GENERAL OBLIGATIONS

2. Execution, correlation & intent of contract documents 10
   • Law governing the Contract 10
   • Compliance to regulations and bye-laws 10
3. Communications to be in writing 10
4. Service of notice on Contractor 11
5. Occupation and use of Land 11
6. Assignment of subletting of contract 11
7. Stores arranged by the Corporation 11
8. Journeys 12
9. Carriage of Materials 12
10. Representation on works 12
11. Relics 12
12. Excavated Material 13
13. Indemnity 13

    15.1 & 2   Security Money  13

• Forfeiture of Security Deposit 14

     Clause                                                                                                                Page

• Interest on Amounts 14
• Time Limitation                                                                                               14
• Delays and Extension of Time 15
• Extension of Time on Corporation’s account 15
• Time to be the essence of the Contract 15

17. Illegal Gratification 16

EXECUTION  OF WORKS

• Contractor’s understanding 16
• Commencement of works 17
• Compliance to Engineer’s Instruction 17
• Alterations to be authorized 17
• Extra works 17
• Separate Contracts in connection with works 18

20. Instructions of Engineer’s representative 18

• Adherance to Specifications and Drawings 18
• Drawings and Specifications of works 19
• Ownership of Drawings and Specifications 19
• Compliance with contractor’s request for details 19
• Meaning and intent of specification and drawing 19

22. Work during night 19
23. Damage to corporation’s property or private life and property 19
24. Sheds, storehouses and yards 20
25. Provision of efficient and competent staff 20
    • Workmanship and Testing 21

Clause  Page

• Removal of improper work and materials 21

27. Facilities for inspection 22
28. Examination of work before covering up 22
29. Temporary works 22
30. Contractor to supply water for works 23
31. Property in materials and plant 23
    • Tools, Plant and Materials supplied by the Corporation 23
    • Hire of Corporation’s plant 23
    • Precaution during progress to works 24
    • Roads and Water courses 24
    • Provision of access to premises 24
    • Safety of public 24
32. Use of Explosives 25
33. Suspension of work 25
34. Rates of items of works 25
35. Rates of extra items of work 26
    • Handing over of work 27
    • Clearance of site on completion 27

Clause  Page

CLAIMS

• Monthly statement of claims 30
• Signing of “No-claim” Certificate 30

MEASUREMENTS, CERTIFICATES AND PAYMENTS

42. Quantities in schedule annexed to contract 30
43. Measurement of work 30
    • On-account payments 31
    • Rounding off of amounts 32
    • “On-account” payments not prejudical to final settlement 32
    • Manner of payment 32
44. Maintenance of works 32

• Certificate of completion of works 33
• Contractor not absolved by completion certificate 33

47. Approval only by maintenance certificate 33

• Maintenance Certificate 34
• Cessation of Corporation’s liability 34
• Unfulfilled obligations 34

49.1     Final payment                                                                                                 34

50. Corporation’s lien on all moneys due 35
51. Signature of receipts for amounts 36

LABOUR

52.1     Wages of Labour                                                                                            37

Clause                                                                                                    Page

53.1     Provisions of payment of wages act                                                   37

54.1     Provisions of contract labour (Regulation & Abolition) Act 1970            38

55.1     Provisions of the Employees’ provident fund Act, 1952                        39

56. Reporting of accidents to labour 39
57. Provisions of Workmen’s Compensation Act 39
58. Corporation not to provide quarters for Contractors 40
    • Labour Camps 40
    • Compliance to rules for employment of labour 40
    • Preservation of peace 40
    • Sanitary arrangements 41
    • Outbreak of infectious disease 41
    • Medical facilities at site 41
    • Use of Intoxicants 41
      • Non-employment of labour below the age of 14 42
      • Medical certificate of fitness for labour 42
      • Period of validity of medical fitness certificate 42
      • Medical re-examination of labourer 42
    • Right of Corporation to determine contract 43
    • Payment on determination of contract 43
    • Determination of contract owing to default of contractor 43
    • Right of Corporation after rescission of contract owing to

default of contractor                                                                            45

KONKAN  RAILWAY  CORPORATION

GENERAL  CONDITIONS  OF CONTRACT

DEFINITIONS  AND  INTERPRETATION

DEFINITIONS

• In these General Conditions of Contract the following terms shall have the meanings hereby assigned to them except where the context otherwise requires :-

• “Corporation” shall mean the Konkan Railway Corporation Ltd., New Delhi, acting through its Chairman & Managing Director or any of the officers of the Corporation authorised to invite tenders and enter into contracts for works on his behalf.

• “Chief Enhineer” shall mean the Officer in Charge of the Engineering Department of the Corporation in each Division or District or in the Corporate Office and shall include the Chief Electrical Engineer and Chief Signal & Telecommunication Engineer.

• “Engineer/Engineer-in-Charge” shall mean the Executive Engineer or Divisional/District Engineer in executive charge of the works and shall also include the superior Officers of the Engineering Departments of the Corporation, i.e. the Deputy Chief Engineer/Chief Engineer/Deputy Chief Electrical Engineer/Chief Electrical Engineer/Dy. Chief Signal & Telecommunication Engineer/Chief Signal & Telecommunication Engineer.

• “Engineer’s Representative” shall mean the Assistant Engineer in direct charge of the works and shall include any Inspector of the Civil Engineering, Electrical or Signal & Telecommunication Department of the Corporation.

• “Contractor” shall mean the person, firm or company who enters into contract with the Corporation and shall include their executors, administrators, successors and permitted assigns.

• “Contract” shall mean and include the Agreement or Work Order, the accepted Schedule of Rates, the general conditions of contract, the special conditions of contract if any, the drawings, the specifications, the special specifications if any, and tender forms if any.

• “Work” shall mean the work to be executed in accordance with the contract.

• “Specifications” shall mean the specifications for materials and works of the Central or Southern Railway as the case may be, issued under the authority of the Chief Engineers of the respective Railways, or as amplified, added to or superseded  by special specification if any.

• “Drawing” shall mean the maps, drawings, plans and tracings or prints thereof annexed to the contract and shall include any modifications of such drawings and any further drawings as may be issued by the Engineer from time to time.

• “Constructional Plant” shall mean all appliance or things or whatsoever nature required for the execution, completion or maintenance of the work or temporary work (as hereinafter defined) but does not include materials or other things intended to form or forming part of the permanent work.

• “Temporary Works” shall mean all temporary works of every kind required for the execution, completion or maintenance of works.

• “Site” shall mean the land and other places on, under, in or through which the works are carried out and any other lands or places provided by the Corporation for the purposes of the contract.

• “Period of maintenance” shall mean the specified period of maintenance from the date of completion of the works as certified by the Engineer.

SINGULAR  AND PLURAL

• Words importing the singular number shall also include the plural and vice versa where the context requires.

HEADINGS  AND  MARGINAL HEADINGS

• The headings and marginal headings in these general conditions are solely for the purpose of facilitating reference and shall not be deemed to be part thereof or taken into consideration in the interpretation or construction thereof or of the contract.

GENERAL OBLIGATIONS

EXECUTION, CORRELATION AND INTENT OF CONTRACT DOCUMENTS

2. The contract documents shall be signed in triplicate by the Corporation and the Contractor. The contract documents are complementary, and what is called for by by any one shall be as binding as if called for by all. The intention of the documents is to include all labour and materials, equipment and transportation necessary for the proper execution of the works. Materials class of the specifications shall not be supplied by the Corporation to the Contractors unless distinctly specified in the contract documents. Materials or works described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognised standards.

LAW GOVERNING THE CONTRACT

• The contract shall be governed by the law for the time being in force in the Republic of India.

COMPLIANCE TO REGULATIONS AND BYE – LAWS

• The Contractor shall conform to the provision of any statute relating to the works and regulations and by-laws of any local authority and of any water and lighting companies or undertakings with whose system the work is proposed to be connected and shall, before making any variation from the drawings or the specifications that may be necessitated by so conforming, give to the Engineer notice specifying the variation proposed to be made and the reason for making the variation and shall not carry out such variation until he has received specific instructions from the Engineer in respect thereof. The Contractor shall be bound to give all notices required by statue, regulations or bye-laws as aforesaid and to pay all fees and taxes payable to any authority in respect thereof.

COMMUNICATIONS TO BE IN WRITING

4. All notices, communications, references and complaints made by the Corporation or its Engineer or the Contractor intese concerning the works shall be in writing, and no notice, communication, reference or complaint not in writing shall be

SERVICE OF NOTICE ON CONTRACTOR

5. The Contractor shall furnish to the Engineer the name, designation and address of his authorised Agent / Agents and all complaints, notices, communications and references shall be deemed to have been duly given to the Contractor if delivered to the Contractor or his authorised Agent / Agents or left at or posted to the address so given, and shall be deemed to have been so given in the case of posting on the day on which have reached such address in the ordinary course of post or on the day on which they were so delivered or left. In the case of contract by partners, any change in the constitution of the firm shall be forthwith notified by the Contractor to the

OCCUPATION AND USE OF LAND

6. No land belonging to or in the possession of the Corporation shall be occupied by the Contractor without the permission of the Corporation. The Contractor shall not use, or allow to be used, the site for any purpose other than that of executing the works.

