FMS - GAIL

108 Jurisdiction:
"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.
111 First aid and industrial
injuries:
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-
IN-CHARGE and must make good to the satisfaction of
the EMPLOYER any loss or damage due to fire to any
portion of the work done or to be done under this
agreement or to any of the EMPLOYER's existing
property.
111.0 i) CONTRACTOR shall maintain first aid facilities for
its employees and those of its SUB-CONTRACTOR.
ii) CONTRACTOR shall make outside arrangements
for ambulance service and for the treatment of industrial
injuries. Names of those providing these services shall be
furnished to EMPLOYER prior to start of construction and
their telephone numbers shall be prominently posted in
CONTRACTOR's field office.
107