1 1 No : DGMM/STSR-BG/EST-20/2007-10/73 Dtd at BG. The 24.06 ...

17
The Awardee Agency shall pay all rates, levies, fees, royalties, taxes and duties payable or
arising from out of by virtue of or in connection with and / or incidental to the service agreement or any
of the obligations of the parties in terms of the agreement and / or in respect of the works or operations.
22. WORKMENí S COMPENSATION:
In every case in which by virtue of the provision of section 12, sub -section (I) of the workmenís
compensation Act, 1923. BSNL will recover the amount of the compensation from the registered agency
which is due, to a workman employed by the Registered Agency in execution of the works and pay the
compensation without prejudice to the right of the BSNL under section 12, sub-section (ii) of the said
Act. BSNL shall be at liberty to recover such amount or any part thereof by deducting it from the
Security Deposit or from any sum due by the BSNL to the Agency whether under this contract or
otherwise. BSNL shall not be bound to contest any claim made against it under section 12 sub- section
(I) of the said Act except on the written request of the Agency and upon his giving to BSNL full security
for all costs for which BSNL might become liable in consequence of contesting such claim.
If any worker employed by the agency on this contract is terminated ,it is the responsibility of
the Awardee Agency to pay the Compensation, if any due to the worker as per the Labour laws
23. PARTNERSHIP FIRMS:
i. Where the Awardee agency is a partnership firm, the prior approval in writing of the Officer-incharge
shall be obtained before any change is made in the constitution of the firm. Where the
Agency is an individual or a Hindu Undivided Family business concern, such approval as aforesaid
shall likewise be obtained before the agency enters into any partnership agreement where under
the partnership firm would have the right to carry out the work hereby undertaken by the
agency. If the prior approval as aforesaid is not obtained, the agreement shall deemed to have
been assigned in contravention of clause 6 hereof and the same action may be taken and same
consequences shall ensue as provided in the said clause 6.
ii. All works to be executed under the agreement shall be executed under the direction and subject
to the approval in all respects of the Officer-in-charge who shall be entitled to direct at what
point or points and in what manner they are to be commenced and from time to time carried on.
iii. Whenever any claim, against the agency for the payment of sum or money arising out of or
under the agreement. BSNL shall be entitled to recover such sum by appropriation in part or in
whole, the security deposit of the agency and to sell to the Govt. promissory notes etc., forming
the whole or part of such security. In the event of security being insufficient or if no security has
been taken from the agency, then the balance or the total sum recoverable as the case may be,
shall be deducted from any sum then due or which at any time thereafter may become due to
the agency under this or any other agreement with BSNL Should this sum be not sufficient to
cover the full amount recoverable, the registered agency shall pay to the BSNL on demand the
balance remaining due.
Signature of the tenderer with seal
24. PAYMENT:
i. The Agency shall submit bills to the concerned Divisional Engineer, on or after the first day of
every month for the work executed during preceding month. Payments will be made to the
agency against the bills normally within 30 days of receipt of the bills duly verified and certified
subject to deduction if any, as per the Service Agreement clauses.
ii. Service Tax as per the applicable rate shall be claimed by the Agency in the bill. The proof of payment of
Service Tax of the previous month/ quarter has to be submitted along with the bill of the current month.
iii Every claim bill submitted by the contractor must accompany the following documents:
1. List showing the details of labourers/employees engaged
2. Duration of their engagement
3. The amount of wages paid to such labourers/employees for the duration in
question.
4. Amount of ESI & EPF contributions (both employerís & employeesí
contribution) for the duration of engagement in question, paid to the ESI &
EPF Authorities
5. Copies of authenticated documents of payments of such contribution to
EPF authorities
6. A declaration from the contractors regarding compliance of the conditions
of EPF Act, 1952 and ESI Act 1948 and
7. The Proof of payment of Service Tax of the previous month/ quarter. The
bill will be passed by the bill passing authority only if the contractor
complies with the terms & conditions of EPF Act, 1952. and ESI Act 1948 .
17