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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13<br />
C. In respect of all labour directly or indirectly employed in the works for performance of the<br />
Agencyís part of this agreement, the agency shall comply with or cause to be complied with the<br />
CPWD Contractors Labour Regul<strong>at</strong>ions made by Govt. from time to time in regard to payment of<br />
wages, wage period deduction from wages, recovery of wages not paid and deductions<br />
unauthorised made, maintenance of wages books, or wage slips, public<strong>at</strong>ion of scale of wages<br />
and other terms of employment, inspection and submission of periodical returns and such full<br />
other m<strong>at</strong>ters of the like n<strong>at</strong>ure or as per the provisions of the Contract Labour (R & A) Central<br />
Rules 1971 wherever applicable.<br />
D. <strong>The</strong> Divisional Engineer or his sub-ordin<strong>at</strong>e officers concerned shall have the right to deduct from<br />
the money due to the agency any sum required or estim<strong>at</strong>ed to be required or estim<strong>at</strong>ed to be<br />
required for making good the loss suffered by a worker or workers by reasons of fulfillment of<br />
the conditions of the service agreement for the benefit if the workers, non payment of wages or<br />
deductions made from his or their wages which are justified by their terms of the service<br />
agreement or non-observance of the Regul<strong>at</strong>ions.<br />
E. <strong>The</strong> agency shall comply with the provisions of Payment of Wages Act 1936, Minimum Wages Act<br />
1948, Employees Liability Act 1938, Workmenís Compens<strong>at</strong>ion Act 1923, Industrial Disputes Act<br />
1947, M<strong>at</strong>ernity Benefits Act 1961 and Contractorís Labour (Regul<strong>at</strong>ion & Abolition) Act 1970 or<br />
the modific<strong>at</strong>ion there of or any other laws rel<strong>at</strong>ing there to and the rules made there under<br />
from time to time.<br />
F. <strong>The</strong> Agency shall indemnify BSNL against payments to be made under and for the observance<br />
the laws aforesaid and the CPWD Contractorís Labour Regul<strong>at</strong>ions without prejudice to the right<br />
to claim to indemnify from his sub-agency.<br />
G. <strong>The</strong> Regul<strong>at</strong>ions aforesaid shall be deemed to be part of the service agreement and any breach<br />
there of shall be deemed to be a breach of the service agreement.<br />
H. PAYMENT OF MINIMUM RATES OF WAGES:<br />
1. Wherein respect of any scheduled employment a notific<strong>at</strong>ion under section-5 is in force,<br />
the employer shall pay every employee engaged in a scheduled employment under him wages <strong>at</strong><br />
a r<strong>at</strong>e not less than minimum r<strong>at</strong>es of wages fixed by such notific<strong>at</strong>ion for th<strong>at</strong> class of<br />
employees in th<strong>at</strong> employment without any deductions except as may be authorized within such<br />
time and subject to such conditions as may be prescribed.<br />
2. <strong>The</strong> r<strong>at</strong>es of wages payable to the workmen by the contractors shall not be less than the<br />
r<strong>at</strong>es prescribed under the minimum wages Act 1948 (11 of 1948) for such employment where<br />
applicable and where the r<strong>at</strong>es have been fixed by agreement settlement or award, not less than<br />
the r<strong>at</strong>es so fixed.<br />
3 Wages shall be paid without any deduction of any kind except those specified by the<br />
Central Government, by general or special order in this behalf permissible under the payment<br />
of wages Act 1936 (4 of 1936).<strong>at</strong> the r<strong>at</strong>es prescribed for the place of service provided.<br />
4 <strong>The</strong> r<strong>at</strong>es of wages payable and classific<strong>at</strong>ion of cities into areas should be fixed<br />
in accordance with the Government of India/Ministry of Labour or the modific<strong>at</strong>ions<br />
thereof or any other laws rel<strong>at</strong>ing there to and the rules made there under from time to<br />
time.<br />
5 <strong>The</strong> contractor shall fix wage periods in respect of which wages shall be payable.<br />
13<br />
Sign<strong>at</strong>ure of the tenderer with seal<br />
I. OTHER LABOUR WELFARE MEASURES:<br />
(1) <strong>The</strong> Awardee Agency shall implement the labour welfare enunci<strong>at</strong>ed in clause 19C,<br />
19D, 19E, 19H, 19L of the conditions contract in the PWD-8.<br />
(2) <strong>The</strong> Agency shall also follow the safety method st<strong>at</strong>ed in the CPWD Safety Code.<br />
(3) <strong>The</strong> Agency shall comply with all the provisions of Minimum Wages Act 1948,<br />
Contract Labour (R &A) Act and rules framed and other labour Laws affecting<br />
labour th<strong>at</strong> may be brought into force from time to time.<br />
(4) <strong>The</strong> awarded work shall not be assigned or sub-let without written approval of the Engineer-in-<br />
charge and if the agency shall assign or sub-let his awarded work, or so to do, or become<br />
insolvent or commence any proceedings or make any composition with his credits <strong>at</strong>tempt so to<br />
do, or if any bribe, gr<strong>at</strong>uity, gift, prerequisite reward or advantage pecuniary or otherwise shall<br />
either directly or indirectly be given, promised or offered by the agency or any of his servants or<br />
agent to any public officer or person in the employ of BSNL in any way rel<strong>at</strong>ing to his officer or