :
The contractor shall as far as possible, provide an adequate supply of chlorinated
pure potable drinking water for the use of labourers. This provision shall be at the rate of not
less than 45 litres per head. No provision need-be made where there is a suitable nalla, river
or well within 0.4 km of the camp. However arrangement should as far as possible, be made
to chlorinate water by chlorinated tablets before it is allowed for drinking purpose.
39.3. The contractor shall construct semi permanent latrines for the use of Labourers
on the following scale, namely;
(a) Where females are employed, there shall be at least one latrine for every 25 females
(b) Where males are employed, there shall be at least one latrine for every 25 males
Provided that where the number of males or female exceed 100, it shall be sufficent if
there is one latrine for every 25 males or females, as the case may be upto the first 100 and
one for every 50 thereafter.
39.4 Privacy in latrines :
Every latrine shall be under cover and so partitioned off as to secure privacy, and shall
have a proper door and fastenings.
39.5 Notice to be displayed outside latrines and urinals :
(i) Where workers of both sexes are employed there shall be displayed outside each
block of latrine and urinal a notice in the language understood by the majority of the workers
"For Men Only" or "For Women Only" : as the case may be.
(ii) The notice shall also bear the figures of a man or of a women, as the case may be.
39.6 There shall be at least one urinal for male/female workers upto 50 employed at
a time. Provided that where the number of male or female workmen, as the case may be,
exceeds 500, it shall be sufficient if there is one urinal for every 50 males or females upto
the first 500 and one for every 100 males or females or part thereof.
39.7 Latrines and Urinals to be accessible :
(i) The latrines and urinals shall be conveniently situated and accessible to workers
at all times at the establishment.
(ii) (a) The latrines and urinals shall be adequately lighted and shall be maintained in
a clean and sanitary condition at all times
(b) Latrines and urinals other than those connected with a flush sewage system shall
comply with the requirements of the Public Health Authorities.
 38

39.8. Water for latrines and urinals :

Water shall be provided by means of pipes or taps or otherwise, and shall also be
conveniently accessible in or near the latrines and urinals.
39.9 The contractor shall construct sufficient number of bathing places; every unit of
20 persons being provided with a separate bathing place.
(ii) Washing places should also be provided for the purposes of washing clothes.
Every unit of 30 persons shall have at least one washing place.
(iii) such bathing and washing places should be suitably screened and separate places
provided for male and female workers.
(iv) Such facilities shall be conveniently accessible and shall be kept in clean and
hygienic condition.
39.10. Drainage :
The contractor shall make sufficient arrangement for draining away the sewerage water
as well as water from the bathing and washing places and shall dispose off this waste water
in such a way as not to cause nuisance. The contractor should obtain a permission from the
Gujarat Water Pollution Control Board, Gandhinagar if Water is so be drained in river or near
the well. The contractor would put malarial oil once in a week in stagnant water round about
the residence.
39.11 Medical facilities :
The contractor shall engage a medical officer with a traveling dispensary for a camp
having 500 or more persons if there is no Government or other private dispensary situated
within 6 k.m. from the camp.
39. 12. Conservancy and cleanliness : The contractor shall provide the necessary
staff for effecting the satisfactory conservancy and cleanliness of the camp to the satisfaction
of the Engineer-in-charge. Atleast one sweeper per 200 persons should be engaged.
Conservancy staff should dump refuge in compost pit, away from the labour camp.
39.13 Health Provisions : The District Health Officer of the District or the Deputy
Director of Health Services shall be consulted before opening a labour camp and his
instructions on matters, such as the water supply, sanitary convenience, the camp-site,
accommodation and food supply shall be followed by the contractor.
39.14 Precautions against epidemic : (i) The authorities in charge of the colonies
should get the labourers inoculated against cholera and plague and vaccinated against
smallpox at the time or recruitment, If they are not inoculated or vaccinated within 6 months
or 3 years respectively prior to the date of recruitment.
(ii) When, in any labour camp there is an epidemic disease or is threatened with such
an outbreak, the authorities in charge of the labour camps should ensure that all the inmates
of the labour colonies are inoculated or vaccinated as the case may be, depending on the
diseases, within 72 hours after the outbreak.
(iii) The authorities in charge of the labour colony should arrange to communicate by
wire regarding the outbreak of the epidemic diseases on the very day of the outbreak, to the
Mamlatdar of the Taluka, the District Health officer or to the Deputy Director of Public Health
 39

in charge of that area and the Director of Public Health. Thereafter they should continue to
send daily reports to the above officers in the prescribed form regarding the progress and
control of the epidemic disease.
(iv) When the authorities in charge of the labour colony suspect or have reason to
believe that any immate of the labour colony is suffering from the infectious or contagious
disease, they shall forthwith arrange for the segregation of such persons to isolated huts to
be specifically provided for the purpose and also for their treatment.
(v) As regional malaria epidemic outbreaks are likely to occur in such project areas,
the authorities in charge of the labour colonies should report promptly the occurrence of
unusual incidence of cases of malaria and also inform the District Health Officers of the
District, Deputy Director of Public Healthy (Malaria) and the Director of Public Health and
also arrange to institute all necessary antimalarial measures as may be advised by the officials
of the Public Health Department.
(iv) The authorities in charge of the colonies should also arrange to carry out any other
measures that may be recommended by the officials of the Public Health Department
necessary to prevent or control the spread of disease.
39. 15. Rest rooms :
(i) In every place where in contract labour is required to halt at night in connection with
the contract works and in which employment of contract labour is likely to continue for three
months or more, the contractor shall provide and maintain rest rooms or other suitable
alternative accommodation within fifteen days of the employment of contract labour.
(ii) If the amenity referred to in sub rule is not provided by the contractor within the
period prescribed, the employer shall provide the same within a period of fifteen days of the
expiry of the period laid down in the sub-rule (i).
(iii) Separate rooms shall be provided for women employees.
(iv) Effective and suitable provision shall be made in every room for securing and
maintaining adequate ventilation for the circulation of fresh air and there shall also be provided
and maintained sufficient and suitable natural or artificial lighting.
(v) The rest room or other suitable alternative accommodation shall be of such
dimensions as to provide at least a floor area or 1.1 sq. mt. for each person making use of
rest rooms.
(vi) The rest room or other suitable alternative accommodation shall be so constructed
as to afford adequate protection against heat, wind, rain and shall have smooth, hard and
impervious surface.
(vii) The rest rooms or other suitable alternative accommodation shall be at a convenient
distance from the establishment and shall have adequate supply of whole some drinking
water.
39.16. Canteen Facilities :
(i) In every establishment of contract work and wherein work regarding the employment
of contract labour is likely to continue for six months and wherein contract labour numbering
one hundred or more are ordinarily employed, the adequate canteen facilities shall be provided
 40

