Government of West Bengal - The Official Website of Purulia District

!Government of West Bengaloffice of the Project officer cum District welfare officerBackward Classes Welfare, PuruliaPurulia.MemoNo. , 3Z/BCWPDate , "7/ar/tS:TE]\TDE,FThIOTICENotice Inviting Tender No. 22 of 2012-2013Sealed Tenders in printed form as specified are invited for the following works from eligible tenderers as peroarticulars in the attached statement,1. a) Name of the workb)Contractors eligibility to submit tenderExtension of Hostel Building attached to ManbazarRadha Madhab Institution under Manbazar *IBlock in Purulia district'As per'Annexure-A'.r)d)e)Estimated value of workEarnest MoneyMinimum fixed deposit required for exemptionfrom the payment of earnest moneY'Printed West Bengal tender form in whichtender is to be submitted.Rs. 22.87,690/-Rs. 45,760/-Such amount is required as per rule in-force'Fixed security deposit certificate is to be requiredfor getting exemption from payment of earnestmoney as per prevailing Govt. Order' Selfattested fixed security deposit certificate to beattached along with tender papers' Otherwiseearnest money @2olo is to be attached with theTender.W.B.F. No.2e1I /297i (i) / 2911 (ii)/2908including up-to-date corrigendum & agenda thereto as per order of the Government to bedownloaded from the website www'puruliazo'in or-w-w-, p-u Lu I i.a-, -n i e,inS) Cost of Tender Paper.h) Last date & time of submission of Tenderi) Time and date of opening of Technical Bid.j) Time and date of opening of Financial Bid.Tender document has to be downloaded fromthe website wy{w=puru.lie.niE.ln orwww.zurulia,gov.in or www. Puruliazp'in ADemand draft in the favour of Project Officercum District Welfare Officer amounting Rs'1000/- (Rupees- One Thousand) only has to beenclosed with tender document as cost of tender'Upto 12,00 noon on 29.01.2013 in the box keptat the office chamber of the Project Officer cumDistrict Welfare Officer, Backward classesWelfare, Purulia'At 12.30 P.M. on 29.01.2013 at the office of theProject Officer cum District Welfare Officer,Purulia.At 3:00 P.M. 29.01.2013 to be opened by theProject Officer cum District Welfare Officer,Purulia at the office of the Project Officer cumDistrict Welfare Officer, Backward ClassesWelfare, Purulia

evidence for purchase of cement, steel and other materials are to be submitted along with the challan andtest certificates from appropriate authority as decided by the Engineer-in- Chargel authority'thFor effective supervision of the work for each Scheme Beneficiary Committee may be formed'L7.No extension of time will be allowed except on special case,1g, Intending Engineers' Cc-Operative Societies' will have to submit a list bearing the name of members/officebearers of the Societv Concern,1q20.No Arbitration for the work will be admissible.Statement regarding any Penal Action taken by any Govt, organisation against a particular work within 3(three) years, if any, duly signed by the applicant,2t. Payment will be made after deduction of Cess @ 1% (one percent) of the total bill amount for the "WestBengal Building & Other Construction Workers Welfare Board" constituted under the Labour Department'sNotification No. 1182-LR dated 20.09.2005,ZZ. During opening of Tender the participants / or their authorised representative must have to bepresent, But ii case of absence of any / alt the opening process would not be hindered and / ordeferred for reasons whatsoever.Enclo: As stated.Project Oict Welfare Officer,Backward Classes Welfare PuruliaMemo No, , 3#ftBcwPDate , a,!/ry llgCopy forwarded for information and wide circulation to the :-1) Sabhadhipati, Purulia Zilla Parishad.2) Joint Secretary to the Govt. of West Bengal, B.C.W. Deptt. 2no floor, Block-I, WritersBuildings, Kolkata-1.3) Commissioner, Backward Classes Welfare, Govt. of West Bengal, 8, Lyons Range. Kolkata-l '4) Addl. District Magistrate (Dev), Purulia.5) District e Engineer, Purulia Zilla Parishad, Purulia.6) Addl Executive Officer, Purulia Zilla Parishad, Purulia with a request to publish on the ZP website.7) D.l.O., NIC to publish it on the district website.8) B.D.O,, Manbazar -l , Dev. Block.9) District Information Officer, Purulia10) HM, Radhamadhab Institution, Manbazar,11) C.A to District Magistrate, Purulia.t2) oFFrcE NOTICE BOARD.Proiect Oict Welfare Officer,ackward Classes Welfare, PuruliaFinal NIf#Radhamadhab hostel ofl2-13Page 3 of 3

&a0r.Aaio.r!tho;+'gFo=.:fo_z0t3oo€T'0)dftoaht \oa.r\oDa o o xF:,N'iu@{-o,(oC'o.s(''l\lo=@8s

