indian railway general condition july 2013

8/12/2019 Indian railway General Condition July 2013

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Hkkjr ljdkj Government Of India

jsy ea =ky; Ministry Of Railways

¼jsyos cks MZ½ (Railway Board)

Indian Railways

Standard

General Conditions Of Contract

July 2013

New el!i

Engineering Department



Indian Railways Standard General Conditions Of Contract – July 2013

As On 30th June 2013 Pae 1

Indian Railways

STANDARD GENERAL CONDITIONS OF CONTRACT

July 2013

I N D E X

PART - I

REGULATIONS FOR TENDERS AND CONTRACTS

Para Subje! Pa"e

I#$e% 1

1! &ea#'#" O( Ter)* "

1!1 Inter#retation "

1!2 $efinition "

1!3 Sinular And Plural %

Cre$e#!'al* O( C+#!ra!+r* %

2! A##lication &or Reistration %

3! 'ender &or(s )

*! O(ission And $iscre#ancies )

+! ,arnest -oney )

"! Care In Su.(ission Of 'enders /

C+#*'$era!'+# O( Te#$er* /

%! Riht Of Railway 'o $eal ith 'enders /

%A! 'wo Pacets Syste( of 'enderin /

C+#!ra! D+u)e#!* 10

)! ,ecution Of Contract $ocu(ents 10

/! &or( Of Contract $ocu(ents 10

A##e%ure* , 11

AnneureI 'ender &or( 4 11

&irst Sheet 11

Second Sheet 12

'hird Sheet 1+

AnneureII Aree(ent &or 5one Contract 1"

AnneureIII or Order 6nder 5one Contract 1%

AnneureI7 &or( &or Contract Aree(ent Of ors 1/

Anneure7 or Order &or ors – Contractor8s Aree(ent 20

Anneure7I or Order &or ors – Schedule 22

Continued 99!





PART - II


Para Subje! Pa"e

1! De('#'!'+#* A#$ I#!erre!a!'+# 23

:1; $efinitions 23

:2; Sinular And Plural 2*

:3; <eadins And -arinal <eadins 2*

Ge#eral Obl'"a!'+#* 2*

2! ,ecution= CoRelation And Intent Of General $ocu(ents 2*

3! :1; >aw Go?ernin 'he Contract 2+

:2; Co(#liance 'o Reulations And @ye>aws 2+

*! Co((unication 'o @e In ritin 2+

+! Ser?ice Of otices On Contractors 2+

"! Occu#ation And 6se Of >and 2+

%! Assin(ent Or Su.>ettin Of Contract 2+

)! Assistance @y 'he Railway &or 'he Stores 'o @e O.tained @y 'heContractor

2+

/! Railway Passes 2"

10! Carriae Of -aterials 2"

11! 6se Of @allast 'rain 2"

12! Re#resentation On ors 2"

13 Relics And 'reasures 2"

1*! ,ca?ated -aterial 2"

1+! Inde(nity @y Contractors 2"1"! :1; Security $e#osit 2"

:2; reco?ery Of Security $e#osit 2%

:3; Interest On A(ount 2%

:*; Perfor(ance Guarantee 2%

1%! &orce -aBeure Clause 2/

1%A! 'i(e 'o @e ,ssence ,tension Of 'i(e 2/

:i; ,tension $ue 'o -odification 2/

:ii; ,tension &or $elay ot $ue 'o RailwayDContractor 2/

:iii; ,tension Of 'i(e &or $elay $ue 'o Railway 2/

1%@! ,tension Of 'i(e &or $elay $ue 'o Contractor 30

1)! :1; :2; Illeal Gratification 30

E%eu!'+# O( .+r/* 30

1/! :1; ContractorEs 6nderstandin 30

:2; Co((ence(ent Of ors 31

:3; Acce#ted Prora((e Of ors 31

:*; Settin Out Of ors 31

20! :1; Co(#liance 'o ,nineerEs Instructions 31

:2; Alterations 'o @e Authorised 31

:3; ,tra ors 31

:*; Se#arate Contracts In Connection ith ors 31

21! Instructions Of ,nineerEs Re#resentati?e 32





Para Subje! Pa"e

22! :1; Adherence 'o S#ecification And $rawins 32

:2; $rawins And S#ecifications On 'he ors 32

:3; Ownershi# If $rawins And S#ecifications 32

:*; Co(#liance ith ContractorEs ReFuest &or $etails 32:+; -eanin And Intent Of S#ecifications And $rawins 32

23! orin $urin iht 32

2*! $a(ae 'o Railway Pro#erty Or Pri?ate >ife And Pro#erty 32

2+! Sheds= Stores<ouses And ards 33

2"! Pro?ision Of ,fficient And Co(#etent Staff At or Sites @y Contractor 33

2"A! $e#loy(ent Of Hualified ,nineers At or Sites @y Contractor 33

2%! :1; or(anshi# And 'estin 3*

:2; Re(o?al Of I(#ro#er or And -aterials 3*

2)! &acilities &or Ins#ection 3*

2/! ,a(ination Of ors @efore Co?erin 6# 3*

30! 'e(#orary ors 3*

31! :1; Contractor 'o Su##ly ater &or ors 3*

:2; ater Su##ly &ro( Railway Syste( 3*

:3; ater Su##ly @y Railway 'rans#ort 3+

:*; :A; Contractor 'o Arrane Su##ly Of ,lectric Power &or ors 3+

:@; ,lectric Su##ly &ro( 'he Railway Syste( 3+

32! Pro#erty In -aterials And Plants 3+

33! :1; 'ools= Plant And -aterials Su##lied @y Railway 3+

:2; <ire Of Railway Plant 3+

3*! :1; Precautions $urin Proress Of ors 3+

:2; Roads And ater Courses 3"

:3; Pro?ision Of Access 'o Pre(ises 3"

:*; Safety Of Pu.lic 3"

3+! 6se Of ,#losi?es 3"

3"! :1; :2; Sus#ension Of or 3"

:3; Sus#ension >astin -ore 'han 'hree -onths 3"

3%! Rates &or Ite(s Of ors 3%

3)! $e(urrae And harfae $ues 3%

3/! Rates &or ,tra Ite(s Of ors 3%

*0! :1; <andin O?er Of ors 3)

:2; Clearance Of Site On Co(#letion 3) ar'a!'+#* I# E%!e#! O( C+#!ra! 3)

*1! -odification 'o Contract 'o @e In ritin 3)

*2! :1; :2; Power Of -odifications 'o Contract 3)

:3; 7aluation Of 7ariations 3)

:*; 7ariations In Huantities $urin ,ecution Of ors Contracts 3/

*3! Clai(s *0

:1; -onthly State(ent Of Clai(s *0

:2; Sinin Of 8o Clai( Certificate8 *0

&ea*ure)e#! Cer!'('a!e* A#$ Pay)e#!* *0

**! Huantities In Schedule Anneed 'o Contract *0*+! -easure(ents Of ors *0




As On 30th June 2013 Pae *

Para Subje! Pa"e

*"! :1; On Account Pay(ents *1

:2; Roundin Off A(ounts *1

:3; On Account Pay(ents ot PreBudicial 'o &inal Settle(ent *1

:*; -anner Of Pay(ent *1*"A! Pr'e ar'a!'+# Clau*e PC *1

1! A##lica.ility *1

2! @ase -onth *1

3! 7alidity *2

*! to "! Co(#onents Percentaes *2

%! &or(ulae etc! *2

)! Price 7ariation $urin ,tended Period Of Contract **

/! Price 7ariation $urin ,tended Period Of Contract **

10! Price 7ariation $urin ,tended Period Of Contract *+

*%! -aintenance Of ors *+

*)! :1; Certificate Of Co(#letion Of ors *+

:2; Contractor ot A.sol?ed @y Co(#letion Certificate *"

*/! A##ro?al Only @y -aintenance Certificate *"

+0! :1; -aintenance Certificate *"

:2; Cessation Of Railway8s >ia.ility *"

:3; 6nfulfilled O.liations *"

+1! :1; &inal Pay(ent *"

:2; Post Pay(ent Audit *%

:3; Re#ay(ent Of Security $e#osit *%

+1A! Production Of 7ouchers ,tc! @y 'he Contractor *%

+2! ithholdin And >ien In Res#ect Of Su(s Clai(ed *%

+2A! >ien In Res#ect Of Clai(s In Other Contracts *)

+3! Sinature On Recei#ts &or A(ounts *)

Lab+ur *)

+*! aes 'o >a.our *)

+*A! A##rentices Act */

++! Pro?isions Of Pay(ents Of aes Act */

++A! Pro?isions Of Contract >a.our :Reulation And A.olition; Act= 1/%0 */

++@! Pro?isions of ,(#loyees Pro?ident &und and -iscellaneous Pro?isions Act= 1/+2

+0

+"! Re#ortin Of Accidents 'o >a.our +0+%! Pro?ision Of or(enEs Co(#ensation Act +0

+%A! Pro?ision Of -ines Act +0

+)! Railway ot 'o Pro?ide Huarters &or Contractors +0

+/! :1; >a.our Ca(#s +1

:2; Co(#liance 'o Rules &or ,(#loy(ent Of >a.our +1

:3; Preser?ation Of Peace +1

:*; Sanitary Arrane(ents +1

:+; Out.rea Of Infectious $iseases +1

:"; 'reat(ent Of ContractorEs Staff In Railway <os#itals +1

:%; -edical &acilities At Site +1:); 6se Of Intoicates +2




As On 30th June 2013 Pae +

Para Subje! Pa"e

:/; on,(#loy(ent Of &e(ale >a.our +2

:10; Restriction On 'he ,(#loy(ent Of Retired ,nineers Of RailwaysSer?ices ithin 'wo ears Of 'heir Retire(ent

+2

"0! :1; on,(#loy(ent Of >a.our @efore 'he Ae Of 1+ ears +2

:2; -edical Certificate Of &itness &or >a.our +2

:3; Period Of 7alidity Of -edical &itness Certificate +2

:*; -edical Re,a(ination Of >a.our +2

De!er)'#a!'+# O( C+#!ra! +3

"1! :1; Riht Of Railway 'o $eter(ine Contract +3

:2; Pay(ent On $eter(ination Of Contract +3

:3; o Clai( On Co(#ensation +3

"2! :1; $eter(ination Of Contract Owin 'o $efault Of Contractor +3

:2; Riht Of Railway After Rescission Of Contract Owin 'o $efault OfContractor

++

Se!!le)e#! O( D'*u!e* ++

"3! -atters &inally $eter(ined @y 'he Railway ++

"*! :1; $e(and &or Ar.itration +"

:2; O.liations $urin Pendency Of Ar.itration +"

:3; A##oint(ent Of Ar.itrator +"

:*;= :+;= :"; :%; Ar.itral Award General +)

"+! J+'#! e#!ure J F'r)* I# .+r/* Te#$er* +)

Partici#ation Of Joint 7enture :J7; &ir(s In ors 'ender +)

1! to *! Identity -e(.ers of J7 &ir( +)

+! ,arnest -oney $e#osit :,-$; +)

"! >ead -e(.er +)%! to 11! Constitution of J7 and -O6 .y J7 -e(.ers +)

12! J7 Aree(ent +/

13! to 1*! Authorised -e(.ers +/

1+! $ocu(ents 'o @e ,nclosed Alonwith 'ender +/

1"! Credentials Hualifyin Criteria 4 'echnical ,lii.ility Criteria and&inancial ,lii.ility Criteria

"0

A##e%ure* , "2

Anneure7II Perfor(a &or 'i(e ,tension "2

Anneure7III Certificate Of &itness "3

AnneureIK Perfor(a Of % $ays8 otice "*

AnneureK Perfor(a Of *) <rs! otice "+

AnneureKI Perfor(a Of 'er(ination otice ""

Reister Of Correction Sli#s "%




As On 30th June 2013 Pae "

PART-I

REGULATIONS FOR TENDERS AND CONTRACTS

FOR T4E GUIDANCE OF ENGINEERS 5 CONTRACTORS FOR .OR6S CONTRACTS

&EANING OF TER&S

171 I#!erre!a!'+# , 'hese Reulations for 'enders and Contracts shall .e read inconBunction with the General Conditions of Contract which are referred to herein and shall .esu.Bect to (odifications additions or su##ression .y s#ecial conditions of contract andDor s#ecials#ecifications= if any= anneed to the 'ender &or(s!

172 De('#'!'+# , In these Reulations for 'enders and Contracts the followin ter(s shallha?e the (eanins assined hereunder ece#t where the contet otherwise reFuires!

:a; LRailway shall (ean the President of the Re#u.lic of India or the Ad(inistrati?e Officersof the Successor Railway authoriMed to deal with any (atters= which these #resents areconcerned on his .ehalf!

:.; LGeneral -anaer shall (ean the OfficerinChare of the eneral su#erintendence andcontrol of the 5onal RailwayDProduction 6nits and shall also include the General -anaer:Construction; and shall (ean and include their successors= of the Successor Railway!

:c; LChief ,nineer shall (ean the Officer in chare of the ,nineerin $e#art(ent of ,astCentral Railway and shall also include the Chief ,nineer :Construction;= Chief ,lectrical,nineer= Chief ,lectrical ,nineer :Construction;= Chief Sinal 'eleco( ,nineer=Chief Sinal 'eleco( ,nineer :Construction; and shall (ean and include theirsuccessors of the Successor Railway!

:d; L$i?isional Railway -anaer shall (ean the Officer in chare of a $i?ision of the 5onalRailway and shall (ean and include the $i?isional Railway -anaer of the SuccessorRailway!

:e; L,nineer shall (ean the $i?isional ,nineer or the ,ecuti?e ,nineer= $i?isionalSinal 'eleco((unication ,nineer= $i?isional Sinal 'eleco((unication ,nineer:Construction;= $i?isional ,lectrical ,nineer and $i?isional ,lectrical ,nineer:Construction;= in eecuti?e chare of the wors and shall include the su#erior officers ofthe ,nineerin= Sinal 'eleco((unication= and ,lectrical $e#art(ents of Railway= i!e!the Senior $i?isional ,nineerD$e#uty Chief ,nineerDChief ,nineerDChief,nineer:Construction;=Senior $i?isional Sinal 'eleco((unication ,nineer D$y!Chief Sinal 'eleco((unication ,nineer D $y! Chief Sinal 'eleco((unication,nineer:Construction;= Senior $i?isional ,lectrical ,nineer D $e#uty Chief ,lectrical,nineer D $y!Chief ,lectrical ,nineer :Construction; D and shall (ean and include the,nineers of the Successors Railway!

:f; L'enderer shall (ean the #erson D the fir( D coo#erati?e or co(#any whetherincor#orated or not who tenders for the wors with a ?iew to eecute the wors oncontract with the Railway and shall include their #ersonal re#resentati?es= successorsand #er(itted assins!

:; L>i(ited 'enders shall (ean tenders in?ited fro( all or so(e Contractors on thea##ro?ed or select list of Contractors with the Railway!

:h; LO#en 'enders shall (ean the tenders in?ited in o#en and #u.lic (anner and withadeFuate notice!

:i; Lors shall (ean the wors conte(#lated in the drawins and schedules set forth inthe tender for(s and reFuired to .e eecuted accordin to the s#ecifications!




As On 30th June 2013 Pae %

:B; LS#ecifications shall (ean the s#ecifications for -aterials and wors of the Railway ass#ecified in PartIII of the ors <and @oo issued under the authority of the Chief,nineer or as a(#lified= added to or su#erseded .y s#ecial s#ecifications if any=a##ended to the 'ender &or(s!

:; LSchedule of Rates of the Railway shall (ean the Schedule of Rates issued under the

authority of the Chief ,nineer fro( ti(e to ti(e!:l; L$rawins shall (ean the (a#s= drawins= #lans and tracins or #rints thereof anneed

to the 'ender &or(s!

173 ords i(#ortin the sinular nu(.er shall also include the #lural and ?ice ?ersa wherethe contet reFuires!

CREDENTIALS OF CONTRACTORS

27 Al'a!'+# F+r Re"'*!ra!'+# ,

271 ors of construction and of su##ly of (aterial shall .e entrusted for eecution tocontractors whose ca#a.ilities and financial status ha?e .een in?estiated and a##ro?ed to thesatisfaction of the Railway! &or this #ur#ose= list of a##ro?ed contractors shall .e (aintained inthe Railway! 'he said list .e re?ised #eriodically once in a year or so .y i?in wide #u.licitythrouh ad?ertise(ents etc!

A Contractor includin a contractor who is already on the a##ro?ed list shall a##ly to the nearestGeneral -anaer :Construction;= Chief Ad(inistrati?e Officer :Construction;= $i?isional Railway-anaer= Chief ,nineerDChief ,nineer :Construction;= Chief Sinal 'eleco((unication,nineerDChief Sinal 'eleco((unication ,nineer :Construction; and Chief ,lectrical,nineerDChief ,lectrical ,nineer :Construction;= furnishin #articulars reardin 4

:a; his #osition as an inde#endent contractor s#ecifyin ,nineerin oraniMation a?aila.lewith details or Partners D Staff D ,nineers e(#loyed with Fualifications and e#erienceN

:.; his ca#acity to undertae and carry out wors satisfactorily as ?ouched for .y ares#onsi.le official or fir(= with details a.out the trans#ort eFui#(ents= constructiontools and #lants etc!= reFuired for the wor (aintained .y hi(N

:c; his #re?ious e#erience of wors si(ilar to that to .e contracted for= in #roof of whichoriinal certificates or testi(onials (ay .e called for and their enuineness ?erified= ifneeds .e= .y reference to the sinatories thereofN

:d; his nowlede fro( actual #ersonal in?estiation of the resources of the areaDMone orMones in which he offers to worN

:e; his a.ility to su#er?ise the wor #ersonally or .y co(#etent and duly authoriMed aentN

:f; his financial #ositionN

:; AuthoriMed co#y of the current inco(eta Clearance Certificate!

272 An a##licant shall clearly state the cateories of wors and the Area D 5one D $i?ision:s; D $istrict:s; in which he desires reistration in the list of a##ro?ed contractors!

273 'he selection of contractors for enlist(ent in the a##ro?ed list would .e done .y aco((ittee for different ?alue sla.s as notified .y Railway!

278 An annual fee as #rescri.ed .y the Railway fro( ti(e to ti(e would .e chared fro(such a##ro?ed contractors to co?er the cost of sendin notices to the( and clerae for tendersetc!

279 'he list of a##ro?ed contractors would .e treated as confidential office record!




As On 30th June 2013 Pae )

TENDERS FOR .OR6S

37 Te#$er F+r) , 'ender &or(s shall e(.ody the contents of the contract docu(entseither directly or .y reference and shall .e as #er s#eci(en for(= AnneureI! 'ender &or(sshall .e issued on #ay(ent of the #rescri.ed fee to the a##ro#riate contractors on the list of

a##ro?ed contractors! Contractors not on the list of a##ro?ed contractors= will on #ay(ent of the#rescri.ed fees= .e furnished with tender for(s and they shall .e reFuired to su.(it e?idencereardin their financial status= #re?ious e#erience and a.ility to eecute the wors!

87 O)'**'+#* 5 D'*rea#'e* , Should a tenderer find discre#ancies in or o(issionsfro( the drawins or any of the 'ender &or(s or should he .e in dou.t as to their (eanin= heshould at once notify the authority in?itin tenders who (ay send a written instruction to alltenders! It shall .e understood that e?ery endea?our has .een (ade to a?oid any error whichcan (aterially affect the .asis of tender and successful tenderer shall tae u#on hi(self and#ro?ide for the ris of any error which (ay su.seFuently .e disco?ered and shall (ae nosu.seFuent clai( on account thereof!

97 Ear#e*! &+#ey ,

:1; :a; 'he tenderer shall .e reFuired to de#osit earnest (oney with the tender for the due#erfor(ance with the sti#ulation to ee# the offer o#en till such date as s#ecified in thetender= under the conditions of tender! 'he earnest (oney shall .e as under 4

alue O( T:e .+r/ Ear#e*! &+#ey De+*'! E&D

A! &or wors esti(ated tocost u# to Rs! 1 crore

2 of the esti(ated cost of the wor

@! &or wors esti(ated tocost (ore than Rs! 1 crore

Rs! 2 lah #lus :half #ercent; of the ecessof the esti(ated cost of wor .eyond Rs!1 croresu.Bect to a (ai(u( of Rs! 1 crore

'he earnest (oney shall .e rounded to the nearest Rs!10! 'his earnest (oney shall .ea##lica.le for all (odes of tenderin!

:.; It shall .e understood that the tender docu(ents ha?e .een soldDissued to the tendererand the tenderer is #er(itted to tender in consideration of sti#ulation on his #art= thatafter su.(ittin his tender he will not resile fro( his offer or (odify the ter(s andconditions thereof in a (anner not acce#ta.le to the ,nineer! Should the tenderer failto o.ser?e or co(#ly with the said sti#ulation= the aforesaid a(ount shall .e lia.le to .eforfeited to the Railway!

:c; If his tender is acce#ted this earnest (oney (entioned in su. clause :a; a.o?e will .eretained as #art security for the due and faithful fulfill(ent of the contract in ter(s of

Clause 1" of the General Conditions of Contract! 'he ,arnest -oney of other 'enderersshall= sa?e as herein .efore #ro?ided= .e returned to the(= .ut the Railway shall not .eres#onsi.le for any loss or de#reciation that (ay ha##en thereto while in their#ossession= nor .e lia.le to #ay interest thereon!

:2; :a; 'he ,arnest -oney should .e in cash or in any of the followin for(s 4

L'he ,arnest -oney should .e in cash or in the for( of de#osit recei#ts= #ay orders orde(and drafts eecuted .y State @an of India or any of the ationaliMed @ans or .y aScheduled @an!

:.; ,arnest (oney (ay .e acce#ted in the followin for(s 4

:i; A de#osit in cash

:ii; Go?ern(ent securities at + .elow the (aret ?alue

:iii; $e#osit recei#ts or de(and drafts of the ationaliMed @an




As On 30th June 2013 Pae /

:i?; A de#osit in the Post Office Sa?in @an

:?; ational Sa?ins Certificates

:?i; 'wel?e ear ational $efence Certificates

:?ii; 'en ear $efence $e#osits

:?iii; ational $efence @onds

:i; ational Sa?ins Certificates=

:; 'i(e $e#osit Account which ca(e into force on 1"!03!1/%0 and notified under-inistry of &inance= otification o!&3 :%; SD%0= dated 2)!02!%0

:i; IR&C @onds

N+!e , :?i; to :?iii; these CertificatesD@onds (ay .e acce#ted at their surrender ?alue!

;7 Care I# Sub)'**'+# O( Te#$er* ,

:a; @efore su.(ittin a tender= the tenderer will .e dee(ed to ha?e satisfied hi(self .yactual ins#ection of the site and locality of the wors= that all conditions lia.le to .e encountereddurin the eecution of the wors are taen into account and that the rates he enters in the

tender for(s are adeFuate and all inclusi?e to accord with the #ro?isions in Clause3% of theGeneral Conditions of Contract for the co(#letion of wors to the entire satisfaction of the,nineer!

:.; hen wor is tendered for .y a fir( or co(#any of contractors= the tender shall .esined .y the indi?idual leally authoriMed to enter into co((it(ents on their .ehalf!

:c; 'he Railway will not .e .ound .y any #ower of attorney ranted .y the tenderer or .ychanes in the co(#osition of the fir( (ade su.seFuent to the eecution of the contract! It(ay= howe?er= reconiMe such #ower of attorney and chanes after o.tainin #ro#er lealad?ice= the cost of which will .e charea.le to the contractor!

CONSIDERATION OF TENDERS

<7 R'":! O( Ra'l=ay T+ Deal .'!: Te#$er* , 'he Railway reser?es the riht of notto in?ite tenders for any of Railway wor or wors or to in?ite o#en or li(ited tenders and whentenders are called to acce#t a tender in whole or in #art or reBect any tender or all tenderswithout assinin reasons for any such action!

<A7 T=+ Pa/e!* Sy*!e) +( Te#$er'#" , 'he #rocedure detailed .elow shall .eado#ted for dealin with Q'wo Pocets Syste(8 of 'enderin 4

<A71 ith a ?iew to assess the tenders technically without .ein influenced .y the financial.ids= E'wo Pacets Syste( of tenderinE shall .e ado#ted! In this syste(= the tenderersshall su.(it their FuotationsDoffers in two sealed en?elo#esN with one co?er containinthe 'echnical Co((ercial offers and the other co?er containin the &inancial @ids! 'he

first #acet shall .e with the o.Becti?e of scrutinisin the ca#a.ility= #ossession ofa##ro#riate (achinery eFui#(ents= financial strenth= e#erience etc! of thetenderers!

<A72 'he technical details and co((ercial conditions shall .e read out .efore the tenderersor their re#resentati?es at the ti(e of o#enin of tenders and the sa(e shall .ee?aluated .y the 'ender Co((ittee! If the offers are found acce#ta.le .y theco(#etent authority :as #rescri.ed .y Railway @oard fro( ti(e to ti(e for theesti(ated ?alue of tender in?ited;= the second #acet shall .e o#ened and the tendersshall .e #rocessed for finalisation in the nor(al (anner!

<A73 <owe?er= if on the .asis of infor(ation contained in the first #acet= the 'enderCo((ittee needs clarification reardin desins= s#ecifications etc!N discussions shall .e

held with each indi?idual #artyD tenderer after o.tainin a##ro?al of the Co(#etent Authority!





<A78 E'wo Pacets Syste(E of tenderin shall .e resorted to for technoco((ercialconsideration in ors Contract 'enders of ?alues as co((unicated .y Railway @oardfro( ti(e to ti(e on the su.Bect!

Authority 4 Railway @oardEs letter no! /*DC,IDC'D* Pt!1%= ew $elhi= $ated 13!0)!2012

CONTRACT DOCU&ENTS

>7 E%eu!'+# +( C+#!ra! D+u)e#! , 'he 'enderer whose tender is acce#ted shall .ereFuired to a##ear in #erson at the office of General -anaerDGeneral -anaer :Construction;=Chief Ad(inistrati?e Officer :Construction;= $i?isional Railway -anaer or concerned ,nineer=as the case (ay .e= or if a fir( or cor#oration= a duly authoriMed re#resentati?e shall so a##earand eecute the contract docu(ents within % days after notice that the contract has .eenawarded to hi(! &ailure to do so shall constitute a .reach of the aree(ent affected .y theacce#tance of the tender in which case the full ?alue of the earnest (oney acco(#anyin thetender shall stand forfeited without #reBudice to any other rihts or re(edies!