ASSIGNMENT OR SUBLETTING OF CONTRACT

7. The Contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein in any manner whatsoever without the special permission of the Corporation. Any breach of this condition shall entitle the Corporation to rescind the contract as per clause 61.1 of these conditions and also render the Contractor liable for payment to the Corporation in respect of any loss or damage arising or ensuing from such cancellation. Provided always that execution of the details of the works by petty contract under the direct and personal supervision of the Contractor or  his agent shall not be deemed to be subletting under this clause. The permitted subletting of work by the Contractor shall not establish any contractual relationship between the sub-contractor and the Corporation and shall not relieve the Contractor of any responsibility under the

STORES ARRANGED BY CORPORATION

8. Owing to the difficulty in obtaining certain materials (including tools and plant) in the open market, the Corporation may have agreed without any liability therefore, to endeavour to obtain or assist the Contractor in obtaining the required quantities of such materials as may be specified in the In the event of delay or failure in obtaining the required quantities of the aforesaid materials,  the  Contractor  shall  not be deemed obsolved of his own responsibility and his own responsibility and shall keep in touch with the day-to-day position regarding their availability and accordingly adjust the progress of the works including the employment of labour and the Corporation shall not in any way be liable for the supply of materials or for the non-supply thereof for any reasons whatsoever not for any loss or damage arising in consequence of such delay or non- supply.

JOURNEYS

9. No expenditure for the conveyance of Contractor’s labour or his agents shall be granted by the Corporation and the Contractor should make his own arrangements at his cost. The rate quoted by the Contractor shall be inclusive of all such

CARRIAGE  OF MATERIALS

10. No payment shall be made by the Corporation for the conveyance of Contractor’s materials, tools and plant by rail or road which may be required for use in the works and the Contractor shall bear the entire cost himself for such conveyance and the rate quoted by him shall be deemed to include all such costs and

REPRESENTATION ON WORKS

11. The Contractor shall, when he is not personally present on the site of the works, place and keep a responsible agent at the works during working hours who shall on receiving reasonable notice, present himself to the Engineer or his representative, and orders given by the Engineer or his representative to the agent shall be deemed to have the same force as if they had been given to the Contractor. Before absenting himself, the contractor shall furnish the name and address of his agent for the purpose of this clause and failure on the part of the Contractor to comply with this provision at any time will entitle the Corporation to rescind the contract under Clause 1 of these conditions.

RELICS

12. All gold, silver, oil, other minerals of any description and all precious stones, coins, treasure, relics, antiquities and other similar things which shall be found in or upon the site shall become the property of the Corporation and the Contractor shall duly preserve the same to the satisfaction of the Corporation and shall from time to time deliver the same to such person or persons as the Corporation may appoint to receive the same.

EXCAVATED  MATERIAL

13. The Contractor shall not sell or otherwise dispose of or remove except for the purpose of this contract, the sand, stone, clay, ballast, earth, rock or other substances or materials which may be obtained from any excavation made for the purpose of the works or any building or produce upon the site at the time of delivery of the possession thereof but all such substances, materials buildings and produces shall be the property of the Corporation provided that the Contractor may, with the permission of the Engineer, use the same for the purpose of the work either free of cost or pay the cost of the same at such rates as may be determined by the Engineer.

INDEMNITY

14. The contractor shall indemnify and save harmless the Corporation from and against all actions, suits, proceedings, losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against the Corporation by reason of any act or omission of the Contractor, his agents or employees, in the execution of the works or in the guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of the Corporation without reference to the actual loss or damage sustained, and whether or not any damage shall have been sustained.

SECURITY MONEY

• The earnest money deposited by the Contractor with his tender will be retained by the Corporation as part of security for the due and faithful fulfillment of the contract by the Contractor. The balance, if any, to make up this Security Deposit which will be calculated as under may, unless otherwise specified in the special conditions, be deposited by the Contractor in cash in Indian currency or in the form of Government Securities, or may be recovered by percentage deductions from the Contractor’s “On Account”

(i)

For contracts upto Rupees one lakh in value

10 percent of the value of the contract.

(ii)

For contracts costing more than Rupees one lakh and upto Rupees two lakhs in value.

10 percent of the first Rupees one lakh and 7.1/2 percent of the balance value.

(iii)       For contract costing more than              10 percent of the first Rupees one lakh,

Rupees two lakhs in value.                     7.1/2% of next Rupees one lakh and 5

percent of the balance subject to maximum of Rs.2 lakhs.

          Provided also that in case of a defaulting Contractor the Corporation may retain any amount due for payment to the Contractor on the pending “On Account bills” so that the amount  or amounts so retained may not exceed the amount required to make up the Security Deposit.

• Security deposit will be refunded after the expiry of the maintenance period as stipulated in the contract.

FORFEITURE  OF SECURITY DEPOSIT 

• Whenever any claim against the Contractor for the payment of a sum of money arises out of or under the contract the Corporation shall be entitled to recover such sum by appropriating part or whole of the security deposit of the Contractor and to sell any Government Securities etc., forming whole or part of such security. In the event of the security being insufficient, or if so no security has been taken from the Contractor, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the Contractor. The Contractor shall pay to the Corporation on demand any balance remaining

INTEREST  ON AMOUNTS

• No interest will be payable upon the earnest money or the security deposit or amounts payable to the Contractor under the contract, but Government Securities deposited in terms of sub-clause 15.1 above will be repayable with interest accrued thereon as paid by the Government.

TIME  LIMITATION

• Subject to any requirement in the contract as to completion of any portion or portions of the works before completion of the whole, the contractor shall fully and finally Complete the whole of the works comprised in the contract (with such modifications as may be directed under Clause 39 of these conditions) by the date entered in the contract provided that if any modifications have been ordered which in the opinion of the  Engineer have materially increased the magnitude of the work then such extension of  the contracted date of completion may be granted as shall appear to the Engineer to be reasonable in the circumstances, provided moreover that the Contractor shall be responsible for requesting such extension of the date as he may consider necessary as soon the cause thereof shall arise and in any case not less than one month before the expiry of the original date fixed for completion of the works.

DELAYS  AND EXTENSION OF TIME

• If in the opinion of the Engineer, the progress of work has at any time been delayed by any act or neglect of the Corporation’s employees or by any other Contractor employed by the Corporation under clause 19.4 of these conditions or by strikes, lockouts, fire, unusual delay in transportation, exceptionally inclement weather, unavoidable casualties or any causes beyond the Contractor’s control and arising otherwise than through the Contractor’s own default, or by delay authorised by the Engineer pending arbitration, or by any cause which the Engineer shall decide as justifying the delay then the time of completion of the works may be extended for such reasonable time as the Engineer on behalf of the Corporation may decide.

EXTENSION OF TIME ON CORPORATION’S ACCOUNT

• In the event of any failure or delay by the Corporation to hand over to the Contractor possession of the lands necessary for the execution of the Works or to give the necessary, notice to commence the works or to provide the necessary drawings or instructions or any other delay caused by the Corporation due to any other cause whatsoever, then such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the Contractor to damages or compensation thereof but in any such case, the Corporation may grant such extension or extensions of the completion date as may be considered reasonable, without increase in

TIME TO BE OF THE ESSENCE OF THE CONTRACT

• The time for completion of the works by the date or extended date fixed for completion shall be deemed to be of the essence of the contract and if the Contractor shall fail to complete the works within the time prescribed, the Corporation shall, if satisfied that the works can be completed by the Contractor within a reasonably short time thereafter be entitled, without prejudice to any other right or remedy available on

that behalf to recover by way of ascertained and liquidated damages a sum equivalent to one percent of the contract value of the works for each week or part of the week the Contractor is in default and allow the Contractor such further extension of time as the Engineer may decide. If the Corporation is not satisfied that the works can be completed by the Contractor or in the event of failure on the part of the Contractor to complete the works within the further extension of time allowed as aforesaid the Corporation shall be entitled, without prejudice to any to any other right or remedy available in that behalf, to appropriate the Contractor’s security deposit and rescind the contract under clause 61.1 of these conditions whether or not actual damage is caused by such default.

ILLEGAL GRATIFICATION

17. Any bribe, commission, gift or advantage given, promised  or  offered  by  Contractor or on behalf of the Contractor or his partner, agent or servant or any one on his or on their behalf to any officer, or employee of the Corporation or to any person on his or their behalf in relation to the obtaining or the execution of this or any other contract with the Corporation shall, in addition to any criminal liability which he may incur, subject the Contractor to the rescission of the contract and all other contracts with the Corporation and to the payment of any loss or damage resulting from such rescission, and the Corporation shall be entitled to deduct the amounts so payable  from  any moneys due to the Contractor under the contract or any other contract with the Corporation. The Contractor shall not lend or borrow from or have or enter into any monetary dealings or transactions either directly or indirectly with any employees of the Corporation and if he shall do so the Corporation shall be entitled forthwith to rescind the contract and all other contracts with the Corporation. Any question or dispute as to the commission of any offence or compensation payable to the Corporation under this  clause shall be settled by the Chairman and Managing Director of the Corporation in such manner as he shall consider fit and sufficient and his decision shall be final and conclusive.

