CLAUSES OF CONTRACT - Delhi Jal Board

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CLAUSE 26 Rights Contractor To Indemnify Delhi Jal Board Against Patent The contractor shall fully indemnify and keep indemnified the President of India/ Delhi Jal Board against any action, claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties which may be payable in respect of any article or part thereof included In the contract. In the event of any claims made under or action brought against Government in respect of any such matters as aforesaid the contractor shall be immediately notified thereof and the contractor shall be at liberty, at his own expense, to settle any dispute or to conduct any litigation that may arise there from, provided that the contractor shall not be ‘liable to indemnify the President of India If the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the Engineer-in-Charge in this behalf. CLAUSE 27 Lump sum Provisions In Tender When the estimate on which a tender is~ made includes lump sum in respect of parts of the work, the contractor shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates as are payable under this contract for such items, or if the part of the work in question is not in the opinion of the Engineer-in-Charge payable of measurement, the Engineer-in-Charge may at his discretion pay the lump-sum amount entered In the estimate, and the certificate in writing of the Engineer-In-Charge shall be final and conclusive against the contractor with regard to any sum or sums payable to him under the provisions of the clause. CLAUSE 28 Action Where No Specifications Are Specified In the case of any class of work for which there is no such specifications as referred to in Clause 11, such work shall be carried out in accordance with the Bureau of Indian Standards Specifications. In case there is no such specification in Bureau of Indian Standards, the work shall be carried out as per manufacturers specifications, if not available then as per District Specifications. In case there are no such specifications as required above, the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer-in-Charge. CLAUSE 29 Withholding And Lien In Respect Of Sums Due From Contractor i) Whenever any claim or claims for payment of a sum of money arises out of or under the contractor against the contractor, the Engineer-in-Charge or
the Government shall be entitled to with hold and also have a lien to retain such sum or sums in whole or in part from the security, if any deposited by the contractor and for the purpose aforesaid, the Engineer-in-Charge or the Government shall be entitled to withhold the security deposit, if any, furnished as the case may be and also have a lien over the same pending finalization or adjudication of any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the contractor, the Engineer-in-Charge or the Government shall be entitled to withhold and have a lien to retain to the extent of such claimed amount or amounts referred to above, from any sum or sums found payable or which may at any time thereafter become payable to the contractor under the same contract or any other contract with the Engineer-in-Charge of the Government or any contracting person through the Engineer-in-Charge pending finalization of adjudication of any such claim. It is an agreed term of the contract that the sum of money or moneys so withheld or retained under the lien referred to above by the Engineer-in- Charge or Government will be kept withheld or retained as such by the Engineer-in-Charge or Government till the claim arising out of or under the contract is determined by the arbitrator (if the contract is governed by the arbitration clause) by the competent ‘court, as the case may be and that the contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien referred to above and duly notified as such to the contractor. For the purpose of this clause, where the contractor is a partnership firm or a limited company, the Engineer-in-Charge or the Government shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner/limited company as the case may be, whether in his Individual capacity or otherwise. ii) Government shall have the right to cause an audit and technical examination of the works and the final bills of the contractor including all supporting vouchers, abstract, etc., to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed to have been done by him under the contract and found not to have been executed, the contractor shall be liable to refund the amount of over-payment and it shall be lawful for Government to recover the same from him in the manner prescribed in sub-clause (I) of this clause or in any other manner legally permissible; and if it is found that the contractor was paid less than what was due to him under the contract in respect if any work executed by him under it, the amount of
Page 1 and 2: CLAUSES OF CONTRACT CLAUSE 1 PERFOR
Page 3 and 4: Compensation for delay of work @ 1.
Page 5 and 6: the value payable in respect thereo
Page 7 and 8: The Contractor may also, if practic
Page 9 and 10: the month after the requisite progr
Page 11 and 12: In case, the contractor fails to su
Page 13 and 14: stores/materials shall not be remov
Page 15 and 16: eing answerable or accountable for
Page 17 and 18: mobilization advance and plant and
Page 19 and 20: i) In the proportion which the addi
Page 21 and 22: for the items hereunder mentioned w
Page 23 and 24: debenture holders or otherwise shal
Page 25 and 26: Government, shall within ten days o
Page 27 and 28: CLAUSE 18A Recovery Of Compensation
Page 29 and 30: In the case of Union Territory of D
Page 31 and 32: I. In the case of delivery - leave
Page 33 and 34: ii) a) All the huts shall have wall
Page 35: CLAUSE 21 Work Not Be Sublet. Actio
Page 39 and 40: The contractor shall immediately re
Page 41 and 42: ii) CLAUSE 33 The contractor shall
Page 43 and 44: viii) ix) overtime a period of half
Page 45 and 46: The contractor shall immediately af
Page 47 and 48: CLAUSE 37 misconducts himself, or i
Page 49 and 50: cement or bitumen are not available
Page 51 and 52: any complaint is pending against th
Page 53 and 54: length or fraction thereof Ladder s
Page 55 and 56: m. The workers shall be provided wi
Page 57: machine to the Engineer-in-charge w

CLAUSES OF CONTRACT - Delhi Jal Board

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