In the e?ent of any tenderer whose tender is acce#ted shall refuse to eecute the

contract docu(ent as here in .efore #ro?ided= the Railway (ay deter(ine that such tendererhas a.andoned the contract and there u#on his tender and acce#tance thereof shall .e treatedas cancelled and the Railway shall .e entitled to forfeit the full a(ount of the ,arnest -oney andto reco?er the da(aes for such default!

?7 F+r) O( C+#!ra! D+u)e#! , ,?ery contract shall .e co(#lete in res#ect of thedocu(ent it shall so constitute! ot less than 2 co#ies of the contract docu(ent shall .e sined.y the co(#etent authority and the contractor and one co#y i?en to the contractor!

:a; &or 5one contracts= awarded on the .asis of the #ercentae a.o?e or .elow theSchedule of Rates of Railway for the whole or #art of financial year= the contract aree(entreFuired to .e eecuted .y the tenderer whose tender is acce#ted shall .e as #er s#eci(enfor(= AnneureII! $urin the currency of the 5one Contract= wor orders as #er s#eci(en for(

AnneuresIII or I7= for wors not eceedin Rs!2=00=000 each= shall .e issued .y the $i?isionalRailway -anaer D ,ecuti?e ,nineer under the aree(ent for 5one Contract!

:.; &or contracts for s#ecific wors= ?alued at (ore than Rs!2=00=000 the contract docu(entreFuired to .e eecuted .y the tenderer whose tender is acce#ted shall .e either an Aree(entas #er s#eci(en for( AnneureI7= or a wor order as #er s#eci(en for( Anneure7 as (ay.e #rescri.ed .y the Railway!





ANNEXURE - I

@@@@@@@@@@@@ RAIL.A

TENDER FOR& F'r*! S:ee!

'ender o! TTTTTTTTTTTTTTTTTTTT

a(e Of or TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

'o

'he President of India

Actin throuh the TTTTTTTTTTTTTTTTTTTT

TTTTTTTTT Railway

IDe TTTTTTTTTTTTTTTTTTTT ha?e read the ?arious conditions to tender attachedhereto and aree to a.ide .y the said conditions! IDe also aree to ee# this tender o#en foracce#tance for a #eriod of TTTTTTTT days fro( the date fied for o#enin the sa(e and indefault thereof= IDe will .e lia.le for forfeiture of (yDour L,arnest -oney! IDe offer to do thewor for TTTTTTT Railway= at the rates Fuoted in the attached schedule and here.y .ind(yselfDoursel?es to co(#lete the wor in all res#ects within TTTTTTTTTTTT (onths fro( thedate of issue of letter of acce#tance of the tender!

27 IDe also here.y aree to a.ide .y the Indian Railways General Conditions Of Contract2011= with all correction sli#s u#todate and to carry out the wor accordin to the S#ecialConditions of Contract and S#ecifications of (aterials and wors as laid down .y Railway in the

anneed S#ecial ConditionsDS#ecifications= Schedule of Rates with all correction sli#s u#todatefor the #resent contract!

37 A su( of Rs! TTTTTTTTTTT is herewith forwarded as ,arnest -oney! &ull ?alue of theearnest -oney shall stand forfeited without #reBudice to any other riht or re(edies in case(yDour 'ender is acce#ted and if 4

:a; IDe do not eecute the contract docu(ents within se?en days after recei#t of noticeissued .y the Railway that such docu(ents are readyN and

:.; IDe do not co((ence the wor within fifteen days after recei#t of orders to that effect!

87 6ntil a for(al aree(ent is #re#ared and eecuted= acce#tance of this tender shallconstitute a .indin contract .etween us su.Bect to (odifications= as (ay .e (utually areed to

.etween us and indicated in the letter of acce#tance of (yDour offer for this wor!

Sinature of itnesses 4:1; TTTTTTTTTTTTTTTTTTT

:2; TTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTT

Sinature of 'enderer:s;

$ate TTTTTTTTTTTTTTTT

Address of the 'enderer:s;

TTTTTTTTTTTTTTTTTTTTTT





ANNEXURE - I :Contd! 9;

TENDER FOR& Se+#$ S:ee!

17 I#*!ru!'+#* T+ Te#$er* A#$ C+#$'!'+#* O( Te#$er , 'he followin docu(entsfor( #art of 'ender D Contract 4

:a; 'ender for(s – &irst Sheet and Second Sheet

:.; S#ecial ConditionsDS#ecifications :enclosed;

:c; Schedule of a##roi(ate Fuantities :enclosed;

:d; General Conditions of Contract and Standard S#ecifications for -aterials and ors ofIndian Railway as a(endedDcorrected u#to latest Correction Sli#s= co#ies of which can.e seen in the office of TTTTTTTTTTTTTT or o.tained fro( the office of the Chief,nineer= TTTTTTTTTTTT Railway on #ay(ent of #rescri.ed chares!

:e; Schedule of Rates as a(ended D corrected u#to latest Correction Sli#s= co#ies of whichcan .e seen in the office of TTTTTTTTTTTTTTTT or o.tained fro( the office of the Chief,nineer= TTTTTTTTTTTTTTTT Railway on #ay(ent of #rescri.ed chares!

:f; All eneral and detailed drawins #ertainin to this wor which will .e issued .y the,nineer or his re#resentati?es :fro( ti(e to ti(e; with all chanes and (odifications!

27 Dra='#"* F+r T:e .+r/ , 'he $rawin for the wor can .e seen in the office of the TTTTTTTTT and D or Chief ,nineer= TTTTTTTTTTTT Railway at any ti(e durin the office hours!'he drawins are only for the uidance of 'enderer:s;! $etailed worin drawins :if reFuired;.ased enerally on the drawin (entioned a.o?e= will .e i?en .y the ,nineer or hisre#resentati?e fro( ti(e to ti(e!

37 'he 'enderer:s; shall Fuote his D their rates as a #ercentae a.o?e or .elow the Schedule

of Rates of TTTTTTTTTTTT Railway as a##lica.le to TTTTTTTTTTTT $i?ision ece#t whereheDthey are reFuired to Fuote ite( rates and (ust tender for all the ite(s shown in the Scheduleof a##roi(ate Fuantities attached! 'he Fuantities shown in the attached Schedule are i?en asa uide and are a##roi(ate only and are su.Bect to ?ariation accordin to the needs of theRailway! 'he Railway does not uarantee wor under each ite( of the Schedule!

87 'enders containin erasures and D or alterations of tender docu(ents are lia.le to .ereBected! Any correction (ade .y tender:s; in hisDtheir entries (ust .e attested .y hi( D the(!

97 'he wors are reFuired to .e co(#leted within a #eriod of TTTTTTTT (onths fro( thedate of issue of acce#tance letter!

;7 Ear#e*! &+#ey ,

:a; 'he tender (ust .e acco(#anied .y a su( of Rs! TTTTTTTTT as earnest (oneyde#osited in cash or in any of the for(s as (entioned in QReulations &or 'enders And Contracts8for the uidance of the ,nineers and Contractors= failin which the tender will not .econsidered!

:.; 'he 'enderer:s; shall ee# the offer o#en for a (ini(u( #eriod of /0 days fro( thedate of o#enin of the 'ender! It is understood that the tender docu(ents ha?e .eensoldDissued to the 'enderer:s; and the 'enderer:s;= is D are #er(itted to tender in considerationof the sti#ulation on his D their #art that after su.(ittin his D their tender su.Bect to the #eriod.ein etended further= if reFuired .y (utual aree(ent fro( ti(e to ti(e= he will not resilefro( his offer or (odify the ter(s and conditions thereof in a (anner not acce#ta.le to theChief ,nineerD$y!Chief ,nineerD$i?isional ,nineer of TTTTTTTTTTT Railway= Should thetenderer fail to o.ser?e or co(#ly with the foreoin sti#ulation= the a(ount de#osited as

,arnest -oney for the due #erfor(ance of the a.o?e sti#ulation= shall .e forfeited to theRailway!





:c; If the tender is acce#ted= the a(ount of ,arnest -oney will .e retained and adBusted asSecurity $e#osit for the due and faithful fulfill(ent of the contract! 'his a(ount of Security$e#osit shall .e forfeited= if the 'enderer:s;DContractor:s; fail to eecute the Aree(ent @ondwithin % days after recei#t of notice issued .y Railway that such docu(ents are ready or toco((ence the wor within 1+ days after recei#t of the order to that effect!

:d; ,arnest -oney of the unsuccessful tenderer:s; will= sa?e as herein.efore #ro?ided= .ereturned to the unsuccessful tenderer:s; within a reasona.le ti(e= .ut the Railway shall not .eres#onsi.le for any loss or de#reciation that (ay ha##en to the Security for the due#erfor(ance of the sti#ulation to ee# the offer o#en for the #eriod s#ecified in the tenderdocu(ents or to the ,arnest -oney while in their #ossession nor .e lia.le to #ay interestthereon!

<7 R'":!* O( T:e Ra'l=ay T+ Deal .'!: Te#$er , 'he authority for the acce#tance ofthe tender will rest with the Railway! It shall not .e o.liatory on the said authority to acce#tthe lowest tender or any other tender and no tenderers:s; shall de(and any e#lanation for thecause of reBection of hisDtheir tender nor the Railway to assin reasons for declinin to consideror reBect any #articular tender or tenders!

>7 If the tenderer:s; deli.erately i?es D i?e wron infor(ation in his D their tender orcreates D create circu(stances for the acce#tance of his D their tender= the Railway reser?es theriht to reBect such tender at any stae!

?7 If the tenderer:s; e#ires after the su.(ission of his D their tender or after theacce#tance of his their tender= the Railway shall dee( such tender cancelled! If a #artner of afir( e#ires after the su.(ission of their tender or after the acce#tance of their tender= theRailway shall dee( such tender as cancelled= unless the fir( retains its character!

107 I#+)e Ta% Cleara#e Cer!'('a!e , 'he tenderer:s; isDare reFuired to #roducealonwith hisDtheir tender an authorised co#y of the Inco(e'a Clearance certificate or a swornaffida?it duly countersined .y the Inco(e 'a Officer to the effect that he hasDthey ha?e notaa.le inco(e!

117 Te#$ererB* Cre$e#!'al* , $ocu(ents testifyin tenderer8s #re?ious e#erience andfinancial status should .e #roduced alonwith the tender or when desired .y co(#etentauthority of the Railway!

'enderer:s; who has D ha?e not carried out any wor so far on TTTTTTTTT Railway and who is Dare not .orne on the a##ro?ed list of the Contractors of TTTTTTTT Railway should su.(italonwith his D their tender credentials to esta.lish 4

:i; <is ca#acity to carry out the wors satisfactorily!

:ii; <is financial status su##orted .y @an reference and other docu(ents!

:iii; Certificates duly attested and testi(onials reardin contractin e#erience for thety#e of Bo. for which tender is in?ited with list of wors carried out in the #ast!

127 'ender (ust .e enclosed in a sealed co?er= su#erscri#ted L'ender o! TTTT and (ust.e sent .y reistered #ost to the address of TTTTTTTTTTTTTTTTT Railway so as to reach hisoffice not later than TTTTT <ours on the TTTTTTTTTTTTTTTTTT or de#osited in the s#ecial .oallotted for the #ur#ose in the office of TTTTTTTTTTTTTTTTTT Railway! 'his S#ecial .o will .esealed at TTTTT hours on TTTTTTTTTTTTT! 'he tender will .e o#ened at TTTTT hours on thesa(e day! 'he tender #a#ers will not .e sold after TTTTTT hours on TTTTTTTTTTT!

137 onco(#liance with any of the conditions set forth therein a.o?e is lia.le to result inthe tender .ein reBected!

187 E%eu!'+# O( C+#!ra! D+u)e#!* , 'he successful 'enderer:s; shall .e reFuired toeecute an aree(ent with the President of India actin throuh the TTTTTTTTTTTTT=

TTTTTTTTT Railway for carryin out the wor accordin to General Conditions of Contract=S#ecial Conditions D S#ecifications anneed to the tender and S#ecification for wor and(aterials of Railway as a(endedDcorrected u#to latest Correction Sli#s= (entioned in tenderfor( :&irst Sheet;!




As On 30th June 2013 Pae 1*

197 Par!#er*:' Dee$* P+=er O( A!!+r#ey E!7 , 'he tenderer shall clearly s#ecifywhether the tender is su.(itted on his own or on .ehalf of a #artnershi# concern! If the tenderis su.(itted on .ehalf of a #artnershi# concern= he should su.(it the certified co#y of#artnershi# deed alonwith the tender and authoriMation to sin the tender docu(ents on .ehalfof #artnershi# fir(! If these docu(ents are not enclosed alonwith tender docu(ents= thetender will .e treated as ha?in .een su.(itted .y indi?idual sinin the tender docu(ents! 'he

Railway will not .e .ound .y any #ower of attorney ranted .y the tenderer or .y chanes inthe co(#osition of the fir( (ade su.seFuent to the eecution of the contract! It (ay= howe?er=reconiMe such #ower of attorney and chanes after o.tainin #ro#er leal ad?ice= the cost ofwhich will .e charea.le to the contractor!

1;7 'he tenderer whether sole #ro#rietor= a li(ited co(#any or a #artnershi# fir( if theywant to act throuh aent or indi?idual #artner:s; should su.(it alon with the tender or at alater stae= a #ower of attorney duly sta(#ed and authenticated .y a otary Pu.lic or .y-aistrate in fa?our of the s#ecific #erson whether heDthey .e #artner:s; of the fir( or anyother #erson s#ecifically authorisin hi(Dthe( to su.(it the tender= sin the aree(ent= recei?e(oney= witness (easure(ents= sin (easure(ent .oos= co(#ro(ise= settle= relinFuish anyclai(:s; #referred .y the fir( and sin o Clai( Certificate and refer all or any dis#utes toar.itration!

1<7 E)l+y)e#!Par!#er*:' E!7 O( Re!'re$ Ra'l=ay E)l+yee* ,

:a; Should a tenderer .e a retired enineer of the GaMetted ran or any other GaMettedofficer worin .efore his retire(ent= whether in the eecuti?e or ad(inistrati?e ca#acity orwhether holdin a #ensiona.le #ost or not= in the ,nineerin or any other de#art(ent of any ofthe railways owned and ad(inistered .y the President of India for the ti(e .ein= or should atenderer .ein #artnershi# fir( ha?e as one of its #artners a retired enineer or retired GaMettedOfficer as aforesaid= or should a tenderer .ein an incor#orated co(#any ha?e any such retiredenineer or retired officer as one of its $irectors or should a tenderer ha?e in his e(#loy(entany retired ,nineer or retired GaMetted Officer as aforesaid= the full infor(ation as to the dateof retire(ent of such ,nineer or GaMetted Officer fro( the said ser?ice and in case where such,nineer or Officer had not retired fro( Go?ern(ent ser?ice at least 2 years #rior to the date of

su.(ission of the tender as to whether #er(ission for tain such contract= or if the contractor.e a #artnershi# fir( or an incor#orated co(#any= to .eco(e a #artner or $irector as the case(ay .e= or to tae the e(#loy(ent under the contractor= has .een o.tained .y the tenderer orthe ,nineer or Officer= as the case (ay .e fro( the President of India or any officer= dulyauthorised .y hi( in this .ehalf= shall .e clearly stated in writin at the ti(e of su.(ittin thetender! 'enders without the infor(ation a.o?e referred to or a state(ent to the effect that nosuch retired ,nineer or retired GaMetted Officer is so associated with the tenderer= as the case(ay .e= shall .e reBected!

:.; Should a tenderer or contractor .ein an indi?idual on the list of a##ro?ed Contractors=ha?e a relati?e:s; or in the case of #artnershi# fir( or co(#any of contractors one or (ore of hisshareholder:s; or a relati?e:s; of the shareholder:s; e(#loyed in aMetted ca#acity in the,nineerin or any other de#art(ent of the TTTTTTTTTTTTT Railway= the authority in?itin

tenders shall .e infor(ed of the fact at the ti(e of su.(ission of tender= failin which the tender(ay .e disFualifiedDreBected or if such fact su.seFuently co(es to liht= the contract (ay .erescinded in accordance with the #ro?ision in Clause "2 of the General Conditions of Contract!

:Sinature;

:$esination;

TTTTTTTTTTTTT Railway

Sinature of 'enderer:s;

$ate TTTTTTTTTTTTTTT




As On 30th June 2013 Pae 1+

ANNEXURE - I :Contd! 9;

TENDER FOR& T:'r$ S:ee!

Na)e O( .+r/ , TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

SC4EDULE OF RATES AND UANTITIES

S>Ite(o!

$escri#tion Of Ite( Of or A##roi(ate

Huantity6nit

Rates In &iures And ords

:Rs!;

A(ount

:Rs!;

1 2 3 * + " %

'he Fuantities shown in a.o?e Schedule are a##roi(ate and are as a uide to i?e thetenderer:s; an idea of Fuantu( of wor in?ol?ed! 'he Railway reser?es the riht to increaseDdecrease andDor delete or include any of the Fuantities i?en a.o?e and no etra rate will .eallowed on this account!

IDe undertae to do the wor at TTTTTTTTTT a.o?eD.elow the Schedule of Rates ofthe TTTTTTTTTTT Railway as a##lica.le to TTTTTTTTTTTTTTTTTTTTTTTTT $i?ision or at the ratesFuoted a.o?e for each ite(!

$ated TTTTTTTTTTTTTT

Sinature of the 'enderer:s;

ote 4 Colu(ns 1 to + shall .e filled .y the office of the Authority in?itin tender! Colu(ns " % shall .e filled .y the 'enderer:s; only when #ercentae tenders are not in?ited!




As On 30th June 2013 Pae 1"

ANNEXURE II

AGREE&ENT FOR ONE CONTRACT

CO'RAC' AGR,,-,' o!TTTTTTTTTTTTTT= $A',$ TTTTTTTTTTTTT! AR'IC>,S O& AGR,,-,' (ade this TTTTTTTTTTTTTT day of TTTTTTTTTTTTTT .etween the President ofIndia actin throuh the TTTTTTTTTTTTTTTTT= TTTTTTTTTTTTT Railway hereinafter called theRailway of the other #art and TTTTTTTTTTTTTTTTTTTTTTTTTTT hereinafter called theContractor of the other #art!

<,R,AS the Contractor has areed with the Railway durin the #eriod of TTTTT(onths fro( TTTTTTTTTTTTTT to TTTTTTTTTTTTTTTTT for the #erfor(ance of 4

:a; ew ors= additions and alterations to eistin structures= s#ecial re#air wors andsu##ly of .uildin (aterials su.Bect to the contract ?alue for such wors not eceedin Rs!

TTTTTTT!

:.; All ordinary re#air and (aintenance wors at any site .etween ilo(etre TTTTTTTTTT andilo(etre TTTTTTTTT as will .e set forth in the wor orders :which wor orders shall .e dee(edand taen to .e #art of this contract; that will .e issued durin the said #eriod at TTTTTTTa.o?eD.elow the Schedule of Rates of the TTTTTTTTTTTTT Railway= corrected u# to the latestCorrection Sli#s and Standard S#ecifications of the TTTTTTTTTTTTT Railway corrected u#to latestCorrection Sli#s and the S#ecial Conditions and S#ecial S#ecifications= if any in confor(ity withthe drawins :if any; that will .e issued with the wor order= aforesaid A$ <,R,AS the#erfor(ance of the said wor is an act in which the #u.lic are interested!

O '<IS I$,'6R, PR,S,'S I',SS,'< 'hat in consideration of the #ay(entto .e (ade .y the Railway= the Contractor will duly #erfor( the wors set forth in the said orOrder and shall eecute the sa(e with reat #ro(#tness= care and accuracy= in a wor(an lie(anner to the satisfaction of the Railway and will co(#lete the sa(e on or .efore the res#ecti?e

dates s#ecified therein in accordance with the said s#ecifications and said drawins :if any; andsaid conditions of contract and will o.ser?e= fulfill and ee# all the conditions therein (entioned=:which shall .e dee(ed and taen to .e #art of this contract as if the sa(e had .een duly setforth herein;= A$ the Railway .oth here.y aree that if the Contractor shall duly #erfor( thesaid wor in the (anner aforesaid and o.ser?e and ee# the said ter(s and conditions= theRailway will #ay or cause to .e #aid to the Contractor for the said wors on the co(#letionthereof the a(ount due in res#ect thereof at the rates s#ecified a.o?e!

Contractor TTTTTTTTTTTTTTT $esination TTTTTTTTTTT Railway

Address TTTTTTTTTTTTTTTTT :&or President of India;


itnesses :to sinature of contractor; 4

Sinature of witnesses with address TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

$ate TTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

Sinature of witnesses with address TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

$ate TTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT




As On 30th June 2013 Pae 1%

ANNEXURE - III

.OR6 ORDER UNDER ONE CONTRACT

ORU OR$,R O!TTTTTTTTT= $A',$ TTTTTTTT 6$,R CO'RAC' AGR,,-,' O!TTTTTT TTTTTTTTTTTTTTTTTTT= $A',$ TTTTTTTTT!

a(e Of or TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT :S I ' ,; TTTTTTTTTTTTTTTTTTTTT

Schedule Of $rawins TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

Authority TTTTTTTTTTTTTTTTTTTTTTTTTTTT Allocation TTTTTTTTTTTTTTTTTTTTTTTTT

'he Contractor:s; TTTTTTTTTTTTTTTTTTTTTTTTTTTT is D are here.y ordered to carry outthe followin wors atTTTTTTTT a.o?eD.elow the Schedule Of Rates of TTTTTTTTRailwaycorrected u#to latest Correction Sli#s of TTTTTTTTTTT $i?ision under 5one Contract Aree(ent

herein.efore referred to 4

S>Ite(o!

$escri#tion Of Ite( Of or A##roi(ate

Huantity6nit

Rates In &iures And ords

:Rs!;

A(ount:Rs!;

1 2 3 * + " %

'otal A##roi(ate 7alue Of or V Rs! TTTTTTTTTTTT

W 'his should .e rate of $i?ision concerned!'he wors herein (entioned are reFuired to .e co(#leted on or .efore TTTTTTTT :$ate;! 'heFuantities #ro?ided herein are a##roi(ate and su.Bect to ?ariation under Clause *2 of theGeneral Conditions of Contract corrected u#to latest Correction Sli#s!

$i?isional Railway -anaerD$i?isional TTTTTTTTTT ,nineer

TTTTTTTTTTTTTTT $i?ision

TTTTTTTTTTTTTTTTTT Railway

$ate TTTTTTTTTTT for President OfIndia




As On 30th June 2013 Pae 1)

I aree to co(#lete the wors herein set forth on or .efore the date s#ecified under the5one Contract Aree(ent herein .efore referred to in confor(ity with the drawins heretoanneed and in accordance with the General and S#ecial :if any; Conditions of Contractcorrected u#to latest Correction Sli#s and the Standard S#ecifications of TTTTTTTTT Railway with

u#todate Correction Sli#s!I also aree to (aintain such wors for the #eriod s#ecified .elow fro( the date of

co(#letion 4

:a; Re#air and (aintenance wor includin whiteDcolour washin 4 three calendar(onths fro( date of co(#letion!

:.; All new wors ece#t earth wor 4 Si calendar (onths fro( date of co(#letion!

Contractor TTTTTTTTTTTTTTT :Sinature; Railway 4 $esination TTTTTTTTTTTTT

:&or President of India;

Address TTTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTT

$ate TTTTTTTTTTTTT $ate TTTTTTTTTTTTT

Sinature of .'!#e**e* :to Sinature ofcontractor; with address

.'!#e**e* 4

1! TTTTTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTT


TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT



2! TTTTTTTTTTTTTTTTTTTTTTTTTTTTT









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ANNEXURE - I

@@@@@@@@@@@ RAIL.A

CONTRACT AGREE&ENT OF .OR6S

CO'RAC' AGR,,-,' O! TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT $A',$ TTTTTTTTTTT

AR'IC>,S O& AGR,,-,' (ade this TTTTTTTTT day of TTTTTTTTT 20TTT .etweenPresident of India actin throuh the Railway Ad(inistration hereafter called the Railway of theone #art and TTTTTTTTTTTTTTTTTTTTTTTTTTTherein after called the Contractor of other #art!

<,R,AS the Contractor has areed with the Railway for #erfor(ance of the wors TTTTTTTTTTTTTTTTTTTTT set forth in the Schedule hereto anneed u#on the General Conditions

of Contract 2010 corrected u#to latest Correction Sli#s and the S#ecifications of TTTTTTTTTTTTTRailway corrected u#to the latest Correction Sli#s and the Schedule of Rates of TTTTTTTTTTTRailway= corrected u#to latest Correction Sli#s and the S#ecial Conditions and S#ecialS#ecifications= if any and in confor(ity with the drawins hereinto anneed A$ <,R,AS the#erfor(ance of the said wors is an act in which the #u.lic are interested!

O '<IS I$,'6R, I',SS,'< that in consideration to the #ay(ents to .e (ade.y the Railways= the Contractors will duly #erfor( the said wors in the said schedule set forthand shall eecute the sa(e with reat #ro(#tness= care and accuracy in a wor(an lie (annerto the satisfaction of the Railway and will co(#lete the sa(e in accordance with the saids#ecifications and said drawins and said conditions of contract on or .efore the TTTTTT day of

TTTTTTTTTTT 20TTT and will (aintain the said wors for a #eriod of TTTTTTTTCalendar (onthsfro( the certified date of their co(#letion and will o.ser?e= fulfill and ee# all the conditionstherein (entioned :which shall .e dee(ed and taen to .e #art of this contract= as if the sa(eha?e .een fully set forth herein;= A$ the Railway= .oth here.y aree that if the Contractor shallduly #erfor( the said wors in the (anner aforesaid and o.ser?e and ee# the said ter(s andconditions= the Railway will #ay or cause to .e #aid to the Contractor for the said wors on thefinal co(#letion thereof the a(ount due in res#ect thereof at the rates s#ecified in the Schedulehereto anneed!

