(1) As soon as (he material is handed under rule 46, a dated acknowledgement shal] be obtaij To. W-11 in taken of the receipt of materials by him, (2) The Overseer/Junior Engincer, Assistant Dev'clopmcm Officer (Rura] Engin:cn’ng) incharge of the stores shall by the 10th day of the succeeding month submit to the Mukhya Adhikari or Khand Vikas Adhikari, as.the case may be, a monthly return of réceipts and issues of stores in Form no. W9, The return shall b signed by the Overseer/Junior Engineer (Rural Engineering) incharge of storcs, the Accountant with his re the contractor's ledgerin respect of the m, Tewrns shall be posted in the Guard files ang kept.in ‘sdfe custody in aceord.
ance with the orders of the Mukhya Adhikari, 48. The account of non-consumable in connection with works shall be maintai, carried out in the same i OVer (o the contractor ned from him in Form Development Officer stores and instrumen;s Purchased ned and their ing Pection’ shal] e 49. (1) . For every work carried out ir 5!!(! not 3 ract, the officer in charge ‘of the work shall ‘maintaj i no. 12, He shall Pay the amount due on this rol, vance or out of advance specially made for (e work which he shall yecoy or have recouped by means of a bij supported by the muser roll, ac uittance of the ‘payces shaj| e taken, thereon and certificate. of paymen 1 - corded thercon by the officer in charge of the work, Lt y8lLbese Advance of Materialy to contractors, shall be intimated .
€ @ true copy of the stock Tegister and shal] be .
Non-consumiable stores and instruments, " Prej ton * of "Mus:’earnkolu in case of work by daiy labour.
46 TR S A A | AT, 1985 T W W W Y Y Y U Y Y Y " o Procedure 10 be follo wed in case of re pairs.
Preparation statement of repairs to works to all works maintained by the Paris| at the time of preparation the budget.
Accoount of road metal.
which are capable of being referred to in sub rule (i) .
ntered in measurement books (2) Al works le {3 measured shall be measured and measurements el giving reference to the muster rolls.
50. Notwithstanding anything contained in these rules for petty repairs, ot more than Rs.200/- curied out by the agency ol a Parishads or a4 Samiti’s officials, no measurement shall be necessary; but belore final payment is made, or an advance djusted, a certificate of satisfactory completion of the work shall be required as shown below:
(a) 10 the cost of the work does no_exceed ol Re.50 certificate by the ofticer in charge of the work with details expenditure ; and
(b) Il the cost of the work excceds Rs.50 a certificate by overseer/ Junior Engineer or a member ol the Parishad or Kshettra Samiti, as “the case may be, authorised for’ the purpose by had or Kshettra Samiti or the Karya Adhikari, the District Medica flicer of Health or the Assistint Medical Officer of Health, or the Abhiyanta or a Shiksha Adbikari or Sub-Deputy Inspector of Schools.
Shiksha Adhikari and Sub-Deputy Inpector of Schools may he repair of the schools they may inspect and shall for.any other work. The same will hold good for the certificate granted by tie District Medical Officer of Health and Assistant Medical Officer of Health for sanitation works etc., carried out through the agency of the Public Health Department.
51. At the time of the preparation of the budget a s tatement of repairs had or Kshettra Samiti shall be drawn up Notre: The give this certificate for 7l ot be required to give i of -in Form W-13.
This statement shall bé considered by the Parishad or Kshettra Samiti, as the case may be, and' orders passed as to the arrangements for the execu- -tion of work. .-
59. When Road metal, whether required for petty repairs by gangs or consolidation through contractors, is obtained, measurements shall be recorded in the measurement book as required by rule 36. All metal stocked at road side, whether paid or not, which has been measured shall be entered in the stock register in Form no. “W-14 kilometres by kilometre. -This register shall show for every kilometers the receipt, disposal, and balance of road metal of cach kind (stone, kankar, etc.) a reference being given in the register to the number and page of the measurement book and to the number of vouchers, if any. The balance of metal in each kilometre shall be shown in order to ensure whether there have been any transactions on it during the month or not.” Separate entries shall be made in the register for metal collected forannual renewals. .
FORM NO. W-1 (See Rule 18) Register of approved contractors Serial Name Date Refer- Quali- Refer- Date Nature Refer- Res- Date Re no. with of ence fica- enceto of of ence tri- of ~ason Father’s appli- of the tions the de- secu- no. of .ction, te- for the name cation files order posit “rity seco- if any moval reand for cotaining sanc- of ~money rity on of the movaddress regis- the tioning security and re- the al of the tration appli- registra- money name gister amo- name - cation tion of unts name .
and place of from § . enquiry . where con- - the ‘report , e ‘depo- tracts reigis- 4 sited ster .
ST 2 3 4. 5 ¢ 7 - '8 9 10 1 12 SO R ST T4, 1 T, 1985 FORM NO. W2 (See Rule 21) _ Comparative statement of tenders for D2te of calling for tenderers Date of opening tenders Number of tenders ——e o R e received Nzme of contrecter tendering and the Amount of part of e, estimate tendercd for Name of work Estimated rate Contractor’s qualificetions.
Stzte which tender is recor for rejecs nended and reasons ——— 2 lowest tenders, if rejected.
FORM NO. W-2 (Sce Rule 23) {tem of percentage rate tender for contractors.
Name of work...:
Name of contractor General rule and dircclions, for the guidance of contractors.
1. All works proposed for execution form of invittion to tender pasted on board hung up in the office of, and signed by the Mukhya Adhikari/Khand Vikas Adhikari.
This form will state the work to be rried out as well as the date for submitting 2nd openinng tenders and the time allowed for carrying out the work, 2lso the zmount of earn est money to be deposited with the tender and the zmount of security depasited by the successful tenderer and the %, and petty repeirs. Surfacing materials such as coaltar, pitch, asphalt and pro- _prietary road surfacing stocked for renewals at the Toadside shall be account- ed for in the s2me way and 2t the same time as road metal and shall also be entered in the stock register in Form no. W-15. The accounts of the cost of repair shall be kept in Form no. W-5.