EXECUTION  OF WORKS

CONTRACTOR’S UNDERSTANDING

• It is understood and agreed that the Contractor has by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the execution of the works, the general and local conditions, the labour conditions prevailing therein and all other matters which can in any way affect the works under the contract.

COMMENCEMENT  OF WORKS

• The Contractor shall commence the work within 10 days after the receipt by him of an order in writing to this effect from the Engineer and shall proceed with the same with due expedition and without delay.

COMPLIANCE TO ENGINEER’S INSTRUCTIONS

19.1   The Engineer shall direct the order in which the several parts of the works shall   be executed and the Contractor shall execute without delay all orders given by the Engineer from time to time but the Contractor shall not be relieved thereby from responsibility for the performance of the works in all respects.

ALTERATIONS TO BE AUTHORISED

• No alterations in or additions or omission or abandonment of any part of the works shall be deemed authorised except under instructions from the Engineer and the Contractor shall be required to obtain such instructions in each and every
• The Engineer shall have power (i) to make alterations in, deletions from, additions to, or substitutions for the original specifications, drawings, designs and instructions that may appear to him to be necessary or admissible during the progress of the work and (ii) to omit a part of the work in case of nonavailability of a portion of the Site, or for, any other reasons, and the Contractor shall be bound to carry out the Works in accordance with any instructions given to him in writing signed by the Engineer and such alterations, omissions, additions or substitutions shall form part of the Contract as if originally provided therein and any altered, additional or substituted work which the Contractor may be directed to do in the manner above specified as part of the works, shall be carried out by the Contractor or the same conditions in all respects including rates on which he agreed to do the main work.

EXTRA WORKS

• Should works over the above those included in the contract required to be executed at the site, the Contractor shall have not right to be entrusted with the execution of such works which may be carried out by another Contractor or Contractors or by other means at the option of the Corporation.

SEPARATE CONTRACTS IN CONNECTION WITH WORKS

• The Corporation shall have the right to let out other contracts in connection with the works. The Contractor shall afford other Contractors reasonable opportunity for the storage of their materials and the execution of their work and shall properly connect and co-ordinate his work with theirs. If any part of the Contractor’s work depends for proper execution or results upon the work of another Contractor, the Contractor shall inspect and promptly report to the Engineer defects in such work that render it unsuitable for such proper execution and results. The Contractor’s failure to inspect and report shall constitute and acceptance of the other Contractor’s work as fit and proper for reception of his work, except as to defects which may develop in the other Contractor’s work after the execution of his work.

INSTRUCTIONS OF ENGINEER’S REPRESENTATIVE

20. Any instructions or approval given by the Engineer’s representative to the Contractor in connection with the works shall bind the Contractor as though it has been given by the Engineer provided always as follows :

• Failure of the Engineer’s representative to disapprove any work materials shall not prejudice the power of the Engineer thereafter to disapprove such work or materials and to order the removal or breaking up thereof.         
• If the Contractor shall be dissatisfied by reason of any decision of the Engineer’s representative he shall be entitled to refer the matter to the Engineer who shall thereupon confirm or vary such decision.

ADHERENCE TO SPECIFICATIONS  AND DRAWINGS

• The whole of the works shall be executed in perfect conformity with the specifications and drawings of the contract. If the Contractor performs any work in a manner contrary to the specification or drawings or any of them and without such reference to the Engineer he shall bear all the costs arising or ensuing therefrom, and shall be responsible for all loss to the Corporation.

DRAWINGS AND SPECIFICATIONS OF WORKS

• The Contractor shall keep one copy of drawings and specifications at the site, in good order, and such other contract documents as may be necessary, available to the Engineer and his representative.

OWNERSHIP  OF DRAWINGS AND SPECIFICATIONS

• All drawings and specifications and copies thereof furnished by the Corporation to the Contractor are deemed to be the property of the Corporation. They shall not be used on other works and with the exception of the signed contract set, shall be returned by the Contractor to the Corporation on completion of the works or termination of the Contract.

COMPLIANCE WITH CONTRACTOR’S REQUEST FOR DETAILS

• The Engineer shall furnish with reasonable promptness, after receipt by him of the Contractor’s request for the same, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the works or any part thereof. All such drawings and instructions shall be consistent with the contract documents and reasonably inferable therefrom.

MEANING AND INTENT OF SPECIFICATION AND DRAWING

• If any ambiguity arises as to the meaning and intent of any portion of the specifications and drawings or as to execution or quality of any work or material or as to the measurements of the works, the decision of the Engineer thereon shall be final subject to appeal (within 7 days of such decision being intimated to the Contractor) to the Chief Engineer who shall have the power to correct any errors, omissions or discrepancies in the specifications, drawings, classification of work or materials and whose decision in the matter in dispute or doubt shall be final and  conclusive.

WORK DURING NIGHT

22. The Contractor shall not carry out any work between sunset and sunrise without the previous permission of the

DAMAGE TO CORPORATION’S PROPERTY OR PRIVATE LIFE AND PROPERTY

23. The Contractor shall be responsible for all risks to the works for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of the Corporation or the lives, persons or property of others from whatsoever cause in connection with the works until  they are  taken over by the Corporation and this although all reasonable and proper precautions may have been taken by the Contractor, and in case the Corporation shall be called upon to make good any such costs, loss or damages, or to pay compensation, (including that payable under the provisions of the Workmen’s Compensation Act or any statutory amendments thereof) to any person or persons sustaining damage as aforesaid by reason of any act, or any negligence or omission on the part of the Contractor the amount of any costs or charges (including costs and charges in connection with legal proceedings), which the Corporation may incur in reference thereto shall be charged to the Contractor. The Corporation shall have the power and right to pay or to defend or compromise any claim or threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Contractor to take such steps as may be considered necessary or desirable toward off or mitigate the effect of such proceedings, charging to the Contractor, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and  the property of any such payment, defence or compromise, and the incurring of any such expenses shall not be called in question by the Contractor.

SHEDS, STORE-HOUSES AND YARDS

24. The Contractor shall at his own expense provide himself with sheds, store- houses and yards in such situations and in such numbers as in the opinion of the Engineer is requisite for carrying on the works and the Contractor shall keep at each of such sheds, store-houses and yards a sufficient quantity of materials and plant in stock as not to delay the carrying out of the works with due expedition and the Engineer and his Representative shall have free access to the said sheds, store-houses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand, and any materials or plant which the Engineer may object to shall not be brought upon or used in the works but shall be forthwith removed from the sheds, store-houses and yards by the Corporation. The Contractor shall at his own expense provide and maintain suitable mortar mills, soaking vats, or any other equipment necessary for the execution of the works.

PROVISION OF EFFICIENT  AND COMPETENT STAFF

25. The Contractor shall place and keep on the works at all times efficient and competent staff to give the necessary direction to his workmen and to see that they execute their work in sound and proper manner and shall employ only such supervisors workmen, and labourers in or about the execution of any of the works as are careful and skilled in their various trades and callings. The Contractor shall at once remove from the works any agent, permitted sub-Contractor, Supervisor, workman or labourer who shall be objected to by the Engineer and, if and whenever required by the Engineer, he shall submit a correct return showing the names of all staff and workmen employed by him. In the event of the Engineer being of the opinion that the Contractor is not employing on  the works a sufficient number of staff and workmen as is necessary for the proper completion of the works within the time prescribed the Contractor shall forthwith on receiving intimation to this effect take on the additional number of staff and labour specified by the Engineer within seven days of being so required and failure on the part of the Contractor to comply with such instructions will entitle the Corporation to rescind the contract under clause 61.1 of these conditions.

WORKMANSHIP AND TESTING

• The whole of the works and / or supply of materials specified and provided in the Contractor or that may be necessary to be done in order to form and complete any part thereof shall be executed in the best and most substantial workman-like manner with materials of the best and most approved quality of their respective kinds, agreeably to the particulars contained in or implied by the specifications and as referred to in and represented by the drawings or in such other additional particulars, instructions and drawings as may be found requisite to be given during the carrying on of the works and to the entire satisfaction of the Engineer according to the instructions and directions which the Contractor may from time to time receive from the The materials may be subjected to tests by means of such machines, instruments and appliances as the Engineer may direct and wholly at the expense of the Contractor.

REMOVAL OF IMPROPER WORK ANDMATERIALS

• The Engineer or his representative shall be entitled to order from time to time:-

• the removal from the site within the time specified in the order of any materials which in his opinion are not in accordance with the specifications or drawings;

• the substitution of proper and suitable materials;

• the removal and proper re-execution (notwithstanding any previous tests thereof or “on account” payment therefore) of any work which in respect of materials or workmanship is not in his opinion in accordance with the specifications and in case of default on the part of the Contractor in carrying out such order, the Corporation shall be entitled to rescind the contract under clause 61.1 of these conditions.

FACILITIES  FOR INSPECTION

27. The Contractor shall afford the Engineer and his representative every facility for entering in and upon every portion of the work at all hours for the purpose of inspection or otherwise and shall provide all labour, materials, planks, ladders, pumps, appliances and things of every kind required for the purpose and the Engineer and his representative shall at all times have free access to every part of the works and to all places at which materials for the works are stored or are being prepared.