Contractor TTTTTTTTTTTTTTT :Sinature; Railway 4 $esination TTTTTTTTTTTTT

:&or President of India;

Address TTTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTT

$ate TTTTTTTTTTTTT $ate TTTTTTTTTTTTT

Sinature of .'!#e**e* :to Sinature ofcontractor; with address 4

.'!#e**e* 4











ANNEXURE-

.OR6 ORDER FOR .OR6S

:7alued at o?er Rs! 2=00=00;

ORU OR$,R O!TTTTTTTTT= $A',$ TTTTTTTT 6$,R CO'RAC' AGR,,-,' O!TTTTTT TTTTTTTTTTTTTTTTTTT= $A',$ TTTTTTTTT!

a(e Of or TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT :S I ' ,; TTTTTTTTTTTTTTTTTTTTT

Schedule Of $rawins TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

Authority TTTTTTTTTTTTTTTTTTTTTTTTTTTT Allocation TTTTTTTTTTTTTTTTTTTTTTTTT

-r! D -essers TTTTTTTTTTTTTTTTTTTTTTTTTTTTTT ContractorDContractors ha?in areed withthe Railway isDare here.y ordered to carry out the ors set forth in the schedule .elow inaccordance with the General Conditions of Contract corrected u#to latest Correction Sli#s and theStandard S#ecifications of TTTTTTTTT Railway corrected u#to latest Correction Sli#s= theSchedule of Rates= corrected u#to latest Correction Sli#s and S#ecial Conditions and S#ecialS#ecifications= if any and inconfor(ity with drawins anneed hereto at the rates s#ecified in thesaid= Schedule and to co(#lete the sa(e on or .efore the TTTT day of TTTTTTTTTT 20TTT and(aintain the said wors for the #eriod of TTTTTTTTTTTTT fro( the certified date of co(#letion!'he Fuantities set forth in the said schedule shall .e considered a##roi(ate and su.Bect to

?ariation under Clause *2 of General Conditions of Contract!

CONTRACTORS AGREE&ENT

I offer to do the wor at the rates entered in the Schedule Of Rates on the re?ersewhich I ha?e sined= and I understand that no fied Fuantity of wor is i?en to (e to do that instartin wor! I a( only i?en a #lace to wor in or to de#osit (aterials on and that I ha?e noclai( to (ore than one unit of wor as entered in the Scheduled Rates! I aree that all worsdone and (aterials deli?ered shall .e su.Bect to the a##ro?al of the ,nineer in Chare= who(ay reBect and decline to #ay for whate?er (ay .e= in his o#inion= inferior or defecti?e or eitherand I aree that the Standard S#ecifications corrected u#to latest Correction Sli#s of TTTTTTTTTRailway in so far as they are not o?erruled .y ite(s of this aree(ent= shall .e dee(ed #art of

this aree(ent!I aree that no wor under this wor order shall .e assined or su.let without the

#re?ious written a##ro?al of the TTTTTTTTTTT ,nineer!

I aree that (y wor (ay .e sto##ed at any ti(e .y the TTTTTTTTTT ,nineer on hisi?in (e or (y aent on the wors se?en days8 notice in writin and I aree that the(easure(ent of (y wors shall .e (ade .y the ,nineer at any ti(e a##ointed .y hi( inwritin su.seFuent to the e#iry of the said notice and (easure(ent shall .e (ade .y hi( atthe said ti(e whether I a( #resent or not and that on #ay(ent for wor done and a##ro?ed(aterials deli?eredat site of wor as ascertained .y the said (easure(ent= I shall ha?e nofurther clai( aainst the Railway and I aree that any dis#ute arisen on (atters connected withthis aree(ent= the sa(e shall .e referred to a #erson to .e no(inated in this .ehalf .y the

TTTTTTTTTTTTTT for the ti(e .ein of the Railway= whose decision in writin shall .e final and.indin on .oth #arties!





I aree that any clai( I ha?e to (ae shall .e (ade in writin within se?en days of dateof (easure(ent taen .y the ,nineer as aforesaid and that any clai(s in res#ect of such(easure(ent (ade (ore than se?en days after tain of such (easure(ent shall .e dee(ed toha?e wai?ed .y (e!

I aree to inde(nify the Railway aainst any clai(s which (ay .e (ade under

or(enEs Co(#ensation Act= 1/23!

itness Contractor TTTTTTTTTTTTTTTTTTTTTT

a(e TTTTTTTTTTTTTTTTTTTTTT a(e TTTTTTTTTTTTTTTTTTTTTTTTTT

Address TTTTTTTTTTTTTTTTTTTTTTTT Address TTTTTTTTTTTTTTTTTTTTTTTTT

ote If the aree(ent is for a wor for which a S#ecial Act of the >eislature eists= e!! the Indian -ines Act= thearee(ent shall include a clause inde(nifyin the Railway aainst all clai(s arisin of #ro?ision of such Act!

I aree to #ay the rates at TTTTTTTTTTTTTTTTTT a.o?eD.elow Schedule of rates asa##lica.le to TTTTTTTTTTTTTTTTTTTT $i?ision set forth in the schedule of rates herein forfinished and a##ro?ed wor!

TTTTTTTTTTTTTTTTTTTT ,nineer

TTTTTTTTTTTTTTTTTTTT $i?ision

TTTTTTTTTTTTTTTTTTTTT Railway

&or President Of India


IDe aree to co(#lete the wors herein set forth on or .efore the date s#ecified herein

and to (aintain the sa(e for a #eriod of TTTTTTTTTTTTTT Calendar (onths fro( the certifieddate of their co(#letion and in confor(ity with the docu(ent herein referred to= and all thecondition therein (entioned shall .e dee(ed and taen to .e #art of this contract as if the sa(ehad .een fully set forth therein!

Sinature of witnesses with addresses=to Sinature of Contractor

Contractor 4 TTTTTTTTTTTTTTTTTTTTTTT

Address 4 TTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTT

$ate 4 TTTTTTTTTTTTTTTTT

1! TTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTT

2! TTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTT





ANNEXURE - I

.OR6 ORDER FOR .OR6S

TTTTTTTTTTTTTTTT $i?ision

ORU OR$,R O!TTTTTTTTTTT OriinalD$u#licateD'ri#licate o! TTTTTTTTT= $ated TTTTTTTTT

IDe will carry out the followin wor accordin to the aree(ent at .ac!

SC4EDULE OF RATES

Par!'ular* Ra!e* R*7 Per Re)ar/*

.ITNESS 4 CONTRACTOR 4

a(e TTTTTTTTTTTTTTTTTTTTT a(e TTTTTTTTTTTTTTTTTTTT

Address TTTTTTTTTTTTTTTTTTTTTT Address TTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTT

I aree to #ay the a.o?e (entioned rates for finished and a##ro?ed wor!

$ated TTTTTTTTTTTTTTT E#"'#eer TTTTTTTTTTTTTTTTTT





PART II


FOR USE IN CONNECTION .IT4 .OR6S CONTRACTS

DEFINITIONS AND INTERPRETATION

17 1 De('#'!'+#* , In these General Conditions of Contract= the followin ter(s shall ha?ethe (eanin assined hereunder ece#t where the contet otherwise reFuires 4

:a; Railway shall (ean the President of the Re#u.lic of India or the Ad(inistrati?eOfficers of the Railway or of the Successor Railway authorised to deal with any (atterswhich these #resents are concerned on his .ehalf!

:.; General -anaer shall (ean the Officer inchare of the General Su#erintendenceand Control of the Railway and shall also include the General -anaer :Construction;and shall (ean and include their successors= of the successor Railway!

:c; Chief ,nineer shall (ean the Officer inchare of the ,nineerin $e#art(ent ofRailway and shall also include Chief ,nineer :Construction;= Chief Sinal 'eleco((unication ,nineer= Chief Sinal 'eleco((unication ,nineer:Construction;= Chief ,lectrical ,nineer= Chief ,lectrical ,nineer :Construction; andshall (ean include their successors= of the Successor Railway!

:d; $i?isional Railway -anaer shall (ean the Officer inchare of a $i?ision of theRailway and shall (ean and include the $i?isional Railway -anaer of the SuccessorRailway!

:e; ,nineer shall (ean the $i?isional ,nineer or the ,ecuti?e ,nineer= $i?isionalSinal 'eleco((unication ,nineer= $i?isional Sinal 'eleco((unications,nineer :Construction;= $i?isional ,lectrical ,nineer= $i?isional ,lectrical ,nineer:Construction;= in eecuti?e chare of the wors and shall include the su#erior officersof the ,nineerin= Sinal 'eleco((unication= and ,lectrical $e#art(ents ofRailway= i!e! the Senior $i?isional ,nineerD$e#uty Chief ,nineer D Chief ,nineer DChief ,nineer :Construction;= Senior $i?isional Sinal 'eleco((unication,nineerD$e#uty Chief Sinal 'eleco((unication ,nineerDChief Sinal 'eleco((unication ,nineer :Construction;DSenior $i?isional ,lectrical,nineerD$e#uty Chief ,lectrical ,nineerDChief ,lectrical ,nineer :Construction; andChief Ad(inistrati?e Officer :Construction; and shall (ean include the ,nineer ofthe Successor Railway!

:f; ,nineerEs Re#resentati?e shall (ean the Assistant ,nineer= Assistant Sinal 'eleco((unication ,nineer and Assistant ,lectrical ,nineer in direct chare of thewors and shall include any Sr!SectionDJunior ,nineer of Ci?il ,nineerinDSinal and'eleco((unication ,nineerin ,lectrical ,nineerin $e#art(ents a##ointed .ythe Railway and shall (ean and include the ,nineerEs Re#resentati?e of theSuccessor Railway!

:; Contractor shall (ean the PersonD&ir(DCoo#erati?e Society or Co(#any whetherincor#orated or not who enters into the contract with the Railway and shall includetheir eecutors= ad(inistrators= successors and #er(itted assins!

:h; Contract shall (ean and include the Aree(ent of or Order= the acce#tedSchedule of Rates or the Schedule or Rates of Railway (odified .y the tender

#ercentae for ite(s of wors Fuantified= or not Fuantified= the General Conditions of





Contract= the S#ecial Conditions of Contracts= if anyN the $rawin= the S#ecifications=the S#ecial S#ecifications= if any and 'ender &or(s= if any!

:i; ors shall (ean the wors to .e eecuted in accordance with the contract!

:B; S#ecifications shall (ean the Standard S#ecifications for -aterials ors ofRailway as s#ecified .y Railway under the authority of the Chief ,nineer or as

a(#lified= added to or su#erseded .y S#ecial S#ecifications= if any!

:; Schedule of Rates of Railway shall (ean the Schedule of Rates issued under theauthority of the Chief ,nineer fro( ti(e to ti(e!

:l; $rawin shall (ean the (a#s= drawins= #lans and tracins or #rints there ofanneed to the contract and shall include any (odifications of such drawins andfurther drawins as (ay .e issued .y the ,nineer fro( ti(e to ti(e!

:(; Constructional Plant shall (ean all a##liances or thins of whatsoe?er naturereFuired for the eecution= co(#letion or (aintenance of the wors or te(#orarywors :as hereinafter defined; .ut does not include (aterials or other thins intendedto for( or for(in #art of the #er(anent wor!

:n; 'e(#orary ors shall (ean all te(#orary wors of e?ery ind reFuired for theeecution co(#letion andDor (aintenance of the wors!

:o; Site shall (ean the lands and other #laces on= under= in or throuh which the worsare to .e carried out and any other lands or #laces #ro?ided .y the Railway for the#ur#ose of the contract!

:#; Period of -aintenance shall (ean the s#ecified #eriod of (aintenance fro( the dateof co(#letion of the wors= as certified .y the ,nineer!

172 S'#"ular a#$ Plural , ords i(#ortin the sinular nu(.er shall also include the#lural and ?ice ?ersa where the contet reFuires!

173 4ea$'#"* A#$ &ar"'#al 4ea$'#"* , 'he headins and (arinal headins in theseeneral conditions are solely for the #ur#ose of facilitatin reference and shall not .e dee(ed to.e #art thereof or .e taen into consideration in the inter#retation or construction thereof or thecontract!

GENERAL OHLIGATIONS

27 1 E%eu!'+# C+-Rela!'+# A#$ I#!e#! O( C+#!ra! D+u)e#!* 4 'he contractdocu(ents shall .e sined in tri#licate .y the Railway and the Contractor! 'he contractdocu(ents are co(#le(entary and what is called for .y anyone shall .e as .indin as if calledfor .y all= the intention of the docu(ents is to include all la.our and (aterials= eFui#(ents andtrans#ortation necessary for #ro#er eecution of wor! -aterials or wors not co?ered .y or#ro#erly infera.le fro( any headin or class of the s#ecifications shall not .e su##lied .y theRailway to the contractors unless distinctly s#ecified in the contract docu(ents! -aterials orwors descri.ed in words which so a##lied ha?e a wellnown technical or trade (eanin shall.e held to refer to such reconised standards!

272 If a wor is transferred fro( the Burisdiction of one Railway to another Railway or to aProBect authority or ?ice ?ersa while contract is in su.sistence= the contract shall .e .indin onthe Contractor and the Successor RailwayDProBect in the sa(e (anner tae effect in allres#ects as if the Contractor and the Successor RailwayDProBect were #arties thereto fro( theince#tion and the corres#ondin officer or the Co(#etent Authority in the SuccessorRailwayDProBect will eercise the sa(e #owers and enBoy the sa(e authority as conferred to thePredecessor RailwayDProBect under the oriinal contractDaree(ent entered into!

273 If for ad(inistrati?e or other reasons the contract is transferred to the SuccessorRailway= the contract shall= notwithstandin any thins contained herein contrary there to= .e




As On 30th June 2013 Pae 2+

.indin on the Contractor and the Successor Railway in the sa(e (anner and tae effect in allres#ects as if the Contractor and the Successor Railway had .een #arties thereto fro( the dateof this contract!

371 La= G+er#'#" T:e C+#!ra! , 'he contract shall .e o?erned .y the law for theti(e .ein in force in the Re#u.lic of India!

372 C+)l'a#e T+ Re"ula!'+#* A#$ Hye-La=* , 'he Contractor shall confor( to the#ro?ision of any statute relatin to the wors and reulations and .yelaws of any local authorityand of any water and lihtin co(#anies or undertains= with whose syste( the wor is#ro#osed to .e connected and shall .efore (ain any ?ariation fro( the drawins or thes#ecifications that (ay .e necessitated .y so confir(in i?e to the ,nineer notice s#ecifyinthe ?ariation #ro#osed to .e (ade and the reason for (ain the ?ariation and shall not carryout such ?ariation until he has recei?ed instructions fro( the ,nineer in res#ect thereof! 'heContractor shall .e .ound to i?e all notices reFuired .y statute= reulations or .yelaws asaforesaid and to #ay all fees and taes #aya.le to any authority in res#ect thereof!

87 C+))u#'a!'+#* T+ He I# .r'!'#" , All notices= co((unications= reference andco(#laints (ade .y the Railway or the ,nineer or the ,nineerEs Re#resentati?e or theContractor interse concernin the wors shall .e in writin and no notice= co((unication=reference or co(#laint not in writin shall .e reconiMed!

97 Ser'e O( N+!'e* O# C+#!ra!+r* , 'he Contractor shall furnish to the ,nineerthe na(e= desination and address of his authoriMed aent and all co(#laints= notices=co((unications and references shall .e dee(ed to ha?e .een duly i?en to the Contractor= ifdeli?ered to the Contractor or his authorised aent or left at or #osted to the address so i?enand shall .e dee(ed to ha?e .een so i?en in the case of #ostin on day on which they wouldha?e reached such address in the ordinary course of #ost or on the day on which they were sodeli?ered or left! In the case of contract .y #artners= any chane in the constitution of the fir(shall .e forthwith notified .y the Contractor to the ,nineer!

;7 Oua!'+# A#$ U*e O( La#$ , o land .elonin to or in the #ossession of theRailway shall .e occu#ied .y the Contractor without the #er(ission of the Railway! 'heContractor shall not use= or allow to .e used= the site for any #ur#oses other than that ofeecutin the wors! hene?er nonrailway .odiesD#ersons are #er(itted to use railway#re(ises with co(#etent authority8s a##ro?al= conser?ancy chares as a##lica.le fro( ti(e toti(e (ay .e le?ied!

<7 A**'"#)e#! Or Suble!!'#" O( C+#!ra! , 'he Contractor shall not assin or su.letthe contract or any #art thereof or allow any #erson to .eco(e interested therein any (annerwhatsoe?er without the s#ecial #er(ission in writin of the Railway! Any .reach of this conditionshall entitle the Railway to rescind the contract under Clause "2 of these Conditions and alsorender the contractor lia.le for #ay(ent to the Railway in res#ect of any loss or da(ae arisin

or ensuin fro( such cancellation! Pro?ided always that eecution of the details of the wor .y#etty contractor under the direct and #ersonal su#er?ision of the Contractor or his aent shallnot .e dee(ed to .e su.lettin under this clause! 'he #er(itted su.lettin of wor .y theContractor shall not esta.lish any contractual relationshi# .etween the su.contractor and theRailway and shall not relie?e the Contractor of any res#onsi.ility under the Contract!

>7 A**'*!a#e Hy Ra'l=ay F+r T:e S!+re* T+ He Ob!a'#e$ Hy T:e C+#!ra!+r ,Owin to difficulty in o.tainin certain (aterials :includin 'ools Plant; in the (aret= theRailway (ay ha?e areed without any lia.ility therefore to endea?our to o.tain or assist theContractor in o.tainin the reFuired Fuantities of such (aterials as (ay .e s#ecified in the'ender! In the e?ent of delay or failure in o.tainin the reFuired Fuantities of the aforesaid(aterial= the Contractor shall not .e dee(ed a.sol?ed of his own res#onsi.ility and shall ee# intouch with the day to day #osition reardin their a?aila.ility and accordinly adBust #roress ofwors includin e(#loy(ent of la.our and the Railway shall not in any way .e lia.le for the





su##ly of (aterials or for the nonsu##ly thereof for any reasons whatsoe?er nor for any loss orda(ae arisin in conseFuence of such delay or nonsu##ly!

?7 Ra'l=ay Pa**e* , o free Railway #asses shall .e issued .y the Railway to theContractor or any of his e(#loyeeDworer!

107 Carr'a"e O( &a!er'al* , o forwardin orders shall .e issued .y the Railway for thecon?eyance of ContractorEs (aterials= tools and #lant .y Rail which (ay .e reFuired for use inthe wors and the contractor shall #ay full freiht chares at #u.lic tariff rates therefor!

117 U*e O( Halla*! Tra'#* , 'he Railway (ay aree to allow the Contractor use of the.allast or (aterial trains under such conditions as shall .e s#ecially #rescri.ed= #ro?ided that theContractor shall #ay for the use thereof chares calculated at #u.lic tariff rates on the (aredcarryin ca#acity of each ?ehicle su.Bect to s#ecified (ini(u( chare #er day or #art of day and#ro?ided further that the Contractor shall inde(nify the Railway aainst any clai(s or da(aesarisin out of the use or (isuse thereof and aainst any lia.ilities under the or(enEsCo(#ensation Act= 1/23 or any statutory a(end(ents thereto!

127 Rere*e#!a!'+# O# .+r/* , 'he Contractor shall= when he is not #ersonally #resenton the site of the wors #lace and ee# a res#onsi.le aent at the wors durin worin hourswho shall on recei?in reasona.le notice= #resent hi(self to the ,nineer and orders i?en .ythe ,nineer or the ,nineerEs re#resentati?e to the aent shall .e dee(ed to ha?e the sa(eforce as if they had .een i?en to the Contractor! @efore a.sentin hi(self= the Contractor shallfurnish the na(e and address of his aent for the #ur#ose of this clause and failure on the #artof the Contractor to co(#ly with this #ro?ision at any ti(e will entitle the Railway to rescind thecontract under Clause "2 of these Conditions!

137 Rel'* A#$ Trea*ure* , All old= sil?er= oil and other (inerals of any descri#tion andall #recious stones= coins= treasures relics antiFuities and other si(ilar thins which shall .efound in or u#on the site shall .e the #ro#erty of the Railway and the Contractor shall duly

#reser?e the sa(e to the satisfaction of the Railway and shall fro( ti(e to ti(e deli?er the sa(eto such #erson or #ersons as the Railway (ay a##oint to recei?e the sa(e!

187 E%aa!e$ &a!er'al , 'he Contractor shall not sell or otherwise dis#ose of or re(o?eece#t for the #ur#ose of this contract= the sand= stone= clay .allast= earth= roc or othersu.stances or (aterials which (ay .e o.tained fro( any eca?ation (ade for the #ur#ose ofthe wors or any .uildin or #roduced u#on the site at the ti(e of deli?ery of the #ossessionthereof .ut all the su.stances= (aterials= .uildins and #roduce shall .e the #ro#erty of theRailway #ro?ided that the Contractor (ay= with the #er(ission of the ,nineer= use the sa(e forthe #ur#ose of the wors either free of cost or #ay the cost of the sa(e at such rates as (ay .edeter(ined .y the ,nineer!

197 I#$e)#'!y Hy C+#!ra!+r* , 'he Contractor shall inde(nify and sa?e har(less the

Railway fro( and aainst all actions= suit #roceedins losses= costs= da(aes= chares= clai(sand de(ands of e?ery nature and descri#tion .rouht or reco?ered aainst the Railways .yreason of any act or o(ission of the Contractor= his aents or e(#loyees= in the eecution of thewors or in his uardin of the sa(e! All su(s #aya.le .y way of co(#ensation under any ofthese conditions shall .e considered as reasona.le co(#ensation to .e a##lied to the actual lossor da(ae sustained= and whether or not any da(ae shall ha?e .een sustained!

1;71 Seur'!y De+*'! , 'he ,arnest -oney de#osited .y the Contractor with his tenderwill .e retained .y the Railways as #art of security for the due and faithful fulfill(ent of thecontract .y the contractor! 'he .alance to (ae u# the Security $e#osit= the rates for which arei?en .elow= (ay .e de#osited .y the Contractor in cash or (ay .e reco?ered .y #ercentaededuction fro( the ContractorEs on account .ills! Pro?ided also that in case of defaultin

contractor= the Railway (ay retain any a(ount due for #ay(ent to the Contractor on the





#endin on account .ills so that the a(ounts so retained (ay not eceed 10 of the total?alue of the contract!

1;72 6nless otherwise s#ecified in the S#ecial Conditions= if any= the Security $e#ositDrateof reco?eryD(ode of reco?ery shall .e as under 4

:a;

Security $e#osit for each wor should .e + of the contract ?alue=:.; 'he rate of reco?ery should .e at the rate of 10 of the .ill a(ount till the full

Security $e#osit is reco?ered=

:c; Security $e#osits will .e reco?ered only fro( the runnin .ills of the contract and noother (ode of collectin S$ such as S$ in the for( of instru(ents lie @G :ece#tote :ii; .elow;N &$ etc! shall .e acce#ted towards Security $e#osit!

Security $e#osit shall .e returned to the contractor after the e#iry of the(aintenance #eriod in all the cases other than ote :i; (entioned .elow and after #assin thefinal .ill .ased on o Clai( Certificate with the a##ro?al of the Co(#etent Authority! 'heCo(#etent Authority shall nor(ally .e the authority who is co(#etent to sin the contract! Ifthis Co(#etent Authority is of the ran lower than JA Grade= then a JA Grade Officer :concerned

with the wor; should issue the certificate! 'he certificate= inter alia= should (ention that thewor has .een co(#leted in all res#ects and that all the contractual o.liations ha?e .eenfulfilled .y the contractor and that there is no due fro( the contractor to Railways aainst thecontract concerned! @efore releasin the S$= an unconditional and uneFui?ocal Qo Clai(Certificate8 fro( the contractor concerned should .e o.tained!

N+!e -

:i; After the wor is #hysically co(#leted= Security $e#osit reco?ered fro( the runnin.ills of a contractor can .e returned to hi(= if he so desires= in lieu of &$RDirre?oca.le@an Guarantee for eFui?alent a(ount to .e su.(itted .y hi(!

:ii; In case of contracts of ?alue Rs! +0 crore and a.o?e= irre?oca.le @an Guarantee canalso .e acce#ted as a (ode of o.tainin security de#osit!

1;73 o interest will .e #aya.le u#on the ,arnest -oney and Security $e#osit or a(ounts#aya.le to the Contractor under the Contract= .ut Go?ern(ent Securities de#osited in ter(s ofSu.Clause :1; of this clause will .e #aya.le with interest accrued thereon!

1;78 Per(+r)a#e Guara#!ee

'he #rocedure for o.tainin Perfor(ance Guarantee is outlined .elow 4

:a; 'he successful .idder shall ha?e to su.(it a Perfor(ance Guarantee :PG; within 30:thirty; days fro( the date of issue of >etter Of Acce#tance :>OA;! ,tension of ti(efor su.(ission of PG .eyond 30 :thirty; days and u#to "0 days fro( the date of issueof >OA (ay .e i?en .y the Authority who is co(#etent to sin the contract

aree(ent! <owe?er= a #enal interest of 1+ #er annu( shall .e chared for thedelay .eyond 30 :thirty; days= i!e! fro( 31st day after the date of issue of >OA! Incase the contractor fails to su.(it the reFuisite PG e?en after "0 days fro( the date ofissue of >OA= the contract shall .e ter(inated duly forfeitin ,-$ and other dues= ifany #aya.le aainst that contract! 'he failed contractor shall .e de.arred fro(#artici#atin in retender for that wor!

:.; 'he successful .idder shall su.(it the Perfor(ance Guarantee :PG; in any of thefollowin for(s= a(ountin to + of the contract ?alue4

:i; A de#osit of CashN

:ii; Irre?oca.le @an GuaranteeN

:iii; Go?ern(ent Securities includin State >oan @onds at + .elow the (aret ?alueN

:i?; $e#osit Recei#ts= Pay Orders= $e(and $rafts and Guarantee @onds! 'hese for(s of





Perfor(ance Guarantee could .e either of the State @an of India or of any of theationaliMed @ansN

:?; Guarantee @onds eecuted or $e#osits Recei#ts tendered .y all Scheduled @ansN

:?i; A $e#osit in the Post Office Sa?in @anN

:?ii; A $e#osit in the ational Sa?ins CertificatesN:?iii; 'wel?e years ational $efence CertificatesN

:i; 'en years $efence $e#ositsN

:; ational $efence @onds and

:i; 6nit 'rust Certificates at + .elow (aret ?alue or at the face ?alue whiche?er is less! Also= &$R in fa?our of &ACAO :free fro( any encu(.rance; (ay .e acce#ted!

N+!e - 'he instru(ents as listed a.o?e will also .e acce#ta.le for Guarantees in case of-o.iliMation Ad?ance!

:c; 'he Perfor(ance Guarantee shall .e su.(itted .y the successful .idder after the>etter Of Acce#tance :>OA; has .een issued= .ut .efore sinin of the contractaree(ent! 'his P!G! shall .e initially ?alid u#to the sti#ulated date of co(#letion #lus"0 days .eyond that! In case= the ti(e for co(#letion of wor ets etended= thecontractor shall et the ?alidity of P!G! etended to co?er such etended ti(e forco(#letion of wor #lus "0 days!