W.B.F. No. 2911 For works estimated to cost upto Rs. 10,000/- For Rupees one onlyW.B.F. No. 2911 (i) For works estimated to cost upto Rs. 50,000/- For Rupees three onlyW.B.F. No. 2911 (ii) For works estimated to cost above Rs. 50,000/- For Rupees five onlyName of Contractor………………………………………………………………………………………………..Address…………………………………………………………………………………………………………….Date of application:- …………Date of IssueName of Work: - No… NIT no. 22Of 2012-13………………………………………ITEM RATE TENDER AND CONTRACT FOR WORKSGENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS1. All work proposed for execution by contract will be notified in a form of invitation to tender posted in public places andsigned by the Sub-divisional Officer / Divisional Officer.This form will state the work to be carried out, as well as the date for submitting and opening tenders and the time allowed forcarrying out the work; also the amount of earnest money to be deposited with the tender, and the amount of the security deposit tobe deposited by the successful tenderer and the percentage, if any, to be de¬ ducted from bills. Copies of the specifications, designsand drawings and any other documents required in connec¬ tion with the work, signed for the purpose of identification by the SubdivisionalOfficer / Divisional Officer shall also be open for inspection by the contractor at the office of the Sub-divisional Officer /Divisional Officer during office hours.2. In the event of the tender being submitted by a firm, it must be signed separately by each member thereof, or, in the event of theabsence of any partner, it must be signed on his behalf by a person holding a power-of-attorney authorizing him to do so, suchpower-of-attorney to be produced with the tender and save in the case of a firm carried on by one member of a joint family, itmust disclose that the firm is duly registered under the Indian Partnership Act.3. Receipts for payments made on account of a work, when executed by a firm, must also be signed by the several partners,except where the contractors are described in their tender as a firm in which case the receipts must be signed in the name of thefirm by one of the partners or by some other having authority to give effectual receipts for the firm.4. Any person who submits a tender shall fill up the usual printed form, stating at what rate he is willing to undertake thework. Tenders which propose any alteration in the work specified in the said form of invitation to tender or in the time allowed forcarrying out the work, or which contain any other conditions of any sort, will be liable to rejection. No single tender shall includemore than one work, but contractors who wish to tender for two or more works shall submit a separate tender for each. Tender shallhave the name and number of the work to which they refer written outside the envelope.5. The Divisional Officer/ Sub-divisional Officer or his duly authorized assistant will open tenders in the presence of any intendingcontractors who may be present at the time, and will enter the amounts of the several tenders in a Comparative Statement in a suitableform. In the event of a tender being accepted, a receipt for the earnest money forwarded therewith shall thereupon be given to thecontractor who shall thereupon for the purpose of identification sign copies of the specifications and other documents mentioned inRule 1. In the event of a tender being rejected, the earnest-money forwarded with such unaccepted tender shall be refundedprovided the contractor(s) present himself / themselves before the Executive Engineer to take the refund.6. The accepting authority reserves the right to reject any or all the tenders without assigning any reasons and he will not be boundto accept either the lowest tender or any of the tenders.7. The receipt of an accountant or clerk for any money paid by the contractor will not be considered as any acknowledgmentof payment to be Sub-divisional Officer / Divisional Officer / Superintending Engineer and the contractor shall be responsible forseeing that he procures a receipt signed by the Sub-divisional Officer / Divisional Officer. Or a duly authorized cashier.8. The memorandum of work tendered for, and the schedule of materials to be supplied by the Public Works Department andtheir issue rates, shall be filled in and completed in the office of the Sub-divisional Officer / Divisional Officer before the tenderform is issued. If a form is issued to an intending tendered without having been so filled in and completed, he shall request the office tohave this done before he completes and delivers his tender.

(2)TENDER FOR WORKSI / We hereby tender or the execution for the Governor of the work specified in the underwritten memorandumwithin the time specified in such memorandum at the rates specified therein, and in accordance in all respects with thespecifications, designs, drawing and instructions in writing refered to in rule I hereof and in clause 11 of the annexedconditions and with such mateials as are provided for, by, and in all other respects in accordance with suchcondition so far as applicable.MEMORANDUM(a) if Several subworksare includedtheyshould be detailedin aseparate list.(a) General Description(b) Estimated cost………………………………..(c) Earnest money………………………………(d) Secuity deposit including earnest-money(e) Percentage, if any, to be deducted from bills(f) Time allowed for the work from date ofwitten order to commence.Rs.Rs.Rs.Monthspercent.Item No. ITEM OF UNIT PARRATE TENDERED(In figures and words)Noe - To be continued on additional sheets as ound necessary.

(3)Should this tender be accepted i / We hereby agree to abide by and fulfil all the termsand provisions of the said conditions of contract annexed hereto so far as applicable, or indefault thereof to forfeit and pay to the Governor or his successors in office the sums ofmoney mentioned in the said conditions.The sum of Rs.* is herewith forwarded as earnest-money [ (a) thefull value of which is to be absolutely forfeited to the Governor or his successors in office,without prejudice to any other rights or remedies of the said Governor or his successors inoffice should I / We fail to commence the work specified in the above memorandum, orshould I / We not deposit the full amount of security deposit specified in the above memo¬randum in accordance with clause I (A) of the said conditions of contract, otherwise thesaid sum of Rs.shall be retained by the Government as on accountof such security deposit as aforesaid; or (b) the full value of which shall be retained byGovernment on account of the security deposit specified in clause I (B) of the saidconditions of contract]Dated the day of 200WitnessAddressOccupationThe above tender is hereby accepted by me for and on behalf of the Governor of thestate of West Bengal.Dated the day of 200"Give particulars andnumbers.Strike out (a) if noCash Securitydeposit to be taken.Strike out (b) if anycash security depositis taken.Signature of thecontractor beforesubmission of tender."Signature of witnessto the contractor'ssignature.•Signature of theofficer by whomaccepted.CONDITIONS OF CONTRACTSecurity DepositClause I - The person / persons whose tender may be accepted (herein after called thecontractor) shall (A) [within one day for a contract of Rs. 1,000 or less two days for one ofRS. 2,000 or less and so on up to a limit often days of the receipt by him of the notificationof the acceptances of his tender) deposit with the Sub-divisional Officer / Divisional Officerin cash or Government securities endorsed to the Sub-divisional Officer/ Divisional Officer(if deposited for more than 12 months) a sum sufficient with the amount of the earnestmoney deposited by him with his tender to make up the full security deposit specified in thetender]; or (B) [permit Government at the time of making any payment to him for work doneunder the, contract to deduct such sum as will with the earnest-money deposited by himamount to 10 (ten) percent of all moneys to payable such deductions to be held by Govern¬ment by way of security deposit] Provided always that in the event of the contractor depos¬iting a lump sum by way of security deposit as contemplated at (A) above, then and in suchcase, if the sum so deposited shall not amount to ten percent of the total estimated cost ofthe work it shall be lawful for Government at the time making any payment to the contractorfor work done under the contract to make up the full percentage of ten percent by deductinga sufficient sum from every such payment as last aforesaid. All compensation or othersums of money payable by the contractor to Government under the terms of his contractmay, be deducted from, or paid by the sale of a sufficient part of his security deposit, orfrom the interest arising therefrom any sums which may be due or may become due to thecontractor by Government on any account whatsoever and in the event of his securitydeposit being reduced by reason of any such deduction or sale as aforesaid, the contractorshall within ten days thereafter make good in cash or Government securities endorsed asaforesaid any sum or sums which may have been deducted from, or raised by sale of hissecurity deposit or any part thereof.Clause 2 - The time allowed for carrying the work as entered in the tender shall be strictlyobserved by the contractor and shall-be reckoned from the date on which the order tocommence work is given to the contractor. The work 'shall throughout the stipulatedperiod of the contract be proceeded with all due diligence (time being deemed to be of theessence of the contract on the part of the contractor) and the contractor shall pay as com¬pensation an amount equal to one percent; or such smaller amount as the SuperintendingEngineer (whose decision in writing shall be final) may decide, on the amount of the ten¬dered amont of the whole work as shown in the tender for every day that the work remainuncommenced, or unfinished after the proper dates. The contractor shall commence ex¬ecution of such pat of the work as may be notified to him withindays from thedate of the order for commencement for work and diligently continue such work and futher,Compensationdelayfor