Noiz : In consolidation work n “mezzl picked up from road surface by contract will be notified in a 0 separate payment shall during consolidation.
R CrarTeR IV N 53. The State "Government may relax to such extent as it deems fit, the Relaxation. provisions of 2ny rule in the case of scarcity works relating to construction of Block buildings or rural manpower schemes or any similar works entrusted by it to 2 Zila Parishad or Kshettra Samiti for execution.
I be made for any yanta in a Zila Parishad the Checking of checking of measurements, supervision of works, issue of a certificate of com. works in the Pletion may be got done by the Engineer of any Government Department who 2bseoce of is authorised in this behalf by resolution by the Parishad if any, to be de- A“t:i:;fiy:gla.: i ments consisting of copies of ““drawing and details of the proposed work, specifications, schedule of quanti- ties of various items of works and a form of the printed conditions of contract together with the form of tender to be used, signed for the purpose of identi- fication by the Mukhya Adhikari/Khand Vikas Adhikari and dpproved by the Authority competent to make the contract ‘shall . be availab, pecti the office of the Mukhya Adhikari/Khand Vika, A PUDlC ins- on at the of of the Mukhya hikari/Kha ik dhikari duri the office hours. . uring
2. In the event of the tender submijtted by a form, it nius, be signed seperately by each member thereof or in the absence of any partner, it must be signed on his behalf by a person holding a power of attorney authorising him to do so. - . .
B Receipt for payment made on accoimt work when executed by a firm must also be signed by the several partners except where the contractors are _described in their tender as a firm in which case the receipts must e signed 47 48 s T I JFEI AL, 1 WO, 1985 in the name of the firm by one of the partners or by some other persons having authority to give cflectual ‘receipts for the firms, .
r 2 % s who o submits a tender shall — fill up the prescribed Iu""\“o[’té‘u)ulé:-"r\lx C‘:"; out the ;nhm:nnuvg offert c'n !)agc ?. 9( ll_m ((])rm nol:
applicable to the case. Tenders which propose any :\llcml:pn in the worl fcifiul in the form ol notice inviting tenders or in the time :ullowc(l. for curying out the work ol which contain any other conditions of Any sort or are filled up in English or not accompanicd by the deposit of ‘earnest money notified will he liable to rejection. Tenders shall have the name of the work to which they refer written outside the envelope, The Mukhya Adhikarvi/Khand Vikas Adhikari or his duly authorised nt will open tenders in the presence of any intending contractors who may be present at the time and will enter the amount of several tenders in a compmative statement in a suitable form. In the event of a tehder being aceepted a receipt for the earnest money forwarded therewith shall there- upon or he given to the contractor who shall thercfore for the purpose .of identification sign copies of the specification and other documents mentioned in p 1 in the event of a tender, being rejected the carnest money forwarded with such unaccepted tender shall thereupon be returned to the contractor making the same.
6. The accepting n\llll’ori‘ly shall have the right of rejecting all or any of the tenders. - 2
7. The receipt of an accountant or clerk for the contractor will not be considered as any acknowledgement of payment to the Mukhya Adhikari, Khand Vikas Adhikari and the contractor shall be res- ponsible for secking that he procures a receipt signdd by the Mukhya Adhi- kari/Khand Vikas Adhikari.
-
8.. The memorandum of work tendered for shall' be filled in and com- pleted in the office of the Mukhya AdhikarifKhand. Vikas Adhikari- before the cender form is issued.
the carnest money paid by TENDER FOR WORKS .
hereby tender form the exe- cution for the Adhyaksha Zila Parishéd/l’raxnukh, Kshettra Samiti of the work specified in the underwritten memorandum within the time specified in such memorandum at the rates specified therein and in accordance with and in all respects withi the specifications; designs, drawing and instructions in writ- Ing referred to in para 1 thereof and in clause 2 of the conditions of contract and with such materials as are provided for by and in all other respects - in accordance with such conditions as far as applicable. # :
MEMORANDUM
(a) General description (a) If severable sub-works are included = they should be detailed in a sepa- (b) Estimate cost. rate list. .
(b) vide para A/D to please fill on (<) Earnest money. page Reivivins ., (© vide para A/D to please fill on % age RS . Pag 0 Time allowed for the work from date of written order to commence. o - months......
Item of work Approximate Unit per (a) Tendered . number b) Sanctioned date. " ... - or quantity E/) in (f) in words figures ......
Item no.
Rs, ——————tender at per cent above/below - the rates entered or.
————————tender at the aljove rates.
v v b v u y ¢ d d v .
d 0] =} g o o W I SR ST T, 1 W, 1985 Ty A8 by and fulfil all the terms and pro ed to the approved set of contract docy and pay to the Adhyaksha, Zila Ps 2 P bt : ) S: s, successors in office the sums of money mentinoned in the said conditio carnest money the full security deposit specified in clause 1 of the conditions of contract.
Dated the ..
" Rsheura Samiti.
clled the contractor) shall within fourteen days after his or their been accepted deposit with the Zila Parishad/Kshettra- Samiti called the Parishad/Kshetrn Samiti) either in cash or in .securiti Office Savings Bank deposit pledged in favour of Parishad/Kshettra Samiti or a fixed deposit reccipt of one of the Scheduled banks Parishad fKshettra Samiti, such sum as will wi with the tender amount: to rupee....:.
deposited is not payable to bearer, the contractor shall endorse or transfer it to the said Parishad/Kshettra Samiti in such manner th.
-sented by it can be realised without the consent or assistanc The contractor shall also permit Parishad/Kshettra Samiti at the time of A S I R I N ) hereby agree o abide ol the conditions tract annex- \ the conditions of con x rents or in default thereof to [orl'ch.l, wd/Pramukh, Kshettra Samiti or his Should this tender be aceepred .
ons The sum of Rs. is herewith, forwarded in currency mnotcs las lue of which shall be retained on account of the 198 Witness. .