by the contractor for the use of such contract labour within sixty days of the commencement
of the employment of contract labour.
(ii) If the contractor fails to provide the canteen facilities within the time laid down the
same shall be provided by the principal employer within sixty days of the expiry of the time
allowed to the contractor and the Executive Engineer shall be entitled to recover expenses
thereof from contractor's money due or to be due or his Security Deposit.
39.17. Accommodation in canteen :
(i) The canteen shall consist of at least dining hall, kitchen, storeroom, pantry and
washing places separately for workers and for utensils.
(ii) (a) The canteen shall be sufficiently lighted at all times where any person has
access to it.
(b) The floor shall be made of smooth and impervious materials and inside walls shall
be lime-washed or colour-washed at least once in each year, provided that the inside walls
of the kitchen shall be lime-washed every four months.
(iii) (a) The premises of the canteen shall be maintained in clean and sanitary condition.
(b) Waste water shall be carried away in suitable covered drains and shall not be
allowed to accumulate so as cause nuisance.
(c) Suitable arrangements shall be made for the collection and disposal of garbage.
39.18. Accommodation in dining hall :
(i) The dining hall shall accommodate at a time, atleast 30% of the contract labour
working at a time.
(ii) The floor area of the dining hall excluding the area occupied by the service counter
and any furnitures except tables and chairs shall not be less than one square metre per
dinner to be accommodated as prescribed in sub-rule (1).
(iii) (a) A portion of the dining hall and service counter shall be partitioned and reserved
for women workers, in proportion to their numbers.
(b) Washing places for women shall be separate and screened to secure privacy.
(iv) Sufficient table, stools, chairs or benches shall be available for the number of
diners to be accommodated as prescribed in sub rule 1.
39.19 Equipment in canteen :
(i) (a) There shall be provided and maintained sufficient utensils, crockery, cutlery,
furniture and any other equipment necessary for the efficient running of the canteen.
(b) The furniture, utensils and other equipment shall be maintained in a clean and
hygienic condition.
(ii) (a) Suitable clean clothes for the employees serving in the canteen shall also be
provided and maintained.
(b) A service counter, if provided, shall have a top of smooth and impervious materials.
 41

(c) Suitable facilities including an adequate supply of hot water shall be provided for
the cleaning of utensils and equipment.
39.20 Food stuff to be served :
The food stuff and other items to be served in the canteen shall be in confirmity with
the normal food habits of the contract labour.

39.21. Prices to be displayed :

The charges for food stuffs, beverages and any other item served in the canteen shall
be based on “no profit, no loss” and shall be conspicuously displayed in the canteen.

39.22 Canteen to be run on “No profit no loss” basis :

In arriving the prices of food stuffs and other articles served in the canteen, the following
items shall not be taken into consideration as expenditure, namely.

(i) the rent for the land and building.

(ii) the depreciation and maintenance charges for the building and equipment provided
for in the canteen.

(iii) the cost of purchase, repairs and replacement of equipment including furniture,
crockery, cutlery and utensils.

The local officers should check up whether, facilities as offered and which are
admissible under the existing rules and orders are made available to the workers and enforce
upon the contractors the necessity of adhering to the instructions for promotion of welfare of
the workers according to the terms of the contract.

Clause 40.0 Amenities to labours engaged on concrete/asphalt work.

Contractor shall have to arrange for the supply of gumboots. Hand gloves, mask etc.
invariably to the labourers/workers engaged by the contractor on asphalt work.

Clause 41.0 No discrimination of the labour :

The Contractor shall not show any discrimination between Harijan and other class of
labourers/workers employed to carry out the work.

Clause 42.0 Employment of scarcity labour :

If Government declares a state of scarcity or famine to exist in any village situated

within 16 kilometres of the work, the Contractor shall employ upon such parts of the work, as
are suitable for unskilled labour, any person certified to him by the Executive Engineer or by
any persons to whom, the Executive Engineer may have delegated this duty in writing to be
in need of relief and shall be bound to pay to such persons, wages not below the minimum
which Government may have fixed in this behalf. Any disputes which may arise in connection
with the implementation of this clause shall be decided by the Executive Engineer whose
decision shall be final and binding on the contractor.
 42

Fianance, Taxes valuation and Payments

Clause 43.0 Non refund of quarry fees & Royalties :
The contractor shall pay the royalty to the competent authority/ local body as per
rules. The royalty charges paid shall not be refunded to the Contractor.
Clause 44.0 Income Tax, Sales Tax, Turn Over Tax
44.1 Income Tax : Deduction will be made from the bill towards Income Tax plus
surcharge on income Tax at source by the Employer as per prevailing rules of the income tax
authority.
44.2 Sales Tax, Professional Tax and Turn over Tax : The rate quoted by the contractor
shall be deemed to be inclusive of Sales Tax where applicable, on all materials that will have
to be purchased for performance of this contract. The rates shall also be deemed to be
inclusive of Turn-over, VAT, Professional Tax and Service Tax, if any.
44.3 Central or State Sales Tax on completed items of work of this contract will be
borned by the Contractor, if payable under the Act.
44.4. The contractor should produce a copy of the last return (Sales Tax and Income
Tax) filed before the payment of the first R.A. bill. Otherwise the payment to the Contractor
will be withheld. The contractor should also produce Sales Tax Registration No./PAN alloted
by the Income Tax Department with the first R.A. bill.
44.5 Works Contract Tax, Construction Cess at the applicable rate/s & other taxes if
any imposed by state/Central Govt. from time to time will be recoverable.
Clause 45.0 Bills to be submitted monthly
45.1 The contractor on submitting a monthly bill be entitled to receive payment
proportionate to the part of the work done, approved and passed by the Corporation whose
certificate of such approval and passing of the sum so payable shall be final and conclusive
against the contractor. All such intermediate payments shall be regarded as advance
payments for works actually done and completed and shall not preclude the Corporation
from requiring bad, unsound, imperfact or unskilled work to be removed and taken away and
reconstructed, or re-erected, nor shall any such payment be considered as an admission of
the due performance of the contract or any part thereof in any respect or the occuring of the
claims, nor shall it conclude, determine, or affect in any way the power of the Corporation
as to final adjustment of the accounts or otherwise or in any other way vary or affect the
contract.
45.2 The rates for items of works shall be valid only when the items concerned is
accepted as having been completed fully in accordance with the sanctioned specifications.
In cases where the items of work are accepted as not so completed, the Executive Engineer
may make payment on account of such items at such part reduced rates as he may consider
reasonable in preparation of final or on account bill.
45.3 A bill shall be submitted by the contractor each month on or before the date fixed
by the Engineer-in-charge for all works executed in the previous month and Executive
Engineer shall take or cause to be taken the requisite measurement for the purpose of having
the same verified and the claim, so far as it is admissible, shall be adjusted, if possible,
within ten days from the presentation of the bill. If the contractor does not submit the bill
 43

within the time fixed as aforesaid, the Executive Engineer may depute a subordinate to
measure up the said work in the presence of the contractor or his duly authorised agent
whose countersignature to the measurement list shall be sufficient warrant and the Executive
Engineer may prepare a bill from such list which shall be binding on the contractor in all
respects.