EXAMINATION OF WORK BEFORE COVERING UP

28. The Contractor shall give 7 days’ notice to the Engineer or his representative whenever any work or materials are intended to be covered up in the earth, in bodies or walls or otherwise to be placed beyond the reach of measurement in order that the work may be inspected or that current dimensions may be taken before being so covered or placed beyond the reach of measurement, in default whereof the same shall at the option of the Engineer or his representative be uncovered and measured at the Contractor’s expense, or no allowance shall be made for such work or materials.

TEMPORARY WORKS

29. All temporary works necessary for the proper execution of the works shall be provided and maintained by the Contractor at his own cost and subject to the consent of the Engineer shall be removed by him at his expense when they are no longer required and in such manner as the Engineer shall direct. In the event of failure on the part of the Contractor to remove the temporary works, the Engineer will cause them to be removed and the cost of such removal as increased by supervision and other incidental charges shall be recovered from the Contractor. If temporary hurts are provided by the Contractor on the land provided by Corporation for labour engaged by him for the execution of the works, the Contractor shall arrange for handing over vacant possession of the said land after the work is completed; if the Contractor’s labour refuse to vacate, and have to be ejected by the Corporation, necessary expenses incurred by the Corporation in connection therewith shall be borne by the Contractor.

CONTRACTOR TO SUPPLY WATER FOR WORKS

30. Unless otherwise provided in the contract, the Contractor shall be responsible for the arrangement to obtain the supply of water necessary for the works.

PROPERTY IN MATERIALS AND PLANT

31. The materials and plant brought by the Contractor upon the site or on the land occupied by the Contractor in connection with the works and intended to be used for the execution thereof shall immediately, after they are brought upon the site or the said land, be deemed to be the property of the Corporation. Such of them as during the progress of the works are rejected by the Engineer under clause 24 of these conditions or are declared by him not to be needed for the execution of the works or such as on the grant of the certificate of completion remain unused shall immediately on such rejected declaration or grant cease to be deemed the property of the Corporation and the Contractor may then (but not before) remove them from the site or the said land. This clause shall not in anyway diminish the liability of the Contractor, nor shall the Corporation be in any way answerable for any loss or damage which may happen to or in respect of any such materials or plant either by the same being lost, stolen, injured, or destroyed by fire, tempest or thereto.

TOOLS, PLANT AND MATERIALS SUPPLIED BY THE CORPORATION

• The Contractor shall take all reasonable care of all tools, plant and materials or other property, whether of a like description or not, belonging to the Corporation and committed to his charge for the purpose of the works and shall be responsible for all the damages or losses caused by him, his agents, or his workmen or others while they are in his charge. The Contractor shall sign accountable receipts for tools, plant and materials made over to him by the Engineer and completion of the works shall hand over the unused balance of the same to the Engineer in good order and repair, fair wear and tear excepted, and shall be responsible for any failure to account for the same or any damage done

HIRE  OF  CORPORATION’S   PLANT

• The Corporation may hire to the Contractor such plant as concrete-mixers, compressors, and portable engines for use during execution of the works if available on such terms as may be specified in the special conditions or in a separate agreement for Hire of Plant.

PRECAUTION DURING PROGRESS TO WORKS

• During the execution of works, the Contractor shall at his own cost provide the materials for and execute all shorting, timbering and strutting works as is necessary for the stability and safety of all structures, excavation and works and shall ensure that no damage, injury or loss is caused or likely to be caused to any person or property.

ROADS & WATER COURSES

• Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the Contractor, except with the permission of the All compensation claimed for any unauthorised closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Contractor or his agent or his staff shall be recoverable from the Contractor by deduction from any sums which may become due to him in terms of the contract, or otherwise according to the law.

PROVISION OF ACCESS TO PREMISES

• During progress of work in any street or thoroughfare, the Contractor shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare, and for any drainage, water supply or means of lighting which may be interrupted by reason of the execution of the works and shall erect and maintain at his own cost barriers, lights and other safeguard as prescribed by the Engineer for regulation of the traffic, and provide watchmen necessary to prevent accidents. The works shall in such cases be progressed night and day if so ordered by the Engineer and with such vigour so that the traffic may be impeded for as short a time as possible.

SAFETY  OF PUBLIC

• The Contractor shall be responsible to take all precautions to ensure the safety of the public whether on public or Corporation’s property and shall post such look-out men as may in the opinion of the Engineer be required to comply with the regulations appertaining to the work.

USE  OF EXPLOSIVES

34. Explosives shall not be used on the works or on the site by the Contractor without the permission of the Engineer and then only in the manner and to the extent to which such permission is given. When explosives are required for the works, they shall be stored in a special magazine to be provided by and at the cost of the Contractor in accordance with the Explosives Rules and Regulations. The Contractor shall obtain the necessary licence for the storage of and the use of explosives and all operations in which or for which explosives are employed shall be at the sole risk and responsibility of the Contractor and the Contractor shall indemnify the Corporation in respect thereof.

SUSPENSION OF WORK

35. The Contractor shall on the order of the Engineer suspend the progress of the works or any part thereof for such time or times and in such manner as Engineer may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the If such suspension is :

• Provided for in the contract, or

• Necessary for the proper execution of the works or by reason of whether conditions or by some default on the part of the Contractor, or

• Necessary for the safety of the works or any part thereof,

The Contractor shall not be entitled to the extra costs (if any) incurred by him during the period of suspension of the works, but in the event of any suspension ordered by the Engineer for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of time for completion of works as the Engineer may consider proper having regard to the periods of such suspension and to such compensations as the Engineer may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the period of such suspensions.

RATES FOR ITEMS OF WORKS

36. The rates entered in the accepted Schedule of Rates of the contract are intended to provide for works duly and properly completed in accordance with the general and special (if any) conditions of contract and the specifications and drawings together with such enlargements, extensions, diminutions, reductions, alterations or additions as may

be ordered as per these conditions and without prejudice to the generality thereof and shall be deemed to include and cover :

• supervision and labour;

• supply, including full freight of materials, of stores patterns, profiles, moulds, fittings, centerings, scaffoldings, shoring props, timber, machinery, derricks, tackle, ropes, pegs, posts, tools and all apparatus and plant required on the works, except such tools, plant or materials as may be specified in the contract to be supplied to the Contractor by the Corporation;

• the erection, maintenance and removal of all temporary works and buildings;

• all watching, lighting, bailing, pumping and draining;

• all prevention of or compensation for trespass;

• all barriers and arrangements for the safety of the public or of employees during the execution of works;

• all sanitary and medical arrangements for labour camps as may be prescribed by the Corporation;

• the setting of all work and of the construction, repair and upkeep of all control lines, bench marks and level pegs thereon;

• site clearance;

• all fees, duties, royalties, rent and compensation to owners for surface damage or taxes and impositions payable to local authorities in respect of land, structures and all materials supplied for the work or other duties or expenses for which the Contractor may become liable or may be put to under any provision of law for the purpose of or in connection with the execution of the contract;

• and all such other incidental charges or contingencies as may be have been specially provided for in the

RATES  FOR  EXTRA  ITEMS OF WORKS

37. Any item of work carried out by the Contractor on the instructions of the Engineer which is not included in the accepted Schedule of Rates shall be executed at the rates agreed upon between the Engineer and the Contractor before the execution of such items of work, and the Contractor shall be bound to notify the Engineer at least seven days before the necessity arises for the execution of such items of work that  the accepted Schedule of Rates does not include a rate or rates for the extra work involved. In the event of no such agreement being arrived at, the Corporation shall be entitled to execute the extra works by other means and the Contractor shall have no claim for loss or damage that may result from such procedure. Provided always that if the Contractor commences work or incurs any expenditure in regard thereto before the rates shall be determined as lastly hereintofore mentioned, then and in such a case the Contractor shall only be entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date of determination of the rates as aforesaid, according to the rates as shall be fixed by the Engineer. However, if the Contractor is not satisfied with the decision of the Engineer in this respect he may appeal to the Chief Engineer, supported by an analysis of the rates claimed. The Chief Engineer’s decision after hearing out the position shall be final and binding on the Contractor and the Corporation.

HANDING OVER OF WORKS

• The Contractor shall be bound to hand over the works executed under the contract to the Corporation complete in all respects to the satisfaction of the The Engineer shall determine the date on which the work is considered to have been completed, in support of which his certificate shall be regarded as sufficient evidence for all purposes. The Engineer shall determine from time to time, the date on which any particular section of the work shall have been completed, and the Contractor shall be bound to observe any such determination of the Engineer.

CLEARANCE OF SITE ON COMPLETION

• On the completion of the works the Contractor shall clear away and remove from the site all constructional plant, surplus materials, rubbish and temporary works of every kind, and leave the whole of the site and works clear and in a workman-like condition to the satisfaction of the Engineer. No final payment in settlement of the accounts for the works shall be held to be due or shall be made to the Contractor till, in addition to any other condition necessary for such final payment, site clearance shall have been effected by him, and such clearance may be made by the Engineer at the expense of  the Contractor in the event of his failure to comply with this provision within 7 days  after receiving notice to that effect. Should it become necessary for the Engineer to have the site cleared at the expense of the Contractor, the Corporation shall not be held liable for any loss or damage to such of the Contractor’s property as may be on the site and due to such removal therefrom, which removal may be effected by means of public sale of such materials and property or in such a way as deemed fit and convenient to the Engineer.

