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xii)Page 24 of 35incurred if the works had been carried out by him under the terms of the contract, the amount of which excess ascertified by the Engineer shall be final and binding upon the Contractor, shall be borne and paid by theContractor and may be deducted from any moneys due to him by the Railway under the contract or otherwise offrom his Security Deposit. Provided always that in any case in which any of the powers conferred upon theRailway by Sub-Clause (1) of Clause 60 thereof shall have become exercisable and the same shall be notexercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powersshall not withstanding be exercisable in the event of any future case of default by the Contractor which is liabilityfor past and future shall remain unaffected.At any time after the tender relating to the contract has been signed and submitted by the Contractor, being apartnership firm, admit as one of its partners of employ under it or being an incorporated company elect ornominate or allow to act as one of its directors or employ under it in any capacity whatsoever any retiredEngineer of the Gazetted Officer working before his retirement whether in the executive or administrativecapacity or whether holding pensionable post or not in the Engineering department of any of the Railways for thetime being owned and administered by the President of India before the expiry of two years from the date ofretirement from the said servile of such Engineer or officer unless such Engineer or Officer has obtainedpermission from the President of India or any officer duly authorized by him in this behalf to become a partner ora director or to take employment under the contractor, as the case may be ,orB. Fail to give at the time of submitting the said tendera)the correct information as to the date of retirement of such retired Engineer or retired officer from the saidservice or as to whether any such retired Engineer of retired officer was under employment of the Contractor atthe time of submitting the said tender, orb) the correct information as to such Engineers or officers obtaining permission to take employment under theContractor, orc) being a partnership firm, the correct information as to whether any of its directors was such a retired Engineer ora Gazetted Officer ord) being in incorporated company correct information as to whether any of its partners was such a retired Engineeror a retired officer, ore) being such a retired Engineer or retired officer suppress and not disclose at the time of submitting the said tenderthe fact of his being such a retired Engineer or a retired officer or makes at the time of submitting the said tender,a wrong statement in relation to his obtaining permission to take the contract of if the Contractor be a partnershipor an incorporated company to be a partner or director of such firm or company as the case may be or to seekemployment under the Contractor, then and in any of the said cases the Engineer on behalf of the contractorf) Railway, may serve the Contractor with a notice in writing to that effect and if the Contractor does not withinseven days after the delivery to him of such notice proceed to make good his default in so far as the same iscapable of being made good and carry on the work or comply with such directions as aforesaid to the entiresatisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice in writing under the handof the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice) as adopteither or both of the following courses.2) RIGHT OF THE RAILWAY AFTER RECESION OF CONTRACT OWING TO DEFAULT OFCONTRACTIn the event of any or several of the courses referred to in sub-clause (1) of this clause, being adopted,a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his havingpurchased or procured any materials or entered into any commitments or made any advances on account of orwith a view to the execution of the works or to the performance of the contract and the Contractor shall not beentitled to recover or be paid any sum for any work thereto for actually performed under the contract unless anduntil the Engineer shall have certified the performance of such work and the value payable in respect thereof andthe Contractor shall only be entitled to be paid, the value so certified.b) Engineer or the Engineer’s representative shall be entitled to take the possession of any materials, tools,implements, machinery and buildings, on the works or on the property on which these are being or ought to havebeen executed and to retain and employ the same in the further execution of the works or any part thereof untilthe completion of the works without the Contractor being entitled to any compensation for the use andemployment thereof or for wear and tear or destruction thereof.c) The Engineer, shall, as soon as may be practicable after removal of the Contractor, fix and determine ex-parte orby or after reference to the parties or after such investigation or enquiries as he may consider fit to make orinstitute and shall certify that amount (if any) had at the time of rescission of the contract been reasonably earnedby or would reasonability accrue to the Contractor and what was the value of any unused or partially usedSignature of the Tenderer with seal & date Page 24
