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b-1 tender form - Maharashtra Industrial Development Corporation

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37<br />

CLAUSE 49 : Employments of scarcity labour : If Government declare a state of<br />

scarcity or famine to exist in any village situated within 10 miles of the work, the<br />

contractor shall employ upon such parts of the work, as are suitable for unskilled<br />

labour, any person certified to him by the Executive Engineer (E&M), or be any<br />

person to whom the Executive Engineer (E&M) may have delegated this in writing<br />

to be in need duty of relief and shall be bound to pay to such persons wages not<br />

below the minimum which Government may have fixed in this behalf. Any disputes<br />

which may arise in connection with the implementation of this clause shall be<br />

decided by the Executive Engineer (E&M) whose decision shall be final and binding<br />

on the contractor.<br />

CLAUSE 50 : The price quoted by the contractor shall not in any case exceed the<br />

control price if any fixed by Government or reasonable price which it is permissible<br />

for him to charge a private purchaser for the same class and description of goods<br />

under the provisions of Hoarding and Profiteering Prevention Ordinance. 1943 as<br />

amended from time to time. If the price quoted exceed the controlled price or the<br />

price permissible under Hoarding and Profiteering Prevention ordinance contractor<br />

will specifically mention this fact in his <strong>tender</strong> along with the reasons for quoting<br />

such higher price. The purchaser at his discretion will in such case exercise the right<br />

or revising the price at any state so as to confirm with the controlled price on the<br />

permissible under the Hoarding and Profiteering Prevention Ordinance. This<br />

discretion will be exercised without prejudice to any other action that may be taken<br />

against the contractor.<br />

CLAUSE 51 : The rates to be quoted by the contractor must be inclusive of Sales<br />

tax, no extra payment on this account will be made to the contractor.<br />

CLAUSE 52 : The contractor should as far as possible obtain his requirement of<br />

labour skilled and skilled from the nearest Employment exchange.<br />

CLAUSE 53 :<br />

The provision regarding contractor’s labours provisioning the<br />

Contract Labour (Regulations and Abolition ) Act, 1970, with the <strong>Maharashtra</strong><br />

Contract Labour ( Regulation and Abolition) Rule, 1971 shall be bending on the<br />

contractors. If the provision in the said act centra-dicts with any of the provision<br />

regarding Contractor’s labours in any of the clauses in this <strong>tender</strong>, the provision in<br />

the contractor labour (Regulation and Abolition) Act, 1970 with the <strong>Maharashtra</strong><br />

Labour (Regulation and Abolition) Act, Rules 1971 shall prevail.<br />

CLAUSE 54 : The contractor shall comply with the provisions of the Apprentices<br />

Act, 1961, and the rules and the orders issued these under from time to time. If<br />

he/they fails to do so, the failure will be a breach of the contract and the<br />

Superintending Engineer, may in his discretion, cancel the contract. The contractor<br />

shall be liable to by him/them, of the provisions of the act.<br />

Contractor.<br />

Executive Engineer(E&M).

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