Address. . s Occupation. .........
The above tender is hereby = Signature mnd Des ion Accepting Authority.
Ditedilitrs 5 o oo 5 srmdayiobs @ oo 5 . w008 I or We Strike out the alternative and affix signature to it.
‘Give particulars and numbers.
Signature of conuractor before submission of tenders.
Signature of witness to contractor's signature.
Here enter “Recommended” or “Not recommended” Signature.
' CONDITIONS OF CONTRAGT Clause 1-The person or persons whose tender is accepted (hercinafter tender has (hereinafter ies or Post Further deposit 1edu approved by the ith ‘the carnest money deposited --o--.....and where any security so at the sum repre- ¢ of the contractor.
making any payment to him for work done under the contract to deduct ten per cent of every such payment until* the sums so deducted- will, with the money or ........ .
AMOUNE 10} TUPE s cirecor0 mrersimiousiessamioiacsots which Ist mentioned sum s’ herein. Deduction after called “Sccurity” payable by the contractor to Parishad [Kshettra Samig "™ under the terms of this contract may be deducted from, of a sufficient ‘part of his sccurity :deposit or from the ‘interest from or from any sums which may,be duc or may become du, tractor hy “Parishad/Kshettra Samiti on any account whatsocve, event of his security being reduced by reasons of any such deduc as aforesaid the contractor shall within en days thes ealter Government securitics (endorsed or transferred ~ as “aforesaid Post Office Savings Bank or a fixed deposit in a scheduled bank the” Parishad/Kshetra Samiti *“deposit has been so reduced. o S from new sccurities deposited as. aforesaid, or paid ‘by the sale arising there- ¢ to the con- T and in the tion ‘or sale deposit in cash or or deposit in approved by his security . ¥ if necessary the, amount by which A » v oN s v s 50 ST SR ST A 1 a7, 1986 ‘Compensation for delay.
Action when sacurity deposit is forfeitcd.
i i he essence of the contract. The contractor shall -.ouufiiancmcc ?;fi_s’lll‘:.\,lxllec;sm%[lc(lc the wovfk covclr!'!g I{Yl_ “‘cl tender ;}:cg‘:md::fi ced by Tukhya Adhikavi/Khand Vikas Adhikari for the comm 3 plsn Bl )I work and shall in the interval between those dated -keep e s“cll ! liedule of quantities and dates shown in the progress fe ork o ikt s; by the contractor and attached to the |_cndcr._ l(_the Statement o bc. s:guco[ the progress statements cither in quantity or in time, ‘;‘mk [ln}ls‘g; '“:;f"r:hm. the work is so in arrear the contractor shall be liable :olcl"nymnecm)npélzls'\lion an_amount cqual Jo one l’?l‘; _F“""lm' s“lc"ci:ir:)‘x:uicr:
amount the Mukhya ;\rlhika.n/l\h:\n(l \|kqs Adhikari (w llosc v(Icl oo writing shall be final) may decide on the (csumnlc(l cost of the w lqdc " #
Provided always that the entire amount of compensation to be pai c«‘im c:
the provision of this clause shall not exceed ten per ‘cent of the estimated cos of the work as shown in the tender.
[Clause 2-B—To be used instead of 2 (a) when the letter is from the nature of the work impracticable]. N ¢ Clause 2-C—Time is the essence ol the contract. The contractor shall complete the work within :the "period specified in_the tender. Such period shall be reckoned from the date on which the order to commence work is given, to the contractor. The contractor shall at all time during such period proceed with the work with the diligence and he shall pay as compensation an amount equal to onc per cent or such smaller amount as the Mukhya Adhikari/Khand Vikas Adhikari (whose decision in writing shall be final) may decide on the amount of the estimated cost of the whole work as shown by ‘the tender- for every day that the work remains un-commenced, or unfinished after the proper dates.. And further, in order to ensure good progress during the execution of the work, the contractor ‘shall be bound in all cases in which the time allowed for any work exceeds one month to complete onefourth ol the value or quantity (as the Mukhya Adhikari/Khand. Vikas Adhikari may determine) of the whole of the work before onefourth of the whole time allowed under the contract elapsed; onehalf of the value or quantity (as the Mukhya Adhikari/Khand Vikas Adhikari may determine) of the work before one-half of such time has elapsed and three-fourth of the value or quantity (as the Mukhya Adhikari/Khand Vikas Adhikari may determine) of the work before three-fourth of such time has elapsed. If the contractor fails to comply with this condition -he shall be liable to pay as compensation an amount equal to one per cent or such smaller amount (as the Mukhya Adhikari/Khand Vikas Adhikari whose decision in writing shall be final) may decide on the said estimated cost of the whole work -for every day that the quantity of work remains incomplete. Provided ;always that the entire amount of compensation to be paid under the provision of this clause _lschajl ot exceed ten per cent on the estimated ‘cost:0f the work shown in the nder.