(4)to ensure good progress during the execution of the work, he shall be bound in all cases inwhich the time allowed for any work exceeds one month, to complete one fouth of thewhole of the work before one-fouth of the whole time allowed under the contract haselapsed; one half of the work, before one haif of such time has elapsed. In the event of thecontractor failing to comply with any of the conditions herein, he shall be liable to pay ascompensation an amount equal to one percent, or such samller amount as the Superin¬tending Engineer (whose decision in writing shall be final) may decide on the said tenderedcost of the whole work for every day that the due quantity of work remains incomplete;provided always that the entire amount of compensation to be paid under provisions of thisclause shall not exceed ten percent on the tendered amount of the work as shown in thetender.Action when whole ofsecurity deposit isforfeited.Clause 3 - In any cioc in which under any clause of this contract the contractor shall haverendered himself liable to pay compensation amounting to the whole of the security deposit(whether paid in one sum or deducted by instalments) the Divisional Officer, on behalf ofthe Governor shall have power to adopt any of the following courses as he may deem bestsuited to the interests of Government.(a) To rescind the contract (of which rescission notice-in writing to the contractorunder the hand of the divisional officer shall be conclusive evidence), and inwhich case the security deposit of the contractor shall stand forfeited, and beabsolutely at the disposal of Govt.(b) To employ labour paid by the Public Work Depatment and to supply materialsto carry out of the work, or any pat of the work debiting the contractor with thecost of the labour and the price of the materials (of the amount of which costand price a cetificate of the Divisional Officer shall be final and conclusiveagainst the contractor) and crediting him with thevalue of the workdone, in all respects in the same manner and at the same rates as if it hadbeen carried out by the contractor under the terms of his contract; the cetifi¬cate of the Divisional Officer as to value of the work done shall be final andconclusive against the contractor.(c) To measure up the work of the contractor, and to take such pat thereof asshall be unexecuted out of his hands, and to give it to another contractor, tocomplete in which case any expense which may be incurred in excess of thesum which would have been paid to the original contractor, if the whole workhave been executed by hm (of the amount of which excess the cetificatein writing of the Divisional Officer shall be final and conclusive) shall be bornand paid by the original contractor and may be deducted from any money dueto him by Government under the contract or otherwise, or from his securitydeposit or the proceeds of sale thereof, or a sufficient pat therof.In the event of any of the above courses being adopted by the Divisional Officer, thecontractor shall have no claim to compensation for any loss sustained by him by reason ofhis having purchased or procured any materials, or entered into any engagements, ofmade any advances on account of, or with a view to the execution of the work or theperformance of the contract. And in case the contract shall be rescinded under the provi¬sion aforesaid the contractor shall not be entitle to recover or be paid any sum for any worktherefore actually performed under this contract unless and untill the Subdivisional Officer/ Divisional Officer will have cetified in writing the performance of such work and the valuepayable in respect thereof, and he shall only be entitled to be paid the value so cetified.Contractors remainsliable to pay compensa¬tion if action not takenunder Clause 3.Power to takepossession of orrequired removal of orsell contractor's plant.Clause 4 - In any case in which any of the powers, conferred upon by the Divisional Officerby clause 3 hereof, shall have become exercisable and the same shall not be exercised.thenon-exercise thereof shall not constitute awaiver of any of the conditions hereof and suchpowers shall not withstanding be exercisable in the event of any future case of defauld bythe contractor for which by any clause or clauses thereof he is declared liable to pay com¬pensation amounting to the whole of his security deposit, and the liability of the contractorfor past and future compensation shall remain unaffected. In thereof the Divisional Officerpuffing in force either of the powers (a) or (c) vested in him under the preceding clause hemay, if he so desire, take possession of all or any tools, plants, materials and stores, in orupon the works, or the site thereof or belonging to the contractor or procured by him andintended to be used for the execution of the work or any pat thereof, paying or allowing for

(5)the same in account at the contract rates, or, in case of these not being applicable, atcurrent market rates to be certified by the Divisional Officer whose cetificate thereof shall befinal otherwise the Divisional Officer may be notice in writting to the contractor or his clerkof the works, foreman or other authorised agent require him to remove such tools, plant,materials or stores from the premises (within a time to be specified in such notice); and in theevent of the contractor failing to comply with any such requisition, the Divisional Officer mayremove them at the contractors expense or sell them by auction or private sale on account ofthe contractor and at his risk in ail respects and the cetificate of the Divi¬ sional Officer asto the expense of any such removal and the amount of the proceeds and expense of any suchsale shall be final and conclusive against the contractor.Clause 5 - If the contractor shall desire and extension of the time for completion of workson the grounds of his having been unavoidably hindered in its execution, the Contractorshall give an immediate repot of such hindrance to the Divisional Officer in writing and ifshall desire an extension of time for completion of the work on the ground thereof he shallapply in writting to the Divisional Officer within 7 days of the date of cessation of suchhindrance on account of which he desires such extension as aforesaid and the DivisionalOfficer shall if in his opinion (which shall be final), reasonable grounds be shown thereof,authorise such extension of time, if any, as may, in his opinion, be necessary or proper.Extension oftimeClause 6 - On completion of the work, the contractor shall be furnished with a cetificateby the Subdivisional Officer / Divisional Officer (hereinafter called the Engineer-in-chargesuch completion, but no such cetificate shall be given, nor shall the work be considers tobe complete until the contractor shall have removed from the premises on which the workshall be executed of all scaffolding, surplus materials and rubbish and cleaned off the dirtyfrom all wood-work, doors, windows, walls, floors or other pats of any building in uponabout which the work is to be executed, or of which he may have/had possession forpurpose of the execution thereof nor until the work shall have been measured by the Engineer-in-Chargewhose measurements shall be binding and conclusive against the con¬tract. If the contractor shall fail to comply with the requirements of this clause as to removeof scaffolding, surplus materials and rubbish and cleaning off dit on or before the datefixed for the completion of the work, the Engineer-in-Charge may at the expense of thecontractor remove such scaffolding, suplus materials and rubbish, and dispose of the sameas he thinks fit and clean off such dit as aforesaid; and the contractor shall fothwith paythe amount of all expense so incurred, and shall have no claim in respect of any suchscaffolding or surplus materials as aforesaid except for any sum actually realised by thesale the thereof.Final CertificateClause 7 - No payments shall be made for works estimated to cost less than rupees onethousand, till after the whole of the works shall have been completed and a cetificatecompletion given. But in the case of works estimated to cost more than rupees one thou¬sand the contractor shall on submitting the bill thereof be entitled to receive a monthly paypropotionate to the pat thereof then approved and passed by the Engineer-in-Chargewhose cetificate of against the contractor. But all such intermediate payments shall beregarded as payments by way of advance against the final payment cnly and not as pay forwork actually done and completed and shall not preclude the requiring of bad, unsound,and imperfect or unskilful work to be removed and taken away and reconstructed, or erectedor be considered as an admission of the due performance of the contract, or pat thereof, inany respect; or the accruing of any claim, nor shall it conclude, determine or affect in anyway the powers of the Engineer-in-Charge under these conditions or any them as to thefinal settlement and adjustment of the accounts or otherwise or in any of other way vary oraffect the contract. The final bill shall be submitted by the contractor within one month of thedate fixed for completion of the work, otherwise the Engineer-in-Charge's cetificate of themeasurement and of the total amount payable for the work accordingly shall be final andbinding on all paties.Clause 8 - A bill shall be submitted by the contractor each month on or before the datefixed by the Engineer-in-Charge for ail work executed in the previous month, and the Engi¬neer-in-Charge shall take or cause to be taken the requisite measurement for the purposeof having the same verified, and the claim as far as admissible adjusted, if possible, beforeexpiry of ten days from the presentation of the bill. If the contractor does not submit the billwithin the time fixed as aforesaid the Engineer-in-Charge may depute subordinate toPayment on intermedi¬ate certificates to be re¬garded as advances.Bills to be Submittedmonthly