VARIATIONS IN EXTENT OF CONTRACT

MODIFICATION TO CONTRACT TO BE IN WRITING

39. In the event of any of the provisions of the contract requiring to be modified after the contract documents have been signed, the modification shall be made in writing and signed by the Corporation and the Contractor and no work shall proceed under such modifications until this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing or supplementing the contract or any of the terms thereof shall be deemed conditional and shall not be binding on the Corporation unless and until the same is incorporated in a formal instrument and signed by the Corporation and the Contractor, and till then the Corporation shall have the right to repudiate such arrangement.

POWER OF MODIFICATION TO CONTRACT

• The Engineer on behalf of the Corporation shall be entitled by order in writing to enlarge or extend, diminish or reduce the works or make any alterations in their design, character, position, site, quantities, dimensions or in the method of their execution or in the combination and use of materials for the execution thereof or to order any additional works to be done or any works not to be done and save as provided the Contractor will not be entitled to any compensation for any reduction but will be paid only for the actual amount of work done and for approved materials supplied against a specific order.

VARIATIONS IN QUANTITIES

• (a) Unless otherwise specified in the Special Conditions  of  Contract,  the accepted  variation in quantity for each individual item of the contract would be upto  25% of the quantity originally contracted,  except in  the case of  foundation  The Contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limited of 25% variation  in quantity of individual items of works.

    40.2 (b) In the case of earthwork the variation limit of 25% shall apply to the gross quantity of earth work and variation in the quantities of individual classifications of soil shall not be subject to this limit.

• (c) In the case  of foundation work  no variation in limit shall apply and the    work shall be carried out by the Contractor on agreed rates irrespective of any variation.

VALUATION  OF  VARIATIONS

• The enlargements, extensions, diminutions, reductions, alterations or additions referred to in clause 40.2 shall in no degree affect the validity of the contract but shall be performed by the Contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they had been originally and expressly included and provided for in the specifications and drawings and the amounts to be paid therefore shall be calculated in accordance with the accepted schedule of rates. Any extra items/quantities of work falling outside the purview of the provisions of clause 40.2 above shall be paid at the rates determined under clause 37 of these

DISCREPANCIES AND ADJUSTMENT OF ERRORS

• The several documents forming the contract are to be taken as mutually explanatory of one another, detailed drawings being followed in preference to small scale drawings and figured dimensions in preference to scale and special conditions in preference to general conditions.

• In the case of discrepancy between the Schedule annexed to the contract, the specifications and / or the Drawings, the following order of preference shall observed:

1. Description in the Schedule annexed to the

1. Specifications and Special Conditions if

1. Drawings

1. General specifications

• If there are varying or conflicting provisions made in any one documents forming part of the Contract, the Engineer shall be the deciding authority with regard to the intention of the document.

• Any error in description, quantity or rate in the Schedule annexed to the contract or any omission therefrom shall not vitiate the Contract or release the Contractor from the execution of the whole or any part of the works comprised therein according to drawings and specifications or from any of his obligations under the contract.

CLAIMS MONTHLY STATEMENT OF CLAIMS

• The Contractor shall prepare and furnish to the Engineer once in every month an account giving full and detailed particulars of all claims for any additional expenses to which the Contractor may consider himself entitled and of all extra or additional works ordered by the Engineer which he has executed during the preceding month and no claim for payment for any such work will be considered which has not been included in such particulars.

SIGNING OF “NO-CLAIM” CERTIFICATE

• The Contractor shall not be entitled to make any claim whatsoever against the Corporation under or by virtue of or arising out of this contract, nor shall the Corporation entertain or consider any such claim, if made by the Contractor after he shall have signed a “No claim” certificate in favour of the Corporation, in such form as shall be required by the Corporation, after the works are finally measured up.

MEASUREMENTS, CERTIFICATES AND PAYMENTS

QUANTITIES IN SCHEDULE ANNEXED TO CONTRACT

42. The quantities set out in the accepted schedule of rates with items of works quantified are the estimated quantities of the works and they shall not be taken as the actual and correct quantities of the works to be executed by the Contractor in fulfillment of his obligations under the up.

MEASUREMENT OF WORKS

43. The Contractor shall be paid for the works at the rates in the accepted schedule of rates and for extra works at rates determined under clause 37 of these conditions on the measurement taken by the Engineer or the Engineer’s representative in accordance with the rules prescribed for the purpose by the Corporation. The quantities for items the unit of which the accepted rate is 100 or 1000 shall be calculated to the nearest whole number, any fraction below half being dropped and half and above being taken as one; for items the unit of which in the accepted rates is single, the quantities shall be calculated to two places of decimals. Such measurements will be taken of the work in progress from time to time and at such intervals as in the opinion of the Engineer shall be proper having regard to the progress of the works. The date and time on which “on- account” final measurements are to be made shall be communicated to the Contractor who shall be present at the site and shall sign the results of the measurements (which shall also be signed by the Engineer or the Engineer’s representative) recorded in the official measurement book as an acknowledgement of his acceptance of the accuracy of the measurement. Failing the Contractor’s attendance, the work may be measured up in his absence and such measurements shall, notwithstanding such absence, be binding upto the Contractor whether or not he shall have signed the measurement book; provided always that any objection made by him to any measurement shall be duly investigated and considered in the manner set out below :

1. It shall be open to the contractor to take specific objection to any recorded measurement or classification on any ground within seven days of the date of such measurements and the Contractor should furnish the details basing his objection. Any re-measurements taken by the Engineer or his Engineer’s representative in the presence of the Contractor or in his absence after due notice has been given to him in consequence of objection made by the Contractor shall be final and binding on the Contractor, and no claim whatsoever shall thereafter be entertained regarding the accuracy and classification of the measurements.
2. If an objection raised by the Contractor is found by the Engineer to be incorrect the Contractor shall be liable to pay the actual expenses incurred in measurements.

ON – ACCOUNT PAYMENTS

• The Contractor shall be entitled to be paid from time to time by way of “On- Account” payments only for such works as in the opinion of the Engineer he has executed in terms of the contract. All payments due on the Engineer’s or the Engineer’s representative’s certificates of measurements shall be subject to any deductions which may be made under these presents and shall further be subject to, unless otherwise required under the conditions,  retention of ten percent by way of security deposits, until the amount of security deposit by way of retained earnest money and such retentions shall amount to the sum required to be deposited as security in terms of clause 15.1 of these conditions provided always that the Engineer may by any certificate may any correction or modification in any previous certificate which shall have been issued by him and that the Engineer may withhold any certificate if the works or any part thereof are  not being carried out to his satisfaction, or any works not to be done and, save as provided, the Contractor will not be entitled to any compensation for any reduction but will be paid only for the actual amount of work done and for approved materials supplied against a specific order.

ROUNDING OFF OF AMOUNTS

• In calculating the amount of each item due to the Contractor in every certificate prepared for payable, sums of less than 50 paise shall be omitted and sums of 50 paise or more up to one Rupee shall be reckoned as one Rupee

“ON ACCOUNT” PAYMENTS NOT PREJUDICAL TO FINAL SETTLEMENT

• “On account” payments made to the Contractor shall be without prejudice to the final making up of the account (except where measurements are specially noted in the Measurement Book as “Final Measurement” and have been signed as such by the Contractor) and shall in no respect be considered or used as evidence of any facts stated in or to be inferred from such accounts nor of any particular quantity of work having been executed nor of the manner of its execution being satisfactory.

MANNER OF PAYMENT

• Unless otherwise specified, payment to be Contractor will be made by cheque but no cheque will be issued for an amount less than ten Rupees.

MAINTENANCE OF WORKS

45. The Contractor shall at all times during the progress and continuance of the works and also for the period of maintenance specified in the tender form and after the date of the passing of the certificate of completion by the Engineer or any other earlier date subsequent to the completion of the works that may be fixed by the Engineer be responsible for and effectually maintain and uphold in good substantial, sound and perfect condition all and every part of the works and shall make good from time to time and at all times as often as the Engineer shall require any damage or defect that may during the above period arise in or be discovered or be in any way connected with the works, provided that such damage or defect is not directly caused by errors in the contract documents, act of providence or insurrection or civil riot and the Contractor shall be liable for and shall pay and make good to the Corporation or other persons legally entitled thereto whenever required by the Engineer so to do, all losses, damages, costs and expenses they or any of them may incur or be put or be liable to, by reason or in consequence of the operations of the Contractor or his failure in any respect.

CERTIFICATE OF COMPLETION OF WORKS

• As soon as in the opinion of the Engineer the works shall have been substantially completed and shall have satisfactorily passed by final test or tests that may be prescribed, the Engineer shall issue a certificate of completion in respect of the works and the period of maintenance of the works shall commence from the date of such certificate, provided that the Engineer may issue such certificate with respect to any part of the works before the completion of the whole of the works or with respect to any substantial part of the works which has been both completed to the satisfaction of the Engineer and occupied or used by the Corporation and when any such certificate is given in respect of a part of the works such part shall be considered as completed and the period of maintenance of such part shall commence from the date of such part shall commence from the date of such certificate.

