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106 Health and sanitary arrangements for workers: 116 the amount so paid and the costs incurred by the EMPLOYER shall be charged to and paid by the CONTRACTOR and the CONTRACTOR shall not be at liberty to dispute or question the right of the EMPLOYER to make such payments notwithstanding the same, may have been made without the consent or authority or in law or otherwise to the contrary. iii) In every case in which by virtue of the provisions of Section 12, Sub-section (i) of workmen's compensation Act, 1923 or other applicable provision of Workmen Compensation Act or any other Act, the EMPLOYER is obliged to pay compensation to a workman employed by the CONTRACTOR in execution of the WORK, the EMPLOYER will recover from the CONTRACTOR the amount of the compensation so paid, and without prejudice to the rights of EMPLOYER under Section 12, Sub- section (2) of the said act, EMPLOYER shall be at liberty to recover such amount or any part thereof by deducting it from the Contract Performance Security or from any sum due to the CONTRACTOR whether under this CONTRACT or otherwise. The EMPLOYER shall not be bound to contest any claim made under Section 12, Sub-section (i) of the said act, except on the written request of the CONTRACTOR and upon his giving to the EMPLOYER full security for all costs for which the EMPLOYER might become liable in consequence of contesting such claim. 106.1 In respect of all labour directly or indirectly employed in the WORKS for the performance of the CONTRACTOR's part of this agreement, the CONTRACTOR shall comply with or cause to be complied with all the rules and regulations of the local sanitary and other authorities or as framed by the EMPLOYER from time to time for the protection of health and sanitary arrangements for all workers. 106.2 The CONTRACTOR shall provide in the labour colony all amenities such as electricity, water and other sanitary and health arrangements. The CONTRACTOR shall also provide necessary surface transportation to the place of work and back to the colony for their personnel accommodated in the labour colony. 107 Arbitration: 107.1 Subject to Clause 91 of GCC and the matters where decision of the Engineer-in-Charge is deemed to be final
and binding as provided in the Agreement and the issues/disputes which cannot be mutually resolved within a reasonable time, all disputes shall be referred to arbitration by Sole Arbitrator. The Employer [GAIL (India) Ltd.] shall suggest a panel of three independent and distinguished persons to the bidder/contractor/supplier/buyer (as the case may be) to select any one among them to act as the Sole Arbitrator. In the event of failure of the other parties to select the Sole Arbitrator within 30 days from the receipt of the communication suggesting the panel of arbitrators, the right of selection of the sole arbitrator by the other party shall stand forfeited and the EMPLOYER (GAIL) shall have discretion to proceed with the appointment of the Sole Arbitrator. The decision of Employer on the appointment of the sole arbitrator shall be final and binding on the parties. The award of sole arbitrator shall be final and binding on the parties and unless directed/awarded otherwise by the sole arbitrator, the cost of arbitration proceedings shall be shared equally by the parties. The Arbitration proceedings shall be in English language and venue shall be New Delhi, India. Subject to the above, the provisions of (Indian) Arbitration & Conciliation ACT 1996 and the Rules framed there under shall be applicable. All matter relating to this contract are subject to the exclusive jurisdiction of the court situated in the state of Delhi. Bidders/suppliers/contractors may please note that the Arbitration & Conciliation Act 1996 was enacted by the Indian Parliament and is based on United Nations Commission on 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: 117
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GAIL (India) Limited 16, Bhikaji Ca
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TENDER NO.: GAIL/ND/C&P-MKTG/GT/14/
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Company (other than the CONTRACTOR)
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1.1.28 "METRIC SYSTEM" - All techni
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than 500 m away from the CONTRACTOR
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CONTRACTOR shall fail to comply wit
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audited. x) Details of present comm
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5. Transfer of Tender Documents: of
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11 Tenderer’s Responsibility; 12
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Tenderer is in doubt about the comp
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23 Contractor to obtain his own Inf
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Guarantee or through an irrevocable
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obligation of the party affected by
Page 65 and 66: a) TO DETERMINE THE CONTRACT in whi
Page 67 and 68: may give notice in writing to the C
Page 69 and 70: 36. Contractor's subordinate staff
Page 71 and 72: Notwithstanding any sub-letting wit
Page 73 and 74: 39. Contractor's responsibility wit
Page 75 and 76: EMPLOYER as a result such failure w
Page 77 and 78: 46. Payment if the contract is term
Page 79 and 80: advertising, publicity, sales relea
Page 81 and 82: 60. Alterations in specifications,
Page 83 and 84: 83 10% (ten percent) to cover all c
Page 85 and 86: ENGINEER-IN-CHARGE. "Certified true
Page 87 and 88: 66. Stores supplied by the employer
Page 89 and 90: 68. Material procured with assistan
Page 91 and 92: 73. Inspection of works: 73.1 The E
Page 93 and 94: 77. Suspension of works: 78. Employ
Page 95 and 96: 95 defective or not in accordance w
Page 97 and 98: such time as may be reasonably nece
Page 99 and 100: ENGINEER-IN-CHARGE as to the items
Page 101 and 102: 88.1.1 All measurements shall be re
Page 103 and 104: such claim and no delay in dealing
Page 105 and 106: CONTRACTOR after verifying from the
Page 107 and 108: SECTION-VII Taxes and Insurance 98.
Page 109 and 110: the insurance coverage risk and in
Page 111 and 112: 111 the Employership of such vehicl
Page 113 and 114: 113 the EMPLOYER harmless of all cl
Page 115: 104 Implementation of apprentices a
Page 119 and 120: 111 First aid and industrial injuri
Page 121 and 122: 115 Excavation and trenching: 116 D
Page 123 and 124: iii) When the work is done near any
Page 125 and 126: 117 Care in handling inflammable ga
Page 127 and 128: Section-6 Schedule of Rates 127
Page 129 and 130: Section - 7 Forms & Formats 129
Page 131 and 132: To M/S. GAIL(India) LTD. 16, Bhikai
Page 133 and 134: Annual Turnover data for the last 3
Page 135 and 136: F-4 PROFORMA FOR BANK GUARANTEE FOR
Page 137 and 138: F-5 LETTER OF AUTHORITY PROFORMA FO
Page 139 and 140: M/S. GAIL(India) LTD. 16, Bhikaiji
Page 141 and 142: Full Postal Address and phone nos o
Page 143 and 144: on demand, a penal interest of 18%
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