(6)measure up the said work in the presence of the contractor, whose contersignature to themeasurement list will be sufficient warrant; and the Engineer-in-Charge may prepare a billfrom such list which shall be binding on the contractor in all respects.Bills to be on printedforms.Paymentscontractors's bilbanksoftoStores supplied byGovenmentClause 9 - The contractor shall submit all bills on the printed forms to be had on applicationat the office of the Engnieer-in-Charge, and the charges in the bills shall always be entered atthe rates specified in the tender or in the case of any extra work ordered in pursuance ofthese conditions, and not mentioned or provided for in the tender at the rates hereinafterprovided for such work.Clause 9A-(1)Payments due to the contractor may, if so desired by him, be madeto his Bank instead of direct to him, provided that the contractorfurnished to the Engineer-in-Chargei) an authorisation in the form of a legally valid document, e.g.,irrevocable power-of-attorney conferring authority on the Bank toreceive payment;andii) his own acceptance of the correctness of the account made outas being due to him by Government or his signature on the bill orother claim preferred against Government before settlement bythe Engineer-in-Charge of the account or claim by payment to theBank.While the receipt given by such Bank shall constitute a full and sufficient discharge forthe payment, the contractor should wherever possible, present his bills duly receipted anddischarged through his Bankers.(2) In the case of bills, which the contractor presents for payment direct andwhich are not endorsed in favour of the Bank while effots will be made tosecure payment to the financing Bank, payments made to the contractorshould be accepted as full acquitance, so far as Government is concerned apat of the arrangement, the financing Bank should give government aletter to this effect.Note 1 - The procedure will not affect the usual rights of Government to deductfrom contractor's bill (whether endorsed in favour of a Bank or not) anysum due to Government on account of penalties over payments, etc.onthis or any other contract with the Government of West Bengal.Note 2 - Nothing herein contained shall operate to create in favour of the Bankany rights or equities vis-a-vis Governor.Clause 10 - If the specification or estimate of the work provides for the use of anyspecial ascription of materials to be supplied from the Engineer-in-Charge's store or if it isrequired that the contractor shall use cetain stores to be provided by the Engineer-in-Charge (such materials and stores, and the prices to be charged therefore as hereinaftermentioned being as far as practicable for the convenience of the contractor, but not so as inany way to control the meaning or effect of this contract specified in the schedule or memo¬randum hereto annexed), the contractor shall be supplied with such materials and storesas required from me to time to. be used by him for purpose of the contract only, and thevalue of the full quantity of materials and stores so supplied at the rates specified in the saidscheduled or memorandum may be set off or deducted from any sums then due; or there¬after to become due to the contractor under the contract, or otherwise, or against or fromthe security deposit, or the proceeds of sale thereof; if the same is held in Governmentsecurities, the same or a sufficient potion thereof being in this case sold for the purpose.All materials supplied to the contractor shall remain the absolute property of Government,and shall not on any account be moved from the site of the work, and shall at all times beopen to inspection by the Engineer-in-Charge. Any such materials unused and in perfectlygood condition at the time of the comletion or determination of the contract shall be re¬turned to the Engineer-in-Charge's store, by a notice in writing under his hand he shall sorequire; but the contractor shall not be titled to return any such materials unless with suchconsent and shall have no claim for compensation on account of any such materials sosupplied to him as aforesaid being unused him or for any wastage in or damage to anywastage in or damage to any such materials.