45.4 The contractor shall submit all the bills on the printed forms to be had on
application at the office of the Executive Engineer. The charges to be made in the bills shall
always be entered at the rates specified in the agreement or at the partly reduced rates
subject to the approval by the Executive Engineer in the case of Items not completed/executed
as per agreements or in the case of any extra work ordered in pursuance of these conditions
and not mentioned or provided for in the tender, at the rate here in after provided for such
work.
45.5 Method of Payment
The contractor has to submit the following documents at the time of submitting first
R.A. bill, failling which the payment of First R.A. Bill will be withheld :
1. Copy of Labour Licence.
2. Copy of Provident Fund Registration.
3. In case where labour licence is not required, letter to this effect duly confirmed
& signed by Executive Engineer.
4. Letter stating status of firm whether individual, firm, Partnership firm or
company, alongwith the copy of PAN issued by the Income tax authority.
5. Sales Tax Registration copy.
Payment to the Contractor shall be made by cheque drawn on any bank authorised by
the Corporation. However, as stated in clause no. 35 alongwith other required documents
copy of challans towards payment of P.F. dues (monthly basis)shall invariably be submitted
along with all R.A. and final bill.
45.6 Advance payment for work done but not measured shall not be made.
45.7 Amounts due to recovery on account of other facilities as also for other services,
water supply and electricity charges and for other expenditure, if any, incurred by the Executive
Engineer on Contractor’s behalf on labours and materials which may become due from the
Contractor as per this Contract as well as under any other laws prevailing which may
become due, will be recovered from the payments to the contractor as and when done.
Clause 46.0 Secured Advance to Contractor
46.1 When secured advance is required, the Contractor shall have to sign indenture
appended as Annexure-7 under which the Employer secures a lien on the materials and is
safeguarded against losses due to the Contractor postponing the execution of work or due
to the shortage or misuse of the materials and against the expenses entitled for their proper
watch and safe custody.
46.2 Advance on security of materials brought to the site will not exceed 50% of the
value (as assessed by the Executive Engineer) of such material provided that they are of
 44

imperishable nature and outstanding advance do not exceed ten percent of the contract
value. In case of cement, secured Advance shall be given only on the quantity likely to be
used in sixty days.

46.3 Recovery of secured advances will not be postponed until the whole of the work
entrusted is completed. Secured advance will be recovered as soon as the materials are
used in work or within 3 months from the date of payment of bill in which secured advance
was given whichever is earlier.

46.4 Secured advance is permissible on materials which are all actually brought on
site and are required by the contractor for use on items of works for which rates for finished
work have been agreed upon.
46.5 Secured advance will be given only on materials for which the full value is paid by
the Contractor to the seller. The contractor shall produce the evidence of payment made to
the seller.
Clause 47.0 Certificate for Completion of work and final payment.
As soon as the work is completed, the contractor shall give a notice of such completion
to the Executive Engineer and on receipt of such notice, the Executive Engineer shall inspect
the work and if he is satisfied that the work is completed in all respects then :-
(i) The final measurements shall be recorded within 75 days from the from the date of
physical completion of the work and the final bill shall be prepared within 75 days from the
date of recording final measurements.
(ii) The final bill alongwith Record Plan shall be submittted by the Contractor within
one month of the completion of work. Otherwise the Engineer-in-charge's certificate of the
measurements and of the total amount payabele for the work shall be final and binding on all
parties.
(iii) The completion certificate shall be issued within two months from the date of final
measurements subject to the contractor fulfilling his obligations as provided in the Contract
and subject to the work being completed in all respects. When separate periods of completion
have been specified for items or groups of items, the Executive Engineer shall issue
separate completion certificate for such items or groups of items.
(iv) Completion certificate shall be siged & dated by the Executive Engineer.
(v) No certificate of completion shall be issued nor shall the work be considered
to be completed till the contractor shall have removed from the premises, on which the
work has been executed, all scaffoldings, sheds and surplus materials, except such, as
are required for rectification of defects; rubbish and all huts and sanitary arrangements
required for his workmen on the site in connection with the execution of the work, as
shall have been erected by the contractor for the workmen and cleared all dirt from all
parts of building(s) in, upon or around which the work has been executed or of which he
may have possession for the purpose of the execution thereof and cleared floors, gutters
and drains, caged doors and mashes, oiled locks and fastenings labelled keys clearly
and handed them over to the Engineer-in-charge or his representative and made the
 45

whole premises fit for immediate occupation or use to the satisfaction of the Engineer-
in-charge. If the contractor shall fail to comply with any of the requirements of these
conditions as aforesaid, on or before the date of completion of the works, the Executive
Engineer may, at the expense of the contractor, fulfill such requirements and dispose of
the scaffolding, or surplus materials and rubbish etc. as he thinks fit and the contractor
shall have no claim in respect of any such scaffolding or surplus materials except for
any sum actually released by the sale thereof less the Cost of fulfilling the requirements
and any other amount that may be due from the contractor. If the expenses of fulfilling
such requirements is more than the amount realised by such disposal as aforesaid the
contractor shall forthwith, on demand, pay such excess. The Executive Engineer shall
also have the rights to adjust the amount of excess against any amounts that may be
payable to the contractor, or from Security Deposit.
Clause 48.0 Price Escalation and Price Variation (STAR RATE)
Price escalation and / or price variation (star rate) shall be payable on following
terms and conditions only.
48.1 Price Escalation :-
(i) Price escalation will be payable in case of projects having estimated cost
put to tender more than Rs.125.00 lacs AND having stipulated time limit
of more than 12 months.
(ii) No adjustment shall be done for the work done in first twelve months of the
time limit. Adjustment payable or recoverable will be calculated for the
remaining work done during the subsequent period after twelve months.
(iii) The sum of total price adjustment for (A) labour, (B) materials other than
cement and steel and (C) P.O.L. will be limited to 5% of estimated cost of
work put to tender or actual work done, whichever is lower, less the cost of
the materials supplied from the Corporation to the Contractor as Specified
in 'Schedule-A' and cement, steel valued at input rates mentioned as under
on which the sanctioned estimate is based.
Quantity Input Rate
Cement _________ bags Rs. ____________ / bag
Mild Steel __________ Kg. Rs. ____________ / Kg.
TMT / HYSD bars ________ Kg. Rs. ____________ / Kg.
(iv) The quarter referred to in the above formula shall mean the quarter of the
calender year January to March, April to June, July to September and
October to December. Even if the tenders are opened in the middle of a
quarter, the average index for the calender quarter will be considered. The
 46

