1 1 No : DGMM/STSR-BG/EST-20/2007-10/73 Dtd at BG. The 24.06 ...
1 1 No : DGMM/STSR-BG/EST-20/2007-10/73 Dtd at BG. The 24.06 ...
1 1 No : DGMM/STSR-BG/EST-20/2007-10/73 Dtd at BG. The 24.06 ...
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i. <strong>The</strong> registered agency shall throughout the stipul<strong>at</strong>ed period of the agreement execute the works<br />
in the best and most substantial workman like manner and strictly in accordance with the<br />
contract documents or such other additional particulars and instructions as may be found<br />
requisite to be given during carrying out the works, enforce order amongst his employees, shall<br />
not employ on the works any unfit person or any person not capable or not properly qualified to<br />
perform the works assigned to him. <strong>The</strong> registered agency shall also not employ in respect of the<br />
works or discontinue to employ in respect of the works any employee th<strong>at</strong> the Divisional<br />
Engineer / Officer-in-charge may for any reason object to.<br />
6. NOTIFICATION BY THE SERVICE AGENT:<br />
<strong>The</strong> service agent shall give in writing to the proper person or authority with a copy to the<br />
officer-in-charge such notific<strong>at</strong>ion as may be mand<strong>at</strong>ory or necessary in connection with the<br />
commencement, suspension, resumption, performance and/or completion of the service agentís work. All<br />
notices shall be given sufficiently in advance of the proposed oper<strong>at</strong>ion to permit proper co-rel<strong>at</strong>ion of<br />
activities and the service agent shall keep all proper persons or authorities involved regularly advised of<br />
the progress of oper<strong>at</strong>ions throughout the performance of the work together with such other inform<strong>at</strong>ion<br />
and/or supporting figures and d<strong>at</strong>a as may from time to time as directed or required.<br />
7. INSURANCE:<br />
Without limiting any of his other oblig<strong>at</strong>ions or liabilities, the registered agency shall, <strong>at</strong> his own<br />
expense take and keep comprehensive insurance including third party risk for the plant, machinery<br />
m<strong>at</strong>erials etc., brought to the site and for all the works during the execution and also for <strong>at</strong>tendant. <strong>The</strong><br />
registered agency shall arrange for Individual Workmenís Compens<strong>at</strong>ion Insurance for all the<br />
workmen engaged as required by Law and undertake to indemnify and keep indemnified the BSNL from<br />
against all manner of claims and demands and losses and damages and cost (including between Attorney<br />
and Client) and charges and expenses th<strong>at</strong> may be in regard to the same or th<strong>at</strong> the BSNL may suffer or<br />
incur with respect to and / or incidental to the same. <strong>The</strong> registered agency shall have to furnish the<br />
Divisional Engineer the originals/<strong>at</strong>tested copies of the policies of the Insurance taken within 15 days of<br />
being called upon to do so together with all premium receipts and other papers rel<strong>at</strong>ed thereto which the<br />
Divisional Engineer / officer-in-charge may require.<br />
8. . LABOUR WELFARE:<br />
In every case in which by virtue of the provision or the contract Labour (Regul<strong>at</strong>ion and<br />
abolition) Act 1970 and of the Contract Labour (Regul<strong>at</strong>ion and abolition) Central rules 1971 Govt. is<br />
obliged to pay any amount of the wages to a workman employed by the Agency in execution of the<br />
works or to infur any expenditure in providing welfare and health amenities required to be provided<br />
under the above said act and rules under clause 19 to 19J and PWD ñ8, or under the CPWD contractorís<br />
Labour regul<strong>at</strong>ions or, the rules framed by the Govt. From time to time for the protection of health and<br />
sanitary arrangements for the workers employed by the CPWD agencies BSNL will recover from the<br />
agencies the amount of wages so paid or the amount of expenditure so incurred and without prejudice to<br />
the rights of the Govt. under section <strong>20</strong>, sub-section (ii)and section 21, sub-section (4) of the said Act<br />
except on the written request of the Agency and upon his giving to the BSNL. Full security for all cost for<br />
which BSNL might become liable in contesting such claim.<br />
<strong>The</strong> agency shall obtain a valid license under the Contract Labour (R&A)Act 1970 and the<br />
Contract Labour (R&A) Central Rules 1971 before the commencement of the work and continue to have a<br />
valid license until the completion of work. Any failure to fulfil this requirement shall <strong>at</strong>tract the penal<br />
provisions of the service agreement arising out of the resultant non execution of the work.<br />
12<br />
Sign<strong>at</strong>ure of the tenderer with seal<br />
<strong>No</strong> labour below the age of eighteen years shall be employed on the work and an explicit<br />
certific<strong>at</strong>e to th<strong>at</strong> effect shall be provided.<br />
FAIR WAGES<br />
A. <strong>The</strong> agency shall pay to the labourer if employed by him either directly or through sub-agency,<br />
wages not less than the fair wages in CPWD Contractorís labour regul<strong>at</strong>ions or as per the<br />
provisions of the Contract labour (R&A) Act 1970 and Contract Labour (R&A) Central Rules 1971,<br />
wherever applicable<br />
B. <strong>The</strong> Agency shall not withstanding the provisions of any service agreement to the contrary,<br />
cause to be paid fair wage to labour indirectly engaged on the work, including any labour<br />
engaged by his sub-agency in connection with the said work, as if the labour .