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106 Health and sanitary<br />

arrangements <strong>for</strong><br />

workers:<br />

116<br />

the amount so paid and the costs incurred by the<br />

EMPLOYER shall be charged to and paid by the<br />

CONTRACTOR and the CONTRACTOR shall<br />

not be at liberty to dispute or question the right <strong>of</strong><br />

the EMPLOYER to make such payments<br />

notwithstanding the same, may have been made<br />

without the consent or authority or in law or<br />

otherwise to the contrary.<br />

iii) In every case in which by virtue <strong>of</strong> the provisions<br />

<strong>of</strong> Section 12, Sub-section (i) <strong>of</strong> workmen's<br />

compensation Act, 1923 or other applicable<br />

provision <strong>of</strong> Workmen Compensation Act or any<br />

other Act, the EMPLOYER is obliged to pay<br />

compensation to a workman employed by the<br />

CONTRACTOR in execution <strong>of</strong> the WORK, the<br />

EMPLOYER will recover from the<br />

CONTRACTOR the amount <strong>of</strong> the compensation<br />

so paid, and without prejudice to the rights <strong>of</strong><br />

EMPLOYER under Section 12, Sub- section (2) <strong>of</strong><br />

the said act, EMPLOYER shall be at liberty to<br />

recover such amount or any part there<strong>of</strong> by<br />

deducting it from the Contract Per<strong>for</strong>mance<br />

Security or from any sum due to the<br />

CONTRACTOR whether under this CONTRACT<br />

or otherwise. The EMPLOYER shall not be<br />

bound to contest any claim made under Section 12,<br />

Sub-section (i) <strong>of</strong> the said act, except on the<br />

written request <strong>of</strong> the CONTRACTOR and upon<br />

his giving to the EMPLOYER full security <strong>for</strong> all<br />

costs <strong>for</strong> which the EMPLOYER might become<br />

liable in consequence <strong>of</strong> contesting such claim.<br />

106.1 In respect <strong>of</strong> all labour directly or indirectly employed in<br />

the WORKS <strong>for</strong> the per<strong>for</strong>mance <strong>of</strong> the CONTRACTOR's<br />

part <strong>of</strong> this agreement, the CONTRACTOR shall comply<br />

with or cause to be complied with all the rules and<br />

regulations <strong>of</strong> the local sanitary and other authorities or as<br />

framed by the EMPLOYER from time to time <strong>for</strong> the<br />

protection <strong>of</strong> health and sanitary arrangements <strong>for</strong> all<br />

workers.<br />

106.2 The CONTRACTOR shall provide in the labour colony all<br />

amenities such as electricity, water and other sanitary and<br />

health arrangements. The CONTRACTOR shall also<br />

provide necessary surface transportation to the place <strong>of</strong><br />

work and back to the colony <strong>for</strong> their personnel<br />

accommodated in the labour colony.<br />

107 Arbitration: 107.1 Subject to Clause 91 <strong>of</strong> GCC and the matters where<br />

decision <strong>of</strong> the Engineer-in-Charge is deemed to be final

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