(7)Clause 11 - The contractor shall execute the whole and every pat of the work in the mostsubstantial and workmanlike manner, and both as regards materials and otherwise in ev¬ery respect in strict accordance with the specifications. The contractor shall also confirmexactly, fully and faithfully to the designs, drawing, and instruction in writing relating to thework signed by the Engineer-in-Charge and lodged in his office, and to which the contractorshall be entitled to have access at such office or on the site of the work for the purpose ofinspection during office hours, and the contractor shall, if he so requires, be entitled at hisown expenses to make or cause to be made copies of the specifications, and of all suchdesigns, drawings and instructions as aforesaid.Clause 12 - The Engineer-in-Charge shall have power to make any alternation?* in omitionsfrom, additions to or substitutions for, the original specifications, drawings, designs andinstructions, that may appear to him to be necessary or advisable during the progress ofthe work and the contractor shall be bouno to carry out the work in accordance with anyinstructions which may be given to him in writing signed by the Engineer-in-Charge andsuch alterations, ommissions, additions or substitutions, shall not invalidate the contractbut shall be deemed to have formed as work included in the original tender and any altered,additional or substituted work which the contractor may be directed to do in the mannerabove specified as pat of the work shall be carried out by the contractor on the sameconditions in all respect on which he agreed to do the main work and at the same rates, ifany, may be specified the tender for the main work. The time for the completion of the workshall be extended in the propotion that the alterated, additional or substitued work bearsthe original contract work and the cetificate of the Engineer-in-Charge shall be •. jnclusiveas to such propotion. And if altered, additional or substituted worK includes any class ofwork, for which no rate is specified in this contract, then such cias'i of work shall be carriedout at the rates entered in the Schedule of rates of the district, which was inforce at the timeof the acceptance of the contract minus / plus the persentag. which the total tenderedamount bears to the estimated cost of the entire work put to tender, and if the alteredadditional or substituted work is net entered in the said schedule of rates payment thereshall be made by the Engineer-in-Charge by determining the rates on analysis worked outfrom (a) the basic rates of materials and labour provided in the current schedule of rates or(b) the current market rates of materials and labour when even basic rates for the work arenot available in the schedule. !n cases when such ates are determined on analysis by theEngineer-in-Charge und^ (a) above; the stipulated percentage above or below scheduleof rates as provided in the contract shall also aply and in case of rates worked out onanalysis under (b) above payment shall be made at the rates so determined without appli¬cation of the said stipulated percentage. In the event of any dispue regarding ates deter¬mined on analysis for any altered, additional or substituted work under this clause, thedecision of Superintending Engineer of the Circle shall be final and binding.Clause 12A - In the case of any altered, additional or substituted work, which the contrac¬tor is required, under the proceding clause 12, to do at the rates specified in the tender forthe main work or on the basis of the rates in the schedule of raes of the district and whichinvolves the employment of additional materials (notwithstanding anything to the contraryin the preceding clause) the contractor may, within seven days from the receipt of the orderclaim revision of the rates in respect of such additional maerials and the Engineer-inchargemay revise such rates having regard to the increase in the market price of suchmaterials. In the event of a dispute the decision of the Superintending Engineer of theCircle shall be final and binding and this contract shall be construed as if the said revisedates for the said additional materials had been incorporated in this contract as being appli¬cable to such work.Clause 13 - If at any time after the commencement of the work the Governor shall for anyreason whatsoever not require the whole thereof as specified in the tender to be cariedout, the Engineer-in-Charge shall give notice in writing of the fact to the contractor whoshall have no claim to any payment or compensation whatsoever on account of any profit oradvantage which he might have derived from the execution of the work in full, but which hedid not derive in consequence of the full amount of the work not having been carried outneither shall he have any claim for compensation by reasons having been made in theoriginal specifications, drawings, designs and instructions, which shall involve any cutail¬ment of the work as originally contemplated.Works to be excutedin accordance withspecificationsdrawings, orders, etc.AlterationsspecificationdesignsinandDo not invalidatecontractsExtension of time inconsequence ofalternation.Rates for works not inestimated scheduleNo compensation foralteration in, or restric¬tion of work tobe carried out.

(8)Action and compensa¬tion payable in case ofbad work.Works to be open toinspection.Contractor or respon¬sible agent to bepresent.Notice to be givenbefore work iscovered upContractor liable fordamage done and forimperfections for 3months after certificate.Clause 14 - If it shall appear to the Engineer-in-Charge or his subordinate in chargeof thework, that any work has been executed with unsound, imperfect or unskilful workmanshipor with materials of any inferior description,or that any materials or aticles provided by himfor the execution of the work are unsound; or of a quality inferior to that contracted fromotherwise not in accordance with the contract, the contractor shall on demand in writingfrom the Engineer-in-Charge specifying the work, materials or aticles complained of not¬withstanding that the same have been inadvetintly passed, certified and paid for, fothwithrectify, or remove and re-construct the work so specified in whole or in pat, as the casemay require, or as tha case may be, remove the materials or aticles at his own propercharge and cost; and the event of his failing to do so within a period to be specified by theEngineer-in-Charge in his demand aforesaid, them the contractor shall be liable to paycompensation at the rate of one percent, on the amount of the estimate for everyday notexceeding ten days, while his failure to do so shall continue and in the case of any suchfailure the Engineer-in-Charge may rectify or remove, and re-execute the work or removedand replace with others, the materials or aticles complained of.as the case may be at therisk and expense in all respects of the contractor.Clause 15 - All work under or in course of execution or executed in pursuance of thecontract shall at all times be open to the inspection and supervision of the Engineer-in-Charge and his subordinates -snd the contractor shall at all times during the usual workinghours, and at all other times at which reasonable notice of the intention of the Engineer-in-Charge or his subordinate to visit the works shall have been given to the contractor, eitherhimself be present to receive orders and instructions, or have a responsible agent dulyaccredited in writing, present for that purpose. Orders given to the contractor's agent shallbe considered to have the same force as if they had been to the contract or himself.Clause 16 - The contractor shall give not less than five days' notice in writing to the Engi¬neer-in-Charge or his subordinate in charge of the work before covering up or otherwiseplacing beyond, the reac1-. of measurement any work in order that the same may be mea¬sured, and correct dimensions thereof be taken before the same is so covered up or placedbeyond the reach of measurement and shall not cover up or place beyond the reach ofmeasurement any work without the consent in writing of the Engineer-in-Charge or hissubordinate in charge of the work; and if any work shall be covered up or placed beyond thereach or measurement without such notice having been given or consent obtained, thesame shall be uncovered at the contractor's expense, or in default thereof no payment orallowance shall be made for such work or the materials with which the same was executed.Clause 17 - If the contractor or his workmen or servants shall break, deface, injure ordestroy any pat of a building, in which they may be working or any building road, roadcurbs, fence, enclosure, water pipes, cables, drains, electric or elephone posts or wires,trees, grass ro grassland or cultivated ground contiguous to the premises on which thework or any pat of its is being executed or if any damage shall happen to the work while inprogress from and any cause whatever or any imperfections become apparent in it withinthree months (six months in the case of a road work) after a cetificate a final or otherwiseof its completion shall have been given by the Engineer-in-Charge as aforesaid, the con¬tractor shall make the same good at his expense, or in default, the Engineer-in-Chargemay cause the same to be made good by otherworkmen and deduct the expense (of whichthe cetificate of the Engineer-in-Charge shall be final) from any sums that may be then, or atany time thereafter may become due to contractor or from his security deposit, of theproceeds of sale thereof, or of a sufficient potion thereof.The security deposit of the contractor made in the manner provided in Clause 1, hereofshall be refundable on the expiry of 3 months (6 months in the case of a road work) after theissue of the cetificate final or otherwise of the completion of the work subject to the condi¬tion that no such refund of security deposit shall be allowed till the final bill has been pre¬pared and passed. Provided however that in the case of road work if in the opinion of theEngineer-in-Charge half of the security deposit is sufficient to meet all the liabilities of thecontractor under this contact, half of the security deposit will be refundable after threemonths of the issue of the said cetificae of completion. Provided futher that in the case ofany work (whether road, Building, Bridge, Electric, Sanitary & Plumbing etc.) where theEngineer-in-Charge is satisfied that the contractor after completion of the major potion ofthe contract is unable to execute remaining pat of the work for reasons beyond his control,the Engineer-in-Charge in his discretion may make a propotionate refund of security de¬posit to the contractor his own direction.