Page 25 of 35materials, any constrainable plant and any temporary works upon the site. The legitimate amount due to thecontractor after making necessary deductions and certified by the engineer should be released expeditiously.3.52 Execution of Contract Documents.i) The Tenderer whose tender is accepted shall be required to appear at the office of the General manager,Chief Electrical Engineer, Deputy Chief Electrical Engineer or Senior Electrical Engineer, as the case maybe in person or if firm or corporation, a duly authorized representative shall so appear, and to execute thecontract documents within seven days after notice that the contract has been awarded to him. Failure to doso shall constitute a breach of the agreement effected by the acceptance of the tender in which case the fullvalue of the Earnest Money accompanying the tender shall stand forfeited without prejudice to many otherrights or remedies.ii)iii)The cost of stamping the Agreement shall be borne by the Contractor.In the event of any Tenderer shoes tender is accepted shall refuse to execute the contract documents as here inbefore provided, the Railway may determine that such Tenderer abandoned thereof shall be treated ascancelled and the railway shall be entitled to forfeit the full amount of the Earnest Money had to recover theliquidated damages for such default.3.54 Arbitration matters finally determined by the Railways.All disputes or differences of any kind whatsoever arising out of or in connection with contract, whether duringthe progress or work or after their completion and whether before or after the determination of the contract,shall be referred by the contractor to the Railway and Railway shall within a reasonable time after theirpresentation can notify decisions there on in writing but such maters which are contained in G.C.C.8A.18.22(5)39, 43(2), 45(A) 55, 55(A) 5(57) 57A, 61(1), 61(2)and 62(1) or any matters decision of which is speciallyprovided for by these conditions will be treated as exceptional matters and the decision made by the Railwayauthorities shall be final and binding upon the contractors.3.55 Demand for Arbitration.3.55.1(i) If any or any matter in question, dispute of differences on any account or as to the with holding by theRailway for his entitlement, if the Railway fails to make a decision within 120 days, then in any such casebut except in any of the exceptional cases referred to in clause 63, the contractor may after 120 days ofsubmission of his disputed claim can ask in writing within 180 days to the effect that this dispute may be3.55.1(ii)referred to arbitration.Subjects in Arbitration demand will contain mater in question, dispute of difference and also the amountclaimed. Only specified matter may be referred to Arbitration not the others.3.55.1(ii)(A) Arbitration proceeding will be effected from such date by which written and legal demand has beenreceived by the Railways.3.55.1(ii)(B) The claimant will submit his claim with supporting documents and also state the remedy for each claimwithin 30 days from the date of appointment of arbitrator.3.55.1(ii)(C) Until the Tribunal permit the extension of the time the Railway will submit its defence statement andcounter claims within 60 days from the date of receipt of the copy from tribunal.3.55.1(iii)3.55.1(iv)During proceeding no new claims will be added from either of the parties. However, with the permissionof Tribunal modification of supplement call be added.If contractor’s failed to respond in writing after receiving the information with effect thatfinal bill is ready for payment within 90 days then it will be presumed that he/they have waived theirclaim and under this contract the Railway will be free from all liabilities with regard to the claim.3.55.2 Obligation during pendency of Arbitration.During proceeding of arbitration the work under contract, will continue under the order is given fromengineer and no payment will be withheld by the Railway for any dues payable but Arbitration Tribunalwill be right to consider and give decision whether to continue the work during arbitration proceeding ornot.3.55.3(A)(i) In such cases where full amount of claim in question does not exceed Rs. 10,00,000( Rupees Ten lakhsonly) one Arbitrator will be appointed who will be either General Manger or any gazetted officernominated by General Manager, but no less than the rank of Jr. Administrative Grade will be appointedwithin 60 days from the date of receipt of written valid demand for arbitration by the Railways.3.55.3(A)(ii) The cases which are not covered under clause 64(3)A for arbitration there will be a panel threegazetted officer and will be not below the rank of Jr. Administrative Grade jfor this purpose Railway willsend name of three gazetted officers from one or more department to the contractor who suggest any twoname from the panel to be appointed. The General Manager will appoint at least one as contractornominee. Thus appointed out of three arbitrators with consent of presiding arbitrators and rest arbitratorsSignature of the Tenderer with seal & date Page 25
Page 1 and 2: Page 1 of 35Office of the Dy. Chief
Page 3 and 4: Page 3 of 355. Completion period.Th
Page 5 and 6: Page 5 of 35FORM -1Indian Railway,
Page 7 and 8: Page 7 of 35FORM-5TENDERER’S CRED
Page 9 and 10: Page 9 of 351.4 Interpretations:Thi
Page 11 and 12: Page 11 of 35PART - IICONDITION OF
Page 13 and 14: Page 13 of 352.10 Period of validit
Page 15 and 16: Page 15 of 353.10 Settlement of dis
Page 17 and 18: Page 17 of 35For the purpose of thi
Page 19 and 20: Page 19 of 353.34 Claim on account
Page 21 and 22: Page 21 of 353.48(b) Performance Gu
Page 23: Page 23 of 35for in full at the rat
Page 27 and 28: Page 27 of 35PART-IVCONDITIONS OF P
Page 29 and 30: Page 29 of 354.15(ii) The Security
Page 31 and 32: Page 31 of 35CLW/ ChittaranjanEXPLA
Page 33 and 34: Page 33 of 35Sl.No. DESCRIPTION Qty
Page 35: Page 35 of 35Sl.No. DESCRIPTION Qty

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