same principle will be applied for identifying the quarter when the work is
completed in the middle of the calender quarter.
(v) The value of the extra item will be excluded for the working out the value of
'R' in the below formula in all these cases.
(vi) Intermediate payment of escalation to be made under these clause on each
occassion shall be limited in a such manner that the total up-to-date payment
of escalation will not exceed the proportionate percentage of ceiling of
escalation as related to the proportionate value of the contract cost.
(vii) Price adjustement shall be applicable only for the works that is carried out
within the stipulated time or extensions thereof which are not attributable
to the fault of contractor. No claims for price adjustment other than those
provided herein shall be entertained.
Price escalation : for: (A) Labour (B) Materials and (C) P.O.L. The amounts payable
to the contractor for the work done shall be adjusted for increase or decrease in the rate
of labour / materials excepting those materials supplied by the Corporation as per
'Schedule-A' and P.O.L. as under.

(A) Labour :- Increase or decrease in the cost due to labour shall be calculated quarterly
in accordance with the following formula.
 pl i  io 
VL = 0.75 x  xRx 
 100 io 
VL = Increase or decrease in the cost of work during the quarter under
consideration due to change in rate for labour.
R= The value of work done in rupees during the quarter under consideration,
after excluding the value of extra item and after deducting the cost of :
(i) Materials supplied by the Corporation to the contractor as specified in
Schedule-A and
(ii) Value of cement and steel brought by the contractor, valued at star
rate plus the increase/decrease for which price escalation is done under
clause 48.2 (i.e. price variation (star rate)).
io = The average consumer price index for industrial workers for the quarter
in which tenders were opened (as published in* .............)
i= The average consumer price index for industrial workers for the quarter
under consideration.
pl = Percentage of labour component - 51% of the item
* This refer to average consumer price index (wholesale) for industrial workers
as applicable to Ahmedabad as published by Govt. of India, Ministry of Labour
Bureau.

(B) Materials other than Cement and Steel: The increase or decrease in the cost
of material other than cement and steel shall be calculated quarterly in accordance
with the following formula.
 47

 pm i  io 
VM = 0.75 x  xRx 
 100 io 
VM = Increase or decrease in the cost of work during the quarter under
consideration due to change in rate for material.
R= The value of work done in rupees during the quarter under consideration,
after excluding the value of extra item and after deducting the cost of
(i) Materials supplied by the Corporation to the contractor as specified in
Schedule-A and.
(ii) Value of cement and steel brought by the contractor, valued at star
rate plus the increase/decrease for which price escalation is done under
clause 48.2 (i.e. price variation (star rate)).
io = The average wholesale price index (all commodities) for the quarter in
which tenders were opened (as published in @)
i= The average wholesale price index (all commodities) for the quarter
under consideration.
pm = Percentage of material component 44% of the item
@ = for material wholesale price index as published by the Reserve Bank of
India should be refer to.

(C) P.O.L. (Petrol / Diesel, Oil & Lubricant) : The increase or decrease in the cost of Petrol /
Diesel, Oil & Lubricants shall be calculated quarterly in accordance with the following
formula.
 pd D  Do 
V P.O.L. = 0.75 x  xRx 
 100 Do 
V P.O.L. = Increase or decrease in the cost of work during the quarter under
consideration due to change in rate of Petrol/Diesel, Oil & Lubricant
(POL).
R= The value of work done in rupees during the quarter under consideration,
after excluding the value of extra item and after deducting the cost of
(i) Materials supplied by the Corporation to the contractor as specified in
Schedule-A and.
(ii) Value of cement and steel brought by the contractor, valued at star
rate plus the increase/decrease for which price escalation is done under
clause 48.2 (i.e. price variation (star rate))
Do = The average price of high speed diesel (HSD) fixed by I.O.C. for the
district in which the work is to be carried out for the quarter in which the
tender were opened.
D= The average price of high speed diesel (HSD) fixed by I.O.C. for the
district in which the work is to be carried out for the quarter under
consideration.
pd = Percentage of P.O.L. component 5% of the item

48.2 Price Variation (Star Rate) :

The amount payable to the contractor for the work done involving use of cement
and steel (when these materials are not supplied by the corporation) shall be adjusted
for increase or decrease in the rate of these materials and brought by the contractor as
under:
 48

(A) For Steel :

C 
 1 1 xD
A=B x C 
 O 
A= Difference of amount payable or recoverable.
B= Star rate of steel, i.e. basic rate of steel considered in estimates.
input rate :as per ANNEXURE-Y.
C1 = The (quarterly) average corresponding index for the quarter under consideration
(as published in monthly bulletin of Reserve Bank of India).
CO = Price index of steel for the month in which DTPs are approved. (as published in
monthly bulletin of Reserve Bank of India).
D= Quantity of Steel actually brought by the contractor on site of work and consumed
in the work during the quarter duly supported with bill as recorded in M.B.
(Measurement Book).

(B) For Cement :

A= (C1-C0) x D1
A= Difference of amount payable or recoverable.
C1 = Quarterly rate to be fixed by Gujarat State Civil Supplies Corporation from time
to time.
C0 = Basic rate of Cement given in the tender.
D1 = Quantity of Cement actually brought by the contractor on site of work from
Civil Supply Corporation and Consumed in the work during the quarter duly
supported with bill as recorded in Cement Consumption Register.

Star Rate

A = B x C1 – 1 xD2
C0

A= Difference of amount payable or recoverable.

B= Star (basic) rate of Cement.
C1 = The (quarterly) average corresponding index of for the quarter under
consideration (as published in monthly bulletin or Reserve Bank of India).
C0 = Price index of Cement for the month in which DTPs are approved (as published
in monthly bulletin or Reserve Bank of India)
D2 = Quantity of Cement actually brought from open market by the contractor on site
of work and consumed in the work during the quarter duly supported with bill as
recorded in Cement Consumption Register.
Note : D = D1 + D2
D= Total quantity of Cement actually consumed in the work.


 49


 50
Price variation (star rate) as per above shall be applicable only for the works
that is carried out within the stipulated time or extensions thereof which are not
attributable to the contractor. No claims for price adjustment other than those provided
herein shall be entertained.
Clause 49.0 Recoveries of Claims and Set-off Clause
Any sum of money due and payable to the Contractor (including the Security
Deposit returnable to the contractor ) for executing any work of the Corporation shall be
appropriated and shall be set off against any claim of the Corporation for the payment
of a sum of money arising out or under any other contract made by the contractor with
the Corporation. When no such amount for purpose of the recovery from the contractor
against any claim of Corporation is available, such a recovery shall be made from the
contractor as arrears of land revenue without prejudice to other legal remedies.