:d; 'he ?alue of PG to .e su.(itted .y the= contractor will not chane for ?ariation u#to2+ :either increase or decrease;! In case durin the course of eecution= ?alue ofthe contract increases .y (ore than 2+ of the oriinal contract ?alue= an additionalPerfor(ance Guarantee a(ountin to + :fi?e #ercent; for the ecess ?alue o?er theoriinal contract ?alue shall .e de#osited .y the contractor!

:e; 'he Perfor(ance Guarantee :PG; shall .e released after #hysical co(#letion of thewor .ased on ECo(#letion CertificateE issued .y the co(#etent authority statin that

the contractor has co(#leted the wor in all res#ects satisfactorily! 'he Security$e#osit shall= howe?er= .e released only after e#iry of the (aintenance #eriod andafter #assin the final .i II .ased on Eo Clai( CertificateE fro( the contractor!

:f; hene?er the contract is rescinded= the Security $e#osit shall .e forfeited and thePerfor(ance Guarantee shall .e encashed! 'he .alance wor shall .e ot doneinde#endently without ris cost of the failed contractor! 'he failed contractor shall.e de.arred fro( #artici#atin in the tender for eecutin the .alance wor! If thefailed contractor is a J7 or a Partnershi# fir(= then e?ery (e(.erD#artner of such afir( shall .e de.arred fro( #artici#atin in the tender for the .alance wor in hisDherindi?idual ca#acity or as a #artner of any other J7 D#artnershi# fir(!

:; 'he enineer shall not (ae a clai( under the Perfor(ance Guarantee ece#t for

a(ounts to which the President of India is entitled under the contract :notwithstandin andDor without #reBudice to any other #ro?isions in the contractaree(ent; in the e?ent of 4

:i; &ailure .y the contractor to etend the ?alidity of the Perfor(ance Guarantee asdescri.ed herein a.o?e= in which e?ent the ,nineer (ay clai( the full a(ount of thePerfor(ance Guarantee!

:ii; &ailure .y the contractor to #ay President of India any a(ount due= either as areed.y the contractor or deter(ined under any of the ClausesDConditions of the

Aree(ent= within 30 days of the ser?ice of notice to this effect .y ,nineer!

:iii; 'he Contract .ein deter(ined or rescinded under #ro?ision of the GCC= thePerfor(ance Guarantee shall .e forfeited in full and shall .e a.solutely at the dis#osal

of the President of India!

Ref! 4 Ite(l to Railway @oardEs letter no! 200%DC,!IDC'D1) Pt!KII= dated 31!12!2010





1<7 F+re &ajeure Clau*e , If at any ti(e= durin the continuance of this contract= the#erfor(ance in whole or in #art .y either #arty of any o.liation under this contract shall .e#re?ented or delayed .y reason of any war= hostility= acts of #u.lic ene(y= ci?il co((otion=sa.otae= serious loss or da(ae .y fire= e#losions= e#ide(ics= stries= locouts or acts of God:hereinafter= referred to e?ents; #ro?ided= notice of the ha##enin of any such e?ent is i?en .yeither #arty to the other within 30 days fro( the date of occurrence thereof= neither #arty shall

.y reason of such e?ent= .e entitled to ter(inate this contract nor shall either #arty ha?e anyclai( for da(aes aainst the other in res#ect of such non#erfor(ance of delay in#erfor(ance= and wors under the contract shall .e resu(ed as soon as #ractica.le after suche?ent has co(e to an end or ceased to eist= and the decision of the ,nineer as to whether thewors ha?e .een so resu(ed or not shall .e final and conclusi?e= PRO7I$,$ &6R'<,R that ifthe #erfor(ance in whole or in #art of any o.liation under this contract is #re?ented or delayed.y reason of any such e?ent for a #eriod eceedin 120 days= either #arty (ay at its o#tionter(inate the contract .y i?in notice to the other #arty!

1<A Su.Bect to any reFuire(ent in the contract as to co(#letion of any #ortions or #ortionsof the wors .efore co(#letion of the whole= the contractor shall fully and finally co(#lete thewhole of the wors co(#rised in the contract :with such (odifications as (ay .e directed under

conditions of this contract; .y the date entered in the contract or etended date in ter(s of thefollowin clauses4

:i; If any (odifications ha?e .een ordered which in the o#inion of the ,nineer ha?e(aterially increased the (anitude of the wor= then such etension of the contracteddate of co(#letion (ay .e ranted as shall a##ear to the ,nineer to .e reasona.le inthe circu(stances= #ro?ided (oreo?er that the Contractor shall .e res#onsi.le forreFuestin such etension of the date as (ay .e considered necessary as soon as thecause thereof shall arise and in any case not less than one (onth .efore the e#iry ofthe date fied for co(#letion of the wors!

:ii; If in the o#inion of the ,nineer= the #roress of wor has any ti(e .een delayed .yany act or nelect of RailwayEs e(#loyees or .y other contractor e(#loyed .y the

Railway under Su.Clause :*; of Clause 20 of these Conditions or in eecutin thewor not for(in #art of the contract .ut on which contractorEs #erfor(ancenecessarily de#ends or .y reason of #roceedin taen or threatened .y or dis#ute withadBoinin or to neih.ourin owners or #u.lic authority arisin otherwise throuh theContractorEs own default etc! or .y the delay authoriMed .y the ,nineer #endinar.itration or in conseFuences of the contractor not ha?in recei?ed in due ti(enecessary instructions fro( the Railway for which he shall ha?e s#ecially a##lied inwritin to the ,nineer or his authoriMed re#resentati?e then u#on ha##enin of anysuch e?ent causin delay= the Contractor shall i((ediately i?e notice thereof inwritin to the ,nineer within 1+ days of such ha##enin= .ut shall ne?ertheless (aeconstantly his .est endea?ours to .rin down or (ae ood the delay and shall do allthat (ay .e reasona.ly reFuired of hi( to the satisfaction of the ,nineer to #roceedwith the wors! 'he contractor (ay also indicate the #eriod for which the wor is liely

to .e delayed and shall .e .ound to as for necessary etension of ti(e! 'he ,nineeron recei#t of such reFuest fro( the contractor shall consider the sa(e and shall rantsuch etension of ti(e as in his o#inion is reasona.le ha?in reard to the nature and#eriod of delay and the ty#e and Fuantu( of wor affected there.y! o otherco(#ensation shall .e #aya.le for wors so carried forward to the etended #eriod ofti(e= the sa(e rates= ter(s and conditions of contract .ein a##lica.le as if suchetended #eriod of ti(e was oriinally #ro?ided in the oriinal contract itself!

:iii; In the e?ent of any failure or delay .y the Railway to hand o?er the Contractor#ossession of the lands necessary for the eecution of the wors or to i?e thenecessary notice to co((ence the wors or to #ro?ide the necessary drawins orinstructions or any other delay caused .y the Railway due to any other causewhatsoe?er= then such failure or delay shall in no way affect or ?itiate the contract oralter the character thereof or entitle the contractor to da(aes or co(#ensation





therefor= .ut in any such case= the Railway (ay rant such etension or etensions ofthe co(#letion date as (ay .e considered reasona.le!

1<-H E%!e#*'+# O( T')e F+r Delay Due T+ C+#!ra!+r , 'he ti(e for the eecution ofthe wor or #art of the wors s#ecified in the contract docu(ents shall .e dee(ed to .e theessence of the contract and the wors (ust .e co(#leted not later than the date:s; as s#ecified

in the contract! If the contractor fails to co(#lete the wors within the ti(e as s#ecified in thecontract for the reasons other than the reasons s#ecified in Clause 1% and 1%A= the Railway(ay= if satisfied that the wors can .e co(#leted .y the contractor within reasona.le short ti(ethereafter= allow the contractor for further etension of ti(e :Perfor(a Anneure7II; as the,nineer (ay decide! On such etension the Railway will .e entitled without #reBudice to anyother riht and re(edy a?aila.le on that .ehalf= to reco?er fro( the contractor as areedda(aes and not .y way of #enalty a su( eFui?alent to of 1 of the contract ?alue of thewors for each wee or #art of the wee!

&or the #ur#ose of this Clause= the contract ?alue of the wors shall .e taen as ?alueof wor as #er contract aree(ent includin any su##le(entary wor orderDcontract aree(entissued! Pro?ided also= that the total a(ount of liFuidated da(aes under this condition= shall not

eceed the under noted #ercentae ?alue or of the total ?alue of the ite( or rou#s of ite(s ofwor for which a se#arate distinct co(#letion #eriod is s#ecified in the contract!

:i; &or contract ?alue u#to Rs! 2 lah 10 of total ?alue of the contract

:ii; &or contracts ?alued a.o?e Rs! 2 lah 10 of first Rs!2 lah and + of .alance

&urther= co(#etent authority while rantin etension to the currency of contractunder Clause 1% :@; of GCC (ay also consider le?y of toen #enalty= as dee(ed fit .ased on the(erit of the case!

Pro?ided further= that if the Railway is not satisfied that the wors can .e co(#leted .ythe Contractor and in the e?ent of failure on the #art of the contractor to co(#lete the worwithin further etension of ti(e allowed as aforesaid= the Railway shall .e entitled without

#reBudice to any other riht or re(edy a?aila.le in that .ehalf= to a##ro#riate the contractorEsSecurity $e#osit and rescind the contract under Clause "2 of these Conditions= whether or notactual da(ae is caused .y such default!

1>71 Ille"al Gra!'('a!'+# , Any .ri.e= co((ission= ift or ad?antae i?en= #ro(ised oroffered .y or on .ehalf to the Contractor or his #artner= aent or ser?ant or= anyone on his.ehalf= to any officer or e(#loyee of the Railway= or to any #erson on his .ehalf in relation too.tainin or eecution of this or any other contract with the Railway shall= in addition to anycri(inal lia.ility which he (ay incur= su.Bect contractor to the rescission of the contract and allother contracts with the Railway and to the #ay(ent of any loss or da(ae resultin fro( suchdecision and the Railway shall .e entitled to deduct the a(ounts so #aya.le fro( any (oneysdue to the Contractor:s; under this contract or any other contracts with the Railway!

1>72 'he Contractor shall not lend or .orrow fro( or ha?e or enter into any (onitorydealins or transactions either directly or indirectly with any e(#loyee of the Railway and if heshall do so= the Railway shall .e entitled forthwith to rescind the contract and all other contractswith the Railway! Any Fuestion or dis#ute as to the co((ission or any such offence orco(#ensation #aya.le to the Railway under this Clause shall .e settled .y the General -anaerof the Railway= in such a (anner as he shall consider fit sufficient and his decision shall .efinal conclusi?e! In the e?ent of rescission of the contract under this Clause= the Contractor willnot .e #aid any co(#ensation whatsoe?er ece#t #ay(ents for the wor done u#to the date ofrescission!

EXECUTION OF .OR6S

1?71 C+#!ra!+r* U#$er*!a#$'#" , It is understood and areed that the Contractor has=.y careful ea(ination= satisfied hi(self as to the nature and location of the wor= the





confor(ation of the round= the character= Fuality and Fuantity of the (aterials to .eencountered= the character of eFui#(ent and facilities needed #reli(inary to and durin the#roress of the wors= the eneral and local conditions= the la.our conditions #re?ailin thereinand all other (atters which can in any way affect the wors under the contract!

1?72 C+))e#e)e#! O( .+r/* , 'he Contractor shall co((ence the wors within 1+

days after the recei#t .y hi( of an order in writin to this effect fro( the ,nineer and shall#roceed with the sa(e with due e#edition and without delay

1?73 Ae!e$ Pr+"ra))e O( .+r/ , 'he Contractor who has .een awarded the worshall as soon as #ossi.le .ut not later than 30 days after the date of recei#t of the acce#tanceletter in res#ect of contracts with initial co(#letion #eriod of two years or less or not later than/0 days for other contracts ha?e to su.(it the detailed #rora((e of wor indicatin the ti(eschedule of ?arious ite(s of wors in the for( of @ar ChartDP,R'DCP-! <e shall also su.(it thedetails of oranisation :in ter(s of la.our and su#er?isors; #lant and (achinery that he intendsto utiliMe :fro( ti(e to ti(e; for eecution of the wor within sti#ulated date of co(#letion! 'he#rora((e of wor a(ended as necessary .y discussions with the ,nineer= shall .e treated asthe areed #rora((e of the wor for the #ur#ose of this contract and the contractor shall

endea?our to fulfill this #rora((e of wor! 'he #roress of wor will .e watched accordinlyand the liFuidated da(aes will .e with reference to the o?erall co(#letion date! othin statedherein shall #reclude the contractor in achie?in earlier co(#letion of ite( or whole of the worsthan indicated in the #rora((e!

1?78 Se!!'#" Ou! O( .+r/* , 'he Contractor shall .e res#onsi.le for the correct settinout of all wors in relation to oriinal #oints= lines and le?els of reference at his cost! 'heContractor shall eecute the wor true to alin(ent= rade= le?els and di(ensions as shown inthe drawin and as directed .y the ,nineerEs re#resentati?e and shall chec these at freFuentinter?als! 'he Contractor shall #ro?ide all facilities lie la.our and instru(ents and shall coo#erate with the ,nineerEs re#resentati?e to chec all alin(ent= rades= le?els and di(ensions!If= at any ti(e= durin the #roress of the wors any error shall a##ear or arise in any #art of the

wor= the Contractor= on .ein reFuired so to do .y the ,nineerEs re#resentati?e shall= at hisown cost rectify such errors= to the satisfaction of the ,nineerEs re#resentati?e! Such checinshall not a.sol?e the Contractor of his own res#onsi.ility of (aintainin accuracy in the wor!'he Contractor shall carefully #rotect and #reser?e all .ench (ars= siht rails= #es and otherthins used in settin out the wor!

2071 C+)l'a#e T+ E#"'#eer* I#*!ru!'+#* , 'he ,nineer shall direct the order inwhich the se?eral #arts of the wors shall .e eecuted and the Contractor shall eecute withoutdelay all orders i?en .y the ,nineer fro( ti(e to ti(eN .ut the Contractor shall not .e relie?edthere.y fro( res#onsi.ility for the due #erfor(ance of the wors in all res#ects!

2072 Al!era!'+#* T+ He Au!:+r'e$ , o alterations in or additions to or o(issions ora.andon(ent of any #art of the wors shall .e dee(ed authorised= ece#t under instructions

fro( the ,nineer= and the Contractor shall .e res#onsi.le to o.tain such instructions in eachand e?ery case in writin fro( the ,nineer!

2073 E%!ra .+r/* , Should wors o?er and a.o?e those included in the contract reFuire to.e eecuted at the site= the contractor shall ha?e no riht to .e entrusted with the eecution ofsuch wors which (ay .e carried out .y another contractor or contractors or .y other (eans atthe o#tion of the Railway!

2078 Seara!e C+#!ra!* I# C+##e!'+# .'!: .+r/* , 'he Railway shall ha?e the rihtto let other contracts in connection with the wors! 'he Contractor shall afford other contractorsreasona.le o##ortunity for the storae of their (aterials and the eecution of their wors andshall #ro#erly connect and coordinate his wor with theirs! If any #art of the Contractors wor

de#ends for #ro#er eecution or result u#on the wor of another contractor:s;= the Contractorshall ins#ect and #ro(#tly re#ort to the ,nineer any defects in such wors that render it





unsuita.le for such #ro#er eecution and results! 'he ContractorEs failure soto ins#ect andre#ort shall constitute an acce#tance of the other contractorEs wor as fit and #ro#er for therece#tion of his wor= ece#t as to defects which (ay de?elo# in the other contractorEs worafter the eecution of his wor!

217 I#*!ru!'+# O( E#"'#eer* Rere*e#!a!'e , Any instructions or a##ro?al i?en .y

the ,nineerEs re#resentati?e to Contractor in connection with the wors shall .ind theContractor as thouh it had .een i?en .y the ,nineer #ro?ided always as follows4

:a; &ailure of the ,nineerEs re#resentati?e to disa##ro?e any wor or (aterials shall not#reBudice the #ower of the ,nineer thereafter to disa##ro?e such wor or (aterialand to order the re(o?al or .reain u# thereof!

:.; If the Contractor shall .e dissatisfied .y reason of any decision of the ,nineerEsre#resentati?e= he shall .e entitled to refer the (atter to the ,nineer who shall thereu#on confir( or ?ary such decision!

2271 A$:ere#e T+ Se'('a!'+#* A#$ Dra='#"* , 'he whole of the wors shall .eeecuted in #erfect confor(ity with the s#ecifications and drawins of the contract! If Contractor

#erfor(s any wors in a (anner contrary to the s#ecifications or drawins or any of the( andwithout such reference to the ,nineer= he shall .ear all the costs arisin or ensuin therefro(and shall .e res#onsi.le for all loss to the Railway!

2272 Dra='#"* A#$ Se'('a!'+#* O( T:e .+r/* , 'he Contractor shall ee# one co#yof $rawins and S#ecifications at the site= in ood order= and such contract docu(ents as (ay.e necessary= a?aila.le to the ,nineer or the ,nineerEs Re#resentati?e!

2273 O=#er*:' O( Dra='#"* A#$ Se'('a!'+#* , All $rawins and S#ecifications andco#ies thereof furnished .y the Railway to the Contractor are dee(ed to .e the #ro#erty of theRailway! 'hey shall not .e used on other wors and with the ece#tion of the sined contractset= shall .e returned .y the Contractor to the Railway on co(#letion of the wor or ter(ination

of the Contract!

2278 C+)l'a#e .'!: C+#!ra!+r* ReKue*! F+r De!a'l* , 'he ,nineer shall furnishwith reasona.le #ro(#tness= after recei#t .y hi( of the ContractorEs reFuest for the sa(e=additional instructions .y (eans of drawins or otherwise= necessary for the #ro#er eecution ofthe wors or any #art thereof! All such drawins and instructions shall .e consistent with theContract $ocu(ents and reasona.ly infera.le therefro(!

2279 &ea#'#" A#$ I#!e#! O( Se'('a!'+# A#$ Dra='#"* , If any a(.iuity arises asto the (eanin and intent of any #ortion of the S#ecifications and $rawins or as to eecutionor Fuality of any wor or (aterial= or as to the (easure(ents of the wors the decision of the,nineer thereon shall .e final su.Bect to the a##eal :within % days of such decision .eininti(ated to the Contractor; to the Chief ,nineer who shall ha?e the #ower to correct any

errors= o(issions= or discre#ancies in afore(entioned ite(s and whose decision in the (atter indis#ute or dou.t shall .e final and conclusi?e!

237 .+r/'#" Dur'#" N'":! , 'he Contractor shall not carry out any wor .etween sunset and sunrise without the #re?ious #er(ission of the ,nineer!

287 Da)a"e T+ Ra'l=ay Pr+er!y Or Pr'a!e L'(e A#$ Pr+er!y , 'he Contractorshall .e res#onsi.le for all ris to the wor and for tres#ass and shall (ae ood at his one#ense all loss or da(ae whether to the wors the(sel?es or to any other #ro#erty of theRailway or the li?es= #ersons or #ro#erty of others fro( whatsoe?er cause in connection with thewors until they are taen o?er .y the Railway and this althouh all reasona.le and #ro#er#recautions (ay ha?e .een taen .y the Contractor= and in case the Railway shall .e called

u#on to (ae ood any costs= loss or da(aes= or to #ay any co(#ensation= includin that#aya.le under the #ro?isions of the or(enEs Co(#ensation Act or any statutory a(end(ents





thereof to any #erson or #ersons sustainin da(aes as aforesaid .y reason of any act= or anynelience or o(issions on the #art of the ContractorN the a(ount of any costs or charesincludin costs and chares in connection with leal #roceedins= which the Railway (ay incur inreference thereto= shall .e chared to the Contractor! 'he Railway shall ha?e the #ower andriht to #ay or to defend or co(#ro(ise any clai( of threatened leal #roceedins or inantici#ation of leal #roceedins .ein instituted conseFuent on the action or default of the

Contractor= to tae such ste#s as (ay .e considered necessary or desira.le to ward off or(itiate the effect of such #roceedins= charin to Contractor= as aforesaid= any su( or su(sof (oney which (ay .e #aid and any e#enses whether for reinstate(ent or otherwise which(ay .e incurred and the #ro#riety of any such #ay(ent= defence or co(#ro(ise= and theincurrin of any such e#enses shall not .e called in Fuestion .y the Contractor!

297 S:e$* S!+re* 4+u*e* A#$ ar$* , 'he Contractor shall at his own e#ense #ro?idehi(self with sheds= storehouses and yards in such situations and in such nu(.ers as in theo#inion of the ,nineer is reFuisite for carryin on the wors and the Contractor shall ee# ateach such sheds= storehouses and yards a sufficient Fuantity of (aterials and #lant in stoc asnot to delay the carryin out of the wors with due e#edition and the ,nineer and the,nineerEs re#resentati?e shall ha?e free access to the said sheds= store houses and yards at any

ti(e for the #ur#ose of ins#ectin the stoc of (aterials or #lant so e#t in hand= and any(aterials or #lant which the ,nineer (ay o.Bect to shall not .e .rouht u#on or used in thewors= .ut shall .e forthwith re(o?ed fro( the sheds= store houses or yards .y the Contractor!'he Contractor shall at his own e#enses #ro?ide and (aintain suita.le (ortar (ills= soain?ats or any other eFui#(ents necessary for the eecution of the wors!

2;7 Pr+'*'+# O( E((''e#! A#$ C+)e!e#! S!a(( A! .+r/ S'!e* Hy T:e C+#!ra!+r ,

2;71 'he Contractor shall #lace and ee# on the wors at all ti(es efficient and co(#etentstaff to i?e the necessary directions to his wor(en and to see that they eecute their wor insound #ro#er (anner and shall e(#loy only such su#er?isors= wor(en la.ourers in ora.out the eecution of any of these wors as are careful and silled in the ?arious trades!

2;72 'he Contractor shall at once re(o?e fro( the wors any aents= #er(itted su.contractor= su#er?isor= wor(an or la.ourer who shall .e o.Bected to .y the ,nineer and if andwhene?er reFuired .y the ,nineer= he shall su.(it a correct return showin the na(es of allstaff and wor(en e(#loyed .y hi(!

2;73 In the e?ent of the ,nineer .ein of the o#inion that the Contractor is not e(#loyinon the wors a sufficient nu(.er of staff and wor(en as is necessary for #ro#er co(#letion ofthe wors within the ti(e #rescri.ed= the Contractor shall forthwith on recei?in inti(ation tothis effect de#loy the additional nu(.er of staff and la.our as s#ecified .y the ,nineer withinse?en days of .ein so reFuired and failure on the #art of the Contractor to co(#ly with suchinstructions will entitle the Railway to rescind the contract under Clause "2 of these conditions!

2;A7 Del+y)e#! O( ual'('e$ E#"'#eer* A! .+r/ S'!e* Hy T:e C+#!ra!+r ,

2;A71 'he contractor shall also e(#loy Hualified Graduate ,nineer or Hualified $i#lo(a<older ,nineer= .ased on ?alue of contract= as (ay .e #rescri.ed .y the -inistry of Railwaysthrouh se#arate instructions fro( ti(e to ti(e!

2;A72 In case the contractor fails to e(#loy the ,nineer= as aforesaid in Para 2"A!1= heshall .e lia.le to #ay #enalty at the rates= as (ay .e #rescri.ed .y the -inistry of Railwaysthrouh se#arate instructions fro( ti(e to ti(e for the default #eriod for the #ro?isions= ascontained in Para 2"A!1!

2;A73 o! of Fualified enineers reFuired to .e de#loyed .y the Contractor for ?ariousacti?ities contained in the wors contract shall .e s#ecified in the tender docu(ents as Qs#ecialcondition of contract8 .y the tender in?itin authority!

Authority 4 Railway @oard8s letter no! 2012DC,IDC'DOD20= ew $elhi= $ated 10!0+!2013





2<71 .+r/)a#*:' A#$ Te*!'#" , 'he whole of the wors andDor su##ly of (aterialss#ecified and #ro?ided in the contract or that (ay .e necessary to .e done in order to for( andco(#lete any #art thereof shall .e eecuted in the .est and (ost su.stantial wor(an lie(anner with (aterials of the .est and (ost a##ro?ed Fuality of their res#ecti?e inds= areea.leto the #articulars contained in or i(#lied .y the s#ecifications and as referred to in andre#resented .y the drawins or in such other additional #articulars= instructions and drawins

(ay .e found reFuisite to .e i?en durin the carryin on of the wors and to the entiresatisfaction of the ,nineer accordin to the instructions and directions which the Contractors(ay fro( ti(e to ti(e recei?e fro( the ,nineer! 'he (aterials (ay .e su.Bected to tests .y(eans of such (achines= instru(ents and a##liances as the ,nineer (ay direct and wholly atthe e#ense of the Contractor!

2<72 Re)+al O( I)r+er .+r/ A#$ &a!er'al* , 'he ,nineer or the ,nineerEsRe#resentati?e shall .e entitled to order fro( ti(e to ti(e4

:a; the re(o?al fro( the site within the ti(e s#ecified in the order of any (aterials whichin his o#inion are not in accordance with the s#ecifications or drawins!

:.; the su.stitution of #ro#er and suita.le (aterials= and

:c; the re(o?al and #ro#er reeecution= notwithstandin any #re?ious tests thereof or onaccount #ay(ents therefor= of any wor which in res#ect of (aterials or wor(anshi#is not in his o#inion in accordance with the s#ecifications and in case of default on the#art of the Contractor in carryin out such order= the Railway shall .e entitled torescind the contract under Clause "2 of these conditions!

2>7 Fa'l'!'e* F+r I#*e!'+# , 'he Contractor shall afford the ,nineer and the,nineerEs Re#resentati?e e?ery facility for enterin in and u#on e?ery #ortion of the wor at allhours for the #ur#ose of ins#ection or otherwise and shall #ro?ide all la.our= (aterials= #lans=ladders= #u(#s= a##liances and thins of e?ery ind reFuired for the #ur#ose and the ,nineerand the ,nineerEs Re#resentati?e shall at all ti(es ha?e free access to e?ery #art of the worsand to all #laces at which (aterials for the wors are stored or .ein #re#ared!

2?7 E%a)'#a!'+# O( .+r/ He(+re C+er'#" U , 'he Contractor shall i?e % days8notice to the ,nineer or the ,nineerEs Re#resentati?e whene?er any wor or (aterials areintended to .e co?ered u# in the earth= in .odies or walls or otherwise to .e #laced .eyond thereach of (easure(ents in order that the wor (ay .e ins#ected or that correct di(ensions (ay.e taen .efore .ein so co?ered= #laced .eyond the reach of (easure(ent in default whereof=the sa(e shall at the o#tion of the ,nineer or the ,nineerEs Re#resentati?e .e unco?ered and(easured at the ContractorEs e#ense or no allowance shall .e (ade for such wor or (aterials!

