Procurement of amc(annual maintenance contract) for hvac ... - GAIL

108 Jurisdiction:
International Trade Law (UNCITRAL model law), which were
prepared after extensive consultation with Arbitral Institutions
and centers of International Commercial Arbitration. The United
Nations General Assembly vide resolution 31/98 adopted the
UNCITRAL Arbitration rules on 15 December 1976.
107.2 FOR THE SETTLEMENT OF DISPUTES BETWEEN
GOVERNMENT DEPARTMENT AND ANOTHER AND ONE
GOVERNMENT DEPARTMENT AND PUBLIC ENTERPRISE
AND ONE PUBLIC ENTERPRISE AND ANOTHER THE
ARBITRATION SHALL BE AS FOLLOWS:
"In the event of any dispute or difference between the parties
hereto, such dispute or difference shall be resolved amicably by
mutual consultation or through the good offices of empowered
agencies of the Government. If such resolution is not possible,
then, the unresolved dispute or difference shall be referred to
arbitration of an arbitrator to be nominated by Secretary,
Department of Legal Affairs ("Law Secretary") in terms of the
Office Memorandum No.55/3/1/75-CF, dated the 19th December
1975 issued by the Cabinet Secretariat (Department of Cabinet
Affairs), as modified from time to time. The Arbitration Act 1940
(10 of 1940) shall not be applicable to the arbitration under this
clause. The award of the Arbitrator shall be binding upon parties
to the dispute. Provided, however, any party aggrieved by such
award may make a further reference for setting aside or revision
of the award to Law Secretary whose decision shall bind the
parties finally and conclusively.
The CONTRACT shall be governed by and constructed according
to the laws in force in INDIA. The CONTRACTOR hereby submits
to the jurisdiction of the Courts situated at DELHI for the purposes
of disputes, actions and proceedings arising out of the
CONTRACT, the courts at DELHI only will have the jurisdiction to
hear and decide such disputed, actions and proceedings.
SECTION-X Safety Codes
109 General: 109.1 CONTRACTOR shall adhere to safe construction practice and
guard against hazardous, and unsafe working conditions and shall
comply with EMPLOYER's safety rules as set forth herein. Prior to
start of construction, CONTRACTOR will be furnished copies of
EMPLOYER's "Safety Code" for information and guidance, if it has
been prepared.
110 Safety regulations: 110.1 i) In respect of all labour, directly employed in the WORK for
the performance of CONTRACTOR's part of this
agreement, the CONTRACTOR shall at his own expense
arrange for all the safety provisions as per safety codes of
C.P.W.D., Indian Standards Institution. The Electricity Act,
The Mines Act and such other acts as applicable.
ii) The CONTRACTOR shall observe and abide by all fire
and safety regulations of the EMPLOYER. Before starting
construction work CONTRACTOR shall consult with
EMPLOYER's safety Engineers or ENGINEER-
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