Clause 50.0 Time limit for unforseen claims

The Contractor shall not be entitled to any compensation from the Employer on any
account unless where allowed by the conditioin of this contract. In such cases, the Contractor
shall have to submit a claim in writing to the Executive Engineer within one month of the
cause of such claim occuring.
Clause 51.0 Schedule of Quantities and Extra Items
51.1 The Engineer-in-charge shall have power to make any alterations in or addition
to the original specifications, drawings, designs and instructions that may appear to him to
be necessary or advisable during the progress of the work and the contractor shall be bound
to carry out the work in accordance with any instructions in this connection which may be
given to him in writing signed by the Executive Engineer and such alternation shall not
invalidate the contract and any additional work which the contractor may be directed to do in
the manner above specified as part of the work shall be carried out by the contractor on the
same conditions in all respects on which he agreed to do the main work and at the same
rates as are specified in the tender for the main work.

51.2 The quantities shown in the tender are approximate and no claim shall be
entertained for quantities of work executed being, less than those entered in the tender.
However, in the case of increase in the quantities by more than 30%, the contractor will be
paid for the quantity in excess of 30% at the rate entered in Schedule of Rates of Roads and
Building Department or the Schedule of Rates of Gujarat Water Supply and Sewage Board
of the year during which the excess first occurred.
51.3 If the additional or altered work includes any class of work for which no rate is
specified in this contract, then such class of work shall be carried out.

(i) At the rate derived from the item within the contract which is comparable to the one
involving additional or altered class of work; where there are more than one comparable
items, the item of the contract which is nearest in comparision with regard to class or classes
of the work involved shall be selected and the decision of the Superintending Engineer as to
the nearest comparable item shall be final and binding on the contractor.

(ii) If the rate cannot be derived in accordance with (i) above, such class of works
shall be carried out at the rate entered in the Schedule of Rates of Roads and Building
 51
Department or of Gujarat Water Supply and Sewage Board Division for the year in which
the tender was received, increased or decreased by the percentage by which the tender
amount is more or less as compared to the amount arrived at the rates in the “Schedule of
Rates” of Roads and Building Department or of said GWSSB and in the year in which the
tender was received. If the said schedule of the Rates does not contain all the items the
percentage increase of the tender shall be calculated considering such items which are
included in the said “Schedule of Rates”.

(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class of work
shall be carried out at the rate decided by the Chief Engineer on the basis of detailed rate
analysis after hearing the contractor before the Managing Director of the Corporation.

51.4 If the additional or altered work, for which no rate is entered in the said
“Schedule of Rates” of Roads and Building Department or Gujarat Water Supply and Sewage
Board Division is ordered to be carried out before the rate is agreed upon, then the contractor
shall within seven days of the date of receipt by him of the order to carry out the work,
inform the Engineer-in-charge of the rate, which it is his intention to charge for such class
of work and if the Engineer in charge does not agree to this rates, he shall by notice in
writing be at liberty to cancel his order to carry out such class of work and arrange to carry
it out in such manner as he may consider it advisable, provided always that if the contractor
shall commence work or incur any expenditure in regard thereof before the rates shall have
been determined as lastly herein mentioned, then in such cases he shall only be entitled to
be paid in respect of the work carried out or expenditure incurred by him prior to the date
of the determination of the rate as aforesaid according to such rate or rates as shall be
fixed by the Executive Engineer. In the event of the dispute, the decision of the Managing
Director of the Corporation shall be final.

The time limit for the completion of the work shall be extended in the proportion that
the increase in the cost occasioned by alternations bears to the cost of the original contract.
The decision of the Engineer-in-charge as to such proportion shall be final and conclusive.

Clause 52.0 No claim for any payment of compensation or for restriction of

work :-

If at any time after the execution of the contract the Corporation for any reason
whatsoever, does not require the whole or part of the works, to be carried out, the Executive
Engineer shall give notice in writing to that effect to the Contractor. The Contractor shall not
have claim to any compensation whatsoever, on account of any profit or advantage which he
might have deriverd from the excution of such works.

Thereupon, the Contractor shall be paid at contract rates for works executed and a
reasonable amount as certified by the Executive Engineer for the items hereunder mentioned
which could not be fully utilized on the work because of the foreclosure.

(a) Preliminary site wotk such as temporary access roads, temporary labours huts,
staff quarrters and the site offices storage accommodation and water storage tanks.

(b) Contractor's materials either brought to site or for which the Contractor is legally
bound to accept delivery from the suppliers, provided however, that the quantities of such
materials are not in excess of reasonable requirements of works. If the Contractor Wishes
to take away some of the materials, the Executive Engineer may permit him to do so.
 52
(c) No compensation will be given to contractor for delay in R.A./Final bill Payment
from corporation & no time limite extension will be granted on this ground.

The contractor shall, if required, by Executive Engineer, furnish him books of account
and other relevant documents, as may be necessary to enable him to certify the reasonable
amount payable under this condition.

Clause 53.0 Extension of time :

(i) If the contractor shall desire an extension of the time for completion of the work
on the ground of his having been unavoidably hindered in its execution or any other ground
he shall apply in writing to the Executive Engineer before the expiration of the period stipulated
in the tender or before the expiration of 30 days from the date on which he was hindered
whichever is earlier and the Executive Engineer may, have to submit the time limit extension
proposal with his opinion, believe that there are reasonable grounds for granting an extension,
then the competent Authority of the corporation grant such extension, as think necessary or
proper. The decision of the Competent Authority of the Corporation in this matter shall be
final.

(ii) Extension of Time limit will be given maximum for three times for valid reasons.
Even after expiry of third extension, agency fails to complete the work for any reason in
extended time limit, further extension will be given, and penalty equal to 3% (three percentage)
of contract value shall be recovered from the contractor. This penalty shall be over and above
liquidated damages referred to in Clause No. 56.

Clause 54.0 Force Majeure

Neither party shall be liable to the other for any loss or damage occasioned by or
arising out of act of God, such as Unprecedented flood, Volcanic eruption, earthquake or
other convulsion of nature and other acts such as but not restricted to general strike, invasion,
the acts of foreign countries, hostilities, or war like operations before or after declaration of
war, rebellion, military or Unsurped power which prevent performance of the contract and
which could not have been foreseen or avoided by a prudent person.

Note : “Unprecedented flood” means the flood crossing the High Flood Level
during preceding ten years.

Clause 55.0 Action when the progress of any particular portion of the work
is unsatisfactory.
If the progress of any particular portion of the work under Contract is unsatisfactory,
the Executive Engineer shall, notwithstanding that the general progress of the work is
satisfactory, in accordance with Clause 56 be entitled to take necessary action under Clause
57, after giving the Contractor ten day’s notice in writing and the contractor shall have no
claim whatsoever for any compensation for any loss caused to him due to such action.