307 Te)+rary .+r/*, All te(#orary wors necessary for the #ro#er eecution of thewors shall .e #ro?ided and (aintained .y the Contractor and su.Bect to the consent of the,nineer shall .e re(o?ed .y hi( at his e#enses when they are no loner reFuired and in such

(anner as the ,nineer shall direct! In the e?ent of failure on the #art of the Contractor tore(o?e the te(#orary wors= the ,nineer will cause the( to .e re(o?ed and cost as increased.y su#er?ision and other incidental chares shall .e reco?ered fro( the Contractor! If te(#oraryhuts are #ro?ided .y the Contractor on the Railway land for la.our enaed .y hi( for theeecution of wors= the contractor shall arrane for handin o?er ?acant #ossession of the saidland after the wor is co(#letedN if the contractorEs la.our refuse to ?acate= and ha?e to .ereBected .y the Railway= necessary e#enses incurred .y the Railway in connection therewithshall .e .orne .y the Contractor!

3171 C+#!ra!+r T+ Suly .a!er F+r .+r/* , 6nless otherwise #ro?ided in theContract= the Contractor shall .e res#onsi.le for the arrane(ents to o.tain su##ly of waternecessary for the wors!

3172 .a!er Suly Fr+) Ra'l=ay Sy*!e) , 'he Railway (ay su##ly to the Contractor#art or whole of the Fuantity of the water reFuired for the eecution of wors fro( the RailwayEs





structures= eca?ations and wors and shall ensure that no da(ae= inBury or loss is caused orliely to .e caused to any #erson or #ro#erty!

3872 R+a$* A#$ .a!er C+ur*e* , ,istin roads or water courses shall not .e .locedcut throuh= altered= di?erted or o.structed in any way .y the Contractor= ece#t with the#er(ission of the ,nineer! All co(#ensations clai(ed for any unauthoriMed closure= cuttin

throuh= alteration= di?ersion or o.struction to such roads or water courses .y the Contractor orhis aent or his staff shall .e reco?era.le fro( the Contractor .y deduction fro( any su(s which(ay .eco(e due to hi( in ter(s of contract= or otherwise accordin to law!

3873 Pr+'*'+# O( Ae** T+ Pre)'*e* , $urin #roress of wor in any street orthorouhfare= the Contractor shall (ae adeFuate #ro?ision for the #assae of traffic= forsecurin safe access to all #re(ises a##roached fro( such street or thorouhfare and for anydrainae= water su##ly or (eans of lihtin which (ay .e interru#ted .y reasons of theeecution of the wors and shall react and (aintain at his own cost .arriers= lihts and othersafeuards as #rescri.ed .y the ,nineer= for the reulation of the traffic= and #ro?idewatch(en necessary to #re?ent accidents! 'he wors shall in such cases .e eecuted niht andday= if so ordered .y the ,nineer and with such ?iour so that the traffic way .e i(#eded for as

short a ti(e as #ossi.le!

3878 Sa(e!y O( Publ' , 'he Contractor shall .e res#onsi.le to tae all #recautions toensure the safety of the #u.lic whether on #u.lic or Railway #ro#erty and shall #ost such looout (en as (ay= in the o#inion of the ,nineer= .e reFuired to co(#ly with reulationsa##ertainin to the wor!

397 U*e O( E%l+*'e* , ,#losi?es shall not .e used on the wors or on the site .y theContractor without the #er(ission of the ,nineer and then only in the (anner and to the etentto which such #er(ission is i?en! here e#losi?es are reFuired for the wors= they shall .estored in a s#ecial (aaMine to .e #ro?ided .y and at the cost of the Contractor in accordancewith the ,#losi?e Rules! 'he Contractor shall o.tain the necessary license for the storae and

the use of e#losi?es and all o#erations in which or for which e#losi?es are e(#loyed shall .e atthe sole ris and res#onsi.ility of the Contractor and the Contractor shall inde(nify the Railwayin res#ect thereof!

3;71 Su*e#*'+# O( .+r/* , 'he Contractor shall on the order of the ,nineer= sus#endthe #roress of the wors or any #art thereof for such ti(e or ti(es and in such (anner as the,nineer (ay consider necessary and shall durin such sus#ension #ro#erly #rotect and securethe wor so far as is necessary in the o#inion of the ,nineer! If such sus#ension is4

:a; Pro?ided for in the contract= or

:.; ecessary for the #ro#er eecution of the wors or .y the reason of weatherconditions or .y so(e default on the #art of the Contractor= and or

:c; ecessary for the safety of the wors or any #art thereof!

3;72 'he Contractor shall not .e entitled to the etra costs= if any= incurred .y hi( durinthe #eriod of sus#ension of the wors= .ut in the e?ent of any sus#ension ordered .y the,nineer for reasons other than afore(entioned and when each such #eriod of sus#ensioneceeds 1* days= the Contractor shall .e entitled to such etension of ti(e for co(#letion of thewors as the ,nineer (ay consider #ro#er ha?in reard to the #eriod or #eriods of suchsus#ensions and to such co(#ensations as the ,nineer (ay consider reasona.le in res#ect ofsalaries or waes #aid .y the Contractor to his e(#loyees durin the #eriods of such sus#ension!

3;73 Su*e#*'+# La*!'#" &+re T:a# 3 &+#!:* , If the #roress of the wors or any#art thereof is sus#ended on the order of the ,nineer for (ore than three (onths at a ti(e=the Contractor (ay ser?e a written notice on the ,nineer reFuirin #er(ission within 1+ daysfro( the recei#t thereof to #roceed with the wors or that #art thereof in reard to which#roress is sus#ended and if such #er(ission is not ranted within that ti(e the Contractor .y





further written notice so ser?ed (ay= .ut is not .ound to= elect to treat the sus#ension where itaffects #art only of the wors as an o(ission of such #art or where it affects the whole of thewors= as an a.andon(ent of the contract .y the Railway!

3<7 Ra!e* F+r I!e)* O( .+r/* , 'he rates= entered in the acce#ted Schedule of Ratesof the Contract are intended to #ro?ide for wors duly and #ro#erly co(#leted in accordance

with the General and S#ecial :if any; Conditions of the Contract and the S#ecifications anddrawins toether with such enlare(ents= etensions= di(inutions= reductions= alterations oradditions as (ay .e ordered in ter(s of Clause *2 of these conditions and without #reBudice tothe enerality thereof and shall .e dee(ed to include and co?er su#erintendence and la.our=su##ly= includin full freiht of (aterials= stores= #atterns= #rofiles= (oulds= fittins= centrins=scaffoldin= shorin #ro#s= ti(.er= (achinery= .arracs= tacle= roads= #es= #osts= tools and alla##aratus and #lant reFuired on the wors= ece#t such tools= #lant or (aterials as (ay .es#ecified in the contract to .e su##lied to the Contractor .y the Railway= the erection=(aintenance and re(o?al of all te(#orary wors and .uildins= all watchin= lihtin= .ailin=#u(#in and drainin= all #re?ention of or co(#ensation for tres#ass= all .arriers andarrane(ents for the safety of the #u.lic or of e(#loyees durin the eecution of wors= allsanitary and (edical arrane(ents for la.our ca(#s as (ay .e #rescri.ed .y the Railway= the

settin of all wor and of the construction= re#air and u#ee# of all centre lines= .ench (arsand le?el #es thereon= site clearance= all fees duties= royalties= rent and co(#ensation toowners for surface da(ae or taes and i(#ositions #aya.le to local authorities in res#ect ofland= structures and all (aterial su##lied for the wor or other duties of e#enses for which theContractor (ay .eco(e lia.le or (ay .e #ut to under any #ro?ision of law for the #ur#ose of orin connection with the eecution of the contract and all such other incidental chares orcontinencies as (ay ha?e .een s#ecially #ro?ided for in the S#ecifications!

3>7 De)urra"e A#$ .:ar(a"e Due* , $e(urrae chares calculated in accordancewith the scale in force for the ti(e .ein on the Railway and incurred .y the Contractor failin toload or unload any oods of (aterials within the ti(e allowed .y the Railway for loadin as alsowharfae chares= of (aterials not re(o?ed in ti(e as also chares due on consin(ents

.ooed .y or to hi( shall .e #aid .y the Contractor= failin which such chares shall .e de.itedto the ContractorEs account in the hands of the Railway and shall .e deducted fro( any su(swhich (ay .eco(e due to hi( in ter(s of the contracts!

3?7 1 Ra!e* F+r E%!ra I!e)* O( .+r/* , Any ite( of wor carried out .y the Contractoron the instructions of the ,nineer which is not included in the acce#ted Schedules of Rates shall.e eecuted at the rates set forth in the Schedule of Rates of Railway (odified .y the tender#ercentae and such ite(s are not contained in the latter= at the rate areed u#on .etween the,nineer and the Contractor .efore the eecution of such ite(s of wor and the Contractorsshall .e .ound to notify the ,nineer at least se?en days .efore the necessity arises for theeecution of such ite(s of wors that the acce#ted Schedule of Rates does not include rate orrates for the etra wor in?ol?ed! 'he rates #aya.le for such ite(s shall .e decided at the(eetin to .e held .etween the ,nineer and Contractor= in as short a #eriod as #ossi.le after

the need for the s#ecial ite( has co(e to the notice! In case the Contractor fails to attend the(eetin after .ein notified to do so or in the e?ent of no settle(ent .ein arri?ed at= theRailway shall .e entitled to eecute the etra wors .y other (eans and the Contractor shallha?e no clai( for loss or da(ae that (ay result fro( such #rocedure!

3?72 Pro?ided that if the Contractor co((ences wor or incurs any e#enditure in reardthereto .efore the rates as deter(ined and areed u#on as lastly hereuntofore(entioned= thenand in such a case the Contractor shall only .e entitled to .e #aid in res#ect of the wor carriedout or e#enditure incurred .y hi( #rior to the date of deter(ination of the rates as aforesaidaccordin to the rates as shall .e fied .y the ,nineer! <owe?er= if the Contractor is notsatisfied with the decision of the ,nineer in this res#ect= he (ay a##eal to the Chief ,nineerwithin 30 days of ettin the decision of the ,nineer= su##orted .y analysis of the ratesclai(ed! 'he Chief ,nineerEs decision after hearin .oth the #arties in the (atter would .e finaland .indin on the Contractor and the Railway!





8071 4a#$'#" Oer O( .+r/* , 'he Contractor shall .e .ound to hand o?er the worseecuted under the contract to the Railway co(#lete in all res#ects to the satisfaction of the,nineer! 'he ,nineer shall deter(ine the date on which the wor is considered to ha?e .eenco(#leted= in su##ort of which his certificate shall .e rearded as sufficient e?idence for all#ur#oses! 'he ,nineer shall deter(ine fro( ti(e to ti(e= the date on which any #articularsection of the wor shall ha?e .een co(#leted= and the contractor shall .e .ound to o.ser?e any

such deter(ination of the ,nineer!

8072 Cleara#e O( S'!e O# C+)le!'+# , On co(#letion of the wors= the Contractorshall clear away and re(o?e fro( the site all constructional #lant= sur#lus (aterials= ru..ish andte(#orary wors of e?ery ind and lea?e the whole of the site and wors clean and in awor(an lie condition to the satisfaction of the ,nineer! o final #ay(ent in settle(ent of theaccounts for the wors shall .e #aid= held to .e due or shall .e (ade to the= Contractor till= inaddition to any other condition necessary for final #ay(ent= site clearance shall ha?e .eenaffected .y hi(= and such clearance (ay .e (ade .y the ,nineer at the e#ense of theContractor in the e?ent of his failure to co(#ly with this #ro?ision within % days after recei?innotice to that effect! Should it .eco(e necessary for the ,nineer to ha?e the site cleared at thee#enses of the Contractor= the Railway shall not .e held lia.le for any loss or da(ae to suchof the ContractorEs #ro#erty as (ay .e on the site and due to such re(o?al there fro( whichre(o?al (ay .e affected .y (eans of #u.lic sales of such (aterials and #ro#erty or in such away as dee(ed fit and con?enient to the ,nineer!

ARIATIONS IN EXTENT OF CONTRACT

817 &+$'('a!'+# T+ C+#!ra! T+ He I# .r'!'#" , In the e?ent of any of the #ro?isionsof the contract reFuirin to .e (odified after the contract docu(ents ha?e .een sined= the(odifications shall .e (ade in writin and sined .y the Railway and the Contractor and nowor shall #roceed under such (odifications until this has .een done! Any ?er.al or writtenarrane(ent a.andonin= (odifyin= etendin= reducin or su##le(entin the contract or anyof the ter(s thereof shall .e dee(ed conditional and shall not .e .indin on the Railway unless

and until the sa(e is incor#orated in a for(al instru(ent and sined .y the Railway and theContractor= and till then the Railway shall ha?e the riht to re#udiate such arrane(ents!

8271 P+=er* +( &+$'('a!'+# T+ C+#!ra! , 'he ,nineer on .ehalf of the Railway shall.e entitled .y order in writin to enlare or etend= di(inish or reduce the wors or (ae anyalterations in their desin= character #osition= site= Fuantities= di(ensions or in the (ethod oftheir eecution or in the co(.ination and use of (aterials for the eecution thereof or to orderany additional wor to .e done or any wors not to .e done and the contractor will not .eentitled= to any co(#ensation for any increaseDreduction in the Fuantities of wor .ut will .e#aid only for the actual a(ount of wor done and for a##ro?ed (aterials su##lied aainst as#ecific order!

8272 :i; 6nless otherwise s#ecified in the s#ecial conditions of the contract= the acce#ted?ariation in Fuantity of each indi?idual ite( of the contract would .e u#to 2+ of the Fuantityoriinally contracted= ece#t in case of foundation wor! 'he contractor shall .e .ound to carryout the wor at the areed rates and shall not .e entitled to any clai( or any co(#ensationwhatsoe?er u#to the li(it of 2+ ?ariation in Fuantity of indi?idual ite( of wors!

:ii; In case of earthwor= the ?ariation li(it of 2+ shall a##ly to the ross Fuantityof earth wor and ?ariation in the Fuantities of indi?idual classifications of soil shall not .esu.Bect to this li(it!

:iii; In case of foundation wor= no ?ariation li(it shall a##ly and the wor shall .ecarried out .y the contractor on areed rates irres#ecti?e of any ?ariation!

8273 alua!'+# O( ar'a!'+#* , 'he enlare(ents= etensions= di(inution= reduction=alterations or additions referred to in Su.Clause :2; of this Clause shall in no deree affect the?alidity of the contractN .ut shall .e #erfor(ed .y the Contractor as #ro?ided therein and .e





su.Bect to the sa(e conditions= sti#ulations and o.liations as if they had .een oriinally ande#ressi?ely included and #ro?ided for in the S#ecifications and $rawins and the a(ounts to .e#aid therefor shall .e calculated in accordance with the acce#ted Schedule of Rates! Any etraite(sDFuantities of wor fallin outside the #ur?iew of the #ro?isions of Su.Clause :2; a.o?eshall .e #aid for at the rates deter(ined under Clause3/ of these Conditions!

8278 ar'a!'+#* I# ua#!'!'e* Dur'#" E%eu!'+# O( .+r/* C+#!ra!* , 'he #roceduredetailed .elow shall .e ado#ted for dealin with ?ariations in Fuantities durin eecution ofwors contracts4

1! Indi?idual S ite(s in contracts shall .e o#erated with ?ariation of #lus or (inus 2+and #ay(ent would .e (ade as #er the aree(ent rate! &or this= no financeconcurrence would .e reFuired!

2! In case an increase in Fuantity of an indi?idual ite( .y (ore than 2+ of thearee(ent Fuantity is considered una?oida.le= the sa(e shall .e ot eecuted .yfloatin a fresh tender! If floatin a fresh tender for o#eratin that ite( is considerednot #ractica.le= Fuantity of that ite( (ay .e o#erated in ecess of 12+ of thearee(ent Fuantity su.Bect to the followin conditions4

:a; O#eration of an ite( .y (ore than 12+ of the aree(ent Fuantity needs thea##ro?al of an officer of the ran not less than S!A! GradeN

:i; Huantities o#erated in ecess of 12+ .ut u#to 1*0 of the aree(ent Fuantity ofthe concerned ite(= shall .e #aid at /) of the rate awarded for that ite( in that#articular tenderN

:ii; Huantities o#erated in ecess of 1*0 .ut u#to 1+0 of the aree(ent Fuantity ofthe concerned ite( shall .e #aid at /" of the rate awarded for that ite( in that#articular tenderN

:iii; 7ariation in Fuantities of indi?idual ite(s .eyond 1+0 will .e #rohi.ited and would.e #er(itted only in ece#tional una?oida.le circu(stances with the concurrence of

associate finance and shall .e #aid at /" of the rate awarded for that ite( in that#articular tender!

:.; 'he ?ariation in Fuantities as #er the a.o?e for(ula will a##ly only to the Indi?idualite(s of the contract and not on the o?erall contract ?alue!

:c; ,ecution of Fuantities .eyond 1+0 of the o?erall aree(ental ?alue should not .e#er(itted and= if found necessary= should .e only throuh fresh tenders or .yneotiatin with eistin contractor= with #rior #ersonal concurrence of &ACAO D&ACAO:C; and a##ro?al of General -anaer!

3! In cases where decrease is in?ol?ed durin eecution of contract4

:a; 'he contract sinin authority can decrease the ite(s u#to 2+ of indi?idual ite(without finance concurrence!

:.; &or decrease .eyond 2+ for indi?idual ite(s or 2+ of contract aree(ent ?alue=the a##ro?al of an officer not less than ran of S!A! Grade (ay .e taen= aftero.tainin Eo Clai( CertificateE fro( the contractor and with finance concurrence=i?in detailed reasons for each such decrease in the Fuantities!

:c; It should .e certified that the wor #ro#osed to .e reduced will not .e reFuired in thesa(e wor!

*! 'he li(it for ?aryin Fuantities for (inor ?alue ite(s shall .e 100 :as aainst 2+#rescri.ed for other ite(s;! A (inor ?alue ite( for this #ur#ose is defined as an ite(whose oriinal aree(ent ?alue is less than 1 of the total oriinal aree(ent ?alue!

+! o such Fuantity ?ariation li(it shall a##ly for foundation ite(s!

"! As far as SOR ite(s are concerned= the li(it of 2+ would a##ly to the ?alue of SORschedule as a whole and not on indi?idual SOR ite(s! <owe?er= in case of S ite(s=




As On 30th June 2013 Pae *0

the li(it of 2+ would a##ly on the indi?idual ite(s irres#ecti?e of the (anner ofFuotin the rate :sinle #ercentae rate or indi?idual ite( rate;!

%! &or the tenders acce#ted at 5onal Railways le?el= ?ariations in the Fuantities will .ea##ro?ed .y the authority in whose #owers re?ised ?alue of the aree(ent lies!

)! &or tenders acce#ted .y General -anaer= ?ariations u#to 12+ of the oriinal

aree(ent ?alue (ay .e acce#ted .y General -anaer!

/! &or tenders acce#ted .y @oard -e(.ers and Railway -inisters= ?ariations u#to 110of the oriinal aree(ent ?alue (ay .e acce#ted .y General -anaer!

10! 'he as#ect of ?itiation of tender with res#ect to ?ariation in Fuantities should .echeced and a?oided! In case of ?itiation of the tender :.oth for increase as well asdecrease of ?alue of contract aree(ent;= sanction of the co(#etent authority as #ersinle tender should .e o.tained!

Authority 4 :1; Ite(/ to Railway @oardEs letter no! 200%DC,IIC'D1)= $ated 2)!0/!0% and

:2; Ite(2 to Railway @oard8s letter no! 200%DC,!IIC'D1)DPt!KII= $ated 31!12!10

CLAI&S

8371 &+#!:ly S!a!e)e#! O( Cla')* , 'he Contractor shall #re#are and furnish to the,nineer once in e?ery (onth an account i?in full and detailed #articulars of all clai(s for anyadditional e#enses to which the Contractor (ay consider hi(self entitled to and of all etra oradditional wors ordered .y the ,nineer which he has eecuted durin the #recedin (onthand no clai( for #ay(ent for and such wor will .e considered which has not .een included insuch #articulars!

8372 S'"#'#" O( N+ Cla') Cer!'('a!e , 'he Contractor shall not .e entitled to (aeany clai( whatsoe?er aainst the Railway under or .y ?irtue of or arisin out of this contract=nor shall the Railway entertain or consider any such clai(= if (ade .y the Contractor= after he

shall ha?e sined a o Clai( Certificate in fa?our of the Railway in such for( as shall .ereFuired .y the Railway after the wors are finally (easured u#! 'he Contactor shall .e de.arredfro( dis#utin the correctness of the ite(s co?ered .y o Clai( Certificate or de(andin aclearance to ar.itration in res#ect thereof!

&EASURE&ENTS CERTIFICATES AND PA&ENTS

887 ua#!'!'e* I# S:e$ule A##e%e$ T+ C+#!ra! , 'he Fuantities set out in theacce#ted Schedule of Rates with ite(s of wors Fuantified are the esti(ated Fuantities of thewors and they shall not .e taen as the actual and correct Fuantities of the wor to .eeecuted .y the Contractor in fulfill(ent of his o.liations under the contract!

897 &ea*ure)e#! O( .+r/* , 'he Contractor shall .e #aid for the wors at the rates inthe acce#ted Schedule of Rates and for etra wors at rates deter(ined under Clause 3/ ofthese Conditions on the (easure(ents taen .y the ,nineer or the ,nineerEs re#resentati?e inaccordance with the rules #rescri.ed for the #ur#ose .y the Railway! 'he Fuantities for ite(s theunit of which in the acce#ted Schedule of Rates is 100 or 1000 shall .e calculated to the nearestwhole nu(.er= any fraction .elow half .ein dro##ed and half and a.o?e .ein taen as oneNfor ite(s the unit of which in the acce#ted Schedule of Rates is sinle= the Fuantities shall .ecalculated to two #laces of deci(als! Such (easure(ents will .e taen of the wor in #roressfro( ti(e to ti(e and at such inter?als as in the o#inion of the ,nineer shall .e #ro#er ha?inreard to the #roress of wors! 'he date and ti(e on which Qon account8 or Qfinal8(easure(ents are to .e (ade shall .e co((unicated to the Contractor who shall .e #resent at

the site and shall sin the results of the (easure(ents :which shall also .e sined .y the,nineer or the ,nineerEs re#resentati?e; recorded in the official (easure(ents .oo as anacnowlede(ent of his acce#tance of the accuracy of the (easure(ents! &ailin the





tender! 'he Price 7ariation shall .e .ased on the a?erae Price Inde of the Fuarterunder consideration!

8;A73 Rates acce#ted .y Railway Ad(inistration shall hold ood till co(#letion of wor andno additional indi?idual clai( shall .e ad(issi.le on account of fluctuations in (aretrates= increase in taesDany other le?iesDtolls etc! ece#t that #ay(entDreco?ery for

o?erall (aret situation shall .e (ade as #er Price 7ariation Clause i?en hereunder!

8;A78 AdBust(ent for ?ariation in #rices of (aterial= la.our= fuel= e#losi?es= detonators=steel= concretin= ferrous= nonferrous= insulators= Minc and ce(ent shall .e deter(inedin the (anner #rescri.ed!

8;A79 Co(#onents of ?arious ite(s in a contract on which ?ariation in #rices .e ad(issi.le=shall .e -aterial= >a.our= &uel= ,#losi?es= $etonators= Steel= Ce(ent= Concretin=&errous= onferrous= Insulator= 5inc= ,rection etc! <owe?er= for fied co(#onents= no#rice ?ariation shall .e ad(issi.le!

8;A7; 'he #ercentaes of la.our co(#onent= (aterial co(#onent= fuel co(#onent etc! in

?arious ty#es of ,nineerin ors shall .e as under 4

C+)+#e#! Pere#!a"e C+)+#e#! Pere#!a"e

A Ear!:=+r/ C+#!ra!* ,

>a.our Co(#onent +0 Other -aterial Co(#onents 1+

&uel Co(#onent 20 &ied Co(#onent W 1+

H Halla*! a#$ uarry Pr+$u!* C+#!ra!* ,

>a.our Co(#onent ++ Other -aterial Co(#onents 1+

&uel Co(#onent 1+ &ied Co(#onent W 1+

C Tu##ell'#" C+#!ra!* ,

>a.our Co(#onent *+ $etonators Co(#onent +

&uel Co(#onent 1+ Other -aterial Co(#onents +

,#losi?e Co(#onent 1+ &ied Co(#onent W 1+

D O!:er .+r/* C+#!ra!* ,

>a.our Co(#onent 30 &uel Co(#onent 1+

-aterial Co(#onent *0 &ied Co(#onent W 1+

W It shall not .e considered for any #rice ?ariation!

