Download NIT - Chittaranjan Locomotive Works - Indian Railway

Page 23 of 35for in full at the rates specified in the contract. Notice in writing from the Railway of such determination and thereason therefore shall be conclusive evidence thereof.(2) PAYMENT TO DETERMINATE CONTRACT BY RAILWAY.Should the contract be determined under sub-clause(1) of this clause and the Contractor claims payment forexpenditure incurred by him in the expectation of completing the whole of the works, the Railway shall admitand consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of theEngineer.The Contractor shall have no claim to any payment or compensation or otherwise howsoever on account of anyprofit or advantage which he might have derived in consequence from the execution of the work in full butwhich he did not derive in consequence of determination of contract. The Railways decision on the necessaryand propriety of such expenditure shall be final and conclusive.DETERMINATION OF CONTRACT OWING TO DEFAULT IN THE CONTRACT3.52 (1) If the Contractor should-(i) become bankrupt or insolvents, or(ii) make an arrangement with or assignment in favour of his creditors or agree to carry out the contractunder a committee or Inspection of his creditors, or(iii) being a company or corporation, go into liquidation (other than a voluntary liquidation for the purposeof amalgamation or reconstruction)(iv) have an execution levied on his goods or property on the works or(v) Abandon the contract, or(vi) Persistently disregard the instruction of the Engineer, or contravenes any provision of the contract, or(vii) Fail to adhere to agreed programme of work by margin of 10 percent of the stipulated period, or(viii) fail to remove materials from the site or to pull down and replace work after receiving from theEngineer notice to the effect that the said materials or works have been condemned or rejected underClauses 3.3 & 3.20 of these conditions, or(ix) fail to take steps to employ competent or additional staff and labour as required under clause 3.20 ofthese conditions, or(x) fail to afford the Engineer or Engineer’s representative proper facilities for inspecting the works or anypart thereof as required under Clause 3.21 of these conditions, or(xi) promise, offer or give any bribe, commission, gift or advantage either himself or through his partner orservant to any officer or employee of the Railway or to any person on his of on their behalf in relationto the execution of this or any other contract with the Railway, then and in any of the said causes, theEngineer on behalf of the Railway, may serve the Contractor with a notice in writing to that effectand if the Contractor does not within 7 days after the delivery to him of such notice proceed to makegood his default in so far as the same is capable of being made good and carry on the work or complywith such directions as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitledafter giving 48 hours notice in writing under the hand of the Engineer to remove the Contractor fromthe whole or any portion to portions (as may be specified in such notice) of the works without therebyavoiding the contract or realizing the Contractor from any of his obligations or liabilities under thecontract and adopt any or several following courses:-a) to rescind the contract, of which rescission notice in writing to the Contractor under the hand of the Engineershall be conclusive evidence, in which case the security deposit of the Contractor shall stand forfeited to theRailway without prejudice to the Railway’s right or recover from the Contractor any amount by which the cost ofcompleting the works by any other agency shall exceed the value of the contract:b) to carry out the works, or any part thereof by the employment of the required labour and materials, the costs ofwhich shall include lead, lift, freight supervision and all indental charges and to debit the Contractor with suchcost, the amount of which as certified by the Engineer shall be final and binding upon the Contractor, and tocredit the Contractor with value of the works done as if the works had been carried out by the Contractor underthe terms of the contract, and the certificate of the Engineer in respect of the amount to be credited to theContractor shall be final and binding upon the Contractor.c) to measure up the work executed by the Contractor and to get the remaining work completed by anotherContractor at the risk and expense of the Contractor in all respects in which case any expenses that may beSignature of the Tenderer with seal & date Page 23