Clause No. 56.0 Liquidated damages for delay.

(i) If the Contractor fails to complete the work under contract by the stipulated date, he
shall pay liquidated damages of @ 0.1 percent of the contract value per day of delay
from date of delaying the said work, upto the date of completion.
 53

(ii) However, also if the contractor fails to complete any part of the work as designated in
Schedule (A), Section - 4 by the time indicated against such part, or percentage he
shall pay Liquidated damages per day from the date of delaying the said part of the
work upto the date of completion of the said designated part at the rates shown in the
said schedule for such failure till the said designated part is completed. Amount of the
secured advance given to the contractor shall not be considered in the percentage of
work done as shown in Schedule-A, Section - 4.

(iii) The aggregate maximum of liquidated damages payable under this clause shall not
exceed Rs. 0.1 percent of contract value per day and shall be subject to the maximum
amount of ten percent of the actual cost of completed work under this contract.

- In case of works which are either completed within the original time limit or for which
original time limit is subsequently extended, the levy / refund of liquidated damages
shall be regulated as under :

(a) If the work is completed within original time limit stipulated in the tender OR within the
extended time limit (for reasons of delay attributable to the Corporation or for reasons
beyond the control of both the parties to the contract), there will not be levy of any
liquidated damages for delay. If liquidated damages for delay are levied and deducted
from RA bill/s considering delay in completion of one or more designated part of
schedule - A of section - 4, the same will be refunded.

(b) If there is delay in completion of work OR one or more designated part of works, and If
reasons of delay attributable to the contractor, liquidated damages originally calculated
and deducted from various Running Account Bills, if any shall be finally recalculated
and regularized against actual value of work done for completion of this contract.

(c) If the time limit is extended for reasons of delay attributable to the Corporation and if the
contractor fails to complete the work / designated part of schedule of completion of work
within the extended time limit, the liquidated damages shall be levied and regulated
based on recalculated, revised schedule of work and shall be on actual value of work
done for completion of this contract.

- In the orders for extension of time limit, it will be clarified whether time limit is extended
for reasons of delay attributable to the contractor or otherwise.

Delay in performance requiring payment of liquidated damages aggregating to ten

percentage of the contract value shall be sufficient cause for termination of contract
and for forfeiture of security deposit in case of works where time limit is more than twelve
months.

However, in case of works, where time limit is upto twelve months, if no progress is
achieved by the contractor in first designated part of schedule of completion of work (i.e.
first 25% of total time limit) it shall be considered as sufficient cause for termination of
contract and forfeiture of available Security Deposit, irrespective of the fact that payment
of liquidated damages may not have aggregated till such period upto ten percentage of
the contract value.
 54

Clause 57 Action in case of breach of the contract by the Contractor.

If the Contractor ne-glects or fails to proceed with the work with due diligence or if he
violates any of the provision of the Contract, the Executive Engineer shall give the Contractor
a notice, identify-ing deficiencies in performance and demanding corrective action. Such
notice shall clearly state that it is given under the provi-sion of this clause. After service of
such notice, the contractor shall not remove any plant, equipment and material from the site.
The Corporation. shall have a lien on all such plant, equipment and material from the date of
such notice till the said deficiencies have been corrected as mentioned in the said notice.

If the contractor fails to take satisfactory corrective action within ten days after receipt
of such notice, the Executive Engineer on behalf of Corporation shall terminate the contract in
whole. In case, the entire contract is terminated, the amount of available security deposit,
guarantee bond and liquidated damages, if any, together with the value of work done but not
paid for, shall stand forfeited to the Corporation. The plants, equipment and materials, held
under this clause shall then be at the disposal of the Corporation to recover the amount
equivalent to balance liquidated damages and contractor shall be debarred from tendering
future works of the Corporation for three years from the date as fixed in all such cases.
Corporation may recommend to concerned authority of the Government to keep the registration
of the contractor in abeyance.

The Executive Engineer if necessary shall direct that a part or the whole of such plant,
equipment and material be removed from the site within a stipulated period. If the Contractor
fails to do so, the Engineer-in-Charge shall cause them or any part of them to be sold holding
the net proceeds of such sale to the credit of the Contractor. After settlement of accounts, the
lien by the Corporation of the contractor’s remaining plant equipment and balances of materials
shall be released.

Clause 58.0 Works to be under directions of the Superintending Engineer.

All works to be executed under the contract shall be executed under the direction
and subject to the approval in all respects of the Corporation, who shall be entitled to direct
at what point and in what manner they are to be commenced and from time to time carried
on. The decision of the superintending Engineer on the following issues shall be final and
binding to both the parties.
(1) Suitability of materials to be used.
(2) Acceptability of Workmanship.
(3) Quality of items of work.
(4) Suitability of the Contracor’s Engineer Representative.
(5) Mode of Measurement.
(6) Interpretation of specifications and drawings.
Clause 59.0 Disputes to be referred to Arbitration Tribunal
The dispute relating to this contract, to any matter, whether such disputes, arise
 55

during the progress of the work or after the completion or abandonment thereof,
shall be referred to the statutory "Gujarat Public Works Disputes Arbitration Tribunal",
Ahmedabad.
(a) The reference to arbitration proceedings under this Clause shall not :-
(i) affect the right of the Engineer-in-charge under clause 57.0 to take possession of
all or any tools, plants, materials and stores in or upon the works or site thereof or belonging
to the Contractor or procured by him and intended to be used for the execution of the work
or any part thereof.
(ii) Preclude the Engineer-in-charge from utilising the materials purchased by the
Contractor in any work or from removing such materials to other place, during the period,
the work is stopped or suspended in pursunce of notice given to the contractor under
Clause 52.0.
(iii) entitle the Contractor to stop the progress of the work or the carrying out the
additional or altered work in accordance with the provisions of Cluase 51 or Clause 16 as
the case may be.
 56

SECTION – 4

Schedule A for completion of Designated Part or Percentage of work

(See Claue No. 56)

Section – 3

Time Schedule, for completion of different designated parts of the work and rate of liquidated
damages to be paid by the Contractor, if he fails to complete the part of work within stipulated
time limit is as detailed below :

Time Schedule of Completion

Percentage of time Percentage of work Rate of liquidated damages
of the total time limit to be completed per day.
as per clause 56.0

1 2 3

25% 10% of contract value 0.1%

50% 40% of contract value 0.1%

75% 75% of contract value 0.1%

100% 100% of actual cost 0.1%

of completed work

Signature of the Contractor Signature of the Authorised

Officer of the Corporation
 57

Schedule B showing ltems and Rates of Works to be carried out :

Items Description of item Quantity Unit Total amount
No. Tendered rates in According to
estimated quantities
words figures Rupees
(column 3 x 5)
1 2 3 4 5 6 7

Y
L
E
T
A
R
A
P
E
S
D
E
H
C
A
T
T
A

I/We am/are willing to carry out the work at .............................. % below / ..............................%
above (should be written in figures and words ) of the rates mentioned above. Amount of my/our tender works out as
under.
* Estimated amount * Estimated amount
Put to tender Rs. .................. Put to tender Rs. ..................
Deduct........... percentage below Rs. .................. Add ....... percentage above Rs. ..................
Net Rs. ................... Net Rs. .................
In words .......................................................... In words ..........................................................