8;A7< 'he A(ount of ?ariation in #rices in se?eral co(#onents :la.our (aterial etc!; shall .ewored out .y the followin for(ulae 4

:i; > V R :IIo; PIo 100

:ii; - V R :o; Ho 100

:iii; 6 V R :&&o; 5&o 100

:i?; K V R :,,o; S,o 100

:?; V R :$$o; '$o 100

:?i; -s V O :@s@so;

:?ii;

-c V A :cco;Dco





F+r Ra'l=ay Ele!r'('a!'+# .+r/* ,

:?iii; -cc V X:CCo;DCo 0!*13"Y G

:i; -f V X:SfSfo;DSfo Z :55o;D5o 0!0"Y <

:; -nf V X:CuCuo;DCuoY J

:i; -M V X:55o;D5oY

:ii; -I V X:In – Ino;DInY )+

here=> A(ount of #rice ?ariation in >a.our

- A(ount of #rice ?ariation in -aterials

6 A(ount of #rice ?ariation in &uel

K A(ount of #rice ?ariation in ,#losi?es

A(ount of #rice ?ariation in $etonators

-s A(ount of #rice ?ariation in Steel

-c A(ount of #rice ?ariation in Ce(ent

-cc A(ount of #rice ?ariation in Concretin

-f A(ount of #rice ?ariation in &errous

-nf A(ount of #rice ?ariation in on&errous

-M A(ount of #rice ?ariation in 5inc

-I A(ount of #rice ?ariation in Insulator

O eiht of steel in tonnes su##lied .y the contractor as #er the Qonaccount8 .illfor the (onth under consideration

R Gross ?alue of wor done .y contractor as #er onaccount .ill:s; ecludin costof (aterials su##lied .y Railway at fied #rice (inus the #rice ?alues of ce(ent steel! 'his will also eclude s#ecific #ay(ent= if any= to .e (ade to theconsultants enaed .y contractors :such #ay(ent shall .e indicated in thecontractor8s offer;

A 7alue of Ce(ent su##lied .y Contractor as #er on account .ill in the Fuarter

under considerationIo Consu(er Price Inde u(.er for Industrial orers All India Pu.lished inR!@!I! @ulletin for the .ase #eriod

I Consu(er Price Inde u(.er for Industrial orers All India Pu.lished inR!@!I! @ulletin for the a?erae #rice inde of the 3 (onths of the Fuarter underconsideration

o Inde u(.er of holesale Prices – @y Grou#s and Su.Grou#s – Allco((odities – as #u.lished in the R!@!I! @ulletin for the .ase #eriod

Inde u(.er of holesale Prices – @y Grou#s and Su. Grou#s – Allco((odities – as #u.lished in the R!@!I! @ulletin for the a?erae #rice inde ofthe 3 (onths of the Fuarter under consideration

&o Inde u(.er of holesale Prices – @y Grou#s and Su.Grou#s for &uel= Power=

>iht and >u.ricants as #u.lished in the R!@!I! @ulletin for the .ase #eriod& Inde u(.er of holesale Prices – @y Grou#s and Su.Grou#s for &uel= Power=

>iht and >u.ricants as #u.lished in the R!@!I! @ulletin for the a?erae #riceinde of the 3 (onths of the Fuarter under consideration

,o Cost of e#losi?es as fied .y $GS$ in the rele?ant rate contract of the fir(fro( who( #urchases of e#losi?es are (ade .y the contractor for the .ase#eriod

, Cost of e#losi?es as fied .y $GS$ in the rele?ant rate contract of the fir(fro( who( #urchases of e#losi?es are (ade .y the contractor for the a?erae#rice inde of the 3 (onths of the Fuarter under consideration

$o Cost of detonators as fied .y $GS$ in the rele?ant rate contract of the fir(fro( who( #urchases of detonators are (ade .y the contractor for the .ase

#eriod




As On 30th June 2013 Pae **

$ Cost of detonators as fied .y $GS$ in the rele?ant rate contract of the fir(fro( who( #urchases of detonators are (ade .y the contractor for the a?erae#rice inde of the 3 (onths of the Fuarter under consideration

@s SAI>8s :Steel Authority of India >i(ited; ewors #rice #lus ,cise $uty thereof:in ru#ees #er tonne; for the rele?ant cateory of steel su##lied .y thecontractor as #re?ailin on the first day of the (onth in which the steel was

#urchased .y the contractor :or; as #re?ailin on the first day of the (onth inwhich steel was .rouht to the site .y the contractor whiche?er is lower

@so SAI>8s ewors #rice #lus ,cise $uty thereof :in Rs! #er tonne; for the rele?antcateory of steel su##lied .y the contractor as #re?ailin on the first day of the(onth in which the tender was o#ened

co Inde o! of holesale Price of su.rou# :of Ce(ent; as #u.lished in R@I@ulletin for the .ase #eriod

c Inde o! of holesale Price of su.rou# :of Ce(ent; as #u.lished in R@I@ulletin for the a?erae #rice inde of the 3 (onths of the Fuarter underconsideration

C R@I wholesale #rice inde for ce(ent for the (onth which is si (onths #rior todate of castin of foundation

Co R@I wholesale #rice inde for ce(ent for the (onth which is one (onth #rior todate of o#enin of tender

5 I,,-A #rice for 5inc for the (onth which is two (onths #rior to date ofins#ection of (aterial

5o I,,-A #rice for 5inc for the (onth which is one (onth #rior to date of o#eninof tender

Cu I,,-A #rice for Co##er wire .ar for the (onth which is two (onths #rior to dateof ins#ection of (aterial!

Cuo I,,-A #rice for Co##er wire .ar for the (onth which is one (onth #rior to dateof o#enin of tender!

Sf I,,-A #rice inde for Iron Steel for the (onth which is two (onths #rior todate of ins#ection of (aterial!

Sfo I,,-A #rice inde for Iron Steel for the (onth which is one (onth #rior todate of o#enin of tender!

In R@I wholesale #rice inde for Structural Clay Products for the (onth which istwo (onths #rior to date of ins#ection of (aterial

Ino R@I wholesale #rice inde for Structural Clay Products for the (onth which isone (onth #rior to date of o#enin of tender

P of >a.our co(#onent

H of -aterial co(#onent

5 of &uel co(#onent

S of ,#losi?e co(#onent

' of $etonators co(#onent

G of Concretin Co(#onent< of &errous Co(#onent

J of on&errous Co(#onent

of 5inc Co(#onent

8;A7> 'he de(ands for escalation of cost shall .e allowed on the .asis of #ro?isional indices(ade a?aila.le .y Reser?e @an of India! Any adBust(ent needed to .e done .asedon the finally #u.lished indices shall .e (ade as and when they .eco(e a?aila.le!

8;A7? Rele?ant cateories of steel for the #ur#ose of o#eratin Price 7ariation for(ula= as(entioned in this Clause= .ased on SAI>8s ewors #rice #lus ,cise $uty thereof=shall .e as under 4




As On 30th June 2013 Pae *+

SL Ca!e"+ry O( S!eel Sul'e$I# Ra'l=ay .+r/

Ca!e"+ry O( S!eel Pr+$ue$ Hy SAIL .:+*eE%-.+r/* Pr'e Plu* E%'*e Du!y .+ul$ He

A$+!e$ T+ De!er)'#e Pr'e ar'a!'+#

1 Reinforce(ent .ars and otherrounds

'-' )(( IS 1%)" &e *1+D&e +00

2! All ty#es and siMes of anles Anle "+ "+ " (( IS 20"2 ,2+0A SU

3! All ty#es and siMes of #lates P- Plates a.o?e 1020 (( IS 20"2 ,2+0A SU

*! All ty#es and siMes of channelsand Boists

Channels 200 %+ (( IS 20"2 ,2+0A SU

+! Any other section of steel notco?ered in the a.o?e cateoriesand ecludin <'S

A?erae of #rice for the 3 cateories co?ered underS> 1= 2 3 a.o?e

8;A710 Pr'e ar'a!'+# Dur'#" E%!e#$e$ Per'+$ O( C+#!ra!

'he #rice adBust(ent as wored out a.o?e= i!e! either increase or decrease shall .e

a##lica.le u#to the sti#ulated date of co(#letion of wor includin the etended#eriod of co(#letion where such etension has .een ranted under Clause 1%A of theGeneral Conditions of Contract! <owe?er= where etension of ti(e has .een ranteddue to contractor8s failure under Clause 1%@ of the General Conditions of Contract=#rice adBust(ent shall .e done as follows 4

:a; In case the indices increase a.o?e the indices a##lica.le to the last (onth of oriinalco(#letion #eriod or the etended #eriod under Clause 1%A= the #rice adBust(ent forthe #eriod of etension ranted under Clause 1%@ shall .e li(ited to the a(ount#aya.le as #er the Indices a##lica.le to the last (onth of the oriinal co(#letion#eriod or the etended #eriod under Clause 1%A of the General Conditions ofContractN as the case (ay .e!

:.; In case the indices fall .elow the indices a##lica.le to the last (onth of oriinalDetended #eriod of co(#letion under Clause 1%A= as the case (ay .eN then the lowerindices shall .e ado#ted for the #rice adBust(ent for the #eriod of etension underClause 1%@ of the General Conditions of Contract!

Authority 4 Railway @oard8s letters no! 200%DC,IDC'D1)DPt!1/= dated 1*!12!12 and 0%!0+!13

8<7 &a'#!e#a#e O( .+r/* , 'he Contractor shall at all ti(es durin the #roress andcontinuance of the wors and also for the #eriod of (aintenance s#ecified in the 'ender &or(after the date of #assin of the certificate of co(#letion .y the ,nineer or any other earlierdate su.seFuent to the co(#letion of the wors that (ay .e fied .y the ,nineer .eres#onsi.le for and effecti?ely (aintain and u#hold in ood su.stantial= sound and #erfectcondition all and e?ery #art of the wors and shall (ae ood fro( ti(e to ti(e and at all ti(es

as often as the ,nineer shall reFuire= any da(ae or defect that (ay durin the a.o?e #eriodarise in or .e disco?ered or .e in any way connected with the wors= #ro?ided that such da(aeor defect is not directly caused .y errors in the contract docu(ents= act of #ro?idence orinsurrection or ci?il riot= and the Contractor shall .e lia.le for and shall #ay and (ae ood tothe Railway or other #ersons leally entitled thereto whene?er reFuired .y the ,nineer so to do=all losses= da(aes= costs and e#enses they or any of the( (ay incur or .e #ut or .e lia.le to.y reasons or in conseFuence of the o#erations of the Contractor or of his failure in any res#ect!

8>71 Cer!'('a!e O( C+)le!'+# O( .+r/* , As soon as in the o#inion of the ,nineer=the wor has .een co(#leted and has satisfactorily #assed any final test or tests that (ay .e#rescri.ed= the ,nineer shall issue a certificate of co(#letion duly indicatin the date ofco(#letion in res#ect of the wor and the #eriod of (aintenance of the wor shall co((ence

fro( the date of co(#letion (entioned in such certificate! 'he ,nineer (ay also issue such acertificate indicatin date of co(#letion with res#ect to any #art of the wor :.efore theco(#letion of the whole of wor;= which has .een .oth co(#leted to the satisfaction of the




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,nineer and occu#ied or used .y the Railway! hen any such certificate is i?en in res#ect of#art of a wor= such #art shall .e considered as co(#leted and the #eriod of (aintenance ofsuch #art shall co((ence fro( the date of co(#letion (entioned in the co(#letion certificateissued for that #art of the wor!

Authority 4 Railway @oard8s letter no!2010DC,IDC'D11= $ated 11!0"!2010

8>72 C+#!ra!+r N+! Ab*+le$ Hy C+)le!'+# Cer!'('a!e , 'he Certificate ofCo(#letion in res#ect of the wors referred to in Su.Clause :1; of this Clause shall not a.sol?ethe Contractor fro( his lia.ility to (ae ood any defects i(#erfections= shrinaes or faultswhich (ay a##ear durin the #eriod of (aintenance s#ecified in the tender arisin in the o#inionof the ,nineer fro( (aterials or wor(anshi# not in accordance with the drawins ors#ecifications or instruction of the ,nineer= which defects= i(#erfections= shrinaes or faultsshall u#on the direction in writin of the ,nineer .e a(ended and (ade ood .y the Contractorat his own costN and in case of default on the #art of Contractor= the ,nineer (ay e(#loyla.our and (aterials or a##oint another Contractor to a(end and (ae ood such defects=i(#erfections= shrinaes and faults and all e#enses conseFuent thereon and incidental theretoshall .e .orne .y the Contractor and shall .e reco?era.le fro( any (oneys due to hi( underthe contract!

8?7 Ar+al O#ly Hy &a'#!e#a#e Cer!'('a!e , o certificate other than(aintenance certificate referred to in Clause +0 of the Conditions shall .e dee(ed to constitutea##ro?al of any wor or other (atter in res#ect of which it is issued or shall .e taen as anad(ission of the due #erfor(ance of the contract or any #art thereof or of the accuracy of anyclai( or de(and (ade .y the Contractor or of additional ?aried wor ha?in .een ordered .ythe ,nineer nor shall any other certificate conclude or #reBudice any of the #owers of the,nineer!

9071 &a'#!e#a#e Cer!'('a!e , 'he Contract shall not .e considered as co(#leted until a-aintenance Certificate shall ha?e .een sined .y the ,nineer statin that the wors ha?e .eenco(#leted and (aintained to his satisfaction! 'he (aintenance Certificate shall .e i?en .y the

,nineer u#on the e#iration of the #eriod of (aintenance or as soon thereafter as any worsordered durin such #eriod #ursuant to Su. Clause :2; to Clause *) of these Conditions shallha?e .een co(#leted to the satisfaction of the ,nineer and full effect shall .e i?en to thisClause notwithstandin the tain #ossession of or usin the wors or any #art thereof .y theRailway!

9072 Ce**a!'+# O( Ra'l=ayB* L'ab'l'!y , 'he Railway shall not .e lia.le to the Contractorfor any (atter arisin out of or in connection with the contract of the eecution of the worsunless the Contractor shall ha?e (ade a clai( in writin in res#ect thereof .efore the issue ofthe -aintenance Certificate under this clause!

9073 U#(ul('lle$ Obl'"a!'+#* , otwithstandin the issue of the -aintenance Certificate

the Contractor and :su.Bect to Su.Clause :2; of this Clause; the Railway shall re(ain lia.le forthe fulfill(ent of any o.liation incurred under the #ro?ision of the contract #rior to the issue ofthe -aintenance Certificate which re(ains un#erfor(ed at the ti(e such certificate is issued andfor the #ur#oses of deter(inin the nature and etent of any such o.liations= the contract shall.e dee(ed to re(ain in force .etween the #arties thereto!

9171 F'#al Pay)e#! , On the ,nineerEs certificate of co(#letion in res#ect of the wors=adBust(ent shall .e (ade and the .alance of account .ased on the ,nineer or the ,nineerEsre#resentati?eEs certified (easure(ents of the total Fuantity of wor eecuted .y the Contractoru#to the date of co(#letion and on the acce#ted schedule or rates and for etra wors on ratesdeter(ined under Clause 3/ of these Conditions shall .e #aid to the Contractor su.Bect always toany deduction which (ay .e (ade under these #resents and further su.Bect to the Contractorha?in deli?ered to the ,nineer either a full account in detail of all clai(s he (ay ha?e on theRailway in res#ect of the wors or ha?in deli?ered o Clai( Certificate and the ,nineerha?in after the recei#t of such account i?en a certificate in writin that such clai(s are correct=




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that the whole of the wors to .e done under the #ro?isions of the Contracts ha?e .eenco(#leted= that they ha?e .een ins#ected .y hi( since their co(#letion and found to .e in oodand su.stantial order= that all #ro#erties= wors and thins= re(o?ed= distur.ed or inBured inconseFuence of the wors ha?e .een #ro#erly re#laced and (ade ood and all e#enses andde(ands incurred .y or (ade u#on the Railway for or in the res#ect of da(ae or loss .y fro(or in conseFuence of the wors= ha?e .een satisfied areea.ly and in confor(ity with the

contract!

9172 P+*! Pay)e#! Au$'! , It is an areed ter( of contract that the Railway reser?es toitself the riht to carry out a #ost#ay(ent audit and or technical ea(ination of the wors andthe final .ill includin all su##ortin ?ouchers= a.stracts etc! and to (ae a clai( on thecontractor for the refund any ecess a(ount #aid to hi(= if as a result of such ea(ination anyo?er#ay(ent to hi( is disco?ered to ha?e .een (ade in res#ect of any wors done or alleedto ha?e .een done .y hi( under the contract!

91-A7 Pr+$u!'+# O( +u:er* E!7 Hy T:e C+#!ra!+r ,

:i; &or a contract of (ore than one crore of ru#ees= the contractor shall= whene?erreFuired= #roduce or cause to .e #roduced for ea(ination .y the ,nineer anyFuotation= in?oice= cost or other account= .oo of accounts= ?oucher= recei#t= letter=(e(orandu(= #a#er of writin or any co#y of or etract fro( any such docu(ent andalso furnish infor(ation and returns ?erified in such (anner as (ay .e reFuired in anyway relatin to the eecution of this contract or rele?ant for ?erifyin or ascertainincost of eecution of this contract :the decision of the ,nineer on the Fuestion ofrele?ancy of any docu(ents= infor(ation or return .ein final and .indin in the#arties;! 'he contractor shall si(ilarly #roduce ?ouchers etc!= if reFuired to #ro?e tothe ,nineer= that (aterials su##lied .y hi(= are in accordance with the s#ecificationslaid down in the contract!

:ii; If any #ortion of the wor in a contract of ?alue (ore than one crore of ru#ees .ecarried out .y a su.contractor or any su.sidiary or allied fir( or co(#any :as #er

Clause % of the General Conditions of Contract;= the ,nineer shall ha?e #ower tosecure the .oos of such su.contract or any su.sidiary or allied fir( or co(#any=throuh the contractor= and such .oos shall .e o#en to his ins#ection!

:iii; 'he o.liations i(#osed .y Su. Clause :i; :ii; a.o?e is without #reBudice to theo.liations of the contractor under any statute rules or orders .indin on thecontractor!

927 .'!::+l$'#" A#$ L'e# I# Re*e! O( Su)* Cla')e$ , hene?er any clai( orclai(s for #ay(ent of a su( of (oney arises out of or under the contract aainst the contractor=the Railway shall .e entitled to withhold and also ha?e a lien to retain such su( or su(s inwhole or in #art fro( the security= if any= de#osited .y the contractor and for the #ur#oseaforesaid= the Railway shall .e entitled to withhold the said cash Security $e#osit or the Security

if any= furnished as the case (ay .e and also ha?e a lien o?er the sa(e #endin finaliMation oradBudication of any such clai(! In the e?ent of the security .ein insufficient to co?er theclai(ed a(ount or a(ounts or if no security has .een taen fro( the contractor= the Railwayshall .e entitled to withhold and ha?e a lien to the etent of the such clai(ed a(ount ora(ounts referred to su#ra= fro( any su( or su(s found #aya.le or which at any ti(e thereafter(ay .eco(e #aya.le to the contractor under the sa(e contract or any other contract with thisor any other Railway or any $e#art(ent of the Central Go?ern(ent #endin finaliMation oradBudication of any such clai(!

It is an areed ter( of the contract that the su( of (oney or (oneys so withheld orretained under the lien referred to a.o?e= .y the Railway will .e e#t withheld or retained assuch .y the Railways till the clai( arisin out of or under the contract is deter(ined .y thear.itrator :if the contract o?erned .y the Ar.itration Clause; or .y the co(#etent court as the

case (ay .e and that the contractor will ha?e no clai( for interest or da(aes whatsoe?er onany account in res#ect of such withholdin or retention under the lien referred to su#ra and duly




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notified as such to the contractor! &or the #ur#ose of this clause= where the contractor is a#artnershi# fir( or a li(ited co(#any= the Railway shall .e entitled to withhold and also ha?e alien to retain towards such clai(ed a(ount or a(ounts in whole or in #art fro( any su( found#aya.le to any #artner D li(ited co(#any= as the case (ay .e whether in his indi?idual ca#acityor otherwise!

92-A L'e# I# Re*e! O( Cla')* I# O!:er C+#!ra!* ,

:i; Any su( of (oney due and #aya.le to the contractor :includin the Security $e#ositreturna.le to hi(; under the contract (ay .e withheld or retained .y way of lien .ythe Railway= aainst any clai( of this or any other Railway or any other $e#art(ent ofthe Central Go?ern(ent in res#ect of #ay(ent of a su( of (oney arisin out of orunder any other contract (ade .y the contractor with this or any other $e#art(ent ofthe Central Go?ern(ent!

:ii; <owe?er= reco?ery of clai(s of Railway in reard to ter(inated contracts (ay .e(ade fro( the &inal @ills= Security $e#osits and Perfor(ance Guarantees of othercontract or contracts= eecuted .y the contractor! 'he Perfor(ance Guaranteessu.(itted .y the Contractor aainst other contracts= if reFuired= (ay .e withheld and

encashed! In addition= 10 of each su.seFuent Qonaccount .ill8 (ay .e withheld= ifreFuired= for reco?ery of Railway8s dues aainst the ter(inated contract!

Authority 4 Railway @oard8s letter no! 2010DC,I:S#l!;DC'D*1= $ated 2+!0*!2011

:iii; It is an areed ter( of the contract that the su( of (oney so withheld or retainedunder this Clause .y the Railway will .e e#t withheld or retained as such .y theRailway till the clai( arisin out of or under any other contract is either (utuallysettled or deter(ined .y ar.itration= if the other contract is o?erned .y Ar.itrationClause or .y the co(#etent court as the case (ay .e and contractor shall ha?e noclai( for interest or da(aes whatsoe?er on this account or on any other round inres#ect of any su( of (oney withheld or retained under this Clause and duly notifiedas such to the contractor!

937 S'"#a!ure O# Ree'!* F+r A)+u#!* , ,?ery recei#t for (oney which (ay .eco(e#aya.le or for any security which (ay .eco(e transfera.le to the Contractors under these#resents= shall= if sined in the #artnershi# na(e .y anyone of the #artners of a ContractorEsfir( .e a ood and sufficient dischare to the Railway in res#ect of the (oneys or security#ur#orted to .e acnowleded there.y and in the e?ent of death of any of the Contractor=#artners durin the #endency of the contract= it is here.y e#ressly areed that e?ery recei#t .yanyone of the sur?i?in Contractor #artners shall if so sined as aforesaid .e ood and sufficientdischare as aforesaid #ro?ided that nothin in this Clause contained shall .e dee(ed to#reBudice or effect any clai( which the Railway (ay hereafter ha?e aainst the lealre#resentati?e of any contractor #artner so dyin for or in res#ect to any .reach of any of theconditions of the contract= #ro?ided also that nothin in this clause contained shall .e dee(ed to#reBudice or effect the res#ecti?e rihts or o.liations of the Contractor #artners and of the leal

re#resentati?es of any deceased Contractor #artners interse!

LAHOUR

987 .a"e* T+ Lab+ur , 'he Contractor shall .e res#onsi.le to ensure co(#liance withthe #ro?ision of the -ini(u( aes Act= 1/*) :hereinafter referred to as the Lsaid Act and theRules (ade thereunder in res#ect of any e(#loyees directly or throuh #etty contractors or su.contractors e(#loyed .y hi( on road construction or in .uildin o#erations or in stone .reainor stone crushin for the #ur#ose of carryin out this contract!

If= in co(#liance with the ter(s of the contract= the Contractor su##lied any la.our to

.e used wholly or #artly under the direct orders and control of the Railways whether inconnection with any wor .ein eecuted .y the Contractor or otherwise for the #ur#ose of the




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Railway such la.our shall= for the #ur#ose of this Clause= still .e dee(ed to .e #ersons e(#loyed.y the Contractor!

If any (oneys shall= as a result of any clai( or a##lication (ade under the said Act .edirected to .e #aid .y the Railway= such (oney shall .e dee(ed to .e (oneys #aya.le to theRailway .y the Contractor and on failure .y the Contractor to re#ay the Railway any (oneys

#aid .y it as aforesaid within se?en days after the sa(e shall ha?e .een de(anded= the Railwaysshall .e entitled to reco?er the sa(e fro( any (oneys due or accruin to the contractor underthis or any other Contract with the Railways!

98-A7 Are#!'e* A! , 'he Contractor shall .e res#onsi.le to ensure co(#liance with the#ro?isions of the A##rentices Act= 1/"1 and the Rules and Orders issued thereunder fro( ti(e toti(e in res#ect of a##rentices directly or throuh #etty contractors or su.contractors e(#loyed.y hi( for the #ur#ose of carryin out the Contract!

If the contractor directly or throuh #etty contractors or su.contractors fails to do so=his failure will .e a .reach of the contract and the Railway (ay= in its discretion= rescind thecontract! 'he contractor shall also .e lia.le for any #ecuniary lia.ility arisin on account of any?iolation of the #ro?isions of the Act!

ote, 'he contractors are reFuired to enae a##rentices when the wors undertaen .ythe( last for a #eriod of one year or (ore andDor the cost of wors is ru#ees one lahor (ore!

997 Pr+'*'+#* O( Pay)e#!* O( .a"e* A! , 'he Contractor shall co(#ly with the#ro?isions of the Pay(ent of aes Act= 1/3" and the rules (ade thereunder in res#ect of alle(#loyees directly or throuh #etty contractors or su.contractors e(#loyed .y hi( in thewors! If in co(#liance with the ter(s of the contract= the Contractor directly or throuh #ettycontractors or su.contractors shall su##ly any la.our to .e used wholly or #artly under thedirect orders and control of the ,nineer whether in connection with the wors to .e eecutedhereunder or otherwise for the #ur#ose of the ,nineer= such la.our shall ne?er the less .edee(ed to co(#rise #ersons e(#loyed .y the contractor and any (oneys which (ay .e ordered

to .e #aid .y the ,nineer shall .e dee(ed to .e (oneys #aya.le .y the ,nineer on .ehalf ofthe Contractor and the ,nineer (ay on failure of the Contractor to re#ay such (oney to theRailways deduct the sa(e fro( any (oneys due to the Contractor in ter(s of the contract! 'heRailway shall .e entitled to deduct fro( any (oneys due to the contractor :whether under thiscontract or any other contract; all (oneys #aid or #aya.le .y the Railway .y way ofco(#ensation of aforesaid or for costs of e#enses in connection with any clai( thereto and thedecision of the ,nineer u#on any Fuestion arisin out of the effect or force of this Clause shall.e final and .indin u#on the Contractor!

99-A7 Pr+'*'+#* O( C+#!ra! Lab+ur Re"ula!'+# A#$ Ab+l'!'+# A! 1?<0 ,

99-A71 'he Contractor shall co(#ly with the #ro?ision of the contract la.our :Reulationand A.olition; Act= 1/%0 and the Contract la.our :Reulation and A.olition; Central Rules 1/%1

as (odified fro( ti(e to ti(e= where?er a##lica.le and shall also inde(nify the Railway fro(and aainst any clai(s under the aforesaid Act and the Rules!

99-A72 'he Contractor shall o.tain a ?alid license under the aforesaid Act as (odified fro(ti(e to ti(e .efore the co((ence(ent of the wor and continue to ha?e a ?alid license untilthe co(#letion of the wor! Any failure to fulfill the reFuire(ent shall attract the #enal #ro?isionof the Contract arisin out of the resultant noneecution of the wor!

99-A73 'he Contractor shall #ay to the la.our e(#loyed .y hi( directly or throuhsu.contractors the waes as #er #ro?ision of the aforesaid Act and the Rules where?era##lica.le! 'he Contractor shall notwithstandin the #ro?isions of the contract to the contrary=cause to .e #aid the waes to la.our indirectly enaed on the wors includin any enaed .ysu.contractors in connection with the said wor= as if the la.our had .een i((ediately

e(#loyed .y hi(!




As On 30th June 2013 Pae +0

99-A78 In res#ect of all la.our directly or indirectly e(#loyed in the wor for #erfor(ance ofthe contractorEs #art of the contract= the Contractor shall co(#ly with or cause to .e co(#liedwith the #ro?isions of the aforesaid Act and Rules where?er a##lica.le!

