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B-1 AGREEMENT System Generated e-Tender No ... - e-Tendering

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49 Dy. Executive Engineer<br />

Clause 39:- The Contractor shall employ any famine, convict or other Employment of famine<br />

labour of a particular kind or class if ordered in writing to do so by the labour etc.<br />

Engineer-in-charge.<br />

Clause 40:- <strong>No</strong> compensation shall be allowed for any delay caused in<br />

the starting of the work on account of acquisition of land or, in the case of<br />

clearance works, on account of any delay in according sanction to<br />

estimates.<br />

Claim for compensation<br />

for delay in starting of<br />

work.<br />

Clause 41:- <strong>No</strong> compensation shall be allowed for any delay in the<br />

execution of the work on account of water, standing in borrow pits or<br />

compartments. The rates are inclusive for hard or cracked soil, excavation<br />

in mud, sub-soil water or water standing in borrow pits and no claim for an<br />

extra rate shall be entertained unless otherwise expressly specified.<br />

Clause 42:- The Contractor shall not enter upon or commence any portion<br />

of work except with written authority and instructions of the Engineer-incharge<br />

or his subordinate in charge of the work. Failing such authority the<br />

Contractor shall have no claim to ask for measurements of the payment<br />

for work.<br />

Clause 43(i):- <strong>No</strong> contractor shall employ any person who is under the<br />

age of 18 years.<br />

(ii) <strong>No</strong> contractor shall employ donkeys or other animals with breaching of<br />

string or thin ropes. The breaching must be at least three inches wide and<br />

should be of tape (Nawar).<br />

(iii) <strong>No</strong> animal suffering from sores, lameness or emaciation or which is<br />

immature shall be employed on the work.<br />

(iv) The Engineer-in-charge or his Agent is authorized to remove from the<br />

work, any person or animal found working which does not satisfy these<br />

conditions and no responsibility shall be accepted by Government for any<br />

delay caused in the completion of the work by such removal.<br />

(v) The contractor shall pay fair and reasonable wages to the workmen<br />

employed by him, in the contract undertaken by him. In the event of any<br />

dispute arising between the contractor and his workmen on the grounds<br />

that the wages paid are not fair and reasonable, the dispute shall be<br />

referred without delay to the Executive Engineer shall be conclusive and<br />

binding on the contractor but such decision shall not in any way affect the<br />

conditions in the contract regarding the payment to be made by<br />

Government at the sanctioned tender rates.<br />

(vi) Contractor shall provide drinking water facilities to the workers.<br />

Similar amenities shall be provided to the workers engaged on large work<br />

in urban areas.<br />

(vii) All facilities provided in the contract labour (Regulation and Abolition<br />

Act 1971), The Maharashtra Contract Labour Regulation and Abolition<br />

Rule 1971 should be provided.<br />

Claim for compensation<br />

for delay in execution<br />

of work.<br />

Entering upon or<br />

commencing any<br />

portion of work.<br />

Minimum age of<br />

persons employed, the<br />

employment of donkeys<br />

and / or other animals<br />

and the payment of fair<br />

wages.<br />

Clause 44:- Payment to contractors shall be made by cheque drawn on<br />

any treasury within the division convenient to them, provided the amount<br />

exceeds Rs.10. Amounts not exceeding Rs.10 will be paid in cash.<br />

Clause 45:- Any contractor who does not accept these conditions shall<br />

not be allowed to tender for works.<br />

Method of payment.<br />

Acceptance of conditions<br />

compulsory before<br />

tendering for work<br />

Signature of Contractor <strong>No</strong>. Of Corrections Executive Engineer

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