(9)The contractor shall be responsible for rectifying defects in asphaltic work noticed within ayear from the date of completion of the work and the potion of the security deposit relating toasphaitic work shall be refunded after the expiry of this period.Clause 18 - The contractor shall supply at his own cost materials (except suchspecialmaterials, if any, as may in accordance with the contract be supplied from the Engineer-in-Charge's stores), plants, tools, appliances, implements, ladders, cordage, tackle, scaffold¬ing and temporary works requisie, or proper for the proper execution of the work,whetheroriginal, altered or substituted & whether included in the specification or otherdocumentsforming pat of the contract or referred to in these condition or not or which may be neces¬sary for the purpose of satisfying or complying with the requirements of the Engineer-in-Charge as to any matter as to which under these conditions he is entitled to be satisfied,orwhich he is entitled to require together with carriage therefor to and from the work.Thecontractor shall also supply without charge the requisite number of persons with themeansand materials necessary for the purpose of setting out works, and counting, weighingandassisting in the measurement or examination at an time and from time to time of the workor materials. Failing his so doing the same may be provided by the Engineer-in-Chargeatthe expense of the contractor and the expenses may be deducted from any money due tothe contractor under the contract, or from his security deposit or the proceeds ofsalethereof, or of a sufficient potion thereof. The contractor shall also provide allnecessaryfencing and lights required to protect the public from accident, and shall be bound tobearthe expenses of defence of every suit, action or other proceeding at law that may bebroughtby any person for injury sustained owing to neglect of the above precautions and to payanydamages and costs which may be awarded in any such suit, action or proceedings toandsuch person or which may with the consent of the contractor be paid to compromiseanyclaim by any such person.Clause 18A - The contractor shall be responsible for and shall take proper care an cautionin respect of all rollers, machinery, tools and implements as may be made over bytheGovernment to the contractor for use in the execution of the work under this contractandshall be liable for any loss of and damages caused to the said rollers, machinery tools,andimplements by any reason whatsoever during the period the same are in the possessionofthe contractor and shall on demand pay to the Government such amount as may befixedby the Government for such loss and damages the decision of the Government inthatrespect being final. Should be contractor fail or neglect to pay such amount on demand, theGovernment shall have the right and be entitled, in addition to the other rights andremediesavailable to it, to deduct such amount from the amount of security deposited by thecon¬tracts and / or any amount remaining payable to the contractor under this contract foranywork done by the contractor.Clause 18B - in every case in which by vitue of the provisions of Section 12 sub section(1)of the Workman's Compensation Act. 1923 Government is obliged to pay compensationtothe workman employed by the contractor, in execution of the work Government willrecoverfrom the contractor the amount of the compensation so paid, and without prejudice totherights of Government under Section 12, Sub-Section (2) of the said Act, Government shallbe atlibety torecoversuchamountor anypatthereofbydeductingit fromthesecuritydepositor fromany sumdue bytheGovernment to thecontractor whetherunderthiscontractorotherwise.Governmentshall notbe boundto contestany claimmadeagainst itunderSection12 Subsection(1) of thesaid Act.except onthewrittenrequestof thecontractor andupon hisgiving toGovernment fullsecurityfor allcost forwhichGovernment mightbecomeliable inconsequence ofcontesting suchclaim.Clause19 - Nofemale

labour shall be employed within the limits of a cantonment.Clause 19A - No labourer below the age of twelve years shall be employed on thework.Contractorssupplyplant,scaffold¬ing, etc.toladdersClause 19B -(a) The contractor shall pay to labour employed by him either direct orthrough sub-contractors wages not less than fair wages defined in theC.P.W.D. Contractor's Labour Regulations in so far as suchRegula¬ tions have application within the Stae of West Bengal oras per the provisions of the contract Labour (Regulation andAbolition) Act, 1970 and the Contract Labour (Regulation andAbolition) Central Rules, 1971, wherever applicable.(b) The Contractor shall notwithstanding the provisions of any contract tothecontrary cause to be paid fair wages to labour indirectly engaged on the work,And is liablefordamages arisingfromnon-provision oflight,fencing, etc.Labour

(10)including any engaged by his Sub-contractors in connection with the said work, asif the labour had be immediately employed by him.(c) In respect of all labour directly or indirectly employed in the workfor performance of the contractor's pat of his agreement, the contractor shallcomply with or cause to be complied with the Central Public Works Depat¬ment Contractors' Labour Regulations as mentioned in Sub para (a) abovemade from time to time regard to payment of wages, wage period deductionsfrom wages recovery of wages not paid and deductions unauthorisedly mademaintenance of wages books or wage slips, publication of scale of wages andother terms of employment, inspection and submission of periodical retunsand all other matters of the like nature or as per the provisions of the ContractLabour (Regulation & Abolition) Act, 1970 and the Contract Labour (Regula¬tion & Abolition) Rules, 1971 wherever applicable.(d) The Divisional Officer / Sub-Divisional Officer concerned shall havethe right to deduct from the moneys due to the contractor any sum required orestimate to be required for making good the loss suffered by a worker or work¬ ersby reasons of non-fulfillment of the conditions of the contract for benefit of theworkers, nonpayment of wages or of deductions made from his or their wageswhich are not justified by their terms of contract or non-observance of theRegulations as mentioned above.(e) The contractor shall comply with the provisions of payment of Wages, Act,1936 Minimum Wages Act, 1948, Employees Liability Act, 1938. Industrial Dis¬pute Act, 1947, Maternity Benefits Act, 1961 and the Contract Labour (Regula¬tions & Abolition), Act, 1970 or the modifications thereunder from time to time.(f) The contractor shall indemnify Government against payment tobe made under and for the observance of the laws aforesaid and the CPWDContractors' Labour Regulations having application within the State of WestBengal without prejudice to his right to claim indemnity from his Sub-contrac¬tor.(g) The Regulations aforesaid shall be deemed to be a part of thiscontract any breach thereof shall be deemed to be a breach of this contact.Work on Sundays.Work not to be sublet.Contract may berescinded and securitydeposit forfeited forsubleting bribing or ifcontractor be comesinsolventSum payable by way ofcompensation to beconsidered as reason¬able compensationwithout reference to ac¬tual loss.Changes in consitutionof firm.Works to be executedunder direction of super¬intending EngineerClause 20 - No work shall be done on Sundays without the sanction in writing of the Engi¬neer-in-Charge.Clause 21 - The contract shall not be assigned or sublet without specific orders from Govern¬ment in respect of a specified sub-contractor. And if the contractor shall assign or sublet hiscontract, or attempt so to do, or become insolvent or commence any insolvency proceed¬ings or make any composition with his creditors, or attempt so to do, or if any bide, gratuity,gift loan, perquisite, reward or advantage pecuniary or otherwise shall either directly orindirectly be given promised or offered by the contractor or any of his servants or agents toany public officer or person in the employ of Government in any way relating to his officer oremployment or if any such officer or person shall become in any directly or indirectly inter¬ested in the contract, the Divisional Officer may thereupon by notice in writing rescind thecontract, and the security deposit of the contractor shall thereupon stand forfeited and beabsolutely at the disposal of Govenment and the same consequences shall ensue as if thecontract had been rescinded under clause 3 hereof, and in addition the contractor shall notbe entitled to recover or be paid for any work theretofore actually performed under thecontract.Clause 22 - All sums payable by way of compensation under any of these conditions shallbe sonsidered as reasonable compensation to be applied to the use of Government with¬out reference to the actual loss or damage sustained and whether or not any damage shallhave been sustained.Clause 23 - In the case of a tender by patners any change in the constitution of the firmshall be fothwith notified by the contractor to the Engineer-in-Charge for his information.Clause 24 - All works to be executed under the contract shall be executed under the direc¬tion and subject to the approval in all respects of the Superintending Engineer of the Circlefor the time being who shall be entitled to direct at what point or points and in what mannerthey are to be commenced, and from time to time carried on.