& . ¥ Clatise 3 (1) In'any case in which under any clause or clauses of the contract the contractor shall have v 0 rendered’ himself liable to pay compen- sation amounting to_the whole of his security deposit (whether paid in one sum or deducted by instalments) the Mukhya ‘Adhikari/Khand Vikas Adhikari shall have power to adopt such of the following courses as he -may deem best. (2) He may rescind the contract by giving' the contract notice o rescission signed by the Adhynkslm/Pmnymih %md may then take fl?fi whole ] ol’. lll(_: ~contractor’s security deposit * for the use of Parishad/ ngxlculll:-n Simiti as Colllpclls‘i\lioll for the loss caused by the contractors . (b) He may after giving’ 3 his _intention to do so, and Thep employ .and P ¢+ and carry out all. or the contractardays notice. in writing of measure up the work done by the contractor 2y labourers and supply or procure materials 2 any part of the work - himself on . behalf of the - Parishad/Kshettra San debiting th¢ contractor, with the actual “cost niti and crediting him at fhe contract rates with thie value of the work so done, and may Postpone till completion of the work so taken over ‘as ussement. of flie compensation o be paid’ by the contractor, “If an ificate in wriu'nlr’y (lhc Mokl Adhikari/Khand Vikas Adhikari cost arid v:nlug °l I‘:IC Mlfl(llya/\dh:kan/l{!flnd Vikas Adhikari, tractor, shall be final and conclusive against the “cons mmmfi‘lm"“—‘i! 1985 51 oticesin writi:
(@ He may after giving the con L;‘;{z f;‘y ool e of his intention to do so, mcasure up the worl for bos completion u;
take the work out of his hands a nd give & contract olrc doat }:“c ot another contractor and may postpone till the cy&ng the oviginal con’ the assessment of the compensation (0 be mAdl (yk'nri dtees ol wractor. If ‘the ;Mukhya Adhikari/Khand Vika s 4 .lllc eiainal som the completion of the work - to another contractor 2t E“IES;OI o tractor shall pay any expenses which may be mc‘“l“:l o tk had béen sum which would have been paid to him i the \V(IO“!{: kfi i carried out by him and a certificate’ in writing of” Mukhya i il Khand Vikas Adhikari shall be fin al and conclusive as against the original contractor as to the. amount of nllyvsucl\ expenses.
) _ ) 10 the Mukhyn Adhik; Khand 'Vikas Adhikari dpcsinol desire to do so the contractor shall not be entitle d to cmupcnsalloll»[fl\ any loss sus- . A tained by him by reason of his having purchased or procured any materials, or cntered . into any engagements or made any advances on account of or With a view 1o exccution of the work or the perfonna nce of the contract and Shall not be cntitled to recover ov be paid or be given credit for an y sum for any work thércfor actually performed by him under this contract, unless and until Mukhya Adhikari/ Khand Vikas Adhikari sha ll have certified in writing the performance of such work and value thereol the contrac tor shall only- be entitled to be paid.the value as so certified. * (8 If upon any occassion the Mukhya Adhikari/Khand Vikas Adhikari obstains from excrcising the powers given to him by this. clause such abstention shall not’ prevent him from excercising the powers upon 2 subsequent ./ occassion‘ if the contractor - again‘makes default; not shall such abstention absolve the contractor from liability . to pay compensation for any default which he may have made. L i .
Claisse 4—1f the Mukliya Adhikari/Khand Vikas Adhikari _exercise. any Contractor .
of the powers given to him by clause 3 he may if he 5o desires, take, possession —remains liable 16 of all or any tools, plant, materidls and stores in or upon thé works or the, . Pay compensation site thereof and belonging: to the contractor or procured by him and intended faken under.
to be used for the cxecution of the work or any part thereof, and pay.or allow clause'3.
the contractor for the some at the contract rate, or in case, of these not being applicable, at current market rates.’to be certified by the Mukhya Adhikari/ Khand Vikas Adhikari whose certificate thereof shall be final, and the Mukhya Adhikari, Vikas Adhikari docs not desirc.to do so he may by motice in writing to = the contractor or his clerks of the works, foreman. or other authorised agenit Te- poyersftoftake quire him to remové such tools, plant, materials or stores from the premises possession of or “(within a time to be specificd in sich notice) and if .the contractor fails to fequircmedtss comply ‘with any such ‘requisition the Mukhya Adhikari/Khand Vikas Adhikari femoval. o ors.
may remove them at the contractor’s expense and at his.tisk or sell them by Plnt.
auction or private sale on account of the contractor and at his risk in all respects, -~ aiid the certificate of the Mukhya Adhikari/Khand- Vikas. Adhikari as to the expenses of any such removal and the amounttof the ‘proceeds and expénses +of any such sale shall be final and conclusive against the contractor.
tractor .. Clause 5-1f the contracior deSires extenstion of the .time for completion | Extension of of the work on the ground:of any" unavoidable -hindranice, . to. its. execution, time .
having ariscn, he, shall , apply in"‘writing": to’ the. Mukhya Adhikari/Khand Vikas Adhikagi within thirty days from I te the’ existence’ of ‘such. hind- ~ rance first becomes known to him,: and :the " Mikhya "Adhikari/Khand , Vikas - - ' “findl) Teasonable grounds be g " i opinion-be - est ]x||)l'[0 ¢Zhin B atc will: ¢ giyen;nor,ghall} th ,Q[K tonsid “until-the contracior Tias remoyed, m-thedpreriiises on Wil executed all scaffolding, surplis material sand rubbish'~ar work, doors, windows, Wwalls, ofvotlier” pasts;,of about whichh-th !
[ v I 5 241 AT A, 1 Wi, 1985 22 4 1 4 ol the conditions, and s hercinalter provided or e the Gae ob any extin work ordered in pursuance not anentonel o provided lor in the ender, at the rate 161 auch work.
7 4 [ Clanse 12-10 (he spe tion or estimate of the _\vork l"n“dcsl"fi-]'rl }l,lu bs“’“p‘ai?'l.l'é/ | use of any special desaiption ol matcrials o be supplied from l:"cll iz had) By Sl N ¥ Ksheta Sawidii stores, on il it s required tha the contrs ctor shall yse ¢ > i Mores 1o be providad by the Pavishad, Kshetua Samiti* (such material f and stors and the prices 10 be charged therefor as herei mentioned S 1 far s practicable and Tor the convenience of the contractor specificd the Schedule heyeto aunesed hut not so as i any to control the meas Lol this con the conuretor shall be vsnppllunl . with such d stores ay may frem time to time be - required by him [1?\' the & purposes ol the contract but only for such purposes and he”shall pay for the > : spesificd in the said schedule or it no rate il so specified a s ! .
> - s so supplicd to the contractor will become the preperty of the contractor, but shall not on any account be removed from the of the 5 ok exeept wiihe her written permission ol the Mukhya Adhikavi/Khand ! until the whole work is «¢ cd Lo be completed by him and 5 ! ics be open o inspection by him. The Mukhya = Adhikavi Kl V7 masieri;
as Adhikari shall, however, have the option. to take over any such Is il unused at tlie time of the completion of termination ol the contract ai the specified rate or the current market rate whichever is less.
