NATIONAL ALUMINIUM COMPANY LIMITED - Rites

Tender Notice No. - …………..............
The Contractor shall be responsible for following the proper procedures in reporting accidents or
incident.
The Owner’s Safety Engineer located in Site will be immediately notified by faster means possible
of any accident which involves the following:
(a) Death from any cause whatsoever.
(b) A fractured skull, arm, thigh or spine, fore-arm or leg.
(c) A dislocated shoulder.
(d) The amputation of arm or hand, or of one or more fingers on the same hand, or of a leg or
a foot.
(e) The loss of sight of an eye.
(f) Any other serious bodily injury, including internal bleeding or burns or asphyxia where such
injury is likely to endanger life, cause permanent incapacity or temporary incapacity of 5
days or more.
6.3 In case of death, the Contractor shall be responsible for immediately notifying the nearest Indian
Police so that they can make the proper investigation in accordance with the law.
7.0 FOREIGN LIABILITY CLAUSE
It is expressly understood and agreed by and between (the Corporation0 and M/s National
Aluminium Company Limited (The Indian PSU) that M/s National Aluminium Co. Ltd. (the Indian
PSU) is entering into this agreement solely on its own behalf and not on behalf of any other person
or entity. In particular, it is expressly understood and agreed that the Government of India is not a
party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly
understood and agreed that M/s National Aluminium Co. Ltd. (the Indian PSU) is an independent
legal entity with power and authority to enter into contracts solely in its own behalf under the
applicable Law of Indian and General Principles of Contract Law. The (Company) expressly
agrees, acknowledges and understands that M/s National Aluminium Co. Ltd. (the Indian PSU) is
not an agent, representative or delegate of the Government of India. It is further understood and
agreed that the Government of India is not and shall not be liable for any acts, omissions,
commissions, breaches or other wrongs arising out of the Contract. Accordingly (corporation)
hereby expressly waives, releases and foregoes any and all actions or claims including cross
claims, impleader claims or counter claims against the Government of India arising out of this
contract and covenents not to sue the Government of India as to any manner, claim, cause of
action or thing whatsoever arising of or under this agreement.
8.0 CLAUSE 44.02: REGULATION OF LOCAL AUTHORITIES & STATUES (TENDER DOCUMENT
COMMERCIAL - INDIGENOUS)
8.1 The following is to be read along with Clause 44.02:-
(a) The payment of minimum wages to Contract Labour shall be as per the rates notified by the
central Government as per Minimum Wages Act,1948 and as adopted by the NALCO
Management from time to time plus any additional element and statutory dues thereon.
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