99-A79 In e?ery case in which= .y ?irtue of the #ro?isions of the aforesaid Act or the Rules=the Railway is o.lied to #ay any a(ount of waes to a wor(an e(#loyed .y the Contractor or

his su.contractor in eecution of the wor or to incur any e#enditure on account of theContinent= lia.ility of the Railway due to the contractorEs failure to fulfill his statutory o.liationsunder the aforesaid Act or the rules= the Railway will reco?er fro( the Contractor= the a(ount ofwaes so #aid or the a(ount of e#enditure so incurred and without #reBudice to the rihts ofthe Railway under the Section 20= Su.Section :2; and Section 2= Su.Section :*; of theaforesaid Act= the Railway shall .e at li.erty to reco?er such a(ount or #art thereof .y deductinit fro( the Security $e#osit andDor fro( any su( due .y the Railway to the contractor whetherunder the contract or otherwise! 'he Railway shall not .e .ound to contest any clai( (adeaainst it under Su.Section :1; of Section 20 and Su.Section :*; of Section 21 of the aforesaid

Act ece#t on the written reFuest of the Contractor and u#on his i?in to the Railway fullsecurity for all costs for which the Railway (iht .eco(e lia.le in contestin such clai(! 'hedecision of the Railway reardin the a(ount actually reco?era.le fro( the contractor as stateda.o?e shall .e final and .indin on the Contractor!

99-H7 Pr+'*'+#* +( E)l+yee* Pr+'$e#! Fu#$ a#$ &'*ella#e+u* Pr+'*'+#* A!1?92 ,

'he Contractor shall co(#ly with the #ro?isions of Para 30 3"@ of the ,(#loyees Pro?ident&und Sche(e= 1/+2N Para 3 * of ,(#loyees8 Pension Sche(e= 1//+N and Para % ) of,(#loyees $e#osit >ined Insurance Sche(e= 1/%"N as (odified fro( ti(e to ti(e throuhenact(ent of ,(#loyees Pro?ident &und -iscellaneous Pro?isions Act= 1/+2= where?era##lica.le and shall also inde(nify the Railway fro( and aainst any clai(s under the aforesaid

Act and the Rules!

Authority 4 Railway @oard8s letter no! 2012DC,IDC'DOD22= dated 1*!12!2012

9;7 Re+r!'#" O( A'$e#!* T+ Lab+ur , 'he Contractor shall .e res#onsi.le for thesafety of all e(#loyees directly or throuh #etty contractors or su.contractor e(#loyed .y hi(on the wors and shall re#ort serious accidents to any of the( howe?er and where?er occurrinon the wors to the ,nineer or the ,nineers Re#resentati?e and shall (ae e?eryarrane(ents to render all #ossi.le assistance!

9<7 Pr+'*'+# O( .+r/)e#B* C+)e#*a!'+# A! , In e?ery case in which .y ?irtue ofthe #ro?isions of Section 12 Su.Section :1; of the or(enEs Co(#ensation Act 1/23= Railwayis o.lied to #ay co(#ensation to a wor(an directly or throuh #etty contractor orsu.contractor e(#loyed .y the Contractor in eecutin the wor= Railway will reco?er fro( theContractor the a(ount of the co(#ensation so #aid= and= without #reBudice to the rihts ofRailway under Section 12 Su.section :2; of the said Act= Railway shall .e at li.erty to reco?er

such a(ount or any #art thereof .y deductin it fro( the Security $e#osit or fro( any su( due.y Railway to the Contractor whether under these conditions or otherwise= Railway shall not .e.ound to contest any clai( (ade aainst it under Section 12 Su.Section :1; of the said Actece#t on the written reFuest of the Contractor and u#on his i?in to Railway full security for allcosts for which Railway (iht .eco(e lia.le in conseFuence of contestin such clai(!

9<-A7 Pr+'*'+# O( &'#e* A! , 'he Contractor shall o.ser?e and #erfor( all the #ro?isionsof the -ines Act= 1/+2 or any statutory (odifications or reenact(ent thereof for the ti(e .einin force and any rules and reulations (ade thereunder in res#ect of all the #ersons directly orthrouh the #etty contractors or su.contractors e(#loyed .y hi( under this contract and shallinde(nify the Railway fro( and aainst any clai(s under the -ines Act= or the rules andreulations fra(ed thereunder= .y or on .ehalf of any #ersons e(#loyed .y hi( or otherwise!

9>7 Ra'l=ay N+! T+ Pr+'$e uar!er* F+r C+#!ra!+r* , o Fuarters shall nor(ally .e#ro?ided .y the Railway for the acco((odation of the Contractor or any of his staff e(#loyed





on the wor! In ece#tional cases where acco((odation is #ro?ided to the Contractor at theRailwayEs discretion= reco?eries shall .e (ade at such rates as (ay .e fied .y the Railway forthe full rent of the .uildins and eFui#(ents therein as well as chares for electric current= watersu##ly and conser?ancy!

9?71 Lab+ur Ca)* , 'he Contractor shall at his own e#ense (ae adeFuate

arrane(ents for the housin= su##ly of drinin water and #ro?ision of latrines and urinals forhis staff and wor(en= directly or throuh the #etty contractors or su.contractors and forte(#orary creche :@al(andir; where +0 or (ore wo(en are e(#loyed at a ti(e! Suita.le siteson Railway land= if a?aila.le= (ay .e allotted to the Contractor for the erection of la.our ca(#s=either free of chare or on such ter(s and conditions that (ay .e #rescri.ed .y the Railway! Allca(# sites shall .e (aintained in clean and sanitary conditions .y the Contractor at his owncost!

9?72 C+)l'a#e T+ Rule* F+r E)l+y)e#! O( Lab+ur , 'he Contractor:s; shallconfor( to all laws= .yelaws rules and reulations for the ti(e .ein in force #ertainin to thee(#loy(ent of local or i(#orted la.our and shall tae all necessary #recautions to ensure and#reser?e the health and safety of all staff e(#loyed directly or throuh #etty Contractors or Su.

Contractors on the wors!

9?73 Pre*era!'+# O( Peae , 'he Contractor shall tae reFuisite #recautions and use his.est endea?ours to #re?ent any riotous or unlawful .eha?iour .y or a(onst his wor(en andother e(#loyed directly or throuh the #etty contractors or su.contractors on the wors and forthe #reser?ation of #eace and #rotection of the inha.itants and security of #ro#erty in theneih.ourhood of the wors! In the e?ent of the Railway reFuirin the (aintenance of a s#ecialPolice &orce at or in the ?icinity of the site durin the tenure of wors= the e#enses thereof shall.e .orne .y the Contractor and if #aid .y the Railway shall .e reco?era.le fro( the Contractor!

9?78 Sa#'!ary Arra#"e)e#!* , 'he Contractor shall o.ey all sanitary rules and carry outall sanitary (easures that (ay fro( ti(e to ti(e .e #rescri.ed .y the Railway -edical Authority

and #er(it ins#ection of all sanitary arrane(ents at all ti(es .y the ,nineer= the ,nineerEsRe#resentati?e or the -edical Staff of the Railway! Should the Contractor fail to (ae theadeFuate sanitary arrane(ents= these will .e #ro?ided .y the Railway and the cost thereforereco?ered fro( the Contractor!

9?79 Ou!brea/ O( I#(e!'+u* D'*ea*e , 'he Contractor shall re(o?e fro( his ca(# suchla.our and their fa(ilies as refuse #rotecti?e inoculation and ?accination when called u#on to doso .y the ,nineer or the ,nineerEs Re#resentati?e on the ad?ice of the Railway= -edical

Authority! Should Cholera= #laue= or other infectious disease .rea out= the Contractor shall.urn the huts= .eddins= clothes and other .elonins of or used .y the infected #arties and#ro(#tly erect new huts on healthy sites as reFuired .y the ,nineer= failin which within theti(e s#ecified in the ,nineerEs reFuisition= the wor (ay .e done .y the Railway and the costtherefore reco?ered fro( the Contractor!

9?7; Trea!)e#! O( C+#!ra!+r* S!a(( I# Ra'l=ay 4+*'!al* , 'he Contractor and hisstaff= other than la.ourers and their fa(ilies reFuirin (edical aid fro( the Railway <os#ital anddis#ensaries will .e treated as #ri?ate #atients and chared accordinly! 'he ContractorsEla.ourers and their &a(ilies will .e ranted free treat(ent in Railway <os#itals and dis#ensarieswhere no other <os#itals or dis#ensaries are a?aila.le #ro?ided the Contractor #ays the cost of(edicines= dressin and diet (oney accordin to the nor(al scale and additional chares fors#ecial ea(inations such as #atholoical and .acterioloical ea(ination= KRay= etc! and forsurical o#eration!

9?7< &e$'al Fa'l'!'e* A! S'!e , 'he Contractor shall #ro?ide (edical facilities at the siteas (ay .e #rescri.ed .y the ,nineer on the ad?ice of the Railway -edical Authority in relation

to the strenth of the ContractorEs resident staff and wor(en!





9?7> U*e O( I#!+%'a#!* , 'he sale of ardent s#irits or other intoicatin .e?eraes u#onthe wor or in any of the .uildins= enca(#(ents or tene(ents owned= occu#ied .y or withinthe control of the Contractor or any of his e(#loyees shall .e for.idden and the Contractor shalleercise his influence and authority to the ut(ost etent to secure strict co(#liance with thiscondition!

9?7? N+#-E)l+y)e#! O( Fe)ale Lab+ur , 'he Contractor shall see that thee(#loy(ent of fe(ale la.our onDin Canton(ent areas= #articularly in the neih.ourhood ofsoldiers .arracs= should .e a?oided as far as #ossi.le!

9?710 Re*!r'!'+#* O# T:e E)l+y)e#! O( Re!'re$ E#"'#eer* O( Ra'l=ay Ser'e*.'!:'# T=+ ear* O( T:e'r Re!'re)e#! , 'he Contractor shall not= if he is a retiredGo?ern(ent ,nineer of GaMetted ran= hi(self enae in or e(#loy or associate a retiredGo?ern(ent ,nineer of GaMetted ran= who has not co(#leted two years fro( the date ofretire(ent= in connection with this contract in any (anner whatsoe?er without o.tainin #rior#er(ission of the President and if the Contractor is found to ha?e contra?ened this #ro?ision itwill constitute a .reach of contract and ad(inistration will .e entitled to ter(inate the contractat the ris and cost of the contractor and forfeit his Security $e#osit!

;071 N+#-E)l+y)e#! O( Lab+urer* Hel+= T:e A"e O( 19 , 'he Contractor shall note(#loy children .elow the ae of 1+ as la.ourers directly or throuh #etty contractors or su.contractors for the eecution of wor!

;072 &e$'al Cer!'('a!e O( F'!#e** F+r Lab+ur , It is areed that the contractor shallnot e(#loy a #erson a.o?e 1+ and .elow 1/ years of ae for the #ur#ose of eecution of worunder the contract unless a (edical certificate of fitness in the #rescri.ed for( :Profor(a at

Anneure7III; ranted to hi( .y a certifyin sureon certifyin that he is fit to wor as anadult= is o.tained and e#t in the custody of the contractor or a #erson no(inated .y hi( in this.ehalf and the #erson carries with hi(= while at worN a toen i?in a reference to suchcertificate! It is further areed that the res#onsi.ility for ha?in the adolescent ea(ined

(edically at the ti(e of a##oint(ent or #eriodically till he attains the ae of 1/ years shallde?ol?e entirely on the contractor and all the e#enses to .e incurred on this account shall .e.orne .y hi( and no fee shall .e chared fro( the adolescent or his #arent for such (edicalea(ination!

;073 Per'+$ O( al'$'!y O( &e$'al F'!#e** Cer!'('a!e , A certificate of fitness rantedor renewed for the a.o?e said #ur#oses shall .e ?alid only for a #eriod of one year at a ti(e!'he certifyin sureon shall re?oe a certificate ranted or renewed if in his o#inion the holderof it is= no loner fit for wor in the ca#acity stated therein! here a certifyin sureon refusesto rant or renew a certificate or re?oe a certificate= he shall= if so reFuired .y the #ersonconcerned= state his reasons in writin for doin so!

;078 &e$'al Re-E%a)'#a!'+# O( Lab+urer , here any official a##ointed in this .ehalf

.y the -inistry of >a.our is of the o#inion that any #erson e(#loyed in connection with theeecution of any wor under this contract in the ae rou# 1+ to 1/ years is without a certificateof fitness or is ha?in a certificate of fitness .ut no loner fit to wor in the ca#acity stated in thecertificate= he (ay ser?e on the Contractor= or on the #erson no(inated .y hi( in this reard= anotice reFuirin that such #ersons shall .e ea(ined .y a certifyin sureon and such #ersonshall not if the concerned official so directs= .e e(#loyed or #er(itted to do any wor under thiscontract unless he has .een (edically ea(ined and certified that he has .een ranted acertificate of fitness or a fresh certificate of fitness= as the case (ay .e!

EXPLANATIONS ,

:1; Only Hualified -edical Practitioners can .e a##ointed as Certifyin Sureons and theter( Hualified -edical Practitioners (eans a #erson holdin a Fualification ranted

.y an authority s#ecified in the Schedule to the Indian -edical $erees Act= 1/1" :7IIto 1/1"; or in the Schedule to the Indian -edical Council Act= 1/33 :KK7II; of 1/33!





:2; 'he Certifyin sureon (ay .e a (edical officer in the ser?ice of State or -unici#alCor#oration!

DETER&INATION OF CONTRACT

;171 R'":! O( Ra'l=ay T+ De!er)'#e T:e C+#!ra! , 'he Railway shall .e entitled todeter(ine and ter(inate the contract at any ti(e should= in the RailwayEs o#inion= the cessationof wor .eco(es necessary owin to #aucity of funds or fro( any other cause whate?er= inwhich case the ?alue of a##ro?ed (aterials at site and of wor done to date .y the Contractorwill .e #aid for in full at the rate s#ecified in the contract! otice in writin fro( the Railway ofsuch deter(ination and the reasons therefor shall .e conclusi?e e?idence thereof!

;172 Pay)e#! O# De!er)'#a!'+# O( C+#!ra! , Should the contract .e deter(inedunder su. clause :1; of this clause and the Contractor clai(s #ay(ent for e#enditure incurred.y hi( in the e#ectation of co(#letin the whole of the wor= the Railways shall ad(it andconsider such clai(s as are dee(ed reasona.le and are su##orted .y ?ouchers to thesatisfaction of the ,nineer! 'he RailwayEs decision on the necessity and #ro#riety of such

e#enditure shall .e final and conclusi?e!

;173 'he Contractor shall ha?e no clai( to any #ay(ent of co(#ensation or otherwise=howsoe?er on account of any #rofit or ad?antae which he (iht ha?e deri?ed fro( theeecution of the wor in full .ut which he did not deri?e in conseFuence of deter(ination ofcontract!

;271 De!er)'#a!'+# O( C+#!ra! O='#" T+ De(aul! O( C+#!ra!+r , If the Contractorshould4

:i; @eco(es .anru#t or insol?ent= or

:ii; -ae an arrane(ent with of assin(ent in fa?our of his creditors= or aree to

carry out the contract under a Co((ittee of Ins#ection of his creditors= or:iii; @ein a Co(#any or Cor#oration= o into liFuidation :other than a ?oluntary liFuidation

for the #ur#oses of a(ala(ation or reconstruction;= or

:i?; <a?e an eecution le?ied on his oods or #ro#erty on the wors= or

:?; Assin the contract or any #art thereof otherwise than as #ro?ided in Clause % of theseConditions= or

:?i; A.andon the contract= or

:?ii; Persistently disreard the instructions of the ,nineer= or contra?ene any #ro?ision ofthe contract= or

:?iii; &ail to adhere to the areed #rora((e of wor .y a (arin of 10 of the sti#ulated#eriod= or

:i; &ail to re(o?e (aterials fro( the site or to #ull down and re#lace wor after recei?infro( the ,nineer notice to the effect that the said (aterials or wors ha?e .eenconde(ned or reBected under Clause 2+ and 2% of these Conditions= or

:; &ail to tae ste#s to e(#loy co(#etent or additional staff and la.our as reFuired underClause 2" of the Conditions= or

:i; &ail to afford the ,nineer or ,nineerEs re#resentati?e #ro#er facilities for ins#ectinthe wors or any #art thereof as reFuired under Clause 2) of the Conditions= or

:ii; Pro(ise= offer or i?e any .ri.e= co((ission= ift or ad?antae either hi(self orthrouh his #artner= aent or ser?ant to any officer or e(#loyee of the Railway or to

any #erson on his or on their .ehalf in relation to the eecution of this or any othercontract with this Railway!




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:iii; :A; At any ti(e after the tender relatin to the contract= has .een sined andsu.(itted .y the Contractor= .ein a #artnershi# fir( ad(it as one of its#artners or e(#loyee under it or .ein an incor#orated co(#any elect orno(inate or allow to act as one of its directors or e(#loyee under it in anyca#acity whatsoe?er any retired enineer of the aMetted ran or any otherretired aMetted officer worin .efore his retire(ent= whether in the eecuti?e

or ad(inistrati?e ca#acity= or whether holdin any #ensiona.le #ost or not= inthe Railways for the ti(e .ein owned and ad(inistered .y the President ofIndia .efore the e#iry of two years fro( the date of retire(ent fro( the saidser?ice of such ,nineer or Officer unless such ,nineer or Officer has o.tained#er(ission fro( the President of India or any officer duly authoriMed .y hi( inthis .ehalf to .eco(e a #artner or a director or to tae e(#loy(ent under thecontract as the case (ay .e= or

:@; &ail to i?e at the ti(e of su.(ittin the said tender 4

:a; 'he correct infor(ation as to the date of retire(ent of such retiredenineer or retired officer fro( the said ser?ice= or as to whether any suchretired enineer or retired officer was under the e(#loy(ent of the

Contractor at the ti(e of su.(ittin the said tender= or

:.; 'he correct infor(ation as to such enineers or officers o.tainin#er(ission to tae e(#loy(ent under the Contractor= or

:c; @ein a #artnershi# fir(= the correct infor(ation as to= whether any of its#artners was such a retired enineer or a retired officer= or

:d; @ein in incor#orated co(#any= correct infor(ation as to whether any ofits directors was such a retired enineer or a retired officer= or

:e; @ein such a retired enineer or retired officer su##ress and not discloseat the ti(e of su.(ittin the said tender the fact of his .ein such aretired enineer or a retired officer or (ae at the ti(e of su.(ittin the

said tender a wron state(ent in relation to his o.tainin #er(ission totae the contract or if the Contractor .e a #artnershi# fir( or anincor#orated co(#any to .e a #artner or director of such fir( or co(#anyas the case (ay .e or to see e(#loy(ent under the Contractor!

'hen and in any of the said Clause= the ,nineer on .ehalf of the Railway (ay ser?ethe Contractor with a notice :Profor(a at AnneureIK; in writin to that effect and if theContractor does not within se?en days after the deli?ery to hi( of such notice #roceed to (aeood his default in so far as the sa(e is ca#a.le of .ein (ade ood and carry on the wor orco(#ly with such directions as aforesaid of the entire satisfaction of the ,nineer= the Railwayshall .e entitled after i?in *) hours8 notice :Profor(a at AnneureK; in writin under the handof the ,nineer to rescind the contract as a whole or in #art or #arts :as (ay .e s#ecified insuch notice; and after e#iry of *) hours8 notice= a final ter(ination notice :Profor(a at

AnneureKI; should .e issued and ado#t either or .oth of the followin courses 4:; 'o carry out the whole or #art of the wor fro( which the contractor has .een

re(o?ed .y the e(#loy(ent of the reFuired la.our and (aterials= the costs of whichshall include lead= lift= freiht= su#er?ision and all incidental chares!

:y; 'o (easure u# the whole or #art of the wor fro( which the contractor has .eenre(o?ed and et it co(#leted .y another contractor= the (anner and (ethod in whichsuch wor is co(#leted shall .e in the entire discretion of the ,nineer whose decisionshall .e final 4

And in .oth cases :; and :y; (entioned a.o?e= the Railway shall .e entitled :i; toforfeit the whole or such #ortion of the Security $e#osit as it (ay consider fit= and :ii; to reco?erfro( the Contractor the cost of carryin out the wor in ecess of the su( which would ha?e

.een #aya.le accordin to the certificate of the ,nineer to the Contractor= if the wors had

.een carried out .y the Contractor under the ter(s of the contract= such certificate .ein final




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and .indin u#on the contractor= #ro?ided= howe?er= that such reco?ery shall .e (ade onlywhen the cost incurred in ecess is (ore than the Security $e#osit #ro#osed to .e forfeited andshall .e li(ited to the a(ount .y which the cost incurred in ecess eceeds the Security $e#osit#ro#osed to .e forfeited! 'he a(ount= thus= to .e forfeited or reco?ered (ay .e deducted fro(any (oneys then due or which at any ti(e thereafter (ay .eco(e due to the Contractor .y theRailway under this or any other Contract or otherwise!

Pro?ided always that in any case in which any of #ower conferred u#on the Railway .ySu. Clause :1; of Clause "2 hereof shall ha?e .eco(e eercisa.le and the sa(e shall not .eeercised= the noneercise thereof shall not constitute a wai?er of any of the conditions thereofand such #owers shall not withstandin .e eercisa.le in the e?ent of any future case of default.y the contractor for which his lia.ility for #ast and future shall re(ain unaffected!

;272 R'":! O( Ra'l=ay A(!er Re*'**'+# O( C+#!ra! O='#" T+ De(aul! O(C+#!ra!+r , In the e?ent of any or se?eral of the courses= referred to in Su.Clause :1; of thisClause= .ein ado#ted 4

:a; 'he Contractor shall ha?e no clai( to co(#ensation for any loss sustained .y hi( .yreason of his ha?in #urchased or #rocured any (aterials or entered into any

co((it(ents or (ade any ad?ances on account of or with a ?iew to the eecution ofthe wors or the #erfor(ance of the contract and Contractor shall not .e entitled toreco?er or .e #aid any su( for any wor thereto for actually #erfor(ed under thecontract unless and until the ,nineer shall ha?e certified the #erfor(ance of suchwor and the ?alue #aya.le in res#ect thereof and the Contractor shall only .e entitledto .e #aid the ?alue so certified!

:.; 'he ,nineer or the ,nineerEs Re#resentati?e shall .e entitled to tae #ossession ofany (aterials= tools= i(#le(ents= (achinery and .uildins on the wors or on the#ro#erty on which these are .ein or ouht to ha?e .een eecuted= and to retain ande(#loy the sa(e in the further eecution of the wors or any #art thereof until theco(#letion of the wors without the Contractor .ein entitled to any co(#ensation forthe use and e(#loy(ent thereof or for wear and tear or destruction thereof!

:c; 'he ,nineer shall as soon as (ay .e #ractica.le after re(o?al of the Contractor fiand deter(ine e#arte or .y or after reference to the #arties or after suchin?estiation or enFuiries as he (ay consider fit to (ae or institute and shall certifywhat a(ount :if any; had at the ti(e of rescission of the contract .een reasona.lyearned .y or would reasona.ly accrue to the Contractor in res#ect of the wor thenactually done .y hi( under the contract and what was the ?alue of any unused= or#artially used (aterials= any constructional #lant and any te(#orary wors u#on thesite! 'he leiti(ate a(ount due to the contractor after (ain necessary deductionsand certified .y the ,nineer should .e released e#editiously!

SETTLE&ENT OF DISPUTES INDIAN RAIL.A ARHITRATION RULES

;37 &a!!er* F'#ally De!er)'#e$ Hy T:e Ra'l=ay , All dis#utes and differences of anyind whatsoe?er arisin out of or in connection with the contract= whether durin the #roress ofthe wor or after its co(#letion and whether .efore or after the deter(ination of the contract=shall .e referred .y the contractor to the G- and the G- shall= within 120 days after recei#t ofthe contractor8s re#resentation= (ae and notify decisions on all (atters referred to .y thecontractor in writin #ro?ided that (atters for which #ro?ision has .een (ade in Clauses )= 1)=22:+;= 3/= *3:2;= *+:a;= ++= ++A:+;= +%= +%A="1:1;= "1:2; and "2:1; to :iii;:@; of GeneralConditions of Contract or in any Clause of the S#ecial Conditions of the Contract shall .e dee(edas Qece#ted (atters8 :(atters not ar.itra.le;and decisions of the Railway authority= thereonshall .e final and .indin on the contractorN #ro?ided further that Qece#ted (atters8 shall stands#ecifically ecluded fro( the #ur?iew of the Ar.itration Clause!




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;871 De)a#$ F+r Arb'!ra!'+# ,

;871 ' - In the e?ent of any dis#ute or difference .etween the #arties hereto as to theconstruction or o#eration of this contract= or the res#ecti?e rihts and lia.ilities of the #arties onany (atter in Fuestion= dis#ute or difference on any account or as to the withholdin .y theRailway of any certificate to which the contractor (ay clai( to .e entitled to= or if the Railway

fails to (ae a decision within 120 days= then and in any such case= .ut ece#t in any of the Lece#ted (atters referred to in Clause "3 of these Conditions= the contractor= after 120 days.ut within 1)0 days of his #resentin his final clai( on dis#uted (atters shall de(and in writinthat the dis#ute or difference .e referred to ar.itration!

;871 '' - 'he de(and for ar.itration shall s#ecify the (atters which are in Fuestion= orsu.Bect of the dis#ute or difference as also the a(ount of clai( ite(wise! Only suchdis#ute:s;or difference:s; in res#ect of which the de(and has .een (ade= toether with counterclai(s or set off= i?en .y the Railway shall .e referred to ar.itration and other (atters shallnot .e included in the reference!

;871 '''- :a; 'he Ar.itration #roceedins shall .e assu(ed to ha?e co((enced fro( theday= a written and ?alid de(and for ar.itration is recei?ed .y the Railway!

:.; 'he clai(ant shall su.(it his clai( statin the facts su##ortin the clai(salonwith all the rele?ant docu(ents and the relief or re(edy souhtaainst each clai( within a #eriod of 30 days fro( the date of a##oint(entof the Ar.itral 'ri.unal!

:c; 'he Railway shall su.(it its defence state(ent and counter clai(:s;= if any=within a #eriod of "0 days of recei#t of co#y of clai(s fro( 'ri.unalthereafter= unless otherwise etension has .een ranted .y 'ri.unal!

:d; Place of Ar.itration 4 'he #lace of ar.itration would .e within theeora#hical li(its of the $i?ision of the Railway where the cause of actionarose or the <eadFuarters of the concerned Railway or any other #lace with

the written consent of .oth the #arties!

;871 ' - o new clai( shall .e added durin #roceedins .y either #arty! <owe?er= a#arty (ay a(end or su##le(ent the oriinal clai( or defence thereof durin the course ofar.itration #roceedins su.Bect to acce#tance .y 'ri.unal ha?in due reard to the delay in(ain it!

;871 - If the contractor:s; doesDdo not #refer hisDtheir s#ecific and final clai(s inwritin= within a #eriod of /0 days of recei?in the inti(ation fro( the Railways that the final .illis ready for #ay(ent= heDthey will .e dee(ed to ha?e wai?ed hisDtheir clai(:s; and the Railwayshall .e dischared and released of all lia.ilities under the contract in res#ect of these clai(s!

;872 Obl'"a!'+# Dur'#" Pe#$e#y O( Arb'!ra!'+# , or under the contract shall=

unless otherwise directed .y the ,nineer= continue durin the ar.itration #roceedins= and no#ay(ent due or #aya.le .y the Railway shall .e withheld on account of such #roceedins=#ro?ided= howe?er= it shall .e o#en for Ar.itral 'ri.unal to consider and decide whether or notsuch wor should continue durin ar.itration #roceedins!

;873 A+'#!)e#! +( Arb'!ra!+r ,

;873 a' - In cases where the total ?alue of all clai(s in Fuestion added toether doesnot eceed Rs! 10=00=000 :Ru#ees ten lah only;= the Ar.itral 'ri.unal shall consist of a Sole

Ar.itrator who shall .e a GaMetted Officer of Railway not .elow JA Grade= no(inated .y theGeneral -anaer! 'he sole ar.itrator shall .e a##ointed within "0 days fro( the day when awritten and ?alid de(and for ar.itration is recei?ed .y G-!

;873 a'' - In cases not co?ered .y the Clause "*:3;:a;:i;= the Ar.itral 'ri.unal shallconsist of a Panel of three GaMetted Railway Officers not .elow JA Grade or 2 Railway GaMetted




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Officers not .elow JA Grade and a retired Railway Officer= retired not .elow the ran of SAGOfficer as the ar.itrators! &or this #ur#ose= the Railway will send a #anel of (ore than 3 na(esof GaMetted Railway Officers of one or (ore de#art(ents of the Railway which (ay also includethe na(e:s; of retired Railway Officer:s; e(#anelled to wor as Railway Ar.itrator to thecontractor within "0 days fro( the day when a written and ?alid de(and for ar.itration isrecei?ed .y the G-!

Contractor will .e ased to suest to General -anaer at least 2 na(es out of the#anel for a##oint(ent as contractor8s no(inee within 30 days fro( the date of dis#atch of thereFuest .y Railway! 'he General -anaer shall a##oint at least one out of the( as thecontractor8s no(inee and will= also si(ultaneously a##oint the .alance nu(.er of ar.itratorseither fro( the #anel or fro( outside the #anel= duly indicatin the Q#residin ar.itrator8 fro(a(onst the 3 ar.itrators so a##ointed! G- shall co(#lete this eercise of a##ointin the

Ar.itral 'ri.unal within 30 days fro( the recei#t of the na(es of contractor8s no(inees! hileno(inatin the ar.itrators= it will .e necessary to ensure that one of the( is fro( the Accounts$e#art(ent! An officer of Selection Grade of the Accounts $e#art(ent shall .e considered ofeFual status to the officers in SA rade of other de#art(ents of the Railway for the #ur#ose ofa##oint(ent of ar.itrator!

;873 a''' - If one or (ore of the ar.itrators a##ointed as a.o?e refuses to act asar.itrator= withdraws fro( his office as ar.itrator= or ?acates hisDtheir officeDoffices or isDareuna.le or unwillin to #erfor( his functions as ar.itrator for any reason whatsoe?er or dies or inthe o#inion of the General -anaer fails to act without undue delay= the General -anaer shalla##oint new ar.itratorDar.itrators to act in hisDtheir #lace in the sa(e (anner in which theearlier ar.itratorDar.itrators had .een a##ointed! Such reconstituted 'ri.unal (ay= at itsdiscretion= #roceed with the reference fro( the stae at which it was left .y the #re?iousar.itrator :s;!

;873 a' - 'he Ar.itral 'ri.unal shall ha?e #ower to call for such e?idence .y way ofaffida?its or otherwise as the Ar.itral 'ri.unal shall thin #ro#er= and it shall .e the duty of the#arties hereto to do or cause to .e done all such thins as (ay .e necessary to ena.le the

Ar.itral 'ri.unal to (ae the award without any delay! 'he Ar.itral 'ri.unal should record daytoday #roceedins! 'he #roceedins shall nor(ally .e conducted on the .asis of docu(ents andwritten state(ents!

;873 a - hile a##ointin ar.itrator:s; under Su.Clause :i;= :ii; :iii; a.o?e= due careshall .e taen that heDthey isDare not the oneDthose who had an o##ortunity to deal with the(atters to which the contract relates or who in the course of hisDtheir duties as Railwayser?ant:s; e#ressed ?iews on all or any of the (atters under dis#ute or differences! 'he#roceedins of the Ar.itral 'ri.unal or the award (ade .y such 'ri.unal will= howe?er= not .ein?alid (erely for the reason that one or (ore ar.itrator had= in the course of his ser?ice=o##ortunity to deal with the (atters to which the contract relates or who in the course ofhisDtheir duties e#ressed ?iews on all or any of the (atters under dis#ute!

;873 b' - 'he ar.itral award shall state ite( wise= the su( and reasons u#on which it is.ased! 'he analysis and reasons shall .e detailed enouh so that the award could .e inferredtherefro(!

;873 b'' - A #arty (ay a##ly for corrections of any co(#utational errors= anyty#ora#hical or clerical errors or any other error of si(ilar nature occurrin in the award of a'ri.unal and inter#retation of a s#ecific #oint of award to 'ri.unal within "0 days of recei#t ofthe award!

;873 b''' - A #arty (ay a##ly to 'ri.unal within "0 days of recei#t of award to (ae anadditional award as to clai(s #resented in the ar.itral #roceedins .ut o(itted fro( the ar.itralaward!




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;878 In case of the 'ri.unal= co(#risin of three -e(.ers= any rulin on award shall .e(ade .y a (aBority of -e(.ers of 'ri.unal! In the a.sence of such a (aBority= the ?iews of thePresidin Ar.itrator shall #re?ail!

;879 here the ar.itral award is for the #ay(ent of (oney= no interest shall .e #aya.le onwhole or any #art of the (oney for any #eriod till the date on which the award is (ade!

;87; 'he cost of ar.itration shall .e .orne .y the res#ecti?e #arties! 'he cost shall interaliainclude fee of the ar.itrator:s;= as #er the rates fied .y Railway @oard fro( ti(e to ti(e andthe fee shall .e .orne eFually .y .oth the #arties! &urther= the fee #aya.le to the ar.itrator:s;would .e o?erned .y the instructions issued on the su.Bect .y Railway @oard fro( ti(e to ti(eirres#ecti?e of the fact whether the ar.itrator:s; isDare a##ointed .y the Railway Ad(inistrationor .y the court of law unless s#ecifically directed .y <on8.le court otherwise on the (atter!

;87< Su.Bect to the #ro?isions of the aforesaid Ar.itration and Conciliation Act 1//" and therules thereunder and any statutory (odifications thereof shall a##ly to the ar.itration#roceedins under this Clause!

JOINT ENTURE J FIR&S IN .OR6S TENDERS

;97 Par!''a!'+# O( J+'#! e#!ure J F'r)* I# .+r/* Te#$er , 'his Clause shall.e a##lica.le for wors tenders of ?alue as a##ro?ed and co((unicated .y Railway @oard fro(ti(e to ti(e!

;971 Se#arate identityDna(e shall .e i?en to the Joint 7enture &ir(!

;972 u(.er of (e(.ers in a J7 &ir( shall not .e (ore than three= if the wor in?ol?esonly one de#art(ent :say Ci?il or S' or ,lectrical or -echanical; and shall not .e (ore thanfi?e= if the wor in?ol?es (ore than one de#art(ent!

;973 A (e(.er of J7 &ir( shall not .e #er(itted to #artici#ate either in indi?idual ca#acityor as a (e(.er of another J7 &ir( in the sa(e tender!

;978 'he tender for( shall .e #urchased and su.(itted only in the na(e of the J7 &ir(and not in the na(e of any constituent (e(.er!

;979 or(ally ,arnest -oney $e#osit :,-$; shall .e su.(itted only in the na(e of the J7&ir( and not in the na(e of constituent (e(.er! <owe?er= in ece#tional cases ,-$ in thena(e of >ead -e(.er can .e acce#ted su.Bect to su.(ission of s#ecific reFuest letter fro(>ead -e(.er statin the reasons for not su.(ittin ,-$ in the na(e of J7 &ir( and i?inwritten confir(ation fro( J7 (e(.ers to the effect that ,-$ su.(itted .y the >ead -e(.er(ay .e dee(ed as ,-$ su.(itted .y J7 &ir(!

;97; One of the (e(.ers of the J7 &ir( shall .e its >ead -e(.er who shall ha?e a(aBority :at least +1; share of interest in the J7 &ir( and also= (ust ha?e satisfactorilyco(#leted in the last three #re?ious financial years and the current financial year u#to the dateof o#enin of the tender= one si(ilar sinle wor for a (ini(u( ?alue of 3+ of ad?ertisedtender ?alue! 'he other (e(.ers shall ha?e a share of not less than 20 each in case of J7&ir(s with u#to three (e(.ers and not less than 10 each in case of J7 &ir(s with (ore thanthree (e(.ers! In case of J7 &ir( with forein (e(.er:s;= the >ead -e(.er has to .e anIndian &ir( with a (ini(u( share of +1!

;97< A co#y of -e(orandu( of 6nderstandin :-o6; eecuted .y the J7 (e(.ers shall .esu.(itted .y the J7 &ir( alonwith the tender! 'he co(#lete details of the (e(.ers of the J7&ir(= their share and res#onsi.ility in the J7 &ir( etc! #articularly with reference to financial=technical and other o.liations shall .e furnished in the -o6! :'he -o6 for(at for this #ur#oseshall .e finaliMed .y the Railway in consultation with their >aw @ranch and shall .e enclosed




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alonwith the tender;!

;97> Once the tender is su.(itted= the -o6 shall not .e (odified D altered D ter(inateddurin the ?alidity of the tender! In case the tenderer fails to o.ser?eDco(#ly with thissti#ulation= the full ,arnest -oney $e#osit :,-$; shall .e lia.le to .e forfeited!

;97? A##ro?al for chane of constitution of J7 &ir( shall .e at the sole discretion of the,(#loyer :Railways;! 'he constitution of the J7 &ir( shall not .e allowed to .e (odified aftersu.(ission of the tender .id .y the J7 &ir(= ece#t when (odification .eco(es ine?ita.le dueto succession laws etc! and in any case the (ini(u( elii.ility criteria should not et ?itiated!<owe?er= the >ead -e(.er shall continue to .e the >ead -e(.er of the J7 &ir(! &ailure too.ser?e this reFuire(ent would render the offer in?alid!

;9710 Si(ilarly= after the contract is awarded= the constitution of J7 &ir( shall not .e allowedto .e altered durin the currency of contract ece#t when (odification .eco(e ine?ita.le due tosuccession laws etc! and in any case the (ini(u( elii.ility criteria should not et ?itiated!&ailure to o.ser?e this sti#ulation shall .e dee(ed to .e .reach of contract with all conseFuential#enal action as #er contract conditions!

;9711 On award of contract to a J7 &ir(= a sinle Perfor(ance Guarantee shall .e su.(itted.y the J7 &ir( as #er tender conditions! All the Guarantees lie Perfor(ance Guarantee= @anGuarantee for -o.iliMation Ad?ance= -achinery Ad?ance etc! shall .e acce#ted only in the na(eof the J7 &ir( and no s#littin of uarantees a(onst the (e(.ers of the J7 &ir( shall .e#er(itted!

;9712 On issue of >OA :>etter Of Acce#tance;= an aree(ent a(on the (e(.ers of the J7&ir( :to who( the wor has .een awarded; shall .e eecuted and ot reistered .efore theReistrar of the Co(#anies under Co(#anies Act or .efore the ReistrarDSu.Reistrar underthe Reistration Act= 1/0)! 'his J7 Aree(ent shall .e su.(itted .y the J7 &ir( to the Railways.efore sinin the contract aree(ent for the wor! In case the tenderer fails to o.ser?eDco(#ly

with this sti#ulation= the full ,arnest -oney $e#osit :,-$; shall .e forfeited and other #enalactions due shall .e taen aainst #artners of the J7 and the J7! 'his Joint 7enture Aree(entshall ha?e= interalia= followin Clauses 4

;971271 Joint And Se?eral >ia.ility -e(.ers of the J7 &ir( to which the contract is awarded=shall .e Bointly and se?erally lia.le to the ,(#loyer :Railways; for eecution of the #roBect inaccordance with General and S#ecial Conditions of Contract! 'he J7 (e(.ers shall also .e lia.le

Bointly and se?erally for the loss= da(aes caused to the Railways durin the course of eecutionof the contract or due to noneecution of the contract or #art thereof!

;971272 $uration of the Joint 7enture Aree(ent It shall .e ?alid durin the entire currencyof the contract includin the #eriod of etension= if any and the (aintenance #eriod after thewor is co(#leted!

;971273 Go?ernin >aws 'he Joint 7enture Aree(ent shall in all res#ect .e o?erned .y andinter#reted in accordance with Indian >aws!

;9713 AuthoriMed -e(.er Joint 7enture (e(.ers shall authoriMe one of the (e(.ers on.ehalf of the Joint 7enture &ir( to deal with the tender= sin the aree(ent or enter intocontract in res#ect of the said tender= to recei?e #ay(ent= to witness Boint (easure(ent of wordone= to sin (easure(ent .oos and si(ilar such action in res#ect of the said tenderDcontract!

All noticesDcorres#ondences with res#ect to the contract would .e sent only to this authorised(e(.er of the J7 &ir(!

;9718 o (e(.er of the Joint 7enture &ir( shall ha?e the riht to assin or transfer theinterest riht or lia.ility in the contract without the written consent of the other (e(.ers andthat of the e(#loyer :Railways; in res#ect of the said tenderDcontract!

;9719 $ocu(ents to .e enclosed .y the J7 &ir( alonwith the tender 4




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;971971 In case one or (ore of the (e(.ers of the J7 &ir( isDare #artnershi# fir(:s;=followin docu(ents shall .e su.(itted 4

:a; otary certified co#y of the Partnershi# $eed=

:.; Consent of all the #artners to enter into the Joint 7enture Aree(ent on a sta(# #a#erof a##ro#riate ?alue :in oriinal;!

:c; Power of Attorney :duly reistered as #er #re?ailin law; in fa?our of one of the#artners of the #artnershi# fir( to sin the J7 Aree(ent on .ehalf of the #artnershi#fir( and create lia.ility aainst the fir(!

;971972 In case one or (ore (e(.ers isDare Pro#rietary &ir( or <6&= the followin docu(entsshall .e enclosed 4

Affida?it on Sta(# Pa#er of a##ro#riate ?alue declarin that hisDher Concern is aPro#rietary Concern and heDshe is sole #ro#rietor of the Concern OR heDshe is in#osition of UAR'A of <indu 6ndi?ided &a(ily :<6&; and heDshe has the authority=#ower and consent i?en .y other #artners to act on .ehalf of <6&!

;971973 In case one or (ore (e(.ers isDare li(ited co(#anies= the followin docu(ents shall.e su.(itted 4

:a; otary certified co#y of resolutions of the $irectors of the Co(#any= #er(ittin theco(#any to enter into a J7 aree(ent= authoriMin -$ or one of the $irectors or-anaers of the Co(#any to sin J7 Aree(ent= such other docu(ents reFuired to .esined on .ehalf of the Co(#any and enter into lia.ility aainst the co(#any andDor doany other act on .ehalf of the co(#any!

:.; Co#y of -e(orandu( and Articles of Association of the Co(#any!

:c; Power of Attorney :duly reistered as #er #re?ailin law; .y the Co(#any authoriMinthe #erson to doDact (entioned in the #ara :a; a.o?e!

;971978 All the -e(.ers of J7 shall certify that they are not .lac listed or de.arred .y

Railways or any other -inistryD$e#art(ent of the Go?t! of IndiaDState Go?t! fro( #artici#ation intendersDcontract on the date of o#enin of .ids either in their indi?idual ca#acity as (e(.ers ofthe J7 or the J7 &ir( in which they wereDare (e(.ers!

;971; Credentials Hualifyin Criteria , 'echnical and financial elii.ility of the J7 &ir( shall.e adBuded .ased on satisfactory fulfill(ent of the followin criteria 4

;971;71 'echnical ,lii.ility Criteria :Qa8 or Q.8 (entioned hereunder; ,

:a; ,ither the J7 &ir( or >ead -e(.er of the J7 &ir( (ust ha?e satisfactorilyco(#leted in the last three #re?ious financial years and the current financial yearu#to the date of o#enin of the tender= one si(ilar sinle wor for a (ini(u( of3+ of ad?ertised ?alue of the tender!

OR

:.; :i; In case of co(#osite wors :e!! wors in?ol?in (ore than one distinctco(#onent= such as Ci?il ,nineerin wors= S' wors= ,lectrical wors=O<, wors etc! and in the case of (aBor .rides – su.structure=su#erstructure etc!;= for each co(#onent= at least 3+ of the ?alue of any ofsuch co(#onents indi?idually for sinle si(ilar nature of wor should ha?e.een satisfactorily co(#leted .y the J7 &ir( or .y any (e(.er of the J7 &ir(in the #re?ious three financial years and the current financial year u#to thedate of o#enin of tender! 'he (e(.er satisfyin technical elii.ility criteriafor the larest co(#onent of the wor shall .e the >ead -e(.er and that-e(.er shall ha?e a (aBority :at least +1; share of interest in the J7 &ir(!

:ii; In such cases= what constitutes a co(#onent in a co(#osite wor shall .eclearly #redefined with esti(ated tender cost of it= as #art of the tender





docu(ents without any a(.iuity! Any wor or set of wors shall .econsidered to .e a se#arate co(#onent= only when cost of the co(#onent is(ore than Rs! 2 crore each!

:iii; <owe?er= as lon as the J7 &ir( or any (e(.er of the J7 &ir( (eets withthe reFuire(ents= in one or (ore co(#onents of the wor= and has

co(#leted a (ini(u( of 3+ of the ad?ertised ?alue of the tender for thesa(e ?alue of the co(#onent= and resultantly= all the (e(.ers of the J7collecti?ely= then (eet the #rescri.ed technical elii.ility criteria= the J7 shallstand technically Fualified!

ote 4 7alue of a co(#leted wor done .y a -e(.er in an earlier J7 &ir( shall .ereconed only to the etent of the concerned (e(.erEs share in that J7 &ir(for the #ur#ose of satisfyin hisDher co(#liance to the a.o?e (entionedtechnical elii.ility criteria in the tender under consideration!

;971;72 &inancial ,lii.ility Criteria 4 'he contractual #ay(ents recei?ed .y the J7 &ir( or thearith(etic su( of contractual #ay(ents recei?ed .y all the (e(.ers of J7 &ir( in the #re?iousthree financial years and the current financial year u#to the date of o#enin of tender shall .e at

least 1+0 of the esti(ated ?alue of the wor as (entioned in the tender!

ote 4 Contractual #ay(ent recei?ed .y a -e(.er in an earlier J7 &ir( shall .ereconed only to the etent of the concerned (e(.erEs share in that J7 &ir(for the #ur#ose of satisfyin co(#liance of the a.o?e (entioned financialelii.ility criteria in tender under consideration

Authority 4 Railway @oard8s letter no! 2002DC,IDC'D3%= $ated 0%!0/!2011

WWWWWWW





ANNEXURE - II

Reistered Acnowlede(ent $ue

PERFOR&A FOR TI&E EXTENSION

o! TTTTTTTTTTTTTTTTTTTTTTT $ated 4 TTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

Su. 4 :i; TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT :na(e of wor; !

:ii; Acce#tance letter no! TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

:iii; 6nderstandinDAree(ent no! TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

Ref4 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT :Huote s#ecific a##lication of Contractorfor etension to the date recei?ed; TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

$ear Sir=

'he sti#ulated date for co(#letion of the wor (entioned a.o?e is TTTTTTTTTTTTTTT!&ro( the #roress (ade so far and the #resent rate of #roress= it is unliely that the wor will.e co(#leted .y the a.o?e date :or Q<owe?er= the wor was not co(#leted on this date8;!

27 ,#ectin that you (ay .e a.le to co(#lete the wor= if so(e (ore ti(e is i?en= theco(#etent authority= althouh not .ound to do so= here.y etends the ti(e for co(#letion fro( TTTTTTTTTTTTTTTTT to TTTTTTTTTTTTTTTTTTT!

37 Please note that an a(ount eFual to the liFuidated da(aes for delay in the co(#letion[of the wor after the e#iry of TTTTTTTTTTTTTTTTTTTTTTT :i?e here the sti#ulated date forco(#letion withDwithout any #enalty fied earlier; will .e reco?ered fro( you as (entioned inClause= 1%@ of the General Conditions of Contract for the etended #eriod= notwithstandin therant of this etension! ou (ay #roceed with the wor accordinly!

87 'he a.o?e etension of the co(#letion date will also .e su.Bect to the further conditionthat no increase in rates on any account will .e #aya.le to you!

97 Please inti(ate within a wee of the recei#t of this letter your acce#tance of theetension of the conditions stated a.o?e!

;7 Please note that in the e?ent of your declinin to acce#t the etension on the a.o?e saidconditions or in the e?ent of your failure after acce#tin or actin u#to this etension toco(#lete the wor .y TTTTTTTTTTTTTT :here (ention the etended date ;= further action will .etaen in ter(s of Clause "2 of the General Conditions of Contract!

ours faithfully

&or and on .ehalf of the President of India





ANNEXURE - III

CERTIFICATE OF FITNESS

1! :a; Serial u(.er TTTTTTTTTTTTTT

:.; $ate TTTTTTTTTTTTTTT

2! a(e of #erson ea(ined TTTTTTTTTTTTTTTTTTTTTTTT

I certify that I ha?e #ersonally ea(ined :na(e ;TTTTTTTTTTTTTTTTTTTTTTT

3! &ather8s a(e 4 sonDdauhter of TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT =residin at TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

*! Se TTTTTTTTTTT

+! Residence 4 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

"! $ate of .irth= if a?aila.le= andDor certified ae TTTTTTTTTTTTTTTTTTTTTTTTTTTT

ho is desirous of .ein e(#loyed ina factory or on a wor reFuirin(anual la.our and that his D her aeas nearly as can .e ascertained fro((y ea(ination= is TTTTTTT yearsand that heDshe is fit for e(#loy(entin a factory or on a wor reFuirin(anual la.our as an adultDchild!

%! Physical fitness TTTTTTTTTTTTTTTTTTTTTTT

)! Identification (ars TTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

/! Reasons for 4

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

:a; refusal to rant certificate= or

:.; re?oin the Certificate

TTTTTTTTTTTTTTTTTTTTTTTTT

Sinature or >eft <and'hu(. I(#ression of the

#erson ,a(ined

TTTTTTTTTTTTTTTTTTTTTTTTT

Sinature of Certifyin Sureon

N+!e , In case of #hysical disa.ility= the eact details of the cause of the #hysical disa.ilityshould .e clearly stated




As On 30th June 2013 Pae "*

ANNEXURE - IX


PERFOR&A OF < DAS NOTICE

@@@@@@@@@@@ RAIL.A

:ithout PreBudice;

'o

-Ds TTTTTTTTTTTTTTTTTTTTTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

$ear Sir=

Contract Aree(ent o! TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

In connection with TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

In s#ite of re#eated instructions to you .y the su.ordinate offices as well as .y thisoffice in ?arious letters of e?en no! TTTTTTTTTTTTTTTT= dated TTTTTTTTTTN you ha?e failed tostart worDshow adeFuate #roress andDor su.(it detailed #rora((e for co(#letin the wor!

2! our attention is in?ited to this officeDChief ,nineer8s office letter no! TTTTTTTTTTT TTTTTTTT= dated TTTTTTTTTT in reference to your re#resentation= dated TTTTTTTTTTTT!

3! As you ha?e failed to a.ide .y the instructions issued to co((ence the worDto showadeFuate #roress of wor you are here.y i?en % days8 notice in accordance with Clause "2 ofGeneral Conditions of Contract to co((ence wors D to (ae ood the #roress= failin whichfurther action as #ro?ided in Clause "2 of the General Conditions of Contract ?iM! to ter(inateyour Contract and co(#lete the .alance wor without your #artici#ation will .e taen!

Uindly acnowlede recei#t!

ours faithfully





As On 30th June 2013 Pae "+

ANNEXURE - X


PERFOR&A OF 8> 4RS7 NOTICE

@@@@@@@@@@@ RAIL.A

:ithout PreBudice;

'o



$ear Sir=



Se?en days8 notice under Clause "2 of General Conditions of Contract was i?en to youunder this office letter of e?en no!= dated TTTTTTTTTTTTN .ut you ha?e taen no action toco((ence the worDshow adeFuate #roress of the wor!

2! ou are here.y i?en *) hours8 notice in ter(s of Clause "2 of General Conditions ofContract and on e#iry of this #eriod your a.o?e contract will stand rescinded and the worunder this contract will .e carried out inde#endently without your #artici#ation and your Security

$e#osit shall .e forfeited and Perfor(ance Guarantee shall also .e encashed and conseFuenceswhich (ay #lease .e noted!


ours faithfully





As On 30th June 2013 Pae ""

ANNEXURE - XI


PERFOR&A OF TER&INATION NOTICE

@@@@@@@@@@@@@@ RAIL.A

:ithout PreBudice;

o! TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT $ated TTTTTTTTTTTT

'o



$ear Sir=



&orty eiht hours :*) hrs!; notice was i?en to you under this office letter of e?en no!=dated TTTTTTTTTTTTTTTN .ut you ha?e taen no action to co((ence the worDshow adeFuate

#roress of the wor!

Since the #eriod of *) hours8 notice has already e#ired= the a.o?e contract standsrescinded in ter(s of Clause "2 of General Conditions of Contract and the .alance wor underthis contract will .e carried out inde#endently without your #artici#ation! our #artici#ation aswell as #artici#ation of e?ery (e(.erD#artner in any (anner as an indi?idual or a #artnershi#fir(DJ7 is here.y de.arred fro( #artici#ation in the tender for eecutin the .alance wor andyour Security $e#osit shall .e forfeited and Perfor(ance Guarantee shall also .e encashed!


ours faithfully





REGISTER OF CORRECTION SLIPS

C+rre!'+# Sl' Re(ere#eDa!e +(ree'!

I#'!'al* +(er*+# '#:ar"e +(

b++/N+7 Da!e Pa"e

I!e)N+7

Subje!

indian railway general condition july 2013

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