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FMS - GAIL

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arrangements and provides necessary facilities as aforesaid, the<br />

ENGINEER-IN- CHARGE shall be entitled to do so and recover<br />

the costs thereof from the CONTRACTOR.<br />

121.2 Failure to comply with Safety Code or the provisions relating to<br />

report on accidents and to grant of maternity benefits to female<br />

workers shall make the CONTRACTOR liable to pay Company<br />

Liquidated Damages an amount not exceeding Rs.50/- for each<br />

default or materially incorrect statement. The decision of the<br />

ENGINEER-IN-CHARGE in such matters based on reports from<br />

the Inspecting Officer or from representatives of<br />

ENGINEER-IN-CHARGE shall be final and binding and deductions<br />

for recovery of such Liquidated Damages may be made from any<br />

amount payable to the CONTRACTOR from all the provisions of<br />

the Mines Act, 1952 or any statutory modifications or re-enactment<br />

thereof the time being in force and any Rules and Regulations<br />

made thereunder in respect of all the persons employed by him<br />

under this CONTRACT and shall indemnify the EMPLOYER from<br />

and against any claim under the Mines Act or the rules and<br />

regulations framed thereunder by or on behalf of any persons<br />

employed by him or otherwise.<br />

122 Preservation of place: 122.1 The CONTRACTOR shall take requisite precautions and use his<br />

best endeavours to prevent any riotous or unlawful behaviour by<br />

or amongst his worker and others employed or the works and for<br />

the preservation of peace and protection of the inhabitants and<br />

security of property in the neighborhood of the WORK. In the<br />

event of the EMPLOYER requiring the maintenance of a Special<br />

Police Force at or in the vicinity of the site during the tenure of<br />

works, the expenses thereof shall be borne by the CONTRACTOR<br />

and if paid by the EMPLOYER shall be recoverable from the<br />

CONTRACTOR.<br />

123 Outbreak of infectious<br />

diseases:<br />

124 Use of intoxicants:<br />

123.1 The CONTRACTOR shall remove from his camp such labour and<br />

their facilities who refuse protective inoculation and vaccination<br />

when called upon to do so by the ENGINEER-IN-CHARGE's<br />

representative. Should Cholera, Plague or other infectious<br />

diseases break out the CONTRACTOR shall burn the huts,<br />

beddings, clothes and other belongings or used by the infected<br />

parties and promptly erect new huts on healthy sites as required by<br />

the ENGINEER-IN-CHARGE failing which within the time specified<br />

in the Engineer's requisition, the work may be done by the<br />

EMPLOYER and the cost thereof recovered from the<br />

CONTRACTOR.<br />

124.1 The unauthorised sale of spirits or other intoxicants, beverages<br />

upon the work in any of the buildings, encampments or tenements<br />

owned, occupied by or within the control of the CONTRACTOR or<br />

any of his employee is forbidden and the CONTRACTOR shall<br />

exercise his influence and authority to the utmost extent to secure<br />

strict compliance with this condition.<br />

In addition to the above, the CONTRACTOR shall abide by the<br />

safety code provision as per C.P.W.D. safety code and Indian<br />

Standard Code framed from time to time.<br />

113

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