REGIONAL INSTITUTE OF MEDICAL SCIENCES IMPHAL ...

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67.2 Conciliation If the Engineer has given notice of his decision as to a matter in dispute to the Employer and the Contractor and no notice of intention to commence arbitration as to such dispute has been given by either the Employer or the Contractor on or before the seventieth day after the day on which the parties received notice as to such decision from the Engineer, the said decision shall become final and binding upon the Employer and the Contractor. Where notice of intention to commence arbitration as to dispute has been given in accordance with Sub Clause 67.1, arbitration of such dispute shall not be commenced unless, the party having dispute explored the possibility of conciliation with the other party as per the provisions of Part-III of the Arbitration and Conciliation Act, 1996. When such conciliation has failed, the parties shall adopt the following procedure for arbitration :- 67.3 Arbitration 67.3.1 Any dispute and differences relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used in the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof in respect of which :- a) the decision, if any, of the Engineer has not become final and binding pursuant to Sub Clause 67.1 and b) Conciliation has not been reached as per the provisions of Clause 67.2 Shall be referred by the party having dispute to the Sole Arbitration of a person appointed by the Employer. Such Arbitrator shall be appointed within 30 days of the receipt of letter of invocation of Arbitration duly satisfying the requirements of this clause. 67.3.2 If the Arbitrator so appointed resigns his appointment, is unable or unwilling to act due to any reason whatsoever, or dies, the Employer aforesaid or in his absence the person discharging the duties may appoint a new Arbitrator in accordance with these terms and conditions of the contract, to act in his place and the new Arbitrator so appointed may proceed from the stage at which it was left by his predecessor. 67.3.3 It is a term of the contract that the party invoking the Arbitration shall specify the dispute/differences or questions to be referred to the arbitrator under this clause together with the amounts claimed in respect of each dispute. 67.3.4 The Arbitrator may proceed with the Arbitration ex-parte, if either party , in spite HSCC/RIMS/2010/01 PI GCC-64
of a notice from the Arbitrator, fails to take part in the proceedings. 67.3.5 The work under the contract shall continue, if required by the employer, during the Arbitration proceedings. 67.3.6 The Arbitrator shall make speaking Award and give reasons for his decision in respect of each dispute/claim alongwith the sums awarded separately on each individual item of dispute or difference or claims. The Arbitrator shall make separate award on each reference made to him. 67.3.7 The award of the Arbitrator shall be final, conclusive and binding on both the parties. 67.3.8 Subject to the aforesaid, the provisions of the Arbitration & Conciliation Act, 1996 or any statutory modifications or re-enactment thereof and the Rules made there under and for the time being in force shall apply to the Arbitration proceedings and Arbitrator shall publish his Award accordingly. 67.3.9 The seat of arbitration shall be New Delhi. 67.4 Failure to Comply With Engineer's Decision Where neither the Employer nor the contractor has given notice of intention to commence arbitration of a dispute within the period stated in Sub-Clause 67.1 and the related decision has become final and binding either party may, if the other party fails to comply with such decision, and without prejudice to any other rights it may have, refer the failure to arbitration in accordance with sub-Clause 67.3 as if the conditions specified in clauses 67.3(a) and (b) had been satisfied with respect to such dispute. The provisions of Sub-Clause 67.1 shall not apply to any such reference. NOTICES 68.1 Notice to Contractor All certificates, notices or instructions to be given to the Contractor by the Employer or the Engineer under the terms of the Contract shall be sent by post, cable, telex or facsimile transmission to or left at the Contractor's principal place of business or such other address as the Contractor shall nominate for the purpose. 68.2 Notice to Employer and Engineer Any notice to be given to the Employer or to the Engineer under the terms of the Contract shall be sent by post, cable telex or facsimile transmission to or left at the respective addresses nominated for the purpose in part II of these Conditions. HSCC/RIMS/2010/01 PI GCC-65
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Package No Ministry of Health & Fam
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Package No. Regional Institute of M
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Regional Institute of Medical Scien
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INDEX GENERAL CONDITIONS OF CONTRAC
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1.1 Definitions GENERAL CONDITIONS
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otherwise agreed by the Engineer an
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(a) The Engineer's Representative s
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(b) the purchase of materials which
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7.1 Supplementary Drawings and Inst
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10.3 Costs of Securities The cost o
Page 41 and 42: 14.2 Revised Programme HSCC/RIMS/20
Page 43 and 44: accuracy thereof and the Contractor
Page 45 and 46: (iv) pressure waves caused by aircr
Page 47 and 48: (b) loss or damage to any property
Page 49 and 50: when required, produce to the Consu
Page 51 and 52: shall immediately be reported by th
Page 53 and 54: or ancillary to the Works. 31.2 Fac
Page 55 and 56: state or the Central Government or
Page 57 and 58: investigations or enquiry under thi
Page 59 and 60: 36.5 Engineer's Determination Where
Page 61 and 62: (c) The removal and proper re-execu
Page 63 and 64: COMMENCEMENT AND DELAYS 41.1 Commen
Page 65 and 66: the Contractor has (a) (b) within 2
Page 67 and 68: therein. The Contractor shall be en
Page 69 and 70: Contract. If, in the opinion of the
Page 71 and 72: provisional rates or prices to enab
Page 73 and 74: Notwithstanding any other provision
Page 75 and 76: 54.5 Conditions of Hire Contractor'
Page 77 and 78: used, in whole or in part, or not a
Page 79 and 80: such is made in a special item prov
Page 81 and 82: the receipt of the monthly statemen
Page 83 and 84: progressively reduced by the amount
Page 85 and 86: 60.13 Final Certificate Within 28 d
Page 87 and 88: materials which have been deemed to
Page 89 and 90: with the Contract for any Permanent
Page 91: RELEASE FROM PERFORMANCE 66.1 Payme
Page 95 and 96: which payment is to be made, subjec
Page 97 and 98: ANNEXURE - A PROFORMA OF INDENTURE
Page 99 and 100: 8. That the Contractor hereby charg
Page 101 and 102: INDEX INSTRUCTION TO BIDDERS ------
Page 103 and 104: SPECIFIC CONDITIONS OF CONTRACT ---
Page 105 and 106: -----------------------------------
Page 107 and 108: -----------------------------------
Page 109 and 110: (C) SPECIFIC CONDITIONS OF CONTRACT
Page 111 and 112: INSTRUCTIONS TO BIDDERS A. General
Page 113 and 114: 4.1 The Bidder is advised to acquai
Page 115 and 116: C. Preparation of Bids 8.0 Language
Page 117 and 118: ) In the case of successful Bidder,
Page 119 and 120: 15.3 All the above three envelopes
Page 121 and 122: 19.4 The Bidder's names, general te
Page 123 and 124: unsolicited benefits to the Employe
Page 125 and 126: SPECIFIC CONDITIONS OF CONTRACT The
Page 127 and 128: e) The responsibility for making th
Page 129 and 130: 36.1.4 Arms and Ammunition The Cont
Page 131 and 132: 36.1.14 The wage record and wage sl
Page 133 and 134: The increase/decrease in prices sha
Page 135 and 136: 37.0 Taxation The Contractor shall
Page 137 and 138: conveyance to Site as no workers/ s
Page 139 and 140: 39.2.9 Approval of Samples prior to
Page 141 and 142: 39.7 Metric Units The Contractor sh
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39.8.1.4 The laboratory shall be co
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the contractor to avoid any interru
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Actual measurement of secured advan
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ADDITIONAL SPECIFIC CONDITIONS OF C
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4.4 No material or equipment may be
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8.0 Technical Data 8.1 Deleted 9.0
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for human safety. Complete sets of
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22.0 Control System During the main
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B) RELATING TO ELECTRICAL INSTALLAT
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sets of working electrical drawings
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18.0 Inspection, Testing and Inspec
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c. Location and rating of sockets a
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26.0 Completion Certificate 26.1 On
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(C) SPECIFIC CONDITIONS OF CONTRACT
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d. Schematic control drawings givin
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11.0 Samples and Prototypes The Con
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to use the plant to Air condition s
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24. Handing over & Taking over proc
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provisions of the Contract at the t
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the extent of loss, damage, cost, c
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ANNEXURE - C PROFORMA FOR BID SECUR
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ANNEXURE - D APPENDIX TO TENDER Imp
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damage, costs, charges and expenses
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ANNEXURE - F To PROFORMA FOR ADVANC
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Security which the Employer may hav
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