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

20
a) If the Service Agent fails to commence the work as specified in the Letter of Intent or
Work Order after entering into the Agreement for the work.
b) If the Service Agent having been given by the Officer-in-Charge a notice in writing to
rectify, reconstruct or replace any defective work or that the work is being performed in
any inefficient or otherwise improper or un-workman like manner shall omit to comply
with the requirements of such notice for a period of SEVEN DAYS thereafter.
c) If the Service Agent shall delay or suspend the execution of the work so that either in the
judgment of the Officer-in-Charge (which shall be final and binding) he will be unable to
secure completion of the work by the date for completion or he has already failed to
complete the work by that date.
d) If the Service Agent being adjudged insolvent, or going voluntarily into liquidation or
having received order under insolvency act made against him, or in the case of company,
shall pass a resolution, or the court shall make an order that the company shall be wound
up, or if a receiver or a manager on behalf of a creditor shall be appointed, or if
circumstances shall arise which entitle the court or creditor to appoint a receiver or a
manager, or which entitle the court to make a winding up order.
e) If the Service Agent is a Retired Officer of Gazetted rank or other Gazetted Officer
employed in an Engineering Department of Government of India and entering as Service
Agent within a period of TWO YEARS of his retirement from Government Service, such
person should obtain prior permission from the Government of India.
f) The Service Agent should not be a near relative of an Officer or Employee of the BSNL of
Telecom. By the terms NEAR RELATIVES is meant Wife, Husband, Parents and Grand
Parental Children and Grand Children, Brothers and Sisters, Uncles, Aunts and Cousins
and their corresponding in-laws.
g) If the Service Agent commits breach of any of the terms and conditions of this service.
iv. If the Service Agent, or any of his supervisors or employees or agents promise or offer any bribe,
gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise, directly or indirectly
to any of the officers or any employees of the BSNL or any person directly or indirectly relating to
their offices or employment or any person, in any way, interested in the service, such act will be
considered as breach of service and appropriate actions will be
initiated by the Officer-in-Charge in accordance with the relevant Clauses, contained in this
Section of the Tender Document.
20
Signature of the tenderer with seal
30. PENALTY FOR BREACH OF SERVICE:
i. When the Service Agent has made himself liable for action under any of the aforesaid reasons,
the Officer-in-Charge for and on behalf of the BSNL shall have powers:
a) To terminate or rescind the Service as aforesaid after proper notices (of which
terminations or rescission order in writing to the Service Agent under the hand of the
Officer-in-Charge shall be conclusive evidence). Upon such determination or rescission the
Security Deposit remitted by or recovered from the Service Agent in connection with the
work under service will be forfeited and shall be absolutely at the disposal of BSNL.
b) To employ Labour paid by the BSNL and to supply materials to carry out the works or any part of the
work debiting the Service Agent with the cost of the Labour and the price of the Materials of the
amount of which cost and price certified by the Officer-in-Charge shall be final and conclusive
against the service Agent and crediting him with the value of the work done in all
respects in the same manner and the same rates as it has been carried out by the
Service Agent under the terms of the Service. The certificate of the Officer-in-charge as
to the value of the work done shall be final conclusion against the Service Agent,
provided that action under the sub-clause shall only be taken after giving notice in
writing to the Service Agent. Provided also that if the expenses incurred by the BSNL are
less than the amount payable to the Service Agent at his agreement rates, the difference
shall not be paid to the Service Agent.
c) To measure up the portion of the work completed in all respects of the Service Agent after
giving notice to the service agent, to take such part thereof as shall be unexecuted out of
his hands and to give it to another Service Agent to complete, in which case the EMD and
Security Deposit submitted by the former Service Agent shall be forfeited and shall be
absolutely at the disposal of the BSNL.
d) To debar the Service Agent from participating in any of the tenders pertaining to that
Division in case the Breach of Service is being committed for First time, or that pertaining