CONTRACTOR NOT ABSOLVED BY COMPLETION CERTIFICATE

• The certificate of completion in respect of the works referred to in clause 46.1 shall not absolve the Contractor from his liability to make good any defects, imperfections, shrinkages or faults which may appear during the period of maintenance specified in the tender arising in the opinion of the Engineer from materials or workmanship not in accordance with the drawings or specifications or instructions of the Engineer which defects, imperfections, shrinkages or faults shall upon the directions in writing of the Engineer be amended and make good by the Contractor at his own cost, and in case of default on the part of the Contractor, the Engineer may employ labour and materials or appoint another Contractor to amend and make good such defects, imperfections shrinkages and faults and all expenses consequent thereon and incidental thereto shall be borne by the Contractor and shall be recoverable from any moneys due to him under the contract.

APPROVAL ONLY BY MAINTENANCE CERTIFICATE

47. No certificate other than the Maintenance Certificate referred to in Clause 48.1 of  these conditions shall  be deemed to constitute approval of any work or other matter in respect of which it is issued or shall be taken as an admission of the due performance of the contract or any part thereof or of the accuracy of any claim or demand made by the Contractor or of additional or varied work having been ordered by the Engineer nor shall any other certificate conclude or prejudice any of the powers of the Engineer.

MAINTENANCE  CERTIFICATE

• The contract shall not be considered as completed until a maintenance certificate shall have been signed by the Engineer stating that the works have been completed and maintained to his satisfaction. The maintenance certificate shall be given by the Engineer upon the expiration of the period of maintenance or as soon thereafter as any works ordered during such period pursuant to clause 46.2 of these conditions shall have been completed to the satisfaction of the Engineer and full effect shall be given to this clause notwithstanding the taking possession of or using the works or any part thereof by the Corporation

CESSATION OF CORPORATION’S LIABILITY

• The Corporation shall not be liable to the Contractor for any matter arising out of or in connection with the contract or the execution of the works unless the Contractor shall have made a claim in writing in respect thereof before the issue of the Maintenance Certificate under clause 1.

UNFULFILLED OBLIGATIONS

• Notwithstanding the issue of the Maintenance Certificate, the Contractor and the Corporation shall remain liable for the fulfillment of any obligation incurred under the provisions of the contract prior to the issue of the Maintenance Certificate which remains unperformed at the time such certificate is issued and for the purpose of determining the nature and extent of any such obligation the contract shall be deemed to remain in force between the parties hereto.

FINAL PAYMENT

• On the Engineer’s certificate of completion in respect of the works an adjustment shall be made and the balance of account based on the Engineer’s or the Engineer’s representative’s certified  measurement  of  the  total quantity of work  executed  by theContractor upto the date of completion and on the accepted rates and for extra works on rates determined under clause 37 of these conditions shall be paid to the Contractor subject always to any deduction which may be made under these presents and further subject to the Contractor having delivered to the Engineer either a full account in detail  of all claims he may have on the Corporation in respect of the works or having delivered a “No-claim” certificate and to the Engineer having after the receipt of such account, given a certificate in writing that such claims are correct, that the whole of the works to be done under the provisions of the contract have been completed, that they have been inspected by him since their completion and found to be in good and substantial order, that all properties, works and things removed, disturbed or injured in consequence of the work, have been properly replaced and made good and all expenses and demands incurred by or made upon the Corporation for or inconsequence of the works, have been satisfied agreeably and in conformity with the contract.

REPAYMENT OF SECURITY DEPOSIT

• The total security deposit shall become due and shall be paid to the Contractor after the expiration of the period of maintenance specified in the tender reckoned from the date on which the Engineer shall have passed the certificate of completion comprising the whole of the works to be done under the provisions of the contract, or any other earlier date subsequent to the completion of the whole of such works that may be fixed by the Corporation in this behalf, provided that all the stipulations of this clause have been fulfilled by the Contractor and all claims and demands made against the Corporation for and in respect of damage or loss by from or in consequence of the works have been finally satisfied; provided further that in the event of different maintenance periods having become applicable to different parts of the works pursuant to clause 46.1 of these conditions, the expression “expiration of the period of maintenance” shall for the purpose of this clause be deemed to mean the expiry of the latest of such periods.

CORPORATION’S LIEN ON ALL MONEYS DUE

50. The Corporation shall have a lien on and over all or any moneys that may become due and payable to the Contractor under these presents and / or also on and over the deposit of security amount or amounts made under the contract and which may become repayable to the Contractor under the conditions in that behalf herein contained for or in respect of any debt or sum that may become due and payable to the Corporation by the  Contractor  either alone or  jointly  with another or others and eitherunder this or under any other contract or transaction of any nature, whatsoever, between the Corporation and the Contractor. And, further, unless the Contractor pays and clears and claims of the Corporation immediately on demand the Corporation shall at all times be entitled to deduct the said debt or sum due by the Contractor from the moneys, securities or deposits which may have become or will become payable to the Contractor under these presents or under any other contract or transaction whatsoever, between the Contractor and the Corporation. The Corporation reserves the right to carry out a post-payment audit and / or technical examination of the works and the final bill, including all supporting vouchers, abstracts, etc. and to enforce recovery if as a result of such examination any over payment is discovered in respect of any work done by the Contractor or alleged to have been done done by him under the contract and such recovery will be made by the Corporation from the Contractor by any or all of the methods prescribed above. If, on the other hand, any underpayment is discovered the amount shall be duly paid to the Contractor by the Corporation. Further, the Corporation reserves the right to make such recoveries notwithstanding the fact that the same may be included by one of the parties as an item of dispute before any Arbitrator appointed under the arbitration clause of the contract and notwithstanding the fact that the amount of the final bill figures in the Arbitrator’s Award. Provided that the said right of the Corporation to adjust over and under payments shall not extend beyond a period of  three years from the date of payment of the final bill.

SIGNATURE OF RECEIPTS FOR AMOUNTS

51. Every receipt for money which may become payable or for any security which may become transferable to the Contractor under these presents, shall, if signed in the partnership name by any one of the partners of a Contractor firm be good and sufficient discharge to the Corporation in respect of the moneys or security purported to be acknowledged thereby and in the event of death of any of the Contractor partners during the pendance of the contract it is hereby expressly agreed that every receipt by any one of the surviving Contractor partners shall if so signed as aforesaid, be good and sufficient discharge as aforesaid provided that nothing in this clause contained shall be deemed to prejudice or affect any claim which the Corporation may hereafter have against the legal representatives of any Contractor partner so dying for or in respect of this any breach of any of the conditions of the contract, provided also that nothing in this clause contained shall be deemed to prejudice or affect the respective rights or obligations of the Contractor partners and of the legal representatives of any deceased Contractor partner’s interest.

LABOUR

WAGES TO LABOUR

• The Contractor shall comply with the latest provisions of the Minimum Wages 1948 (hereinafter referred to as the “said Act”) and the Rules made thereunder in respect of any employees employed by him on road construction or in building operations or in stone breaking or stone crushing or in any other kind of Scheduled employment as defined in the said Act for the purpose of carrying out this contract.

• If, in compliance with the terms of the contract, the Contractor supplied any labour to be used wholly or partly under the direct orders and control of the Corporation whether in connection with any work being executed by the Contractor or otherwise for the purpose of the Corporation such labour shall, for the purpose of this clause, still be deemed to be persons employed by the Contractor. If any moneys shall, as a result of any claim or application made under the said Act be directed to be paid by the Corporation, such moneys shall be deemed to be moneys payable to the Corporation by the Contractor and on failure by the Contractor to repay the Corporation any moneys paid by him as aforesaid within seven days after the same shall have been demanded, the Corporation shall be entitled to recover the same from any moneys due or accruing to the Contractor under this or any other contract with the Corporation.

PROVISIONS OF PAYMENT OF WAGES ACT

• The Contractor shall comply with the provisions of the Payment of Wages Act, 1936 and the Rules made thereunder in respect of all employees employed by him in the works.
• If in compliance with the terms of the contract, the Contractor shall supply any labour to be used wholly or party under the direct orders and control of the Engineer whether in connection with the works to be executed hereunder or otherwise for the purpose of the Engineer such labour shall nevertheless be deemed to comprise persons employed by the Contractor and any moneys, which may be ordered to be paid by the Engineer, shall be deemed to be moneys payable by the Engineer on behalf of the Contractor and the Engineer may on failure of the Contractor to repay such moneys to the Corporation deduct the same from any moneys due to the Contractor in terms of the contract. The Corporation shall be entitled to deduct from any moneys due to the Contractor ( whether under  this  contract  or  any  other contract ), all  moneys  paid  or payable by the Corporation by way of compensation as aforesaid or for costs or expenses in connection with any claim thereto and the decision of the Engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the Contractor.

PROVISIONS OF CONTRACT LABOUR (Regulation & Abolition) ACT 1970

• The Contractor shall comply with the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971 as modified from time to time, wherever applicable and shall also indemnify the Corporation from and against any claims under the aforesaid Act and the Rules.