Note 1 - All work shall be carried out as per Public Works Department Handbook and other specifications
of Corporation or as directed.
Note 2 - All the columns in the Schedule should be filled in with ink or ball pen and the total of the entries
in the last column should be returned by the contractor under his signature.
Note 3 - Rates quoted include clearance of site (prior commencement of work and at its close) in all
respects and hold good for work under all conditions, site, moisture, weather etc.
Note 4 - To be continued on additional sheets, if found necessary.

Signature of the contractor : Signature of the Authorised Officer of the

Corporation.
 58
Format of "No defect and satisfactory maintenance certificate"

(1)
No Defect and Satisfactory Maintenance Certificate
To,
The Managing Director,
Gujarat State Police Housing Corporation Limited
Gandhinagar.

This is to certify that the work of __________________________ at _________

district _____________ is carried out & completed satisfactorily by M/s. _______
_______________________________. No defects are noticed.

Date :
Place : Signature of the Concerned Police / Jail Officers
with seal
 59

SECTION - 5 DRAFT AGREEMENT

This Agreement made on the .............. day of ......................... 200 ................. between
the Gujarat State Housing Police corporation Limited (hereinafter called the Corporation of
the one part and ............................................................................................................ (hereinafter
called “the Contractor”) of the other part.

The Corporation has accepted a tender sumitted by the Contractor for

constructing(name of work) ............................................................................
......................................................................................................................................................

NOW THIS AGREEMENT WITNESSTH as follows :

1. In this Agreement words and expression shall have the same meanings as are
respectively assigned to them in the Terms and Conditions of contract hereinafter referred
to.

2. The following documents shall be deemed to form and be read and construed as
part of this Agreement viz.

a) Tender document (Percentage rate form No. B-1)

b) The specifications and drawings.

c) The Schedules and Annexures.

d) Tenderer’s proposal as accepted by the Corporation.

e) Letter of Negotiations dated ................. and or all addenda or modifications to the

above and

f) Letter of Acceptance of Tender.

g) Notice Inviting Tender.

3. In consideration of the payments to be made by the Corporation to the Contractor

as hereinafter mentioned, the Contractor hereby covenants with the Corporation to complete
construction in confirmity in all respects with the provisions of the contract.

4. The Corporation hereby covenants to pay the Contractor Rs. ........................................

(in figures) Rs.................................................................................................................................
.......................................................................................................................................................
(in words) or such other sum as may be arrived at under the relavant provision of the contract
relating to payment by final measurement at accepted tender rates in consideration of the
Construction and completion of the work at the times and the manner prescribed by the
contract.
 60

In witness thereof the parties have hereinto set their respective hands and seals on
the day and year first above written.

Signed and sealed and Delivered by :

................................................................................................................

(For Contractor)
In the capacity of ..............................................................................................................................
on behalf of ..................................................................................................................................

in the presence of .........................................................................................................................

Signed and sealed and Delivered by :

................................................................................................................................
........................................................................................................................................

(for Corporation)
in the capacity of

................................................................................................................................
on behalf of Gujarat State Police Housing Corporation
In the percence of

Superintending Engineer Chief Engineer Managing Director

G.S.P.H.C. LTD G.S.P.H.C. LTD G.S.P.H.C. LTD
Gandhinagar. Gandhinagar. Gandhinagar.

Seal of the Gujarat

State Police Housing
Corporation Ltd.
 61

SECTION - 6
ANNEXURE-1
Necessary details may be filled in here or can be submitted in physical form separately

LIST OF WORKS COMPLETED BY THE TENDERER

Sr. Name of work Place and Contract Cost on Original Time Reason for
No. Name of the amount completion time taken in delay in
Employer limit in months completion &
months to Remarks
complete
the work
1 2 2a 3 4 5a 5b 6

Date :

Signature of the Tenderer ......................'

Note : Necessary certificates from the Employer under whom the works were completed shall have to be
submitted in a scan copies in CD or in a physical form as certified true copy.
 62
Necessary details may be filled in here or can be submitted in physical form separately
ANNEXURE-2
DECLARATION REGARDING WORKS ON HAND WITH THE TENDERER
Sr. Name of Place Contract Date of Stipulated Amount of Brief Remarks
No. work amount Issue of period of work done details of (Name of
work order completion on date of delay If Employer)
in months filling any
1 2(a) 2(b) 3 4 5 6 7 8

Date : Signature of Tenderer ...................................

Note 1 : Amount of work done in column 6 should be given up to the month previous to the month in which tenders
are invited.
Note 2 : Necessary certificates from the Employer under whom the works were completed shall have to be
submitted in a scan copies in CD or in a physical form as certified true copy.
 63

ANNEXURE - 3
Plants and Equipments Available for use on this work
Details of Tenderer’s Plants and Equipments immediately available with the tenderer for
use on this work.
(Following information for each type of equipment shall be furnished)

1. Name of Equipment :

2. Number of Units :

3. Kind or make :

4. Country :

5. Capacity :

6. Year of manufacture and date of purchase :

7. Normal life specified by the manufacturer :

8. Number of actual working hours

years/kilometers put in by the machine :

9. Present Location :

10. Remarks :

Date : Signature of Tenderer

 64
Necessary details may be filled in here or can be submitted in physical form separately

ANNEURE - 4
Plants and Equipments to be procured
Details of Plants and Equipment to be procured for the work if awarded
(Following information for each type of equipment should be furnished)

1. Name of Description of Plant and Equipment :

2. Number of Units :

3. Kind or make :

4. Name of Manufacturer and Country :

5. Capacity :

6. Approximate cost in rupees at work site :

7. Remarks :

Date : Signature of Tenderer

 65
Necessary details may be filled in here or can be submitted in physical form separately

ANNEXURE - 5
Details of key Technical Supervisory and Administrative Personel (By type & level)
Particulars Key Technical Supervisory and Administrattive
Personal and Consultants.
Already in employment Proposed to be
by the tenderer Employed for the work
1 2 3

1. Individual’s Name

2. Qualificiation

3. Assigned position.

4. Professional Experience and details of works carried out

5. Years with the firm

 66
Necessary details may be filled in here or can be submitted in physical form separately

ANNEXURE - 6
Indenture for Secured Advances
(For use in case in which the contract is for finished work and the contractor has
entered into an aggrement for the execution of a certain specified quantity of work in a given
time).
THIS INDENTURE made the __________ day of ____________200 ___________
BETWEEBN (hereinafter called the contractor which expression, shall where the contex so
admits or implies be deemed to included his executors, administrators and assigns) of the
one part and the Gujarat State Police Housing Corporation Limited (hereinafter called the
Corporation which expression shall where the contex so admits or implies be deemed to
include his successors in office and assingees) of the other part.
WHEREAS by an agreement number ______________________ and dated
___________________________- (hereinafter called the said agreement) the contractor
has agreed to perform the contract and WHEREAS the contractor has applied to the
Corporation that he may be allowed advance on the security of materials absolutely belonging
to him and brought by him to the site of the works subject to the said agreement for use in the
construction of such of the works as he has undertaken to execute at therates fixed for the
finished work (inclusive of the cost of materials, labour and other charges) and whereas the
Co rp or at io n ha s ag re ed t o ad va nce to t he con tr acto r th e su m of Rup ee s
___________________________ on the security of materials, the quantities and other
particulars of which are detailed in part II of a Running Account Bill (B) for said works signed
by the Contractor on __________________ and the Corporation has reserved to itself the
option of making any further advance or advances on the security of other materials brought
by the contractor for the said works.
NOW THIS INDENTURE WITNESSTH that in persuance of the said agreement and in
consideration of tthe sum of Rupees ____________ on or before the execution of these
presents paid to the Contractor by the Corporation (the receipt where of the Contractor both
acknowledge) and of such further advances (if any) as may be made to him as aforesaid the
Contractor do hereby covenent and agree with the Corporation and declare as follows :
(1) That the said sum of Rupees ____________________________ so advanced
by the Corporation to the Contractor as aforesaid and all or any further sum or sums advanced
as aforesaid shall be employed by the Contractor in or towards expediting the execution of
the said work and for no other purpose whatsoever.
(2) That the materials detailed in the said Running Account Bill (B) which have been
offered to and accepted by the Corporation as security are absolutely the Contractor’s own
property and free from encumbrances of any kind and the contractor will not make any
application for or receive a further advance on the security of materials which are not absolutely
his own property and free from encumbrances of any kind and the contractor indemnifies the
Corporation against all claims to any materials in respect of which an advance has been
made to him as aforesaid.
 67

(3) That the materials detailed in the said Running Account Bill (B) and all other
materials on the security of which any further advance or advances may hereafter be made
as aforesaid (hereinafter called the said materials) shall be used by the Contractor solely in
the execution of the said work in accordance with the direction of the Project Manager
(hereinafter called the Engineer-in-charge _________________ and in the terms of the
agreement.
(4) That the Contractor shall make at his own cost all necessary adequats arrangements
for the proper watch, safe custody and protection against all risks of the said materials and
that until used in construction as aforesaid the said materials shall remain at the site of the
said works in the Contractor’s custody and on his own responsibility and shall at all times be
open to inspection by the Engineer-in-charge or any office authorised by him. In the event of
the said materials or any part thereof being stolen, destroyed or damaged or deteriorated in
a greater degree than is due to reasonable use and wear thereof, the Contractor will fortwith
replace the same with other materials of like quality and make good the same as required by
the Engineer-in-charge.
(5) That the said materials shall not on any account be removed from the site of the
said works except with the written permission of the Engineer-in-charge or his subordinate
authorised by him on that behalf.
(6) That the advance shall be repayable in full within three months from the month of
payment of such advance.
(7) That if the Contractor shall at any time make any default in the performance or
observance in respect of any terms and provisions of the said agreement or of these
presents, the total amount of the advance or advances that may still be owing to the
Corporation shall immediately on the happening of such default be repayable by the Contractor
to the Corporation together with interest thereon at twenty percent per annum from the
date of respective payment of such advance to the date repayment and with all costs
charges, damages and expenses incurred by the Corporation in or for the recovery thereof
of the enforcement for this security or otherwise by reason of the default of the Contractor.
THe contractor hereby covenents and agrees with the Corporation to repay and pay the
same respectively to him accordingly.
(8) That the Contractor hereby charge all the said materials with the repayment to
Corporation of the said sum of Rupees ________ and any further sum or sums advanced as
aforesaid all and costs, charges damages and expenses payable under these presents
PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding anything in
the said agreement and without prejudice to the powers contained therein if and wherever
the convenant of or payment and repayment hereinbefore contained shall become enforceable
and the money owing shall not be paid in accordance wherewith, the Corporation may at any
time thereafter adopt all or any of following courses it may deem the best :
(a) Sieze and utilise the said materials or any part thereof in the completion of the
said works on behalf of the Contractor with the actual cost of effecting such completion and
the amount due in respect of advances under these presents and crediting the Contractor
with the value of work done as if he had carrried it out in accordance with the said agreement
and at the rates thereby provided. If the balance is against the Contractor he will pay the
same to the Corporation on demand.
 68

(b) Remove and sell by public auction the siezed materials or any part thereof and
out of the moneys realising and pay over the surplus (if any) to the contractor.
(c) Deduct all or any part of the moneys owing out of the security deposit bank
Guarantee for this Secured Advance or any sum due to the Contractor under the said
agreement.
(9) That except in the event of such default on the part of the Contractor as aforesaid
interest on the said advance shall not be payable.
(10) That in the event of any conflict between the provisions of these presents and the
said agreement, the provisions of these presents shall prevail and in the event of any dispute
or difference arising over the construction or effect of these presents the settlement of which
has not been herein before expressly provided for, the same shall be referred to the
Superintending Engineer of the Corporation whose decision shall be final.
In witness whereof the said __________________ and __________________ by
the order and under the direction of the Corporation have hereinto set their respective hands
and seal the day and year first above written.
Signed, Sealed and delivered by ___________________ the said contractor in the
presence of

In the presence of Signature of the Contractor / Agency

:Witness Name : Name :
Address : Address :

Signed by
under seal of
Gujarat State Police Housing Corporation Limited.

In the presence :

Signature :
Witness Name :
Address :
 69
Necessary details may be filled in here or can be submitted in physical form separately
ANNEXURE - 7
INFORMATION OF PARTNERS
Sr. Name (s) of Full address of the Telephone Residential Telephone Full address
No. person/partner/ place of business No.(s) address(es) No.(s) of Income
Director of company (with pin code) (office) (Resi.) Tax office
and ward where
Mobile. Income Tax
No. return is filed.
alongwith PAN
1 2 3 4 5 6 7

I/We heredy agree to intimate to you about change, if any in the above address (es)
and telephone No. (s) within fifteen days of its occurance till my/our security deposit, for
contract paid by me/us is not returned to me/us.

Place :

Date : Signature of Tenderer