(12)Schedule showing (approximately) materials to be supplied by the Public works Depatment under Clause10 and 26 for work contracted to be executed and the rates at which they are to be charged for.Rates at which the material willbe charged to thePARTICULARS contractor Place of deliveryUnit Rs. PNoteThe person or firm submitting the tender should see that the rates in the above schedule are filled up bythe Engineer-in-Charge on the issue of the form prior to the submission of the tender.Signature of ContractorSignature ofSub-divisional Officer / Divisional Officer

(13)ADDITIONAL CONDITIONS1. Cement found surplus after the completion of a work should be returned to the Sub-divisionalOfficer, the value of the cement returned to the Department will be credited to the contractor. If anycontractor is found to have used the surplus cement for his own purpose or otherwise disposed of itwithout the written consent of the Executive Engineer or the Sub-divisional Officer (if nominated for thepurpose by the Executive Engineer) he may be held guilty of theft. In this connection the provision ofClause 10 may be referred to, where it is clearly stated that all materials issued to the contractors shallremain the property of Government.2. The contractor shall have to make his own arrangements for water, both for the work and use by hiscooly, etc., for steam road rollers and for all tools and plant etc. required on the work.3. Contractors will be responsible for the payments of all water charges payable to the Corporation ofCalcutta or any other waterworks authority including a Government department concerned.4. If the contractor shall desire an extension of the time for completion of the work under Clause 5, of thecontract, no application for such extension will be entertained if it is not received in sufficient time to allowthe Divisional Officer to consider it and the contractor will be responsible for the consequences arisingout of his negligence in this respect.5. The contractor will have to leave ducts in walls and floors to run conduit or cables, where neces¬sary, and he will not be entitled to any extra payment on this account.6. Contractors in the course of their work should understand that all materials (e.g. store and othermaterials) obtained in the work of dismantling, excavation, etc. will be considered Government propertyand will be disposed of to the best advantage of Government.7. Owing to-difficulty in obtaining certain materials in the open market due to war the Governmenthave undertaken to supply materials specified in the schedule on page 12 to the Tender form at ratesstated therein. There may be delay in obtaining the materials by the Department and the contractor istherefore, required to keep himself in touch with the day to day position regarding the supply of materi¬ alsfrom the Engineer-in-Charge and to so adjust the progress of the work that his labour may not remainidle nor may there be any other claim due to or arising from delay in obtaining the materials. It should beclearly understood that no claim whatsoever shall be entertained by the Government on account ofdelay in supplying materials.8. The minimum period for which a road roller is required to be used by a contractor shall be deter¬mined by the Executive Engineer on the basis of the quantity of metal that can be consolidated by aroller per day and the Executive Engineer's decision shall be final. If the roller be required to work for alonger period due to bad arrangement of the contractor, shortage of water etc., additional hire chargesshall be levied at the rates specified below under "A, Hire Charges" for the additional period the rollerworks.9. No compensation for any damage done by rain or traffic during the execution of the work will bemade.10. Whenever a work is carried out in a municipal area, electric lights or electric danger signals wher¬ever available shall be provided by the contractors on the barriers as well as paraffin lights. Facilities forthe electric connection will be made by this Department but the contractor will bear all the expenses.11. The contractor should quote through rate inclusive of cost of materials and carriage to place ofworking.12. The contractors should give complete specifications showing the method of execution and thequantity and quality of materials they intend to use per hundred sq. metre area.

(14)13. In cases where water is used by the contractor he will be required to deposit in advance with theExecutive Engineer the charges for water which are to be calculated in accordance with the schedule ofmiscellaneous rates in the Canal Act.14. It must be clearly understood by the contractor that no claim on account of enhanced rates on thosealready accepted due to war fluctuations will be entertained during the currency of this contract for thework as per schedule attached to the agreement and the additional work, if any, under Clause 12 of thecontract, if such additional work shall consist of items which have already been quoted for or, items notquoted for appearing in District Schedule.15. In the event of emergency the contractor will be required to pay his labour everyday and if this is notdone. Government shall make the requisite payment as would have been paid by the contractor andrecover the cost from the contractors.INCONVENIENCE OF THE PUBLIC16. The contractors(s) shall not deposit material on any site which will seriously inconvenience thepublic. The Engineer-in-Charge may require the contractor(s) to remove any materials, which are con¬sidered by him, to be a danger or inconvenience to the public or cause them to be removed at thecontractors' cost.17. The contractor undertakes to have the site clean, free from rubbish to the satisfaction of the Engi¬neer-in-Charge. All surplus materials, rubbish etc., will be removed to the places fixed by the Engineerin-Charge and nothing extra will be paid.18. The contractor shall not allow any rubbish or debris to remain on the premises during or afterrepairs, but shall remove the same and keep the place neat and tidy during the progress of the work.The Engineer-in-Charge may get the site or pemises cleared of debris etc. and recover the cost fromthebill of the contractor, if the latter shows slackness in observing this clause.19. Materials brought at site shall not be stacked at random. The contractor shall stack all thesematerials as directed by the Engineer-in-Charge.20. ADDITIONAL CONDITIONS OF CONTRACT FOR DEPARTMENTAL MATERIAL(a) The value of materials supplied by the Department for use on the work shown in the Schedule onpage 11 of the contract form (West Bengal Form No. 2911) in respect of items of work for which thecontractors rates are inclusive of the cost of such materials will be debited to him in his account at therates specified in the Schedule.(b) Regarding materials in respect of items of work for which the contractors rates are not inclusive ofthe cost of such materials, the contractor shall only act as custodian on behalf of the Government and thevalue of such materials will not be charged to him except under sub-clause (a) and (g) hereof.(c) When the contract provides for use of cetain specified materials to be supplied by the Depart¬ment, the contractor shall not obtain such materials from other sources, unless so authorised in writing bythe Engineer-in-Charge of the works.(d) Materials supplied for a particular work or a pat thereof shall not be used elsewhere except with thewritten permission of the said Engineer-in-Charge.(e) Materials shall be supplied to the contractor in such instalments as may be devided by the saidEngineer-in-Charge.

