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

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to all the Divisions under the Jurisdiction of a Deputy General Manager, in case the Breach
of Service is being committed for second tome or further, for a period of ONE year from
the date of issue of termination or rescission order by the Officer-in-charge.
ii. In any case in which any of the powers conferred upon the Officer-in Charge by the above
Clauses, shall have become exercisable and the same shall not be exercised, the exercised
thereof shall not constitute a waiver of any of the conditions here of and such powers shall not
withstanding be exercisable in the event of any future case of default by the Service Agent and
the liability of the Service Agent for compensation shall remain unaffected.
iii. The Service agent whose work has been terminated or rescinded due to Breach of Service and
carried out through another Service Agent shall not have any right to initiate any legal
proceedings to stall the work. Upon receiving the termination or rescission order in writing under
the hand of the Officer-in-charge the Service Agent shall return the unused materials supplied by
the BSNL within the date specified in the termination or rescission order, otherwise the cost of
the materials supplied by the BSNL shall be recovered from the Service Agent as per the
relevant, contained in this section of the Tender Document.
iv. In the event of anyone or more of the courses of action that may be adopted by the Officer-in-
Charge in accordance with the aforesaid clauses contained in this section of the Tender
Document, the Service Agent shall have no claim for compensation towards any loss sustained
by him by reason of having purchased or procured any materials or entered into any engagement
or made any advances on account of the execution of the work or performance of service. And in
case action is taken under any of the provisions aforesaid, the Service Agent shall not be entitled
to recover or be paid any sum for any work thereto or actually performed under this service
unless and until the Officer-in-Charge has certified in writing the performance of such work and
the value payable in respect thereof and he shall only be entitled to be paid the value so
certified.
v. In the event of the Officer-in-Charge putting in force all or any of the powers vested in him under
the provisions of aforesaid, contained in this section of the Tender Document, he may take
possession (at the sole discretion of the Officer-in-Charge which shall be final), or use as on hire
(the amount of hire money being also in the final determination of the Officer-in-Charge), after
giving a notice in writing to the Service Agent, all or any tools, plant, materials and stores, in or
upon the works, belonging to the Service Agent or procured by the Service Agent and intended
to be used for execution of the work or any part thereof, by paying or
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Signature of the tenderer with seal
allowing for the same an amount at service rate, or in case of these not being applicable, at
current market rates to be certified by the Officer-in-Charge whose certificate thereof shall be final.
vi. Officer-in-Charge, after giving a notice in writing to the Service Agent, may order the Service
Agent, or his supervisor or other authorised agent to remove all or any tools, plant, materials, or
stores from the premises (within and the time to be specified in such notice) and in the event of
the Service Agents failing to comply with any such requisition, the Officer-in-Charge may remove
them all at Service Agents expense or sell them by auction or private sale on account of the
Service Agent and at his risk in all respects and the certificate of the Officer-in-Charge as to the
expense of any such removal and the amount of the proceeds and expense of such sale shall be
final and conclusive against the Service Agent.
31. DISPUTES AND ARBITRATION:
(a) In the event of any question, dispute or difference arising under this agreement or in connection
therewith except as to matter the decision of which is specifically provided under this
agreement, the same shall be referred to sole arbitration of the Chief General Manager,
Maintenance, STR, Chennai or in case his designation is changed or his office is abolished then in
such case to the sole arbitration of the said officer for time being entrusted whether in addition to
the functions of STR BSNL Chennai or by whatever designation such officers may be called
(hereinafter referred to as the ìsaid officerî) and if the Chief General Manager, Maintenance, STR,
Chennai or the said officer is unable or unwilling to act as such the sole arbitration or some other
person appointed by the Chief General Manager, Maintenance, STR, Chennai or the said officer. The
agreement to appoint an arbitrator will be in accordance with the Arbitration & Conciliation Act,
1996. There will be no objection to any such appointment that the arbitrator is an employee of BSNL
or Government Servant. The award of the arbitrator shall be final and binding on the parties. In the
event of such arbitrator to whom the matter is originally referred, being transferred or vacating his
office or being unable to act for any reasons whatsoever such Chief General Manager, Maintenance,