) ) Clause 13—All articles required ~by the contractor for the constraction of the work and which the contractor is to supply himself shall be obtained Dy the contractor from tie firms which the Parishad/Kshettra Samiti has made arrangements and if for the supply of any articles no such arrangements have -been made, any such articles supplied by the contractor shall confirm to such W 5 specification andjor tests if any, as may be prescribed by the Parishad/Kshettra Samiti g y - Clause 14—The contractor shall obtain from the stores of the Parisliad/ Stores imported Kshettra Samiti ali such imported stores or materials as may be required in c‘:umnlricsn::[mbe [ any considerable quintity lor the work of any part thereof or for making obtained from up articles required therefor or in connection therewith. The value of such Parishad/Kshetra stores and articles as may be supplied to the contractor by the Mukhya S2mi- ) Adhikari/Khand Vikas Adhikari will be debited to the contractor in his account " at the rates shown in the schedule attached to the contract and if they are not cntered with schedule they will be debited at the cost price, which for the purposes of this contract shall include the cost of carriage and all other ) expenses whatsoever which shall have been incurred in obtained delivery of the same at the stores aforesuid. - The Mukhya Adhikari/Khand Vikas Adhikari E may issuc materials to the contractor from existing stock if he asks for any . in excess of these enter in the schedule. In such cases the price charged will be the stock rate or the market rate whichever is greater.
) C{au.m l;—Tllc conllraclor. shall execute the whole and every part of the' ok o be work in the most substantial and work manlike manner and in every respect: executed in ) - in strict accordance with the specification both as regards materials and other. accordance with : wise. The contractor shall also confirm exactly fully, and faithtully to the SPEciieations ) designs, drawings and instructions in writing. relating (6 the work signed by the g{awmg el Mukhya Adhikari/Khand Vikas Adhikari lodged in his office, and the contrac- ) tor shall be entitled to inspect the same during office hours and may at his own expense have copies of the specifications and of all such designs drawing and ; instructions’as aforesaid made for his own use.
Clause 16—The Mukhya Adhikari/Khand Vikas Adhikari s to make such alteration in or additions to the original s[}cé i designs and instructions as may appear to him to be necessary or advisable ;<22 during the progress of the work, and the contractor shall be ‘bound to carry out the work in accordance with any instructions which may be given to him in writing signed by the Mukhya Adhikari/Khand Vikas Adhikari, and such * alterations shall not- invalidate the contract -and any additional work which the contractor may be so dirccted to do shall be carried out'by the contractor d . on the same conditions in all respects on which he ‘agreed to do to ‘the main il . .
hall have power Do not cations drawings invalidate -‘ | | IAT % 3 T AwE, 1 W, 1985 L5 3 H B or e the e NOL inentio 101 such wor Clan itions, 1 1y extra work ordered in pursuance gtlzl;echc‘t_:‘-[li-‘}';‘_; ifn';x Lor provided lor in the tende the rates hercina ¢ of the work provides for the Siores supsticd use of = Jion ol materials to be supplied [rom the Pavishad/ llzhclf'::‘gl;‘;":l/h Ksheuw s, on il it s requived that the contractor shall yse ce > i stores 10 be providad by the Pavishad,; Ksheta Samiti (‘S\IClI l-“"c"‘l ' dosteres and the prices 10 be charged therefor as hereinali n_uu‘uouc‘ > 0 far sy practicable and for the convenicnce of the conuractor specified in e Schedule heveto amexed but not so as in any wi y to control the meathe ¢ ctor shall be supplicd with such n time o time e required by him for the <t but only for such purposes and he s all pay qu the in the said schedule or if no rate il so specified at ning or vileat of o stores s may (o poses ol the com = ne at the e spee \ cost price.
. All n the contrs - / v - ’ erials so supplicd to the contractor will become the preperty of tor, but shall not on any account be removed from the sitc of the Work - exeept wih her wricten permission of the Mukhya Adhikari ! Vikas Adbikari until the whole work is certified 46 be completed by him and @i il times be open o inspection by him. The Mukhya = Adhikavij el Vikas Adiikari shall, however, have the option. to take over any such als il unused ac dlic time of the completion of termination ol the conat the specified rate or the current market rate whichever is less.
Clause - / 3—All articles required ~by the contractor for the constraction of the work and which the contractor is to supply himself shall be obtained by the contractor from tie firms which the Parishad/Kshettra Samiti has made arrangements and if for the supply of any articles no such arrangements have articles supplied by the contractor shall confirm to such ion andjor tests if any, as may be prescribed by the Parishad/Kshettra w ¢ -been made, any such ifi - Samiti.
Clause 14—The contractor shall obtain f Kshettra Samiti all such imported stores or any considerable quantity for the work of any part thereof or for making up articles required therelor -or in connection therewith. The value of sucl stores and articles s may be supplied to the contractor by the Mukhya Adhikari/Khand Vikas Adhikari will be debited to the contractor in his account at the rates shown in the schedule attached to the contract and if they are not entered with schedule they will bé debited at the cost price, which for the purposes of this contract shall include the cost of carriage and all other expenses whatsoever which shall have been incurred in obtained delivery of the same at the stores aloresaid. - The Mukhya Adhikari/Khand Vikas Adhikari may issuc materials to the contractor from existing stock if he asks for any in excess of these enter in the schedule. _In such cases the price charged will be the stock rate or the market rate whichever is greater.
Clause 15—The contractor shall exe " L e contAtLas execute the whole and cevery part of the' work (o be work in the most substan #nd work manlike manner and in every respect: executed in in strict accordunce with the specification both as regards materials and other- accordance with wise. The contractor shall also confirm exact ly fully and faithfully to the SPecifications ) designs, drawings and instructions in writing, relating to the worl: s‘ié:nci’l boy u:: drawing orders vom the stores of the Parishad/ Stores i"!:;:i"w materials as may be required in J:m i i - e W Mukhya Adhikari/Khand Vikas Adhikari lodged in his office, and the. contrac- o ) tor shall be entitled to inspect the same during office hours and may at his own expense have copies of the specifications and of all su P & ch designs drawing and ) . instructions’as aforesaid made for his own use.
Clause 16—The Mukhya Adhikari/Khand Vikas Adhikari shall have power Do mot to make such alteration in or additions to the orj : s v ginal specifications drawings invalidate designs and instructions as may appear to him to be necessara or advisable ottt : . during the progress of the work, and the contractor shall be ‘bound to carry ) 3 . out the work in accordance with any instructions which may be given to him | in writing signed by the Mukhya Ad| ari/Khand Vikas Adhika; i, -and such alterations shall not-invalidate the' contract and any additional work Which the contractor may be so dirccted to do shall be. carried out” by the contractor on the same conditions in all respects on which he ‘agreed to do to-the main 54 ST R4 AT T, 1 T, 1985 » § .
» » e No compensa- 14 tion for altcration in_or & restriction of y work to be : caried out.
y > ] > Action and compensation E payable in cass Y of bad work.
] 5 y ’ b ). Work 10 be opened to ' inspection.
) ) ] ) P ates as are specified in the ender for the main work.
The time for the completion of tho work shall be extended in the proportion that the additional work bears to the oviginal contract work, u the cert of the Muklya Adhikari/Khand Vikas Adhikari shall be conclusive as to sucl proportion. If the additional work include any item for which no rate is specified. hereunder then the contractor shall out the work at the rate i i entered in the Schedule of vate of the District but il the li‘l::cmirr‘!sf:nscq::,- schedule does not contain any rate for such work, then enceof alteratiors, he contractor shall not begin such work until a raw in respect of such work been settled by mutual agreement hetween him and the Mukhya AdhikarijKhand Vikas Adhikari, and il they are unable to agree upon a rate within two weeks from the date when the, contractor received the order the Mukhya Adhikari/Khand Vikas Adhikari may work,.and at the same ¥ Rates for addi- by a notice in writing cancel the order for such work tional works not and cany it out such ‘manner he may think best.
oo iae In the event of a dispute, the decision of the Adhyaksha/ of the district. Pramukh shall be final and binding on the contractor.
Clause-17—The Mukhya Adhikari/Khand Vikas Adhikari, -acting on_the written orders of his immediate superior, may at any time by notice in writing to the contractor cither stop the work altogether or reduce or out it down.
If the work is stopped altogether the contractor will only be paid for work done and expenses legitimately incurred by him on. or preparation for the exccution of the work up to the date on which such notice is received by him.
Such expenses shall be assessed by the Mukhya Adhikari/Khand Vikas -Adhi- Kari, whose decision shall be final and binding on the contractor. " If the work is cut down the contractor will be paid for the work as so cut down but in neither case will be paid any-compensation whatever for the loss of profits which he might have made il he had been allowed to complete all the: work included in the tender.
Clausc-18—If the Mukhya Adhikari/Khand Vikas Adhikari is satisfied that the construction of any part of the work is faulty or that the materials used in the same are inferior to these for which the specificition provides or that any materials or articles provided by the contractor or not in accordance with the contract, he may, notwithstanding that such work, materials or articles may have been passed, certified or paid for serve the contractor with notice in writing specifying the work materials’ or articles of which he complains and requiring the contractor to remedy such defects or to replace such-materials orarticles within a specified period of time.
If the contractor fails to comply, in all respects with the requirements of any such notice within ten days after the expiration of the period specified in that notice, the Mukhya Adhikari/Khand Vikas Adhikari may himsclf remedy such defects, or as the case may be replace such materials or articles, and the .contractor shall pay, all expenses incurred by the Mukhya Adhikari/ Kiand Vikas Adhikari in so doing and the certificate i writing of the Mukhya Adhikari/Khand Vikas Adhikari as to the amount of any such expense shall Le final and binding upon the contractor. T Clause-19—All works under or in course of cxecutioin or. exccuted in pursuance of the contract shall at all times be opcned for irfspection and supervision by the Mukhya Adhikari/Khand Vikas Adhikari or his subordinates and the contractor shall at all times during the usual working hours, and as any other occasion of which he shall have had reasonable notice, either Lisascll be present to receive orders and instructions, . or have responsible agent duly accredited in 'writing present for the purposc. . Orders given to any such agent shall have the same elfect as orders given to the contractor himself.
l(19./\', No labourer below the age of 12 years shall be employed on the work, 3 19-B—The contractor shall pay to his labourers a fair wage.
19-C—The contractor before he commences work shall - ¢ (a) post in a conspicuous place on the works notice giving the rates ‘of wages, and .
‘(b) send a copy ‘of the notice to Mukhya Adhikn}i/Klmml Vikas Adhikari. » * mode may be provided by the Mukhya Adhikari/Khand Vik:
* public:from accident and shail bear. the expenses ITR A A W, | W, 1985 » 55 Clause 20—In order that the work may be measured nut'l lhc)’::ll')l‘rf\‘;l l‘]‘\‘( mensions thereol taken, the contractor shall not cover up .“Il‘yl l.‘h“ elthicr same or otherwise place it beyond reach of measurcment unti d“‘l ) s Adhi- obtained the consent in writing of the Mukhya Adhikari/Khand Vi ! to, the kari or his subowdinate in charge of the work ov until be gtven to, Mukhya AdhikavizKhand Vi dhikari to such subordinate.
Five days notice in writing that the work is veady for mc:n;m:uu.l‘l‘l.uml‘l e contractor covers up any work or pl it beyond reach of n..lc‘nlc[.s 1 went without such cousent and before the expiration of the period G Bich notice, the contractor shall cither, as he nv v elect, strip Sl_lcll work his ow ;I expense in order that it may be measured ov shall forfeii the price ol such work and of the materi used in s construction.