(15)(f) The contractor shall be held responsible for any misuse, loss or damage of the materials issued orhanded over to him by the Engineer-in-Charge. In default the costs of such materials shall be recov¬ eredfrom the contractor according to the terms of the provisions made in sub-clauses (g) and (h)hereof. #(g) In the following cases, the materials issued or handed over the contractor shall be deemed tohave been misused by him :(a) Materials lost or damaged due to negligence on the part of the contractor and / ordefective storage by him;(b)(c)Materials used in excess of the requirements as shown in Statement III attachedherewith;Materials used without permission of the Engineer-in-Charge in temporary works(e.g., Goffer dams, embankments shoring, etc.) or in the construction of contractor'sgodown, / site office, labour hutments, etc.The value of materials misused as above (in which case in the decision of the Engineer-in-Chargeshall be final) shall be recovered at 50 percent in excess of the highest of the following three rates :(i)(ii)(iii)Issue rate as specified in the contractDepartmental stock rate at the time of recovery of value; andMarket rate at the time of recovery of value.(h) In cases of loss or damage of materials issued or handed over to the contractor other than under thecircumstances mentioned in sub-clause (g) the materials so lost or damaged shall be replaced by theEngineer-in-Charge at the cost of the contractor and the certificate of the Engineer-in-Charge as to thecost of replacement shall be final and binding on the contractor.(i) Where so specified and in any case in respect of cement, sheel and bituminous materials sup¬plied by the Department, a stock register shall be maintained by the contractor and the day to dayreceipts, issues and balance of such materials shall be shown therein. This register shall be produced bythe contractor to the Engineer-in-Charge or his representative whenever requred for verification of stock.(j) Whenever asked for by the Engineer-in-Charge during the progress of work and also with thefinal bill, the contractor shall submit to the former a statement showing -(a) the total quantity of materials received by the contractor from the Deptt,;(b) consumption thereof item by item in the work, and(c) the balance in hand.(k) Whenever by computing the consumption of materials of any description in any item or group ofitems of work requiring use of such materials;(a) It is found that the contractor has used less materials than are required by the specifications and/ or are shown in Statement III attached herewith, the value of the quantity of materials less usedshall be recovered from the contractor at 5 (five) percent in excess of the issue rate of suchmaterials. In such an event the contractor shall not be entitled to claim or to received thematerials, the cost of which has been thus recovered; or(b) It is found that the contractor has used any material in excess of the requirement, the value ofthe material used in excess shall be recovered from the contractor as provided in sub-clause(g) hereof;(c) provided that recovery of materials used less or in excess as indicated in paragraph(a) and (b) of the sub-clauses shall be subject to the decision of the Engineer-in-Charge whomay allow variation according to para I of Statement III.

(16)ADDITIONAL CLAUSES1. In cases where the responsibility of despatch of stores rests with the suppliers but the freight ispayable by the purchaser, the supplier should despatch the stores by the most economical method, using thefull wagon load whenever it is possible and economical to do so failing which the supplier will renderhimself liable for the whole or part of any avoidable expenditure caused by such default. The suppliershould get in touch with the Purchase Officer concerned and in cases of despatch of stores which are theproperty of the Defence department at the time of despatch, the supplier may obtain the advice of the"Movement Control Section", Station Staff Officers or the controller of supplies of the stationsconcerned.2. The contractor will have to make his own arrangements for the carriage of materials.3. For all items of contract works requiring unskilled labour, the contractor shall be bound to employunskilled local labour. The expression "Local" shall mean and deem to mean tht anchal, the Block theThana or the District of the state of West Bengal where the work will be executed. In cases of non¬availability of such unskilled local labour and of other difficulties experienced by the contractor in re¬cruiting such local labour, the contractor may, with the prior permission in writing of the Engineer-inchargeof the work, recurit and employ unskilled labour rom neighbouring areas of that District. In case ofthe work is in the border area of two district and there is dearth of adequate number of local labour romthe district where the work will be executed, labour may be recruited by the contractor from con¬ tiguousareas of the other contiguous district. In case local labour will not be available even from other districts asmentioned and when the exigency or progress or work so demands, the contractor may, with the priorpermission in writing of the said Engineer-in-charge engage labours rom the other districts of the State ofWest Bengal and in case the same be not available, then the contractor may, with the prior permission ofthe said Engineer-in-charge, employ imported labour of other States.In case where the contractor fails to secure unskilled local labour or to engage imported labour, thecontractor shall employ labour locally recruited Government or labour imported by Government at therate to be decided by the Superintending Engineer of the works concerned whose decision as to thecircumstances in which employment of such labour is of mutual advantage to Government and thecontractor will be final and binding on the parties.For all items of contract jobs requiring skilled labour, the contractor shall have on employ 70%(Seventy percent) of skilled labour locally. In case the contractor fails recruit skilled local labour, thecontractor shall employ skilled labour locally secured by Goverment in the manner indicated above, Forbridge works, highly technical works of ramed structural buildings, sanitary and plumbing works, elec¬ tricalworks etc.Involving skilled labour, the contract may with the piror permission writing of the Engineer-in-charge towhom the full facts must be placed for permission, import and employ skilled labour up to 30% (Thirtypercent) of the total requirement. In this case the expression "imported labour" shall mean labour im¬ported primarily rom other states and secondary, from the distant district of the State of West Bengal.