Western Railway - Indian Railway

Tender No.
S&T/BRC/12-13/03 (Signal)
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The Contractor/s shall not be entitled to make any claim whatsoever against the
Railway under or by virtue of or arising out of this contract, nor shall the Railway
entertain or consider any such claim, if made by the contractor/s after he/they
would have signed a `No Claim Certificate' in favour of the Railway, in such
form as shall be required by the Railway/s after the works are finally measured
up. The Contractor/s shall be debarred from disputing the correctness of the
items covered by ―No Claim Certificate" or demanding a reference to arbitration,
in respect thereof. After clear no claim as given by contractor the dispute, if any
will not be arbitrable.
The provision of Clauses 63 & 64 to the General Condition of Contract will be
applicable only for settlement of claims or disputes between the parties for
values less than or equal to 20% of the value of the contract, and when claim or
disputes are of value more than 20% of the contract, provision of Clauses 63 &
64 and other relevant clauses of the General Conditions of Contract will not be
applicable and arbitration will not be a remedy for settlement of such disputes.
The contractor shall not be entitled to ask for reference to arbitration, before the
completion of the work assigned to him / them under this contract. The
contractor/s shall seek reference to arbitration to settle disputes only once within
the ambit of above condition.
If any dispute arises between the parties with respect to this agreement any
application or suite shall be instituted only in the court with local unit of whose
jurisdiction the Western Railway HQ office is situated and both the parties shall
be bound by this clause.
Relevant provisions of GCC in this regard as under:
GCC Clause 63 :Matters finally determined by the Railway:-All disputes and
differences of any kind whatsoever arising out of or in connection with the
contract, whether during the progress of the work or after its completion and
whether before or after the determination of the contract shall be referred by the
Contractor to the Railway and the Railway shall within 120 days after receipt of
the Contractor's representation make and notify decisions on all matters referred
to by the contractor in writing provided that matters for which provisions has been
made in Clause 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57-A, 61(1), 61(2)
and 62(i) to (xiii)(B) of the General Conditions of Contract or in any clause of the
Special Conditions of Contract shall be deemed as ―excepted matters‖ and the
decisions of the Railway authority, thereon shall be final and binding on the
Contractor provided further that ―excepted matters‖ shall stand specifically
excluded from the purview of the arbitration clause and not be referred to
Arbitration.
GCC Clause 64:
64.(1)(i) Demand for Arbitration: In the event of any dispute or difference
between the parties here to as to the construction or operation of this
contract, or the respective rights and liabilities of the parties on any
matter in question, dispute or difference on any account or as to the
withholding by the Railway of any certificate to which the contractor
may claim to be entitled to, or if the Railway fails to make a decision
within 120 days, then and in any such case, but except in any of the
―excepted matters‖ referred to in clause 63 of these conditions, the
For Sr. Divisional Signal & Telecom Engineer Page 38 of 68 Signature of Tenderer & Seal
For and on behalf of President of India