• The Contractor shall obtain a valid licence under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid licence until the completion of the work. Any failure to fulfill this requirement shall attract the panel provisions of the contract arising out of the resultant non-execution of the work.

• The Contractor shall pay to labour employed by him directly or through sub – Contractors the wages as per provisions of the aforesaid Act and the Rules wherever applicable. The Contractor shall, notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the work including any engaged by his sub-Contractors in connection with the said work, as if the labour had been immediately employed by him.

• In respect of all labour directly or indirectly employed in the work for performance of the Contractor’s part of the contract, the Contractor shall comply with or cause to be completed with provisions of the aforesaid Act and the Rules wherever applicable.

• In every case in which by virtue of the provision of the aforesaid Act and the Rules, the Corporation is obliged to pay any amount of wages to a workman employed by the Contractor or his sub-Contractor in execution of the work or to incur an expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure on account of the contingent liability of the Corporation due to the Contractor’s failure to fulfill his statutory obligations under the aforesaid Act or the Rules, the Corporation will recover from the Contractor, the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Corporation under Section 20, sub-section (2) and Section 21, sub-section (4) of  the aforesaid    The  Corporation shall be at  liberty to recover such amount or part thereof by deducting it from the security deposit and / or from any sum due by the Corporation to the Contractor whether under the contract or otherwise. The Corporation shall not be bound to contest any claim made against it under sub – section (1) of section 20 and sub-section (4) of Section 21 of the aforesaid Act except on the written request of the Contractor and upon his giving to the Corporation full security for all costs to which the Corporation might become liable in contesting such claim. The decision of the Corporation regarding the amount actually recoverable from the Contractor as stated above, shall be final and binding on the Contractor.

PROVISIONS OF THE EMPLOYEES’ PROVIDENT FUND ACT, 1952

• The Contractor shall be liable to pay by the due date his contribution, employee’s contribution and other administrative charges as per provisions of the Employees’ Provident Act as amended from time to time, in respect of all the staff and labour employed by him for the execution of the

• In the event of his failure to follow the above provisions, the Corporation shall make arrangements to pay the said amount of contribution as assessed to the Provident Fund Commissioner and the Corporation will recover from the Contractor the amount paid to the Provident Fund Commissioner, out of the sums due to the

REPORTING OF ACCIDENTS OF LABOUR

56. The Contractor shall be responsible for the safety of all employees employed by him and shall report serious accidents to any of them however and wherever occurring on the works to the Engineer or the Engineer’s representative and shall make every arrangement to render all possible

PROVISIONS OF WORKMEN’S COMPENSATION ACT

57. In every case in which by virtue of the provisions of section 12 sub-section (1) of the Workmen’s Compensation Act, 1923 the Corporation is obliged to pay compensation to a workman employed by the Contractor in executing the work, the Corporation will recover from the Contractor the amount of the compensation so paid, and without prejudice to the rights of Corporation under Section 12 sub-section (2) of the said Act, the Corporation shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by the Corporation to the Contractor whether under these conditions or   The Corporation  shall  not be bound to contest any claim made against it under section 12 sub-section (1) of the said Act except on the written request of the Contractor and upon his giving to the Corporation full security for all costs for which the Corporation might become liable in consequence of contesting such claim.

CORPORATION NOT TO PROVIDE QUARTERS FOR CONTRACTOR

58. No quarter shall be provided by the Corporation for the accommodation of the Contractor or any of his staff employed on the works. In exceptional cases where accommodation is provided to the Contractor at the Corporation’s discretion recoveries shall be made at such rates as may be fixed by the Corporation for the full rent of the buildings and equipment therein as well as charges for electric current, water supply conservancy and other services.

LABOUR CAMPS

• The Contractor shall at his own expense make adequate arrangements for the housing, supply of drinking water and provision of latrines and urinals for his staff and workmen, and for temporary crèches (Balmandir) where 50 or more women are employed at a time. Suitable sites on the Corporation’s land if available, may be allotted to the Contractor for the erection of labour camps, either free of charge or on such terms and conditions as may be prescribed by the Corporation. All campsites shall be maintained in clean and sanitary condition by the Contractor at his own works.

COMPLIANCE TO RULES FOR EMPLOYMENT OF LABOUR

• The Contractor shall conform to all laws, bye-laws, rules and regulations for the time being in force pertaining to the employment of local or important labour and shall take all necessary precautions to ensure and preserve the health and safety of all staff employed on the

PRESERVATION OF PEACE

• The Contractor shall take requisite precautions and use his best endeavours to prevent any riotous or unlawful behaviour by or amongst his workmen and others employed on the works and for the preservation of peace and protection of the inhabitants and security of property in the neighbourhood of the works.  In  the event of the Corporation requiring the maintenance of a special police force or in the vicinity of the site during the tenure of the works, the expenses thereof shall be borne by the Contractor, and if paid by the Corporation shall be recoverable for the Contractor.

SANITARY ARRANGEMENTS

• The Contractor shall obey all sanitary rules and carry out all sanitary measures that may from time to time be prescribed by the Corporation and permit inspection of all sanitary arrangements at all times by the Engineer or the Engineer’s representative. Should the Contractor fail to make adequate sanitary arrangements, these will be provided by the Corporation and the cost therefore recovered from the

OUTBREAK OF INFECTIOUS DISEASE

• The Contractor shall remove from his camp such labour and their families as refuse protective inoculation and vaccination when called upon to do so by the Engineer or the Engineer’s representative on the advice of the Corporation. Should Cholera, Plague or other infectious disease break out, the Contractor shall burn the huts, beddings, clothes and other belongings of, or used by, the infected parties and promptly erect new huts on healthy sites as required by the Engineer, failing which within the time specified in the Engineer’s requisition the work may be done by the Corporation and the cost therefor recovered from the 

MEDICAL FACILITIES AT SITE

• The Contractor shall provide medical facilities at the site as may be prescribed by the Engineer in relation to the strength of the Contractor’s resident staff and workmen.

USE OF INTOXICANTS

• The sale of ardent spirits or other intoxicating beverages upon the work or in any of the buildings, encampments or tenements owned, occupied by or within the control of the Contractor or any of his employees directly or through petty contractors or sub- Contractors employed on the work shall be forbidden and the contractor shall exercise his influence and authority to the utmost extent to secure strict compliance with this condition.

NON-EMPLOYMENT OF LABOUR BELOW THE AGE OF 14

• The Contractor shall not employ children below the age of 14 as labourers directly or through petty Contractors or sub-contractors for execution of work.

MEDICAL CERTIFICATE OF FITNESS FOR LABOUR

• It is agreed that the Contractor shall not employ a person above 14 and below 19 years of age for the purpose of executing work under this contract unless a medical certificate of fitness in the prescribed form granted to him by a certifying surgeon certifying that he is fit to work as an adult is obtained and kept in the custody of the Contractor or a person nominated by him in this behalf and be person carries with him, while at work, a token giving reference to such certificate, it is further agreed that the responsibility for having the adolescent examined medically at the time of appointment or periodically till he attains the age of 19 years shall devolve entirely on the Contract  and all the expense to be incurred on this account shall be borne by him and no fee shall be charged from the adolescent or his parent for such medical examination.

PERIOD OF VALIDITY OF MEDICAL FITNESS CERTIFICATE

• A certificate of fitness granted or renewed for the above said purposes shall be valid only for a period of one year at a time. The certifying surgeon shall revoke a certificate granted or renewed if in his opinion the holder of it is no longer fit for work in the capacity stated therein. Where a certifying surgeon refuses to grant a certificate, he shall, if so required by the person concerned, state his reasons in writing for doing

MEDICAL RE-EXAMINATION OF LABOURER

• Where any official appointed in this behalf by the Ministry of Labour is of the opinion that any person employed in connection with the execution of any work under this contract in the age group 14-18 years is without a certificate of fitness or his having a certificate of fitness but no longer fit to work in the capacity stated in the certificate, he may serve on the contractor, or on the person nominated by him in this behalf, a notice requiring that such person shall be examined by a certifying surgeon and such person shall not, if the concerned official so directs, be employed or permitted to do any work under this contract unless he has become medically examined and certified that he has been granted a certificate of fitness or a fresh certificate of fitness as the case may be.

RIGHT  OF CORPORATION TO DETERMINE CONTRACT

• The Corporation shall be entitled to determine and terminate the contract at any time should, in the Corporation’s opinion, the cessation of work become necessary owing to paucity of funds or from any other cause whatsoever, in which case the value of approved materials at site and of work done to date by the Contractor will be paid for in full at the rates specified in the contract. Notice in writing from the Corporation of such determination and the reason therefore shall be conclusive evidence

PAYMENT ON DETERMINATION OF CONTRACT

• Should the contract be determined under clause 59.1 of these conditions, and the Contractor claims payment for expenditure incurred by him in the expectation of completing the whole of the works, the Corporation shall admit and consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of the The Corporation’s decision on the necessity and propriety of such expenditure shall be final and conclusive. The Contractor shall have no claim to any payment of compensation or otherwise, howsoever, on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of determination of the contract.