Clanse 21—All works 1o be exceuted under the contract shall be cxun‘uc(l under the direction and subject to the approval in all respects of the n\luFl\ya Adhikari/Klund Vi Adhikari or his subordinate in chang of the work for the time Leing who shall be entitled to direct at which point or poi s and i what mauner they are to be commenced. andd from time to time carried on.
Clause 22—Except where otherwise specified in the contract. the decision of the Mukhya Adh /Khand Vi ui for tlie time being shall be final, condusive and binding on all paitics to the contract upon all’ quicstions relating to the meaning of the specilications, desi; drawing and instructions hereinbefore mentioned. The decision - of Mukhya Adhikari;Khand Vik Adhikari as to the quality of workmanship or cliimed right mattcr or thing whatsoever in any way arising out of or relating to the contract, _ designs, dryings, specifications, estimates, instructions, order or these conditions, or otherwise concerning the works of the cxecution or failure to exccute the same whether arising during the progress of the work or after the completion or abondonment of the contract by the contractor, shall also be final, conclusive and binding on the contractor.
Clause 25—If the contractor or his work people or servants shall break, deface, injury or destroy any part of a building in which they may be working or any building, road, fence, enclosure or gross laid or cultivated ground contiguous to the premises on which the work or any part executed or if any damage shall happen to the work while is any cause due to the negligence of responsibility or any imperfections become apparent in it within six months after a certificate final- or other of its completion has been given as aforesaid the contractor shall at his own expenses muke good such damages, or in default, the Mukhya Adhikari/Khand Vikas Adhikari may cause the expense so incumred and the certificate of the Mukhya Adhikari/Khand Vikas Adhikari as to the amount of such expenses shall be final and binding .on the contractor.
of its is being progress from Clause 24—The contractor shall supply at his own cost all material: cept such special materials, if any, as may in accordance be supplied from the Parishad/Kshettra Samiti, Slores), plant, tools, appliances, implements ladders, cordage, tackle, scaffolding and temporary works ' requi- site or proper for the proper exccution of the work whether original, altered or substituted and whether included in the specification or other documents forming part of the contract or referred to in these conditions or not or which may be neecessary for the purpose of satisfying or complying with the require- ments of the Mukhya Adhikari/Khand Vikas Adhikari as to any matter as to which under these conditions he is entitled to be satisfied or which he is entitled to require, and shall pay for the carriage of all such things to and from the work. The contractor shall also supply without charge’ workmen with the means and materials necessary for the purpose of setting out works, and for counting, weighing and assisting in the measurement or exam of the work, or materials at any time. If the contractor s (exwith the contract t hation fails to do so," the as Adhikari and he Mukhya Adlii- The contractor to protect the of ‘every “suit, Y person for the contractor shall pay the cost of the same on certified by kari/Khand Vikas Adhikari, whose certificate shall be final, shall also provide all necessary fancing and lights required of .defence w that may be brought by action or other proceeding at Contractor or responsible agent 10 be presented.
Notic 10 be given before the worl coveredup.
Decision of Mukhya Adhikari Khand Vikas Adhikari to be final.
Contractor liable for damages done and for imperfections for six months after certificate.
Contractor to supply Plant, Ladders Scaflolding etc.
Aid liable for damage arising from non provision of light fancing, elc, 56 ST ST AT T 1 AT 19985 ing lo neglect of the above pre wions, and shall pay any B e wanded in any such suit, action or proceed- ¢ witiy the consent of the conwractor be y such person.
sustained o and costs which may ¢ such person.ov which v | Lo compromise any claim by Ay Work not v Clause 95—The contragtor shall not asign or sublet the contract withsub-let.
< out the written approval of the Mukhya Adhika iKhand Vik Adhi nd it the contractor does or aucmpt s (o do or bec omes insolvent or comme nces 1w iisclvaney progecdings ov makes atempts make any composition wi th o o he or any of his servis OF AKCIS cither directlyorindirectly gives clforts or premises any b gratity, gilt, perquisite, xewird of advantage, pecuniary O otherwise 1o any ollicer or person i the employ, of Parishad/Rshett ra Samiti in any way relating to his officc or employment or it any such officer or person shall bec ome m any way directly or Indiveatly interested in the contract W hout having first obtained the permission in writing ol the Parishad/Kshettra Samiti the Mukhya Adhikari/Khan d Contract may Vikas Adhiks (hereupon by motice it writing rescind the contract, and Do "75'"°j}cp§;‘i§‘ the sccurity degosited of the contracto r shall thereupon stand forfeited and be forfeited fot absolutely at the disposal ot th e Parishid/Kshettra Samiti znd the same: consesudleting brbiaz quences shall ensuc as il the contrack had been rescined under clause 3 cantractor ot t 5 1in s . ractor shall not be enti rCCOVe 3 Eecosinsatve 30 hereof, and in addition to ghe contrictor st entitled to recover or be paid for any work herelor actual ly- performed under the contract.
‘.lsluf':’rt’gi"‘f :Y Clause 26—Any sum payable by the cont ractor as compensation under any sagm o b";w: = of these conditions shall be deemed to b e reasonable compensation for the act onsidered . as of default in respect of whicly the same hecomes payable without proof ot the reasonable. amount of damage of loss sustained.
compensation 5 without reference to Actual Loss.
actu i Clause 27—In the case of a tender by partners, the contractor shall state of the names of members of the firm a nd shall notify to the Mukhya Adhikar ijKhand Vikas Adhikari any change in the constitution of the firm as soon as ‘such change occurs.
: :
Action where Y Clause 28—In the case of any class of work for Wl hich no specification_is no specification. mentioned in the contract such work shal l be carried out in accordance with the district specification, and if there is no d istrict specification, the work shall be carried out in all respects in accorda nce with instructions and requirements of the Mukhya Adhikari/Khand Vikas Adhi kari. s vg;fmlifln of Clause 29—In these conditions unless there is something in the subject s or context. repugnant to such an interpretation, the expressions ‘work’ or “work’ mean the work to be done or exccuted under the contract whether such work is permanent or temporary and whether, it is original, altered, substituted. or additional. " Contractor’s percentzge Clause 30—The additions and deductions on account of the percentage :vl\uhu afil;:si referred to at page 3 of the accepted tender will be calcu lated- on the gross, 0 net or i < E to net o ¢ bills) and not the net amounts of the bills for the wor k done.
(strike out this .
clause in the case % of an item rate, g contract).
Clause 31—(I) In cvery casc in which by virtue of the provisions of section 1 _of section 12 of the Workmen's Compensation Act, 1932, the Parishad /Kshettra Samiti is obliged to pay compensation to 2 workmen' e mployed by the contractor by any sub-contractor from him in the execution of the work, Parishad/Kshettra Samiti will recover [rom the contractor the “mount of compensation as paid, and without prejudice to the xights of thie Parishad/Kshettra Samiti under sub-sectioin (2) of section 12, of the said Act, Parishad/Kshettra Samiti shall be at liberty to recover such amount or any part thereof deducting it- cither from the security meney - deposited, by the ‘contractor or to his credit clause 1 of these conditions, ot from any other svm due by Parishad/Kshcttra Samiti to t ie contractor whether under this’ cont ract or otherwise.
T SR ST A, 1A, 1985 57
(2) Parishad/Kshettra Samiti shall not })c bound to c:;:;csAlfl aer)l();eclt:\::
i made against it under sub-section (i) of section 12 of the sa e Pml:l o § 3 the written request of the contractor and upon l‘us giving d(;( o liad E Kshettra Samiti full security for all costs for which pan§ha /Kshet miti might become liable in consequence of contesting the claim.
Clause 32—Notwithstanding anything stipulated in the aforesaid clauses, Parishad/Kshettra Samiti shall have power to retain any s\m) .d.\lt"lo lthe‘tolntractor and set off all claims against him (them) whether arising lg“bol the particular contract or out of any other transaction or contract hel y him/ - them alone of in partnership with others.
. FORM NO. W-4 Tt - (See RULE 27) ‘i Register of accepted contracts :
. a4 Name Estimated Date of Date of Date of Persons Reference Reference Authority L of amount approval issue receipt. receiving to the containing accepting - g Project of of notice of tender scaled file where the tender comparative recomstatement mendation of tenders of engineer has been resnonsible ny | placed - for ct execution % he of work _ ; tender calling tender o i form tender ® 7 8 9 ate % = .
ich vith « hall « ° :nts .
iject " or N ;_‘:; Reference Register Date of -Date of Extension—Extract of time rate 3 : & regarding no. of commen- com- S o —————Date of Name Remarks reasons the cement pletion Reason By whom Amount record- of - tage for not contract of work of recom- involved ing officer — accepting extension mcndc_d 'Nl{mber comple- prepar- 085, “the lower period of sanction- ofitems tion ing tender extension ing - report . comple- : authority tion ~ report.
10 11 1% 13 14 15 16 17 18 19 3 of 3 R = 58 : e s sraTTe T, 1 AT, 1985 FORM NO. W-5 .
(See RuLE 32) Statement of receipts credited to, and expendi ture incurred on behalf of the Zila Pari shad| Kshettra Samiti :Iy;,;mgh £ by the Publitz Works , Irrigation or Local-Self Government Engineering Department Branch, Uttar Pradesh, during the Month .
d to Zila Parishad-Kshet tra Samiti Receipts credite Nature of receipt Amount Date on which credited Remarks to the treasury of the Bank 1 2# 3 4 Details ‘as required. .
Expenditure Amount received from Expenditure Balance the Board Class and name of work Balance Amount Total Progres- Amount At the Remarks at the received sive spent end of end of the during total of during the previous the the the month months month amount month received - progresfromthe sive Z.P.[K. expen- Samiti diture upto upto date date 1 2 3 4 5 6. 7.8 A—Buildings— -
(a) Original Works— k @ + (i) . % .
(iii) (So many- as may, be necessary) ®) ’ [ON
(i)
(i) .
(So many as nray be necessary) : . & B—Communication—
(a) Originl works (In similar detail) -
(b) Repairs (in similar details)— .
C—Miscellaneous Public Tmprovements
(a) Original works (in similar details)
(b) Repairs (in similar details) N
(c) Arboriculture— ~ (Other_ heads as required)— s i 8 Contribution for establishment.
. ) Contribution for tools and plant. P o @ IR AR AT W, 1 0, 1985 3 59 FORM NO. W-6 (See RuLs 33) (Register of works costing less than Rs. 10,000) Serial Name of work Standard Order Agency Orders No. Amount Date of Remarks no. estimate sanction- doing sanction- and compleing the the ing the datc of tion cstimatc works agency payment of ~ voucher contract 1 2 3 4 s 6 7 8 9 10 Notes—(1) Tn complete works should be carried over to the nextyear account with the total of cxpenditure up to the.end of the present year.
(2) A few lines are. less than half a page should ordinarily suffice for each work.
FORM NO. W-6-A (See RULE 33) (Register of works cosing Rs. 10,000 and above)
1. Name of the work 2 Amount of the estimate together with the number and date of the order sanctioning the estimate = "3. Name of the agency doingthe work
4. Number, date and amount of the cortract
5. Date by which the work is agreed to be. completed
6. Amount of the year’s sanction- Month No.and 1 2 -3 . -4 date of —— - Total Re- Bill Quantity Amount Quantity Amount Quantity Amount Quantity - marks . ’ Amount ’ Expenditure Rs. P. Rs. P. Rs. P. Rs. P up to the end of the previous year Progressive Totel carried over. 4 s . . FORM NO. W-7 (See RuLu'36) .
Measurement--Book B TN X Details of actual measurement Particulars Contents or arca No. . L. B. . D/H ;