DETERMINATION OF CONTRACT OWING TO DEFAULT OF CONTRACTOR

• If the Contractor should :-

1. become bankrupt or insolvent, or

1. make an arrangement with or assignment in favour of his creditors, or agree to carry out the contract under a Committee of Inspection of his creditors, or

• Being a company or Corporation, go into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction), or

1. have an execution levied on his goods or property on the works, or

1. assign the contract or any part thereof otherwise than as provided in Clause 7 of these conditions, or

1. abandon the contract, or

• persistently disregard the instructions of the Engineer or contravene any provision of the contract, or

• Fail to adhere to the agreed programme of work by a margin of 10 per cent of the stipulated period, or

26. fail to remove materials from the site or to pull down and replace work after receiving from the Engineer notice to the effect that the said materials or works have been condemned or rejected under Clause 24 and 26.2 of these conditions, or

1. fail to take steps to employ competent or additional staff and labour as required under Clause 25 of these conditions, or

1. fail to afford the Engineer or the Engineer’s representative proper facilities for inspection of the works or any part thereof as required under these then and in any of the said causes, the Engineer on behalf of the Corporation may serve the Contractor with a notice in writing to that effect and if the contractor does not, within seven days after delivery to him of such notice, proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the Engineer, the Corporation shall be entitled after giving 48 hours notice in writing under the hand of the Engineer to rescind the Contract as a whole or in part or parts (as may be specified in such notice) and adopt either or both of the following courses :-

• to carry out the whole or part of the work from which the Contractor has been removed by the employment of the required labour and the materials, that costs of which shall include lead, lift, freight, supervision and all incidental charges;

• to measure up the whole or part of the work from which the Contractor has been removed and to get it completed by another Contractor, the manner and method in which such work is completed shall be in the entire discretion of the Engineer whose decision shall be final;

and  in both  the cases (a) and (b) mentioned above, the Corporation shall be entitled (i)

to forfeit the whole or such portion of the security deposit as it may consider fit, and (ii) to recover from the Contractor the cost of carrying out the work in excess of the sum which would have been payable according to the certificate of the Engineer to the Contractor if the works had been carried out by the Contractor under the terms of the contract, such certificate being final and binding upon the Contractor. Provided however, that such recovery shall be made only when the cost incurred in excess is more than the security deposit proposed to be forfeited and shall be limited to the amount by which the cost incurred in excess exceeds the security deposit proposed to be forfeited. The amount thus to be forfeited or recovered may be deducted from any moneys then due or which any time thereafter may become due to the Contractor by the Corporation under this or any other contract or otherwise.

Provided always that in any case in which any of the powers conferred upon the Corporation by Clause 61.1 hereof shall have become exercisable and the same shall not be exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions thereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor by which his liability for past and future shall remain unaffected.

RIGHT OF CORPORATION AFTER RESCISSION OF CONTRACT OWING TO DEFAULT OF CONTRACTOR

• In the event of any or several of the courses, referred to in Clause 61.1 of this clause, being adopted:

1. the Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the works or the performance of the contract and Contractor shall not be entitled to recover or be paid any sum for any work thereto not actually performed under the contract unless and until the Engineer shall certified the performance of such works and the value payable in respect thereof and the Contractor shall only be entitled to be paid the value so certified.

1. the Engineer or the Engineer’s representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the works or on the property on which  these are being  brought  or  ought to have been executed and to retain and employ the same in the further execution of the works or any part thereof until the completion of the works without the Contractor being entitled to any compensation thereof or for wear and tear or destruction thereof.

1. the Engineer shall, as soon as may be practicable after removal of the Contractor, fix and determine ex-parte or by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute, and shall certify what amount (if any) had at the time of rescission of the contract had been reasonably earned by or would reasonably accrue to the Contractor in respect of the work then actually done by him under the contract and what was the value of any unused, or partially used materials, any constructional plant and any temporary works upon the

1. the Corporation shall not be liable to pay to the Contractor any moneys on account of the contract until the costs of the completion and maintenance, damages for delay in completion (if any), and all other expenses incurred by the The Contractor shall then be entitled to receive only such sum or sums (if any) as the Engineer may certify would have been due to him upon due completion by him after deducting the said amount, but if such amount exceed the sum which would have been payable to the Contractor, then the Contractor shall, upon demand, pay to the Corporation the amount of such excess and it shall be deemed a debt due by the Contractor to the Corporation and shall be recoverable accordingly.

SETTLEMENT OF DISPUTES MATTERS FINALLY DETERMINED BY THE CORPORATION

62. All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract shall  be referred by the contractor to the Railway and the Railway shall within 120 days after receipt of the Contractor’s representation make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in Clauses 17, 21(5), 37, 43(a), 53.2, 60.2, 61.1 of General Conditions of Contract or in any clause of the special conditions of the contract shall be deemed as ‘excepted matters’ and decisions of the Konkan Railway Corporation Ltd., authority, thereon shall  be final and binding on the contractor provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the arbitration clause and not be referred to arbitration.

DEMAND  FOR ARBITRATION

• In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Konkan Railway Corporation Ltd., of any certificate to which the contractor may claim to be entitled to, or if the Konkan Railway Corporation Ltd., fails to make a decision within 120 days, then and in any such case, but except in any of the ‘excepted matters’ referred to in clause 62 of these conditions, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to
• The demand for arbitration shall specify the matters which are in question or subject of the dispute or difference as also the amount of claim item wise. Only such dispute(s) or difference(s) in respect of which the demand has been made together with counter claims or set off shall be referred to arbitration and other matters shall not be included in the

1. The Arbitration proceedings shall be assumed to have commences from the day, a written and valid demand for arbitration is received by the Konkan Railway Corporation

1. The claimant shall submit his claim stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral

1. The Konkan Railway Corpoation Ltd., shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal.

• No new claim shall be added during proceedings by either However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

• If the contractor(s) does / do not prefer his / their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Konkan Railway Corporation Ltd., that the final bill is ready for payment, he / they will be deemed to have waived his / their claim(s) and the Konkan Railway Corporation shall be discharged and released of all liabilities under the contract in respect of these

OBLIGATION DURING PENDENCY OF ARBITRATION

• Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Konkan Railway Corporation Ltd., shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

ARBITRATION

63.3(a) i      In case where the total value of all claims in question added together       does not exceed Rs.15,00,000/- (Rupees Fifteen lakhs only), the Arbitral Tribunal consist of a sole arbitrator who shall be (either the Managing Director) or a gazetted officer of Konkan Railway Corporation Ltd., not below the grade of JA grade nominated by the Managing Director of Konkan Railway Corporation Ltd., in that behalf. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by Konkan Railway Corporation Ltd.

• (a) ii In cases not covered by clause 63(3)  (a)  (i),  the Arbitral Tribunal  shall consist of a panel of three Gazetted Railway officers (in service or retired) not below JA grade, as the arbitrators. For this purpose, the Konkan Railway Corporation Ltd., will send a panel of more than 3 names of Gazetted Railway Officers (in service or retired) of one or more departments, of the Railways to the contractor who will be asked to suggest to Managing Director upto 2 names out of panel for appointment as  contractor’s nominee. The Managing Director shall appoint at least one out of them as the contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the presiding arbitrator from amongst the 3 arbitrators so appointed. While nominating the arbitrators it will be necessary to ensure that one of them is from the Accounts department. An officer of Selection grade of the Accounts department shall be considered of equal status to the officers in SA grade of other departments of the Konkan Railway Corporation Ltd., for the purpose of appointment of

63.3(a) iii If one or more of the arbitrators appointed as above refuses to  act  as arbitrator, withdraws from his office as arbitrator, or vacates his / their office / offices or is

/ are unable or unwilling to perform his / their functions as arbitrator for any reason whatsoever or dies or in the opinion of the Managing Director fails to act without undue delay, the Managing Director shall appoint new arbitrator / arbitrators to act in his / their place in the same manner in which the earlier arbitrator / arbitrators had been appointed.

Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator(s).

63.3(a) iv The arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay.

63.3(a) v    While appointing arbitrator(s) under sub-clause (i), (ii) & (iii) above, due    care shall be taken he/they is / are not the one / those who had an opportunity to deal with the matters to which the contract relates or who in the course of his / their duties as Railway servants (s) expressed views on all or any of the matters under dispute of differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his / their duties expressed views on all or any of the matters under dispute.

63.3 (b) i        The arbitral award shall state item wise, the sum and reasons upon which it is based.

63.3 (b) ii A party may apply for correction  of  any  computation  errors,  any  typograpical or clerical errors or any other error of similar nature occurring in the award and interpretation of a specific point of award to tribunal within 30 days of receipt of the award.

63.3 (b) iii     A party may apply to tribunal within 30 days of receipt of award to make    an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

63. 4 In case of the Tribunal, comprising of three members, any ruling or award shall   be made by a majority of members of tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall

63. 5 Where the arbitral award is for the payment of money, no interest  shall  be payable on whole or any part of the money for any period till the date on which the  award is made.

63. 6 The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of the arbitrator(s) as per the rates fixed by Konkan Railway Corporation Ltd., from time to time.

7 Subject to the provisions of the aforesaid Arbitration and Conciliation Act, 1996 and the rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause.