section-b conditions of contract

e- EPC-04

(Global Tender with NPCIL Engineered Systems)

Tender No. CMM/MEQ/20-50-2-1153

SECTION-B

CONDITIONS OF CONTRACT Consists of:

B-1: GENERAL CONDITIONS OF CONTRACT

FOR ENGINEERING, PROCUREMENT AND CONSTRUCTION CONTRACTS

(INDIGENOUS TENDER WITH LUMPSUM PACKAGE) B-2: SPECIAL CONDITIONS OF CONTRACT (SCC)

e- EPC-04


SECTION-B-1

GENERAL CONDITIONS OF CONTRACT Consist of :

GENERAL CONDITIONS OF CONTRACT FOR

ENGINEERING, PROCUREMENT AND CONSTRUCTION CONTRACT-GCC/EPC-4/R3

(Indigenous Tender with Lumpsum Package)

LIST OF ANNEXURES TO FORM NO. GCC/EPC-4/R-3

CONTRACT CONDITIONS FOR INDUSTRIAL SAFETY

AERB SAFETY GUIDE – SAFETY GUIDE FOR WORKS CONTRACT – ATOMIC ENERGY REGULATORY

BOARD

IMPORTANT RULES OF ATOMIC ENERGY (FACTORIES) RULES, 1996 APPLICABLE TO

ENGINEERING, PROUCUREMENT & CONSTRUCTION CONTRACTS

MODEL RULES FOR LABOUR WELFARE

FORM NO. GCC/EPC-4/Rev.3

NUCLEAR POWER CORPORATION OF INDIA LIMITED

(A GOVERNMENT OF INDIA ENTERPRISE)

DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT

GENERAL CONDITIONS OF CONTRACT

FOR ENGINEERING, PROCUREMENT AND CONSTRUCTION

CONTRACTS

(Lump-sum Package) (Indigenous)

APPLICABLE TO THE CONTRACTS PLACED BY


28/12/2016

GCC/EPC-4/R-3

GENERAL CONDITIONS OF CONTRACT

FOR ENGINEERING, PROCUREMENT AND CONSTRUCTION CONTRACTS

PLACED BY


(A GOVERNMENT OF INDIA ENTERPRISE)

Preamble

1.1 The scope of the Contract shall be design, engineering, manufacture, transportation, supply, inspection,

test, erect and commission, as the case may be, of the Stores, plants, materials, components, equipment,

machineries, instruments, appliances and accessories, in accordance with the technical specifications

and drawings of the Contract documents.

1.2 The General Conditions of Contract (GCC/EPC-4/R-3) shall form a part of the Contract.

1.3 In case of any variance between the terms and conditions of the General Conditions of Contract

(GCC/EPC-4/R-3) and the conditions as may be stipulated in the Contract, the latter shall prevail to the

extent applicable.

1.4 All the rights, discretion and powers of the Purchaser under the Contract shall be exercised by the

Purchaser through written communications, which shall be given by the Executive Director, Directorate

of Contracts and Materials Management or other officers authorised by him for and on behalf of the

Purchaser.

NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Engineering, Procurement and Construction Contracts

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I N D E X Contents Page No. 1. General Provisions 6

1.1 Definitions

1.2 Interpretations

1.3 Communications

1.4 Language

1.5 Governing Law

1.6 Jurisdiction

1.7 Priority of Documents

1.8 Contractor‟s Documents

1.9 Purchaser‟s Documents

1.10 Confidentiality

1.11 Consortium / Joint Venture / Partnership

1.12 Country of Origin

1.13 Independent Contracts

2 The Purchaser 13

2.1 Accuracy of Information

2.2 Permit, Licences or Approvals

2.3 Free Issue

2.4 Purchaser‟s Representatives

3 The Contractor 14

3.1 General Obligations

3.2 Permit, Licences or Approvals

3.3 Compliance with law

3.4 Securities

3.5 Contractor‟s Representative

3.6 Sub-contracting

3.7 Subletting or Assignment of Contract

3.8 Quality Assurance

4 Subject Matter of Contract 19

4.1 Scope of facilities

4.2 Time of completion

5 Contract Price and Payment 21

5.1 Contract Price

5.2 Price Basis

5.3 Currency of Payment

5.4 Price Adjustment

5.5 Price Adjustment Formula For Supply Portion

5.6 Price Adjustment Formula For Erection & Commissioning

5.7 Price Adjustment Coefficients

5.8 Price Adjustment Formula For Civil Works

5.9 Terms of Payment

5.10 Payment Schedule

5.11 Mode of Payment

5.12 Application for Payment

5.13 Interest on delayed payment


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5.14 Recovery of Advance Payments in case of breach of contract

5.15 Recovery of Sums Due

5.16 Taxes and Duties

6 Guarantee, Liability and Risk Distribution 36

6.1 Completion Time Guarantee

6.2 Delay in Supply

6.3 Functional Guarantee

6.4 Defect Liability

6.5 Transfer of Ownership

6.6 Care of Facilities

6.7 Intellectual Property Rights (IPR) Indemnification

6.8 Indemnity Against Loss / Damage

6.9 Indemnity for Taxes and Duties

6.10 Limitation of Liability

6.11 Insurance

6.12 Force Majeure

6.13 War risks

6.14 Liability of the Government of India

7 Work Program 49

7.1 Contractor‟s Organisation

7.2 Program of Performance

7.3 Work Procedures

7.4 Progress of Performance

7.5 Progress Report

7.6 Hindrances

8 Designs and Engineering 51

8.1 General Design Obligation

8.2 Codes and Standards

8.3 Review / Approval of Contractor‟s Documents

9 Procurement and Supply 53

9.1 General Provisions

9.2 Bill of Quantity (BOQ)

9.3 Free Issue Materials (FIM)

9.4 Packing and Marking

9.5 Transportation

9.6 Custom Clearance

9.7 Unloading and Storage

9.8 Training

9.9 Manuals

10 The Engineer-in-charge (for Site Work) 59

10.1 Role of Engineer-in-charge

10.2 Delegation by the Engineer-in-charge

11 Land and Site Mobilisation 59

11.1 Land

11.2 Possession of Site

11.3 Site Mobilization by Contractor

11.4 Water Supply


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11.5 Electricity

11.6 Telecommunication Facilities

11.7 Tools, Plants & Equipments for Site Work

11.8 Supply of Erection & Commissioning Consumables by the Contractor

11.9 Supply of Erection and Commissioning Consumables by the Purchaser

12 Contractor’s Staff and Labour for Site Work 66

12.1 Engagement of Staff and Labour

12.2 Rates of Wages and Conditions of Labour

12.3 Persons in the Service of Purchaser and Other Contractors

12.4 Labour Laws

12.5 Working Hours

12.6 Facilities for Staff and Labour

12.7 Removal of Contractor‟s Personnel

12.8 Records of Contractor‟s Personnel

12.9 Foreign Staff and Labour

13 Site Related other Responsibilities 71

13.1 Notice to Local Bodies

13.2 Rights of Way and Facilities

13.3 Access Route

13.4 Avoidance of Interferences

13.5 Fire Fighting

13.6 Security of the Site

13.7 Watch, Ward and Lighting

13.8 Site Drainage

13.9 Treasure, Trove, Fossils, etc.

13.10 Material obtained from Excavation

13.11 Protection of Environment

13.12 Plantation and Protection of Trees

13.13 Nuisance

13.14 Co-operation with Other Contractors

13.15 Health & Safety

13.16 Clearance of Site

14 Setting Out 75

14.1 Setting Out the Work

14.2 Contractor‟s Supervision

15 Measurement and Record for Site Work 76

15.1 Procedure

15.2 Planning and Progress Review

15.3 Record

15.4 Method of Measurement

15.5 Material Accounting

15.6 Definition of Scrap

15.7 Permissible Limits of Wastage/ Scrap

15.8 Material Accounting due to change in Drawings/ Dismantling

15.9 Return of Surplus Material to the Purchaser

16 Quality Assurance, Inspection, Acceptance and Rejections 81

16.1 Quality Assurance Program

16.2 Inspection, Testing and Rejection


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16.3 Remedial Work

17 Completion of Facilities 85

17.1 Completion of Erection and Pre-commissioning of the Facilities

18 Purchaser’s Taking Over 86 18.1 Commissioning

18.2 Guarantee Test

18.3 Operational Acceptance

18.4 Partial Acceptance

19 Change in the Facilities 87

19.1 Right to vary

19.2 Changes Originating from Purchaser

19.3 Changes Originating from Contractor

19.4 Pricing the Change Proposal

20 Time Extension and Suspension 89

20.1 Extension of Time for Completion

20.2 Time over run

21 Suspension, Foreclosure and Termination 90

21.1 Suspension of Work

21.2 Prolonged Suspension

21.3 Resumption of Work

21.4 Foreclosure of Contract

21.5 Cancellation / Termination of Contract in Full or Part

21.6 Termination on Death

22 Settlement of Disputes 97 22.1 Settlement by Mutual Consultation

22.2 Arbitration

22.3 General

23 Abbreviations Used 99

List of Annexures

Annexure-A : Format for “Advance Bank Guarantee”

Annexure-B : Format for “Performance Security Bond”

Annexure-C : Format for “Retention Bank Guarantee”

Annexure-D : Format for “Application for Payment”

Annexure-E : Format for “Indemnity Bond against Free Issue Material”

Annexure-F : Format for “Certificate towards Excise Duty”

Annexure-G : Format for “Certificate towards Sales Tax”

Annexure-H : Format for “Certificate towards Service Tax”

Annexure-I : Format for “Erection Completion Certificate”

Annexure-J : Format for “Operational Acceptance Certificate”

Annexure-K : Format for “Indemnity Bond for removal / disposal of

Surplus Material / Scrap”


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1 GENERAL PROVISIONS

1.1 Definitions

1.1.1 "Acceptance” shall mean and deemed to include one or more of the following as stipulated in the tender:

a) acceptance of the Stores at Purchaser‟s Site after its receipt and due inspection and release of

“Material Receipt Intimation Cum Acceptance Report and Contractor‟s Material Receipt Cum Issue

Voucher” (MRICAR – CMRCIV)

b) Where the scope of Contract includes Supply, Erection & Commissioning, acceptance shall mean

issue of Operational Acceptance Certificate as per Annexure-J by the Purchaser after commissioning

and final acceptance of the facilities at Purchaser‟s Site.

1.1.2 “Bid” shall mean the tender offer and quotation in response to the Tender Enquiry.

1.1.3 “Change Order" shall mean a written amendment to the existing contract or a new contract from the

Purchaser to the Contractor after the Effective Date of the contract requiring a change in any part of the

Facilities that may involve

a) a change in the scope of work,

b) addition / omission of work, and

c) a change in any of the provision / scope of the contract.

1.1.4 “Completion” shall mean that facilities (or specified part thereof as specified in the Contract) has been

manufactured, supplied, delivered, erected, commissioned, tested in all respects as per technical

specifications of the contract and the facilities or specific parts thereof has been taken over by the

Purchaser.

1.1.5 “Contractor’s Material Receipt Cum Issue Voucher (CMRCIV)” shall mean the document to intimate

receipt of material by the Consignee duly accepted by Engineer-in-Charge and issue of accepted material

in full quantity to the Contractor for storage, installation/ erection by the Contractor.

1.1.6 “Consignee” shall mean the authorised representative or officer of the Purchaser at site to whom the

Stores are required to be delivered in the manner indicated in the Contract.

1.1.7 "Contractor” shall mean firm / company / joint venture / consortium with whom or with which the

purchase order for the supply of Stores / Installation of Facilities is placed and shall be deemed to include

the Contractor‟s legal successors and/or assignees (approved by the Purchaser), representatives, heirs,

executors and administrators unless excluded by the Contract.

1.1.8 "Contract" or "Purchase Order" shall mean the communication or document signed for and on behalf

of the Purchaser by an Officer duly authorised confirming the acceptance of Tender or Offer of the

contractor for and on behalf of the Purchaser on the terms and conditions mentioned or referred to in the

said communication and other documents including Tender Document, Terms and Conditions of the

contract and such other documents as may be expressly incorporated in the Contract by reference and all

mutually agreed amendments in writing made to any of them


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1.1.9 “Contractor’s Equipment” shall mean all plants, facilities, equipment, machinery, tools, apparatus,

appliances or other things of any kind required in or for installation, completion, testing and

commissioning of the facilities and for remedying of any defects and deficiencies during defect liability

period, that are to be provided by the contractor, but does not include plant and equipment or other things

intended to form or forming part of the facilities.

1.1.10 “Contractual Delivery Date” shall mean the stipulated date on which the contractor shall attain

„completion‟ of the Facilities, as specified in the purchase order.

1.1.11 “Contractual Mile Stone Date” shall mean the stipulated date on which contractor complete

intermediate mile shall stone of despatch, erection, testing etc. as specified in the Special Conditions of

Contract (SCC) / Purchase Order.

1.1.12 “Contract Price” shall mean the price as specified in “Section A – Item and Price Schedule” of the

Contract subject to such addition and adjustment thereof or deduction there from, as may be made

pursuant to the contract.

1.1.13 “Day” or “Days” shall mean a Gregorian calendar day or days of twenty-four (24) hours each.

1.1.14 “Defect Liability Period” shall mean the period of validity of the warranties given by the contractor

during which the contractor is responsible for defects with respect to the facilities or the relevant part

thereof as provided in GCC clause 6.4 (Defect Liability).

1.1.15 “Effective Date” or "Commencement Date" shall mean the date of issue of Purchase Order on which

the contract shall come into force.

1.1.16 “Engineer-in-charge” shall mean the person appointed by the Purchaser in the manner provided in GCC

clause 2.4 (Purchaser‟s Representative) hereof and named as such in the contract.

1.1.17 "Excepted Risks" are the risks due to war, hostilities or warlike operations (whether a state of war be

declared or not), invasion, act of foreign enemy & civil war, rebellion, revolution, insurrection, mutiny,

usurpation of civil or military government, civil commotion, nuclear reaction, nuclear radiation,

radioactive contamination, or any other occurrences that a contractor could not insure against, insofar as

such risks are not normally insurable on the insurance market and are mentioned in the general exclusions

of the policy of insurance taken out under the contract.

1.1.18 “Facilities” shall mean all Plant, Equipment, Tools, and Works to be supplied, erected, tested and

commissioned, as well as all Installation, testing and pre-commissioning / commissioning Services to be

carried out by the Contractor under the contract.

1.1.19 “Fatality” shall mean occurrence of an accident while carrying out the job, leading to the workman

succumbing to injury at the work spot or during course of his treatment.

1.1.20 “GCC” shall mean this General Conditions of the Contract for Engineering, Procurement and

Construction contract hereof.


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1.1.21 “Guarantee Test(s)” shall mean the tests specified in the Technical Specification to be carried out to

ascertain whether Facilities or a specified part thereof is able to attain Functional Guarantees specified in

the Technical Specifications in accordance with the provisions of GCC clause 18.2.

1.1.22 “Head-IS&F” shall mean Senior safety professional of the Purchaser, who is heading the Safety group at

the Site.

1.1.23 “Height work” shall mean a work performed more than 2.5 metre above ground or above stable floor.

1.1.24 “Hazardous work” shall mean a work that poses physical hazard to workman. AERB guidelines dated

11th January, 2005, indicate hazardous work at the Purchaser‟s Site.

1.1.25 "Latent Defect" shall mean a defect, inherently lying within the material or arising out of design

deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect

Liability period.

1.1.26 “Material Receipt Intimation Cum Acceptance Report (MRICAR)” shall mean the document to

intimate arrival of material at the Stores of the Contractor at Site to the Engineer-in-Charge and the

Consignee.

1.1.27 “Month” shall mean a month according to Gregorian calendar.

1.1.28 “Quality Surveillance Engineer / Inspector” shall mean any person appointed by or on behalf of the

Purchaser to inspect or carry out quality surveillance on supplies, stores or work under the Contract or any

person deputed by the Quality Surveillance Engineer for the said purpose.

1.1.29 "Particulars" shall mean the following:

a) Specification(s);

b) Drawing(s);

c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer;

d) Proprietary make denoting the produce of any individual firm; and

e) Any other details governing the construction, manufacture and/or supply as provided in the Contract.

1.1.30 "Party" shall mean Purchaser or Contractor as named in the Contract individually and “Parties” shall

mean Purchaser and Contractor collectively.

1.1.31 "Performance Test" shall mean all operational checks and tests required to determine the performance

parameters including inter-alia capacity, efficiency and operating characteristics of the Stores or Plant and

Equipments or Facilities as specified in the Contract.

1.1.32 “Plant and Equipment” means permanent plant, equipment, machinery, apparatus, systems, articles and

things of all kinds to be provided and incorporated in the Facilities by the Contractor under the Contract

including the spare parts, tools & tackles to be supplied by the Contractor but does not include

Contractor‟s Equipment.


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1.1.33 “Project Manager” shall mean the person appointed by the Purchaser in the manner provided in GCC

sub-clause 2.4.2 (Purchaser‟s Representatives) hereof and named as such in the Contract.

1.1.34 "Purchaser" shall mean the Nuclear Power Corporation of India Limited, a Government of India

Enterprise acting through Executive Director, Directorate of Contracts & Materials Management.

1.1.35 “Safety Related Deficiency” shall mean an unsafe condition or unsafe act at work location.

1.1.36 “SCC” shall means Special Conditions of the Contract hereof .

1.1.37 “Serious Accident” shall mean an accident resulting in injury to employee(s) while carrying out the job,

making him/her unfit to join the same duty for 21 days or more.

1.1.38 "Shipping Release" shall mean the document issued by the inspector or the inspection agency nominated

by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection.

1.1.39 “Site” means the land and other places where the Facilities are to be installed, including storage and

working areas, and to which Plant and Equipment / Stores are to be delivered, and any other places as

may be specified in the Contract as forming part of the Site.

1.1.40 "Stores” shall mean and include what the Contractor agreed to supply under the Contract as specified in

the Contract and shall include inter-alia goods and materials, equipment, machinery, components,

instruments, appliances, accessories and plant.

1.1.41 “Sub-contractor” shall mean any person on whom execution of any part of the facilities, including

preparation of any design, or supply of any Stores and Installation Service is subcontracted by the

Contractor and includes its legal successor or permitted assignees, and unless otherwise stated, all the

Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly.

1.1.42 “Temporary Works” means all temporary works of every kind (other than Contractor‟s Equipment)

required on Site for the execution and completion of the Facilities and the remedying of any defects.

1.1.43 “Willful Misconduct” shall mean that the Contractor has intentionally concealed the defect in full

knowledge of the consequences that may flow from its existence and the defect is one, which the

Purchaser could not have discovered on careful examination of the Plant at the time of Taking Over or

during the Defect Liability Period.

1.2 Interpretation

1.2.1 In the Contract, except where the context requires otherwise:

(a) words indicating one gender include all genders;

(b) words indicating the singular also include the plural and words indicating the plural also include the

singular;

(c) provisions including the word “agree”, “agreed” or “agreement” require the agreement to be record in

writing;

(d) the word “tender” is synonymous with “bid”, “tenderer” with “bidder” and “tender documents” with

“bidding documents”; and


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(e) “written” or “in writing” means hand-written, type-written, printed or electronically made, and

resulting in a permanent record.

The marginal words and headings shall not be taken into consideration in the interpretation of these

Conditions.

1.2.2 Persons

Words incorporating persons or parties shall include firms, consortiums, corporations, government

entities and other bodies whether incorporated or not but having legal entity.

1.2.3 Incoterms

Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and

obligations of parties there under shall be as prescribed by Incoterms 2000.

Incoterms means international rules for interpreting trade terms published by the International Chamber of

Commerce (latest edition), 38 Cours Albert 1er, 75008 Paris, France.

1.2.4 Entire Agreement

The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the

subject matter of Contract and includes all written communications, negotiations and agreements of

parties with respect thereto made prior to the date of Contract that are included as reference in the

contract.

1.2.5 Non-waiver

No relaxation, forbearance, delay or indulgence by either party in enforcing any of the terms and

conditions of the Contract or the granting of time by either party to the other shall prejudice, affect or

restrict the rights of that party under the Contract, nor shall any waiver by either party of any breach of

Contract operate as waiver of any subsequent or continuing breach of Contract.

Any waiver of a party‟s rights, powers or remedies under the Contract must be in writing, must be dated

and signed by an authorized representative of the party granting such waiver, and must specify the right

and the extent to which it is being waived.

1.2.6 Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such

prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other

provisions and conditions of the Contract.

1.3 Communications

1.3.1 Unless otherwise stated in the Contract, all communications to be given under the Contract shall be in

writing, and shall be sent by personal delivery, airmail post, special courier or facsimile to the address of

the relevant party set out in the Contract.

1.3.2 For communications to be sent by the Purchaser to the Contractor, the following provisions shall apply:

a) Any communication sent by airmail post or special courier shall be deemed (in the absence of

evidence of earlier receipt) to have been delivered ten (10) days after dispatch. In proving the fact of

dispatch, it shall be sufficient to show that the envelope containing such notice was properly


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addressed, stamped and conveyed to the postal authorities or courier service for transmission by

airmail or special courier.

b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered

on date of personal delivery or date of its dispatch, as the case may be.

1.3.3 Communications shall be deemed to include any approvals, consents, instructions, notices, orders,

amendment to the Contract and certificates to be given under the Contract.

1.3.4 Either party may change its postal, facsimile address or addressee for receipt of such communication by

10 days‟ notice to the other party in writing.

1.4 Language

1.4.1 The ruling language of the Contract and language for communication shall be English.

1.5 Governing Law

1.5.1 The Contract shall be governed by the law of the country. The country unless otherwise stated in the

contract shall be India.

1.6 Jurisdiction

1.6.1 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of

related Contract.

1.7 Priority of Documents

1.7.1 The documents forming the contract are to be taken as mutually explanatory of one another. For the

purposes of interpretation, the priority of documents shall be in accordance with the following sequence:

a) the Contract Agreement / Purchase Order

b) the Special Conditions of Contract (SCC)

c) these General Condition of Contract (GCC)

d) the Tender (including technical specifications, drawings, etc.) document, other than Sr. no. (b) & (c)

above.

1.8 Contractor’s Documents

1.8.1 As between the Parties, the Contractor shall retain the rights for which the Contractor has copyrights and

other intellectual property rights (IPR), and for all other documents prepared / created in the course of

execution of the Contract, the IPR will remain with the Purchaser.

1.8.2 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive

royalty-free licence to copy, use and communicate the contractor‟s documents, including making and

using modifications of them. This licence shall:

(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the

Facilities,

(b) entitle any person in proper possession of the relevant part of the Facilities to copy, use and

communicate the contractor‟s documents for the purposes of completing, operating, maintaining,

altering, adjusting, repairing and decommissioning the Facilities, and


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(c) in the case of contractor‟s documents which are in the form of computer programs and other software,

permit their use on any computer on the Site and other places as envisaged by the Contract, including

replacements of any computers supplied by the Contractor.

1.9 Purchaser’s Documents

1.9.1 As between the Parties, the Purchaser shall retain the copyright and other intellectual property rights in

the Specification, the Drawings and other documents made by (or on behalf of) the Purchaser. The

Contractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of

the Contract. They shall not, without the Purchaser‟s consent, be copied, used or communicated to a third

party by the Contractor, except as necessary for the purposes of the Contract and with prior consent of the

Purchaser.

1.10 Confidentiality

1.10.1 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection

with this Contract have noticed that the Indian Official Secrets Act, 1923 (XIX of 1923) applies to them

and shall continue to apply even after the execution of such works under the Contract.

1.10.2 All information, drawings, designs and specifications imparted to the Contractor shall, at all times, remain

the absolute property of the Purchaser. The Contractor shall not use them for purposes other than for

which they are provided for and shall treat all these documents as confidential. These shall not be

reproduced in whole or in part for any other purpose.

1.10.3 The Contractor shall use his best endeavours to ensure that such information are not divulged to third

parties except where needed for the performance of the Contract by the Contractor with the prior consent

of the Purchaser. In such cases, the Contractor shall ensure and obtain similar obligation of confidence,

from third parties in question.

1.10.4 The Contractor shall at his own cost procure from his own employees, agents or sub-contractors (and

agents and sub-contractors of such agents and sub-contractors) the execution of a Confidentiality

Agreement in the form and manner acceptable to the Purchaser and shall do or assist in doing all such

acts, deeds and things to cause such employees, agents and sub-contractors to whom the confidential

information is given, to be bound by all the confidentiality obligations as the Contractor is bound under

this Agreement.

1.10.5 The provisions of this clause of GCC shall survive termination for whatever reason, of the Contract.

1.11 Consortium / Joint Venture / Partnership

1.11.1 Joint and Several Liability

If the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two or more

entities:

a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the

performance of the Contract

b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to

bind the Contractor and each of these entities.


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1.11.2 Changes in Constitution

Where the Contractor is a partnership firm, Joint Venture or consortium, prior approval in writing of the

Purchaser shall be obtained before any change is made in the constitution of the contractor.

If prior approval as aforesaid is not obtained, the contract shall be voidable in accordance with the GCC

clause 21.5 (Cancellation / Termination of Contract in Full/Part) at the Purchaser‟s discretion.

1.12 Country of Origin

1.12.1 “Country of Origin” means the place where the materials, equipment and other supplies for the Facilities

are mined, grown, produced or manufactured, and from which the services are provided.

1.13 Independent Contracts

1.13.1 The Contractor shall be an independent contractor performing the Contract. The Contract does not create

any agency, partnership, joint venture or other joint relationship between the parties hereto.

Subject to the provisions of the Contract, the Contractor shall be solely responsible for the manner in

which the Contract is performed. All employees, representatives or Subcontractors engaged by the

Contractor in connection with the performance of the Contract shall be under the complete control of the

Contractor and shall not be deemed to be employees of the Purchaser, and nothing contained in the

Contract or in any subcontract awarded by the Contractor shall be construed to create any contractual

relationship between any such employees, representatives or Subcontractors and the Purchaser. The

Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on

account of any claims raised by the representatives, employees or third parties to whom the contractor is

solely responsible in terms hereof or under the Contract.

2. THE PURCHASER

2.1 Accuracy of Information

2.1.1 The Purchaser shall ensure the accuracy of all information and/or data to be supplied by the Purchaser as

described in the Technical Specification of the Tender, except when otherwise expressly stated in the

Contract.

2.2 Permits, Licenses or Approvals

2.2.1 The Purchaser shall provide, at the request of the Contractor, such reasonable assistance in the form of

issue of necessary certificates as required under law so as to allow the Contractor to obtain any permits,

licenses or approvals required by the Laws of the Country, which the Contractor is required to obtain

under GCC clause 3.2, for the delivery of Goods including clearance through customs, and or the export

of Contractor‟s Equipment when it is removed from the Site. However, no claims can be made by the

contractor with respect to this clause. The Contractor shall bear all cost charges and expenses for the

licenses, permits and approvals required to be obtained by him under clause 3.2 hereof.

2.2.2 The Purchaser shall acquire and pay for all permits, approvals and/or licenses from all local, state or

national government authorities or public service undertakings that such authorities or undertakings

require the Purchaser to obtain them in the Purchaser‟s name, and are necessary for the execution of the

project.

2.2.3 The Purchaser shall be responsible for acquiring and providing physical possession of the Site and access

thereto, and for providing possession of and access to all other areas reasonably required for the proper

execution of the Contract, including all requisite rights of way.


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2.2.4 The Purchaser shall make available, as specified in the contract or agreed upon by the Purchaser and the

Contractor, utilities, material and other facilities required for commissioning and guarantee test of the

Facilities.

2.3 Free Issue Material

2.3.1 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender, to Contractor, as per

quantities/sizes indicating costs of such free issue material mentioned in the tender.

2.4 Purchaser’s Representatives

2.4.1 Senior General Manager / General Manager / Additional General Manager / Deputy General Manager,

C&MM as mentioned in the Contract is the Purchaser‟s representative for all commercial matters of the

Contract.

2.4.2 Project Manager: The Project Manager as mentioned in the Contract will be the Purchaser‟s

representative for all technical matters under the Contract and will remain the nodal agency for this

purpose during the execution of the Contract.

2.4.3 Engineer-in-Charge: Project Director/ Chief Construction Engineer of the Purchaser‟s Project Site shall

appoint, on behalf of the Purchaser, “Engineer-in-Charge” who shall be the Purchaser‟s representative for

all matters relating to execution of the Contract at Site for Erection & Commissioning of the facilities.

3 THE CONTRACTOR

3.1 General Obligations

3.1.1 The Contractor shall design, procure / manufacture (including associated Purchases and/or sub-

contracting), install and complete the Facilities with due care and diligence in accordance with the

Contract and with the Purchaser‟s instructions, and shall remedy any defects in the Facilities occurring in

defect liability period, and remedy latent defects within a further period of five (05) years from end of

defect liability period.

3.1.2 The Stores supplied / Facilities executed by the Contractor shall be brand new of the best quality and

workmanship and shall comply in all respects with Particulars of the Contract. When completed, the

Facilities shall be fit for the purposes for which the Facilities are intended as defined in the Contract.

3.1.3 The Contractor shall, whenever required by the Purchaser, submit details of the arrangements and

methods which the Contractor proposes to adopt for the execution of the Facilities. No significant

alteration to these arrangements and methods shall be made without this having previously been notified

to the Purchaser.

3.1.4 The Contractor shall be deemed to have carefully examined all Contract documents and obtained

clarifications from the Purchaser where needed, inspected and surveyed the Site and its surrounding and

satisfied himself as to the form and nature of the Site, the quantities and nature of work and material

necessary for the completion of the facilities and the means of access to the Site, the accommodation

he may require and in general obtained all necessary information as to risks, contingencies and other

circumstances, which may influence or affect his tender, to his entire satisfaction before submitting


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the bid. In particular and without prejudice to the foregoing conditions and in addition thereto, when

tenders are called for furnishing Particulars, the Contractor‟s tender to supply in accordance with such

Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the

details thereof and satisfied himself before tendering as to the correctness and sufficiency of his tender for

the Stores/ Facilities and of the rates and prices quoted in the Schedule of Quantities, which rate and

prices shall, except as otherwise provided, cover all his obligations under the Contract and all matters and

things necessary for the proper completion of the facilities. The Contractor acknowledges that any failure

to acquaint itself with all such data and information shall not relieve its responsibility for properly

estimating the difficulty or cost of successfully performing the Facilities. No claim on his part which may

arise on account of non-examination or misunderstanding of the Particulars and/or matter related to site

will, in any circumstances, be considered payable by the Purchaser.

3.2 Permits, Licenses or Approvals

3.2.1 The Contractor shall, at his own cost, acquire in its name all permits, approvals and/or licenses from all

local, state or national government authorities or public service undertakings in India that are necessary

for the performance of the Contract, including, without limitation, visas for the Contractor‟s and Sub

contractor‟s personnel and entry permits for all imported Contractor‟s Equipment. The Contractor shall

also acquire all other permits, approvals and/or licenses that are not the responsibility of the Purchaser

under GCC sub-clause 2.2.2 hereof and that are necessary for the performance of the Contract.

3.3 Compliance with law

3.3.1 The Contractor shall comply with all laws in force in India and in the States where the Stores are

manufactured and where Installation of Facilities is carried out. The laws will include all local, state,

national or other laws that affect the performance of the Contract and bind upon the Contractor. The

Contractor shall indemnify and hold harmless the Purchaser from and against any and all liabilities,

damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation

of such laws by the Contractor or its personnel, including the Sub-contractors and their personnel, but

without prejudice to GCC clause 2.1 (Accuracy of Information) hereof.

3.4 Securities

3.4.1 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as

stated in GCC sub-clause no. 3.4.2 and 3.4.3 here in below subject to the following conditions,

a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and

shall be governed by Indian Laws and be subject to the jurisdiction of courts of the place of issue of

Purchase Order.

b) The bank guarantees shall be submitted as per the format annexed to this GCC.

c) All bank guarantees are to be sent by the bankers directly to the Purchaser.

d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-

clause 3.4.3 herein below may be reduced once in six months to the extent of receipt of

items/materials or completion of identified milestones as per billing schedule for erection &

commissioning, as the case may be, by the Purchaser and the advance amount adjusted against such

receipts / milestone completion.


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3.4.2 Performance Security:

a) Contractor shall furnish a Performance Security Bond for 10% of the total value of all the contracts in

respective contract currencies, for due performance of the said contracts and performance of the

Facility(s), in the form of a Bank Guarantee within 30 days from the date of award of contracts and it

shall be valid till satisfactory completion of defect liability period covering warranty/guarantee of the

equipment/ facilities supplied by the Contractor and its Sub-contractors plus a claim period of three

months for lodging of claims, if any.

b) If the Contractor fails to provide the Performance Security Bond as stated herein above, within 30

days from the date of issue of Contract such failure shall constitute a breach of contract and the

Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of

the Stores/Facilities contracted from other sources at the risk and expense of the Contractor in terms

of GCC sub-clause no. 21.5.4 hereof and/or recover from the Contractor the damages arising from

such cancellation.

c) Contractor shall extend the validity of the Performance Security suitably, if it is required, due to delay

in operational acceptance of plant for reasons not attributable to the Purchaser, at its own cost well in

time and in any extent before the release of final payment by the Purchaser.

d) The Performance Security shall also be extended suitably, pursuant to GCC sub-clause no. 6.4.4

(Extension of Defect Liability), at least thirty days before the expiry of the period of validity thereof

in the event of repair / replacement of any equipment or any part thereof during defect liability period

to take care of extended defect liability period of equipment or any part of the facilities repaired/

replaced and/or facilities or part thereof remaining idle due to such defects and repair / replacement of

the same.

e) In the event, the Contractor fails to fulfil the obligations under the Contract, the Purchaser shall have

the right to encash and appropriate the Performance Security Bond Bank Guarantee. This right shall

be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor

any loss or damages that the Purchaser is herein entitled.

f) In the event of change in Purchase Order price, the value of the Performance Security Bond Bank

Guarantee shall remain unaltered for upto +/- 15% change in basic Purchase Order price excluding

taxes, duties and price adjustment. Beyond this change in Purchase Order price by +/- 15%, PBG

value shall be revised taking into account the revised Purchase Order value.

g) PSB Bank Guarantee shall be released on successful completion of defect liability period including

extension thereof, if any, and submission of Bank Guarantee for Latent Defect Security as per GCC

Sub clause no. 3.4.7 below.

3.4.3 Advance / Stage Payments Security

As a pre-requisite for release of advance/stage payments, Contractor shall submit bank guarantee of equal

amount denominated in the currency in which such advance/stage payments are to be released, valid till

completion of supply plus three months claim period, as per identified time schedule given in the

purchase order or if such time schedule is not specified, till completion of the facilities.


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3.4.4 Where the Contractor fails to maintain the Contractual Delivery Date, the Contractor shall extend the

validity of Bank Guarantee(s) submitted pursuant to GCC clause nos. 3.4.2 and 3.4.3 above, suitably to

cover the extended/expected delivery date, failing which, the Purchaser shall have the right to invoke the

Bank Guarantee(s) without prejudice to the terms and conditions of the contract.

3.4.5 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for

Performance Security Bond and/or Advance Payment for Erection and Commission at site, for delays

attributable to the Purchaser, the corresponding Bank Guarantee Extension charges shall be borne by the

Purchaser.

3.4.6 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside

Purchaser‟s site)

The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser

and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract

is executed and proper account for the FIM is rendered by the former to the latter. For this purpose an

Indemnity Bond as per Annexure-E shall be executed by the Contractor.

3.4.7 Latent Defect Security:

The Contractor shall submit a Bank Guarantee for 1% (one percent) of the total value of goods sold, in the

respective contract currencies, as security against latent defect. This Bank Guarantee shall be valid for a

period of 5 (five) years from the date of successful completion of the defect liability period as per the

contract.

3.5 Contractor’s Representative

3.5.1 The Contractor shall appoint the Contractor‟s Representative within fourteen (14) days of issue of the

Purchase Order and shall request the Purchaser in writing to approve the person so appointed. If the

Purchaser makes no objection to the appointment within fourteen (14) days, the Contractor‟s

Representative shall be deemed to have been approved. If the Purchaser objects to the appointment within

fourteen (14) days giving the reason therefore, then the Contractor shall appoint a replacement within

fourteen (14) days of such objection, and the foregoing provisions of this GCC sub-clause no.3.5.1 shall

apply thereto.

The Contractor‟s Representative will have to be assisted by senior executives of the company in charge of

each discipline, i.e., Engineering, Planning, Procurement, Manufacturing Site construction and Quality

Assurance etc. He shall be vested with powers to take prompt decisions.

3.5.2 The Contractor‟s Representative shall represent and act for the Contractor at all times during the currency

of the Contract. All notices, instructions, information and all other communications to be given by the

Purchaser to the Contractor under the Contract shall be given to the Contractor‟s Representative, except

as herein otherwise provided. All the contractor‟s notices, instructions, information and other

communication under the contract shall be given by the Contractor‟s Representatives in the following

manner.

Regarding,

(a) Commercial Issues: Senior General Manager/ General Manager/ Additional General Manager/

Deputy General Manager, C&MM as specified in the Purchase Order

(b) Technical issues: Project Manager

(c) Site / Erection & Commissioning Related issues: Engineer-in-charge


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3.5.3 The Contractor shall not revoke the appointment of the Contractor‟s Representative without the

Purchaser‟s prior written consent, which shall not be unreasonably withheld. If the Purchaser consents

thereto, the Contractor shall appoint some other person as Contractor‟s representative, pursuant to the

procedure set out in GCC sub-clause 3.5.1.

3.5.4 From the commencement of installation of the Facilities at the Site until Completion, the Contractor‟s

Representative shall appoint a suitable person as the Construction Manager (hereinafter referred to as “the

Construction Manager”). The Construction Manager shall supervise all work done at the Site by the

Contractor and shall be present at the Site throughout the normal working hours except when on leave,

sick or absent for reasons connected with the proper performance of the Contract. Whenever the

Construction Manager is absent from the Site, a suitable person shall be appointed to act as his or her

deputy.

3.5.5 The Purchaser may by notice to the Contractor object to any representative or person employed by the

Contractor in the execution of the Contract who, in the reasonable opinion of the Purchaser, may behave

inappropriately, may be incompetent or negligent, or may commit a serious breach of the Site security

provided under GCC clause 13.6 (Security of the Site). The Purchaser shall provide evidence of the same,

where upon the Contractor shall remove such person from the Facilities.

3.5.6 If any representative or person employed by the Contractor is removed in accordance with GCC sub-

clause 3.5.5, the Contractor shall, where required, promptly appoint a replacement.

3.6 Sub-contracting

3.6.1 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser. The

Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor, if

allowed by the Purchaser.

3.6.2 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of

supply or services and a list of approved Subcontractors against each item, including vendors. The bidder

at the time of submission of Part-I (Technical) bid may indicate additional subcontractors for any of the

given items, for evaluation by the Purchaser and if found acceptable, inclusion of such subcontractor in

approved subcontractors list, before opening of Price Bid. In so far as no Subcontractors are listed against

any such item, the Contractor shall prepare and submit to Purchaser a list of Subcontractors for such items

for approval and inclusion in such list. List of sub-vendors as issued with the Contract shall be strictly

adhered to for procurement of goods/services from designated subcontractor(s). However, under very

special and extra-ordinary circumstances, Contractor may request Purchaser for change of subcontractor

giving sufficient reasons and submit name and credentials along with contractors recommendation of

subcontractor(s) proposed by him to the Purchaser for approval, in sufficient time so as not to impede the

progress of work on the Facilities. Approval by the Purchaser for any of the Subcontractors shall not

relieve the Contractor from any of its obligations, duties or responsibilities under the Contract.

3.6.3 The Contactor shall select and employ its Subcontractors for such major items from those listed in the

lists referred to in GCC sub-clause 3.6.2.

3.6.4 All payment to the sub-contractors shall be made by the Contractor.

3.6.5 Employment of Piece Rate workers shall not be deemed as sub-contracting.


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3.6.6 In the event the Contractor violates the condition for obtaining consent under clause 3.6.1 above, the

Purchaser shall become entitled, in its discretion, to rescind that part of the Contract in respect of which

such violation has taken place, by giving 30 days notice to the Contractor. However, the Purchaser may in

the alternative, scrutinise such Sub-Contract or the Agreement entered into between the Contractor and

the Sub-Contractor, and either, ratify such sub-contract/ agreement subject to any conditions or

stipulations imposed by the Purchaser in that regard, or afford time to the Contractor to rectify/ remedy

his breach.

3.6.7 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish

any incomplete work at his own cost, and/or to compensate the Purchaser for any damage done by the

Sub-Contractor to the Property or Project of the Purchaser.

3.7 Subletting or Assignment of Contract

3.7.1 The Contractor shall not sublet, transfer or assign the Contract or any part thereof or bills or any other

benefits, accruing there from or under the contract without the prior written consent of the Purchaser.

Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any

contractual obligation or responsibility under the Contract.

3.7.2 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to

purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no. 21.5.4

hereof and/or recover from the Contractor damages arising from such cancellation.

3.8 Quality Assurance

3.8.1 Procurement, Manufacture & Supply of Stores by the Contractor or Subcontractor(s) and Installation of

the facilities by the contractor at Purchaser‟s site shall be subjected to Purchaser‟s Quality Assurance

(QA) requirement as per GCC clause no. 16 (Quality Assurance, Inspection, Acceptance and Rejection).

4 SUBJECT MATTER OF CONTRACT

4.1 Scope of facilities

4.1.1 Unless otherwise expressly limited in the Technical Specifications, the Contractor‟s obligations cover the

detailed design and engineering of the facilities, supply of all Plant and Equipment (covering design,

engineering, procurement, manufacture, Quality Assurance, testing, packing & forwarding transportation

and delivery at site) and the performance of all Installation Services (required for unloading & storage at

site, erection/ installation, associated civil works, Pre-commissioning/ commissioning and Performance

Testing of the Facilities) in accordance with the plans, procedures, specifications, drawings, codes and

any other documents as specified in the Technical Specifications, as lump-sum Engineering,

Procurement and Construction (EPC) package contract. Such specifications include, but are not

limited to, the provisions of Supervision and Engineering services, Supply of Labour, Transportation

(including, without limitation, unloading and hauling to, from and at the Site), Storage, Contractor‟s

Equipment, Construction Utilities and Supplies, Structures and Facilities, Erection & Commissioning

Consumables, equipment required for inspection and testing and Commissioning, Spares and Accessories.

4.1.2 In the case of any class of work for which there is no such specifications as referred to above, such work

shall be carried out in accordance with Bureau of Indian Standards Specifications. In case there are no

such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers'

specifications. In case there are no such Specifications as referred to above the work shall be carried out

in all respects in accordance with the instructions and requirements of the Project Manager /

Engineer-in-Charge.


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4.1.3 The Contractor shall carry out / ensure the manufacture of Equipment, Plant & Machinery, Stores and

all other execution of the Contract with properly equipped facilities and non-hazardous materials,

except as otherwise specified in the Contract.

4.1.4 The Contractor shall, unless specifically excluded in the Contract, perform all such work and/or supply all

such items and materials not specifically mentioned in the Contract but that can be reasonably inferred

from the Contract as being required for attaining Completion and efficient functioning of the facilities as

per specifications of the Tender, as if such work and/or items and materials were expressly mentioned in

the Contract, and without any extra cost to the Purchaser.

4.1.5 Alteration Of Specifications, Patterns And Drawings:

a) The Purchaser reserves the right to alter whenever necessary specifications, patterns and drawings. As

from that date, the Stores/ Facilities shall be in accordance with the specifications, patterns and

drawings so altered which the Contractor is bound to comply with.

b) In the event of such alteration involving a revision in the cost, or in the delivery period the same shall

be discussed and mutually agreed pursuant to GCC clause no. 19.2 (Changes Originating from

Purchaser).

4.1.6 Urgent Work:

If, by reason of an emergency arising in connection with and during the execution of the Contract, any

protective or remedial work is necessary as a matter of urgency to prevent damage to the Facilities, the

Contractor shall immediately carry out such work.

If the Contractor is unable or unwilling to do such work immediately, the Purchaser may do or cause such

work to be done as the Purchaser may determine is necessary in order to prevent damage to the Facilities.

In such event the Purchaser shall, as soon as practicable after the occurrence of any such emergency,

notify the Contractor in writing of such emergency, the work done and the reasons thereof.

If the work done or caused to be done by the Purchaser is work that the Contractor was liable to do at its

own expense under the Contract, the reasonable costs incurred by the Purchaser in connection therewith

shall be paid by the Contractor to the Purchaser. Otherwise, the cost of such remedial work shall be borne

by the Purchaser.

However, the Purchaser shall always be entitled to recover such costs and reimburse itself from the

amount of payment to be made by the Purchaser to the Contractor under the Contract.

4.2 Time for Completion

4.2.1 Date of completion of the facilities stipulated in the Contract, shall be the essence of the Contract and

facilities must be completed by the dates specified therein. Unless otherwise agreed, the Contract shall

come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly

contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery

Date (CDD) and Contractual Mile Stone Date as the case maybe, and incorporating the same in the

contract.


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4.2.2 The Contractor shall attain Operation Acceptance and Handing over of facilities (or of a part where a

separate time for Operational Acceptance and Handing over of such part is specified in the Contract)

within the Contractual Delivery Date (CDD) stated in the contract. Acceptance by the Purchaser of the

facilities completed by the Contractor after expiry of CDD shall be subjected to GCC clause no. 6.2

(Delay in Supply).

4.2.3 The Contractor shall dispatch items mentioned in the SCC within the Contractual Milestone Date of

despatch for the same mentioned in Contract. The Contractor shall complete such part of the Facilities

within Contractual Milestone Date(s) for intermediate completion as mentioned in the SCC/ Purchase

Order.

4.2.4 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period

specified herein.

5 CONTRACT PRICE AND PAYMENT

5.1 Contract Price

5.1.1 The contract price shall be as specified in Section-A of the purchase order, which shall be stated and

payable in the currency as mentioned in GCC clause no. 5.2 (Price Basis) and 5.3 (Currency of Payment)

below.

5.1.2 For contract(s) with contractual delivery period less than and upto 12 (twelve) months, the contract price

shall be firm. However, contract price for such contracts(s) can be subjected to price adjustment only in

the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve)

months, as provided in GCC Sub clause 5.4.2 and 5.8.2.

5.1.3 For contract(s) with contractual delivery period exceeding 12 (twelve) months, the contract price shall be

subjected to price adjustment either on positive or on negative side as per GCC clause nos. 5.4 to 5.8

below to reflect changes in the cost of labour material etc. Any bid containing a proposal for alternative

system of pricing, other than so specified under GCC clause no. 5.4 to 5.8 below run the risk of rejection.

However, the offer submitted on fixed price basis will not be rejected, but will be treated as the offer with

price adjustment being zero. The offer shall specifically confirm adherence to the price adjustment clause

of the tender, or whether it is on fixed price basis. The name, source and origin of material and labour

indices shall be as indicated in the bid subject to GCC sub-clause no. 5.5.2, 5.5.3, 5.6.1, 5.6.2 and 5.8.4.

5.1.4 Currency Exchange rate variation for imported raw materials/ components shall not be claimed/

considered separately.

5.2 Price Basis

The contract prices of all supply items and spares covered under this tender shall be furnished on safe

delivery basis to the Purchaser‟s site as under:

5.2.1 Price break-ups of indigenous supply items and spares shall be indicated as follows:

i) Ex-works price, including but not limited to CIF value of imported raw material / component required

for indigenous manufacture.

ii) Inland transportation and Transit insurance


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The prices of indigenous supply items and spares shall be exclusive of all taxes, duties, cess, octroi, etc.

CENVAT benefits available to Indian manufacturers shall, however, be taken into consideration in quoted

prices and pass on the benefits to the Purchaser. CIF value of the imported raw materials/ components

included in the Ex-works prices in the bid currency of indigenously manufactured items shall be shown

separately for the purposes of 15% price preference loading vis-à-vis domestically manufactured goods

and for availing Deemed Export benefits, if any.

5.2.2 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall

be indicated as follows:

i) FOB prices,

ii) Ocean/Air freight & Marine insurance,

iii) Port handling/clearance, inland transportation and inland transit insurance.

FOB prices shall be inclusive of all taxes, duties, levies, inland transportation up to the port of shipment

and export licensing charges. Other than FOB prices, remaining price elements shall be exclusive of

taxes, duties, cess, octroi, etc. applicable in India.

5.2.3 The prices of Commissioning/Start-up spares shall be included in the basic prices of the main equipment

and these spares are to be essentially dispatched with the respective main equipment only. In case of

shortage of the Commissioning/Start-up spares during the actual erection and commissioning of the main

equipments, additional Commissioning/Start-up spares shall be brought in by the contractor at his own

cost and no customs duty / deemed export benefits for such additional Commissioning/Start-up spares

shall be available.

5.2.4 The prices for erection and commissioning shall be exclusive of all taxes and duties. Income tax will be

deducted at source as required under the provisions of the Income Tax Act of Government of India and

TDS Certificate will be issued.

5.2.5 The prices for Civil Works shall be inclusive of all Taxes, Duties and other Statutory levies payable under

the law of the Land. The Contractor shall however take into account Fiscal Concessions available to the

subject contract (refer ITT Clause no. 9.0) and pass on the benefit to the Purchaser. Taxes, Duties and

other Statutory Levy are also not reimbursable separately on Price Adjustment for civil works price

portion as base price is deemed to include all Taxes and Duties as applicable.

5.3 Currency of Payment

5.3.1 The contract price shall be in the currency in which price has been stated by the successful bidder in

accordance with the following,

a) For supply of equipment, spares and other materials supplied from abroad and delivered directly to

the Site from Indian Port of entry, FOB price of such items, shall be in Indian Rupees (INR), and / or

any other three freely tradable foreign currencies or any combination of these currencies. Indian

Contractor, opting for payment in foreign currency, shall comply with the requirements laid down by

Government of India from time to time.

b) For Supply of equipment, spares and other materials from indigenous sources, Ex-works price of such

items inclusive of CIF value of imported raw material / component, shall be in Indian Rupees (INR).

c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up

to the Purchaser‟s site, in INR.


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d) Incidental charges for imported items to be delivered directly to Purchaser‟s site from Indian Port of

Entry like Ocean/Air Freight, Marine Insurance, Port Handling/Clearance Charges, Inland

Transportation and Inland Transit Insurance, in INR.

e) Erection and Commissioning charges in INR. Charges for expatriate field Labour engaged for

erection and commissioning, in INR and/or any other three freely tradable foreign currencies.

f) Civil Works in INR.

5.4 Price adjustment

5.4.1 The contract price shall be subjected to price adjustment during the execution of the contract, as provided

herein below. The price adjustment provisions shall not be taken into account for evaluation of offers. The

price adjustment provisions are separate for the supply, erection & commissioning and civil portions.

5.4.2 The Contract Price adjustment under GCC clause no. 5.4 to 5.8 will only be applicable for the contracts,

where the original contractual completion period is more than 12 months.

For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12

(twelve) months and where there is a delay which is attributed to the Purchaser, due to which the period

of the contract exceeds 12 months, the contract price adjustments is applicable for the extended period.

(For example, where the original contract period is 10 months and there is extension for 3 months, then

adjustment is payable for one month i.e.13th month only). However, the Subscript value of “0” defined in

GCC sub-clause nos. 5.5.1, 5.6.1 and 5.6.2 below shall be the indices of the last month of the original

contract period (i.e., the 10th month in the above example).

5.4.3 Only the following components of the contract price will be subject to Price adjustment:

a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials

(if any) to be supplied by the Purchaser. The price adjustment will be allowed up-to a ceiling of

+ twenty percent (20%) of the total Ex-works price component in INR. Price adjustment of individual

items will be allowed to such an extent that net price adjustment of all the items in INR does not

exceed this 20% ceiling and shall be payable/ recoverable accordingly.

b) FOB prices of imported plant and equipment excluding spares. The price adjustment will be allowed

up-to a ceiling of + twenty percent (20%) of the total FOB price component, in each of the contract

currencies separately. Price adjustment of individual items will be allowed to such an extent that net

price adjustment of all the items in a given currency does not exceed this 20% ceiling and shall be

payable/ recoverable accordingly.

c) The erection and commissioning prices (excluding free issue materials by the Purchaser), without any

ceiling.

d) The civil works prices (GCC clause 5.8)

5.4.4 Price adjustment amounts towards GCC clause no. 5.4.3 above shall be in respective currencies of the

contract.

5.4.5 No adjustment of prices is allowed on spares, tools, tackles and accessories. Engineering charges, testing

charges, analysis charges etc shown/payable separately shall also not be eligible for Price Adjustment


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5.5 Price Adjustment Formula for Supply Portion

5.5.1 The price adjustment formula to be applied to the ex-works/ FOB price-component of the supply items

shall be as follows:

ECl = EC ( F + a.Ml f1+ b.Nl f2 + c.Ol f3+ d.Pl f4+ e.Ql f5+ lb.Ll flb )

M0 N0 O0 P0 Q0 L0

Where,

EC1 = Adjusted ex-works/FOB price-component of items /equipments.

EC = Basic ex-works/FOB price-component of items /equipments.

M, N, O, P & Q = Corresponding published price indices of various materials.

lb = Co-efficient of labour content in the ex-works/ FOB cost of item/equipment.

L = Labour index.

F = Fixed portion of the ex-works/FOB component of the items/equipments

which will not be subject to any adjustment.

a, b, c, d & e = Coefficients of major materials involved in the ex-works/FOB cost of the

items/equipments. The band of these coefficients is given separately and the

Bidders are required to select from the band the coefficients in such a way

that the sum of all these coefficients, „F‟- Fixed portion and „lb‟- Labour

coefficient shall add up to one.

f1, f2, f3, f4, f5 …. are exchange rate corrective factors for the respective materials and flb is the

exchange rate correction factor for labour with reference to the currency of

the country of origin of index and the respective contract currency, such that:

f = Z0

Z1

Where, Z is the number of units of the currency of the country of origin of index, which is equivalent to

one unit of contract currency. The exchange rates to be used for calculation of factor „f‟ shall be as per

bills selling exchange rates established by The State Bank of India.

Subscript „0‟ refers to indices/exchange rates as prevailing on the seventh day prior to the due date of

submission of bid [Submission of both Part - I (Technical & Commercial except Price) and Part – II

(Price Bid)]. For the purpose of exchange rate, if this day happens to be a holiday, the nearest previous

working day shall be considered. The Contractor will submit authentic copies of relevant published


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indices as on this date applicable to the tender, along with his offer or any time before opening of Price

bid.

Subscript „1‟ refers to the indices/ exchange rates as on:

a) 90 days prior to the date of dispatch for labour component, and

b) The expiry of 2/3rd

period from the date of purchase order to the date of dispatch, for material

component.

For the purpose of this clause, the date of dispatch shall mean Contractual Milestone Date of dispatch as

per SCC/Contract or actual date of dispatch, whichever is earlier. In case no Contractual Milestone Date

of dispatch is mentioned for an item, Contractual Delivery Date (CDD) of the contract shall be taken as

Contractual Milestone Date of dispatch for such items, for the purpose of this clause. For the purpose of

exchange rate, if this day happens to be a holiday, the nearest previous working day shall be considered

for this purpose.

5.5.2 Index of Indigenous Raw Materials / Components and Labour:

The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer

submitted. For the materials the indices as published by Reserve Bank of India and for the labour the

indices as published by Labour Bureau Shimla, only shall be applicable

5.5.3 Index of Imported Raw Materials / Components:

The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer

submitted. The indices shall be well established and nationally recognized in the country of manufacture.

If any other index is proposed full justification for its use shall be provided. Preferably only Government

indices shall be used.

5.5.4 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates

along with each dispatch-wise invoice for arriving at adjusted ex-works/FOB price component without

which the invoices will not be processed.

5.5.5 Adjusted Contract Price for Supply component

The adjusted contract price shall be:

EC1 + other elements of contract price, if any.

5.5.6 In case of dispatches which are delayed beyond the Contractual Milestone Date of dispatch (as given in

the Contract) for reasons attributable to the Purchaser, the price adjustment provisions shall continue to be

applicable for an additional period equal to delay caused by the Purchaser, subject to GCC sub-clause

5.4.1, 5.4.2 & 5.4.3. This shall, however not deemed to be automatic extension of Contractual Milestone

Date of despatch.

In case of dispatches which are delayed beyond the Contractual Milestone Date of dispatch (as given in

Contract) for reasons attributable to the Contractor or Force Majeure events, the provision of Price

Adjustment shall not be available beyond the corresponding Contractual Milestone Date of dispatch.


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In case dispatches are delayed beyond the Contractual Milestone Date of dispatch (as given in the

Contract) and the total delayed period can be apportioned between delays due to the Purchaser, the

Contractor and / or Force Majeure events, Price adjustments for the period of delay caused by the

Purchaser will be allowed considering as if this delay due to the Purchaser happened first, immediately

after Contractual Milestone Date of dispatch, irrespective of actual point in time in which such delay by

Purchaser occurs. No price adjustment shall be allowed for delays apportioned to the Contractor and / or

Force Majeure events.

5.6 Price Adjustment Formula for Erection & Commissioning

5.6.1 Indian Currency portion of the Erection & Commissioning Services

The formula for calculation of the monthly price variation of the cost of erection portion of the works is

indicated and explained below:

E1 = E0 (0.25 + 0.75F1)

F0

Where,

E1 = Adjusted erection and commissioning price of each invoice.

E0 = Basic value of work done in the contractual completion period or the actual completion

date whichever is earlier.

F = Minimum wages in Rupees of a skilled labour fixed under any law, statutory rule or order

as applicable on the last date of the month previous to the one under consideration.

Note: Subscript „0‟ will be as prevailing on the date of submission of bid both Part - I (Technical &

Commercial except Price) and Part – II (Price Bid)].

Subscript „l‟ will be as prevailing on the last date of the month previous to the actual date of

execution of activities or the minimum wages prevailing on the Contractual Milestone Date for

intermediate completion, whichever is earlier. In case no contractual milestone date for

intermediate completion is mentioned for an activity, Contractual Delivery Date (CDD) of the

contract shall be taken as contractual milestone date for intermediate completion.

5.6.2 Foreign Currency portion of the Erection & Commissioning Services (Only for Expatriate Field Labour):

The formula for calculation of the monthly price variation of the cost of erection portion of the works is

indicated and explained below:

EE1 = EE0 (0.25 + 0.75EF1 x f)

EF0


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Where,

EE1 = Adjusted foreign currency portion of erection and commissioning of each invoice.

EE0 = Basic value of foreign currency portion of the work done in the actual completion date or

the contractual completion period, whichever is earlier.

EF = Index for Expatriate Field Labour component of erection and commissioning price. Such

index shall be of the country of nationality of such labour.

„f ‟ is exchange rate corrective factor for labour with reference to the currency of the country of origin

of index and the respective contract currency, such that:

f = Z0

Z1

Where, Z is the number of units of the currency of the country of origin of index, which is equivalent to

one unit of contract currency. The exchange rates to be used for calculation of factor „f‟ shall be as per

bills selling exchange rates established by The State Bank of India.

Note: Subscript „0‟ will be as prevailing on seventh day prior to the due date of submission of bid

[Both Part - I (Technical & Commercial except Price) and Part – II (Price Bid)].

Subscript „l‟ will be as prevailing on the actual date of execution of activities or indices

prevailing on the contractual milestone date for intermediate completion, whichever is earlier.

If any of these designated days happen to be holidays, the nearest previous working days(s)

shall be considered for the purpose of exchange rates. In case no contractual milestone date for

intermediate completion is mentioned for an activity, Contractual Delivery Date (CDD) of the

contract shall be taken as contractual milestone date for intermediate completion.

5.6.3 In case of delay in erection and commissioning beyond the contractual delivery date for reasons

attributable to the Purchaser, the price adjustment provision shall continue to be applicable for an

additional period equal to the delay caused by the Purchaser. This shall, however, not deemed to be

automatic extension of the contractual delivery date.

In case of activities that are delayed beyond the Contractual Milestone Date for Intermediate Completion

(as given in Contract) for reasons attributable to the Contractor or Force Majeure events, the provision of

Price Adjustment shall not be available beyond the corresponding Contractual Milestone Date for

Intermediate Completion.

In case completion of an activity is delayed beyond the Contractual Milestone Date for Intermediate

Completion (as given in the Contract) and the total delayed period can be apportioned between delays

due to the Purchaser, the Contractor and / or Force Majeure events, Price adjustments for the period of

delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened

first, immediately after Contractual Milestone Date for Intermediate Completion, irrespective of actual

point in time in which such delay by Purchaser occurs. No price adjustment shall be allowed for delays

apportioned to the Contractor and / or Force Majeure events.


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5.6.4 Adjusted Contract Price for Erection and Commissioning component

The adjusted contract price shall be:

E1 + other elements of contract price, if any.

5.7 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no. 5.7.1 & 5.7.2

below. The Contractor shall choose each coefficient from the bands in such a way that the sum of all these

coefficients ie „a‟, „b‟, „c‟ … the material coefficients, „F‟- Fixed portion and „lb‟- Labour coefficient shall

add up to one. Further the value of the co-efficients indicating weightage of various materials (a,b,…),

weightage of fixed portion and labour portion (F and lb ), applicable indices, source and their base values for

the purpose of price adjustment under this contract are to be furnished by the contractor in his Part-I bid as

per the following formats:

5.7.1 Ex-works/FOB component of the Items (excluding spares, tools and tackles)

Sl. No. Item

Value of Coefficient

Bidders have to restrict each

coefficient within these

bands

Source of

indices

used

Value of base date indices

as prevailing „7‟ days prior

to the date of submission of

Part-I and Part-II Bid.

1

2

3

Fixed portion

Materials

a.

b.

c.

d.

e.

Labour

F : 0.15

a =

b =

c =

d =

e =

lb= Between 0.25 to 0.35.

-- --

5.7.2 Erection and Commissioning component:

Sl. No. Item

Value of Coefficient

Bidders have to restrict each

coefficient within these

bands

Source of

indices

used

Value of base date indices

as prevailing „7‟ days prior

to the date of submission of

Part-I and Part-II Bid.

1

2

3

Fixed portion

Indian Field

Labour

Expatriate Field

Labour

F = 0.25

F = 0.75

EF= 0.75

-- --

Between

0.5 to 0.6


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5.8 Price Adjustment Formula for Civil Works

5.8.1 The rates quoted by the Contractor shall be the Base Price, which will be subjected to PRICE

ADJUSTMENTS in accordance with the conditions and formula prescribed herein and further subject to

satisfying the requirements specified in this clause only. This clause is applicable only to the contracts

where stipulated completion period is more than 12 months.

5.8.2 For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12

(twelve) months and where there is a delay which is attributed to the Purchaser, due to which the period

of the contract exceeds 12 months, the contract price adjustments is applicable for the extended period.

(For example, where the original contract period is 10 months and there is extension for 3 months, then

adjustment is payable for one month i.e.13th month only). However, the Subscript value of “0” defined in

GCC sub-clause no. 5.8.4 below shall be the indices of the last month of the original contract period (i.e.,

10th month in the above example).

5.8.3 The „Contract Price‟ as awarded shall be the Base Price, unless other wise specified.

A certain fixed percentage of the base price shall not be subject to any price adjustment. The balance

percentage to be specified shall be of Identified Components towards Labour, Material(s) (not being

material supplied/or services rendered at fixed prices by the Purchaser) and P.O.L. and shall be subjected

to Price Adjustment.

The fixed component and the identified components shall vary from contract to contract depending upon

the scope of work(s) and this information is furnished by the Purchaser in SCC.

5.8.4 The actual amount of price adjustment shall be determined by satisfying the conditions specified herein.

The formula designed for governing and calculating the price adjustment to be applied to the contract

price shall be as follows:

ACV1 = CV (F + luLu1/Lu0 + lsLs1/Ls0 + mM1/M0 + nN1/N0 + oO1/O0 + pP1/P0 + qQ1/Q0 +

dD1/D0)

Where:

ACV1 - Adjusted contract price i.e., value of work done after application of above

price adjustment formula.

CV - Base contract price, subject to price adjustment, i.e. the value of the work done in the

given period for which the Price Adjustment is to be calculated excluding cost of material

supplied or services rendered at fixed prices by the Purchaser and the cost of extra items,

rates for which have been worked out based on market rates.

F - Fixed component expressed as percentage of contract value (as defined

in SCC) will not be subjected to any adjustment under this formula or otherwise.

lu - Unskilled Labour component (as defined in SCC) expressed as

percentage of the contract value which will be subjected to adjustment.

ls - Skilled labour component (as define in SCC) expressed as

percentage of the contract value which will be subject to adjustment.

m,n,o,p - Various materials component (excluding material issued by the Purchaser at fixed rates)

expressed as percentage of the contract value, as defined in SCC, which will be subject

to adjustment. The sum of all these with F, d and the labour (lu and ls) and q should sum

up to one.


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„q - all other materials component expressed as percentage of contract value, which shall not

be defined in m,n,o,p, expressed as percentage of contract value. The component

expressed as percentage of the contract value, as defined in SCC.

d - P. O. L. component expressed as percentage of the contract value (as defined in SCC),

which will be subject to adjustment.

M,N,O,P - Corresponding published price indices of various materials based on All

India Wholesale Price Index for civil component / electrical component of construction

material as worked out on the basis of All India Wholesale Price Index for Individual

Commodities / Group Items for the period under consideration

Q - Wholesale price indices applicable to materials as published by Economic Advisor to

Government of India, Ministry of Industry & Commerce.

L - Minimum wages in Rupees of a labour fixed under any law, statutory rule or order as

applicable on the last date of the month previous to the one under consideration (where in

subscript „u‟ and„s‟ denotes the unskilled and skilled labour respectively).

D - P.O.L index for the period under consideration as published by Economic Advisor to

Government of India, Ministry of Industry & Commerce, New India

SUBSCRIPT:

„0‟ - refers to the values of the above-mentioned Minimum Wages, Material / P.O.L. indices applicable

to previous month prior to the date of opening of tenders (in case of two part tender the date of

opening of Part 1 shall be taken).

„1‟ - refers to the values of corresponding Minimum Wages, Material / P.O.L indices as applicable for

the month prior to the month in which the work is executed for which adjustment is applicable,

respectively.

5.8.5 The value of fixed component `F' will remain unchanged and fixed and shall not be disputed.

5.8.6 Price Adjustment(s) shall be calculated for the quantum of works executed for the month or the period of

the bill.

5.8.7 Additional, altered or substituted items of work, derived from the agreed Bill of quantities and rates

attached in work order will also attract price adjustment as per this clause. No price adjustment for the

cost of material issued by the Purchaser (viz.) steel and cement or any other item(s) issued by the

Purchaser and/or services provided shall be applicable, which are issued at fixed rates to the Contractor.

5.8.8 In case of advance payment is given for the work done but not measured the full value of such

unmeasured work shall be added to the cost of work shown in the bill for operation of this Clause. When

such work is measured and paid the full value of such work shall be deducted from the cost of work

shown in the bill, running or final.

5.8.9 Every month after the award of Contract, the Contractor shall submit to the Engineer-in-Charge, a written

notice of the changes, if any, that have occurred in the specified indices of Material/POL and in minimum

wages for labour during the previous reporting period containing the effective date of such change, the

amount of change for the claim of the amount of contract price adjustment with authenticated

documentary evidence (as described above) of the relevant published indices / minimum wages to

substantiate the price adjustment.


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5.8.10 In case where the reasons for extension of the contract is attributable to the Force Majeure and/or

Contractor, the Contractor shall be paid the contract price adjustment for the extended period at the frozen

indices applicable for the month preceding to the last date of stipulated completion period or extended

completion period attributable to Purchaser which is later. In case the prevailing price indices are lower

than the frozen indices, as stated above, the lower shall be considered.

5.8.11 For this purpose, the total delayed period shall be apportioned between delays due to the Purchaser, Force

Majeure events and / or the Contractor, Price adjustments for the period of delay caused by the Purchaser

will be allowed considering as if this delay due to the Purchaser happened first, immediately after

stipulated contract completion period, irrespective of actual point in time in which such delay by

Purchaser occurs.

5.9 Terms of payment

5.9.1 Items & Materials (excluding spares) supplied from abroad and delivered to the project site directly from

Indian Port of Entry

For FOB price component of Items & Materials:

a) 10% as advance against equivalent bank guarantee, performance security bond and unconditional

order acceptance.

b) 60% on FOB shipment on pro-rata basis against Bill of Lading/Airway Bill, Shipping release and

other import documents.

c) 20% along with 100% of Price Adjustment if any, on receipt of items at site on pro-rata basis

against physical verification and certification.

d) 7.5% on handing over of the facilities to the Purchaser and issue and acceptance of Operational

Acceptance certificate as per the format in Annexure-J by the Purchaser for each Reactor Unit.

e) 2.5% will be released on completion of Material Accounting.

In the event of delay in attaining the events pertaining to GCC sub-clause 5.9.1 (d) and (e) above for

reasons attributable to the Purchaser, the corresponding payments can be released to the Contractor on

expiry of Original CDD against Retention Bank Guarantee as per format given in Annexure-C, initially

valid for 6 months and subsequently extendable till completion of the corresponding events. In addition to

be encashable for failure of the Contractor to fulfil his Contractual obligations covered by the Retention

Bank Guarantee, this Bank Guarantee shall also be encashable for the purpose of recovery of LD, if any,

pursuant to GCC clause no. 6.2 (Delay in Supply).

5.9.2 Ocean freight and Marine Insurance charges

100% of ocean freight and Marine Insurance charges on pro-rata basis against receipt of items at site.

5.9.3 Local transportation and other services

100% of local transportation and other services like port clearance, port charges and Transit Insurance

charges etc. on pro-rata basis, will be paid against receipt of items at site.

5.9.4 Items & Materials (excluding spares) supplied from indigenous sources

a) 10% of Ex-works Price as advance against equivalent bank guarantee, performance security bond and

unconditional order acceptance.


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b) 60% of Ex-works price along with 100% of Taxes & Duties as applicable, on pro-rata basis, upon

dispatch to site against dispatch documents with original shipping release.

c) 20% of Ex-works Price along with 100% of safe delivery charges and Price Adjustment if any, on

receipt of items at site on pro-rata basis against physical verification and certification.

d) 7.5% of Ex-works price on handing over of the facilities to the Purchaser and issue and acceptance of

Operational Acceptance certificate as per the format in Annexure-J by the Purchaser for each Reactor

Unit.

e) 2.5% of Ex-works will be released on completion of Material Accounting.

In the event of delay in attaining the events pertaining to GCC sub-clause 5.9.4 (d) and (e) above for







5.9.5 Testing/ Analysis Charges

100% of Testing/ Analysis charges alongwith taxes and duties as applicable shall be paid on pro-rata basis

on successful completion of corresponding Testing/Analysis, submission of report thereof and acceptance

of the same by the Purchaser.

5.9.6 Mandatory/ Recommended Spares

(a) 75% of FOB/Ex-works prices, on pro-rata basis upon dispatch of all spares of respective

subsystems/systems/equipments to site against Bill of Lading, shipping/dispatch documents and

shipping release etc.

(b) 25% of FOB (along with Ocean Freight, Marine Insurance, Local Transportation, Port Clearance, Port

handling, Transit Insurance, etc.)/ Ex-works prices and 100% of safe delivery charges, on pro-rata

basis upon receipt and acceptance at site of respective subsystems/systems/equipments.

5.9.7 Erection and Commissioning

a) 10% as advance against site mobilization, equivalent bank guarantee and performance security bond.

b) 68% along with 100% of price adjustment if any, on pro-rata basis against satisfactory completion of

identified milestone and/or approved Billing Schedule for completion of erection services.

c) 2% on pro-rata basis subject to recovery as per Annexure-1 of “Contract Conditions for Industrial

Safety” appended to GCC, against completion of identified mile-stones.

d) 15% on handing over of the facilities to the Purchaser and issue and acceptance of Operational


e) 5% will be released on completion of Material Accounting.

In the event of delay in attaining the events pertaining to GCC sub-clause no. 5.9.7 (d) and (e) above for reasons attributable to the Purchaser, the corresponding payments can be released to the Contractor on







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5.9.8 Civil Works

a) 10% as advance against site mobilization, equivalent bank guarantee and performance security bond.

b) 78% along with 100% of price adjustment if any, on pro-rata basis against satisfactory completion of

identified milestone and/or approved Billing Schedule for completion of civil works.

c) 2% on pro-rata basis subject to recovery as per Annexure-1 of “Contract Conditions for Industrial

Safety” appended to GCC, against completion of identified mile-stones.

d) 10% on handing over of the facilities to the Purchaser and issue and acceptance of Operational


In the event of delay in attaining the events pertaining to GCC sub-clause no. 5.9.8 (d) above for







5.10 Payment Schedule

The Contractor shall prepare and submit a detailed item wise break up of the contract price for pro-rata

release of payment as per GCC sub-clause 5.9.1 to 5.9.8 above. The contract price break up shall be

commensurate with value of the items and/or progress of the work up to which pro-rata payment is being

claimed. Any payment under the contract shall be made only after the Contractor‟s price break up is

approved by the Purchaser. The aggregate sum of the Contractor‟s price break up shall be equal to the

contract price.

5.11 Application for Payment

5.11.1 The Contractors shall submit their invoices for various payments due as per Purchase Order payment

terms, along with application for payment in the prescribed proforma to the Paying Authority named in

the Contract. Proforma of application for payment is enclosed as Annexure-D to the GCC.

5.11.2 Each such application for payment shall be accompanied by all required documents as set forth in the

Contract and/or intimated to the Contractor in advance. The application for payment by the Contractor if

found deficient in any respect, shall not be processed and in such an event, the Purchaser shall intimate to

the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency

for rectification of the same by the Contractor. Payment will be released within 30 days from the date of

receipt of application for payment complete in all respects and acceptable to the Purchaser.

5.11.3 The final bill in respect of supply portion as well as site work portion shall be submitted by the Contractor

within 90 days of physical completion of the facilities. No further claims shall be made by the Contractor

after submission of the final bill and these shall be deemed to have been waived and extinguished.

5.12 Mode of Payment

5.12.1 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee

cheque and/or through Wire Transfer/ ECS. In the event of payment through Demand Draft/Pay Order, if

requested by the Contractor, charges for the same shall be to the account of the Contractor.


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5.12.2 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of

the Facilities or any part(s) thereof.

5.12.3 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill

including all supporting vouchers, abstracts etc. The Purchaser further reserves the right to enforce

recovery of any overpayment when detected, not withstanding the fact that the amount of the final bill

may have been included by one of the parties as an item of dispute before an arbitrator appointed under

arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in

the arbitration award.

5.13 Interest on Delayed Payment

5.13.1 Interest to be paid only for payments delayed against GCC sub-clause nos. 5.9.1 (c), (d) & (e), 5.9.4 (c),

(d) & (e), 5.9.6 (b), 5.9.7 (d) & (e) and 5.9.8 (d).

5.13.2 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment for the period

as stated herein below:

a) In case of receipt at the Site, the interest shall be paid beyond 95 days from receipt of good at Site till

the date of payment subject to receipt of invoice and supporting documents in acceptable form.

b) For final payment against handing over of facilities, interest shall be paid beyond 45 days from the

receipt of invoice and supporting documents in acceptable form.

5.13.3 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s)

stated herein below for the period of delay as per GCC sub-clause no. 5.13.2:

a) For payment in Indian Rupees: For delayed payment, applicable interest rate shall be Prime Lending

Rate (PLR) of State Bank of India.

b) For payment in Foreign Currency: For delayed payment, applicable interest rate shall be London Inter

Bank Offer Rate (LIBOR).


5.14.1 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and

which do not fall under Force Majeure as per the tender conditions, the outstanding advance payments

made shall be recovered, along with the interest at the rate specified herein below. This shall be without

prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract.

5.14.2 Advance Payment in Indian Rupees: Recovery shall be made with Interest at PLR of State Bank of India.

5.14.3 Advance Payment in Foreign Currency: Recovery shall be made with Interest as per LIBOR.

5.15 Recovery of Sums Due

5.15.1 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises

in terms of money out of the Contract against the Contractor, the Purchaser shall be entitled to recover

such sums from the balance of the total sum, which at any time hereafter may become due to the

Contractor from this Contract or any other Contract with the Purchaser. Should this sum be not sufficient


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to cover the amount of damages or loss that may be recoverable, the Contractor shall pay to the Purchaser

on demand the amount due. The Purchaser shall also have the right to appropriating, in part or full, the

performance security bond submitted by the Contractor, to recover any / all of its claims from the

Contractor.

5.15.2 If the Purchaser has made any claim, whether liquidated damages or otherwise against the Contractor

under this Contract or any other Contract with the Purchaser, the payment of all sums payable under the

Contract to the Contractor including the Performance Security Bond shall be withheld to the extent of

claims due according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor,

pending which the same will be adjusted. Notwithstanding the provision for recovery through adjustment,

the Purchaser shall be free to recover his claims from the Contractor as per the terms of this Contract.

5.15.3 All sums payable by way of compensation under any of the conditions of contract shall be considered as

reasonable compensation to be applied to the use of the Purchaser without reference to the actual loss or

damage sustained; and whether or not any damage shall have been sustained.


5.16.1 The Contractor shall bear all non-Indian taxes, duties, levies etc. payable upto FOB in respect of sourcing

items from abroad.

5.16.2 Contractor shall be responsible for payment of all Indian Taxes, Duties and all other statutory levies as

applicable in connection with supply of goods and/or services for the Facilities. This clause shall be read

in conjunction with ITT clause no. 9.0 and contractor can claim reimbursement of Indian Taxes, Duties,

Levies paid from the Purchaser only to the extent provided in the ITT clause no. 9.0. „Price Adjustment‟

(GCC clause nos. 5.4, 5.5, 5.6, 5.7) amounts if any, shall be taken into account in Contract Price on which

such Taxes, Duties, Levies etc. are reimbursable by the Purchaser. Taxes, Duties and other Statutory Levy

are also not reimbursable separately on Price Adjustment for civil works price portion as base price is

deemed to include all Taxes and Duties as applicable.

5.16.3 For extension in the contractual delivery period for the reasons attributable to the Purchaser and/or Force

Majeure, increase in existing taxes & duties, if any, and new tax component introduced in the extended

period shall be reimbursed to the Contractor, subject to ITT Clause no. 9.0 and submission of

documentary proof. No increase / new tax shall be payable for the delay period due to reasons attributable

to the Contractor.

5.16.4 In case of any other new indirect taxes / cess, if levied by Government during the contractual delivery

period, the same shall be reimbursed / paid by the Purchaser, as the case may be, at actual against

documentary evidence. This provision shall not apply to changes in Personal Income tax or Corporate

Income tax or to changes in non-Indian Taxes.

5.16.5 Direct Tax:

a) The Purchaser shall have the right to withhold taxes on income, excess profits, royalty and other taxes

from payments due to Contractor under this Contract to the extent that such withholding may be

required by the government of India or any relevant authority thereof or by the government of any

other country, and payment by the Purchaser to the respective governmental office of the amount of

money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to

the amount so withheld.


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b) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary taxes at

such rate as is required by any Government Authority, unless and to the extent that the Contractor

shall produce to the Purchaser any certificate issued by a Government Authority (having authority to

issue such certificate) entitling the Contractor to receive the payments under the Contract for a

prescribed period without deduction of any tax or deduction at a lower rate.

c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the

time stipulated by the relevant law to enable the Contractor to file the same with the Government

Authority as a proof of payment of such taxes.

d) All taxes levied on Contractor‟s corporate income or profits shall be for the account of Contractor and

shall not be reimbursed by the Purchaser. Contractor shall also be responsible for payment of income

taxes of its personnel levied in India or elsewhere.

5.16.6 Indirect Tax:

a) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary tax at

source at such rate as is required under the respective state sales tax / value added tax legislation unless

and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government

Authority (having authority to issue such certificate) entitling the Contractor to receive the payments

under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate.

b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time

stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as

a proof of payment of such taxes.

6 GUARANTEES, LIABILITIES AND RISK DISTRIBUTION

6.1 Completion Time Guarantee

6.1.1 The Contractor guarantees that it shall attain Completion of Erection / Operational Acceptance and

Handing Over of the Facilities (or a part for which a separate time is specified in the contract) on or

before Contractual Delivery Date (CDD) specified in the Purchase Order, or within such extended time to

which the Contractor shall be entitled under GCC clause no. 20.1 (Extension of Time for Completion)

hereof.

6.1.2 The Contractor guarantees that it shall despatch the items of supply and shall achieve intermediate

completion of facilities within the corresponding Contractual Milestone Date(s) specified in the Contract.

6.2 Delay in Supply

6.2.1 Should the Contractor fail to handover the facilities or any part thereof Pursuant to GCC sub-clause 6.1.1

within the CDD prescribed for the same, it shall be construed as a breach of the Contract and the

Purchaser shall be entitled at his option to the following:


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(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed

Liquidated Damages (LD) at the rate indicated below:

S.

No. Delivery Period

Liquidated Damages,

Rate / Week (1)

Maximum Amount

of L.D. (2)

1. Delivery period

(as originally stipulated) not

exceeding one year.

@ 1% of the total value

of Purchase Order per

week or part thereof.

5% of the Total

value of Purchase

Order.

2. Delivery period

(as originally stipulated)

exceeding one year but not

exceeding two years.

@ 0.5% of the total

value of Purchase Order

per week or part thereof.

5% of the Total

value of Purchase

Order.

3. Delivery period

(as originally stipulated)

exceeding two years.

@ 0.25% of the total

value of Purchase Order

per week or part thereof.

5% of the Total

value of Purchase

Order.

(b) To terminate the contract in full or in parts as per GCC sub-clause no. 21.5 (Cancellation /

Termination of Contract in Full or Part).

6.2.2 (a) For the contracts where within CDD, Contractual Milestone date(s) of despatch are also specified for

some/all stores, such stores shall be despatched to Purchaser‟s site on or before such Contractual

Milestone Date(s), failing which Liquidated Damages shall be levied at the rate applicable as per the

Column (3) table above under GCC sub-clause no. 6.2.1 (a) considering corresponding Contractual

Milestone Date as Delivery Period for such purpose, on the value of such stores and upto a maximum

5% of value of stores that are delayed with reference to corresponding Contractual Milestone Date.

(b) For the contracts where within CDD, Contractual Milestone date(s) of intermediate completion are

also specified for some/all parts of the facilities, such intermediate completion of facilities shall be

achieved on or before such Contractual Milestone Date(s), failing which Liquidated Damages shall be

levied at the rate applicable as per the Column (3) table above under GCC sub-clause no. 6.2.1 (a)

considering corresponding Contractual Milestone Date as Delivery Period for such purpose, on the

value of such facilities and upto a maximum 5% of value of facilities that are delayed with reference

to corresponding Contractual Milestone Date.

(c) In the event of completion and handing over the facilities (or a part for which a separate time for

handing over is specified in the Contract) by the contractor within the Contractual Delivery Date

specified in the Contract, the amount levied as LD pursuant to GCC sub-clause no. 6.2.2 (a) and 6.2.2

(b) above shall be refunded to the Contractor.

(d) In the event of delay in completion and handing over of the Facilities and levy of LD pursuant to

GCC sub-clause no. 6.2.1(a), the Total amount levied as LD pursuant to GCC sub-clause no. 6.2.1(a),

6.2.2(a) and 6.2.2(b) shall not exceed the maximum of 5% of total contract value.

6.2.3 However, the payment of liquidated damages shall not in any way relieve the Contractor from any of its

obligations to complete the Facilities or from any other obligations and liabilities of the Contractor under

the Contract.


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6.3 Functional Guarantees

6.3.1 The Contractor guarantees that during the Guarantee Test, the Facilities and all parts thereof shall attain

the Functional Guarantees specified in the Technical Specification of the Contract, subject to and upon

the conditions therein specified.

6.3.2 If, for reasons attributable to the Contractor, the level of the Functional Guarantees in respect of the

equipment designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability

Period, as per the contract, either in whole or in part, the Contractor shall at his cost and expense make

such changes, modifications and/or additions to the Equipment or any part thereof as may be necessary to

meet level of such Guarantees. The Contractor shall notify the Purchaser upon completion of the

necessary changes, modifications and/or additions, and shall request the Purchaser to repeat the Guarantee

Test until the level of the Guarantees has been met. If the Contractor eventually fails to meet the level of

Functional Guarantees, the Purchaser shall have the right of recourse to levying damages as specified in

the Contract, without prejudice to any other rights of the Purchaser under the contract.

6.4 Defect Liability

The Contractor shall warrant that the Stores, Plant & Equipments supplied under the Contract shall be

brand new, free from defects, manufactured with the latest state-of-art of manufacture and conform

strictly in accordance with the technical specifications, drawings and data sheets of the Contract. No

deviation from these specifications or alteration shall be made without specific and written accord of the

Purchaser. All Stores shall be guaranteed to be of the best quality of their respective kinds and shall be

free from defects in the design engineering, materials, workmanship, and be of specified size and capacity

so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract.

6.4.1 Defect Liability Period

a) Items / Equipment / System

Defect liability period shall be 18 months from the date of completion of facilities (satisfactory

erection and pre-commissioning) or 12 months from the date of Operational Acceptance of

Facilities (Commissioning), whichever occurs first, for each reactor unit.

In the event, the scope of work is limited to erection and pre-commissioning of the facilities and

commissioning will be done by the Purchaser, then the defect liability period shall be 18 months

from the date of completion of facilities (satisfactory erection and pre-commissioning) and

handing over of the facilities for commissioning to the Purchaser or 12 months form the date of

commissioning of the facilities, whichever occurs first, for each reactor unit.

b) Spares / Tools / Tackles / Accessories

The defect liability period shall be 18 months from the date of receipt of items (last consignment) at

site or 12 months from the date of acceptance, whichever occurs first.

6.4.2 Contractors Liability for Defective Stores / Facilities

The Purchaser may accept the Store/ Facilities, if it is complete in all respects or alternatively accept the

same on such terms as may be considered appropriate. If the Stores after the acceptance thereof is found

to have defects, latent or otherwise, notwithstanding that such defects could have been discovered at the

time of inspection, or any defects therein are found to have developed during the Defect Liability Period


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while under proper use or subsequently it is found that Stores/Facilities failed to fulfil the requirements or

Particulars of the Contract, the Purchaser shall be entitled to give a notice to the Contractor during Defect

Liability Period and within two (2) months thereafter, setting forth details of such defects or failure and

the Contractor shall forthwith make the defective Stores / Facilities good or alter the same to make it

comply with the requirements of the Contract at his own cost.

Further if in the opinion of the Purchaser, defects are of such a nature that the same cannot be made good

or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the

Purchaser, such opinion being final, the Stores cannot be repaired or altered to make it comply with the

requirements of the Contract, the Contractor shall remove and replace the same with a Stores / Facilities

conforming in all respects to the stipulated specifications at the Contractor's own cost.

If the repair, replacement or making good is of such a character that it may affect the efficiency of the

Facilities or any part thereof, the Purchaser may give to the Contractor a notice requiring that certain tests

of the defective part of the Facilities shall be made by the Contractor immediately upon completion of

such remedial work, whereupon the Contractor shall carry out such tests at his own cost.

If such part fails the tests, the Contractor shall carry out further repair, replacement or making good (as

the case may be) until that part of the Facilities passes such tests. The tests shall be agreed upon by the

Purchaser and the Contractor.

6.4.3 Failure to Remedy Defects

If the Contractor fails to make the desired repairs/replacement within 15 days of issue of notice pursuant

to GCC Sub clause 6.4.2 then such repairs/ replacement at the cost of the Contractor shall be carried out

by the Purchaser, with Stores of the same Particulars or when the Stores conforming to the stipulated

Particulars are not in the opinion of the Purchaser readily procurable, such opinion being final, then the

nearest available substitute thereof.

The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores, as the case may

be, which is defective or fails to fulfil the requirements of the Contract and make the desired

repairs/replacement as stipulated above. In the event of such rejection the Purchaser shall be entitled to

use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the

Purchaser to obtain replacement, as herein before provided.

6.4.4 Extension of Defects Liability Period

a) If the Facilities or any part thereof cannot be used by reason of such defect and/or making good of

such defect, the Defect Liability Period of the Facilities or such part, as the case may be, shall be

extended by a period equal to the period during which the Facilities or such part cannot be used by the

Purchaser because of any of the aforesaid reasons. Upon correction of the defects in the Facilities or

any part thereof by repair/replacement, such repair/replacement shall have the Defects Liability

Period for a period of twelve (12) months from the time such repair/replacement of the Facilities or

any part thereof has been completed.

b) In addition, the Contractor shall also provide an extended warranty for any such component of the

Facilities and during the period of time as may be specified in the SCC. Such obligation shall be in

addition to the defect liability period specified under GCC sub-clause no. 6.4.1.


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6.4.5 Latent Defects Liability

At the end of Defects Liability Period, the Contractor‟s liability ceases except for latent defects. The

Contractor‟s liability for latent defects warranty for the plant and equipments including spares shall be a

limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and

equipment including spares.

In case, there is any dispute between the Purchaser and the Contractor regarding latent defects, any of the

parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the

Contractor, shall be engaged by the Purchaser for settling the dispute.

The third party, so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the

execution of its duties as mentioned above. These costs shall be initially paid by the Purchaser. In case

of latent defect being proved, such costs shall be recoverable from the Contractor and the Contractor shall

bear and reimburse such costs to the Purchaser.

If the dispute regarding latent defects can not be settled as above, then the dispute shall be settled as per

provision of GCC Clause 22 (Settlement of Dispute)

6.5 Transfer of Ownership

6.5.1 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main

Indian contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas

Sales basis.

6.5.2 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall

be transferred to the Purchaser when the Stores are brought on to the Site. The Purchaser will issue the

requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax.

Further, in case of all components, equipments and materials identified by the Contractor and the

Purchaser to be dispatched directly from the sub-vendor‟s works are located, the Contractor shall effect

sale in transit.

6.5.3 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be

transferred to the Purchaser on sale in transit basis.

6.5.4 Ownership of the Contractor‟s Equipment to be used by the Contractor and its Subcontractors at

Purchaser‟s site in connection with the Contract shall remain with the Contractor or its Subcontractors.

6.5.5 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the

contract. Notwithstanding the transfer of ownership of the Stores, the responsibility for care and custody

thereof together with the risk of loss or damage thereto shall remain with the Contractor pursuant to GCC

clause no. 6.6 (Care of Facilities) hereof until Operation Acceptance by the Purchaser of the Facilities (or

the part thereof) in which such Stores are incorporated.

6.5.6 The Purchaser shall issue Contractor‟s Material Receipt Cum Issue Voucher (CMRCIV) to enable the

Contractor to use the goods for erection, installation and commissioning of the same and performance of

the activities under the services contract. Once the said goods are handed over to the Contractor, it shall

hold the same for and on behalf of the Purchaser and not deal with it in any manner except holding it for

execution and carrying out the erection, installation and commissioning work. Further, during such time,

the Contractor shall hold the materials as a bailee of the Purchaser.


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6.6 Care of the Facilities

6.6.1 From commencement of the work on the facilities, the Contractor shall be responsible for the care and

custody of the Facilities or any part thereof until the date of Operational Acceptance of the Facilities

pursuant to GCC clause no. 18.3 or, where the Contract provides for Acceptance of the Facilities in parts,

until the date of Acceptance of the relevant part, and shall make good at its own cost any loss or damage

that may occur to the Facilities or the relevant part thereof and/or Purchaser‟s T&P hired to the Contractor

from any cause whatsoever during such period.

6.6.2 In the event any equipment or item is damaged, lost, stolen, destroyed or otherwise impaired while in

storage or transit, the Contractor shall at its own expense and cost restore or replace such affected

equipment or item.

6.6.3 The Contractor shall also be responsible for any loss or damage to the Facilities caused by the Contractor

or it‟s Subcontractors in the course of any work carried out, pursuant to GCC clause no. 6.4 (Defect

Liability).

6.6.4 Notwithstanding the foregoing, the Contractor shall not be liable for any loss or damage to the Facilities

or that part thereof caused by reason of any of the matters specified or referred to in paragraphs (a) and

(b) of GCC sub-clause no. 6.6.5 and clause no. 6.13 (War Risks).

6.6.5 If any loss or damage occurs to the Facilities or any part thereof at Site by reason of

(a) (insofar as they relate to India where the site is located) war, nuclear reaction, nuclear radiation,

radioactive contamination, or any other occurrences that a contractor could not insure against, insofar

as such risks are not normally insurable on the insurance market and are mentioned in the general

exclusions of the policy of insurance taken out under GCC sub-clause no. 6.11 (Insurance) hereof

(b) any use of or reliance upon any design, data or specification provided or designated by or on behalf of

the Purchaser, or any such matter for which the Contractor has disclaimed responsibility,

the Purchaser shall pay to the Contractor all sums payable in respect of the Facilities executed,

notwithstanding that the same be lost, destroyed or damaged. If the Purchaser requests the Contractor in

writing to make good any loss or damage to the Facilities thereby occasioned, the Contractor shall make

good the same at the cost of the Purchaser in accordance with GCC clause no. 19 (Change in the

Facilities). If the Purchaser does not request the Contractor in writing to make good any loss or damage to

the Facilities thereby occasioned, the Purchaser shall either request a change in accordance with GCC

clause no. 19 (Change in the Facilities) excluding the performance of that part of the Facilities thereby

lost, destroyed or damaged, or, where the loss or damage affects a substantial part of the Facilities, the

Purchaser shall foreclose the Contract pursuant to GCC clause no. 21.4 (Foreclosure of Contract) hereof.

However, for loss or damage due to GCC sub-clause no. 6.6.5 (b) above, the Contractor shall lodge

appropriate insurance claim with his insurer against insurance policy taken pursuant to GCC clause no.

6.11 (Insurance), make necessary efforts to settle the claim and pass on the insurance claim proceeds as

received by him from the insurance company to the Purchaser.

6.6.7 In the event of any loss or damage to the facilities or any part thereof or to any of Purchaser‟s T&P or to

any material or articles at the Site before handing over of the facilities to the Purchaser from any cause

whatsoever the following provisions shall have effect.


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a) The Contractor shall, as may be directed in writing by the Engineer-in-charge, remove from the Site

any debris and so much of the facilities as shall have been damaged, taking to the Purchaser‟s store

such Purchaser‟s T&P, articles and/or materials as may be directed;

b) The Contractor shall, as may be directed in writing by the Engineer-in Charge, proceed with the

erection and completion of the facilities under and in accordance with the provisions and conditions

of the Contract.

6.6.8 If the Contractor or his workman or employees shall injure or destroy any part of the building in which

they may be working or any building, road, fence, etc. contiguous to the premises on which the work or

any part of it is being executed, or if any damage shall happen to the work while in progress, the

Contractor shall, upon receipt of a notice in writing in that behalf make the same good within reasonable

time as conveyed by engineer-in-charge, at his own expense.

6.6.9 With respect to any loss or damage caused to the Facilities or any part thereof by reason of any of the

matters specified in GCC sub-clause no. 6.13.1 (War Risk), the provisions of GCC sub-clause no. 6.13.3

shall apply.

6.6.10 The Contractor shall be liable for any loss of or damage to any of Contractor‟s Equipment, or any other

property of the Contractor used or intended to be used for purposes of the Facilities.

6.7 Intellectual Property Rights (IPR) Indemnification

6.7.1 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and

officers from and against all claims which may be made in respect of Stores / Facilities covered by this

contract against infringement of any right protected by Patent Registration, Law of Designs, Trade Marks,

utility model, copyright and other intellectual property rights registered or otherwise existing.

6.7.2 Provided that such indemnity shall not apply when such infringement has taken place in complying with

the specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges

payable in respect of any such use, the amount so paid being reimbursed to the Contractor only if the use

was the result of any drawings and/or specifications issued by the Purchaser after submission of the price

bid or revised price bid, if any.

6.8 Indemnity against Loss / Damage

6.8.1 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores/ facilities

till completion/ handing over to the Purchaser.

6.8.2 Contractor shall indemnify the Purchaser against all latent defects of the stores/facilities, for a period of 5

(five) years from the end (satisfactory completion) of the defect liability period.

6.8.3 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full

value of Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractor‟s works

outside Purchaser‟s site, till such time the entire contract is executed and proper account for the FIM is

rendered by the former to the latter.


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6.8.4 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers, and their

respective agents, against all claims, demands, damages, losses, costs and expenses of whatsoever nature

(including legal fees and expenses) in respect of :

a) bodily injury, sickness, disease or death, of any person whatsoever

b) damage to or loss of any property, real or personal (other than the facilities whether accepted or not)

arising in connection with design, supply and installation and completion of the facilities and

remedying of any defects, unless attributable to any negligence, wilful act or breach of the Contract

by the Purchaser, its employees, officers or their respective agents.

6.8.5 The Contractor shall at all times indemnify the Purchaser against all claims, damages or compensation

under the provisions of the Payment of The Wages Act. 1936, The Minimum Wages Act, 1948, The

Employer‟s Liability Act, 1938, The Workmen‟s Compensation Act, 1923, The Industrial Disputes Act,

1947 and The Maternity Benefit Act, 1961 or any modifications thereof or any other law relating thereto

and rules made there under from time to time or as a consequence of any accident or injury to any

workman or other persons in or about the works, whether in the employment of the Contractor or not,

save and except where such accident or injury has resulted from any act of the Purchaser, his agents or

servants, and also against all costs, charges and expenses of any suit, action or proceedings arising out of

such accident or injury and against all sum or sums which may with the consent of the Contractor be paid

to compromise or compound any claim. Without limiting his obligations and liabilities as above provided,

the Contractor shall insure against all claims, damages or compensation payable under The Workmen‟s

Compensation Act, 1923 or any modification thereof or any other law relating thereto, with specific

endorsement in such insurance policies that purchaser‟s interest shall be protected.

6.8.6 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or

charges payable by him under any Act of Parliament, State Laws, any Government instrument, rule or

order and any regulations or by-laws of any Local authority in respect of the facilities prevailing on the

date of submission of tender.

(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims, damages

and expenses arising out of his failure to obtain all permit and licenses which he is required to comply

with in respect of Laws, Ordinances, Regulations of the Central or State Government and/or Local/Public

Authorities.

6.8.7 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 2011 thereof;

(a) The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under

Section 17(a) of Civil Liability for Nuclear Damage Act, 2010, with following limitations, as stipulated

in Rule 24 of the Civil Liability for Nuclear Damage Rules, 2011:

The Contractor‟s liability shall be to the extent of the Operator‟s liability under sub-section(2) of

Section 6 of the Act or the value of the contract, whichever is less,

AND

The duration of Contractor‟s liability shall be limited to duration of initial license issued by AERB or

the product liability period, whichever is longer.

(b) The term “supplier” and the duration and extent of supplier‟s liability are explained in Rule 24 of the

Civil Liability for Nuclear Damage (CLND) Rules, 2011. For any questions relating to supplier‟s

liability under section 17 of the Civil Liability for Nuclear Damage (CLND) Act, 2010, Government of

India‟s clarifications dated February 08, 2015 may be referred to. These have been posted at the

websites of Ministry of External Affairs and the Department of Atomic Energy under the title

“Frequently Asked Questions and Answers on Civil Liability for Nuclear Damage Act 2010 and


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Related Issues”.

(c) In regard to contracts with manufacturers of or vendors for supply of systems, equipment, components,

or building of structures, or provision of services to nuclear installations which are operating or are

under construction or those to be installed in future for which NPCIL is the system designer and

technology owner, being responsible for safety design of such installations, NPCIL shall assume the

role of supplier in accordance with the explanation of the term “supplier” given in Rule 24 of the CLND

Rules, 2011 and in the context of section 17(a) and (b) of the CLND Act, 2010.

(d) Other suppliers can avail the Nuclear Suppliers‟ Special Contingency (Against Right of Recourse)

Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under

section 17(a) and (b) of the CLND Act, 2010. NPCIL maintains the operator‟s statutory insurance

under the CLND Act, 2010 by subscribing to the Nuclear Operator‟s Liability Policy offered by the

India Nuclear Insurance pool, thereby subrogating to the India Nuclear Insurance pool the operator‟s

“right of recourse” against suppliers under section 17(a) & (b) of the CLND Act, 2010.

6.9 Indemnity for Taxes and Duties

6.9.1 Contractor hereby protects. indemnifies and holds harmless the Purchaser from any and all claims or

liability for income, excess profits, customs duties, royalty or any other taxes, duties, penalties etc.,

assessed or levied by the government of India or by any appropriate authority thereof or by the

government of any other country against Contractor or its Subcontractor or against the Purchaser for or on

account of any payment made to or earned by Contractor or its Subcontractor hereunder.

Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or

on account of wages, salaries or other benefits paid to Contractor‟s employees or employees of its

Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of

the Contractor.

6.9.2 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments, payment

under protest or claim for immunity or exemption from any taxes and duties.

6.9.3 The Contractor shall be responsible for filing all necessary Tax returns (including, without limitation,

returns for Corporate Income tax, Personal Income tax, Service tax, Sales tax and Excise Duty) with the

relevant Government Authorities in accordance with all applicable statutory requirements and shall be

responsible for providing all information requested by such Government Authorities.

6.9.4 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant

Government Authorities and furnish such information as requested for by the relevant Government

Authorities.

6.9.5 In certain situations, a Government Authority may treat the Purchaser as the representative assessee of the

Contractor and/or its subcontractors and recover the Taxes due to the Government Authority by the

Contractor or its subcontractors from the Purchaser. In such situations, the Purchaser shall have the

following rights:

(a) The Purchaser shall be entitled to recover from the Contractor, the Taxes paid on behalf of the

Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in

connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its


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subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall

pay only the balance, if any, to the Contractor; and

(b) If the Purchaser is required to furnish any details or documents in such capacity, the Purchaser shall

request the details or documents to be furnished to it by the Contractor and the Contractor shall

immediately furnish the same to the Purchaser. If the Contractor fails to comply with the foregoing,

any penalty/interest levied on the Purchaser for non-filing or late filing of details or documents in this

regard shall be recoverable from the Contractor.

6.10 Limitation of Liability

6.10.1 Except in cases of criminal negligence or wilful misconduct,

(a) the Contractor shall not be liable to the Purchaser, whether in contract, tort, or otherwise, for any

indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest

costs, provided that this exclusion shall not apply to any obligation of the Contractor to pay liquidated

damages and/or any other penalties/recovery etc. specifically provided for in the Contract, to the

Purchaser

(b) the aggregate liability of the Contractor to the Purchaser, whether under the Contract, in tort or

otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the

cost of repairing or replacing defective equipment, or to any obligation of the Contractor to indemnify

the Purchaser with respect to IPR infringement.

6.11 Insurance

6.11.1 General Requirements for Insurances

The Contractor shall, “at his own cost”, take out and maintain in effect the following Insurance based on

reinstatement value during the performance of the contract and the Purchaser shall be named as co-

insured under all insurance policies. All Insurer‟s rights of subrogation against co-insured shall be

waived. Deductibles / excesses if any, under the insurance policies shall be borne by the Contractor. The

identity of the insurers and the type of policies shall be subject to the approval of the Purchaser.

Unless otherwise stated, insurances under this sub-clause shall cover all physical loss / damage and third

party liability subject only to minimum compulsory / general exclusions.

Alterations to the terms of insurance shall not be made without the approval of the Purchaser.

The required insurance coverage referred to and set forth in this clause shall in no way affect or limit

Contractor's liability with respect to performance of the work or any obligation under the contract / law.

6.11.2 Cargo Insurance during Transport

During Marine transit (Sea/Air) and Inland transportation, covering loss or damage as per ICC – clause –

„A‟ with War / Strike-Riot-Civil Commotions (SRCC) provisions, for full replacement value of the

consignment/cargo from the Contractor‟s or Sub-contractor‟s works or Stores until arrival at project site.

6.11.3 Storage-cum- Erection Insurance / Contractor‟s All Risk Insurance Policy

Insurance should cover physical loss or damage to the facilities at site against All Risks including

Terrorism occurring prior to the completion and handing over of facilities.


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6.11.4 Insurance for Contractor‟s Personnel

The Contractor shall effect and maintain insurance against liability for claims, damages, losses and

expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person

employed at site by the Contractor or any other of the Contractor‟s Personnel.

In accordance with the applicable statutory requirement, the Contractor should take Workmen‟s

Compensation Insurance for his workmen. The phrase “Purchaser‟s interest is protected” shall be

endorsed in the Policy.

6.11.5 Third Party Liability Insurance

Covering bodily injury or death suffered by Third parties (including Purchaser‟s personnel) and loss or

damage to the property occurring in connection with the supply and installation of the facilities.

6.11.6 Automobile Liability Insurance

Contractor shall maintain automobile liability insurance covering all owned, non-owned and hired

automobiles, trucks and other vehicles used by Contractor or its sub-Contractors in connection with the

execution of contract.

6.11.7 Additional Insurance

Any other insurance that may become applicable during execution of the contract shall be arranged by the

Contractor at his own cost.

6.11.8 In all insurance policies mentioned in this clause,- except for Third Party liability insurance and

Automobile insurance, the Purchaser shall be named as “Loss Payee”.

6.11.9 Unless otherwise provided in the contract, the Contractor shall prepare and conduct all and any claims

made under the policies effected by it pursuant to this GCC sub-clause 6.11 and the monies payable by

any insurers to the Purchaser – as „Loss Payee‟ shall in turn be paid to the Contractor as per the procedure

outlined in GCC sub-clause 6.11.10 below. The Purchaser shall give to the Contractor all such reasonable

assistance as may be required by the Contractor in preparation and / or settlement of claims with the

insurers. With respect to insurance claims in which the Purchaser‟s interest is involved, the Contractor

shall not give any release or make any comprise with the insurer without the prior written consent of the

Purchaser.

6.11.10 a) Wherever the total damages / loss of equipment / materials would occur, the Contractor would be

entitled to payment to all amounts received from the insurer(s) except the following amounts :

(i) the amount paid to the Contractor under the contract in respect of equipment / materials /

services damaged / lost, excluding pro-rata initial / mobilization advance but including

the entire amount of Price Adjustment, if any, already paid to the Contractor.

(ii) taxes, duties, and other statutory levies, which have already been reimbursed by the

Purchaser.

In the event the claim money settled is less than the total of the amounts in (i) & (ii) above, then

the entire claim money settled will be retained by the Purchaser and the Contractor will forewith

pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and

the total of the amounts as per (i) & (ii) mentioned above.


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Subsequent payments, if any, due under the contract shall be regulated by the relevant terms of

payment.

(b) In case of partial damage to any equipment / material during any stage, upon rectification of the

damaged equipment / material to the satisfaction of the Purchaser, the Contractor shall be paid to

the extent of claims settled by the Insurer(s).

(c) In both the scenario‟s (a) & (b) above, any amount(s) disputed by the Insurers and / or not settled

/ paid by them shall be to the Contractor‟s account.

6.11.11 The Contractor shall ensure that, where applicable, its sub-Contractor(s) shall take out and maintain in

effect adequate insurance policies for their personnel and vehicles and for work executed by them under

the contract, unless such sub-Contractors are covered by the insurance policies taken out by the

Contractor

6.12 Force Majeure

6.12.1 Definition of Force Majeure

Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser, as the

case may be, which they could not foresee or with a reasonable amount of diligence could not have

foreseen and which substantially affects the performance of the Contract, such as

a) war, hostilities or warlike operations (whether a state of war be declared or not), invasion, act of

foreign enemy and civil war,

b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government, civil

commotion,

c) embargo, import restriction, confiscation, nationalization, mobilization, commandeering or requisition

by or under the order of Central, State Government or Local Authority in India or any other act or

failure to act, of any local, state or national government in India,

d) riot, state/region/country wide transporters strike,

e) earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or cyclone,

hurricane, storm, lightning and pressure waves or other natural disaster,

f) nuclear event causing nuclear radiation, radioactive contamination.

6.12.2 Notice of Force Majeure

If either party is prevented, hindered or delayed from or in performing any of its obligations under the

Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such

event and the circumstances thereof within fourteen (14) days after the occurrence of such event.

A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure.

6.12.3 Duty to Minimise the effect

The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the

effect thereof upon its or their performance of the Contract and to fulfil its or their obligations under the

Contract.

6.12.4 Consequences of Force Majeure

The party who has given notice of Force Majeure shall be excused from the performance or punctual

performance of its obligations under the Contract for so long as the relevant event of Force Majeure

continues and to the extent that such party‟s performance is prevented, hindered or delayed. The Time for


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Completion shall be extended in accordance with GCC clause no. 20.1 (Extension of Time for

Completion), even though such force Majeure event may occur after Contractor‟s performance of his

obligations has been delayed for other cause.

No delay or non-performance by either party hereto caused by the occurrence of any event of Force

Majeure shall

(a) constitute a default or breach of the Contract,

(b) (subject to GCC sub-clause no. 6.6.5(a) and 6.13.3) give rise to any claim for damages or additional

cost or expense occasioned thereby;

if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force

Majeure.

If the performance of the Contract is substantially prevented, hindered or delayed for a single period of

more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on

account of one or more events of Force Majeure during the currency of the Contract, the parties will

attempt to develop a mutually satisfactory solution.

6.12.5 Force Majeure Affecting Sub-Contractor

If any Subcontractor is entitled under any contract or agreement relating to the Facilities to relief from

Force Majeure on terms additional to or broader than those specified in this Clause, such additional or

broader Force Majeure events or circumstances shall not excuse the Contractor‟s non-performance or

entitle him to relief under this Clause.

6.12.6 Limitations

Anything in this Contract to the contrary notwithstanding:

a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross

negligence of the affected Party aggravates the Force Majeure Event; and

b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under

the Contract.

6.13 War Risks

6.13.1 “War Risks” shall mean any event specified in paragraphs (a) and (b) of GCC sub-clause 6.12.1,

occurring or existing in or near India where the Site is located.

6.13.2 Notwithstanding anything contained in the Contract, the Contractor shall have no liability whatsoever for

or with respect to;

(a) destruction of or damage to Facilities, Plant and Equipment, or any part thereof, at the Site.

(b) destruction of or damage to property of the Purchaser at the site.

if such destruction, damage is caused by any War Risks

6.13.3 If the Facilities or any Plant and Equipment shall sustain destruction or damage at the Site by reason of

any War Risks, the Purchaser shall pay the Contractor for;

(a) any part of the Facilities or the Plant and Equipment so destroyed or damaged before handing over to

the Purchaser.

(b) replacing or making good any such destruction or damage to the Facilities or the Plant and Equipment

or any part thereof, which have already been handed over to the Purchaser.


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so far as may be required by the Purchaser, and as may be necessary for completion of the Facilities.

If the Purchaser does not require the Contractor to replace or make good any such destruction or damage

to the Facilities, the Purchaser shall either request a change in accordance with GCC clause no. 19

(Change in the Facilities), excluding the performance of that part of the Facilities thereby destroyed or

damaged or, where the loss, destruction or damage affects a substantial part of the Facilities, shall

foreclose the Contract, pursuant to GCC clause no. 21.4 (Foreclosure of Contract).

6.14 Liability of the Government of India

6.14.1 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its

own behalf under the applicable Laws of India and general principles of Contracts Law.

6.14.2 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so

solely on its own behalf. The Government of India is not a party to the agreement and has no liability,

obligations or rights in the deal.

6.14.3 It is expressly stated that the Purchaser is not an agent, representative or delegate of the Government of

India and the latter shall not be liable for any act, omission, commission, breaches or other wrongs arising

out of the Contract.

6.14.4 Accordingly, the Purchaser expressly waives releases and forgoes any and all actions or claims, including

cross claims, or counter claims against Government of India arising out of the Contract.

7 WORK PROGRAM

7.1 Contractor’s Organization

7.1.1 The Contractor shall deploy required number of qualified, experienced professionals in design,

engineering, planning, procurement, quality surveillance, site work, industrial safety etc. as committed

under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser

and Project Manager a chart showing the proposed organization to be established by the Contractor, for

carrying out work at Contractor‟s / Subcontractors premises and on the Facilities at the Site. The chart

shall include the identities of the key personnel together with the curricula vitae of such key personnel to

be employed within twenty-one (21) days of the Effective Date. The Contractor shall promptly inform the

Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart.

7.1.2 The Contractor shall furnish a phase-wise, month-wise detailed organization he proposes to deploy on the

package work. The organization set up shall indicate number, category and grade of personnel in different

disciplines, year-wise induction schedule for skilled, semi-skilled and unskilled work force of different

category at site to ensure satisfactory and timely completion of the package contract. Cost and time over

runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will

be to the contractor‟s account.

7.1.3 It is to be noted that time is the essence of contract. In order to achieve the schedules dates and to meet the

targets, the package contractor shall plan to carry out all the activities connected with the package contract

on two shifts or round the clock shift basis right from the initial stages. Sufficient number of engineering

and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules/


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milestone targets are met. However, permission of Engineer-in-Charge shall be obtained in advance for

off-normal hours of working.

7.2 Program of Performance

7.2.1 Within twenty-eight (28) days of the Effective Date, the Contractor shall prepare and submit to the Project

Manager and Engineer-in-Charge a detailed program of performance of the Contract, made in the form

specified in the Contract or acceptable to the Purchaser and showing the sequence in which it proposes to

design, engineering, manufacture, procurement, transport, assemble, erect/install and pre-commission/

commission the Facilities, as well as the date by which the Contractor reasonably requires that the

Purchaser shall have fulfilled its obligations under the Contract so as to enable the Contractor to execute

the Contract in accordance with the program and to achieve Completion, Commissioning and Acceptance

of the Facilities in accordance with the Contract. The program so submitted by the Contractor shall accord

with the Time Schedule included in the corresponding Section (Time Schedule) of the Contract and any

other dates and periods specified in the Contract.

7.2.2 Schedule of release of work front at Site will be mutually agreed at the start of the contract work and

periodically reviewed by the Purchaser and the Contractor for any changes.

7.2.3 The Contractor shall update and revise the program as and when appropriate or when required by the

Project Manager, but without modification in the Contractual Delivery Date (CDD) / Contractual

Milestone Date given in the Purchase Order and any extension granted in accordance with GCC clause

no. 20.1 (Extension of Time for Completion), and shall submit all such revisions to the Project Manager

and Engineer-in-Charge with a copy to the Purchaser.

7.3 Work Procedures

7.3.1 The Contract shall be executed in accordance with the Technical Specification and as per provision of the

Contract.

7.3.2 The Contractor may execute the Contract in accordance with its own standard project execution plans and

procedures to the extent that they do not conflict with the provisions contained in the Contract.

7.4 Progress of Performance

7.4.1 A meeting will be held in the office of the Project Manager / Engineer-in-Charge with the Contractor‟s

representative every month to monitor the progress of work.

7.4.2 If at any time the Contractor‟s actual progress falls behind the program referred to in GCC sub-clause no.

7.2 (Program of Performance), or it becomes apparent that it will so fall behind, the Contractor shall, at

the request of the Purchaser or the Project Manager, prepare and submit to the Project Manager a revised

program, taking into account the prevailing circumstances, and shall notify the Project Manager of the

steps being taken to expedite progress so as to attain Completion of the Facilities within the Contractual

Delivery Date under GCC sub-clause no. 4.2.2, any extension thereof entitled under GCC sub-clause no.

20.1.1, or any extended period as may otherwise be agreed upon between the Purchaser and the

Contractor.


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7.5 Progress Report

7.5.1 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC

sub-clause no. 7.2 above, and supply a progress report to the Project Manager and Engineer-in-Charge

every month.

7.5.2 The progress report shall be in a form acceptable to the Project Manager and shall indicate: (a) percentage

completion achieved compared with the planned percentage completion for each activity; and (b) where

any activity is behind the program, giving comments and likely consequences and stating the corrective

action being taken.

7.6 Hindrances

7.6.1 The Contractor is required to maintain two Hindrance Registers for reporting hindrance if any, while

executing the work in respect of design, engineering, procurement and supply related issues and site work

related issues separately, in an approved format. The Contractor shall get record of hindrances in the

Hindrance Register(s) approved / endorsed by the Project Manager or Engineer-in-charge, as the case may

be. Such hindrance in the work endorsed by the purchaser‟s authority will only be taken into

consideration for granting time extension.

8 DESIGNS AND ENGINEERING

8.1 General Design Obligation

8.1.1 The Contractor shall provide all design and engineering to the extent specified in Technical Specifications

and necessary for manufacturing, supply & erection of equipments and completion of the Facilities in

accordance and conformity with the provisions of the contract.

8.1.2 In order to ensure effective interface coordination between various items covered under the contract, the

Contractor shall review and provide for all required interfaces between items and also interfaces between

items covered under the contract with all external interfaces to other items covered by other contractors‟

and ensure effective and efficient working of the interconnected systems of Purchaser‟s units.

8.1.3 Preparation of design, engineering drawings and other documents for the Plant & Equipment and

Facilities by the Contractor shall be such that the Facilities constructed and commissioned by the

Contractor are capable of meeting the Performance Guarantees and will be such as could be legally, safely

and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering

practices.

8.1.4 The Contractor shall co-operate with the Purchaser‟s other Contractors and suppliers (if any) in the design

and engineering and otherwise accommodate their reasonable interface and interconnection requirements

within the limitations of Contractor's design and scope of work hereunder, provided that Purchaser's other

Contractors and suppliers shall also similarly co-operate with the Contractor. In case of any non-

agreement between the Contractor and Purchaser‟s other contractors & suppliers in this regard, the

decision of the Purchaser shall be final and bidding on all the parties.

8.2 Codes and Standards

8.2.1 Wherever references are made in the Contract to codes and standards in accordance with which the

Contract shall be executed, the edition or the revised version of such codes and standards current at the


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date, one (01) day prior to date of Price bid opening shall apply unless otherwise specified. During the

Contract execution, any changes in such codes and standards shall be applied after approval by the

Purchaser and shall be treated in accordance with GCC clause no. 19 (Changes in the Facilities).

8.3 Review / Approval of Contractor’s Documents

8.3.1 The furnishing of engineering drawing/document by the Contractor shall be done in a phased manner in

accordance with the Schedule as specified in the technical specifications, and/or as mutually agreed

between the Purchaser and the Contractor. The review of these Drawing/Data by the Purchaser will cover

only general conformance of the Drawing/Data to the specifications and documents. This review and/or

approval by the Purchaser shall not be construed by the Contractor, as limiting any of his responsibilities

and liabilities for mistakes and deviations from the requirements specified under these specifications and

documents. Only deviations accepted by the Purchaser through official letter from Project Manager or

Engineer-in-Charge or through approved Design Concession Request (DCR) shall be considered as

accepted deviations to Technical Specifications.

8.3.2 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager

the documents after due diligent checking and internal approval of the Contractor, that as per Technical

Specifications require approval or review by the Purchaser. Any part of the Facilities covered by or

related to the documents to be approved by the Project Manager shall be executed only after the Project

Manager‟s approval thereof. GCC sub-clauses no. 8.3.3 to 8.3.7 shall apply to those documents requiring

the Project Manager‟s approval, but not to those furnished to the Project manager for its review only.

8.3.3 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project

Manager‟s approval in accordance with GCC Sub-Clause no. 8.3.2 or the agreed date of submission of

such documents as per schedule, whichever is later, the Project Manager shall either return one copy

thereof to the Contractor with its approval endorsed thereon or shall notify the Contractor in writing of its

disapproval thereof and the reasons therefore and the modifications that the Project Manager proposes. If

the Project Manager fails to take action within the said fourteen (14) days, then the Contractor shall be

entitled to extension of time in accordance with GCC Clause no. 20.1 (Extension of Time for

Completion). For documents submitted by the Contractor for Project Manager‟s approval, beyond

scheduled/agreed date, the Contractor‟s right to claim time extension as above shall stand extinguished.

8.3.4 The Project Manager shall not disapprove any document, except on the grounds that document does not

comply with Technical Specifications of the Tender or applicable codes/ standards or that it is contrary to

good engineering practice.

8.3.5 If the Project Manager disapproves the document, the Contractor shall modify the document and resubmit

it within seven (7) days for the Project Manager‟s approval in accordance with GCC sub-clause no. 8.3.3.

If the Project Manager approves the document subject to modification(s), the Contractor shall make the

required modification(s), where upon the document shall be deemed to have been approved.

8.3.6 The Project Manager‟s approval, with or without modification of the document furnished by the

Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any

provisions of the Contract except to the extent that any subsequent failure that results from modifications

required in writing by the Purchaser.


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8.3.7 All costs due to modifications/revisions to documents, drawings and associated re-engineering etc.

required to be carried out by the Contractor due to Purchaser‟s comments on Contractors documents/

drawings etc, shall be to the account of the Contractor.

8.3.8 The Contractor shall be responsible for making all necessary alterations of the Stores/ Facilities which are

occasioned due to any discrepancies, errors or omission in the drawings or other particulars submitted by

the Contractor irrespective of whether these have been approved by the Purchaser or not provided that

such discrepancies, errors or omissions are not because of inaccurate information furnished in writing to

the Contractor by or on behalf of the Purchaser. If the Contractor fails to make such alterations, the

Purchaser may do so at the risk and cost of Contractor. In addition to above, any and all other expenditure

incurred by the Purchaser in this connection shall also be to the account of the Contractor.

8.3.9 The Contractor shall not depart from any approved document unless the Contractor has first submitted to

the Project Manager an amended document and obtained Project Manager‟s approval thereof, pursuant to

provisions of this GCC clause no. 8.3 (Review / Approval of Contractor‟s Documents). If the Project

Manager requests any change in any already approved document and/or in any document based thereon,

the provisions of GCC clause 19 (Change in the Facilities) shall apply to such request.

8.3.10 The Contractor shall submit hard copies, reproducible and soft/scanned copies with passwords of all

drawings / documents including all latest/ as built drawings, to the Purchaser.

9 PROCUREMENT AND SUPPLY

9.1 General Provisions

9.1.1 The Contractor shall manufacture or procure and transport all the Stores in an expeditious and orderly

manner to the Site. The Contractor shall complete the process of placement of Purchase Order(s) on its

subcontractors and complete the procurement process in the respective time limits specified for these

activities in Technical Specifications.

9.1.2 Procurement, Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected

to Purchaser‟s Quality Assurance (QA) requirement as per GCC clause no. 16 (Quality Assurance,

Inspection, Acceptance and Rejections).

9.2 Bill of Quantities (BOQ)

9.2.1 Subsequent to the placement of the contract the successful bidder will be required to furnish the detailed

price break-up within a specified time frame. This detailed break-up of items and prices shall be

considered as Bill of Quantities (BOQ)

In case of requirement of any additional items/quantities beyond this BOQ to complete the facilities as per

the scope of the Tender, the prices of such additional items/quantities are deemed to have been included

in the Contract Price and as such additional price implications if any, are to be absorbed by the

Contractor. However, if any of the quantities/items delivered as per this BOQ are found to be excess on

completion and handing over of the facilities, such items shall remain to be the property of the Purchaser.

In case the contractor brings in some items in excess of the quantities/items mentioned in the BOQ to

meet the exigencies of the Site works, all such excess items if left over after the execution of the contract,

are allowed to be taken back by the contractor.


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9.3 Free Issue Materials (FIM)

9.3.1 For certain fabrication of items under supply portion, if specified in the tender, the Purchaser shall

provide Free Issue Material (FIM) to Contractor, as per quantities/sizes alongwith costs of such material

mentioned in the tender.

9.3.2 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM.

The cutting diagram or such proposal as approved by the Purchaser's Engineer shall form a part of the

Contract.

9.3.3 Unless otherwise specially mentioned in the Contract, on issue of the Contract, the Contractor shall be

advised to collect the FIM from any of the Purchaser's Stores at various sites/ headquarter and shall take

an Insurance Policy for the value of the FIM. The Insurance Policy shall be valid till the contractual/

actual delivery date or till the execution of the Contract and shall cover the following.

INSURED Name and address of the Contractor

BENEFICIARY Nuclear Power Corporation of India Limited, acting through Executive

Director, Directorate of Contracts and Materials Management or any other

officials authorised by NPCIL, .................. (address)

RISKS COVERED Any loss or damage to the Purchaser‟s material due to fire, riot, burglary,

strike, theft, and any damages arising out of external sources such as damages

due to the materials falling on Purchaser‟s materials.

9.3.4 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through

the period during which the materials will remain in his possession. The Contractor shall take all

necessary precautions against any loss, deterioration or destruction of the FIM from whatever cause

arising whilst the said material remains in his possession and/or his custody or control. The Contractor

shall also not mix-up the material in question with any of his goods and shall render true and proper

account of the material actually used. The decision as to whether the Contractor has occasioned any loss,

deterioration or destruction of the FIM whilst in his possession, custody or control from whatever cause

arising, as also the decision regarding quantum of the damages suffered by the Purchaser shall be final

and binding upon the Contractor.

9.3.5 The Insurance Policy with the details indicated at GCC clause no. 9.3.3 shall be furnished by the

Contractor to the Purchaser for acceptance. On acceptance of the Insurance Policy and Indemnity Bond

submitted as per GCC clause no. 3.4.6, by the Purchaser, the Contractor shall lift the FIM from

Purchaser's Stores at his own cost.

9.3.6 On completion of fabrication, the Contractor shall prepare a full account of the material used for the

fabrication and the balance available with him for return to the Purchaser. This account of FIM shall be

verified and accepted by the Project Manager before the Contractor is allowed to return the balance

material to Purchaser‟s Stores against such authorisation in writing.

9.3.7 The FIM account, accepted by the Project Manager alongwith proof of receipt of balance material by the

Stores Officer (Consignee), shall be produced by the Contractor for the release of the final payment to the

Contractor.


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9.3.8 The Purchaser at all times have the right to enter the Contractor's premises where the free issue materials

are stored or where the free issue materials are under manufacture.

9.3.9 The Purchaser at his discretion may allow the balance material such as scrap, cut bits to be retained by the

Contractor in which event the value to be assigned to the balance material will be mutually agreed

between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractor's

account while settling his final payment.

9.4 Packing and Marking

9.4.1 Packing for Shipment shall be in accordance with the packing specification if any, given in the Tender

Document. The Contractor shall be responsible for the Stores being sufficiently and properly packed and

crated for transport by sea, air, rail or road, so as to ensure that they are free from any loss or damages till

their arrival at destination. The packing and marking of packages shall be done by and at the expense of

the Contractor.

9.4.2 Each package shall contain a Packing Note quoting Contract number and date, copy of Shipping Release

and one set of copy of test certificates. Each package shall be marked with name and address of the

Contractor, Contract No and date, brief description of the Stores and name and address of the Consignee,

dimensions, weight, lifting points and special handling instructions, if any.

9.5 Transportation

9.5.1 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 days‟ notice of the date on

which any major plant and machinery or other major goods will be delivered to the Site stating details

such as the description of the Stores and of the Contractor‟s Equipment, the point and means of dispatch,

and the estimated time and port of arrival in India, if applicable, and at the Site.

9.5.2 For Contracts placed on free and safe delivery to Purchaser‟s site basis:

i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination

specified by the Purchaser on free and safe delivery basis, by selecting any safe mode of transport

unless otherwise stated in the contract.

ii) Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and bear all freights

and all costs and expenses for transporting the items to the place of delivery specified in the Contract

and the price specified in the Contract shall be inclusive of all such packing, handling, forwarding,

freight and transit insurance charges. The Contractor shall however, indicate the break up price

towards freight and transit insurance charges.

iii) Unless otherwise provided in the Contract, the Contractor shall be entitled to select any safe mode of

transport without any transhipment, to carry the Plant and Equipment and the Contractor‟s

Equipment.

9.5.3 In the case of Contract with Ex-works prices, the Contractor shall arrange transportation of the Stores

after Purchaser‟s prior approval of the selected transporter and transportation charges.

9.5.4 High Seas Sale

All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor, to

be delivered directly to the Purchaser‟s site from the port of import, shall be cleared on High Seas Sale

basis, at the price as shown in the Contract. In the event foreign Sub-contractor‟s invoice values exceeds


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the corresponding value shown in the Contract, implication if any towards Customs Duty shall be to the

Contractor‟s account.

The contractor shall furnish all necessary documents for executing the High Seas sale agreement. In case

of delay / failure in submission of documents, the demurrage charges, penalty, sales tax, etc. shall be

borne by the contractor. Not withstanding High Seas sales, the Contractor shall remain responsible for all

work of port handling / clearance, inland transportation to site and all subsequent activities till handing

over of the Facilities.

9.5.5 The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities for

transportation of the Stores and the Contractor‟s Equipment to the Site. The Contractor shall indemnify

and hold harmless the Purchaser from and against any claim for damage to roads, bridges or any other

traffic facilities that may be caused by the transport of the Stores and the Contractor‟s Equipment to the

Site.

9.5.6 The Contractor shall indemnify and hold the Purchaser harmless against and from all damages, losses and

expenses (including legal fees and expenses) resulting from the transport of Plant and Machinery, Stores,

Contractor‟s Equipments and other goods and shall negotiate and pay all claims arising from their

transport.

9.5.7 Documentation for Supply of Imported Items

At least three (3) days prior to the embarkation for India of each shipment of Equipment, Plant &

Machinery, the Contractor shall send a tele-fax to Purchaser setting forth the following information

concerning each such shipment:

i) A description of the Equipment, Plant & Machinery contained in such shipment

ii) The date of embarkation and departure

iii) The port of origin

iv) The means of shipment (air or sea)

v) The estimated date of arrival in India compared with Contract Network Schedule

vi) The port of entry in India

vii) The value of the shipment

viii) The approximate weight and volume (gross and net)

ix) The name, flag and owner of the vessel if shipment is by sea or the designation of aircraft if

shipment is by air and

x) The number and value of bill of lading or airway bill.

Within three (3) days after embarkation for India of each shipment, the Contractor shall send to Purchaser

by courier for information, a copy of each of the following documents:

i) Shipping documents consisting of full set clean bill of lading;

ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the

subject cargo is insured under marine cargo insurance;

iii) Invoice with itemised prices duly signed by Contractor;

iv) Copy of packing lists for each separate package;

v) Shipping release issued by Purchaser or his authorized representation;

vi) Certificate of origin;


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vii) Any other documents needed for import clearance.

9.5.8 Documentation for Supply of Indigenous Items

On the day of transport, the contractor shall send to the Purchaser by courier for information, a copy of

each of the following documents:

i) Transportation documents like airway bill / lorry receipt / railway receipt / delivery challan, etc.

ii) Certificate of insurance;

iii) Invoice with itemised prices duly signed by Contractor.

iv) Copy of packing lists for each separate package;

v) Any other documents needed for excise / octroi clearance.

vi) Shipping release issued by Purchaser or his authorized representation;

vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise,

octroi, entry tax etc. for timely and safe delivery of items to the site.

9.5.9 Transportation of Contractor‟s Equipment to Purchaser‟s Site would also be inline with above mentioned

clauses.

9.5.10 All demurrage, wharfage and other expenses incurred due to delayed clearance of the material for any

reason, other than those for which the Purchaser is responsible, shall be to the account of the Contractor.

9.5.11 In the event any equipment or item is damaged, lost, stolen, destroyed or otherwise impaired while in

storage or transit, Contractor shall at its own expense and cost restore or replace such affected equipment

or item.

9.6 Custom Clearance

9.6.1 The Contractor‟s scope of work shall include obtaining all customs clearance, completing all clearance

formalities and handling at all ports of all equipment and material of non–Indian origin including those

where Purchaser is named importer.

9.6.2 The Contractor shall, at its own expense; handle all imported Stores and Contractor‟s Equipment at the

point(s) of import and shall handle any formalities for customs clearance. This clause shall be read in

conjunction with ITT clause no. 9.0 for the purpose of Customs Duty. The Purchaser will make available

to the Contractor all documents / applications that are required to be made in the name of the Purchaser as

per applicable laws or regulations including requisite documents or certifications as per the extant rules

and procedures for availing the exemptions/concessions in Customs Duty, if any. However, it is the

responsibility of the Contractor to approach the Purchaser and obtain necessary documents / certificates

from the Purchaser well in advance.

9.6.3 The Contractor shall be responsible for the timely clearance through customs of any part of the Plant or

Facilities and for all necessary documentation and procedural matters associated there with. The

Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs

delays and will not be entitled to extension of time for completion, it being the Contractor‟s responsibility

to allow sufficient time for clearance through customs.


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9.7 Unloading and Storage

9.7.1 The Contractor shall, upon delivery to the site, be responsible for unloading, handling and storage of

all materials, Equipments, Plant & Machinery, spare parts and other items necessary or desirable for

the completion for facilities, including expediting, receiving, inspection and documentation.

9.7.2 The Contractor shall receive on behalf of the Purchaser, the Stores supplied by him/ subcontractors at his

stores at Purchaser‟s Site, carry out incoming inspection ensuring compliance with Technical

Specifications prepare MRICAR – CMRCIV and submit the same along with all necessary supporting

documents to the Purchaser. The Purchaser shall issue MRICAR – CMRCIV within seventy five days

(75) days of receipt of MRICAR – CMRCIV along with all supporting documents complete in all respects

from the Contractor.

9.7.3 Contractor shall warehouse or otherwise provide appropriate storage at site (in accordance with

manufacturer‟s recommendation and taking into account climatic and other relevant conditions at the

warehousing site) for all Equipment, Plant & Machinery and Contractor‟s Equipments.

9.7.4 All Equipments, Plant & Machinery, tools, tackles and spares, shall be

i) stored at appropriate location approved in advance by the Engineer-in-charge, and

ii) properly tagged and identified for segregated from other goods.

9.7.5 The Contractor shall arrange and be responsible for security of all the Equipments, Plant & Machinery

and Stores to be incorporated in or forming part of the facilities and tools, tackles, spares and other items,

which are required to be delivered to the Purchaser under the contract, till acceptance of the facilities or

acceptance of such items, as the case may be, by the Purchaser.

9.8 Training

9.8.1 The Contractor shall, if required by the Purchaser, provide facilities for the practical training of

Purchaser‟s engineering or technical personnel for operation and maintenance of the equipment /

facilities. The Purchaser shall bear boarding, lodging and travelling expenses of its personnel deputed for

such training.

9.9 Manuals

Contractor shall submit to Purchaser, the manuals required for the Equipments, Plant & Machinery and

facilities as listed in the technical specification including but not limited to:

9.9.1 Quality Control Manual:

Quality assurance for material, procurement, manufacturing, packing and forwarding, preservation at site,

erection / Construction including field quality plan etc. shall be furnished with the bid by the Contractor

conforming to the standards to be employed by Contractor under the contract

9.9.2 Instruction manuals for equipments / systems:

Contractor shall forward Instruction Manuals, for operation and maintenance along with dispatch of

respective equipments/systems required for the plant, as provided by manufacturer / suppliers of

equipments / systems.


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9.9.3 Operating Manual (Comprehensive & Integrated):

Contractor shall prepare and deliver to Purchaser, the Operating Manual having, but not limited to

complete equipment and system instructions for the start-up, operation and maintenance of the plant.

Contractor shall consult with Purchaser in the preparation of the Operating Manual and Purchaser will be

permitted to make recommendations as to the final form and substance of the Operating Manual. The

Operation Manual shall be consistent with Prudent Utility Practices, such that the various operations

under anticipated operating conditions, result in operation of the Facilities at the capacity, efficiency,

reliability, safety and maintainability levels contemplated in the contract and shall in no way impair any

warranty or guarantee on equipment, materials or services relating to the Facilities including those being

furnished by Contractor under the contract.

10 THE ENGINEER-IN-CHARGE (for Site Work)

10.1 Role of Engineer-in-Charge

10.1.1 The duties of the Engineer-in-Charge are to watch and supervise the facilities being set up at site and to

test and examine any materials to be used or workmanship employed in connection with the facilities. To

eliminate delays and avoid disputes and litigation, all matters relating to installation of facilities at

Purchaser‟s site shall be referred to the Engineer-in-Charge for amicable resolution.

10.1.2 The Site work shall be performed under the direction and supervision of the Engineer-in-Charge. The

scope of the duties of the Engineer-in-Charge, pursuant to the Contract, will include but not be limited to

the following:

a) Interpretation of all the terms and conditions of these documents and specifications.

a) Review and interpretation of all the Contractor‟s drawings, engineering data etc.;

b) Witness or authorize his representative to witness tests and trials either at the manufacturer‟s works or

at site, or at any place where work is performed under the Contract;

c) Inspect, accept or reject any equipment, material and work under the Contract;

d) Issue certificate of acceptance, Certificate for progressive payment and final payment;

e) Review and suggest modifications and improvements in completion schedules from time to time;

f) Supervise the quality assurance programme implementation at all stages of the facilities, at Site.

10.2 Delegation by the Engineer-in-charge

10.2.1 The Engineer-in-Charge may from time to time, in writing, delegate to his Representative any of the

powers and authorities vested in the Engineer-in-Charge and shall furnish to the Contractor a copy of all

such written delegation of powers and authorities. Any written instruction or written approval given by

the Representative of the Engineer-in-Charge to the Contractor shall be taken as if same is issued by the

Engineer-in-Charge himself. However,

(a) any failure to disapprove any work, Plant or Materials shall not constitute approval, and shall

therefore not prejudice the right of the Engineer-in-charge to reject the work, Plant or Materials;

(b) if the Contractor questions any determination or instruction of the representative, the Contractor may

refer the matter to the Engineer-in-charge who shall promptly confirm, reverse or vary the

determination or instruction.

11 LAND AND SITE MOBILISATION

11.1 Land


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11.1.1 In respect of any land allotted to the Contractor for purposes of or in connection with the Contract as

provided herein below, the Contractor shall be a licensee subject to the following and such other terms

and conditions as may be imposed by licenser / Engineer-in-charge:

(i) That he shall pay a nominal license fee of Rs: 5/- per Hectare for plant site and Rs.200/- per Hectare

for colony per year or part of a year for use and occupation, in respect of each and every separate

area of land allotted to him.

(ii) That such use or occupation shall not confer any right of tenancy of the Land to the Contractor.

(iii) That the Contractor shall be liable to vacate the land on demand by the Engineer-in-charge.

(iv) That the Contractor shall have no right to any construction over this land without the written

permission of the Engineer-in-charge. In case, he is allowed to construct any structure he shall have

to demolish and clear the same before handing over the completed work unless agreed to the

contrary.

On completion of work, the Contractor shall handover the land duly cleaned to the Purchaser. Until and

unless the Contractor has handed over the vacant possession of land allotted to him for the above

purposes, the payment of his final bill shall not be made.

11.1.2 Land for Contractor's Office, Stores, workshop at site etc:

The Engineer-in-charge shall, at his discretion and for the duration of the Contract, make available land at

site, for construction of Contractor's field office, workshop, stores, open storage, fabrication and assembly

space, magazine for explosives in isolated locations, etc, required for execution of the Contract. Levelling

and dressing of site, any construction of temporary roads, offices, workshops etc as per plan approved by

the Engineer-in-charge shall be done by the Contactor at his own cost.

11.1.3 Land for Contractor's Colony

Land will be given, if available, by the Engineer-in-charge for the Contractor‟s colony. The Contractor

may indicate the requirement of land for the colony along with his tender. Land will be made available for

the period of Contract. The Contractor shall make his own arrangement for water supply, electric supply,

sanitation, access road and general cleanliness, of his colony. All these amenities shall be got approved by

the Engineer-in-charge prior to construction of the camp.

11.1.4 The Contractor shall not permit any of his or his Sub-Contractors employees to maintain any temporary or

permanent living quarters within the Site. No areas inside the Plant and residential area of Purchaser‟s

personnel shall be used as labour colony.

11.2 Possession of Site

11.2.1 The Contractor; shall be permitted to enter on (other than for inspection purposes) or take possession of

the site only when instructed to do so by the Engineer-in-Charge in writing. The portion of the Site to be

occupied by the Contractor shall be defined and /or marked on the Site Plan, failing which these shall be

indicated by the Engineer-in-Charge at site and the Contractor shall on no account be allowed to extend

his operations beyond these areas.

11.2.2 The Contractor shall provide, if necessary or if required on the Site, all temporary access thereto and shall

alter, adapt and maintain the same as required from time to time and shall take up and clear them away as


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and when no longer required and as and when ordered by the Engineer-in-Charge and make good all

damage done to the Site.

11.3 Site Mobilization by Contractor

11.3.1 The Workshop to be set up by the Contractor shall be of sufficient space, with concrete floors and

provided with adequate weather protection. The workshop shall consist of general fabrication shop, clean

shop for S.S. Fabrication etc, wherever applicable / required.

The size and arrangement of the machines, clean shop, general fabrication shop shall be got approved

from Engineer-in-charge. The prefabrication of SS pipelines, which are to be cleaned prior to installation,

shall be done in clean workshop and this area shall have storage space for prefabricated pipes.

11.3.2 The Contractor shall supply following information for space requirement along with the bid. Actual area

required shall be got approved from the Engineer-in-charge prior to setting up these facilities.

Max. area required for general storage - Sq. mtrs.

Max. area required for weather protected storage - Sq. mtrs.

Max area required for general fabrication shop - Sq. mtrs.

Max. area required for S.S. fabrication shop - Sq. mtrs.

Additional area requirement, if any - Sq. mtrs.

Total area required - Sq. mtrs.

11.4 Water Supply

11.4.1 Unfiltered Water Supply

The Contractor shall make his own arrangements for water required for the work and labour camp and

nothing extra will be paid for the same. This will be subject to the following conditions:

(i) The Contractor shall construct suitable storage tanks to meet at least 7 days requirement of water at

work site. To ensure adequate water supply at all levels on the facilities for the purpose of

construction, he shall install necessary pumps, for delivery of water at all levels with requisite

pressure. To ensure uninterrupted water supply in the event of power failure, contractor is directed to

install diesel pumps as a stand-by measure. The contractor shall at his own cost arrange to receive and

distribute the water and shall lay and maintain water supply lines to his construction site.

(ii) The water used by the Contractor shall be fit for construction purposes to the satisfaction of the

Engineer-in-Charge.

(iii) The Engineer-in-Charge shall-make alternative arrangements for supply of water at the risk and cost

of the Contractor if the arrangements made by the Contractor for procurement of water are in the

opinion of the Engineer-in-Charge, unsatisfactory.

(iv) Water supply to Labour Camp

The contractor shall make his own arrangement to receive, treat, test, pump and distribute the water

required for the labour camp. He shall construct at his own cost storage tank(s) of adequate capacity

to meet 4 days requirement. He shall also lay at his own cost the distribution lines and maintain the

same during the currency of the contract.

11.4.2 Departmental Water Supply


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Water, if available, may be supplied to the Contractor by the Purchaser at one point subject to the

following conditions:

(i) The contractor must indicate his year wise average and peak requirement of water for plant site.

(ii) The water charges as specified in SCC subject to revision from time to time, shall be recovered from

the Contractor.

(iii) The Contractor shall make his own arrangement of water connection and laying of pipelines from

existing mains of source of supply, and metering.

(iv) The Purchaser does not guarantee, to maintain uninterrupted supply of water and it will be incumbent

on the Contractor to make alternative arrangements for water at his own cost in the event of any

temporary breakdown in the Purchaser's water mains so that the progress of his work is not held up

for want of water. No claim of damage or refund of water charges will be entertained on account of

such breakdown.

11.4.3 The contractor shall ensure availability of potable quality of water required for all his requirements at all

times.

11.5 Electricity

11.5.1 Construction power supply will be from Purchaser‟s substation and will be made available to the

contractor at a nominal system voltage of 415volts 3 phase 4 wire 50 cycles.

11.5.2 It is to be clearly understood that disruption in power supply or non-availability of electricity shall not

entitle the Contractor for any claim for compensation either in time or money. The Contractor is advised

to make his own arrangements of diesel generators to meet his requirements of electrical power during

interruption in power supply and keep electrically operated equipment to the minimum in view of

uncertainty of 24 hours power supply. Temporary power supply as arranged by the contractor on his own

shall be provided for the bonafide construction purposes limited to the extent required for the job.

11.5.3 For the purpose of planning, the Contractor shall furnish along with his tender the estimated requirement

of electric power at plant site and the contractor‟s labour camp, for the execution of the work in terms of

maximum kW demand and also daily energy requirement in kWh.

11.5.4 Construction power supply

The construction power supply to the contractor will be made available subject to the following terms and

conditions:

i) This power supply shall not be used for any unauthorized purposes.

ii) The power will be supplied at maximum of four points for the composite contract at 415 V 3 phase 50

cycles or 230V single phase 50 cycles as the case may be. The contractor shall install his own switch

controls, cables etc. of adequate capacity of suitable type complying with all relevant regulations to

receive control and distribute the power involved. The exact location and further details about the

supply point will be decided by the Engineer-in-Charge whose decision in the matter will be final and

binding.

iii) The connected load shall not be less than 75% of the estimated load and the contractor shall have the

option to make changes in the connected load on max 6 (six) occasions at each point during the entire

period of contact. For the purpose of calculating minimum BHP calculation, loads connected at

various points will be taken into consideration.


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iv) The Purchaser shall meter the supply of power to the contractor at the points at which the supply is

given. For this purpose, the energy meter will be installed by the contractor on their distribution

panel. Contractor can also install actual Maximum Demand Meter on the incoming panel to ensure

that demand does not exceed the demand requested by the Contractor and Minimum BHP calculation

shall be done on Maximum Demand Meter reading. If any dispute on accuracy of meter, the meter in

dispute will be checked in the standard laboratory of the State Government and the meter will be

replaced if required. The fees levied by the Standard laboratory for testing the meter shall be charged

to the contractor. The Engineer may at his discretion replace any meter installed at the cost of

contractor, if found defective/faulty. It would be the contractor‟s responsibility to ensure the safety of

the meter and to ensure protection so that the meter is not tampered with. In case, it is found that the

meter has been tampered with, the supply will be disconnected and re-connection charges at State

Electricity Board rates per BHP will be charged. In case the meter is found faulty, the charges will be

recovered on the basis of average consumption for the preceding 6 months.

v) The contractor shall make his own arrangements for the distribution of power to all his works from

the points of supply mentioned in (b) above.

vi) It shall be the responsibility of the contractor to provide and maintain complete installation on the

load side of the supply with due regard to safety requirements at site. All cabling and installations

shall be subject to the approval of the Engineer/ Safety Engineer and shall comply in all respects to

the appropriate statutory requirements given in the following:

- Indian Electricity Act, 1910 (as amended)

- Electricity Supply Act, 1910 (as amended)

- Indian Electricity Rules 1956 (as amended)

- Latest State Electricity Board regulations

For this purpose, the contractor shall provide full specifications of the equipment and the layout

drawings. Approval of the Engineer-in-charge does not absolve the contractor from complying with

any or all other conditions laid down in this section.

vii) The power supply shall be subject to all such restrictions and regulations as are in existence now and

as may be enforced by the Purchaser/ Government/ State Electricity Board/ or by any other competent

authority from time to time for which the contractor will not have any claim whatsoever.

viii) The contractor shall maintain a power factor of not less than 0.9 by installing if necessary at his own

cost suitable corrective devices. The contractor‟s failure in this regard within a period as stipulated by

the Engineer-in-charge shall lead to disconnection of Power Supply. The individual, single-phase

loads shall be suitably connected so that the total load at the supply point balances as much as

possible.

ix) The Purchaser will not be liable for any loss or damage to the contractor‟s equipment as a result of

variations in voltage or frequency or interruptions planned or unplanned in power supply. The

Purchaser will also not be liable for any loss to the contractor arising from any interruption, failure or

stoppage of works and any attendant delays consequent on such failure, interruption or stoppage of

power supply or variation voltage or frequency. The contractor shall install all safety devices for such

purpose as deemed fit by him.


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x) After completion of the works, the contractor shall at his own cost promptly dismantle the distribution

and other facilities he may have erected.

xi) Recoveries for the power supplied for construction purposes shall be made from the running account

bills of the contractor at the rates specified in SCC subject to revision with a minimum of 30 units per

month per BHP connected load/ Maximum Demand.

11.5.5 Domestic Power Supply

a) Domestic low tension power supply required for the contractor‟s colony at a location as allotted by

the Engineer will be made available at a single point at a nominal system voltage 415V 3 phase 4 wire

50Hz and 230V single phase 50Hz etc. The contractor shall make his own arrangements for

distribution of power to the occupants of the colony. After completion of works, the contractor shall

at his own cost, promptly dismantle the distribution and other facilities he may have erected. Power

for the labour camp/ contractor‟s colony will be supplied at one point and adequate lighting facilities

such as flood lights, hand lights and area lighting shall be provided by the contractor at his own cost

at contractor‟s colony/ labour camp. The contractor shall obtain the approval of Engineer to such

lighting arrangements, prior to installation.

b) The Contractor shall note that GCC sub-clause no. 11.5.4 (i) to (x) shall apply to domestic power

supply also.

c) The charges for power supply to contractor‟s colony shall be recovered at the prevailing rate from the

running account bills of the contractor.

11.6 Telecommunication Facilities

11.6.1 Contractor shall install and maintain for the duration of the Project a temporary, but reliable, telephone

system for voice and data communications at the site and also for other project Offices of the Contractor.

The Contractor shall also establish adequate e-mail connections at their site office.

11.7 Tools, Plants & Equipments for Site Work

11.7.1 The Contractor shall arrange at his own expense all tools, plant and equipment (here in after referred to as

T&P) required for execution of the work. All Contractor‟s Equipments brought by the Contractor onto the

Site shall be deemed to be intended to be used exclusively for the execution of the Contract. The

Contractor shall not remove the same from the Site without the Engineer-in-charge‟s consent that such

Contractor‟s Equipment is no longer required for the execution of the Contract.

11.7.2 Unless otherwise specified in the Contract, upon completion of the Facilities, the Contractor shall remove

from the Site all Contractor‟s Equipment brought by the Contractor onto the Site.

11.7.3 It is not the intent of Purchaser to issue T&P to contractor for the execution of work. However, in case of

extreme emergency and request made by Contractor, Purchaser can issue the necessary T&P (if the same

can be spared) on chargeable basis. The standard rates and conditions of Purchaser for issue of such items

shall be applicable.

11.7.4 The hire charges payable by the Contractor shall be recovered from the Contractor's bills.


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11.8 Supply of Erection & Commissioning Consumables by the Contractor

11.8.1 The Contractor shall, at his own expense, provide all materials required for the erection, commissioning,

inspection and testing other than those, which are to be supplied by the Purchaser.

All charges on account of octroi, royalty, terminal excise duty, customs duty, sales tax and other taxes and

duties on materials obtained for the erection & commissioning from any source (excluding materials

supplied by the Purchaser) shall be borne by the Contractor.

If pursuant to or under any law, notification or order any royalty, cess or the like becomes payable by the

Purchaser and does not any time become payable by the Contractor to the Government/Local authorities

in respect of any material used by the Contractor in the E&C then in such a case, it shall be lawful to the

Purchaser and it will have the right and be entitled to recover the amount paid in the circumstances as

aforesaid from dues of the Contractor.

11.8.2 All materials to be provided by the Contractor shall be in conformity with the specifications laid down in

the Contract and the Contractor shall, if requested by the Engineer- in Charge, furnish proof to the

satisfaction of Engineer-in-Charge that the materials so comply.

11.8.3 The Contractor shall, at his own expense and without delay, supply to the Purchaser, the samples of

materials, proposed to be used in the erection & commissioning. The Engineer-in-charge shall, within

seven days of supply of samples or within such further period as he may require, intimate to the

Contractor in writing, whether samples are approved by him or not. If samples are not approved, the

Contractor shall forthwith arrange to supply to the Engineer-in-charge for his approval fresh samples

complying with the specifications laid down in the Contract.

11.8.4 The Engineer in-Charge shall be entitled to have tests carried out as specified in the Contract for any

materials supplied by the Contractor other than those for which, satisfactory proof has already been

furnished, at the cost of the Contractor and the Contractor shall provide at his expense all facilities, which

the Purchaser may require for the purpose. If no tests are specified in the Contract and such tests are

required by the Engineer-in-charge, the Contractor shall provide all facilities required for the purpose and

the Purchaser shall bear the cost of material and test charges, only where the tests disclose that the said

materials are in accordance with the provisions of the Contract.

11.8.5 The Engineer-in-charge shall have full powers to require removal of any or all of the materials brought to

Site by the Contractor which are not in accordance with the Contract specifications or do not conform in

character or quality to samples approved by him. In case of default on the part of the Contractor in

removing rejected materials, the Purchaser shall be at liberty to have them removed by other means. The

Engineer-in-charge shall have full powers to procure other proper materials to be substituted for rejected

materials and in the event of the Contractor refusing to comply, he may cause the same to be supplied by

other means. All costs, which may attend upon such removal and/or substitution, shall be borne by the

Contractor.

11.8.6 The Purchaser's officials concerned with the Contract shall be entitled at any time to-inspect and examine

any materials intended to be used in or on the facilities, either on the Site or at factory or workshop or

other place(s) where such materials are assembled, fabricated, manufactured or at any place(s) where

these are lying or from which these are being obtained and the Contractor shall give such facilities as may

be required for such inspection and examination.


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11.8.7 All materials brought to the Site shall become and remain the property of the Purchaser and shall not be

removed off the Site without the prior written approval of the Engineer-in-charge. But, whenever the

Facilities are finally completed, the Contractor shall at his own expense forthwith remove from the Site all

surplus material originally brought by him and upon such removal, the same shall revest in and become

the property of the Contractor.

11.9 Supply of Erection and Commissioning Consumables by the Purchaser

11.9.1 Materials to be supplied by the Purchaser, if any, are shown in the Technical Specifications of the Tender,

along with rate(s) to be charged in respect thereof.

11.9.2 If, after acceptance of the tender, the Contractor desires the Purchaser to supply any other materials, such

materials may be supplied by the Purchaser, if available, at rates to be fixed by the Purchaser. The

Purchaser reserves the right not to issue any such materials. The non-issue of such materials will not

entitle the Contractor any compensation whatsoever either in time or in cost.

11.9.3 The Purchaser may issue all the materials to be issued to the Contractor under the Contract, at its Site

stores, or nearest railhead. In case the materials are issued at the nearest railhead the cost of transportation

only from such railhead to the Site will be borne by the Purchaser, subject to the reasonableness of such

transportation cost being certified by the Engineer-in-charge. All other costs such as loading, unloading,

transportation to Contractor's godown, storage etc. till the materials is incorporated in the Facilities or

returned to the Purchaser shall be to the account of the Contractor.

11.9.4 For the materials, which the Purchaser has agreed to supply, the Contractor, shall give a reasonable notice

in writing of his requirements to the Engineer-in Charge in accordance with the agreed phased

programme. Such materials shall be supplied for the purposes of the Contract only and the Value of

materials so- supplied at the rates specified in the aforesaid schedule shall be set off or deducted, from any

sums then due or which may thereafter become due to the Contractor.

12 CONTRACTORS’S STAFF AND LABOUR FOR SITE WORK

12.1 Engagement of Staff and Labour

12.1.1 The Contractor shall provide and employ on the Site in the installation of the Facilities such skilled, semi-

skilled and unskilled labour as declared at the time of submission of Tender document and/or as is

necessary for the proper and timely execution of the Contract. The Contractor is encouraged to use local

labour that has the necessary skills. The Contractors personnel shall be appropriately trained, qualified

and experienced in their respective trade or occupancies.

12.1.2 The contractor is advised to give preference in employment to project affected persons and their

families/persons whose lands/houses have been acquired for setting up the project. The bonafide persons

shall apply to the Contractor and shall be certified by the Purchaser, if required.

12.1.3 The Contractor shall employ labour in sufficient numbers to maintain the required rate of progress and of

quality to ensure workmanship of the degree specified in the Contract and to the satisfaction of the

Engineer-in-Charge. The Contractor shall not employ in connection with the facilities any person who has

not completed eighteen years of age.

12.1.4 Unless otherwise provided in the Contract, the Contractor shall be responsible for the recruitment,

transportation, accommodation and catering of all labour, local or expatriate, required for the execution of

the Contract and for all payments in connection therewith.


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12.1.5 The Contractor shall not permit any of his or his Sub-Contractors employees to maintain any temporary or

permanent living quarters within the structures forming part of the Facilities. No areas inside the Plant and

residential area of Purchaser‟s personnel shall be used as labour colony.

12.5.6 The Contractor‟s employees shall wear identification badges while on work at Site.

12.2 Rates of Wages and Conditions of Labour

12.2.1 The Contractor shall pay to labour employed by him either directly or through sub-contractors wages in

accordance with the rules, regulations and the law in force relating to the payment of wages for the

workers.

12.2.2 The wages paid to the labourer shall not be less than those fixed by the Government (State/Central

whichever is more) from time to time. Increase in the wages due to any statutory act or by rules framed

thereunder by the State/Central Government or by local authorities during the currency of the contract or

during any valid period of extension of contract shall not be considered for any reimbursement or extra

claim. The Contractor is deemed to have taken this aspect in his unit rates for various items of work

covered under this contract.

12.2.3 The Contractor shall intimate the Purchaser well in advance the date of payment to the workers. A

representative on behalf of the Engineer-in-charge shall be present at the time of payment distribution.

Contractor shall obtain certificate of witness of payment by representative of the Engineer-in-charge.

12.3 Persons in the Service of Purchaser and other contractors

12.3.1 The Contractor shall not recruit, or attempt to recruit, staff and labour from amongst the Purchaser‟s

Personnel without prior approval of the Purchaser.

12.3.2 The Contractor shall not recruit, on either full-time or part-time basis, the staff and labour from other

contractors, working with the Purchaser, without prior approval of the Purchaser.

12.4 Labour Laws

12.4.1 During continuance of the contract, the Contractor and his sub-contractors shall abide at all times by all

existing labour enactment and rules made thereunder, regulations, notifications and bye laws of the State

or Central Government or local authority and any other labour law (including rules, regulations and bye

laws that may be passed or notification that may be issued or any revision under any labour law in future

either by the State or Central Government or the local authority). The Contractor shall keep the Purchaser

indemnified, in case any action is taken against the Purchaser by the competent authority on account of

contravention of any of the provisions of any Act or rules made thereunder, regulations or notifications

including amendments.

12.4.2 If the Purchaser is caused to pay or reimburse any amounts as may be necessary to cause or observe, or

for non-observance of the provisions stipulated in the notifications / bye laws / Acts / Rules / regulations

including amendments, if any, on the part of the Contractor, the Purchaser or his representative shall have

the right to deduct such amount and a penalty of 50% of such amount from any money due to the

Contractor including performance security. The Purchaser or his representative shall also have right to


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recover from the Contractor any sum required or estimated to be required for making good the loss or

damage suffered by the Purchaser on account of non-compliance of labour laws.

12.4.3 In the event of the Contractor committing a default or breach of any of the provisions of the aforesaid

contractor's labour regulations as amended from time to time or furnishing any information or submitting

or filling any Form / Register / Slip under the provisions of these regulations which is materially

incorrect, then on the Report of the Inspecting Officer as defined in the respective contractor‟s labour

regulations, the Contractor shall without prejudice to any other liability pay to the Purchaser a sum not

exceeding Rs. 5,000/- for every default, breach or furnishing, making, submitting, filling, such materially

incorrect statement and in the event of the Contractor's default continuing in this respect, the penalty may

be enhanced by additional Rs. 500/- per day for each day of default subject to a maximum of five percent

of value of the Purchase Order covering Site work. The Purchaser shall deduct such amount from bills or

Performance Security Bond of the Contractor. The decision of the Purchaser in this respect shall be final

and binding.

12.4.4 The employees of the Contractor and the Sub-contractor in no case shall be treated as the employees of

the Purchaser at any point of time.

12.4.5 List of some of the Major laws applicable to entity engaged in building and other construction / erection

works are listed below. For details, latest versions of relevant Acts and laws should be referred.

Workmen Compensation Act, 1923

Payment of Gratuity Act, 1972

Employees Provident Fund and Miscellaneous Provision Act, 1952

Maternity Benefit Act, 1951

Contract Labour (Regulation & Abolition) Act, 1970

Minimum Wages Act, 1948

Payment of Wages Act, 1936

Equal Remuneration Act, 1979

Payment of Bonus Act, 1965

Industrial Disputes Act, 1947

Industrial Employment‟s (Standing Orders) Act, 1946

Trade Unions Act, 1926

Child Labour (Prohibition & Regulation) Act, 1986

Inter-State Migrant workmen‟s (Regulation of Employment & Conditions of Service) Act, 1979

The Building and Other Construction workers (Regulation of Employment and Conditions of Service)

Act, 1996 and the Cess Act, 1996

Factories Act, 1948

Employees State Insurance Act, 1948

12.4.6 Contractor shall at his own expense comply with or cause to be complied with the rules framed by the

Government from time to time for the protection of health and for making sanitary arrangements for

workers employed directly or indirectly on the facilities. In case the Contractor fails to make

arrangements as aforesaid, the Purchaser shall be entitled to do so and recover the cost thereof from the

Contractor.


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12.4.7 The Contractor shall be liable to pay his contribution and the employees contribution to the State

Insurance Scheme in respect of all labour employed by him for the execution of the Contract, in

accordance with the provisions of "The Employees State Insurance Act, 1948" as amended from time to

time. In case the Contractor fails to submit full details of his account of labour employed and the

contribution payable, the Purchaser shall recover from the running bills of Contractor an amount of

contribution as assessed by him. The amount so recovered shall be adjusted against the actual contribution

payable for Employees State Insurance.

12.4.8 The Purchaser shall, on a report having been made by an Inspecting Officer as defined in the Contractor's

Labour Regulations, have the power to deduct from the moneys due to the Contractor any sum required

or estimated to be required for making good the loss suffered by a worker(s) by reason of non-fulfilment

of the conditions of the Contract for the benefit of worker(s), non-payment of wages or of deductions

made from his or their wages which are not justified by the terms of the Contract or non-observance of the

said Contractors Labour Regulations.

12.4.9 In every case in which by virtue of Indian labour laws, the Purchaser is obliged to the pay compensation,

wages or other dues to a workman employed by the Contractor, in execution of the Facilities, the

Purchaser will recover from the Contractor the amount of the compensation, wages or other dues so paid.

The Purchaser shall be at liberty to recover such amount or any part thereof by deducting it from the

Contractor‟s bill or the Performance Security Bond or from any sum-due by the Purchaser to the

Contractor whether under this contract or otherwise.

12.4.10 The Purchaser shall not be bound to contest any claim made against it under any of the labour laws in

respect of labour engaged by the Contractor for execution of the Facilities under the Contract, except on

the written request of the Contractor and upon his giving to the Purchaser full security for all costs for

which the Purchaser might become liable in consequence of contesting such claim.

12.5 Working Hours

12.5.1 No work shall be carried out on the Site outside the normal working hours or on the locally recognized

days of rest or local festivals / holidays, unless:

i) Contract so provides, or

ii) Work is unavoidable, or necessary for the saving of life or property or for the safety of the

Facilities, in which case the Contractor shall immediately advise the Engineer-in-charge, or

iii) The Engineer-in-charge gives his consent.

12.6 Facilities for Staff and Labour

12.6.1 Unless otherwise stated, the Contractor shall provide and maintain all necessary accommodation and

welfare facilities for the Contractor‟s Personnel. Model Rules for Labour Welfare, as annexed shall be

referred in this regard.

12.7 Removal of Contractor’s Personnel

12.7.1 The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or

disorderly conduct by or amongst the Contractor‟s Personnel, and to preserve peace and protection of

persons and property on and near the Site.


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12.7.2 The Engineer-in-charge may require the Contractor to remove (or cause to be removed) any person

employed on the Site or Facilities, including the Contractor's Representative, who in the opinion of the

Engineer-in-charge:

i) Persists in any misconduct,

ii) Is incompetent or negligent in the performance of his duties, iii) Fails to conform with any provisions

of the contract;

iii) Persists in any conduct which is prejudicial to safety, health, or the protection of the environment; or

iv) Other good and sufficient reasons.

12.7.3 Purchaser's reasonable determination of what constitutes "good and sufficient reasons" for removing any

of such persons shall be conclusive. "Good and sufficient reasons" shall also include any violation of

applicable laws or applicable permits, any default in the performance of any obligations hereunder, and

any failure to adhere to prudent utility practice. If appropriate or required by the Purchaser, the Contractor

shall then appoint (or cause to be appointed) a suitable replacement person acceptable to Purchaser.

12.7.4 Any of the Contractor‟s or Sub-contractor‟s personnel removed under this clause shall not be again

employed upon the Facilities without permission of the Purchaser. The contractor shall then appoint a

suitable replacement person.

12.8 Records of Contractor’s Personnel

12.8.1 The Contractor shall furnish to the Engineer-in-Charge, monthly plan for trade-wise training and

deployment of workers along with a statement on the same for the previous month on the 7th of every

month to the Engineer in-charge. Along with this return, the contractor shall also submit a statement of

number of local people employed to the Purchaser.

12.8.2 The Contractor shall also submit on the 7th day of every month to the Purchaser a true statement showing

in respect of the preceding month,

(i) the accidents that occurred during the said month showing the circumstances under which they

happened, the extent of damage and injury caused by them and

(ii) the number of female workers who have been allowed maternity benefit as provided in the Maternity

Benefit Act, 1961 or Rules made there under and the amount paid to them.

12.8.3 The Contractor shall keep complete and accurate records of the employment of labour at the Site. The

records shall include the names, ages, genders, hours worked and wages paid to all workers. These

records shall be summarized on a monthly basis and submitted to the Purchaser and these records shall be

available for inspection by Auditors during normal working hours.

12.9 Foreign Staff and Labour

In addition to GCC clause nos. 12.1 to 12.8, the following sub-clauses will also be applicable to foreign

staff and labour:

12.9.1 The Contractor may subject to Applicable Laws to import and employ such staff, artisans, and labourers

as are required in order to execute the Facilities.


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12.9.2 The Contractor shall ensure that all such staff and labour are provided with the required residence visa and

work permits as governed by the relevant Applicable Laws and government regulations in force from time

to time and to keep them in full force.

12.9.3 The Contractor shall be responsible for the return of all such staff and labour to the place from where they

were recruited or to their domicile. The Contractor shall be responsible for such persons as are to be

returned until they shall have left the Site, or in the case of foreign nationals, who have been recruited

outside the country, shall have left the country.

12.9.4 The Contractor shall also provide suitable temporary maintenance of all such persons from the cessation

of their employment on the Contract to the date programmed for their departure. In the event that the

Contractor defaults in providing such means of transportation and temporary maintenance, the Purchaser

may provide the same to such personnel and recover the cost of doing so from the Contractor

12.9.5 In the event of the death in the India any of these personnel or members of their families, the Contractor

shall similarly be responsible for making the appropriate arrangements for their return or burial.

13 SITE RELATED OTHER RESPONSIBILITIES

13.1 Notice to Local Bodies

13.1.1 Contractor shall comply' with and give all notices required under any Governmental authority, instrument,

rule or order made under any Act of Parliament, State Laws or any regulation or bye-laws of any local

authority relating to the Facilities.

13.2 Rights of Way & Facilities

13.2.1 The Purchaser shall provide access to and possession of the Site including special and/or temporary

rights-of-way, which are necessary for the Facilities. The Contractor shall also obtain, at his risk and cost,

any additional facilities outside the Site, which he may require for the purpose of the Facilities.

13.3 Access Route

13.3.1 The Contractor shall be deemed to have been satisfied as to the suitability and availability of access routes

to the Site. The Contractor shall use reasonable efforts to prevent any road or bridge from being damaged

by the Contractor‟s traffic or by the Contractor‟s Personnel. These efforts shall include the proper use of

appropriate vehicles and routes.

Except as otherwise stated in these Conditions:

(a) the Contractor shall (as between the Parties) be responsible for any maintenance which may be

required for his use of access routes;

(b) the Contractor shall provide all necessary signs or directions along access routes, and shall obtain any

permission which may be required from the relevant authorities for his use of routes, signs and

directions;

(c) the Purchaser shall not be responsible for any claims which may arise from the use or otherwise of

any access route;

(d) the Purchaser does not guarantee the suitability or availability of particular access routes; and

(e) Costs due to non-suitability or non-availability, for the use required by the Contractor, of access routes

shall be borne by the Contractor.


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13.4 Avoidance of Interference

13.4.1 The Contractor shall not interfere unnecessarily or improperly with:

(a) the convenience of the public, or

(b) the access to and use of all roads and footpaths, irrespective of whether they are public or in the

possession of the Purchaser or of others.

13.4.2 The Contractor shall indemnify and hold the Purchaser harmless against and from all damages, losses and

expenses (including legal fees and other expenses) resulting from any such interference.

13.5 Fire Fighting

13.5.1 The contractor and his employees should control their activities to minimize the storage and use of

combustible materials and to reduce the sparks as well as ensure that all necessary precautions are taken

to avoid initiation of fire in his area of work or in surrounding areas.

13.5.2 The contractor shall ensure effective work permit system for welding and cutting operation and take all

preventive actions to avoid fire.

13.5.3 The Contractor will make his own arrangements for fire-fighting including providing water and other

requirements both at the project site and labour camp at his own cost. The equipment required for this

purpose will be installed and maintained by the contractor during the entire construction period till the

Facilities are handed over to NPCIL authority. The Contractor will ensure adequate training to his

personnel on fire fighting.

13.5.4 In case of an emergency, the contractor shall allow the Purchaser to use his fire fighting system for

protecting equipment, Facilities and material belonging to the Purchaser or other agencies at Site.

13.5.5 Notwithstanding this, the contractor shall be entirely responsible for the consequences arising due to fire

during currency of this Contract and no payment will be made or no claim will be entertained on any

account by the Purchaser.

13.5.6 The Contractor shall furnish along with the tender, the details of the fire protection measures that he

proposes to adopt during the work executions. Later the contractor shall submit his fire protection scheme

for approval by the Engineer-in-charge.”

13.6 Security of the Site

13.6.1 The contractor shall follow at site all security rules as may be framed by the Purchaser from time to time

regarding movement of materials and equipment to and from site, issue of identity cards, control of entry

of personnel and all similar matters. The contractor and his personnel shall abide by all security measures

imposed by the Engineer-in-Charge or his duty authorized representative from time to time. The

contractor shall also follow all rules and regulations applicable to the area being declared / pronounced

from time to time by the authorities or authority of existing Nuclear Power Station in the vicinity or any

other statutory orders. Nothing extra will be payable on account of stoppage/hindrance of the work due to

the enforcement of security measures / emergency conditions.


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13.6.2 The contractor, his employees and agents shall not disclose any information or drawings furnished to him

by the Purchaser. Any drawings, reports and other information prepared by the contractor or by the

Purchaser or jointly by both for execution of the contract shall not be disclosed without prior written

approval of the Engineer.

13.6.3 No photographs of the Facilities or plant within site premises shall be taken without prior written

permission of the Engineer.

13.6.4 The contractor will have to make own arrangement for security guards to ensure proper safe guards for

material under his control and for his establishment. He may have to liaison with local police and

Purchaser‟s security.

13.7 Watch, Ward and Lighting

13.7.1 The Contractor shall provide and maintain at his own expense all lights, guards, fencing and watching

when and where necessary or required by the Purchaser for protection of the Facilities or for the safety

and convenience of those employed on the Facilities or the public.

13.8 Site Drainage

13.8.1 All water which may accumulate on the Site during the progress of the Facilities, or in trenches and

excavations shall be removed from the Site to the satisfaction of the Purchaser and at the Contractor's

expense.

13.9 Treasure, Trove, Fossils, etc.

13.9.1 All fossils, coins, articles of value or antiquity, and structures and other remains or things of geological or

archaeological interest found on the Site shall be placed under the care and authority of the Engineer-in-

charge. The Contractor shall take reasonable precautions to prevent Contractor‟s Personnel or other

persons from removing or damaging any of these findings.

13.9.2 The Contractor shall, immediately upon discovery of any such articles, promptly give notice to the

Engineer-in-charge who shall issue instructions for dealing with it. If the Contractor suffers delay and/or

incurs Cost for complying with the instructions, the Contractor shall give a further notice to the Engineer-

in-charge and shall be entitled for:

(a) an extension of time for any such delay, if completion is or will be delayed, under GCC sub-clause

20.1 [Extension of Time for Completion], and

(b) the payment which is mutually agreed based on the claim made by the contractor and the proper

supporting documents.

13.9.3 After receiving this further notice, the Engineer-in-charge shall proceed to agree or determine these

matters.

13.10 Materials obtained from Excavation

13.10.1 Materials of any kind obtained from dismantling of a structure, excavation on the Site, etc. shall remain

the property of the Purchaser and shall be disposed off as the Engineer-in-charge may direct.

13.11 Protection of the Environment


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13.11.1 The Contractor shall take all reasonable steps to protect the environment (both on and off the Site) and to

limit damage and nuisance to any people and property resulting from pollution, noise and other results of

his operations.

13.11.2 The Contractor shall ensure that emissions, surface discharges and effluent from the Contractor‟s

activities shall not exceed the values stated in the Specification, if any, or prescribed by applicable Laws.

13.12 Plantation and Protection of Trees

13.12.1 The Contractor shall plant trees as mentioned in the Contract of different species suitable for the soil

condition at site in an area identified by the Engineer-in-charge and shall maintain the same including

periodic watering till completion of work at no extra cost to the Purchaser. The tree plantation work shall

be completed within six months from the date of site mobilisation by the Contractor.

13.13.2 Trees designated by the Engineer-in-charge shall be protected from damage during the course of the

Facilities and earth level within 1 metre of each such tree shall not be changed. Where necessary, such

trees shall be protected by providing temporary fencing. Where tree cutting is involved, procedures as

directed by the Engineer-in-charge shall be complied with.

13.14 Nuisance

13.14.1 The Contractor shall not at any time do, cause or permit any nuisance on Site or do anything, which shall,

cause unnecessary disturbance or inconvenience to the owners, tenants or occupants of other properties

near the Site and to the general public.

13.15 Co-operation with other Contractors

13.15.1 The Contractor shall, in accordance with the requirements of the Purchaser, extend all reasonable co-

operation to other contractors engaged contemporaneously on separate contracts in connection with the

facilities and for departmental labour and labour of any other authorized agency or statutory body which

may be employed at the Site for execution of any work not included in the Contract or of any contract

which the Purchaser may enter into in connection with or ancillary to the facilities.

13.15.2 The Contractor shall also so arrange to perform his work as to minimize, to the maximum extent possible,

interference with the work of other Contractors and his workmen. Any injury or damage that may be

sustained by the employees of the other Contractors and the Purchaser, due to the Contractor‟s work shall

promptly be made good at his own expense. The Purchaser shall determine the resolution of any

difference or conflict that may arise between the Contractor and other Contractors or between the

Contractor and the workmen of the Purchaser in regard to their work. If the facility of the Contractor is

delayed because of any acts of omission of another Contractor, the Contractor shall have no claim against

the Purchaser on the account other than an extension of time for completing his facilities.

13.15.3 The Engineer-in-charge shall be notified promptly by the Contractor of any defects in other Contractor‟s

works that could affect the Contractor‟s works. The Engineer-in-charge shall determine the corrective

measures if any, required to rectify this situation after inspection of the facilities and such decisions by the

Engineer-in-charge shall be binding on the Contractor.

13.15.4 The Engineer-in-charge shall hold periodic meetings with the contractors working at Site, at a time and a

place to be designated by him. The Contractor shall attend such meetings and shall strictly adhere to the

decisions taken during the meeting in performing his works.


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13.15.5 The field activities of the contractors working at Site will be coordinated by the Engineer-in-charge and

his decision shall be final in resolving any disputes or conflicts between the Contractor and other

contractors regarding scheduling and co-ordination of work.

13.16 Health and Safety

13.16.1 The Contractor shall at all times take all reasonable precautions to maintain the health and safety of the

Contractor‟s Personnel. The Contractor shall ensure minimum first-aid arrangements available at all times

at the Site and other arrangements in collaboration with local health authorities like medical staff, sick

bay, ambulance, etc. The Contractor shall also make suitable arrangements for necessary welfare and

hygiene requirements and for the prevention of epidemics. In case the Contractor fails to make

arrangements as aforesaid, the Purchaser shall be entitled to do so and recover the cost thereof from the

Contractor.

13.16.2 The Contractor shall at his own expense arrange for Compliance of “Contract Conditions for Industrial

Safety” as appended to this GCC or as required by the Purchaser in respect of all labour directly or

indirectly employed, for performance of the Facilities and shall provide all facilities in connection

herewith. In case the Contractor fails to comply with these conditions, the Purchaser shall be entitled to

take steps as necessary to ensure compliance and recover the cost thereof from the Contractor

13.17 Site Clearance

13.17.1 Site Clearance in Course of Performance: In the course of carrying out the Contract, the Contractor shall

keep the Site reasonably free from all unnecessary obstruction, store or remove any surplus materials,

clear away any wreckage, rubbish or temporary Facilities from the Site, and remove any Contractor‟s

Equipment no longer required for execution of the Contract.

13.17.2 Clearance of Site after Completion:

a) After Completion of all parts of the Facilities, the Contractor shall clear away and remove all

wreckage, rubbish and debris of any kind from the Site, and shall leave the Site and Facilities clean

and safe. After Completion of all parts of the Facilities, the Contractor shall also remove manpower

employed by the contractor and the temporary labour camps/ structures for accommodation of

workers, supervisors, representatives, agents, sub-contractor‟s workmen etc.

b) If all these items have not been removed within 30 days after receipt by the Contractor of the

Operational Acceptance Certificate, the Purchaser may sell or otherwise dispose of any remaining

items. The Purchaser shall be entitled to be paid the costs incurred in connection with, or attributable

to, such sale or disposal and restoring the Site.

14 SETTING OUT

14.1 Setting out the work

14.1.1 The Engineer-in-Charge shall provide dimensioned drawings, levels, benchmarks, reference marks and

lines to the Contractor. The Contractor shall be responsible for the true and proper setting-out of the

Facilities in relation to benchmarks, reference marks and lines provided to it in writing by or on behalf of

the Purchaser.


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14.1.2 The Contractor shall protect and preserve all benchmarks used in setting out the facilities till the end of

Defect Liability Period unless Engineer-in-Charge directs their earlier removal.

14.1.3 If, at any time during the progress of installation of the Facilities, any error shall appear in the position,

level or alignment of the Facilities, the Contractor shall forthwith notify the Engineer-in-Charge of such

error and, at its own expense, immediately rectify such error to the reasonable satisfaction of the

Engineer-in-Charge. If such error is based on incorrect data provided in writing by or on behalf of the

Purchaser, the expense of rectifying the same shall be borne by the Purchaser.

14.2 Contractor’s Supervision

14.2.1 The Contractor shall give or provide all necessary superintendence during the installation of the Facilities

and as long thereafter as is necessary to fulfil the Contractor‟s obligations. The Construction Manager or

his deputy shall be constantly available on the Site to provide full-time superintendence of the installation.

The Contractor shall provide and employ only technically qualified personnel who are skilled and

experienced in their respective callings and supervisory staff who are competent to adequately supervise

the work at hand.

15 MEASUREMENTS AND RECORD FOR SITE WORK

15.1 Procedure

15.1.1 The contractor shall submit approved copies of following to the Engineer-in-charge:

a) Welding Procedure (5 copies)

b) Welder Qualification Records (2 copies)

c) Procedure for NDT (5 copies)

d) Qualification certificate of the personnel performing NDT (2 copies)

e) Handling, Cleaning & Erection Procedure

f) Any other procedure required for execution of various jobs

g) Corporate QA manual and site QA manual

h) Corporate Safety Manual and Construction Safety Manual

i) Training Modules for various category of jobs

15.1.2 Further, where complexity of work on safety is involved, the contractor shall submit written procedure,

where requested by the Engineer-in-charge and will also carry out the mock up.

15.2 Planning and Progress Review

15.2.1 The Contractor should submit weekly, fortnightly and monthly planning charts, manpower and material

reports and any other reports considered necessary by the Engineer-in-Charge. The manpower charts

should clearly indicate the manpower deployed, category details, specifying also the activities in which

they are engaged.

15.2.2 The Contractor shall arrange for weekly erection progress review meetings with the Engineer-in-Charge

during which the actual progress during the week vis-à-vis scheduled programme shall be pin-pointed and

the Contractor shall indicate the corrective actions already initiated as well as those he proposes to

initiate. The programme for the subsequent week shall be presented by the Contractor for discussion,

review and approval by the Engineer-in-Charge. The Contractor shall constantly update/revise his work

programme to meet the overall requirement as stipulated.


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15.2.3 The contractor shall submit every week to the Engineer-in-charge 3 copies of following reports:

a) Progress Report as per the items in Schedule Of Quantities & Rates.

b) Welders Performance & Qualification records.

In addition to above, the following reports shall be submitted to the Engineer every month:

a) Monthly Progress Report

b) Three Monthly Planning Report

All reports shall be in tabulated form indicated by the Engineer-in-charge.

15.3 Records

15.3.1 The contractor shall maintain records pertaining to the quality of work & inspection attesting compliances

with all technical requirements. These records shall be in suitable format indicated by the Engineer-in-

charge. The contractor shall submit copies of such records to the Engineer-in-charge within 7 days prior

to submitting bill for progress payment / completion of any particular work.

15.3.2 The reports concerning welding, alignment of equipment, flanges etc. is included in this category for

material supplied, erected by him. The contractor shall forward to the Engineer-in-charge one copy of

test certificates pertaining to the origin & specification of materials.

15.4 Method of Measurement

15.4.1 The Engineer-in-Charge shall, except as otherwise stated, ascertain and determine by measurement the

value of work done in accordance with the Contract.

15.4.2 Except where any general or detailed description of the work expressly shows to the contrary,

measurements shall be taken in accordance with the procedure set forth in the Technical Specifications,

not withstanding any provision in the relevant Standard Method of Measurement or any general or local

custom. In the case of items which are not covered by the Schedule of Rates / Technical Specification,

measurement shall be taken in accordance with the relevant Standard Method of Measurement issued by

the Bureau of Indian Standards and if for any item no such standard is available, then a mutually agreed

method shall be followed

15.4.3 All items having a financial value shall be entered in Measurement Book/ Computerized measurements,

Level Book etc. prescribed by the Engineer-in-charge so that a complete record is obtained of all work

performed under the Contract.

15.4.4 Measurement shall be taken jointly by the Engineer-in-Charge or his authorized representative and by the

Contractor or his authorized representative from time to time.

15.4.5 Before taking measurements of any work, the Engineer-in-Charge or his authorized representative shall

give a reasonable notice to the Contractor. If the Contractor fails to attend or send his authorized

representative for measurement after such a notice or fails to counter-sign or to record his objections with

in a week from the date of measurement, then in any such event, measurements taken by the Engineer-in-

Charge or by his authorized representative shall be taken to be the correct measurement of the work.


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15.4.6 The Contractor shall without extra charge, provide all assistance with every appliance, labour and other

things necessary for measurements. Measurements shall be signed and dated by both parties from time to

time on the Site during the progress of the Work.

15.4.7 If the Contractor objects to any of the measurements recorded on behalf of the Purchaser, a note to that

effect shall be made with reasons and such note shall be signed and dated by both parties engaged in

taking the measurements. The decision of Engineer- in-Charge on such dispute or difference or

interpretation shall be final and binding on both the parties and shall be beyond the scope of the

settlement of dispute by Arbitration in respect of all contract items, substituted items, extra Items and

deviations.

15.5 Material Accounting

15.5.1 Material Accounting for items/materials supplied by the Contractor

(a) Surplus Material:

During execution of the Contract and on attaining completion and handing over of the Facilities, the

Contractor shall tally all items/materials as per BOQ (refer GCC Clause No.9.2) have been delivered.

Ownership of any Plant and Equipment and other materials in excess of the requirements for the Facilities

(i.e. surplus material) shall revert to the Contractor upon completion of the Facilities and Guarantee Test

or at such earlier time when the Purchaser and the Contractor agree that the surplus materials in question

are no longer required for the Facilities, provided quantity of any Plant and Equipment specifically

stipulated in the tender shall be the property of the Purchaser whether or not incorporated in the Facilities.

The Contractor shall remove from the Site such surplus material brought by him in persuasion of the

Contract, subject to the Contractor producing the necessary clearance from the relevant authorities

(Customs, Excise etc), if required by law, in respect of re-export or disposal of the surplus materials

locally. The liability for the payment of the applicable Taxes/Duties if any, on the surplus material so re-

exported and/or disposed locally shall be that of the Contractor.

In case the laws require the Purchaser to take prior permission of the relevant Authorities before handing

over the surplus material to the Contractor, the same shall be obtained by the Contractor at his cost, on

behalf of the Purchaser.

The Contractor shall also indemnify to keep the Purchaser harmless from any act of omission or

negligence on the part of the Contractor in following the statutory requirements with regard to

removal/disposal of surplus material. The Indemnity Bond shall be furnished by the Contractor as per the

format enclosed with this GCC.

In the event the Contractor is not able to procure and produce necessary clearance from the relevant

authorities (Customs, Excise etc) in respect of re-export or disposal of the surplus material, such material

out the BOQ shall be handed over to the Purchaser and deposited at the Purchaser‟s Stores at Site.

(b) Scrap/Wastage:

The term Scrap shall refer to scrap/waste/remnants arising out of the fabrication/structural work

(structural steel work and piping work) at the project/site in the course of execution of the Contract.

Scrap shall also include any wastage of cables during the termination process while installing the cables.


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The ownership of such scrap shall vest with the Contractor except in cases where items have been issued

by the Purchaser from its stores for their installation only without any adjustment to contract price. The

removal of scrap shall be subject to the contractor producing the necessary clearance from the relevant

Authorities (Customs/Excise etc), if required by law, in respect of disposal of the scrap. The liability for

payment of the applicable taxes/duties, if any, shall be that of the Contractor.

The Contractor shall also indemnify to keep the Purchaser harmless from any act of omission or

negligence on the part of the Contractor in following the statutory requirements with regard to

removal/disposal of Scrap. The Indemnity Bond shall be furnished by the Contractor as per the format

enclosed with this GCC. In case the law require the Purchaser to take prior permission of the relevant

authorities before handing over the scrap to the Contractor, the same shall be obtained by the Contractor

at his cost, on behalf of the Purchaser.

15.5.2 Material Accounting for Free Issue Material for Site work – (other than items supplied by the Contractor

under the same package)

(a) In the event Purchaser issues FIM for site work, the Contractor shall prepare a full account of the

material used in the Facilities and balance available with him for return.

(b) The Contractor shall furnish the cutting schedule for the approval of the Engineer prior to starting of

any activity. These include fabrication and installation of support/ pipeline, cable installation, GI duct

fabrication etc. This is required to cut down the amount of scrap at the end of the Contract. Whereas

the contractor will have to deposit the permissible accountable wastage scrap to the Purchaser‟s

stores, recovery shall be made for such excess wastages / scrap beyond permissible limits. Recovery

shall be made as per the provisions applicable for erection and commissioning.

(c) Purchaser will accept surplus FIM subject to the following:

(i) FIM has been stored/ handled at site in proper manner. Surplus FIM should be in good

condition with no deterioration noted in such material. Any surplus FIM rejected by the

Purchaser for these reasons shall be retained as scrap beyond permissible limits and appropriate

recovery shall be made after taking into account residual value of FIM, from the contractor in

this respect.

(ii) The individual pieces of surplus FIM shall be of the size, length, weight etc. as the case may be,

higher than the specification of scrap in respective categories as defined under GCC clause no.

15.6 (Definition of Scrap).

(d) Scrap / waste (both accountable and unaccountable) upto permissible limit as per GCC clause no. 15.7

(Permissible Limits of Wastage / Scrap), out of the FIM supplied shall be to the account of the

Purchaser. However, generation of scrap/ waste beyond the permissible limit given shall be to the

account of the Contractor. In such an event, recovery shall be made from the Contractor for the value

of items / materials as per unit rate of the PO corresponding to quantity of scrap (both accountable

and unaccountable) beyond permissible limits after adjusting for residual value of such excess scrap.

15.6 Definition of Scrap

15.6.1 Items and materials of the following limiting dimensions shall be treated as scrap:

(i) CS/GI pipes 50 mm dia. and below – pipe pieces less than 2 meters in length shall be treated as

scrap.


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(ii) SS pipes 50 mm dia. and below – SS pipe pieces less than 0.5 meter in length shall be treated as

scrap.

(iii) Structural Steel less than 1 meters in length shall be treated as scrap.

(iv) In respect of plates having thickness 20 mm & below, the size of plate having dimension 1mtr x

1mtr & below will be considered as scrap. In case of plates having thickness of above 20 mm, the

size of plate having dimension 1mtr x 0.5 mtr & below will be considered as scrap.

(v) CS/GI/SS pipes, all sizes above 50 mm dia. Pipe pieces less than 0.5 meter in length shall be treated

as scrap.

(vi) GI Sheet - less than 2mtr x 2mtr size.

(vii) GI Conduit/ SS tubes of various sizes – of lengths less than 3 meters shall be treated as scrap.

(viii) Power and Control Cables of various types and sizes of length less than 50 meters shall be treated

as scrap.

(ix) Wires of different types and sizes of length less than 20 meters shall be treated as scrap.

(x) Pipe Fittings & valves, lighting fixtures & receptacles and other similar items shall not be accepted

as scrap. However, the welded fittings and valves etc. above 50 mm dia., which are rendered

surplus by virtue of change in layout, drawings, errors, etc. shall be deposited to the Engineers‟

stores after the edges have been prepared by the contractor without any extra charges. In case, the

Contractor fails to prepare the edges, an amount equal to 20% of the cost of welding will be

recovered from the Contractor‟s bills at the rates prescribed in Schedule of Quantities & Rates.

(xi) For any other item / material not covered above, the sizes of scrap will be mutually agreed as per

the industry practices.

15.7 Permissible Limits of Wastage/ Scrap

15.7.1 Permissible wastage/ scrap (Accountable + unaccountable) to be allowed for following items towards

cutting and fabrication of pipes/structures are as follows:-

Sr.No. Item Accountable Unaccountable

(max.) Total

a CS Pipes 4% 2% 6%

b SS Pipes 4% 1% 5%

c CS Structural and Plates 4% 3% 7%

d GI Conduit/ SS Tube 4% 1% 5%

e GI Sheet 4% 1% 5%

f Cables 2% 1% 3%

15.7.2 Wastage shall be accountable by weight in case of structural, plates and by running length in case of other

items.

15.8 Return of Surplus Material to the Purchaser

15.8.1 Any Surplus material that the Purchaser as agreed to accept / retain subject to GCC clause no. 15.5.1 and

15.5.2 (c) above, shall be delivered, unloaded and placed at a designated place in Purchaser‟s stores at


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site. No payment on account of loading, carting transportation, unloading, stacking, hoisting and hauling

will be made by the Purchaser.

16 QUALITY ASSURANCE, INSPECTION, ACCEPTANCE AND REJECTIONS

16.1 Quality Assurance Program

16.1.1 The equipment and services under the scope of this Contract whether manufactured or performed within

the Contractor‟s Facilities or at his Sub-contractor‟s premises or at the Purchaser‟s site or at any other

place of work shall be subjected to quality surveillance commensurate with Purchaser‟s QA programme

to control such activities at all stages necessary, and inspection by the Purchaser‟s authorised Quality

Surveillance Engineer.

16.1.2 Quality Management System of Contractor: In order to provide assurance to the purchaser, the contractor

shall, based on the Purchaser's QA Programme, prepare a QA manual, which shall be finally accepted by

the Purchaser after discussions before commencement of work. The Quality Management System of the

contractor shall generally cover, but not limited to the following:

a) His organization structure for the management and implementation of the proposed quality

management system including interfaces.

b) Design capabilities & control.

c) Documentation control system.

d) Qualification data for Contractor‟s key personnel.

e) The procedure for purchase or materials, parts, components and selection of Sub-contractor‟s services

including vendor analysis, source inspection, incoming raw material inspection, verification of

materials purchased etc.

f) Traceability of material used in production.

g) System for shop manufacturing, construction/fabrication and site erection controls through QA plans.

h) Control of non-conforming items and system for corrective and preventive actions, including disposal

of non-conforming items.

i) Inspection and test procedures both for manufacture and field activities (construction and erection).

j) Control of calibration and testing of inspection, measuring and testing equipment

k) System of indication and appraisal of inspection status.

l) System of quality audits.

m) Training, certification and authorization of personnel.

n) System for authorizing release of manufactured product to the Purchaser. System of intimation by the

contractor, and approval by the Purchaser of stages of completion of facilities.

o) System for maintenance of records.

p) System for handling, storage, preservation and delivery of items.

16.1.3 In addition, the contractor shall establish a quality plan detailing out the specific quality control procedure

to be adopted for controlling the quality characteristics relevant to each item of equipment/facilities which

are to be supplied and erected as per the contract, in consultation with the Project Manager and have it

approved by him before start of the work. The contractor shall also submit a list of all key persons to be

engaged in the contract, along with their qualification, experience, organizational position etc.


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16.1.4 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System, as agreed

upon mutually between Purchaser and Contractor, is being implemented by contractor and his sub-

contractor, and not inspection. NPCIL QA will carry out random quality check, for which certain

tests/inspections may be required to be repeated, as stipulated in approved QAP. For compliance with

above requirements, “Quality Assurance in EPC contracts” attached in the tender document shall be

followed.

16.1.5 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks

of completion, which shall include relevant test reports connected with all engineering controls adopted

by him during manufacture/construction. The Project Manager/ Purchaser or his duly authorized

representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and

procedures of the Quality Management and Control Activities of the Contractor/ his vender.

16.2 Inspection, Testing and Rejection

16.2.1 The Project Manager / Engineer-in-Charge, his duly authorised representative and/or an outside

inspection agency acting on behalf of the Purchaser shall have at all reasonable times access to the

Contractor‟s premises or facilities and shall have the power at all reasonable times to inspect and examine

the materials and workmanship during manufacture or erection and if part of the Stores is being

manufactured or assembled at other premises or works, the Contractor shall obtain for the Project

Manager and for his duly authorised representative permission to inspect as if the Stores were

manufactured or assembled on the Contractor‟s own premises.

16.2.2 The Contractor shall give the Purchaser‟s Personnel full opportunity to carry out these activities,

including providing access, facilities, permissions and safety equipment. No such activity shall relieve the

Contractor from any obligation or responsibility.

16.2.3 The Plant and Equipment / Facilities (in part or full) shall be offered by the Contractor for inspection at

place of manufacture and/or on the site or at such places as may be specified by the Inspector at the

Contractor's risk, expense and cost. The Contractor shall give notice of readiness of Stores/ facilities for

inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per

the terms of the Purchase specifications and approved inspection plan. In default of such notice, the

Project Manager/ Purchaser shall be entitled to appraise the quality and extent thereof.

16.2.4 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to

him free of cost by the Contractor and/or from the specified agency.

16.2.5 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests. When the

specified tests have been passed, the Purchaser shall endorse the Contractor‟s test certificate, or issue a

certificate to him, to that effect.

16.2.6 Where consignments are required to be delivered / despatched after inspection by the Inspector as per the

Contract, a "Shipping Release" issued by the Inspector shall be enclosed along with the delivery challan

or other shipping documents viz. (Lorry Receipt, Railway Receipt) accompanying the consignments.

16.2.7 The Contractor agrees that neither the execution of a test and/or inspection of Plant and Equipment or any

part of the Facilities, nor the attendance by the Purchaser or the Engineer-in-charge, nor the issue of any

test certificate, shall release the Contractor from any other responsibilities under the Contract.


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16.2.8 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of

the test and/or inspection of the Plant and Equipment or part of the Facilities that cannot be settled

between the parties within a reasonable period of time, it may be referred to Arbitration for determination

in accordance with GCC clause no. 22 (Settlement of Disputes).

16.2.9 Except as otherwise specified in the Contract, the Contractor shall provide all apparatus, assistance,

documents and other information, electricity, equipment, fuel, consumables, instruments, labour,

materials, and suitably qualified and experienced staff, as are necessary to carry out the specified tests

efficiently. The Contractor shall agree, with the Purchaser the time and place for the specified testing of

any Plant, Materials and other parts of the Facilities.

16.2.10 The Purchaser may require the Contractor to carry out any test and/or inspection not covered by the

Contract, provided that the Contractor‟s reasonable costs and expenses along with taxes & duties as

applicable, incurred in the carrying out of such test and/or inspection shall be payable extra by the

Purchaser. Further, if such test and/or inspection impedes the progress of work on the facilities and/or the

Contractor‟s performance of its other obligations under the Contract, due allowance will be made in

respect of the Time for Completion and the other obligations so affected.

16.2.11 No part of the facilities shall be covered up or put out of view without the approval of the Engineer-in-

charge or his authorized representative and the Contractor shall afford full opportunity for examination

and measurement of any part of the facilities which is about to be covered up or put out of view and for

examination of foundations before permanent work is placed thereon.

16.2.12 The Contractor shall give due notice to the Engineer-in-charge or his authorized representative whenever

any such part of the facilities or foundation is ready for examination and the Engineer-in-charge or his

representative shall without unreasonable delay, unless he considers it unnecessary and advises the

Contractor accordingly, attend for the purpose of examining and measuring such part of the facilities or of

examining such foundations. In the event of the failure of the Contractor to give such notice, he shall, if

required by the Engineer-in-charge, uncover such work at the Contractor‟s expense.

16.2.13 The stores received by the Purchaser will also be subject to inspection and test as may be considered

necessary by the Quality Surveillance Engineer / Purchaser and his decision as regards rejection of Stores

shall be final and binding on the Contractor. If any stores are rejected as aforesaid, without prejudice to

the foregoing provision, the Purchaser shall be at liberty to:

a) Allow the Contractor to resubmit without prejudice to the Purchaser‟s right to claim and recover

Liquidated Damages as provided in GCC clause no.6.2 (Delay in Supply), Stores in replacement of

those rejected within a time specified by Purchaser, the contractor bearing the cost of freight for such

replacement without being entitled to any extra payment thereof.

b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost

of the Contractor in accordance with the provisions contained in GCC clause no. 21.5 (Cancellation /

Termination of Contract in Full or Part).

16.2.14 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor

within fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous,

infected or perishable Stores, the Inspector (whose decision shall be final) shall notify the Contractor to

remove such Stores within 48 hours of receipt of intimation of rejection and it shall be the duty of the

Contractor to remove such rejected Stores and the same shall lie at the Contractor's risk from the time of

such rejection and if not removed within the aforementioned time, the Purchaser shall have the right either


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to return the rejected Stores to the Contractor at the Contractor's risk by such mode of transport as

Purchaser may select, dispose off or segregate such Stores as he thinks fit at the Contractor's risk and on

his account and appropriate such portion of the proceeds as may be necessary and recover any damages or

expenses incurred by the Purchaser in connection with said sale and storage, if any. Freight paid by the

Purchaser on Stores received and rejected after examination at destination shall be recoverable from the

Contractor.

16.3 Remedial Work

16.3.1 If it shall appear to the Engineer-in-Charge or his representative at any time during construction or re-

construction or prior to the expiration of the Defect Liability Period, that any work has been executed

with unsound, imperfect or unskilled workmanship or that any materials or articles provided by the

Contractor for execution of the work are unsound or of a quality inferior to that contracted for or

otherwise not in accordance with the Contract that any defect, shrinkage or other faults have appeared in

the work arising out of defective or improper materials or workmanship, the Contractor shall, upon receipt

of a notice in writing in that behalf from the Engineer-in-Charge, forthwith rectify or remove and re-

construct the work so specified in whole or in part, as the case may require or as the case may be and/or

remove the materials or articles so specified and provide other proper and suitable materials or articles so

specified and provide other proper and suitable materials or articles at his own expense, notwithstanding

that the same may have been inadvertently passed, certified and paid for and in the event of his failing to

do so within the period to be specified by the Engineer-in-Charge in his notice aforesaid, the Engineer-in-

Charge may rectify or remove and re-execute the work and/or remove and replace with others the

materials or articles complained of, as the case may be, by other means at the risk and expense of the

Contractor.

16.3.2 In such case the Engineer-in-Charge may not accept the item or work at the rates applicable under the

contract but may accept such items at reduced rates as the competent authority may consider reasonable

during the preparation of on account bills or final bill if the item is so acceptable without detriment to the

safety and utility of the item and the structure or he may reject the work outright without any payment.

16.3.3 The Contractor shall uncover any part of the facilities or foundations, or shall make openings in or

through the same as the Engineer-in-charge may from time to time require at the Site, and shall reinstate

and make good such part or parts.

16.3.4 If any parts of the facilities or foundations have been covered up at the Site after compliance with the

requirement of GCC clause no. 16.2.11 and are found to be executed in accordance with the Contract, the

expenses of uncovering, making openings in or through, reinstating, and making good the same shall be

borne by the Purchaser, and the Time for Completion shall be reasonably adjusted to the extent that the

Contractor has thereby been delayed or impeded in the performance of any of its obligations under the

Contract. In any other case all such expenses shall be borne by the Contractor and resulting delays, if any,

shall be attributable to the Contractor.

16.3.5 If the Contractor fails to comply with the instruction, the Purchaser shall be entitled to employ and pay

other persons to carry out the work. Except to the extent that the Contractor would have been entitled to

payment for the work, the Contractor shall pay to the Purchaser all costs arising from this failure.

16.3.6 Splashes and droppings from white washing, painting etc; shall be removed and surfaces cleaned

simultaneously with completion of these items of work in individual rooms, quarters or premises etc.

where the work is done, without waiting for completion of all other items of work in the Contract. In case

the Contractor fails to comply with the requirements of this clause, the Engineer-in-Charge shall have the


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right to get the work done by other means at the cost of the Contractor. Before taking such action

however, the Engineer-in-Charge shall give three days notice in writing to the Contractor.

17 COMPLETION OF FACILITIES

17.1 Completion of Erection and Pre-commissioning of the Facilities

17.1.1 As far as technical requirements are concerned, the construction shall be considered completed when the

equipment, piping systems, electricals, instrumentation and other auxiliaries are installed complete in all

respects in accordance with drawings and specifications and have passed all examination, inspection and

tests requirements described in technical specifications issued with this document. The Contractor shall

make Erection Completion Certificate (ECC) attaching all relevant documents needed for attesting above.

The Certificate in the approved proforma shall be submitted to the Engineer-in-Charge and shall be

subject to endorsement by the Engineer-in-Charge, QS and Field Engineer. In case of any deficiency

revealed subsequently during the testing or commissioning of any parts of the facilities completed shall be

rectified expeditiously and in consultation with the Engineer-in-Charge and QS so as not to delay other

works or testing.

17.1.2 As soon as the Facilities or any part thereof has, in the opinion of the Contractor, been completed

mechanically and structurally and put in a tight and clean condition as specified in the Technical

Specifications, excluding minor items not materially affecting the operation or safety of the Facilities, the

Contractor shall so notify the Engineer-in-Charge in writing, along with necessary documentation.

17.1.3 Within seven (7) days after receipt of the notice from the Contractor under GCC sub-clause 17.1.2, the

Purchaser shall provide the utilities, chemicals, catalysts, facilities, services and other matters that are not

in the scope of the Contractor required for Pre-commissioning of the Facilities or any part thereof.

17.1.4 As soon as reasonably practicable after the utilities, chemicals, catalysts, facilities, services and other

matters have been provided by the Purchaser in accordance with GCC clause no. 17.1.3, the Contractor

shall commence Pre-commissioning of the Facilities or the relevant part thereof.

17.1.5 As soon as all work in respect of Pre-commissioning are completed and, the Facilities or any part thereof

is ready for Commissioning in accordance with Technical Specifications, the Contractor shall so notify

the Engineer-in-Charge in writing.

17.1.6 The Engineer-in-Charge shall, within fourteen (14) days after receipt of the Contractor‟s notice under

GCC sub-clause no. 17.1.5, either issue an Erection Completion Certificate in the form specified in the

Annexure to GCC, stating that the Facilities or that part thereof have reached Erection Completion as of

the date of the Contractor‟s notice under GCC. sub-clause no. 17.1.5, or notify the Contractor in writing

of any defects and/or deficiencies.

If the Engineer-in-Charge notifies the Contractor of any defects and/or deficiencies, the Contractor shall

then correct such defects and/or deficiencies, and shall repeat the procedure described in GCC sub-clause

no. 17.1.5. If the Engineer-in-Charge is satisfied that the Facilities or that part thereof have reached

Erection Completion, the Engineer-in-Charge shall, within seven (7) days after receipt of the Contractor‟s

repeated notice, issue an Erection Completion Certificate stating that the Facilities or that part thereof

have reached Completion of Erection as of the date of the Contractor‟s repeated notice. If the Engineer-in-

Charge is not so satisfied, then it shall notify the Contractor in writing of any defects and/or deficiencies

within seven (7) days after receipt of the Contractor‟s repeated notice, and the above procedure shall be

repeated.


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17.1.7 If the Project Manager fails to issue the of Erection Completion Certificate and fails to inform the

Contractor of any defects and/or deficiencies within fourteen (14) days after receipt of the Contractor‟s

notice under GCC sub-clause no. 17.1.5 or within seven (7) days after receipt of the Contractor‟s repeated

notice under GCC sub-clause no. 17.1.6, the Contractor shall be entitled to extension of time as per GCC

Clause No.20.1 to the extent of delay in handing over of the Facilities caused by such failure on the part

of the Purchaser.

17.1.8 As soon as possible after Completion of Erection, the Contractor shall complete all outstanding minor

items so that the Facilities are fully in accordance with the requirements of the Contract, failing which the

Purchaser will undertake such completion and deduct the costs thereof from any payment due to the

Contractor

17.1.9 Upon Completion of Erection, the Contractor shall continue to be responsible for the care and custody of

the Facilities or the relevant part thereof, together with the risk of loss or damage thereto, till the Facilities

or the relevant part thereof are taken over by the Purchaser subsequent to Commissioning, Performance

Testing and Acceptance.

18 PURCHASER’S TAKING OVER

18.1 Commissioning

18.1.1 Commissioning of the Facilities or any part thereof shall be commenced by the Contractor immediately

after issue of the Erection Completion Certificate by the Engineer-in-Charge, pursuant to GCC sub-clause

17.1.6.

18.1.2 The Purchaser shall supply all utilities, chemicals, catalysts, facilities, services and other matters as per the

contract as well as O&M personnel if specifically provided for in the contract, required for

Commissioning. Any delay by the Purchaser for providing these items/ facilities required for

commissioning, which ultimately delays completion and handing over of the facilities beyond the CDD

shall be dealt in accordance with GCC sub-clause no. 20.1 and 20.2.

18.1.3 Commissioning of the facilities shall be assumed to be completed when the trial run is executed without

any abnormal operations, with all the parameters of the Plant and Equipment within acceptable limits and

the Facility is handed over to the Purchaser by the Contractor certifying that the Facility is allowed to run

at full load on continuous basis without any restrictions.

18.2 Guarantee Test

18.2.1 The Guarantee Test (and repeats thereof) shall be conducted by the Contractor during Commissioning of

the Facilities or the relevant part thereof to ascertain whether the Facilities or the relevant part can attain

the Functional Guarantees specified in the Technical Specifications and/or Contractor‟s offer as accepted

by the Purchaser, as the case may be. The Contractor‟s and Engineer-in-Charge‟s personnel shall attend

the Guarantee Test. The Engineer-in-Charge shall promptly provide the Contractor with such information

as the Contractor may reasonably require in relation to the conduct and results of the Guarantee Test (and

any repeats thereof).

18.3 Operational Acceptance

18.3.1 Operational Acceptance shall occur in respect of the Facilities or any part thereof when

(a) the Guarantee Test has been successfully completed and the Functional Guarantees are met; and


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(b) all minor items mentioned in GCC sub-clause no. 17.1.8 hereof relevant to the Facilities or that part

thereof have been completed.

(c) completion by the Contractor all Technical documentation as per the contract and acceptance of the

same by the Project Manager/ Engineer-in-Charge.

18.3.2 At any time after Operational Acceptance as set out in GCC sub-clause no.18.3.1 have occurred, the

Contractor may give a notice to the Engineer-in-Charge requesting the issue of an Operational

Acceptance Certificate in the form provided in the Annexure to GCC or in another form acceptable to the

Purchaser in respect of the Facilities or the part thereof specified in such notice, as of the date of such

notice.

18.3.3 The Engineer-in-Charge shall within seven (7) days after receipt of the Contractor‟s notice, issue an

Operational Acceptance Certificate or intimate the Contractor in writing the justifiable reasons for not

issuing the Operational Acceptance Certificate.

18.4 Partial Acceptance

18.4.1 If a part of the Facilities comprises facilities such as buildings, for which no Commissioning or Guarantee

Test is required, then the Engineer-in-Charge will issue the Operational Acceptance Certificate for such

part facility when it attains Completion, provided that the Contractor has completed any and all

outstanding minor items in respect of such part of the facility as pointed out and communicated to the

Contractor by the Engineer-in Charge.

19 CHANGE IN THE FACILITIES

19.1 Right to vary

19.1.1 Purchaser shall have the right to propose, and order the Contractor from time to time during the

performance of the Contract to make any change, modification, addition or deletion to, in or from the

Facilities (hereinafter called “Change”), provided that such Change falls within the general scope of the

Facilities and does not constitute unrelated work and that it is technically practicable, taking into account

both the state of advancement of the Facilities and the technical compatibility of the Change envisaged

with the nature of the Facilities as specified in the Contract.

19.1.2 The Contractor may from time to time during its performance of the Contract propose to the Purchaser

(with a copy to the Project Manager) any Change that the Contractor considers necessary or desirable.

The Purchaser may at its discretion approve or reject any Change proposed by the Contractor.

19.1.3 Notwithstanding GCC sub-clauses no. 19.1.1 and 19.1.2, no change made necessary because of any

default of the Contractor in the performance of its obligations under the Contract and/or for Contractor‟s

convenience, shall be deemed to be a Change, and such change shall not result in any adjustment of the

Contract Price or the Time for Completion.

19.2 Changes Originating from Purchaser

19.2.1 If the Purchaser proposes a Change pursuant to GCC sub-clause no.19.1.1, it shall send to the Contractor

a “Request for Change Proposal,” requiring the Contractor to prepare and furnish to the Project Manager

as soon as reasonably practicable a “Change Proposal,” which shall include the following:

(a) brief description of the Change

(b) effect on the Time for Completion

(b) estimated cost of the Change

(c) effect on Functional Guarantees (if any)


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(d) effect on any other provisions of the Contract.

The pricing of any Change shall, as far as practicable, be calculated in accordance with GCC sub-clause

no. 19.4 (Pricing the Change Proposal).

19.2.2 Upon receipt of the Change Proposal, the Purchaser and the Contractor shall mutually agree upon all

matters therein contained. Within thirty (30) days after such agreement, the Purchaser shall, if it intends to

proceed with the Change, issue the Contractor with a Change Order.

If the Purchaser is unable to reach a decision within thirty (30) days, it shall notify the Contractor with

details of when the Contractor can expect a decision.

If the Purchaser decides not to proceed with the Change for whatever reason, it shall, within the said

period of thirty (30) days, notify the Contractor accordingly.

19.2.3 If the Purchaser and the Contractor cannot reach agreement on the price for the Change, an equitable

adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the

Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a “Pending

Agreement Change Order.”

Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed with

effecting the Changes covered by such Order. The parties shall thereafter attempt to reach agreement on

the outstanding issues under the Change Proposal.

If the parties cannot reach agreement within ninety (90) days from the date of issue of the Pending

Agreement Change Order, then the matter may be referred to the Arbritration in accordance with the

provisions of GCC clause no. 22 (Settlement of Disputes).

19.3 Changes Originating from Contractor

19.3.1 If the Contractor proposes a Change pursuant to GCC sub-clause no. 19.1.2, the Contractor shall submit

to the Project Manager a written Change Proposal giving reasons for the proposed Change and including

the information specified in GCC sub-clause no. 19.2.1. Upon receipt of the Change Proposal, the parties

shall mutually agree on cost implications thereof.

19.4 Pricing the Change Proposal

19.4.1 Additional cost implication, if any, due to change in the Facilities can be claimed by the Contractor only

in the following cases:

(a) Change in boundary conditions of the technical specifications due to Purchaser‟s requirement.

(b) Change requested by the Purchaser after Purchaser‟s approval of engineering, drawings,

documents and/or during execution of the Facilities as per the Contract, resulting into (i) already

procured items turning surplus/waste and consequent additional procurement of items and/or (ii)

re-work on the Facilities or part of the Facilities at Site.

19.4.2 Additional cost to be claimed by the Contractor pursuant to GCC sub-clause No. 19.4.1 (a) and (b) will be

worked out as below:

(a) For supply of items other than for Civil Works:

The Purchaser will reimburse the actual cost of procurement of additional quantity of existing

purchase order items and/or new items i.e. FOR site price inclusive of all taxes, duties and freight

charges and will admit the handling charges @ 15% on the above FOR site price. While

undertaking the procurement of these items, the Contractor will follow their purchase

procedure/practices and submit related documents in support of his claim.

(b) For Erection & Commissioning and Civil Works:


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Additional cost implication will be mutually agreed between the parties based on Purchaser‟s cost

estimates.

20 TIME EXTENTION

20.1 Extension of Time for Completion

20.1.1 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no. 4.2.2 shall be

extended if the Contractor is delayed or impeded in the performance of any of its obligations under the

Contract by reason of any of the following:

(a) any Change in the Facilities as provided in GCC clause no. 19

(b) any occurrence of Force Majeure as provided in GCC clause no. 6.12, or other occurrence of any of

the matters specified or referred to in paragraphs (a), (b) and (c) of GCC sub-clause no. 6.6.5

(c) any suspension order given by the Purchaser under GCC sub-clause no. 21.1.1 (ii) & (iii)

(d) any delay in approval of drawing / document by the Purchaser, under GCC Sub-clause no. 8.3.3

(e) any default or breach of the Contract by the Purchaser, specifically including failure to supply the

items listed in the Contract, or any activity, act or omission of any other contractors employed by the

Purchaser

(f) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no. 7.6

(Hindrances)

(g) any delay in issuing Erection Completion Certificate pursuant to GCC sub-clause no. 17.1.7

(h) any other matter specifically mentioned in the Contract

by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay

or impediment sustained by the Contractor

20.1.2 Except where otherwise specifically provided in the Contract, the Contractor shall submit to the Purchaser

a request for an extension of the Time for Completion, together with particulars of the event or

circumstance justifying such extension as soon as reasonably practicable after the commencement of such

event or circumstance. As soon as reasonably practicable after receipt of such request and supporting

particulars, the Purchaser shall intimate the Contractor the period of such extension. In the event that the

Contractor does not accept the Purchaser‟s estimate of a fair and reasonable time extension, the

Contractor shall be entitled to refer the matter for resolution, pursuant to GCC clause no. 22 (Settlement

of Disputes).

20.1.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its

obligations under the Contract.

20.1.4 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-

clause no. 20.1.2 without levy of Liquidated Damages. In the event of grant of such extension of time, the

Purchaser shall also reimburse the contractor increase in Statutory levies, if any, in the extended delivery

period.

20.1.5 In the event of grant of extension of time as per this GCC clause no. 20.1 (Extension of Time for

Completion), the provisions of price adjustment as per GCC clause no. 5.4 (Price Adjustment) shall also

be applicable in this extended time for completion subject to overall ceiling of price adjustment as per

GCC sub-clause no. 5.4.3 (a) and (b) and as per provision of GCC sub-clause no. 5.5.6 and 5.6.3.

20.1.6 In the event of extension of time for delays due to reasons attributable to the Contractor, the provisions of

this GCC clause no. 20.1 (Extension of Time for Completion) shall not be applicable and provisions of


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GCC clause no. 6.2 (Delay in Supply) and/or GCC clause no. 21.5 (Cancellation / Termination of

Contract in Full or Part) shall be applicable in such cases.

20.2 Time Overrun

20.2.1 In the event of delay in completion and handing over of the Facilities beyond CDD by the Contractor due

to specific site related issues for which Purchaser is responsible like release of work front as per work

programme schedule and readiness of other facilities to be provided to the Contractor by the Purchaser in

accordance with the Contract, the Contractor shall be entitled to compensation for additional expenditure

for extended stay at site to the extent required for such reasons in addition to extension of time as per

GCC clause no. 20.1. The amount of compensation will be arrived at through mutual consultation

between the Purchaser and the Contractor taking into account fixed idle period rate quoted by the

Contractor as per ITT clause no. 10.5.4 and following the other procedures as per GCC sub-clause no.

19.2.2 and 19.2.3.

21 SUSPENSION, FORECLOSER AND TERMINATION

21.1 Suspension of Work

21.1.1 The Purchaser may, by notice to the Contractor, order the Contractor to suspend performance of any or all

of its obligations under the Contract, for any of the following reasons:

(i) on account of any default of the Contractor with or without impairing safety of the works, or

(ii) for proper execution of the Facilities or part thereof for reasons other than the default of the

Contractor, or

(iii) for safety of the Facilities or part thereof, for reasons other than the default of the Contractor

Such notice shall specify the obligation of which performance is to be suspended, the effective date of the

suspension and the reasons therefore. The Contractor shall there upon suspend performance of such

obligation (except those obligations necessary for the care or preservation of the Facilities) until ordered

in writing to resume such performance by the Purchaser.

The Contractor shall, during such suspension, properly protect and secure the Facilities to the extent

necessary and carry out the instructions given in that behalf by the Engineer-in-Charge

21.1.2 If the suspension is ordered for reasons (ii) and (iii) in GCC Sub-clause 21.1.1 above

(i) The Contractor shall be entitled to an extension of the time equal to the period of every such

suspension plus 25%.

(ii) If the total period of all such suspension exceeds thirty days, the Contractor shall, in addition be

entitled to compensation, as the Engineer-in-Charge may consider reasonable, in respect of salaries

and/or wages paid by the Contractor to his employees and labour and hired contractor‟s equipments at

Site remaining idle during the period of suspension, adding thereto 5% of the sum of the

compensation, for suspension exceeding 30 days and not exceeding 90 days to cover indirect

expenses of the Contractor, provided the Contractor submits his claim supported by details to the

Engineer-In-Charge within 14 days of the expiry of the period of suspension.

21.1.3 If the work on the Facilities is suspended for more than 30 days at a stretch, the Contractor may request

the Engineer-in-charge for the permission to demobilise the Contractor‟s Equipments and other resources

from the Site. In the event of grant of such permission from the Engineer-in-charge, the compensation


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payable to the Contractor under GCC sub-clause no. 21.1.2 (ii) shall be suitably adjusted to the extent of

demobilisation.

21.1.4 The Contractor shall not be entitled to an extension of time for, or to payment of the Cost incurred in

consequence of suspension due to GCC sub-clause no. 21.1.1 (i) and/or due to the Contractor‟s failure to

protect, store or secure in the Facilities in accordance with this GCC clause no. 21.1 [Suspension of

Work].

21.2 Prolonged Suspension

21.2.1 If, by virtue of a suspension order given by the Purchaser, other than by reason of the Contractor‟s default

or breach of the Contract, the Contractor‟s performance of any of its obligations is suspended for an

aggregate period of more than ninety (90) days, then at any time thereafter and provided that at that time

such performance is still suspended, the Contractor may give a notice to the Purchaser requiring that the

Purchaser shall, within twenty-eight (28) days of receipt of the notice, order the resumption of such

performance or order a change excluding the performance of the suspended obligations from the Contract.

If the Purchaser fails to do so within such period, the Contractor may, by a further notice to the Purchaser,

elect to treat the suspension, where it affects a part only of the Facilities, as a deletion of such part or,

where it affects the whole of the Facilities, as termination of the Contract.

In the event of the Contractor treating the suspension as deletion of part or an termination of the Contract

by the Purchaser, he shall have no claim to payment of any compensation on account of any profit or

advantage which he may have derived from the execution of the work in full but which he could not

derive in consequence of such termination. He shall, however, be entitled for compensation, as the

Engineer-in-charge may consider reasonable, in respect of

i) salaries and/or wages paid by him to his employees / labour,

ii) hired contractor‟s equipments at Site, remaining idle in consequence and of materials collected which

could not be utilized on the works and

iii) adding to the total thereof [i.e., (i) and (ii)] 5% of the total for suspension exceeding 90 days to cover

indirect expenses of the Contractor, provided the Contractor submits his claim supported by the details to

the Engineer-In-Charge within 28 days of the expiry of the period of 90 days.

21.3 Resumption of Work

21.3.1 After the permission or instruction to proceed is given, the Contractor and the Purchaser shall jointly

examine the Facilities and the Plant and Materials affected by the suspension. The Contractor shall make

good any deterioration or defect in or loss of the Facilities or Plant or Materials, which has occurred

during the suspension after receiving from the Purchaser an instruction to this effect.

21.4 Foreclosure of Contract

21.4.1 If at any time after acceptance of the tender / during execution of work the Purchaser shall decide to

abandon or reduce the scope of the work for any reason whatsoever and hence not require the whole or

any part of the work to be carried out, the Purchaser or Engineer-in-charge shall give notice in writing to

that effect to the Contractor and the Contractor shall have no claim to any payment of compensation or

otherwise whatsoever, on account of any profit or advantage which he might have derived from the


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execution of the work in full but which he did not derive in consequence of the foreclosure of the whole

or part of the Contract.

21.4.2 Upon receipt of the notice of foreclosure under GCC sub-clause no. 21.4.1, the Contractor shall either

immediately or upon the date specified in the notice of foreclosure

a) Cease all further work, except for such work as may be specified in the notice of termination for the

sole purpose of protecting that part of the Facilities already executed, or any work required to leave

the Site in a clean and safe condition.

b) Terminate all subcontracts, except those to be assigned to the Purchaser pursuant to paragraph „e (ii)‟

below

c) Stop all further purchasing and/ or subcontracting activities related to work foreclosed.

d) Remove all contractor‟s equipment from the site, repatriate the Contractor‟s and its Subcontractors‟

personnel from the Site, remove from the Site any wreckage, rubbish and debris of any kind, and

leave the whole of the Site in a clean and safe condition

e) In addition, the Contractor, subject to the payment specified in GCC sub-clause 21.4.4, shall

i) deliver to the Purchaser the parts of the facilities executed by the Contractor up to the date of

foreclosure

ii) to extent legally possible, assign to the Purchaser all right, title and benefit of the Contractor to

the Facilities and to the Plant and Equipment as of the date of foreclosure, and, as may be

required by the Purchaser, in any subcontracts concluded between the Contractor and its

Subcontractors.

iii) deliver to the Purchaser all non-proprietary drawings, specifications and other documents

prepared by the Contractor or its Subcontractors as at the date of foreclosure in connection with

the facilities.

21.4.3 The Purchaser shall have the option to take over Contractors materials or any part thereof either brought

to Site or of which the Contractor is legally bound to accept delivery from supplier (for incorporation in

or incidental to the facilities) provided, however, the Purchaser shall be bound to take over the materials

or such portions thereof as the Contractor does not desire to retain.

21.4.4 In the event of Foreclosure of the Contract under GCC sub-clause no. 21.4.1, the Purchaser shall pay to

the Contractor the full amount at contract rates, properly attributable to supplies completed and/or the

parts of the facilities executed by the Contractor as of the date of foreclosure. In addition the Purchaser

shall also pay a further reasonable amount as certified by the Project Manager/ Engineer-in-charge but not

more than the amount proportionate to the value of balance work, for the items hereunder mentioned

which could not be utilized on the work to the full extent because of the foreclosure:

a) Any expenditure incurred on preliminary site work, e.g. Temporary access-roads, temporary labour

huts, staff quarters and site offices; storage accommodation and water storage tanks.

b) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no.

21.4.3, cost of such materials as detailed by the Purchaser. The cost shall however take into account

purchase price, cost of transportation and deterioration or damage which may have been caused to

materials whilst in the custody of the Contractor, provided that the value so arrived should not be

more than the proportionate rate of item of the Contract.


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c) For Contractor‟s materials not retained by the Purchaser, reasonable cost of transporting such

materials from Site to Contractor‟s permanent stores or to his other works, whichever is less. If

materials are not transported to either of the said places, no cost of transportation shall be payable.

d) If any Free Issue Materials supplied by the Purchaser are rendered surplus, the same except

unaccountable wastage/scrap, as per GCC clause no. 15.6 (Definition of Scrap) and GCC clause no.

15.7 (Permissible Limits of Wastage / Scrap), shall be returned by the Contractor to the Purchaser at

rates not exceeding those at which these were originally issued less storage charges, if any and

allowance for any deterioration or damage which may have been caused whilst the materials were in

the custody of the Contractor. In addition, cost of transportation of such Free Issue Materials from

Site to the stores at other units of the Purchaser, if so required by the Purchaser, shall be paid to the

Contractor.

e) Reasonable compensation for transfer of Contractor‟s Equipments from Site to Contractor‟s permanent

stores or to his other works, whichever is less. If T&P are not transported to either of the said places,

no cost of transportation shall be payable.

f) Reasonable compensation for repatriation of the Contractor‟s site staff and labour to the extent

necessary.

The Contractor shall, as required by the Purchaser / Engineer-in-charge, furnish to him books of account,

wage books, time sheets and other relevant documents as may be necessary to enable him to certify the

reasonable amount payable under this clause

21.5 Cancellation / Termination of Contract in Full or Part

21.5.1 The Purchaser, without prejudice to any other rights or remedies it may possess, may terminate the

Contract forthwith as a whole or only such items of work in default, in the following circumstances by

giving a notice of termination and its reasons thereof to the Contractor, referring to this GCC sub-clause

21.5.1:

If the Contractor;

a) shall offer, or give or agree to give to any person in the Purchaser‟s service or to any other person on

his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to

do or having done or forborne to do any act in relation to the obtaining or execution of this or any

other Contract for the Purchaser; or

b) shall enter into a contract with the Purchaser in connection with which commission has been paid or

agreed to be paid by him or to his knowledge, unless the particulars of any such commission and the

terms of payment thereof have previously been disclosed in writing to the Purchaser; or

c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide

methods of competitive tendering; or

d) Adopts or has engaged in “fraudulent practice” like misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the Purchaser, collusive

practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial

non-competitive levels and to deprive the Purchaser of the benefits of free and open competition.

e) Adopts or has engaged in “coercive practice” like harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in the procurement process or

affect the execution of a contract.


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f) being an Individual, or if a firm, any partner thereof, shall at any time be adjudged insolvent or have a

receiving order or order for administration of his estate made against him or shall take any

proceedings for liquidation or composition (other than a voluntary-liquidation for purpose of

amalgamation or reconstruction) under any insolvency Act for the time being in force or make any

conveyance or assignment of his effects or composition or arrangement for the benefit of his

creditors or purport so to do, or if any application be made under any insolvency-Act for the time

being in force for the sequestration of his estate or if a trust deed be executed by him for benefit of his

creditors; or

g) Being a company, shall pass a resolution or the Court shall make an order for the liquidation of its

affairs, or a receiver or manager on behalf of the debenture holders shall be appointed or

circumstances shall arise which entitle the Court or debenture holders to appoint a receiver or

manager; or

h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21

days; or

i) assigns, transfers, subcontracts (engagement of labour on a piece-work basis or of labour with

materials not to be incorporated in the work shall not be deemed to be subletting) or attempts to

assign, transfer or subcontract the entire works or any portion thereof without the prior written

approval of the Purchaser;

21.5.2 In the event of default by the Contractor in the following circumstances, the Purchaser may, without

prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the

nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or

to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Purchaser

may terminate the Contract as a whole or only such items of work in default, by giving a notice of

termination and its reasons thereof to the Contractor referring to this GCC sub-clause no. 21.5.2.

If the Contractor

(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to

continue performance of his obligation under the contract, or

(b) has without valid reason failed to commence work on the Facilities promptly or has suspended (other

than pursuant to GCC sub-clause no. 21.1.1 (ii) & (iii) the progress of Contract performance for more

than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed, or

(c) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to

carry out its obligations under the Contract without just cause, or

(d) refuses or is unable to provide sufficient materials, services or labour to execute and complete the

Facilities in the manner specified in the program furnished under GCC clause 25.0 at rates of progress

that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the

Facilities by the Time for Completion as extended, or

(e) at any time makes default in proceeding with the works with due diligence and continues to do so

after a notice in writing of 7 days from the Purchaser/ Engineer-in-Charge, or

(f) commits default in complying with any of the terms and conditions of the Contract and does not

remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in

that behalf by the Purchaser/ Engineer-in-Charge, or

(g) fails to deliver the Stores or any part thereof and/or fails to complete the facilities or items of work, on

or before the individual Contractual Milestone Date(s), and does not complete them within the period

specified in a notice given in writing in that behalf by the Purchaser.


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(h) fails to complete the Facilities and handover the same to the Purchaser within Contractual Delivery

Date(s), and does not complete them within the period specified in a notice given in writing in that

behalf by the Purchaser.

21.5.3 In case the Contract is terminated under GCC sub-clause no. 21.5.1 or 21.5.2 above the Contractor shall

not be entitled to recover or be paid any sum for any work thereof or actually performed under this

Contract unless and until the Project Manager / Engineer-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

so certified.

21.5.4 In case the Contract is terminated under GCC sub-clause 21.5.1 or 21.5.2 above, the Purchaser shall on

such termination have powers to:

a) To purchase from elsewhere, at the risk and cost of the Contractor, the Stores/ Facilities or part

thereof, not delivered and contract for which is terminated, or other items of similar description when

such Stores/ Facilities exactly complying with the Particulars are not in the opinion (such opinion

being final) of the Purchaser readily procurable.

b) take possession of the Site and any materials, constructional plant, implements, stores, etc. thereon;

c) carry out the incomplete Site work by any means at the risk and cost of the Contractor.

d) In the event of action being taken under GCC clause no. 21.5.4 (a), (b) or (c), the Contractor shall also

be liable for Liquidated Damages for delay in deliveries, which the Purchaser is entitled to recover as

per GCC clause no. 6.2 (Delay in Supply) on that account provided an agreement for such alternate

purchase from elsewhere, is made within (six) 6 months of the notice of failure or letter of

cancellation sent to the Contractor. The Contractor shall not be entitled to any gain on such purchase

made on account of default. The manner and method of such alternate purchase shall be at the entire

discretion of the Purchaser, whose decision shall be final. This right shall be without prejudice to the

right of the Purchaser, to recover the damages for breach of Contract by the Contractor as provided in

the Contract or under the general law.

21.5.5 Upon receipt of the notice of termination under GCC clause no. 21.5.1 or 21.5.2 the Contractor shall,

either immediately or upon such date as is specified in the notice of termination,

(a) cease all further work, except for such work as the Purchaser may specify in the notice of

termination for the sole purpose of protecting that part of the Facilities already executed, or any

work required to leave the Site in a clean and safe condition.

(b) terminate all subcontracts, except those to be assigned to the Purchaser pursuant to paragraph (e)

below.

(c) stop all further purchasing and/or sub-contracting activities related to work terminated.

(d) deliver to the Purchaser the parts of the Facilities executed at site by the Contractor up to the date of

termination.

(e) to the extent legally possible, assign to the Purchaser all right, title and benefit of the Contractor to

the Facilities and to the Plant and Equipment as of the date of termination, and, as may be required

by the Purchaser, in any subcontracts concluded between the Contractor and its Subcontractors.

(f) deliver to the Purchaser all drawings, specifications and other documents prepared by the

Contractor or its Subcontractors as of the date of termination in connection with the Facilities.

21.5.6 Upon termination of the Contract, Engineer-in-charge may enter upon the Site, expel the Contractor, and

complete the Facilities itself or by employing any third party.


GCC/EPC-4/R-3 (28.12.2016) 96 of 99

21.5.7 Subject to GCC sub-clause no. 21.5.8, the Contractor shall be entitled to be paid subject to GCC sub-

clause 21.5.3, the Contract Price attributable to the Facilities executed as of the date of termination, the

value of any unused or partially used Plant and Equipment on the Site, value of contractors materials

taken over and the costs, if any, incurred in protecting the Facilities and in leaving the Site in a clean and

safe condition pursuant to paragraph (a) of GCC sub-clause no. 21.5.5. Any sums due to the Purchaser

from the Contractor accruing due to the termination shall be deducted from the amount to be paid to the

Contractor.

21.5.8 If the Purchaser completes the Facilities, the cost of completing the Facilities by the Purchaser shall be

determined. Alternatively, in case the facilities or part of the facilities is not completed, the loss or

damage suffered by the Purchaser shall be determined.

If the sum that the Contractor is entitled to be paid, pursuant to GCC sub-clause no. 21.5.7, plus the

reasonable costs incurred by the Purchaser including but not limited to expenditure as per GCC sub-clause

no. 21.5.4 (a), (b) & (c) for completing the Facilities, the loss or damage suffered by the Purchaser and/or

the applicable LD amount and damages payable by the Contractor for breach of contract is less than the

contract price, no benefit thereof shall accrue to the contractor; however if the resultant sum, exceeds the

Contact Price, the Contractor shall be liable for such excess.

If such excess is less than the sums due to the Contractor under GCC sub-clause no. 21.5.7, the Purchaser

shall pay the balance to the Contractor and if such excess is greater than the sums due to the Contractor

under GCC sub-clause no. 21.5.7, the Contractor shall pay the balance to the Purchaser. Both such

balance payments to/from the Contractor shall be without prejudice to the Purchaser‟s rights under GCC

Sub-clause 21.5.4 (d).

In the event of any payment falls due from the Contactor as aforesaid, the Purchaser reserves the right to

recover the same from any money due to the Contractor on any account as per GCC clause no. 5.15

(Recovery of Sums Due) and if such money is not sufficient the Contractor shall be called upon in writing

to pay the same within 30 days.

If the Contractor shall fail to pay the required sum within the aforesaid period of 30 days, the Engineer-in-

Charge shall have the right to retain any or all of the Contractor's unused materials, construction plant,

implements, temporary buildings etc., till the balance outstanding from the Contractor is recovered in

accordance with the provisions of the Contract.

21.5.9 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the

Performance Security Bond Guarantee nor the time thereof. The Performance Security Bond Guarantee

shall be valid for the full value and for the full period as per the Contract.

21.5.10 In the event of anyone or more of the above courses under this GCC clause no. 21.5 being adopted by the

Purchaser, the Contractor shall have no claim to compensation for any loss sustained by him by reasons of

his having purchased or procured any materials or entered into any engagements or made any advances on

account or with a view to the execution of the work or the performance of the Contract.

21.5.11In any case in which any of the powers conferred upon the Purchaser / Engineer-in-Charge by this clause,

shall have become exercisable and the same are not exercised, the non-exercise thereof shall not

constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable


GCC/EPC-4/R-3 (28.12.2016) 97 of 99

in the event of any future case of default by the Contractor and the liability of the Contractor for

compensation shall remain unaffected.

21.6 Termination of Contract on Death

21.6.1 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the

Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that

the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in

the case of partnership, the surviving partners, are capable of carrying out and completing the Contract,

the Purchaser shall be entitled to cancel the Contract as to its incomplete part without the Purchaser being

in any way liable to pay any compensation to the estate, of the deceased Contractor and/or the surviving

partners of the Contractor's firm on account of the cancellation of the contract The decision of the

Purchaser that the legal representatives of the deceased Contractor or the surviving partners of the

Contractor's firm cannot carry out and complete the Contract shall be final and binding oh the parties. In

the event of such cancellation, the Purchaser shall not hold the estate of the deceased Contractor and/or

the surviving partners of the Contractor's firm liable for damages for not completing the Contract.

22 SETTLEMENT OF DISPUTE

22.1 Settlement by Mutual Consultation:

22.1.1 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in

connection with or arising out of matters covered in the Contract, including without prejudice to

the generality of the foregoing, any question regarding its existence, validity or termination, or

execution of the facilities whether during the progress of the facilities or after their completion

and whether before or after the termination, abandonment or breach of the Contract, the parties

shall seek to resolve any such dispute or difference by mutual consultation. Efforts shall be made first to

resolve such dispute or difference at the level of Sr. GM (C&MM)/ Project Manager/ Engineer-in-charge

level, failing which the matters in dispute shall be discussed for settlement at Corporate Level of the

Purchaser and the Contractor. If the parties fail to resolve such dispute or difference by all such mutual

consultation(s), then the either party may give a thirty (30) days notice to the other party conveying its

intention to commence Arbitration as hereinafter provided as to the matter in dispute, and no Arbitration

in respect of this matter may be commenced unless such notice is given.

22.2 Arbitration

22.2.1 Any dispute in respect of which notice of intention to commence Arbitration has been given, shall be

finally settled by Arbitration. The Arbitration may be concluded prior to or after completion of the

facilities. Arbitration proceedings shall be conducted in the manner as herein below provided.

22.2.2 Consequent to issue of notice of intention to commence Arbitration by either party, both the Purchaser

and the Contractor shall appoint one Arbitrator each. These two Arbitrators shall agree between

themselves and shall appoint a third Arbitrator. The issue in dispute shall then be referred to these

Arbitrators. In any Arbitration invoked at the instance of either party to the Contract, the Arbitrator(s)

would be free to consider the counter claim of the other party even though they are not mentioned in the

reference to Arbitration. The decision either by consensus or by majority of these three Arbitrators shall

be final and binding on both the parties and shall be implemented by the parties forthwith.


GCC/EPC-4/R-3 (28.12.2016) 98 of 99

22.2.3 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead

partner, the provisions of the Arbitration & Conciliation Act, 1996, and Rules made there under and/or

any statutory modifications or re-enactment thereof for the time being in force shall apply to such

Arbitration proceedings. The Arbitrator may, from time to time, with the consent of the parties, enlarge

the time for making and publishing the award.

22.2.4 For Contract awarded to a Public Sector Enterprise, all matters in dispute to be settled through arbitration

shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise,

Government of India.

22.3 General

22.3.1 Expenditure incurred in Arbitration proceedings shall be shared equally by the Purchaser and the

Contractor.

22.3.2 Notwithstanding any reference to the Arbitration as herein before provided – (a) the Parties shall continue

to perform their respective obligations under the Contract with due diligence, unless they otherwise agree,

(b) the Purchaser shall continue to pay any moneys due and undisputed to the Contractor.

------------------x------------------


GCC/EPC-4/R-3 (28.12.2016) 99 of 99

23. ABBREVIATIONS USED

BHP Brake Horse Power

BOQ Bill of Quantity

C&MM Contracts and Materials Management Department

ECC Erection Completion Certificate

EPC Engineering, Procurement and Construction Contract

CDD Contractual Delivery Date

CENVAT Centralised Value Added Tax

CMRCIV Contractor‟s Material Receipt Cum Issue Voucher

DCR Design Concession Request

ECS Electronic Clearance System

FIM Free Issue Material

FOB Free on Board

GCC General Conditions of Contract

GR Good Receipt

IPR Intellectual Property Rights

ITT Invitation to Tender

INR Indian Rupees

kW Kilo Watt

kWh Kilo Watt Hour

L/C Letter of Credit

LD Liquidated Damages

LIBOR London Inter Bank Offer Rate

LR Lorry Receipt

MRICAR Material Receipt Intimation Cum Acceptance Report

NDT Non Destructive Testing

NPCIL Nuclear Power Corporation of India Limited

PLR Prime Lending Rate

PSB Performance Security Bond

PO Purchase Order

QA Quality Assurance

Rs. Indian Rupees

RR Railway Receipt

SCC Special Conditions of Contract

Sq. Square

T&P Tools, Plants and Equipments

USD US Dollar

UKP UK Pound

VAT Value Added Tax

WCT Works Contract Tax

Annexure-A

ADVANCE PAYMENT

NUCLEAR POWER CORPORATION OF INDIA LIMITED (Acting through) Executive Director, Directorate Of Contracts & Materials Management NUB, Anushaktinagar, Mumbai-400094. 1. WHEREAS on or about the __________________day of 201_

M/s._______________________________________________ a Company registered

under the Companies Act 1956 and having its registered office at

____________________________________________________________________

(hereinafter referred to as ‘The Contractor’) entered into an agreement bearing

No._____________________________(hereinafter referred to as ‘The Contract’),

with Nuclear Power Corporation of India Limited (A Government of India

Enterprise) acting through Director, Contracts & Material Management (hereinafter

referred to as (Purchaser) for ____________________ __________________

(hereinafter referred to as ‘The Equipment’).

2. AND WHEREAS under the terms & conditions of the contract an amount of Rs.

_____________(Rupees ____________________________ only) representing

_______ per cent advance payment out of a contract value of Rs_______ (Rupees

_____________________________ only ) is to be paid by the Purchaser to the

contractor.

3. AND WHEREAS the Purchaser has agreed in pursuance of the said terms and

conditions of the contract to make an advance payment of Rs. _________ ( Rupees

__________________________ only ) to the Contractor on the Contractor furnishing

a Bank Guarantee in the manner herein contained.

Page 1 of 4

4. NOW WE, the _______________________________________________(Bank) in

consideration of the purchaser having agreed to pay to the contractor an advance

payment of Rs, ________ ( Rupees ____________ only) do hereby agree and

undertake to indemnify the Purchaser and keep the Purchaser indemnified to the

extent of a sum not exceeding the said sum of Rs.________ ( Rupees

______________ only ) against any damage or loss that may be suffered by the

Purchaser by reason of non-fulfilment of any of the terms and conditions of the

contract by the contractor.

5. WE, ____________________________________________ ( Bank ) do hereby

undertake to pay the amount due and payable under this guarantee without any demur

merely on a demand from on behalf of Messrs NUCLEAR POWER

CORPORATION OF INDIA LTD stating that the amount claimed is due by way of

loss or damage caused to or would be caused to or suffered by the Purchaser by

reason of breach by the said Contractor (s) of any of the terms and conditions

contained in the said agreement or by reason of the Contractor(s) ‘s failure to perform

the said agreement. Any such demand made on the bank shall be conclusive as

regards the amount due and payable by Bank under this guarantee. However, our

liability under this guarantee, shall be restricted to an amount not exceeding Rs.

_______ ( Rupees _____________________________________ only .

6. We undertake to pay to the Purchaser any money so demanded not withstanding any

dispute or disputes raised by the Contractor (s) in any suit or proceeding pending

before any Court or Tribunal relating thereto our liability under this present being

absolute and unequivocal. The payment so made by us under this bond shall be valid

discharge of our liability for payment thereunder and the Contractor (s) shall have no

claim against us for making such payment.

Page 2 of 4

7. AND WE _____________________________________________( Bank ) hereby

further agree that the decision of the said NUCLEAR POWER CORPORATION OF

INDIA LTD., as to whether the Contractor has committed breach of any such terms

and conditions of the contract or not and as to the amount of damages or loss assessed

by the said NUCLEAR POWER CORPORATION OF INDIA LTD., as damage or

loss suffered by the Purchaser on account of such breach would be final and binding

on us.

8. AND WE ______________________________________________( Bank ) further

agree with the Purchaser that the Purchaser shall have the fullest liberty without our

consent and without affection in any manner our obligations hereunder to vary any of

the terms and conditions of the said agreement or to extent time of performance by

the said Contractor (s) from time to time or to postpone for any time or from time to

time any of the powers exercisable by the Purchaser against the said Contractor (s)

and to forbear or enforce any of the terms and conditions relating the said agreement

and we shall not be relieved form our liability by reason of any such variation or

extension being granted to the said contractor (s) or for any forbearance, act or

omission on the part of the Purchaser or any indulgence by the Purchaser to the said

contractor (s ) or by any such matter or thing whatsoever which under the law relating

to sureties would, but for this provision, have effect of relieving us.

9. This guarantee will not be discharged due to the change in the constitution of the

Bank or the Contractor (s ).

Page 3 of 4

10. Our guarantee shall remain in force until

_____________________________________ and unless a claim under the guarantee

is lodged with us within three months from that date all rights of the Purchaser under

the guarantee shall be forfeited and we shall be relieved and discharged from all

liabilities, thereunder.

11. Notwithstanding anything contrary contained in any law for the time being in force or

banking practice, this guarantee shall not be assignable or transferable by the

beneficiary. Notice or invocation by any person such as assignee, transferee or agent

of beneficiary shall not be entertained by the bank. Any invocation of the guarantee

can be made only by the beneficiary directly.

Dated the __________________ day of _______________________201_

For_________________________________________

( Indicate the name of the bank )

Page 4 of 4

Annexure-B

PERFORMANCE SECURITY BOND

NUCLEAR POWER CORPORATION OF INDIA LIMITED (Acting through) Executive Director, Directorate Of Contracts & Materials Management NUB, Anushaktinagar, Mumbai-400094. 1. WHEREAS on or about the (Date of the Purchase Order )

M/s._______________________________________________ a Company

incorporated under the Companies Act 1956 and having its registered office at

____________________________________________________________________

(hereinafter referred to as ‘The Contractor’) entered into an agreement bearing

No._____________________________(hereinafter referred to as ‘The Contract’),

with Nuclear Power Corporation of India Limited (A Government of India Enterprise)

acting through Director, Contracts & Material Management (hereinafter referred to as

(Purchaser) for supply of ____________________ __________________ (hereinafter

referred to as ‘The Equipment’).

2. AND WHEREAS under the terms & conditions of the contract, the Contractor shall

furnish Performance Security Bond for an amount of Rs. _____________(Rupees

____________________________ only) representing 10% of the total value of the

contract in the form of a bank guarantee, in a manner herein contained duly executed

by a scheduled/nationalised bank towards satisfactory performance of the contract and

performance of the equipment and against any loss or damage caused to or suffered or

would be caused to or suffered by the Purchaser by reason of any breach by the said

Contractor(s) of any terms and conditions contained in the said agreement. The

Performance Security Bond shall be valid till satisfactory completion of Defect

Liability Period covering the Warranty/Guarantee period of the equipment as per the

terms & conditions of the said agreement.

Page 1 of 3

3. NOW WE, the _______________________________________________(Bank) in

consideration of the promises do hereby agree and undertake to pay to the Nuclear

Power Corporation of India Limited, (the purchaser) on behalf of the Contractor, the

said sum of Rs._____________(Rupees _______________________________Only),

the amount due and payable under the guarantee without any demur, merely on a

demand from the Nuclear Power Corporation of India Limited stating that the amount

claimed is due by way of loss or damage caused to, or suffered by, the Purchaser by

reason of any breach by the said Contractor of any of the terms and conditions

contained in the said agreement or by reason of the contractors failure to perform the

said agreement or by reason of unsatisfactory performance of the equipment during

the Warranty period. Any such demand, made on the bank, shall be conclusive as

regards the amount due and payable by the Bank under this guarantee. However, our

liability under this guarantee shall be restricted to an amount not exceeding

Rs._________________(Rupees _____________________________only).

4. WE undertake to pay to the Purchaser the said sum of Rs.______________ (Rupees

_______________________________________ Only), demanded notwithstanding

any dispute or disputes raised by the Contractor(s), in any suit on proceedings

pending before any Court or Tribunal relating thereto, our liability under this presents

being absolute irrevocable and unequivocal. The payment so made by us under this

bond shall be a valid discharge of our liability for payment thereunder and the

Contractor shall have to no claim against us for making such payment.

5. WE HEREBY further agree that the decision of the Nuclear Power Corporation of

India Limited as to the amount of damages suffered by the Purchaser by reasons(s) of

any breach by the said Contractor or whether the said equipment is giving satisfactory

Page 2 of 3

performance or not during the Warranty Period as per the terms and conditions of the

said agreement, shall be final and binding on us.

6. AND WE, the _____________________________________ (Bank) do hereby

further agree that our liability hereinunder shall not be discharged by virtue of any

agreement between the Purchaser and the Contractor whether with or without our

knowledge and/or consent and shall remain in full force and effect during the period

that would be taken for the performance of the said agreement or by reason of the

Purchaser showing any indulgence or forbearance to the Contractor whether as to

payment, time for performance, or any other matter whatsoever relating to the

contract, which but for this provision, would amount to discharge of the surety under

the law.

7. THIS guarantee will not be discharged due to the change in the constitution of the

Bank or the Contractor.

8. OUR Guarantee shall remain in force until ___________________ and unless a claim

under the guarantee is lodged with us within three months from the said date, all

rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved

and discharged from all our liabilities hereunder.

9. Notwithstanding anything contrary contained in any law for the time being in force or

banking practice, this guarantee shall not be assignable or transferable by the

beneficiary. Notice or invocation by any person such as assignee, transferee or agent

of beneficiary shall not be entertained by the bank. Any invocation of the guarantee

can be made only by the beneficiary directly.

Dated the __________________________ day of ____________________ 201_

For _________________________________

(indicate the Name of bank) Page 3 of 3

Annexure - C

RETENTION BANK GUARANTEE NUCLEAR POWER CORPORATION OF INDIA LIMITED (Acting through) Executive Director, Contracts & Materials Management Nabhikiya Urja Bhavan, Anushaktinagar, Mumbai - 400 094. 1. WHEREAS on or about the ________day of _________ M/s. ________________ a

Company registered under the Companies Act 1956 and having its registered office at ______________________ (hereinafter referred to as 'The Contractor') entered into an agreement bearing No.________________________ dtd.____________ (hereinafter referred to as the 'The Contract'), with Nuclear Power Corporation of India Limited (acting through Executive Director, Contracts & Materials Management Group) (hereinafter referred to as the ‘The Purchaser') for supply of_________________________(hereinafter referred to as 'The Equipment').

2. AND WHEREAS under the terms and conditions of the contract balance 10%

payment is to be made against _________________________________________ and on the supplier furnishing a retention bank guarantee for Rs._______________ (Rupees ____________________________________only) representing 10% of the contract value in the manner herein contained.

3. NOW WE, (Bank) _____________________________________________________

in consideration of the Purchaser having agreed to pay to the Contractor balance payment of Rs.______________________ (Rupees___________________________ ___________________________________only) do hereby agree and undertake to indemnify the Purchaser and keep the Purchaser indemnified to the extent of a sum not exceeding the said sum of Rs.__________________ (Rupees_________________ _________________________only) against any damage or loss that may be suffered by the Purchaser by reason of non fulfillment of any of the terms and conditions of the contract by the CONTRACTOR.

4. WE, the (Bank) _________________________________________, do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the EXECUTIVE DIRECTOR, CONTRACTS AND MATERIALS MANAGEMENT on behalf of M/s. NUCLEAR POWER CORPORATION OF INDIA LIMITED stating that the amount claimed is due byway of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor of any of the terms and conditions contained in the said agreement or by reason of the Contractor(s) failure to perform the said agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs._______________(Rupees _______________________________________only).

Page 1 of 2

Annexure - C

5. We undertake to pay to the Purchaser any money so demanded notwithstanding any dispute or disputes raised by the Contractor(s), in any suit or proceedings pending before any court or tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Contractor(s) shall have no claim against us for making such payment.

6. AND WE, the (Bank) ____________________________________________, hereby further agree that the decision of the said EXECUTIVE DIRECTOR, CONTRACTS AND MATERIALS MANAGEMENT GROUP, NUCLEAR POWER CORPORATION OF INDIA LIMITED as to whether the Contractor has committed breach of any such terms and conditions of the contract or not and as to the amount of damages or loss assessed by the said EXECUTIVE DIRECTOR, CONTRACTS AND MATERIALS MANAGEMENT GROUP, NUCLEAR POWER CORPORATION OF INDIA LIMITED as damage or loss suffered by the Purchaser on account of such breach would be final and binding on us.

7. WE, the (Bank) ___________________________________________, further agree with the Purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor and to forebear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variations or extensions being granted to the said Contractor or for any forbearance, act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said Contractor or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision have effect of relieving us.

8. THIS GUARANTEE will not be discharged due to the change in the constitution of

the Bank of the Contractor(s)/Supplier(s).

9. Notwithstanding anything contrary contained in any law for the time being in force or banking practice, this guarantee shall not be assignable or transferable by the beneficiary. Notice or invocation by any person such as assignee, transferee or agent of beneficiary shall not be entertained by the bank. Any invocation of the guarantee can be made only by the beneficiary directly.

NOTWITHSTANDING ANYTHING CONTAINED herein above, our liability under this guarantee is restricted to Rs._____________________ (Rupees _______________________ ___________________________ only). Our guarantee shall remain in force for a period of three months from the date of the bank guarantee i.e. up to ___________________and unless a claim under the guarantee is lodged within the above date, all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all liabilities under this guarantee there under.

Dated the _______________ day of ________________201_

For____________________________

(Indicate the name of the Bank)

* * *

Page 2 of 2

Annexure-D

APPLICATION FOR PAYMENT

Will be issued later

Annexure - E

FORMAT OF INDEMNITY BOND

AGAINST FREE ISSUE MATERIALS

(FIM) TO BE EXECUTED ON A NON-

JUDICIAL STAMP PAPER VALUED AT

RS.

INDEMNITY BOND

This Indemnity Bond made this_____ day of______ between

M/s_________________________ having its registered office at______________

hereinafter referred to as “The Contractor” which expression shall include its successors

and assigns on one part and Nuclear Power Corporation of India Limited (A Govt. of

India Enterprise), acting through Executive Director, CMM or other Officers)

________________________________________ hereinafter referred to as “The

Purchaser”, which expression shall include its successors and assigns, on other part.

Whereas the Nuclear Power Corporation of India Limited has placed a Purchase

Order/Contract No.__________________________________________ dated ________

hereinafter referred to as “Purchase Order” on the Contractor and the Contractor has

accepted to execute the Purchase Order.

And whereas, the Purchaser has agreed to supply the Free Issue Materials referred to in

the Contract/Purchase Order for the purpose of fabrication, machining and supply of the

equipment and stores as referred to in the Contract/Purchase Order.

And whereas, the Contractor has agreed to furnish an Indemnity Bond for a sum of

Rs.______________________________________(Rupees________________________

__________) being amount equivalent to the value of the free issue materials to be

supplied by the Purchaser.

Whereas it is explicitly understood that the materials to be supplied is held by the

Contractor for and on behalf of Nuclear Power Corporation of India Limited and that

ownership of the materials used for fabrication/machining etc. rests with Nuclear Power

Corporation of India Limited, till the fabricated/machined equipment/components are

delivered to the Purchaser and balance and left over materials as per free issue material

account as approved by the Purchaser’s engineer is/are returned to the Purchaser.

NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE

ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF

INDIA LIMITED.

1. The Contractor hereby undertake to pay to the Nuclear Power Corporation of

India Limited on demand the said sum of

Rs.______________(Rupees_______________________________) in the event

of any breach of the conditions of the Purchase Order, loss and damage of the

material and balance material not being returned on or

before________________________or any other date mutually agreed.

2. The Contractor shall be totally responsible for safety of the material during

which it remains in their custody/control and adequate care for preservation of

the item.

3. The Contractor shall undertake to preserve the material with due and proper care

and to keep it insured for the period during which it remains in their

custody/control.

4. The Contractor shall be responsible for safe return of the balance materials off

cuts, scraps to the final destination.

5. This bond shall remain in force and effect so long as the full account of free

issue materials is settled to the satisfaction of the Purchaser and balance material

is returned to the Purchaser.

6. The Contractor shall not stand discharged or released from the Indemnity Bond

given by them under this bond on account of any alteration in the obligation of

the parties to the Contract or on account of any indulgence or forbearance as to

the payment, time, performance, or otherwise granted by Nuclear Power

Corporation of India Limited to the Contractor in relation to the Purchase Order.

It witness whereof the parties hereto have caused the bond to be duly executed on the day

and the year first above written.

For (Contractor’s Name)

* * *

ANNEXURE-F

The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the following certificates:

Certified that:

1. Excise Duty claimed in this/these bill/bills is/are not more than what is / are payable under the provisions of the relevant act or the rules made there under.

2. The amount of Rs____________________ claimed as Excise Duty in this bill has been/will be paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities.

3. No refund of Excise Duty for the goods covered under the bill/bills has/have been received from the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities.

4. In the event of any refund of Excise Duty being received, we undertake to promptly pass on the same to NPCIL. In addition, we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts.

--------------------------------------------------------------------------------------------------------------------------

ANNEXURE-G

Certificate to be furnished by the Contractor along with the invoice/bills when sales/ Central Sales Tax as extra is claimed.

Certified that:

1) Goods and packing charges on which sales tax (Central or State)/ VAT claimed are not exempted from payment of Sales Tax (Central or State)/ VAT under the Provisions of Sales Tax Act or Rules.

2) We, as a registered dealer, are being assessed to Sales Tax.

3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax Authorities, we shall promptly pass on the same to the Purchaser. In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts.

4) We are registered as dealers in the State of _________________ and our local/Central Sales Tax Registration No. is __________________________.

ANNEXURE-H Certificate to be furnished by the contractor along with the Invoice/Bills when service tax is claimed. Certified that: 1. Services on which service tax claimed are not exempted from payment of

service tax under the provisions of Extant Rules. 2. We are registered with Central Excise Department for service tax and our

Registration number is _____________________. 3. We undertake to pursue the matter for refund in case the exemption is

received by NPCIL from the Govt. of India for payment of service tax. In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities, we shall promptly pass on the same to the purchaser. In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts.

4. We hereby confirm that Service Tax has been remitted/will be remitted in accordance with the Service Tax Rules.

Signature of Contractor or their Authorised Representative.

Annexure-I

ERECTION COMPLETION CERTIFICATE


Annexure-J

OPERATIONAL ACCEPTANCE CERTIFICATE


Nuclear Power Corporation of India Limited General Conditions of Contract for Engineering, Procurement and

Construction Contracts

Contract Conditions for Industrial Safety

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1.0 Applicability:

The safety clauses are applicable to Engineering, Procurement and Construction Contracts.

2.0 Safety Guidelines:

2.1 The contractor shall provide and maintain all lights, fencing, guards, warning signs and

caution board and similar items as required ensuring safe working conditions at work site.

2.2 The contractor and his sub-contractor shall comply with the instructions given by

departmental safety officer or his representative(s) regarding safety precautions, protection

measures and housekeeping etc.

2.3 The contractor shall comply with all provisions of “AERB Safety Guide for Works

Contract” Document No. AERB/SG/IS-1 and other safety requirements as applicable to

specific site. A copy of the guide can be obtained from NPCIL on request.

2.4 The contractor shall provide proper access and working platforms for all place of work as

per laid down standards or as advised by Engineer-in-charge or Head-IS&F.

2.5 The contractor shall ensure that all floor openings in his work are guarded/barricaded

during the course of work and at the end of each day’s work.

2.6 The Contractor shall meet statutory requirements as well as regulatory requirements

applicable to the project, in general, and NPCIL in particular, especially the requirements

as per Factory Act-1948 (amended in 1987), Atomic Energy factories Rule-1996 (AEFR-

1996 or latest version available at the time of work execution), safety guidelines for Job

Hazard Analysis (JHA) & AERB notifications on Industrial & Fire safety. The copies of

the same can be obtained from NPCIL on request.

2.7 The contractors’ safety professionals shall be well aware about Acts, Rules connected with

Industrial Safety and practices particularly applicable to the project and to that effect they

have to undergo an assessment at the project within 15 days of their placement at the

project at the cost of the contractor and then only he/she would be given permanent entry

pass to plant and considered in the required strength of the safety professionals.

2.8 Workers in general shall not be deployed at work for more than 10 hrs/day and in no case

more than 12 hrs/day.

2.9 All PPE procured and provided to workers shall conform to relevant Indian Standards and

should be maintained in healthy condition by suitable storage, maintenance and inspection.

2.10 The contractor shall be held responsible for non-compliance of any of the safety measures,

injuries, fatalities and compensation arising out of such situations or accidents, and shall be

liable as per the Part-B clauses.




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3.0 Employees Safety & Workmen Compensation:

Contractor shall be responsible for safety of all his employees during execution of the

contract work. As per Workmen’s Compensation Act, 1923 (Amended in 2000), the

contractor will ensure the payment of compensation to his employees in case of an accident

as early as possible within the time frame permitted by the law of land.

4.0 Safety organization of the contractor

4.1 Every contractor shall have an Industrial safety organization having qualified safety

professionals as enumerated below prior to the execution of job at project. The minimum

numbers of safety professionals shall be

(i) One graduate engineer having post/advance diploma in Industrial safety – for every

1000 workers or part thereof.

(ii) Two numbers of safety supervisors having diploma in engineering and diploma in

Industrial safety or at least 6 years experience should be in each shift for every 1000

workers or part thereof. Additional one supervisor for every 500 workers.

4.2 The above is the minimum requirement of safety professionals. The Head (Industrial Safety

and Fire) henceforth be termed as Head-IS&F, of the plant, can ask for more safety

professionals depending upon nature of jobs being executed by the contractor.

4.3 Contractor’s safety professionals shall technically report to Departmental safety

organization under Head-IS&F at plant site. However, administrative control and

management of safety in the contract work would be the responsibility of the contractor.

A committee consisting of representatives of QA, Training and Industrial Safety Group of

Headquarters would carry out the verification of safety professional

qualification/competence time to time at site.

4.4 In case contractor fails to employ the required safety professionals, the department may at

the cost and risk of the contractor deploy additional/required safety professionals. The cost

incurred towards this shall be deducted from contractor’s bill at following the rates.

1. Safety Engineer = Rs. 1500/day.

2. Safety Supervisor = Rs. 1000/day.

If the required safety professionals are not employed within a month of date of the

observation/inspection the payment to the contractor shall be regulated as per S.No. 1 of

Annexure-1 applicable for safety professionals

.

5.0 Job Supervision at site

5.1 The contractor must ensure adequate job supervision through educated, qualified and

experienced supervisors - at least one supervisor for each hazardous job activity to ensure

safety during work execution. Similarly, there should be adequate on-site engineering

support ensuring coverage of atleast one experienced engineer for every ten supervisors

and part thereof.




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5.2 In case, the contractor is unable to arrange required work supervisors and engineers for

work technical support, a penalty of Rs 10000/- per month for each vacancy will be levied

and such five penalties in a year will attract additional fine on him up to Rs 100000/- apart

from the payment he has to make for cost of departmental effort to supplement the

requirements as specified at 5.1 above. The decision of the Engineer-in-charge, in regard

to the penalty imposed shall be final and binding. However, before imposition of penalty, a

fair opportunity of being heard, shall be provided to the contractor.

The payment under this clause would be adjusted in Clause- 10.

6.0 Training requirements

6.1 Every Mega Package Contractor or large contractor must build all necessary

infrastructure for imparting induction safety training, mock-up trainings and job

specific training at plant site at his cost. The required space will be provided free of cost

by NPCIL. The Training matters will be guided by Head, IS&F and will be monitored by

Training Superintendents. The training evaluation for its effectiveness, will be assessed by

nominee of Training Superintendent, QA and/or Head IS&F. The contractor site-in-charge

should arrange induction safety training of four hours duration to all workmen prior to

engaging them to work and refresher training on monthly basis covering 20% of the

workman in a month with 100% coverage within 6 months. This training should be given

with necessary Audio, Visual, Posters aids and as per syllabus approved by NPCIL safety

group, under the guidance of Training Superintendent or Head IS&F or his representative.

The training should be in the language understandable to workmen. This training shall

include mock trials of wearing of helmet, use of safety belt and it’s hooking up to an

independent lifeline etc. The safety-training instructor must certify the workmen for having

understood safety aspects and use of PPEs successfully in mockup trial. To ensure proper

understanding of safety instructions and safety training, the contractor shall employ literate

(at least able to read safety instructions) workers only.

In exceptional cases of not meeting literacy requirement the workers shall be imparted

supplementary training.

6.2 The job supervisors and the engineers will have to undergo detailed safety training of at

least three days duration at the plant in safety supervision and accident prevention

techniques. This training would at the cost of the contractor and then only he/she would be

given permanent entry pass to plant.

6.3 Contractor must note that in case the industrial safety induction training as per 6.2 is

not conducted within 3 days his workmen shall not get plant entry pass.

7.0 Requirements and specification of PPEs Tools and Tackles

7.1 Every contractor must keep adequate stock of ISI certified (or of relevant international

standards) personal protective equipment (PPE), safe working tools and safe working

appliances like platforms and access ladders, guard railing etc. and shall ensure these are

used during the job for safe execution of the work. These PPE, Tools and Appliances must




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be inspected quarterly. Contractor on demand by NPCIL Authorities shall produce the

record of such inspections.

7.2 All implements being used for height work like scaffold, access stairs/ladders, platform,

railings etc. should be of ISI marked material meeting requirements of AEFR-1996 and

should be certified by contractor safety professional prior to its safe use and to the effect

that each implement should have display showing it can be safely used.

If any workman is found using sub-standard or damaged PPE, tools & appliance, or any

unsafe condition/practices is observed it will be recorded for regulation of payment under

clause-10. The decision of the Engineer-in-charge, in regards to the regulation of payment

shall be final and binding.

8.0 Work Practices

8.1 The Pre Job Briefing, prior to taking up the work, will be carried out by contractor Safety

Engineer/Supervisor to all workers using plant guidelines. The Contractor shall make

arrangements for adequate and qualified supervision using checklists during the execution

of jobs. The contractor shall ensure that all his workmen must take safety permit for each

high-risk job as per project procedure.

If any hazardous work is found without safety work permit/ JHA/ safe working procedure,

it will be recorded for regulation of payment under clause-10. The decision of the

Engineer-in-charge, in with regard to the regulation of payment shall be final and binding.

8.2 Contractor working at height of more than 2.5 meter above stable floor or ground floor

must acquire height pass as per procedure including the worker’s medical fitness certificate

by certifying surgeon (having MBBS qualification) and worker’s height qualification etc.

If in any height work, the worker is found working without having height pass, it will be

recorded for regulation of payment under clause-10. The decision of the Engineer-in-

charge, in with regard to regulation of payment shall be final and binding.

8.3 Contractor shall ensure safe movement of man and material as well as vehicles in site

premises as per rules/regulations applicable at or issued by plant. In case of violation of the

rules/regulation, it will be recorded for regulation of payment under clause-10. The

decision of the Engineer-in-charge, with regards to the regulation of payment shall be final

and binding.

9.0 Safety Plan

9.1 Contractor at his cost shall perform following tasks for the jobs having high risk as

identified by Departmental Safety Group:

(i) Prepare Safe Working Procedures and ensure its implementation in field.

(ii) Carry out Job Hazard Analyses (JHA) and implement in field.

(iii) Based on JHA, the safe working procedures should be modified especially to include

checklists as necessary checkpoints for job safety supervision.

(iv) Worker(s) must be trained based on the safe working procedure and explained about

DOs & DON’Ts prior to assigning him the job.

(v) The workers must adhere to the safe working procedure for the job.




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(vi) Contractor shall ensure that all Tools, Appliances, erecting equipment and their safe

use by the contractor work force shall be meeting Indian standards. The contractor

must ensure that necessary authorization exist with workmen prior to their

deployment on a particular appliance/tool/equipment. The workmen would be

required to acquire additional authorization for crane operation, crane signaling,

blasting operation, welding and cutting operation, electrical work etc. and then only

workmen shall be deployed for such job. He shall maintain all record of tools and

equipment for their healthiness and safe use with a copy to departmental safety group.

(vii) Employing of any sub-contractor by the main contractor shall be with concurrence of

plant authorities & Engineer-In-Charge as per applicable procedure of the plant. The

main contractor shall ensure that all safety requirements/conditions are effectively

communicated to and well understood by his sub-contractor. The main contractor

should ensure safety training & availabilities of required PPEs and he will be

responsible for the safety of the workmen of his sub-contractor.

10 Payments Linked with Safety Performance

10.1 2% of the payment of the value of work order or RA Bills shall be based on Safety

Performance as per above clauses-4.1, 4.2 & 4.4; 5.2, 6.1 to 6.4; 7.1 to 7.3; 8.2, 8.4and 8.5

during the contract period. The checklist No. NPCIL/04710/Safety/2006/M/Checklist No.2

(attached at Annexure-I) shall be applicable for regulation of 2% safety linked payment

which shall be duly certified by the committee consisting of the representative of Head (IS

&F), QA and Engineer-in-charge.

10.2 The deduction towards other clauses, e.g. Penalties for serious accidents as defined under

clause-11, and workman compensation as defined under in clause-3 of Part-A will be in

addition to payments regularized under clause 10.1

11.0 Penalties for Serious Accidents

Following shall be the penalties for each category of serious accident:

(i) For each Serious accident (Loss of man days 21 or more) - Rs. 10,000/-.

(ii) For a each fatality – Rs.10, 00, 000/-

12.0 Safety performance Record

On completion of the contract work, a safety performance certificate of the safety record

during the execution of the work will be jointly made by Engineer-in-charge, Head (IS&F)

and QA representative and that shall be referred in future contract evaluation. Certificate

shall be based on Annexure-I and Serious Accident record.




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Annexure – I

NPCIL/04710/Safety/2006/M/Checklist No. 02

Checklist cum Certificate for RA Bill payment based on Safety Performance

Sr.

No.

Safety Parameters Safety

Clause

% of Running Account (RA) bill for safety

compliance

Actual payable

01. Safety Professional Required nos. of Safety

Professional employed as per

clause.

4.1, 4.2

& 4.4

0.4%of RA Bill (Max.)

0.0% if requisite no. of Safety Professionals

are not posted at site within one month.

02 Job Supervision at site

Required nos. of Job

Supervisors employed as per

clause.

5.2

0.1% of RA Bill (Max.)

0.0% if requisite no. of Job Supervisors are

not posted at site within fifteen days.

03. Safety Training i) Safety training imparted to

all employees (100%).

ii) Safety training imparted to

< 80% of its employees.

6.1 to 6.4


0.0% of RA Bill

04. Use of proper PPEs & tools,

Safe working

condition/practices.

7.1 to 7.3

0.3% (Max.) of RA Bill

0.0% of RA Bill if more than ten nos. of

unsafe conditions/ practices observed.

05.

Work Practices 4.1 Adherence to Pre-job

Briefing, JHA, Safety Work

Permit & Safe Working

Procedure for Hazardous

works

4.2 All employees working at

height have height pass.

8.2

8.4


0.0% of RA Bill value for > 5 cases as per

condition given in clause 8.2.


0.0% of RA Bill value for > 5 cases as per

condition given in clause 8.4.

06 Safe movement of man and

material as per rule and

regulation applicable at the

site.

8.5


0.0% of RA Bill if more than 5 violations

were observed in a month as per clause 8.5

Payment certified by :

Engineeer-in-Charge (Works) QA Representative Head (IS & F)

1

GOVERNMENT OF INDIA

AERB SAFETY GUIDE

SAFETY GUIDE FOR

WORKS CONTRACT

ATOMIC ENERGY REGULATORY BOARD

2

AERB/SG/IS-1

SAFETY GUIDE

FOR

WORKS CONTRACTS

Government of India Atomic Energy Regulatory Board

Bombay – 400 095

August 1991

3

I

C O N T E N T S

Page

1. Introduction 1 2. General Safety Provisions 1 3. Traffic 2 4. Safe Means of Access 3 5. Excavation, Trenching and Earth Removal 4 6. Concreting 5 7. Demolition 5 8. Personal Protective Equipment 6 9. Painting 7 10. Lifting Machines & Tackles 8 11. Welding and Gas cutting 9 12. Grinding 10 13. Electricity 10 14. House Keeping 11 15. Fire Safety 11 16. Safety Work Permit 12 17. Work in Radiation Area 12 18. Work in and around Water Bodies 12 19. Medical Facilities 12 20. Safety Officer and Safety Coordination 13 21. Reporting of Accident 13 22. Public Protection 13 23. Other Statutory Provisions 13

4

II

Annexure : Guidelines and General Procedures 15 For supply and Use of Electricity at Site Forms 1 Form for completion certificate 23

2. Application for Service Connection by Contractor 24

5

III

F O R E W O R D

Generally the number of accidents are more during construction phase of

a Project. These accidents involve mostly contractor workers. A need for a

single document in the form of a guide or a manual defining the work situations

during construction phase and the required safety

precautions/procedures/equipment to be taken/followed/used was recognized by

DAE SRC. In its meeting No. 259 held on 5th February, 1986, a Committee with

Shri K.S. Somayaji as the Convenor was constituted to look into the type of

accidents occurring during construction phase and also to evolve a guide to

contain safety precautions that are required to be taken in the construction

activities.

This Sub-Committee‟s report was discussed by DAE SRC in its meeting

No. 271 held on 18th June 1986 but unfortunately could not be finalized. On

January 3, 1990, this document was circulated to all the units of DAE and also to

members of SARCOP for their comments. Several units and members of

SARCOP have given their comments and these comments were further reviewed

by another Group in consultation with Shri K.S. Somayaji. This Group eventually

finalized the guide in its present form taking note of the comments from all the

agencies.

In this guide certain qualitative terms like adequate, minimum, near,

suitable, good quality, sufficient, etc. have been used, since it is not possible to

quantify them for the varied nature of jobs that are being handled at the

construction sites. It is recommended that the Safety Engineer and the

concerned Engineer In-Charge may be consulted for their better judgment on

meeting the qualitative requirements.

6

IV

This guide was finally discussed at SARCOP Meeting No. 88 held on 22nd

August, 1990 and was approved. Every unit of DAE and its Undertakings are

required to use the document as a guide to be followed in the award of works

contracts to the contractors for compliance with the safety precautions laid down.

It is incumbent that this guide be included as part of the tender document for

effective compliance.

SARCOP places on record its appreciation for the interest shown by

various agencies and individuals in scrutinizing the draft and sending their

comments. SARCOP also places on record its appreciation of the time and effort

put in by the Committee and the Group to bring this guide in its final form.

(S.D. Soman) Chairman, AERB

Bombay

August 1991

1

SAFETY GUIDE FOR WORKS CONTRACT

1. INTRODUCTION

Many of the works of Department of Atomic Energy at its various sites are executed by the contractors. During these works, contractors personnel are likely to be exposed to different types of hazards. Similarly, unsafe acts of contractors personnel may generate hazards for Departmental staff and/or workmen of other contractors working at the site. Such unsafe acts may also pose danger to the existing installations and even to members of public. This guide is prepared to facilitate safe working during execution of contract works. It is hoped that units of DAE may issue this guide as a part of contract documents while awarding contracts.

2. GENERAL SAFETY PROVISIONS 2.1 The Contractor shall take all safety precautions during the execution of

awarded work and shall maintain and leave the site safe at all times. At the end of each working day and at all times when the work is temporarily suspended, he shall ensure that all materials, equipment and facilities will not, cause damage to existing property, personal injury or interfere with the other works of the Project or Station. The Contractor shall comply with all applicable provisions of the safety regulations, clean up programme and other measures that are in force at the site.

2.2 The Contractor shall provide and maintain all lights, guards, fencing,

warning signs, caution boards and other safety measures and provide for vigilance as and where necessary or as required by the Engineer-in-charge or by any duly constituted authority for the protection of workers or for the safety of others. The caution boards shall also have appropriate symbols.

2.3 Adequate lighting facilities such as flood lights, hand lights and area

lighting shall be provided by the Contractor at the site of work, storage area of materials and equipment and temporary access roads within his working area. The Contractor shall obtain written approval of the Engineer-in-charge to the lighting scheme and place of tapping prior to its installation.

2.4 The Contractor shall plan his operations so as to avoid interference with

the other Departmental works, other Contractors or sub-Contractors at the site. In case of any interference, necessary coordination shall be sought by the contractor from the Department for safe and smooth working.

2

2.5 The Contractor and his sub-contractor, if any shall comply with the instructions given by the Safety Engineer or his authorized nominee regarding safety precautions, protective measures, house keeping requirements, etc. The Safety Engineer with due intimation to Engineer-in-Charge shall have the right to stop the work of the Contractor, if in his opinion proceeding with the work will lead to an unsafe and dangerous condition. Engineer-In-Charge shall get the unsafe condition removed or provide protective equipment at the contractors cost. The contractor can employ his own Safety Engineer or nominate one of his officers for liaison with Departmental Safety Engineer for ensuring compliance of all safety rules. Contractor shall ensure that all his workmen are aware about the nature of risk involved in their work and have adequate training for carrying out their work safely.

2.6 The contractor shall be held responsible for non-compliance of any of the

safety measures and delays, implications, injuries, fatalities and compensation arising out of such situations or incidents.

3. TRAFFIC 3.1 The Contractor shall conduct his operations so as to interfere as little as

possible with the use of existing roads at or near locations where the work is being performed.

3.2 When interference to traffic is inevitable, notice of such interference shall

be given to the Engineer-in-charge well in advance (atleast 48 hours) with the details of start of the work and time required, storage of materials, and details of the proposed methods of providing the required facilities for safe and continuous use of roads and obtain his clearance.

3.3 The Contractor shall, at his own expense, make such approved temporary

provisions as are required to maintain atleast one lane of traffic by bridging the excavation, providing ramps over surface obstructions or providing suitable temporary bye-pass around the obstructions. The Contractor shall exercise full care to ensure that no damage is caused by him or his workmen, during the operation, to the existing water supply, sewerages, power or telecommunication lines or any other services or works. The Contractor shall be required to provide and erect before construction, substantial barricades, guard-rails, and warning signs. He shall furnish, place and maintain adequate warning lights, signals, etc., as required by Engineer-in-charge.

3

4. SAFE MEANS OF ACCESS 4.1 Adequate and safe means of access and exit shall be provided for all work

places, at all elevations. Using of scaffolding members (avoiding a ladder) for approach to high elevations shall not be permitted.

4.2 Suitable scaffolds shall be provided for workmen for all works that cannot

safely be done from the ground, or from solid construction except such short duration work as can be done safely from ladders. Ladder shall be of rigid construction having sufficient strength for the intended loads and made either of good quality wood or metal and all ladders shall be maintained well for safe working condition. An extra mazdoor shall be engaged for holding the ladder if ladder is not securely fixed. If the ladder is used for carrying materials as well, suitable foot holds and hand holds shall be provided on the ladder. The ladder shall be given an inclination not steeper than 1 in 4 (1 horizontal and 4 vertical). Ladders shall not be used for climbing carrying materials in hands. While climbing both the hands shall be free.

4.3 Scaffolding or staging more than 3.5 m above the ground or floor, swung

or suspended from an overhead support or erected with stationary support shall have a standard guard rail properly attached, bolted, braced or otherwise secured at least 1.0 m high above the floor or platform of such scaffolding or staging. The guard rail shall extend along the entire exposed length of the scaffolding with only such opening as may be necessary for the delivery of materials. Standard railing shall have posts not more than 2 m apart and an intermediate rail halfway between the floor or platform of the scaffolding and the top rail. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure. Scaffolding and ladder shall conform to relevant IS specification (IS 3696-1966). Timber/Bamboo scaffolding shall not be used.

4.4 Working platforms of scaffolds shall have toe boards atleast 15 cm in

height to prevent materials from falling down. 4.5 A sketch of the scaffolding proposed to be used shall be prepared and

approval of the Engineer-in-charge obtained prior to start of erection of scaffolding. All scaffolds shall be examined by Engineer-In-Charge before use.

4.6 Working platform, gangways and stairways shall be so constructed that

they shall not sag unduly or unequally and if the height of the platform or gangway or stairway is more than 3.5 m above ground level or floor level, they shall be closely boarded, shall have adequate width for easy

4

movement of persons and materials and shall be suitably guarded as described in 3.3 above.

4.7 The planks used for working platform shall not project beyond the end

supports to a distance exceeding four times the thickness of the planks used. The planks shall be rigidly tied at both ends to prevent sliding and slippage. The thickness of the planks shall be adequate to take load of men and materials and shall not collapse.

4.8 Every opening in the floor of a building or in a working platform shall be

provided with suitable means to prevent fall of persons or materials by providing suitable fencing or railing, the minimum height of which shall be 1.0 m, along with 15 cm high sheet obstruction at floor level along the railing.

4.9 Safe means of access shall be provided to all working platforms and other

elevated working places. Every ladder shall be securely fixed. No single portable ladder shall be over 9 m in length. For ladders upto 3m in length the width between side rails in the ladder shall in no case be less than 300 mm. For longer ladders this width shall be increased by atleast 20 mm for each additional meter of length. Step spacing shall be uniform and shall not exceed 300 mm.

4.10 Adequate precautions shall be taken to prevent danger from electrical

lines and equipment. No scaffolding, ladder, working platform, gangway runs, etc. shall exist within 3 meters of any uninsulated electric wire. Whenever electric power and lighting cables are required to run through (pass on) the scaffolding or electrical equipments are used, such scaffolding structures shall have minimum two earth connections with earth continuity conforming to IS Code of Practice.

5. EXCAVATION, TRENCHING AND EARTH REMOVAL

5.1 All trenches 1.2 m or more in depth shall at all times be supplied with at least one ladder for each spacing of 30 m in length or fraction thereof. Ladder shall be extended from bottom of the trench to at least 1 m above the surface of the ground.

5.2 The sides of the trench which are 1.2 m or more in depth shall be stepped

back to give suitable slope (angle of repose) or securely held by timber bracing, so as to avoid the danger of sides from collapsing. The excavated material shall not be placed within 1.5 m of the edges of the trench or half of the depth of the trench, whichever is more. Cutting shall be done from top to bottom. Under no circumstances mining or under-cutting shall be done.

5

5.3 The contractor shall ensure the stability and safety of the excavation, adjacent structures, services and the works.

5.4 Open excavations shall be fenced off by suitable railing and warning

signals installed at night at well lit places so as to prevent slipping or falling into the excavations.

5.5 All blasting operations shall be carried out on the basis of procedures

approved by Inspector of Explosives. All works in this connection shall be carried out as per IS Code of Practice. Barricades, Warning Signs etc. shall be placed on the roads/open area. Prior approval of such operation shall be obtained from Safety Engineer/Engineer-In-Charge of works.

5.6 a) For removal of earth from an earth mound a written permission

shall be obtained from the Engineer-In-Charge of the work and the Engineer-In-Charge of the earth mound.

b) As far as practical, earth shall be removed mechanically. c) Wherever manual removal of earth is involved, earth shall be

removed from the top by maintaining the proper slope equal to the angle of re-pose of the earth.

d) Such work shall be constantly supervised by the contractor‟s

responsible person and frequently inspected by the departmental representative to ensure that no under-cutting is done.

6. CONCRETING Shuttering and supporting structures shall be of adequate strength and

approved by Engineer-In-Charge. This shall be ensured before concrete is poured. The procedure approved by Engineer-In-Charge shall be followed for mixing, transporting and pouring of concrete.

7. DEMOLITION Before any demolition work is commenced and also during the progress of

the work:

(a) All roads and open area adjacent to the work site shall either be closed or suitably protected. Appropriate warning signs shall be displayed for cautioning approaching persons.

(b) Before demolition operations begin, the Contractor shall ensure that

the power on all electric service lines is shut off and the lines cut or disconnected at or outside the demolition site. If it is necessary to

6

maintain electric power during demolition operation, the required service lines shall be adequately protected against damage. Persons handling heavy materials/equipments shall wear safety shoes.

(c) No floor, roof or other part of the building shall be overloaded with

debris or materials as to render it unsafe.

(d) Entries to the demolition area shall be restricted to authorized persons only.

8. PERSONAL PROTECTIVE EQUIPMENT

All necessary personal protective equipment as considered necessary by the Engineer-In-Charge shall be kept available by contractor for the use of the persons employed on the site and maintained in a condition suitable for immediate use. Also the Contractor shall take adequate steps to ensure proper use of equipment by those concerned. The personal protective equipments are to be provided by the contractor. (a) All persons employed at the construction site shall use safety

helmets. For other types of works, persons working in that area shall also use safety helmets, if advised by Safety Engineer/Engineer-In-Charge.

(b) Workers employed on mixing asphaltic materials, cement and lime

mortars shall use protective goggles, protective foot wear and hand gloves. Use of proper respirators shall be an advantage.

(c) Persons engaged in welding and gas cutting works shall use

suitable welding face shields. The persons who assist the welders shall use suitable goggles. Protective goggles shall be worn while chipping and grinding.

(d) Stone breakers shall use protective goggles. They shall be seated

at sufficiently safe intervals of distance.

(e) Persons engaged in or assisting in shot blasting operations and cleaning the blasting chamber shall use suitable gauntlets, overalls, dust-proof goggles, boots and protective hood supplied with fresh air at the minimum rate of 9 m3 /hr.

(f) All persons working at heights more than 4.5 m above ground or

floor and exposed to risk of falling down shall use safety belts, unless otherwise protected by cages, guard railings, etc. In places where the use of safety belts is impractical, suitable net of

7

adequate strength fastened to substantial supports shall be employed.

(g) All powered two-wheeler motorcycle and scooter drivers an their

pillion riders shall wear crash helmets inside the Project/Plant sites.

(h) When workers are employed in sewers and inside manholes which are in use, the Contractor shall ensure that the manholes are opened and are adequately ventilated atleast for an hour. After it has been well-ventilated, the atmosphere inside the space shall be checked for the presence of any toxic gas or oxygen deficiency and recorded in the register before the workers are allowed to get into the manholes. The manholes opened shall be cordoned off with suitable railing and provided with warning signals or caution boards to prevent accidents. There shall be proper illumination in the night.

9. PAINTING 9.1 The Contractor shall not employ women on the work of painting with

products containing lead in any form. Only men above the age of 18 years shall be employed on the work with lead paint. The following precautions shall be taken during the work.

* Supplied air respirators shall be provided for use by the workers

when paint is applied in the form of spray, or a surface having lead paint is dry rubbed or scraped.

* Overalls shall be supplied by the Contractors to the workmen and

adequate facilities shall be provided to enable the painters to wash at the cessation of work.

* All painting jobs, especially those in which lead paints are used

shall be kept under industrial hygiene surveillance. 9.2 Smoking, open flames or sources of ignition shall not be allowed in places

where paints and other flammable substances are stored, mixed or used. A caution board, with the instructions written in national/regional language, “SMOKING – STRICTLY PROHIBITED” shall be displayed in the vicinity where painting is in progress or where paints are stored. Symbols shall also be used for caution boards.

Suitable fire extinguishers/sand buckets shall be kept available at places where flammable paints are stored, handled or used.

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When painting work is done in a closed room or in a confined space, adequate ventilation shall be provided. If adequate ventilation cannot be provided, workers shall wear suitable respirators.

9.3 Epoxy resins and their formulations used for painting shall not be allowed

to come in contact with the skin. The workers shall use plastic gloves and/or suitable barrier creams.

Adequate ventilation shall be provided especially when working with hot resin mixes. Increased personal hygiene shall be practiced to control inadvertent contact with the resin and eliminate its effects. Workers shall thoroughly wash hands and feet before leaving the work. Work clothes shall be changed and laundered frequently.

10. LIFTING MACHINES AND TACKLES 10.1 Use of lifting machines and tackles including their attachments, anchorage

and supports shall conform to the following standards or conditions.

(a) Lifting machines and tackles shall be of good mechanical construction, sound material and adequate strength and free from any defects and shall be kept in good repair and in good working order.

Every rope used in hoisting or lowering materials or as a means of suspension shall be of good quality and adequate strength and free from any defect.

(b) Every crane operator or lifting appliance operator shall be properly

qualified. No person under the age of 21 years shall be in charge of any hoisting machine or give signal to operator of such machines.

(c) In case of every lifting machine (and of every chain, ring, hook,

shackle, swivel and pulley block used in hoisting or as means of suspension) the safe working load shall be ascertained and clearly marked. In case of a lifting machine having a variable safe working load, each safe working load and the conditions under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing. This shall be approved by the Safety Engineer.

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(d) In case of departmental machines, the safe working load shall be notified by the Engineer-in-charge. As regards Contractor‟s machines, the Contractor shall notify the safe working load of the machine to the Engineer-in-charge whenever he brings any machinery to site of work and get it verified by the Engineer-in-charge, supported by a valid test certificate by the Competent Person.

(e) Thorough inspection and load testing of lifting machines and

tackles shall be done by a competent person atleast once every 12 months and records of such inspection and testing shall be maintained.

10.2 Motors, gearing transmission, couplings, belts, chain drives and other

moving parts of hoisting appliances shall be provided with adequate safeguards. Hoisting appliances shall be provided with such means as will reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced or lowered.

11. WELDING AND GAS CUTTING 11.1 Welding and gas cutting operations shall be done only by qualified and

authorized persons and as per IS specifications and Code of Practice. 11.2 Welding and gas cutting shall not be carried out in places where

flammable or combustible materials are kept and where there is danger of explosion due to presence of gaseous mixtures.

11.3 Welding and gas cutting equipment including hoses and cables shall be

maintained in good condition. 11.4 Barriers shall be erected to protect other persons from harmful rays from

the work. When welding or gas cutting is done in elevated positions, precautions shall be taken to prevent sparks or hot metal falling on persons or flammable materials.

11.5 Suitable type of protective clothing consisting of fire resistant gauntlet

gloves, leggings, boots and aprons shall be provided to workers as protection from heat and hot metal splashes. Welding shields with filter glasses of appropriate shade shall be worn as face protection.

11.6 Adequate ventilation shall be provided while welding in confined space or

while brazing, cutting or welding zinc, brass, bronze, galvanized or lead coated materials.

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11.7 Welding and gas cutting shall not be done on drums, barrels, tanks or other containers unless they have been emptied, cleaned thoroughly and it is made certain that no flammable material is present.

11.8 Fire extinguisher shall be available near the location of welding

operations. Fire Safety Permit shall be obtained for working at vulnerable areas and operating areas before flame cutting/welding is taken up.

11.9 For electric (Arc) welding the following additional safety precautions shall

be taken :

i) When electrical welding is undertaken near pipe lines carrying flammables, such pipe lines shall not be used as part of earth conductor but a separate earth conductor shall be connected to the machine directly from the job.

ii) Personnel contact with the electrode or other live parts of electric

welding equipment shall be avoided.

iii) Extreme caution shall be exercised to prevent accidental contact of electrodes with ground.

iv) The welding cables shall not be allowed to get entangled with

power cables. It shall be ensured that the cables are not damaged by movement of materials.

12. GRINDING 12.1. All portable grinders shall be used only with their wheel guards in position

to reduce the danger from flying fragments should the wheel break during the use.

12.2. Grinding wheels of specified diameter only shall be used on a grinder –

portable or pedestal – in order not to exceed the prescribed peripheral speed.

12.3. Goggles shall be used during grinding operation. 13. ELECTRICTY Guidelines for providing temporary power supply at the site and general

safety procedures for using electricity are given in the enclosed Annexure.

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14. HOUSE KEEPING 14.1 The Contractor shall at all times keep his work spot, site office and

surroundings clean and tidy from rubbish, scrap, surplus materials and unwanted tools and equipment.

14.2 Welding and other electrical cables shall be so routed as to allow safe

traffic by all concerned. 14.3 No materials on any of the sites of work shall be so stacked or placed as

to cause danger or inconvenience to any person or the public. The Engineer-in-charge may require the Contractor to remove any materials which are considered to be of danger or cause inconvenience to the public. If necessary, the Engineer-in-charge may cause them to be removed at the Contractor‟s cost.

14.4 At the completion of the work, the Contractor shall have removed from the

work premises all scaffoldings, surplus materials, rubbish and all huts and sanitary arrangements used/installed for his workmen on the site.

14.5 The Engineer-in-charge has the right to stop work if the Contractor fails to

improve upon the housekeeping after having been notified. 15. FIRE SAFETY

All necessary precautions shall be taken to prevent outbreak of fires at the construction site. Adequate provisions shall be made to extinguish fires should they still break out. (a) Quantities of combustible materials like timber, bamboos, coal,

paints, etc., shall be the minimum required in order to avoid unnecessary accumulation of combustibles at site.

(b) Containers of paints, thinners and allied materials shall be stored in

a separate room which shall be well ventilated and free from excessive heat, sparks, flame or direct rays of the sun. The containers of paint shall be kept covered or properly fitted with lid and shall not be kept open except while using.

(c) Fire extinguishers as approved by the Engineer-in-charge shall be

located at the construction site at appropriate places.

(d) Adequate number of Contract workmen shall be given education and training in fire fighting and extinguishing methods.

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16. SAFETY WORK PERMIT 16.1 In order to ensure safety of work for hazardous operation (such as entry

into confined spaces, welding/cutting on equipment/pipes where explosion hazards is present, works on high voltage and main medium voltage lines, blasting etc.,) special Safety Work Permits (SWP) shall be raised. The SWP‟s shall also to be obtained for any other work as recommended by Safety Engineer.

16.2 The Contractor shall strictly ensure all the safety conditions and

requirements stipulated in the Safety Work Permit. The decision of the Safety Engineer shall be final in this regard.

17. WORK IN RADIATION AREA

The Contractor shall follow the stipulated procedure regarding work in the radiation area and other works related with radiography.

18. WORK IN AND AROUND WATER BODIES

When the work is done near any place where there is risk of drowning, all necessary rescue equipment such as life buoys and life jackets shall be provided and kept ready for use and all necessary steps taken for prompt rescued of any person in danger and adequate provision shall be made for prompt first-aid treatment of all injuries likely to be sustained during the course of the work. Persons who do not know swimming shall not be engaged alone for any work where risk of drowning exists. Sufficient number of life buoys or life jackets shall be provided.

19. MEDICAL FACILITIES 19.1 The Contractor shall arrange adequate facilities for medical aid and

treatment for his staff and workers engaged on the work site including the first-aid facilities if they are not available at the Project Site.

19.2 First-aid appliances including sterilized dressing, cotton wool and

antiseptic cream shall be made available at a readily accessible places at every work site. These shall be maintained in good order under the charge of a responsible person.

19.3 At large work places where hospital facilities are not available within easy

reach of the works, first-aid posts shall be established and be manned by a trained compounder. An ambulance shall be available during the entire period of work for attending to injury cases.

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20. SAFETY OFFICER/SAFETY COORDINATOR

The Contractor shall have a Safety Officer or a supervisor to be designated as a Safety Coordinator in order to specifically look into the implementation of different safety requirements of the contract work. The person thus designated will in general co-ordinate with the Engineer-in-charge on matters of safety and in particular ensure that the Safety Guide is complied with fully. His name shall be displayed on the Notice Board at a prominent place at the work site.

21. REPORTING OF ACCIDENT 21.1 All accidents leading to property damage and/or personnel injuries shall

be reported to the Engineer-in-charge immediately who shall inform SARCOP to be followed up with detailed accident reports in prescribed form.

21.2 Contractor shall also submit a monthly statement of accidents to Engineer-

in-charge by 4th of every month showing details of accident, nature of injury including disability, days lost, treatment required etc., and the extent of property damage.

22. PUBLIC PROTECTION

The Contractor shall make all necessary provisions to protect the public. He shall be bound to bear the expenses for defence of every action or other proceedings at law that may be brought by any person for injury sustained owing to neglect of any precaution required to be taken to protect the public. He shall pay any damage and cost which may be awarded in any such suit, action or proceedings to any such person, or the amount which may be fixed as a compromise by any such person.

23. OTHER STATUTORY PROVISIONS

Notwithstanding the above clauses from 1 to 21 there is nothing in these to exempt the Contractor from the provisions of any other Act or Rules in force in the Republic of India. In particular all operations involving the transport, handling, storage and use of explosives shall be as per the standing instructions and conform with the Indian Explosives Act, 1884 and The xplosives Rules, 1983. Handling, transport, storage and use of compressed gas cylinders and pressure vessels shall conform with the Gas Cylinder Rules 1981 and Static and Mobile Pressure Vessels (Unfired) Rules 1981. In addition, The Indian Electricity Act 1910 and Indian Electricity Rules 1956, the Atomic Energy Act, 1962, the Radiation Protection Rules 1971, Radiation Protection Manual of Nuclear Facilities

14

and the Atomic Energy (Factories) Rules 1988 and various rules and Act related to mining shall also be strictly complied with.

15

ANNEXURE

GUIDELINES AND GENERAL PROCEDURES FOR SUPPLY AND USE OF ELECTRICITY AT SITE

1. GENERAL

Following safety requirements shall be complied with before the Contractor uses the power supply.

1.1 The Contractor shall submit a list of licensed electrical staff to be posted at

site. 1.2 It shall be the responsibility of the Contractor to provide and maintain

complete installation on the load side of the supply point with regard to the safety requirements at site. All cabling and installation shall comply with the appropriate statutory requirements given below and shall be subject to approval of the Departmental Engineer-in-charge/Electrical Engineer.

a) Indian Electricity Act, 1910

b) Electricity (Supply) Act, 1948

c) Indian Electricity Rules, 1956

d) National Electric Code 1985

e) Other relevant rules of Local Bodies and Electricity Boards.

After installation of the electrical power wiring works by the contractor, form of completion certificate as per IS 732 (Form SGCW-1) shall be submitted by the contractor duly signed by the authorized valid licensed electrical contractor and/or supervisor along with one copy of the contractor‟s license and/or competency certificate of supervisor issued by the Electricity Board/Government Electricity Organization as per the enclosure. The power supply shall be regulated as per the terms and conditions of the supply of the respective electricity boards.

1.3 (a) For purposes of electrical load and power planning by the electrical

section, the contractor shall furnish along with the tender, the estimated load requirement of electric power for the execution of the contract works in terms of maximum Kilo Watt or KVA demand during various periods/months of the contract period along with the details of the construction electrical equipment/machinery with their individual load details and location/locations of power supply

16

required for availing temporary electric power supply in the standard proforma enclosed (Form SGCW-2).

(b) The electric power supply will be generally made available at one

point in the works site of the contractor by the department. (c) Where distribution boards are located at different places the

Contractor shall submit schematic drawing indicating all details like size of wires, Over Head or cable feeders, earthing etc. The position and location of all equipment and switches shall be given.

1.4 The Contractor shall make his own arrangements for main earth electrode

and tappings thereof. The existing earth points available at site can be used at the discretion of the Departmental Electrical Engineer with prior permission. Method of earthing, installation and earth testing results shall conform to relevant I.S. Specifications (IS-3043)

1.5 All three phase equipment shall be provided with double earthing. All light

fixtures and portable equipment shall be effectively earthed to main earthing.

1.6 All earth terminals shall be visible. No gas pipes and water pipes shall be

used for earth connection. Neutral conductor shall not be treated as earth wire.

1.7 The Contractor shall not connect any additional load without prior

permission of Departmental Electrical Engineer. For obtaining additional power required, test reports of the tests mentioned in (d) of Form SGCW-1 shall be submitted.

1.8 Joints in earthing conductors shall be avoided. Loop earthing of

equipment shall not be allowed. However, tappings from an earth bus may be done.

1.9 The entire installation shall be subjected to the following tests before

energisation installation including portable equipment : a) Insulation resistance test

b) Polarity test of switches

c) Earth continuity test

d) Earth electrode resistance

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The test procedures and their results shall conform to relevant IS Specifications. The Contractor shall submit a test report for his complete installation every 2 months or after rectifying any faulty section in the specimen test report. One such test report for the complete installation shall be submitted before onset of monsoon.

2. The following are provided for general guidance of the Contractor and

shall be read as specific requirement, in addition to complying with Indian Electricity Act, Indian Electricity Rules and IS Specifications.

2.1 Installation

a) Only persons having valid wireman‟s license/competency certificate shall be employed for carrying out electrical work and repair of electrical equipment, installation and maintenance at site. The job shall be supervised by a qualified licensed Supervisor.

b) Electrical equipment and installations shall be installed and

maintained as to prevent danger from contact with live conductors and to prevent fires originating from electrical causes like short circuits, overheating etc. Installation shall not cause any hindrance to movement of men and materials.

c) Materials for all electrical equipment shall be selected with regard

to working voltage, load and working environment. Such equipment shall conform to the relevant standards.

d) The minimum clearance to be maintained for all overhead lines

along roads and across roads shall be as per the statutory requirements as listed in clause 1.2 of Annexure.

e) Grounding conductor of wiring system shall be of copper or other

corrosion-resistant material. An extra grounding connection shall be made in appliances/equipment where chances of electric shock is high.

f) Electric fuses and/or circuit breakers installed in equipment circuits

for short circuit protection shall be of proper rating. It is also recommended that high rupturing capacity (HRC) fuses be used in all circuits. For load of 5 KW or more earth leakage circuit breaker shall be provided in the circuits.

g) Wherever cables or wires are laid on poles, a guard wire of

adequate size shall be run along the cables/wires and earthed effectively. Metallic poles as a general rule, shall be avoided and if used shall be earthed individually. Anticlimbing guards and danger

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notices shall be provided on poles. Each equipment shall have individual isolating switches.

h) Wires and cables shall be properly supported and an approved

method of fixing shall be adopted. Loose hanging of wires & cables shall be avoided. Lighting and power circuits shall be kept distinct and separate.

i) Reinforcement rods or any metallic part of structure shall not be

used for supporting wires and cables, fixtures, equipment, earthing etc.

j) All cables and wires shall be adequately protected mechanically

against damages. In case the cable is required to be laid under ground, it shall be adequately protected by covering the same with bricks, Plain Cement Concrete (PCC) tile or any other approved means.

k) All armoured cables shall be properly terminated by using suitable

cable glands. Multistranded conductor cables shall be connected by using cable lugs/sockets. Cable lugs shall preferably be crimped. They shall be of proper size and shall correspond to the current rating and size of the cable. Twisted connections will not be allowed.

l) All cable glands, armouring and sheathing of electric cables, metal

circuits and their fittings, metallic fittings and other non-current carrying parts of electrical equipment and apparatus shall be effectively grounded.

m) All the Distribution Boars, Switch Fuse units, Bus bar chambers,

ducts, cubicles etc. shall have MS enclosures and shall be dust, vermin and water proof. The Distribution Boards, switches etc. shall be so fixed that they shall be easily accessible. Changes shall be done only after the approval of the Departmental Electrical Engineer.

n) The Contractor shall provide proper enclosures/covers of approved

size and shape for protection of all the switch board, equipment etc. against rain. Exposed live parts of all electrical circuits & equipment shall be enclosed permanently. Crane trolley wires and other conductors which cannot be completely insulated shall be placed such that they are inaccessible under normal working conditions.

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o) Iron clad industrial type plug outlets are preferred for additional safety.

p) Open type Distribution Boards shall be placed only in dry and

ventilated rooms; they shall not be placed in the vicinity of storage batteries or otherwise exposed to chemical fumes.

q) Isolating switches shall be provided close to equipment for easy

disconnection of electrical equipment or conductors from the source of supply when repair or maintenance work has to be done on them.

r) In front of distribution boards a clear space of 90 cm shall be

maintained in order to have easy access during an emergency.

s) Adequate working space shall be provided around electrical equipment which require adjustment or examination during operation.

t) As far as possible electrical switches shall be excluded from a

place where there is danger of explosion. All electrical equipment such as motors, switches and lighting fittings installed in work room where there is possibility of explosion hazards shall be explosion proof.

u) All connections to lighting fixtures, starters or other power supplies

shall be provided with PVC insulated, PVC sheathed twin/three/four core wires to have better mechanical protection for preventing possible damage to equipment or injury to personnel. Taped joints shall not be allowed and the connections may be made in looping system. Electric starter of motors, Switches shall not be mounted on wooden boards. Only sheet steel mounting or iron frame work shall be used.

v) All the lighting fixtures and lamp holders shall be of good quality

and in good condition. Badly repaired or broken holders, etc. shall not be used.

w) Only PVC insulated and PVC sheathed wires or armoured PVC

insulated and sheathed cables shall be used for external power supply connections of temporary nature. Weather proof rubber wires shall not be used for any temporary power supply connections. Taped joints in the wires shall not be used.

x) The bulbs/lamps used for illumination and testing purpose shall

have cover or guard to protect them from accidental breakages.

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Only 24 V supply system shall be used for hand lamps etc. while working inside metallic tanks or conducting vessels.

y) After installation of new electric system and or other extensive

alterations to existing installations, thorough inspection shall be made by Departmental Electrical Engineer before the new system or new extension is put in use.

z) Contractor shall ensure that power factor for their loads shall be

maintained at 0.85. In case the power factor falls below 0.85, necessary capacitor units shall be provided by the contractor.

2.2 Operation & Maintenance

a) All persons who work with electrical installation/equipment shall be aware of the electrical hazards, use of protective devices and safe operational procedures. They shall be given training in fire fighting, first aid and artificial resuscitation techniques.

b) The supervisor shall instruct the workers in the proper procedure,

specify and enforce the use of necessary protective equipment such as adequately insulated pliers, screw drivers, fuse pullers, testing lamps and similar hand tools. Only wooden ladders shall be used to reach the heights in electrical work.

c) No material or earth work shall be allowed to be dumped below or

in the vicinity of the bare overhead line conductors. d) Separate work permits shall be issued for individual group leaders

working on the same system which shall be returned after the completion of the work to Safety Supervisor and no system shall be energized without the clearance of Safety Supervisor.

e) Before any maintenance work is commenced on electrical

installations/equipment, the circuits shall be de-energized and ascertained to be dead by positive test with an approved voltage testing device. Switches shall be tagged or the fuse holders withdrawn before starting the work. Adequate precautions shall be taken in two important aspects viz.

i) That there shall be no danger from any adjacent live parts

and ii) That there shall be no chances of re-energisation of the

equipments on which the persons are working.

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f) While working on or near a circuit, whenever possible the use of one hand may be practiced even though the circuit is supposed to be dead. The other hand may preferably be kept in pocket.

g) When it is necessary to touch electrical equipment (for example

when checking for overload of motors) back of the hand may be used. Thus, if accidental shock were to cause muscular contractions, one would not „freeze‟ to the conductor.

h) Operation of electrical equipment shall be avoided when standing

on wet floor or when hands are wet.

i) Before blown fuses are replaced, the circuit shall be locked out and an investigation shall be made for the cause of the short circuit or overload.

j) When two persons are working within reach of each other, they

shall never work on different phases of the supply.

k) When structural repairs, modification or painting work are to be undertaken, appropriate measures shall be taken for the protection of persons whose work may bring them into the proximity of live equipment/circuit.

l) It shall be ensured that the insulation and wire size of extension

cords are adequate for the voltage and current to be carried.

m) While tapping electricity from the socket, plug top must be used. It shall be ensured that no extension boards are over loaded while tapping. Only standard three pin plugs shall be used for tapping electricity. Broken sockets/plugs shall be replaced immediately with goods ones. Only joint free cables shall be used for connecting equipment/apparatus.

n) Floors shall be kept free from trailing electrical cables to avoid

tripping hazard.

o) Power supply to all the machines and lighting fixture, shall be switched off when not in use.

p) Temporary electrical connections shall be removed as soon as the

stipulated work is over. After completion of the works, the Contractor shall dismantle the distribution boards and the other facilities he may have erected.

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q) Unauthorized tapping of power by others from distribution boards under the control of the contractor shall be prohibited at all circumstances.

r) No flammable materials shall be stored in any working area near

the switch boards.

s) Safety work permits shall be used for switching off the main feeder and equipment by the contractor.

t) “MEN ON LINE” “DO NOT SWITCH ON” “DANGER” or “CAUTION”

board as applicable shall be used during maintenance works on the electrical equipment.

2.3 Portable electrical equipment

a) Portable electrical equipment shall be regularly examined, tested and maintained to ensure that the equipment and its leads are in good order. Register shall be maintained for inspection recording the testing dates and results of the equipments.

b) All portable appliances shall be provided with three core cable and

three pin plug. The third pin of the plug shall invariably be earthed. It shall be ensured that the metal part of the equipment shall be effectively earthed.

c) All connections to portable equipment or machines from the

panel/distribution board/extension board shall be taken using 3 core double insulated PVC flexible copper wire in one length. No joints shall be allowed in this flexible wire. In case single length of wire is not sufficient for a particular location then the supply can be tapped by providing another extension board comprising of switch and socket.

d) Flexible cables for portable lamps, tools, and apparatus shall be

regularly examined, tested periodically and maintained to ensure safety.

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FORM NO. SGCW – 1

FORM FOR COMPLETION CERTIFICATE (Prescribed under cl. 1.2 of Annexure)

I/We certify that the installation detailed below has been installed by me/us and tested and that to the best of my/our knowledge and belief, it complies with Indian Electricity Rules, 1956 as well as IS:732-1963 code of practice for Electrical Wiring Installations. (System voltage not exceeding 650 Volts (Revised). Electric installation at ……………………………………………………………………. Voltage and system of supply ………………………………………………………….. a) Particulars of work Number Total Type of system load of wiring ---------- ------- -------------------

i) Light Points ii) Fan points iii) Plug points (3 pin) iv) Motors

b) If the work involves installation of overhead lines and/or underground

cable ______________________________________________________ c) Earthing:

Description of earthing electrode, size of earth wire and number of electrodes provided:

d) Test results:

1. Insulation resistance for the whole installation:

i) Between conductors ii) Between each conductor and earth

2. Resistance of earthing electrode or earthing system. 3. Maximum earthing resistance of installation

Signature of Supervisor Signature of Contractor Name and address Name and address of Supervisor. of Contractor.

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FORM NO. SGCW – 2

„A‟ APPLICATION FOR SERVICE CONNECTION BY CONTRACTOR (Prescribed under cl. 1.3 of Annexure)

(to be filled in triplicate) 1. Name & Address of Contractor : 2. Reference to Tender & Work Order : 3. Completion period : 4. Connected load details (please attach : details in a separate sheet) 5. Max. demand anticipated : 6. Nature of service connection required : (whether single or three phase) 7. Place where service required : a) Works : b) Colony : 8. If supply of electricity is free or chargeable : (please enclose extract of conditions from the tender) 9. Details of meter provided : a) If meter required from the Department, : whether SD is paid b) Details of SD (Security Deposit) : c) Whether meter is tested or not, : if tested, attach test report, if not, details of testing fee deposited 10. Name of Supervisor/Electrician in charge : of installation and maintenance 11. Electrical license No. of person mentioned : against col. 10

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12. Electrical safety appliances available : for use 13. Fire extinguishers available for use : 14. First Aid facility/box available for use, if any. :

(Signature of the Contractor) Date: Name:

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„B‟ CERTIFICATE BY THE CONTRACTOR Certified that my/our installations have been carried out in accordance with I.E. Rules and that I/We have employed competent persons to handle the installations. I/we am/are agreeable to the bills, in respect of this service connections being raised on the basis the connected load furnished above, in case the actual consumption falls below the one stipulated by the tender conditions.

(Signature of the Contractor) Name : Address: Date : ……………………………………………………………………………………………

„C‟ CERTIFICATE BY THE CONTRACT CONTROL ENGINEER Verified the particulars and forwarded to the Engineer-in-charge.

(Signature of Contract control Engineer)

Name:

Section: Civil/Electrical/Mechanical. ………………………………………………………………………………………………

„D‟ CERTIFICATE BY THE ENGINEER IN CHARGE Certified that the particulars furnished by the Contractor are true to the best of my knowledge and belief and that I have satisfied myself as to the safe conditions of electrical installations for which the service connection is applied for.

Signature :

Name: Date: Designation with section:

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„E‟ CERTIFICATE BY THE SAFETY ENGINEER Certified that I have inspected the electrical installations referred herein and after satisfying myself about the safe conditions of the installation, I hereby recommend that the service connection be given to the Contractor.

Signature of Safety Engineer.

Name: Date: ………………………………………………………………………………………………

„F‟ AUTHORIZATION BY THE ELECTRICAL ENGINEER Service connection may be/may not be given for the reasons noted hereunder.

Signature of Electrical Engineer.

Name: Date: Designation:

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„G‟ “REPORT OF COMPLIANCE”

Service connection is given by me on a) Meter Nos. 1. 2. 3. b) Initial readings: 1. 2. 3. c) Locations: 1. 2. 3. d) Meter sealings

Signature of Electrical Engineer (Metering and Billing)

Name:

Date: Designation: Note: 1st copy to Contract Control Engineer ) After all the formalities are completed ) and Report of Compliance in (G) are 2nd copy to Safety Engineer ) filled up by the Electrical Engineer ) after power supply is given. and 3rd copy to Electrical Engineer )

1

ANNEXURE-1

IMPORTANT RULES OF ATOMIC ENERGY

(FACTORIES) RULES, 1996

APPLICABLE TO

ENGINEERING, PROCUREMENT

&

CONSTRUCTION CONTRACTS

2

Atomic Energy Factory Rules, 1996

Rules 8-9

CHAPTER III

HEALTH

8. RECORD OF WHITEWASHING, ETC.- The record of dates on which

whitewashing, colourwashing, varnishing, etc. are carried out shall be entered in a

register maintained in a manner specified in Form 2.

9. CLEANLINESS OF WALLS, CEILINGS AND COMPOUND AREA.-

(1) Clause (d) of sub-section (1) of section 11 of the Act shall not apply to the class or

description of factories or parts of factories specified in the Table to this rule and subject to

the condition that they are kept in a clean state by washing, sweeping, brushing,

dusting, vacuum cleaning or other effective and adequate means:

Provided the said clause shall continue to apply-

(a) as respects units/factories or parts of units/factories specified in part A of the said

Table, to workrooms in which the amount of cubic space allowed for every person

employed in the room is less than 14.0 m3

(b) as respects factories or parts of factories specified in part B of the said Table, to

workrooms in which the amount of cubic space allowed for every person

employed in the room is less than 70.0 m3 ;

(c) to engine-houses, fitting shops, lunchrooms, canteens, shelters, creches,

cloakrooms, rest-rooms and wash places; and

(d) to such parts of walls, sides and tops of passages and staircases as are less than 6

m. above the floor or stair.

(2) If it appears to the Competent Authority that any part of a factory, to which by virtue of

sub-rule (1) any of the provisions of the said clause (d) do not apply or apply as modified

by sub-rule (1), is not being kept in a clean state, it may, by written notice, require the

occupier to whitewash or colourwash, wash, paint or varnish the same, and in the event of

the occupier failing to comply with such requisition within two months from the date of

the notice, sub-rule (1) shall cease to apply to such part of a factory, unless the Competent

Authority otherwise determines.

3


Rules 9-11

(3) The compound surrounding every factory shall be maintained in a sanitary and clean

condition free of rubbish, filth or debris.

TABLE

Part A

1. Chemical works.

2. The following parts of units/factories:-

(a) Rooms used only for storage of articles.

(b) Rooms in which the walls or ceilings consist of galvanised iron and/or asbestos

cement sheets.

(c) Rooms in which graphite articles are manufactured / processed

(d) Parts of walls, partitions, ceilings or tops of rooms which are at least 6 m. above

the floor.

Part B

1. Electric generating or transforming stations.

2. Engineering works.

3. Foundries other than foundries in which brass casting is carried on.

10. DISPOSAL OF WASTES AND EFFLUENTS.- The arrangements made in every

factory after the treatment of wastes and effluents due to the manufacturing processes

carried on therein shall be in accordance with those approved by the relevant Water and

Air pollution Boards appointed under Water (Prevention & Control of Pollution) Act,

1974, the Air (Prevention & Control of Pollution) Act, 1981, the Environmental

Protection Act, 1986 and such other authorities as may be notified by the Central

Government in this behalf.

11. ILLUMINATION, TEMPERATURE AND VENTILATION.-

(1) Illumination.-

(a) General : Adequate lighting is necessary for all buildings and in the open area so

as to-

(i) promote work and other activities carried out in the area;

(ii) promote safety of the people; and

(iii) create a pleasing environment conducive for feeling of well-being.

(b) Adequate lighting will be achieved by,-

4


Rules 11-11(Tab.)

(i) planning of brightness in relation to task itself, immediate background of

the task and the general surrounding;

(ii) avoiding glare produced by excessive contrast or abrupt and large change

in brightness; and

(iii) planning of lighting for movement about a building and around.

(c) The recommended values of illumination for different locations is given in the

Table below:

TABLE

Sr.No. Visual Tasks Illumination (Lux)

1. Industrial Buildings & Process

(a) General Factory Areas 100-150

-canteens, cloakrooms, entrances

corridors, stairs

(b) Factory- outside Areas

-Stockyards, main entrances 20

(c) Assembly, Inspection, Wood working,

Welding & Soldering, Machine & Fitting

Shops,

(i) Rough Work - Frame assembly 150

(ii) Medium Work - Assembly of parts 300

(iii) Fine Work - Electronic assembly, 700

inspection

(iv) Very Fine Work - Assembly of 1500

precision parts, optical aids

to be provided.

(v) Very Precise Work 3000

(d) Boiler Houses

(i) Coal & ash handling 100

(ii) Boiler rooms-operating area 100

(iii) Boiler rooms- other areas 20-50

(iv) Outdoor plants 150

5


Rule 11(Tab.)

(e) Chemical Works

(i) Hand furnace, boiling tanks, 150

driers, evaporators etc.

(ii) Controls, gauges, valves etc. 100

(Supplementary lighting for viewing)

(iii) Control rooms 200-300

(f) Electricity Generating Station (indoor )

(i) Turbine halls 200

(ii) Auxiliary equipment areas 100

(iii) Boiler houses 70-100

(iv) Boiler house & Turbine house 100

(v) Basement areas 70

(vi) Conveyer areas 70-100

(vii) Control rooms 200-300

(viii) Nuclear reactors & steam 150-200

generating plants

(g) Engraving 1000

(h) Foundries

(i) Charging floors, tumbling etc. 150

(ii) Fine moulding, core making & 300

inspection

(iii) Repairs 300

(i) Garages

(i) Parking areas 70

(ii) Washing, polishing etc. 150

(iii) Repairs 300

(j) Gauge & Tool room 700

(Supplementary lighting if required)

6


Rule 11(Tab.)

(k) Laboratories & Test Rooms

(i) General Labs & balance rooms 300

(ii) Electronic & Instrument Labs 450

(l) Laundries, Dry cleaning & ironing 200-300

(m) Paint Shops & Spraying Booths

(i) Dipping, rubbing 150-300

(ii) Fine painting & retouching 450-700

(n) Plating Shops

(i) Vat & baths 150

(ii) Final buffing & polishing Special lighting

(o) Structural Steel Fabrication Plants

(i) General 150

(ii) Marking off 300

(p) Libraries

(i) Shelves 70-150

(ii) Reading rooms 150-700

(iii) Cataloguing, sorting 150-300

(iv) Book binding etc. 300-700

(q) Offices

(i) Entrance & Reception 150

(ii) Conference rooms & Gen. office 30

(iii) Drawing offices 300-450

(iv) Corridors & Lifts 70

(v) Stairs, Lift landing 100-150

(vi) Telephone exchanges 150-200

7


Rule 11(Tab.)

(r) Hospitals

(i) General & Wards 150

(ii) Operating Theatres General 300

(iii) Operation table Special lighting

(iv) Laboratories 300

(v) Radiological rooms 100

(vi) Other areas 100-300

(s) Restaurants

(i) Dining room tables 100

(ii) Self service counters 300

(iii) Kitchen 200

(iv) Cloak room & toilets 100

(2) Temperature.- It is essential to provide such temperature in work environment so that

workers can be exposed to it repeatedly without adverse health effects. The nature of

work can be light , moderate or heavy and the corresponding heat loads for the type of

work are 200, 200-350 & 350-500 K Cal/hr. The heat stress is measured in terms of Wet

Bulb Globe Temperature (WBGT) Index.* (* Note - on page 12)

The permissible WBGT index in degrees Celsius is given in the following WBGT Table.

WBGT TABLE

Work Load

Work-Rest Regimen in Light Moderate Heavy

each hour

Continuous Work 30.0 26.7 25.0

75% Work - 25% Rest 30.6 28.0 25.9

50% Work - 50% Rest 31.4 29.4 27.9

25% Work - 75% Rest 32.2 31.1 30.0

The Competent Authority shall specify the optimum working temperature & humidity and also the

rest periods for specific factories & jobs.

8


Rule 11(Tab.)

(3) Ventilation.- Ventilation shall be provided in buildings to supply fresh air for respiration

& to dilute inside air to prevent vitiation by body odours & to remove any other products

of combustion or other air contaminants. Contaminants from concentrated sources such as

smoke, heat & fumes shall be collected separately by local exhaust ventilation. The

recommended air changes per hour for various areas is given in the Table below:

TABLE

Area Air Changes/hour

Factories 3 - 6

Dining Hall 12 - 15

Garages 12 - 15

Kitchen 6 - 9

Laboratories 3 - 6

Offices 3 - 6

Bathrooms & Toilets 6 - 12

Provided that the competent authority may relax the requirements regarding the number of air

changes if it is satisfied that having regard to the location of the factory, orientation of the

workroom, prevailing winds, roof height and the nature of manufacturing process carried on,

sufficient supply of fresh air into the workroom is afforded during most part of the working time:

Provided further that in the regions where in summer (15th March-15th July) dry-bulb

temperatures of outside air in the shade during most part of the day exceed 35 degrees Celsius

and simultaneous wet-bulb temperatures are 25 degrees Celsius or below and in the opinion of the

Inspector the manufacturing process carried on in the workroom of a factory permits thermal

environments with relative humidity of 50% or more, the Inspector may serve on the manager of the

factory an order to have sufficient supply of outside air for ventilation cooled by

* (a) Outdoors with Solar load

WBGT = 0.7NWB + 0.2GT + 0.1DB

Where NWB = Natural Wet Bulb Temperature

DB = Dry Bulb Temperature

GT = Globe Thermometer Temperature

(b) Indoor or Outdoor without Solar load

WBGT = 0.7 NWB + 0.3GT

9


Rules 11(Tab.)-16

passing it through water sprays either by means of unit type of evaporative air coolers(desert

coolers) or, where supply of outside air is provided by mechanical means through ducts in a

plenum system, by means of central air washing plants.

12. QUANTITY OF DRINKING WATER.- The quantity of drinking water to be provided

per day for the workers in every factory shall be at least 5 litres per worker employed in

the factory and such drinking water shall be readily available at all times during working

hours.

13. SOURCE OF SUPPLY.- The water provided for drinking shall be supplied,-

(a) from the public water supply system, or

(b) from any other source approved in writing by the local Health Officer concerned.

14. MEANS OF SUPPLY.- If drinking water is not supplied directly from taps either

connected with public water supply system or any other water supply system of the

factory approved by the local Health Officer concerned, it shall be kept in suitable

vessels, receptacles or tanks fitted with taps and having dust proof covers, and placed on

raised stands or platforms in shade and having suitable arrangement of drainage to carry

away the spilt water. Such vessels, receptacles or tanks shall be kept clean and the water

renewed at least once every day. All practicable measures shall be taken to ensure that the

water is free from contamination.

15. CLEANLINESS OF WELL OR RESERVOIR.-

(1) Drinking water shall not be supplied from any open well or reservoir unless it is so

constructed, situated, protected and maintained as to be free from the possibility of

pollution by chemical, or bacterial and extraneous impurities.

(2) Where drinking water is supplied from such a well or reservoir, the water in it shall be

sterilised once a week or more frequently if the inspector by written order so requires, and

the date on which sterilising is carried out shall be recorded:

Provided that this requirement shall not apply to any such well or reservoir if the water

therein is filtered and treated to the satisfaction of the local Health Officer concerned

before it is supplied for consumption.

16. REPORT FROM LOCAL HEALTH OFFICER CONCERNED.- The Inspector may

by order in writing direct the manager to obtain, at such time or at such intervals as he

may direct, a report from the local Health Officer concerned as to the fitness for human

10


Rules 16-18

consumption of the water supplied to the workers, and to submit to the Inspector a copy of

such report as soon as it is received from the local Health Officer.

17. COOLING OF WATER.- In every factory wherein more than two hundred and

fifty workers are ordinarily employed,-

(1) The drinking water supplied to the workers shall be cooled by an effective method for the

period specified by the Inspector;

(2) The cool drinking water shall be supplied in every canteen, lunchroom and rest-room and

also at conveniently situated points throughout the factory which for the purpose of the

rules shall be called "water centres";

(3) The water centres shall be sheltered from the weather and adequately drained and shall be

located outside the work-places where toxic materials are handled or processed;

(4) The number of water centres to be provided shall be one "centre" for every 150 persons

employed at any one time in the factory:

Provided that in the case of a factory where the number of persons employed exceeds 500 it

shall be sufficient if there is one such "centre" as aforesaid for every 150 persons up to the

first 500 and one for every 500 persons thereafter:

Provided further that its distance between the place of work shall be such as may be

specified by the Inspector.

(5) Every water centre shall be maintained in a clean and orderly condition; and

(6) The means of supply of cooled drinking water shall be either directly through taps

connected to water coolers or any other system for cooling of water, or by means of

vessels, receptacles or tanks fitted with taps and having dust proof covers and placed on

raised stands or platforms in shade, and having suitable arrangement of drainage to carry

away the spilt water. Such vessels, receptacles or tanks shall be kept clean and the water

refilled at least once every day.

18. LATRINE ACCOMMODATION.- Latrine accommodation shall be provided in

every factory on the following scale, namely:-

(a) where females are employed, there shall be at least one latrine for every 25 females;

(b) where males are employed, there shall be at least one latrine for every 25 males;

11


Rules 18-24

Provided that where the number of males exceeds 100, it shall be sufficient if there is one

latrine for every 25 males up to the first 100 males, and one for every 50 males thereafter.

Note:- In calculating the number of latrines required under this rule, any odd number of

workers less than 25, or 50 as the case may be, shall be reckoned as 25 or 50.

19. TOILET BLOCKS .- The toilet block shall consist of wash basins, latrines and urinals

(in case of male workers). The number of wash basins will the same as number of

latrines. Each wash basin shall be provided with mirror and liquid/cake soap. Each toilet

block shall be provided with clean towel or electric hand drier. The number, size and

location of the toilet block shall be as per the decision of Inspector & Public Health

Authority.

20. PRIVACY OF TOILET.- Every latrine shall be under cover and so partitioned off as to

secure privacy, and shall have a proper door and fastenings, which shall be maintained in

good working order at all time.

21. SIGN BOARDS TO BE DISPLAYED.- Where workers of both sexes are employed,

there shall be displayed outside each latrine block a notice "For Men Only" or "For

Women Only" as the case may be, in the language understood by the majority of the

workers. The notice shall also bear the figures of a man or of a woman as the case may

be.

22. URINAL ACCOMMODATION.- Urinal accommodation shall be provided for the use

of male workers and there shall be at least one urinal for every 50 males:

Provided that where the number of males employed exceeds 500, it shall be sufficient if

there is one urinal for every 50 males up to the first 500 employed, and one for every 100

thereafter.

Note:- In calculating the urinal accommodation required under this rule any odd number of

workers less than 50, or 100, as the case may be, shall be reckoned as 50 or 100.

23. URINALS TO CONFORM TO PUBLIC HEALTH REQUIREMENTS.- Urinals

other than those connected with an efficient water-borne sewage system, and urinals in a

factory wherein more than two hundred and fifty workers are ordinarily employed shall

comply with the requirements of the Public Health Authorities.

24. CERTAIN LATRINES AND URINALS TO BE CONNECTED TO SEWERAGE

SYSTEM.- When any general system of underground sewerage with an assured water

supply for any particular locality is provided in a municipality, all latrines and urinals of a

factory situated in

12


Rules 24-29

such locality shall, if the factory is situated within 30 metres of an existing sewer, be

connected with that sewerage system suitably.

25. WHITEWASHING, COLOURWASHING OF LATRINES AND URINALS.- The

walls, ceilings and partitions of every latrine and urinal shall be whitewashed or

colourwashed and the whitewashing or colourwashing shall be repeated at least once in a

period of four months. The dates on which the whitewashing or colourwashing is carried

out shall be entered in the prescribed register (Form 2):

Provided that this rule shall not apply to latrines and urinals, the walls, ceilings or

partitions of which are laid in glazed tiles or otherwise finished to provide a smooth,

polished, impervious surface and that they are washed with suitable detergents and

disinfectants at least once in every period of four months.

26. CONSTRUCTION AND MAINTENANCE OF DRAINS.- All drains carrying waste

or sullage water shall be constructed in masonry or other impermeable material and shall

be regularly flushed and the effluent disposed of by connecting such drains with a suitable

drainage line:

Provided that where there is no such drainage line, the effluent shall be deodorized and

rendered innocuous and then disposed of in a manner suitable to the satisfaction of the

local Health Officer concerned.

27. WATER TAPS IN LATRINES.- Where piped water supply is available, a sufficient

number of water taps, conveniently accessible, shall be provided in or near latrine

accommodation. A tap per each latrine is to be preferred. There shall be at least one tap

for every ten latrines or part thereof. The water taps shall be connected to the Municipal

water supply or to an overhead storage tank of sufficient capacity, so that water is

available from the taps during all hours when the workers are in the factory. Wherever

commode type of latrines are provided arrangements shall be made for providing toilet

paper and soap solution, in addition to the water tap. The toilet paper and soap solution

shall be regularly replenished.

28. NUMBER AND LOCATION OF SPITTOONS.- The number and location of the

spittoons to be provided shall be to the satisfaction of the Inspector. Such spittoons shall

be placed on a stand or a bracket 90 cm. high.

29. TYPE OF SPITTOONS.- The spittoons shall be of either of the following types,

namely:-

(a) a galvanized iron container with a conical funnel-shaped cover. A layer of suitable

disinfectant liquid shall always be

13


Rules 29-31(Sch.)

maintained in the container; or

(b) a container filled with dry clean sand, and covered with a layer of bleaching

powder; or

(c) any other type approved by the Competent Authority.

30. CLEANING OF LATRINES, URINALS, WORKPLACES & SPITTOONS.-

Latrines, urinals, washplaces & spittoons shall be maintained in clean & sanitary

conditions by employing adequate number of sanitary staff.

31. Qualifications of competent person with reference to various Sections of the Act are

given in the schedule below.

SCHEDULE

The Competent Person is a person who is having a degree in the discipline mentioned or

equivalent followed by experience as specified, in responsible position in the field and

designated by the Competent Authority.

Sl. No. Rules made Type of work Discipline Experience

under section of

the Act requiring

competency

1 2 3 4 5

1. Section(6) Civil Civil or & Minimum 10 yrs in

construction structural design, construction

structural work. engineering testing or repairs of

structures, knowledge of

various codes pertaining to

the non destructive

testing methods.

2. Section21(2) Operation of Electrical or Minimum 7 yrs in

dangerous mechanical design, operation

machines engineering or maintenance, testing of

equivalent relevant machinery,

guards, safety devices

etc.

3. Section 28 Lifts & Hoists - do - Min. 7 yrs. in design,

erection maintenance,

inspection and test

procedures of Hoists &

lifts.

14


Rule 31(Sch.)

--------------------------------------------------------------------------------------------------------------------------

1 2 3 4 5

-------------------------------------------------------------------------------------------------------------------------

4. Section 29 Lifting Electrical, Min.7 yrs. in design,

Machinery Mechanical or erection maintenance,

Lifting tackles Metallurgical inspection. testing of

lifting machinery or

lifting tackle

5. Section 31 Pressure plant Chemical, Min. 10 yrs experience

Electrical or in design, erection,

mechanical or maintenance, testing

metallurgical examination, inspection

Engineering or of pressure plants and

equivalent knowledge of non

destructive testing &

codes of safety

requirement of pressure

vessels.

6. Section 36 Dangerous Chemical Min.7 yrs. experience in

fumes engineering or collection and analysis

masters degree in of environmental

chemistry samples and calibration

of monitoring

equipment.

7. Section 41-C (b) Supervision of Chemical Min. 7 yrs. experience

handling of engineering or on the shop floor in

hazardous masters degree in handling & disposal of

substances chemistry hazardous chemicals.

8. Section 87 Ventilation Electrical or Min.7 yrs. in design,

system mechanical engg. fabrication, installation,

testing of ventilation

systems and systems

used for collection of

dusts, fumes etc.

15


Rule 32(Sch.)

CHAPTER IV

SAFETY

32. Without prejudice to the provisions of sub-section (1) of section 21 of the Act in

regard to fencing , the further precautions specified in Schedules annexed here to

shall apply to machines mentioned in each Schedule.

SCHEDULE I

WOODWORKING MACHINERY

1. Definitions.-For the purposes of this schedule -

(a) "woodworking machine" means a circular saw, band saw, planing machine, chain

mortising machine or vertical spindle moulding machine operating on wood or cork;

(b) "circular saw" means a circular saw working in a bench (including a rack bench), but does

not include a pendulum or similar saw which is moved towards the wood for the purpose

of cutting operation;

(c) "band saw" means a band saw, the cutting portion of which runs in a vertical direction but

does not include a log saw or band re-sawing machine; and

(d) "planing machine" means a machine for overhead planing or for thicknessing or for both

operations.

2. Stopping and starting device.- An efficient stopping and starting device shall be provided

on every woodworking machine. The control of this device shall be in such a position as

to be readily and conveniently operated by the person in charge of the machine.

3. Space around machines.- The space surrounding every woodworking machine in motion

shall be kept free from obstruction.

4. Floors.-The floor surrounding every woodworking machine shall be maintained in good

and smooth condition, and shall not be allowed to become slippery, and as far as

practicable shall be kept free from chips or other loosely scattered material.

5. Training and supervision.-

(a) No person shall be employed at a woodworking machine unless he has been

sufficiently trained to work that class of machine, or unless he works under the

adequate supervision of a person who has a thorough knowledge of the working of

the machine.

16


Rule 32 (Sch)

(b) A person who is being trained to work a woodworking machine shall be fully and

carefully instructed as to the dangers of the machine and the precautions to be

observed to secure safe working of the machine.

6. Circular saws.-Every circular saw shall be fenced as follows:-

(a) behind and in direct line with the saw there shall be a riving knife, which shall

have a smooth surface, shall be strong, rigid and easily adjustable, and shall also

conform to the following conditions:-

(i) the edge of the knife nearer the saw shall form an arc of a circle having a

radius not exceeding the radius of the largest saw used on the bench;

(ii) the knife shall be maintained as close as practicable to the saw, having

regard to the nature of the work being done at the time, and at the level of

the bench table. The distance between the front edge of the knife and the

teeth of the saw shall not exceed 12 millimeters; and

(iii) for a saw of a diameter of less than 60 cm., the knife shall extend upwards

from the bench table to within 25 mm. of the top of the saw, and for a saw

of a diameter 60 cm. or over shall extend upwards from the bench table to

a height of at least 23 cm.

(b) the top of the saw shall be covered by a strong and easily adjustable guard, with a

flange at the side of the saw farthest from the fence. The guard shall be kept so

adjusted that the said flange shall extend below the roots of the teeth of the saw.

The guard shall extend from the top of the riving knife to a point as low as

practicable at the cutting edge of the saw; and

(c) the part of the saw below the bench table shall be protected by two plates of metal

or other suitable material, one on each side of the saw; such plates shall not be

more than 15 cm. apart, and shall extend from the axis of the saw outwards to a

distance of not less than 5 cm. beyond the teeth of the saw. Metal plates, if not

beaded, shall be of a thickness of at least 2.5 mm., or if beaded, be of a thickness

of at least 1.25 mm.

7. Push Sticks.-A push stick or other suitable appliance shall be provided for use at every

circular saw and at every vertical spindle moulding machine to enable the work to be

done without unnecessary risk.

8. Band saws.-Every band saw shall be guarded as follows:-

(a) both sides of the bottom pulley shall be completely encased by sheet or expanded

metal or other suitable material;

17


Rule 32 (Sch.I-II)

(b) the front of the top pulley shall be covered with sheet or expanded metal or other

suitable material; and

(c) all portions of the blade shall be enclosed or otherwise securely guarded, except

the portion of the blade between the bench table and the top guide.

9. Planing machines.-

(a) A planing machine (other than a planing machine which is mechanically fed) shall

not be used for overhand planing unless it is fitted with a cylindrical cutter block.

(b) Every planing machine used for overhand planing shall be provided with a

"bridge" guard capable of covering the full length and breadth of the cutting slot

in the bench, and so constructed as to be easily adjusted both in a vertical and

horizontal direction.

(c) The feed roller of every planing machine used for thicknessing, except the

combined machine for overhand planing and thicknessing, shall be provided with

an efficient guard.

10. Adjustment and maintenance of guards.-The guards and other appliances required under

this schedule shall be -

(a) maintained in an efficient state;

(b) constantly kept in position while the machinery is in motion; and

(c) so adjusted as to enable the work to be done without unnecessary risk.

11. Exemptions.-Paragraphs 6, 8, 9 and 10 shall not apply to any woodworking machine in

respect of which it can be proved that other safeguards are provided, maintained and used

which render the machine as safe as it would be if guarded in the manner prescribed in

this schedule.

SCHEDULE II

CENTRIFUGAL MACHINES

1. Definition.-"Centrifugal machines" include centrifugal extractors, separators and driers.

2. Every part of centrifugal machine shall be

(a) of good design and construction and of adequate strength;

(b) properly maintained; and

18


Rule 32 (Sch.II-III)

(c) examined thoroughly by a competent person at regular intervals to check for

unbalance & in case unbalance at high speeds is observed steps to restore the

balance shall be taken before commissioning the machine.

3. Interlocking guard for drum or basket.-

(a) The cage housing the rotating drum or basket of every centrifugal machine shall

be provided with a strong lid. The design and construction of the cage as well as the

lid shall be such that no access is possible to the drum or basket when the lid is

closed.

(b) Every centrifugal machine shall be provided with an efficient interlocking device

that will effectively prevent the lid referred to in sub-paragraph (a) from being

opened while the drum or basket is in motion and prevent the drum or basket

being set in motion while the lid is in the open position.

4. Braking arrangement.-Every centrifugal machine shall be provided with an effective

braking arrangement capable of bringing the drum or basket to rest within as short a

period of time as reasonably practicable after the power is cut off.

5. Operating speed.-No centrifugal machine shall be operated at a speed in excess of the

manufacturer's rating which shall be legibly stamped at easily visible places both on the

inside of the basket and on the outside of the machine casing.

SCHEDULE III

POWER PRESS

1. Application.- The Schedule shall apply to all types of power presses including press

brakes, except when used for working hot metal.

2. Definition.- For the purpose of this Schedule -

(a) "approved" means approved by the Competent Authority;

(b) "fixed fencing" means fencing provided for the tools of a power press being fencing which

has no moving parts associated with or dependent upon the mechanism of a power press

and includes that part of a closed tool which acts as a guard;

(c) "power press" means a machine used in metal or other industries for moulding, pressing,

blanking raising drawing and similar purposes;

(d) "safety device" means the fencing and any other safeguard provided for the tools of a

power press.

3. Starting and stopping mechanism.- The starting and stopping mechanism shall be

provided with a safety stop so as to prevent

19


Rule 32 (Sch.III)

over running of the press or descent of the ram during tool setting, etc.

4. Protection of tool and die.-

(a) Each press shall be provided with a fixed guard with a slip plate on the underside

enclosing the front and sides of the tool.

(b) Each die shall be provided with a fixed guard surrounding its front and sides, and

extending to the back in the form of a tunnel through which the pressed article

falls to the rear of the press.

(c) The design, construction and mutual position of the guards referred to in (a) and

(b) such as to preclude the possibility of the worker's hand or fingers approaching

the danger zone.

(d) The machine shall be fed through a small aperture at the bottom of the die guard,

but a wider aperture may be permitted for second or subsequent operations if

feeding is done through a chute.

(e) Notwithstanding anything contained in sub-clauses (a) and (b) an automatic or an

inter-locked guard may be used in place of a fixed guard, but where such guards

are used they shall be maintained in an efficient working condition and if any

guard develops a defect, the power press shall not be operated unless the defect of

the guard is removed.

5. Appointment of persons to prepare power presses for use .-

(a) Except as provided in paragraph (4), no person shall set, re-set, adjust or try out

the tools on a power press or install or adjust any safety device thereon, being

installation or adjustment preparatory to production of die proving, or carry out an

inspection and test of any safety device thereon required by paragraph 8 unless he-

(i) has attained the age of eighteen;

(ii) has been trained in accordance with the sub-paragraph (b); and

(iii) has been appointed by the occupier of the factory to carry out those duties

in respect of the class or description of power press or the class or

description of safety device to which the power press or the safety device (as

the case may be) belongs; and the name of every such person shall be

entered in a register in Form 1.

20


Rule 32(Sch.III)

(b) The training shall include suitable and sufficient practical instruction in the

matters in relation to each type of power press & safety device in respect of which

it is proposed to appoint the person being trained.

6. Examination and testing of power presses and safety devices.-

(a) No power press or safety device shall be taken into use in any factory for the first

time in that factory, or in case of a safety device for the first time on any power

press, unless it has been thoroughly examined and tested, in the case of a power

press, after installation in the factory, or in the case of a safety device, when in

position on the power press in connection with which it is to be used.

(b) No power press shall be used unless it has been thoroughly examined and tested

by a competent person within the immediately preceding period of 12 months.

(c) No power press shall be used unless every safety device (other than fixed fencing)

thereon has within the immediately preceding period of six months when in

position on that power press, been thoroughly examined and tested by a competent

person.

(d) The competent person carrying out an examination and test under the foregoing

provisions shall make a report of the examination and test containing the

following particulars and every such report shall be kept readily available for

inspection:

(i) name of the occupier of the factory;

(ii) address of the factory;

(iii) identification number or mark sufficient to identify the power press or the

safety device;

(iv) date on which the power press or the safety device was first taken into use

in the factory;

(v) the date of each periodical thorough examination carried out as per

requirements of sub-paragraph (b) above;

(vi) particulars of any defects affecting the safe working of the power press or

the safety device found at any such thorough examination and steps taken

to remedy such defects;

21


Rule 32(Sch.III)

7. Defects disclosed during a thorough examination and tests .-

(a) Where any defect is disclosed in any power press or in any safety device by any

examination and test under paragraph 6 and in the opinion of the competent

person carrying out the examination and test, either-

(i) the said defect is a cause of danger to workers and in consequence the

power press or safety device (as the case may be ) ought not to be used

until the said defect has been remedied; or

(ii) the said defect may become a cause of danger to workers and in

consequence the power press or safety device (as the case may be) ought

not to be used after the expiration of a specified period unless the said

defect has been remedied.

Such defect shall, as soon as possible after the completion of the examination and

test, be notified in writing by the competent person to the occupier of the factory

and, in the case of a defect falling within clause (ii) of this sub-paragraph such

notification shall include the period within which, in the opinion of the competent

person, the defect ought to be remedied.

(b) In every case where notification has been given under this paragraph, a copy of the

report made under paragraph 6(d) shall be sent by the competent person to the

inspector for the area within fourteen days of the completion of the examination

and test.

(c) Where any such defect is notified to the occupier in accordance with the foregoing

provisions of this paragraph the power press or safety devise (as the case may be )

having the said defect shall not be used -

(i) in the case of a defect falling within clause(i) of sub- paragraph (a) until

the said defect has been remedied; and

(ii) in the case of defect falling within clause (ii) of sub-paragraph (a), after the

expiration of the specified period.

(d) As soon as is practicable after any defect of which notification has been given

under sub-paragraph(a) has been remedied, a record shall be made by or on behalf

of the occupier stating the measures by which and the date on which the defect

was remedied.

8. Inspection and test of safety devices.-

(a) No power press shall be used after the setting, resetting or adjustment of the

22


Rule 32(Sch.III)

tools thereon unless a person appointed or authorised for the purpose under

Paragraph 5 has inspected and tested every safety device thereon while it is in

position on the said power press:

Provided that any inspection, test and certificate as aforesaid not be required

where any adjustment of the tools has not caused or resulted in any alteration to or

disturbance of any safety device on the power press and if, after the adjustment of

the tools, the safety devices remain, in the opinion of such a person as aforesaid, in

efficient working order.

(b) Every power press and every safety device thereon while it is in position on the

said power press shall be inspected and tested by a trained person every day.

9. Defects disclosed during an inspection and test.-

(a) Where it appears to any person as a result of any inspection and test carried out by

him under paragraph 8 that any necessary safety device is not in position or is not

properly in position on a power press or that any safety device which is in position

on a power press is not in his opinion suitable, he shall notify the manager

forthwith.

(b) Except as provided in sub-paragraph (c) where any defect is disclosed in a safety

device by any inspection and test under paragraph 8, the person carrying out the

inspection and test shall notify the manager forthwith.

(c) Where any defect in a safety device is the subject of a notification in writing under

paragraph 7 by virtue of which the use of the safety device may be continued

during a specified period without the said defect having been remedied, the

requirement in sub-paragraph (b) of this paragraph shall not apply to the said

defect until the said period has expired.

10. Identification of power presses and safety devices.- For the purpose of identification

every power press and every safety device provided for the same shall be distinctively and

plainly marked.

11. Training and instructions to operators.- The operators shall be trained and instructed in

the safe method of work before starting work on any power press. It shall be ensured by

adequate supervision that correct operating procedures are being followed.

12. Exemptions.-

(a) If in respect of any factory, the Competent Authority is satisfied that owing to the

circumstances or infrequency of the processes or for any other reason, all or any of

the provisions of this Schedule are not necessary for the

23


Rule 32(Sch.III-IV)

protection of the workers employed on any power press or any class or description of

power press or in the factory, the Competent Authority by a certificate in

writing(which he may in his discretion revoke at any time), exempt such factory

from all or any of such provisions subject to such conditions, if any, as he may

specify therein.

(b) Where such exemption is granted, a legible copy of the certificate, showing the

conditions (if any) subject to which it has been granted, shall be kept posted in the

factory in a position where it may be conveniently read by the persons employed.

SCHEDULE IV

WELDING AND GAS CUTTING

1. Arc Welding.-

(a) Definition.- Arc welding is a welding process wherein coalescence is produced by

heating with an electric arc, with or without application of pressure and with or

without the use of filler metal.

(b) Correct and proper electric earthing shall be provided for the welding machine,

the casing and the job to be welded. These shall be electrically checked for any

leakage of current by an authorised and trained electrician.

(c) The welding machine shall be kept at a dry place and materials shall not be kept

around it.

(d) The welding cable shall be in good condition. The metal wire shall not be in an

exposed state anywhere. The welding cable connections shall be tight. The cable

shall not lie on wet surface nor shall it pass through water. Building structure, fuel

tanks, railings etc., shall not be used to support welding cables. As far as possible

cable shall not be laid across the passages.

(e) The welder shall not wear any wet dresses, footwear, hand gloves etc. These

articles must be dry before working with welding machines. The welder shall

wear rubber shoes, hand gloves and use welding screens while doing welding

jobs. Welding screen shall be used around the welding area to stop welding

flashes from affecting others. The welder must check the welding holder

thoroughly before starting the job and shall also see that the insulation of the

holder is proper.

(f) The welding cable and holder etc., shall be fastened to the overhead structures

with non-conductors to prevent these from dropping down.

24


Rule 32 (Sch.IV)

(g) Scaffolding made of corrugated sheets shall be used below the areas where

welding is to be done to prevent sparks dropping down below.

(h) While welding in confined areas like inside of tanks, pipes etc., proper ventilation

shall be provided with the help of a fan.

(i) Welding on a gas or fuel line shall never be done without a special approved

procedure written specially for the particular job.

(j) All welding work shall be started only after obtaining a welding permit from

authorised agency indicating special precautions including the fire fighting details.

(k) For welding work on overhead equipment such as crane etc. a separate earth cable

shall be run up to the work place and shall be connected to work piece.

2. Gas Cutting.-

(a) Definition.- Gas cutting is a process used for cutting mild steel by a flame torch

using compressed gases Hydrogen/Acetylene and oxygen to preheat the metal and

cutting it by forcing oxygen at higher pressure.

(b) The gas cylinders shall be kept well away from any fire or hot areas. The rubber

pipes, joints, gas torches, valve connections shall be thoroughly checked for

leakage of gas.

(c) The gas cutter shall use proper safety appliances viz. gas cutters goggles, hand

gloves, safety shoes, helmets and safety belts.

(d) The rubber hose shall not come in contact with any hot material and it shall not be

taken through hot areas.

(e) The gas torch shall be fastened to a fixed overhead structural or with the body of

the gas cutter to stop it from dropping down.

(f) The rubber hose shall not obstruct the movement of others. When necessary to

lower the rubber hose with fittings, a fibre rope should be used. A metal sheet

shall be used below the job to arrest any sparks/hot slags from falling down.

(g) Before starting any gas cutting, a written permit clearance shall be obtained from

authorised person which will indicate all Safety precautions including fire fighting

details.

(h) Gas cutting at or near fuel line/hazardous area etc., shall be done only after

obtaining a special approved procedure for that job.

(i) Provisions of Gas Cylinder Rules shall be complied with.

25


Rule 32 (Sch.V)

SCHEDULE V

SHEARS, SLITTERS AND GUILLOTINE MACHINES

1. Definition.- For the purpose of this Schedule -

(a) "guillotine" means a machine ordinarily equipped with straight, bevel-edged blade

operating vertically against a stationery resisting edge and used for cutting

metallic or non- metallic substances;

(b) "shears" or "shearing machine" means a machine ordinarily equipped with

straight, bevel-edged blades operating vertically against resisting edges, or with

rotary, overlapping cutting wheels, and used for shearing metals or non-metallic

substances; and

(c) "slitter" or "slitting machine" means a machine ordinarily equipped with circular

disc-type knives, and used for trimming or cutting into metal or non-metallic

substances or for slitting them into narrow strips; for the purpose of this Schedule,

this term includes bread or other food slicers equipped with rotary knives or

cutting discs.

2. Guillotine and Shears.-

(a) Where practicable, a barrier metal guard of adequate strength shall be provided at

the front of the knife, fastened to the machine frame and shall be so fixed as

would prevent any part of the operator's body to reach the descending blade from

above, below or through the barrier guard or from the sides:

Provided that in case of machines used in the paper printing and allied industries,

where a fixed barrier metal guard is not suitable on account of the height and

volume of the material being fed, there shall be provided suitable starting devices

which require simultaneous action of both the hands of the operator or an

automatic device which will remove both the hands of the operator from the

danger zone at every descent of the blade.

(b) At the back end of such machines, as inclined guard shall be provided over which

the slit pieces would slide and be collected at a safe distance in a manner as would

prevent a person at the back from reaching the descending blade.

(c) Power-driven guillotine cutters, except continuous feed trimmers, shall be

equipped with -

(i) starting devices which require the simultaneous action of both hands to

start the cutting motion and of at least one hand on a control during the

complete stroke of the knife; or

26


Rule 32 (Sch.V)

(ii) an automatic guard which will remove the hands of the operator from the

danger zone at every descent of the blade, used in conjunction with one-

hand starting devices which require two distinct movements of the device

to start the cutting motion, and so designed as to return positively to the

non-starting position after each complete cycle of the knife.

(d) Where two or more workers are employed at the same time on the same power-

driven guillotine cutter equipped with two- hand control the device shall be so

arranged that each worker shall be required to use both hands simultaneously on

the safety trip to start the cutting motion, and at least one hand on a control to

complete the cut.

(e) Power-driven guillotine cutters, other than continuous trimmer, shall be provided,

in addition to the brake or other stopping mechanism, with an emergency device

which will prevent the machine from operating in the event of failure of the brake

when the starting mechanism is in the non-starting position.

3. Slitting Machines.-

(a) Circular disc-type knives on machines for cutting metal and leather, paper, rubber,

textiles or other non-metallic substances shall, if within reach of operators

standing on the floor or working level, be provided with guards enclosing the

knife edges at all times as near as practicable to the surface of the material, and

which may either-

(i) automatically adjust themselves to the thickness of the material; or

(ii) be fixed or manually adjusted so that the space between the bottom of the

guard and the material will not exceed 6 mm (1/4 in.) at any time.

(b) Portions of blades underneath the tables or benches of slitting machines shall be

covered by guards.

4. Index Cutters and Vertical Paper Slotters.- Index cutters, and other machines for cutting

strips from the ends of books, and for similar operations, shall be provided with fixed

guards, so arranged that the fingers of the operators cannot come between the blades and

the tables.

5. Corner Cutters.- Corner cutters, used in the manufacture of paper boxes, shall be

equipped with -

(a) suitable guard fastened to the machines in front of the knives and provided with

slots or perforations to afford visibility of the operations; or

(b) other guards equally efficient for the protection of the fingers of the workers.

27


Rule 32(Sch.V-VI)

6. Band Knives.- Band wheels on band knives, and all portions of the blades except the

working side between the sliding guide and the table on vertical machines, or between the

wheel guards on horizontal machines, shall be completely enclosed with hinged guards of

sheet metal not less than 1 mm(0.04 in) in thickness or of other material of equal strength.

SCHEDULE VI

AGITATORS AND MIXING MACHINES

1. Definition.- "Agitators and Mixing Machines" means a tank or other container equipped

with power-driven mixing arms, blades or paddle wheels fixed to revolvable shafts or

other simple mechanical devices for blending stirring liquids with other liquids or with

solid substances or combinations of these.

2. When the top of an open agitator tank, beater tank or paddle tank or similar vessel is less

than 1 M above the adjacent floor or working level, adequate standard railings shall be

installed on all open sides.

3. Agitators and mixing machines shall be provided with an efficient inter-lock arrangement

for the top lid, to prevent access to the agitating, stirring or similar devices, whilst in

motion and would prevent restart under power with the lids in open position.

4. When other inspection or examination openings are provided at the top or sides of the

containers vessels of the agitator and mixing machines, such openings shall be provided

with standard grill guards as would prevent access of any part of the operator's body

coming in contact with agitator stirring or similar devices whilst in motion.

5. When discharge holes, openings, chutes or similar arrangements are provided at bottom

or at the sides of the container vessels of the agitator and mixing machines, they shall, be

so designed, shaped guarded, or situated as would prevent access of any part of operator's

body coming in contact with agitating, stirring or similar devices, whilst in motion inside the

vessel.

28


Rule 32 (Sch. -VII)

SCHEDULE VII

CONVEYORS

1. Application.- The schedule shall apply to all types of conveyors.

2. Definition.- Conveyor means a horizontal, inclined or vertical device for moving or

transporting bulk materials, packages & objects in a path predetermined by the design of

device and having points of loading or discharge fixed or selective.

3. General.- The conveyors shall be so designed installed, operated & maintained as per the

national code & standards. Safe procedures shall be laid down to include the following,

namely:-

(a) All moving parts of conveyors such as gears, sprockets, sheaves etc. shall be

guarded;

(b) The starting switch of conveyor shall be located at such a place so that the

operator shall have clear view of the entire conveyor length;

(c) The entire system shall be so interlocked by electrical or mechanical means that it

can stop automatically if there is a blockage at any place along the length;

(d) Conveyors operating in series shall have controls so designed that if one of the

conveyor stops others shall automatically stop;

(e) Electrical machines operating the conveyors equipped with brakes which are

mechanically applied or released by movement of operating device, shall be so

designed that if the electrical power is interrupted with brakes in OFF position,

load can descend only at controlled speed;

(f) Antirunaway or backstop devices shall be provided on reversible type of

conveyors where reversing can cause hazard;

(g) Overload protecting devices shall be provided on conveyors which shall

disconnect the electrical power. All restarting devices shall remain locked till the

cause of overload is removed;

(h) For conveyors feeding the hopper at or near level of floor, the hopper shall be

provided with screen or railing and toe-board;

(i) Conveyors handling flammable material or fine powders shall have only

explosion proof electrical fixtures. The dust levels in the area shall be restricted to

PLE Limits by suitable means; and

(j) Conveyors running in tunnels & pits shall have sufficient clearance at sides for

workers engaged in lubricating or repair works.

4. Conveyors at height.-

(a) Conveyors at elevated locations shall be provided with access platform with toe-

board & guard rails.

29


Rules 32 (Sch.VII)-34

(b) Conveyors installed within 2 metres of floor or walkway surface shall be provided

with crossovers or passages

(c) Overhead conveyors shall be provided with sideboards along the edges & screen

guards underneath. Underpasses shall be provided with sheet metal ceiling for

protection of the persons crossing.

(d) Conveyors passing through building floors, walls shall have interlocks installed in

such a way that all will have to operate at one time to start the system. These

switches shall be clearly marked & area near them shall be kept clean and free of

obstructions. The openings shall be guarded with hand rails, toe-boards etc.

5. Maintenance.- The operation, maintenance of conveyors shall be done under work permit

system keeping in mind the nature of materials handled. The entire mechanism of

conveyors, electrical switches, interlocks etc. shall be inspected and maintained regularly

especially for brakes, back stops, anti-runaway devices, overload releases and such other

safety devices.

6. Fire Fighting.- The entire length of the conveyor shall be covered by installation of fire

detection and warning system. Wherever conveyor passes through wall or floor openings,

automatic system shall be installed for closing of them to stop the passage of flame

through them. Wherever necessary automatic water sprinkler system shall also be

provided.

33. Register of workers employed for work on or near machinery in motion.-In every

factory a register shall be maintained in Form 1 in which the name and other

particulars of every such worker as may be employed for such examination or

operation as referred to in the proviso to sub-section (1) of section 21 shall be

entered.

34. HOISTS AND LIFTS.-

(1) A register shall be maintained to record particulars of examination of hoists and

lifts and shall give particulars as shown in Form 3.

(2) In pursuance of the provisions of sub-section (4) of Section 28, in respect of any

class or description of hoist or lift specified in the first column of the following

Schedule, the requirements of section 28 specified in the second column of the

said Schedule and set opposite to that class or description of hoist or lift shall not

apply.

30


Rules 34-35

SCHEDULE

Class or description of hoist or lift

Hoists or lifts mainly used for raising materials

for charging blast furnaces or lime kilns.

Hoists not connected with mechanical power

and which are not used for carrying persons.

Requirements which shall not apply

Sub-section 1(b) in so far as it requires a gate

at the bottom landing; sub-section1(d); sub-

section 1(e)

Sub-section 1(b) in so far as it requires the

hoistway or liftway enclosure to be so

constructed as to prevent any person or thing

from being trapped between any part of the

hoist or lift and any fixed structure or moving

part; sub-section 1(e)

35. LIFTING MACHINES, CHAINS, ROPES AND LIFTING TACKLES.-

(1) No lifting machine and no chain, rope or lifting tackle, except a fibre rope or fibre

rope sling, shall be taken into use in any factory for the first time in that factory

unless it has been tested and all parts have been thoroughly examined by a

competent person and a certificate of such a test and examination specifying the

safe working load or loads and signed by the person making the test and the

examination, has been obtained and is kept available for inspection.

(2) Every jib-crane so constructed that the safe working load may be varied by the

raising or lowering of the jib, shall have attached there to either an automatic

indicator of safe working loads or an automatic jib angle indicator and a table

indicating the safe working load at corresponding inclinations of the jib or

corresponding radii of the load. An audio-visual alarm be preferably provided in

addition, to give alarm wherever the limits given in table are exceeded.

(3) A table showing the safe working loads of every kind and size of chain, rope or use,

and, in the lifting tackle in case of a multiple sling, the safe working loads at

different angles of the legs, shall be pasted in the store in which the chains, ropes

or lifting tackles are kept, and in prominent positions on the premises, and no

chain, rope or lifting tackle not shown in the table shall be used:

Provided that this sub-rule shall not apply in respect of such lifting tackle if the

safe working load thereof, or in the case of a multiple sling, the safe working load at

different angles of the legs, is plainly marked upon it.

31


Rule 35

(4) The register to be maintained under clause (a)(iii) of sub-section (1) of Section 29 of the

Act shall contain the report as given in Form - 4, giving following particulars and shall be

kept readily available for inspection:-

(a) Name of occupier of factory.

(b) Address of factory.

(c) Distinguishing number or mark, if any, and description sufficient to identify the

lifting machine, chain, rope, or the lifting tackle.

(d) Date when the lifting machine, chain, rope or lifting tackle was first taken into use

in the factory.

(e) Date and number of the certificate relating to any test and examination made

under sub-rules (1) and (15) together with the name and address of the person who

issued the certificate.

(f) Date of each periodical thorough examination made under clause (a) (iii) of sub-

section(1) of Section 29 of the Act and sub-section (3) and by whom it was carried

out.

(g) Date of annealing or other heat treatment of the chain and other lifting tackle

made under sub-rule (7) and by whom it was carried out.

(h) Particulars of any defects affecting the safe working load found at any such

thorough examination or after annealing and of the steps taken to remedy such

defects.

(5) All rails on which a travelling crane moves and every track on which the carriage of a

transporter or runway moves shall be of proper size and adequate strength and have an

even running surface; and every such rail or track shall be properly laid, adequately

supported and properly maintained.

(6) To provide access to rail tracks of overhead travelling cranes suitable passage-ways of at

least 50 centimeters width with toeboards and double hand rails 90 centimeters high shall

be provided alongside, and clear of, the rail tracks of overhead travelling cranes, such that

no moving part of the crane can strike persons on the ways, and the passage-way shall be

at a lower level than the crane track itself. Safe access ladders shall be provided at

suitable intervals to afford access to these passage-ways, and from passage-ways to the

rail tracks:

Provided that the Competent Authority may, for reasons to be specified in writing,

exempt any factory in respect of any overhead travelling crane from the operation of any

provision of this sub-rule subject to such conditions as it may specify.

(7) All chains and lifting tackles except a rope sling shall, unless they have been subjected to

such other heat treatment as may be approved by the Competent Authority of Factories,

be effectively annealed under the supervision of a competent person at the following

intervals:-

32


Rule 35

(a) all chains, slings, rings, hooks, shackles and swivels used in connection with

molten metal or molten slag or when they are made of 12.5 millimeters bar or

smaller, once at least in every six months; and

(b) all other chains, rings, hooks, shackles and swivels in general use, once at least in

every twelve months:

Provided that chains and lifting tackle not in frequent use shall, subject to the

Competent Authority's approval, be annealed only when necessary. Particulars of

such annealing shall be entered in a register prescribed under sub-rule (4).

(c) Slinging-

(i) Chains shall not be joined by bolting or wiring links together. They shall

not be shortened by tying knots. A chain in which the links are locked,

stretched or do not move freely shall not be used. The chain shall be free

of kinks and twists. Proper eye splices shall be used to attach the chain

hooks.

(ii) Pulley blocks of the proper size shall be used to allow the rope free play in

the sheave grooves and to protect the wire rope from sharp bends under

load. Idle sling shall not be carried on the crane hook along with a loaded

sling. When idle slings are carried they shall be hooked.

(iii) While using multileged slings, each sling or leg shall be loaded evenly and

the slings shall be of sufficient length to avoid a wide angle between the

legs.

(iv) Sling hitches on loads shall be made under the supervision of experienced

persons.

(8) Nothing in the foregoing sub-rule (7) shall apply to the following classes of chains and

lifting tackles, namely:-

(a) chains made of malleable cast iron;

(b) plate link chains;

(c) chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous

metal; (d) pitched chains, working on sprocket or pocketed wheels;

(e) rings, hooks, shackles and swivels permanently attached to pitched chains, pulley

blocks or weighing machines;

(f) hooks and swivels having screw threaded parts or ball bearing or other case

hardened parts;

(g) socket shackles secured to wire ropes by white-metal capping; and

(h) bordeaux connections:

33


Rule 35

Provided that such chains and lifting tackles shall be thoroughly examined by a

competent person once at least in every twelve months, and particulars entered in the register

kept in accordance with sub-rule (4).

(9) Cranes shall be operated only by authorised persons who are well trained and

experienced, operators shall ensure that all safety devices are functioning properly before

crane is put into operation.

(10) A mobile crane shall be operated so that none of its parts can approach live electric lines

closer than 3 m. While lifting loads such a crane shall be located on level ground.

(11) Standard signals shall be used and operators shall recognise signals from only one person

during crane operation. Signal men shall direct equipment movement at fills, quarries,

pits, intersections or any other place where necessary to prevent possible accidents.

(12) No person shall be permitted to work or walk under a load.

(13) Thorough inspection and load testing of a crane shall be done by a competent person at

least once every 12 months. The load to be used for the purpose of testing shall be as

follows:

Safe working load Test load

Up to 20 tons 25% in excess

20 - 50 tons 5 tons in excess

Over 50 tons 10% in excess

(14) All lifting machines, ropes, chains and lifting tackles, except a fibre rope or fibre sling,

which have been lengthened, altered or repaired by welding or otherwise, shall, before

being again taken into use, be adequately re-tested and re-examined by a competent

person and certificate of such test and examination be obtained, and particulars entered in

the register kept in accordance with sub-rule (4).

(15) No person under 18 years of age and no person who is not sufficiently competent and

reliable shall be employed as driver of a lifting machine whether driven by mechanical

power or otherwise, or to give signals to a driver.

(16) Where the Competent Authority is satisfied that in a factory due to shutdown or for any

other reasons it is not practicable to maintain a minimum distance of 6 metres between

the person employed or working on or near the wheel track of a travelling crane and the

crane, it may on the request of the manager reduce the distance to such extent as it may

consider necessary and also prescribe further precautions indicating appointment of

suitable number of supervisors to ensure the safety of the persons while they are

employed or working on or near the track.

34


Rules 35-36

36. PRESSURE VESSELS OR PLANTS.-

(1) Interpretation.-In this rule-

(a) "design pressure" means the maximum pressure that a pressure vessel or plant is

designed to withstand safely when operating normally;

(b) "maximum permissible working pressure" means the maximum pressure at which

a pressure vessel or plant is permitted to be operated or used under this rule and is

determined by the technical requirement of the process;

(c) "plant" means a system of piping that is connected to a pressure vessel and is used

to contain a gas, vapour or liquid under pressure greater than the atmospheric

pressure, and includes the pressure vessel;

(d) "pressure vessel" means a vessel that may be used for containing, storing,

distributing, transferring, distilling, processing or otherwise handling any gas,

vapour or liquid under pressure greater than the atmospheric pressure and includes

any pipeline fitting or other equipment attached thereto or used in connection

therewith; and

(e) "competent person" means a person as defined in Sr.No. 5. of schedule to rule 31.

(2) Exceptions.-Nothing in this rule shall apply to -

(a) vessels made of ferrous materials having an internal operating pressure not

exceeding 1 kilogram per square centimeter;

(b) steam boilers, steam and feed pipes and their fittings coming under the purview of

the Indian Boilers Act, 1923;

(c) metal bottles or cylinders used for storage or transport of compressed gases or

liquefied or dissolved gases under pressure covered by the Gas Cylinder Rules,

1981 framed under the Indian Explosives Act, 1884;

(d) vessels in which internal pressure is due solely to the static head of liquid;

(e) vessels with a nominal water capacity not exceeding 500 litres connected in a

water-pumping system containing air that is compressed to serve as a cushion;

(f) vessels for nuclear energy application shall be covered by rules framed by

Competent Authority;

(g) refrigeration plant having a capacity of 3 tons or less of refrigeration in 24 hours;

and

35


Rule 36

(h) working cylinders of steam engines or prime movers, feed pumps and steam traps;

turbine casings; compressor cylinders; steam separators or dryers; steam strainers;

steam de-super- heaters; oil separators; air receivers for fire sprinkler installations;

air receivers of monotype machines provided the maximum working pressure of

the air receiver does not exceed 130 kPa (1.33 kg/sq.cm) and the capacity 85

litres; air receivers of electrical circuit breakers; air receivers of electrical relays;

air vessels on pumps, pipe coils, accessories of instruments and appliances such as

cylinders and piston assemblies used for operating relays and interlocking type of

guards; vessels with liquids subjected to static head only; and hydraulically

operating cylinders other than any cylinder communicating with an air loaded

accumulator.

(3) Design and construction.-Every pressure vessel or plant used in a factory -

(a) shall be properly designed on sound engineering practice;

(b) shall be of good construction, sound material, adequate strength and free from any

patent defects; and

(c) shall be properly maintained in a safe working condition:

Provided that the pressure vessel or plant in respect of the design and construction of

which there is an Indian standard or a standard of the country of manufacture or any other

law or regulation in force, shall be designed and constructed in accordance with the said

standards, law or regulation, as the case may be, and a certificate thereof shall be obtained

from the manufacturer or from the competent person which shall be kept and produced on

demand by an Inspector.

(4) Safety devices.-Every pressure vessel shall be fitted with-

(a) a suitable safety valve or other effective pressure relieving device of adequate

capacity to ensure that the maximum permissible working pressure of the pressure

vessel shall not be exceeded. It shall be set to operate at a pressure not exceeding

the maximum permissible working pressure and when more than one protective

device is provided, only one of the devices need be set to operate at the maximum

permissible working pressure and the additional device shall be set to discharge at

a pressure not more than 5 percent in excess of the maximum permissible working

pressure;

(b) a suitable pressure gauge with a dial range not less than 1.5 times the maximum

permissible working pressure, easily visible and designed to show at all times the

correct internal pressure and marked with a prominent red mark at the maximum

permissible working pressure of the pressure vessel;

(c) a suitable nipple and globe valve connected for the exclusive purpose of attaching

a test pressure gauge for checking the accuracy of the pressure gauge referred to in

clause (b) of this sub-rule;

(d) a suitable stop valve or valves by which the pressure vessel may be isolated from

other pressure vessels or plant or source of supply of pressure. Such a stop valve

or valves shall be located as close to the pressure vessel as possible and shall be

easily accessible;

36


Rule 36

which shall be 1.5 times the maximum permissible working pressure:

Provided that the pressure vessel or plant which is so designed and constructed

that it cannot be safely filled with water or liquid or is used in service when even

some traces of water cannot be tolerated, shall be pneumatically tested at a

pressure not less than the design pressure or maximum permissible working

pressure as the case may be:

Provided further that the pressure vessel or plant which is lined with glass shall be

tested hydrostatically or pneumatically as required at a pressure not less than the

design pressure or maximum permissible working pressure as the case may be.

Explanation:- Design pressure shall be not less than the maximum permissible

working pressure and shall take into account the possible fluctuations of pressure

during actual operation.

(b) No pressure vessel or plant shall be used in a factory unless there has been

obtained from the maker of pressure vessel or plant or from the competent person

a certificate specifying the design pressure or maximum permissible working

pressure thereof, and stating the nature of tests to which the pressure vessel or

plant and its fittings (if any) have been subjected, and every pressure vessel or

plant so used in a factory shall be marked so as to enable it to be identified as to

be the pressure vessel or plant to which the certificate relates and certificate shall

be kept available for perusal by the Inspector.

(c) No pressure vessel or plant shall be permitted to be operated or used at a pressure

higher than its design pressure, or the maximum permissible working pressure as

shown in the certificate.

(7) In-service test and examinations.-

(a) Every pressure vessel or plant in service shall be thoroughly examined by a

competent person -

(i) externally, once in every period of six months; and

(ii) internally, once in every period of twelve months:

Provided that if by reason of the construction of a pressure vessel or plant, a

thorough internal examination is not possible, this examination may be

replaced by a hydrostatic test which shall be carried out once in every

period of two years:

Provided further that for a pressure vessel or plant in continuous process which

cannot be frequently opened, the period observations, findings and conclusions with

other relevant remarks with reasons and may authorise the pressure vessel or plant

to be used and kept in operation subject to a lowering of maximum permissible

working pressure, or to more frequent or special examination or test, or subject to

both of these conditions.

37


Rules 36-38

(b) A report of every examination or test carried out shall be completed in Form 5 and

shall be signed by the person making the examination or test, and shall be kept

available for perusal by the Inspector at all hours when the factory or any part

thereof is working.

(c) Where the report of any examination under this rule specified any condition for

securing the safe working of any pressure vessel or plant, the pressure vessel or

plant shall not be used unless the specified condition is fulfilled.

(d) The competent person making report of any examination under this rule, shall

within seven days of the completion of the examination, send to the Competent

Authority a copy of the report in every case where the maximum permissible

working pressure is reduced or the examination shows that the pressure vessel or

plant or any part thereof cannot continue to be used with safety unless certain

repairs are carried out or unless any other safety measure is taken.

(10) Application of other laws.-

(a) The requirements of this rule shall be in addition to and without any prejudice to

and not in derogation of the requirements of any other law in force.

(b) Certificates or reports of any examination, or test of any pressure vessel or plant to

which sub-rules (7) to (9) do not apply, conducted or required to be conducted

under any other law in force and other relevant record relating to such pressure

vessel or plant, shall be properly maintained as required under the said law and

shall be produced on demand by the Inspector.

38. EXCESSIVE WEIGHTS.-

(1) No person, unless aided by another person or any mechanical device, shall carry or move

by hand or head any material, article, tool or appliance exceeding the maximum limit in

weight set out in the following Table:-

TABLE

Persons Max. weight of material, article, tool or appliance

in kg

a) Adult Male 55

b) Adult female 30

Provided that the dimensions of material, tool or appliance shall be such as not to make

worker unstable and not to hurt others:

Provided further that pregnant females shall not be engaged for lifting loads.

(2) No female worker shall engage in conjunction with others, in lifting carrying or moving

by hand or on head any material article, tool or appliance if the weight thereof exceeds the

lowest weight fixed by Table to sub rule (1) above for any of the persons engaged

multiplied by the persons engaged.

38


Rules -39

39. PROTECTION OF EYES.- Effective screens or suitable goggles shall be provided

for the protection of persons employed in or in the immediate vicinity of the

following processes, namely:-

(1) The processes specified in Schedule I to this rule, being processes which involve risk of

injury to eyes from particles or fragments thrown off in the course of the processes.

(2) The processes specified in Schedule II to this rule, being processes which involve risk of

injury to eyes by reason of exposure to excessive light or infra-red or ultra-violet

radiations.

SCHEDULE I

INJURY TO EYE FROM PARTICLES

1. Breaking, cutting, dressing or carving of bricks, stone, concrete, slag or similar materials

by means of a hammer, chisel, pick or similar hand tool, or by means of a portable tool

driven by mechanical power, and the dry grinding of surfaces of any such materials by

means of a wheel or disc driven by mechanical power, where in any of the foregoing

cases, particles or fragments are liable to be thrown off towards the face of the operator in

the course of the process.

2. Dry grinding of surfaces of metal by applying them by hand to a wheel, disc or band

driven by mechanical power, and of surfaces of metal by means of a portable tool driven

by mechanical power.

3. Dividing into separate parts of metal, bricks, stone, concrete or similar materials by

means of a high speed saw driven by mechanical power or by means of an abrasive

cutting-off wheel or disc driven by mechanical power.

4. Turning of metals or articles of metal, where particles or fragments are liable to be

thrown off towards the face of the operator in the course of the process.

5. Drilling by means of portable tools, where particles or fragments are liable to be thrown

off towards the face of the operator in the course of the process.

6. Welding and cutting of metals by means of an electric, oxy- acetylene or similar process.

7. Hot fettling of steel castings by means of a flux-injected burner or air torch, and de-

seaming of metal.

8. Fettling of metal castings involving the removal of metal, including runners, gates and

risers, and removal of any other material during the course of such fettling.

9. Chipping of metal, and chipping, knocking out, cutting out or cutting off of cold rivets,

bolts, nuts, lugs, pins, collars or similar articles from any structure or plant, or from part

of any structure or plant, by means of a hammer, chisel, punch or similar hand tool, or by

means of a portable tool driven by mechanical power.

10. Chipping or scurfing of paint, scale, slag, rust or other corrosion from the surface of metal

and other hard materials by means of a hand tool or by a portable tool driven by

mechanical power.

39


Rule 39(Sch.I-II)

11. Breaking of scrap metal by means of a hammer or by means of a tool driven by

mechanical power.

12. Routing of metal, where particles or fragments are liable to be thrown off towards the

face of the operator in the course of the process.

13. Work with drop hammers and power hammers used in either case for the manufacture of

forgings, and work by any person not working with such hammers, whose work is carried

on in such circumstances and in such a position that particles or fragments are liable to be

thrown off towards his face during work with drop hammers or power hammers.

14. Work at a furnace where there is risk to the eyes from molten metal.

15. Pouring or skimming of molten metal.

16. Work involving risk to the eyes from hot sand being thrown off.

17. Truing or dressing of an abrasive wheel.

18. Handling in open vessels or manipulation of strong acids or dangerous corrosive liquids

or materials, and operation, maintenance or dismantling of plant or any part of plant being

plant or part of plant which contains or has contained such acids, liquids or materials,

unless the plant or part of plant has been so prepared (by isolation, reduction of pressure, or

otherwise), treated, or designed and constructed as to prevent risk of injury.

19. Any other process wherein there is a risk of injury to eyes from particles or fragments

thrown off during the course of the process.

SCHEDULE II

INJURY TO EYE FROM LIGHT AND RADIATION

1. Welding or cutting of metals by means of an electrical, oxy- acetylene or similar process.

2. All work on furnaces where there is risk of exposure to excessive light or infra-red

radiations.

3. Process such as rolling, casting or forging of metals, where there is risk of exposure to

excessive light heat or infra-red radiations.

4. Any other process wherein there is a risk of injury to eyes from exposure to excessive

light or infra-red or ultra-violet radiations.

40


Rules 40-41

40. MINIMUM DIMENSIONS OF MANHOLES.- Every chamber, tank, vat, pipe, flue

or other confined space, which persons may have to enter and which may contain

dangerous fumes to such an extent as to involve risk of the persons being overcome

thereby, shall unless there is other effective means of egress, be provided with a

manhole which may be rectangular, oval or circular in shape, and shall have the

following dimensions as minimum, namely:-

Rectangular shape- 50 cm X 30 cm

Oval shape - Major & minor axis diameters 50 cm. and 30 cm. respectively.

Circular shape - 50 cm diameter

-------------------------------------------------------------------------------------------------------------

41. EXEMPTIONS.- The requirements of sub-section (4) of section 37 of the Act shall

not apply to the following processes carried on in any factory, namely:-

(1) the operation of repairing a water sealed gasholder by the electric welding process,

subject to the following conditions, namely:-

(a) the gasholder shall contain only the following gases, separately or mixed at a

pressure greater than atmospheric pressure, namely, town gas, coke-oven gas,

producer gas, blast furnace gas, or gases other than air, used in their manufacture:

Provided that this exemption shall not apply to any gasholder containing acetylene or

mixture of gases to which acetylene has been added intentionally; and

(b) welding shall only be done by the electric welding process and shall be carried out

by experienced operatives under the constant supervision of a competent person;

(2) the operations of cutting or welding steel or wrought iron gas mains and services by the

application of heat, subject to the following conditions, namely:-

(a) the main or service shall be situated in the open air, and it shall contain only the

following gases, separately or mixed at a pressure greater than atmospheric

pressure, namely, town gas, coke-oven gas, producer gas, blast furnace gas, or

gases other than air, used in their manufacture; (b) the main or service shall not contain acetylene or any gas or mixture of gases to which

acetylene has been added intentionally;

(c) the operation shall be carried out by an experienced person or persons and at least

2 persons (including those carrying out the operations) experienced in work on gas

mains and over 18 years of age shall be present during the operation;

(d) the site of the operation shall be free from any flammable or explosive gas or

vapour;

(e) where acetylene gas is used as a source of heat in connection with an operation, it shall be compressed and contained in a porous substance in a cylinder; and

(f) prior to the application of any flame to the gas main or service, this shall be

pierced or drilled and the escaping gas ignited.

41


Rules -45

45. PLANNING OF BUILDING CONSTRUCTION & ROADS, SIDEWALKS.-

(1) General.- All constructions shall conform to National Building Code of Indian Standards

Institution now Bureau of Indian Standards.*

(2) Means of access for industrial buildings.-

(a) Means of access for industrial buildings & those buildings which attract large

crowd shall be adequate.

The length of the main access shall be determined by the distance from

the farthest building to the public street. The length of the subsidiary accessories

shall be measured from the point of its' origin to the next wider road on which it

meets.

(b) Pathways: The approach to the buildings from road/street/internal means of access

shall be adequate and through paved pathways.

(c) Intersection of Roads: For intersection junction of roads meeting at right angles as

well as other than right angles, the rounding off or cut off or splay or similar

treatment shall be done, depending upon the width of the roads, traffic, sighting

angle etc. to provide clear sight distance.

(d) Speed Breakers & Pedestrian Passage: Speed breakers shall be provided on all

roads which lead to main road near the junction. The pedestrian crossings shall be

marked.

(e) Sign Boards & Signs: Sign boards displaying information on maximum

permissible speeds and appropriate road signs wherever required shall be

provided. The maximum permissible speed on internal roads shall be decided by

the manager of the factory depending on the traffic, size and number of vehicles,

number of persons working in a particular building etc. The sign boards, road

signs & pedestrian crossings shall be of fluorescent paint. The speed limit on

various roads shall be decided by the factory manager.

(3) Guarding of pits, sumps, trenches, manholes etc.-Pits, sumps, trenches, manholes and any

other openings in the wall or floor shall be adequately covered or guarded. these shall be

periodically checked and record maintained.

---------------------------------------------------------------------------------------------------------------------------

* Note-The Code covers aspects of administrative regulations, development control rules &

general building & fire protection requirements; rules for design of electrical, etc. installations;

regulation for ventilation etc. & plumbing services; measures to ensure safety of workers &

public during construction etc.

42


Rule - 46

46. CONSTRUCTION & ERECTION.-Manager shall take appropriate measures with the

approval of the Inspector to minimise the effects of occupational hazards arising out of

animals, reptiles, rodents, poisonous plants and weeds, weather conditions and living

conditions.

(1) General.-

(a) Site preparation - While preparing the site for construction, bush and other wood,

debris, etc, shall be removed and promptly disposed of so as to minimize the

attendant hazards.

Temporary buildings for construction offices and storage shall be so located as to

cause the minimum fire hazards and shall be constructed from non-combustible

materials as far as practicable.

(b) Access for Fire Fighting Equipment & Vehicles - Access for fire fighting

equipment shall be provided to the construction site at the start of construction

and maintained until all construction work is completed:

(i) Free access from the street to fire hydrants/static water tanks, where

available, shall be provided and maintained at all times;

(ii) No materials for construction shall be placed within 3m of hydrants/static

water tanks; and

(iii) During building operations, free access to permanent, temporary or

portable first-aid fire fighting equipment shall be maintained at all times.

(c) Access to the Upper Floors During Construction- In all buildings over two storeys

high, at least one stairway shall be provided in usable condition at all times. This

stairway shall be extended upward as each floor is completed. As far as possible,

there shall be a handrail on the staircase.

(2) Storage, Stacking & Handling of Materials.-Construction of Plant and Building:

Construction requires various kinds of materials such as cement; lime; masonary units;

aggregate;. fly ash; timber; protective clothing; electrical fittings etc. These shall be

stored and handled as per prevalent good practices & relevant national standards in order

to ensure quality & quantity of materials used in the construction and safety of personnel

handling these materials.

(3) Safety Requirements for Erection of Structural Steel Work.-

(a) Organization of Work - The agency responsible for erecting the steel work shall

analyze the proposed erection scheme for safety. The erection scheme shall cover

safety aspects right from the planning stage up to the actual execution of the work

and make provision for personnel protective equipments.

(b) Safety of Men:

(i) General - Skilled workers trained in relevant jobs shall only be employed

in jobs requiring skills.

(1) All personnel protective equipments like helmets, goggles, safety

shoes, gloves, aprons etc. shall be suitable for the job & shall

conform to relevant Indian Standards

43


Rule - 46

(2) When the work is in progress, the area shall be cordoned off by

barricades to structural components, or falling into excavated

trenches or getting injured by falling objects.

(3) Warning signs shall be displayed where necessary to indicate

hazards, for example (a) '440 VOLTS', (b) 'DO NOT SMOKE', (c)

'MEN WORKING AHEAD', etc.

(4) All electrically operated hand tools shall be provided with proper

earthing.

(5) Hand lamps shall be of low voltage preferably 24 V to prevent

electrical hazards.

(ii) Anchors for guys or ties shall be checked for proper placement. The

weight of concrete in which the anchors are embedded shall be checked

for uplift and sliding:

(1) Split-end eye anchors shall only be used in good, solid rock.

(2) The first load lifted by a guy derrick shall be kept at a small height

for about 10 minutes and the anchors immediately inspected for

any signs or indications of failure.

(3) When a number of trusses or deep girders are loaded in one car or

on one truck, all but one being lifted shall be tied back unless they

have been tied or braced to prevent their falling over and

endangering men unloading.

(4) The erection gang shall have adequate supply of bolts, washers,

rivets, pins, etc. of correct size. Enough number of bolts shall be

used in connecting each piece using a minimum of two bolts in a

pattern to ensure that the joint will not fail due to dead load and

erection loads.

All splice connections in columns, crane girders, etc., shall be

completely bolted or riveted or welded as specified in the drawing

before erection.

(5) Safety belts shall always be provided & used for working at

heights. The ropes shall be chemically treated to resist dew and

rotting. These shall not be tied on sharp edges of steel structures.

They shall be tied generally not more than 2 to 3 m. away from the

belt.

(6) On a guy derrick or climbing crane job, the tool boxes used by the

erection staff shall be moved to the new working floor each time

the rig is changed. On a mobile crane job, the boxes shall be

moved as soon as the crane starts operating in a new area too far

away for the men to reach the boxes conveniently.

44


Rule 46

(7) Baskets or containers to hold small materials such as bolts and drift

pins shall be provided to men working on floats or scaffolds. Men

shall be trained to use such containers, and to keep small tools

gathered up and put away in tool boxes when not in use. Material

shall not be dumped overboard when a scaffold is to be moved.

Rivet heaters shall have safe containers or buckets for hot rivets

left over at the end of the day.

(8) During the erection of tall buildings, nylon nets at a height of 3 to 4

m. shall be provided to ensure safety of men if there is a fall from

heights.

In case of industrial buildings the height of which is in excess of 4

m a temporary strong net shall be provided below the roof, at a

height of 3 m to 4 m above the floor, over which workers are

working.

(9) Safety Against Fire - A fire protection procedure shall be set up if

there is to be any flame cutting, burning, heating, riveting or any

operation that could start a fire. Following precautions shall be

observed during welding and cutting operations.

(a) The workers shall be instructed not to throw objects like

hot rivets, cigarette stubs, etc, around.

(b) Sufficient number of fire extinguishers, preferably of soda

acid type shall be placed at strategic points. Extinguishers

shall always be placed in cranes, hoists, compressors and

similar places. Where electrical equipments are involved,

CO2 or dry powder extinguishers shall be provided.

(10) Riding on a load, tackle or runner shall be prohibited.

(11) The load shall never be allowed to rest on wire ropes. Ropes in

operation shall not be touched. Wire ropes/manila ropes

conforming to acceptable standards shall be used for guying.

(12) Lifting Appliances - Necessary precautions as laid down in rule 37

shall be followed.

(c) Safety of Structure: General -The structure itself shall be safeguarded during its

erection & erection of columns shall be immediately followed by vertical bracing

between columns before the roof structure is erected.

45


Rule 46

(4) Excavation.-

(a) Excavation shall be planned in advance so that hazards due to falling and things

falling are avoided. Accident prevention measures shall be adopted and effectively

carried out on each job because of inherent dangers.

(b) Underground utilities such as water mains, drainage lines, electrical cables, gas

lines etc. shall be located and protected wherever necessary.

(c) Adequate measures shall be taken to prevent dislodgement of loose or unstable

earth, rock or other material from falling into the excavation by proper timbering.

(d) Cutting shall be done from top to bottom. Under no circumstances undermining or

undercutting shall be done.

(e) No excavation below the level of any foundation of a building or structure (if the

excavation is liable to effect the building) shall be commenced unless adequate

shoring has been provided to prevent any danger to the building.

(f) In every excavation work along sloping ground, sides and slopes of ground shall

be maintained in a safe condition by scaling, benching or barricading. Loose earth

and loose rock shall be scaled continuously. To ensure safety of workers engaged

on such work, each worker shall be provided with safety belt attached to a safety

line. On steep slopes workers shall not be permitted to work one above the other.

All such scaling work shall be done under good supervision.

(g) All trenches, 120 cm or more in depth, shall at all times be supplied with at least

one ladder for each 30 meters in length or fraction thereof. Ladder shall be

extended from bottom of the trench to at least one metre above the surface of the

ground.

(h) Every accessible part on an excavation or an opening in the ground into which a

person is liable to fall vertically through a height of 2 meters, shall be barricaded

to a height of one metre.

(i) Measures shall be taken to prevent spectators and other workmen who are not

engaged in excavation work, from approaching excavation areas by placing

warning signals etc. near the site of the excavation. Provisions shall also be made

to prevent animals from falling into excavation areas.

(5) Shoring.-

(a) Additional precautions by way of shoring and bracing shall be taken to prevent

slides, slips or caveins when excavations or trenches are made in locations subject to

vibrations from railway or road traffic, the operation of machinery or any other source

of vibration.

(b) Excavation over 1.2 m in depth, unless in solid rock or hard soil shall be shored and

braced or sloped to the angle of repose of the material when consolidated. All shoring

and bracing shall extend to the bottom of the excavation when necessary.

(c) No person shall work in an excavation shaft, earth work of tunnel unless all timbering

or planks used therein has been inspected by a competent person before the

commencement of the work.

46


Rule 46

(6) Night work. –

(a) Excavated area shall be adequately lighted up for night work.

(b) During night, a red danger light shall be displayed at a conspicuous place near the

excavation site to warn approaching traffic and men.

(7) Disposal of soil

The excavated material shall be dumped sufficiently away from the edge of the excavated

trench to avoid the excavated material slipping and falling into the trench. The excavated

materials and any other material or load shall not be dumped or placed within 1.5m of the

edges of the trench or half of the depth of the trench whichever is more.

(8) Scaffolding:

(a) Suitable scaffolds shall be provided for workmen for all works that cannot be done

safely from the ground.

(b) All the members of a scaffold such as planks, braces, vertical supports, horizontal

supports shall be of sound material, good construction and of adequate strength.

They shall be properly maintained.

(c) No plank shall be kept loose so that levering of the plank is avoided. Nails of proper

size shall be used for construction of scaffolds in sufficient numbers and driven fully

in.

(d) Scaffolding or staging more than 3.5 meters above the ground floor swung or suspended

from an overhead support or erected with stationary support shall have a guard rail

properly attached, bolted, braced and otherwise secured at least one metre high above the

the floor or platform of such scaffolding or staging and extending along the entire length

of the outside and ends thereof with only such opening as may be necessary for the

delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from

swaying from the building or structure.

(e) On unprotected scaffolds at high elevations the men must wear life belts suitably

anchored to some substantial part of the structure.

(f) Side screens shall be provided on scaffold erected along passageways.

(g) The platform of a suspended scaffold shall not be less than 45 cm. wide and

points of suspension not more than 3 m apart and so arranged, that, at the working

position, the edge is as close as practicable to the working face when persons have to

work in a sitting position. Suspended scaffolds shall be tested as before use to

ensure that minimum safety factors are maintained. The test will be made by

raising the working surface 30 cm. above the ground and loading it with at least

three times the maximum weight that will be imposed upon it.

47


Rule 46-47

(h) A safe and convenient means of access shall be provided to the platform or

scaffold. Means of access may be a portable ladder, fixed ladder, ramp or a

stairway. The use of cross braces or frame work as means of access to the working

surface shall not be permitted.

(i) All scaffolds, before use, shall be examined by the engineer in charge.

(j) Every working place and approach thereto, every place where raising or lowering

operations with the use of lifting appliance are in progress and all openings

dangerous to persons employed shall be adequately and suitably lighted.

(k) During dismantling of scaffolds necessary precautions shall be taken to prevent

injury to persons due to fall of loose materials.

(l) Bracings and other members of the scaffolds shall not be removed prematurely

while dismantling the entire scaffold which shall be maintained stable and rigid so

as to avoid the danger of collapse.

(m) Care shall be taken to see that no uninsulated electric wire exists within 3 metres

of the working platform, gangways, runs, etc. of the scaffold.

(n) Good house-keeping shall be maintained at all times upon scaffolds, platforms

and ramps. Excessive storage of materials thereon shall be avoided. Care must be

taken to avoid accumulation of small objects such as tools, pieces of

(c) A man shall be specially employed as signalman to watch the movement of the

bucket and warn the crew and vibrator operators of the approaching bucket so that

all workers may clear out of the area affected by the bucket. Signalman shall be so

stationed in a safe place that they can see the entire area where concrete is being

placed.

(12) Work in open areas and specially at height shall be stopped under adverse weather

conditions such as strong winds, snowfall, rainfall and under any other conditions

specified by Safety Officer/Inspector.

47. TEMPORARY ELECTRICAL WIRING.-

(1) Frayed and / or bare wires shall not be used for temporary electrical connections during

construction. All temporary wiring shall be installed and supervised by a competent

electrician. Adequate protection shall be provided for all electrical wiring laid on floor

which may have to be crossed over by construction machinery or by the workmen. All

flexible wiring connecting the electrical appliances shall have adequate mechanical

strength and shall preferably be enclosed in a flexible metal sheath. Overhead

wires/cables shall be so laid that they leave adequate head room. Clearance for the above

shall be obtained from the competent person.

(2) All electrical circuits, other than those required for illumination of the site at night, shall

be switched off at the close of day's work. The main switch board from which

connections are taken for lighting, power operated machinery, etc, shall be located in an

easily accessible and prominent place. No article of clothing nor stores shall be kept at the

back of or over the board or anywhere near it. One 3-kg/4.5-kg CO2 extinguisher or one

5-kg dry powder extinguisher shall be provided near the switch board.

48


Rules 48-50

48. BUILDINGS & STRUCTURES.- No building, wall, chimney, bridge, tunnel, road,

gallery, stairway, ramp, floor, platform, staging, or other structure, whether of a

permanent or temporary character, shall be constructed, situated or maintained in any

factory in such a manner as to cause risk of bodily injury.

49. MACHINERY AND PLANT.- No machinery, plant or equipment shall be constructed,

situated, operated or maintained in any factory in such a manner as to cause risk of bodily

injury or adverse effect on health. The Safety Officer shall have authority to stop the work

if he finds that unsafe practices are being followed and/or unsafe conditions exist.

50. METHODS OF WORK.- No process or work shall be carried in any factory in such a

manner as to cause risk of bodily injury. Schedule for Hand Tools & Portable Power

Tools is given below.

SCHEDULE

HAND TOOLS & PORTABLE POWER TOOLS

1. Hand tools:-

(a) Definition: Hand tool means any tool which is used without any external motive

power.

(b) Hand tools shall be of good quality materials, conforming to relevant BIS

standards and shall be used only for the job it is designed for. Non sparking tools

such as that made of Beryllium Copper alloy shall be used for working in

explosive areas.

(c) Workers shall be trained & instructed for proper use of tools such as files,

hammers, hacksaws etc.

(d) Proper tool bags shall be provided to workers to carry the tools and not leaving

them on floors, passages etc.

(e) Protective equipments such as gloves, goggles etc. shall be provided to and worn

by the workers.

(f) The tools shall be inspected regularly, repaired and maintained.

2. Portable Power Tools.-

(a) Definition: Portable Power Tool means a tool powered by electric or pneumatic

power, operated by a single operator and which is transportable from place to

place.

(b) Portable power tools shall conform to the relevant BIS standards and shall be used

for the job it is designed for. Starting switches shall be located at such places

where accidental starting cannot take place.

(c) Electrically operated tools shall be used only with 3 core cable with proper

earthing provided. This should be checked before use.

49


Rules 50-51

(d) Electrically operated tools shall not be used where flammable vapours, gases or

dusts are present, unless they are specially designed for use in such environment.

(e) Proper guards shall be provided for tools such as grinders, saws etc. and operators

shall be provided with personal protective equipments wherever required.

(f) In case of pneumatic tools a short chain shall be provided for attaching the air

hose and tools housings securely to prevent it from whipping in case of breaking

of the coupling.

(g) Periodic inspection and maintenance shall be carried out for electrical insulation,

earthing, integrity etc.

51. STACKING AND STORING OF MATERIALS, ETC.- No materials or equipment

shall be stacked or stored in such a manner as to cause risk of bodily injury.

52. LADDERS.-

(1) Every ladder shall be of good construction, sound material and of adequate strength for

the purpose for which it is used. The rungs shall be parallel, level and uniformly spaced at 30

cm.

(2) Ladders shall be inspected regularly and repaired immediately. No ladder with defective

or missing rungs shall be used. Wooden ladders shall not be painted. For preserving the

material from deterioration linseed oil or clear varnish shall be used.

(3) No portable single ladder shall be over 9 m in length while the width between side rails in

rung ladder shall in no case be less than 28 cm for ladder up to and including 3 m in

length. For longer ladders this width shall be increased at least 20 mm for each additional

metre of length. Uniform step spacing shall not exceed 30 cm.

(4) All ladders with spreading bases such as step and trestle ladders shall be equipped with

rigid spreads or some other means to prevent their premature opening or closing.

(5) Ladders shall be in a safe position before being climbed. The best angle for a ladder is 75

with the horizontal i.e., the distance of the base of the ladder from the wall, pole structure

etc., as the case may be shall be 1/4th its length.

(6) A ladder shall be stored upon brackets and in sheltered locations.

(7) A ladder shall not be placed upon a box, barrel, or other movable insecure object and

against a round or angular pillar such as pipe or narrow steel section etc.

(8) Two ladders must not be spliced together as far as possible. When it is inevitable they

shall be tied together properly to ensure rigidity. Extra parallel members at the point of

splicing may be added to each of the main members of the ladder. Two ladders shall not

be spliced together to provide access to a greater height than when a single ladder is used.

50


Rules -52(Sch.)

(9) Bamboo ladders shall be provided with twisted wire loops enclosing both longitudinal

members to prevent them from opening outwards. However, such ladders where

longitudinal members are reinforced with metal/wire loops shall not be used when

working on electrical circuits.

(10) Metal ladders with insulating rubber shoes shall only be used for working with electrical

lines or in places where they may come in contact with such wires.

(11) No worker shall work from a plank placed on the rungs of ladders.

(12) All permanently installed vertical ladders above a height of 3 m shall have manguards

provided.

53. OVENS AND DRIERS.-

(1) Application - This rule shall apply to ovens and driers, except those used in laboratories

or kitchens of any establishment and those which have a capacity below 325 litres.

(2) Definition:- For the purpose of this rule, "oven or drier" means any enclosed structure,

receptacle, compartment or box which is used for baking, drying or otherwise processing

of any article or substance at a temperature higher than the ambient temperature of the air

in the room or space in which explosive mixture of air and a flammable substance is

likely to be evolved within the enclosed structure, receptacle, compartment or box or part

thereof on account of the article or substance which is baked, dried or otherwise

processed within it.

(3) Separate electrical connection.- Electrical power supplied to every oven or drier shall be

by means of a separate circuit provided with an isolation switch.

(4) Design, Construction, examination and testing.-

(a) Every oven or drier shall be properly designed on sound engineering practice and

be of good construction, sound materials and adequate strength, free from any

patent defects and safe if properly used.

(b) No oven or drier shall be taken into use in a factory for the first time unless a

competent person has thoroughly examined all its parts and carried out the tests as

are required to establish that the necessary safe systems and controls provided for

safety in operation for the processes for which it is to be used and a certificate of

such examination and tests signed by that competent person has been obtained and

is kept available for inspection.

55. EXAMINATION OF EYE SIGHT OF CERTAIN WORKERS.-

(1) No person shall be employed to operate a crane, locomotive or fork-lift truck, or to give

signals to a crane or locomotive operator unless his eyesight and colour vision have been

examined and declared fit by a qualified ophthalmologist to work whether with or

without the use of corrective glasses.

51


Rules 55&59

(2) The eye sight and colour vision of the person employed as referred to in clause 1 shall be

examined at least once in every period of 12 months up to the age of 45 years and once in

every 6 months beyond that age.

(3) Any fee payable for an examination of a person under this sub-rule shall be paid by the

contractor/occupier and shall not be recoverable from that person.

(4) The record of examination or re-examination carried out as required under sub-rule 1

shall be maintained in Form-1.

57. QUALITY OF PERSONAL PROTECTIVE EQUIPMENT.- All Personal Protective Equipment provided to workers as required under any of the provisions of the Act or the Rules shall conform to the relevant Indian Standards.

58. PROTECTIVE EQUIPMENT.- The Inspector may, having regard to the nature of

the hazards involved in work and process being carried out, order the occupier or

the manager in writing to supply to the workers exposed to particular hazard any

personal protective equipment as may be found necessary.

59. THERMIC FLUID HEATERS.-

(1) All heaters shall be of such construction that coils are removable for periodic cleaning,

visual inspection and hydraulic test.

(2) Suitable arrangements shall be made for cooling the furnace effectively in case of power

failure.

(3) Before restarting the furnace, it shall be effectively purged.

(4) Velocity of flow of the thermic fluid shall not be allowed to fall below the minimum

recommended by the manufacturers while the heater is in operation.

(5) The thermic fluid shall be circulated in a closed circuit formation with an expansion cum

deaerator tank. This tank shall be located outside the shed where the heater is installed.

(6) Every heater shall be provided with a Photo-resistor actuated audio-visual alarm to

indicate flame failure and automatic burner cut off.

(7) The stack temperature monitor-cum-controller with audio- visual alarm shall be provided

so as to warn the operator in case the outlet temperature exceeds the specified minimum.

(8) Where inspection doors are provided on the furnace they shall be interlocked with the

burner itself so that they cannot be opened until burner is shut off and furnace is cooled

sufficiently.

(9) All heaters shall also be provided with the following safety devices:-

(a) level control in the expansion tank;

(b) temperature control of thermic fluid;

52


Rules 59-60

(c) differential pressure switch on the outlet line of the heater tubes; and

(d) temperature control device for the fuel oil supply to the burner.

(10) All evices mentioned in sub-rule (9)shall have interlocking arrangement with burner so

that in case of any predetermined limits being crossed the supply of fuel and air to burner

shall automatically be cut-off.

(11) All safety interlocks when operated shall be indicated on the control panel of the heater

by a suitable audio visual alarm.

(12) Every heater unit shall be provided as a standard accessory an arrangement for sniffing

with low pressure steam or nitrogen for putting out the fire.

(13) Electric panel for the heater shall be located near the heater but not so close as to be

exposed to spilling or leaking oil.

(14) The heater shall be located in a place segregated from other manufacturing activities.

(15) Explosion vent shall be so installed that release takes place at safe location.

(16) The heater oil shall be subjected to pressure test by competent person once at least in

every 12 months. The test pressure shall not be less than twice the operating pressure.

(17) If repairs are carried out to the coil, it shall be tested before taking it into use.

(18) The thermic fluid shall conform to the specifications prescribed by the manufacturer and

shall be tested by competent person for suitability at least once in every three months

period. Such tests shall include test for acidity, suspended matter, ash contents, viscosity

and flash point.

(19) Cleaning of the internal surface of the heater or soot and check up of refractory surface on

the inside shall be carried out every month or as often as required depending upon

working conditions. The coils shall be removed and surface of the coils cleaned

thoroughly once at least in a period of six months. The burner, nozzles, oil filters and

pumps shall be cleaned once a week during the period of use.

(20) A separate register containing the following information shall be maintained,-

(a) weekly checks carried out confirming the effectiveness of the interlock;

(b) weekly checks confirming that all accessories are in good state of repairs; and

(c) information regarding fuel oil temperature, pressure, thermic fluid inlet/outlet

pressure and temperature, fuel gas temperature, recorded at 4 hourly interval.

(21) The heater when in operation shall always be kept in charge of a trained operator.

60. RECORD KEEPING & ANNUAL REVIEW.-Each factory shall maintain a record of field equipment failures and Failure Mode, Effect & Criticality Analysis in prescribed Forms 7 & 8 respectively. This data and analysis shall be used for preparation of preventive maintenance schedules and prevention of potential hazards. In addition, the factory shall conduct an annual review of unusual occurrences and accidents occurred and submit the report to the Competent Authority.

53


Rules 61-62

61. COLOUR CODING OF SERVICE LINES.-

(1) Pipelines for water, air, oil and gases shall be colour coded as per Indian Standard:

2379-1963 & Indian Standard: 5-1978.

(2) Electrical conduit panels shall be colour coded as per Indian Standard: 375-1951

& Indian Standard: 5-1978.

62. HAZARDOUS CHEMICALS.- The occupier of every factory involving hazardous

process shall fill the Form 9 entitled `Material Safety Data Sheet' and inform all

employees of the factory, and the Competent Authority about the hazards involved. The

Competent Authority may, on the basis of Material Safety Data Sheet mentioned above

direct the Manager in writing to supply the workers exposed to particular hazard any

necessary personal protective equipment conforming to relevant Indian Standards and

prescribe the information and manner in which this information is to be passed on to the

general public residing in the vicinity of the factory.

54


Rule 63

CHAPTER V

WELFARE

63. WASHING FACILITIES.-

(1) There shall be provided and maintained, in every factory for the use of employed persons

adequate and suitable facilities for washing which shall include soap and nail brushes or

other suitable means of cleaning and the facilities shall be conveniently accessible and

shall be kept in a clean and orderly condition.

(2) Without prejudice to the generality of the foregoing provisions, the washing facilities

shall include-

(a) a trough with taps or jets at intervals of not less than 60 cm.; or

(b) wash basins with taps attached there to;or

(c) taps on stand-pipes; or

(d) showers controlled by taps; or

(e) circular troughs of fountain type:

Provided that the Inspector may having regard to the needs and habits of the workers, fix the

proportion in which the aforementioned types of facilities shall be installed.

(3) (a) Every trough and basin shall have a smooth, impervious surface and shall be fitted with a

waste-pipe and plug.

(b) The floor or ground under and in the immediate vicinity of every trough, tap, jet, wash-

basin, stand-pipe, and shower shall be so laid or finished as to provide a smooth

impervious surface and shall be adequately drained.

(4) For persons whose work involves contact with any injurious or noxious substance there

shall be at least one tap for every fifteen persons, and for persons whose work does not

involve such contact the number of taps shall be as prescribed in the Schedule given

below.

SCHEDULE

---------------------------------------------------------------------------------------------------------------------------------------------

Number of workers Number of taps

(1) (2)

------------------------------------------------------------------------------------------------------------------------------------------

Up to 20 1

21 to 35 2

36 to 50 3

51 to 150 4

151 to 200 5

55


Rules 63-65

-----------------------------------------------------------------------------------------------------------

(1) (2)

----------------------------------------------------------------------------------------------------------

Exceeding 200 but not exceeding 500 5 plus one tap for every 50 or fraction

of 50

Exceeding 500 11 plus one tap for every 100 or

fraction there of 100

(5) If female workers are employed, separate washing facilities shall be provided and so

enclosed or screened that the interiors are not visible from any place where persons of

other sex work or pass. The entrance to such facilities shall bear conspicuous notice "For

Women Only" in the language understood by the majority of the workers and shall also be

indicated pictorially.

(6) The water supply to the washing facilities shall be capable of yielding at least 27 litres a

day for each person employed in the factory and shall be from a source approved in

writing by the Medical Officer if the source of supply is not the same as for drinking

water:

Provided that where the Competent Authority is satisfied that such an yield is not

practicable he may by certificate in writing permit the supply of a smaller quantity not

being less than 5 litres per day for every person employed in the factory.

64. FACILITIES FOR KEEPING CLOTHING.- All classes of factories mentioned in the

Schedule to this rule shall provide facilities for keeping clothing not worn during working

hours. Such facilities shall include the provision of arrangements approved by the

Competent Authority. The Competent Authority shall have powers to add other factories

under the Schedule given below:-

----------------------------------------------------------------------------------------------------------------------------

SCHEDULE

Chemical works.

Engineering workshops.

Glass works.

Automobile workshops.

Power Plants.

-------------------------------------------------------------------------------------------------------------------------

5. FIRST-AID AND FIRST-AID APPLIANCES.- The first-aid oxes or cupboards shall

be distinctively marked with a red cross on white background and shall contain the

following equipments, namely :-

(1) The manager of the factory shall lay down procedures for First-Aid and medical services

56


Rules -65

so that injured or ill person receives prompt attention or aid. The person here means, a

worker of the factory, contractor's labour or even a visitor.

(2) For factories in which the number of persons employed does not exceed ten, or in the case

of factories in which mechanical power is not used & the number of persons does not exceed fifty each

first-aid box or cupboard shall contain the following equipments, namely:-

(a) Six small size sterilised dressings.

(b) Three medium size sterilised dressings.

(c) Three large size sterilised dressings.

(d) Three large size sterilised burn dressings.

(e) One (60 ml) bottle of centrimide solution (1%) or a suitable antiseptic solution.

(f) One (60 ml) bottle of mercury chrome solution (2%) in water.

(g) One (30 ml) bottle containing sal-volatile having the dose and mode of

administration indicated on the label.

(h) One pair of scissors.

(i) One roll of adhesive plaster (2 cm X 1 m).

(j) Six pieces of sterilised eye pads in separate sealed packets.

(k) A bottle containing 100 tablets (each of 325 mg) of aspirin or any other analgesic.

(l) Polythene wash bottle (1/2 litre, i.e. 500 cc) for washing eyes.

(m) A snake-bite lancet.

(n) One (30 ml) bottle containing potassium permanganate crystals.

(o) One tourniquet.

(p) A supply of suitable splints, and

(q) One copy of First-Aid leaflet issued by the Competent Authority.

(3) For factories in which mechanical power is used and in which the number of persons

employed exceeds ten but does not exceed fifty, each first-aid box or cupboard shall

contain the following equipments, namely:-

(a) Double of the quantity as indicated in respect of items (a) to (g) of sub-rule (2)

above.

(b) Six (15 gms) packets of sterilized cotton wool.

(c) One pair of scissors.

57


Rule 65

(d) Two rolls of adhesive plaster (2 cm X 1 m).

(e) Eight pieces of sterilized eye pads in separate sealed packets.

(f) One tourniquet.

(g) A supply of suitable splints.

(h) One dozen safety pins.

(i) A bottle containing 100 tablets (each of 325 mg) of aspirin or any other analgesic.

(j) One polythene wash bottle (1/2 litre i.e., 500 cc) for washing eyes.

(k) A snake-bite lancet.

(l) One(30 ml) bottle containing potassium permanganate crystals.

(m) One copy of the first-aid leaflet issued by the Competent Authority.

(4) For factories employing more than fifty persons, each First-Aid box or cupboard shall

contain the following equipments, namely:-

(a) Double of the quantity as indicated in respect of items (a) to (e) of sub-rule (2)

above.

(b) One (200 ml) bottle of centrimide solution(1%) or a suitable antiseptic solution.

(c) One (200 ml) bottle of mercury chrome (2%) solution in water

(d) One (120 ml) bottle of sal-volatile having the dose and mode of administration

indicated on the label.

(e) One pair of scissors.

(f) One roll of adhesive plaster (6 cm X 1 m).

(g) Two rolls of adhesive plaster (2 cm X 1 m).

(h) Twelve pieces of sterilized eye pads in separate sealed packets.

(i) A bottle containing 100 tablets (each of 325 mg) of aspirin or any other analgesic.

(j) One polythene wash bottle (500 cc) for washing eyes.

(k) Twelve roller bandages 10 cm wide.

(l) Twelve roller bandages 5 cm wide.

(m) Six triangular bandages.

(n) One tourniquet.

(o) A supply of suitable splints.

58


Rule 65 -66

(p) Two packets of safety pins.

(q) Kidney tray.

(r) A snake-bite lancet.

(s) One(30 ml) bottle containing potassium permanganate crystals.

(t) One copy of first-aid leaflet issued by the Competent Authority:

Provided that items (j) to (q) inclusive, need not be included in the standard first-aid box or

cupboard where there is a properly equipped ambulance room, or if at least one box

containing such items placed and maintained in accordance with the requirements of

section 45 is separately provided:

Provided further that the medical officer of the factory may alter the type and quantity of

the contents at his discretion. The list of contents shall, however, be pasted inside the first

aid box.

(5) In lieu of the dressings required under items (a) and (b), these may be substituted by

adhesive wound dressings approved by the Competent Authority and other equipment or

medicines that may be considered essential and recommended by the Competent

Authority from time to time.

66. NOTICE REGARDING FIRST-AID.- A notice containing the names of the persons

working within the precincts of the factory who are trained in first-aid treatment and who

are in charge of the first-aid boxes or cupboards shall be posted in every factory at a

conspicuous place and near each such box or cupboard. The notice shall also indicate

workroom where the said person shall be available. The name of the nearest hospital and

its telephone number shall also be mentioned prominently in the said notice.

67. AMBULANCE ROOM.-

(1) Every ambulance room shall be under the charge of at least one whole-time qualified

medical practitioner (hereinafter referred to as medical officer) who shall be assisted by at

least one qualified nurse or dresser-cum-compounder and one nursing attendant in each

shift. The medical officer shall be readily available on call during working hours of the

factory:

Provided that where a factory works in more than one shift, the Competent Authority, if it is

satisfied that on account of the size of the factory, nature of hazards or frequency of

accidents, it is necessary to employ a whole time medical officer for each shift separately,

may, order so in writing.

(2) There shall be displayed in the ambulance room a notice giving the name, address and

telephone number of the medical practitioner in charge. The name of the nearest hospital

and its telephone number shall also be mentioned prominently in the said notice.

(3) No medical officer shall be required or permitted to do any work which is inconsistent

with or detrimental to his responsibilities under this rule.

59


Rule 67

(4) The ambulance room shall be separate from the rest of the factory and shall be used only

for the purpose of first-aid treatment and rest. It shall have a floor area of at least 24 sq.m.

and smooth, hard and impervious walls and floors, and shall be adequately ventilated and

lighted by both natural and artificial means. There shall be attached to it at least one

latrine & urinal of sanitary type. An adequate supply of wholesome drinking water shall

be laid on and the room shall contain at least the following, namely:-

(a) A glazed sink with hot and cold water always available.

(b) A table with a smooth top at least 180 cm X 105 cm.

(c) Means for sterilizing instruments.

(d) A couch.

(e) Two stretchers.

(f) Two buckets or containers with close fitting lids.

(g) Two rubber hot water bags.

(h) A kettle and spirit stove or other suitable means of boiling water.

(i) Twelve plain wooden splints 900 mm X 100 mm X 6 mm.

(j) Twelve plain wooden splints 350 mm X 75 mm X 6 mm.

(k) Six plain wooden splints 250 mm X 50 mm X 12 mm.

(l) Six woolen blankets.

(m) Three pairs of artery forceps.

(n) One bottle of spiritus ammoniac aromaticus (120 ml)

(o) Smelling salts (60 gm).

(p) Two medium size sponges.

(q) Six hand towels.

(r) Four "Kidney" trays.

(s) Four cakes of toilet, preferably antiseptic soap.

(t) Two glass tumblers and two wine glasses.

(u) Two clinical thermometers.

(v) Two tea spoons.

(w) Two graduated (120 ml) measuring glasses.

(x) Two minim measuring glasses.

(y) One wash bottle (1000 cc) for washing eyes.

60


Rule 67

(z) One bottle (one litre) carbolic lotion 1 in 20.

(aa) Three chairs.

(bb) One screen.

(cc) One electric hand torch.

(dd) Four first-aid boxes or cupboards stocked to standards prescribed under(c)of rule

59.

(ee) An adequate supply of anti-tetanus toxiod.

(ff) Injections - morphia, pethidrine, atropine, adrenaline, coramine, novocain (6

each).

(gg) Coramine liquid (60 ml).

(hh) Tablets -25 each of antihistaminic, antispasmodic.

(ii) Syringes with needles - 2 cc, 5 cc, 10 cc and 50 cc.

(jj) Three surgical scissors.

(kk) Two needle holders, big and small.

(ll) Suturing needles and materials.

(mm) Three dissecting forceps.

(nn) Three dressing forceps.

(oo) Three scalpels.

(pp) One stethoscope.

(qq) Rubber bandage - pressure bandage.

(rr) Oxygen cylinder with necessary attachments.

(5) The occupier of every factory to which these rules apply shall for the purpose of

removing serious cases of accidents or sickness, provide in the premises and maintain in

good condition a suitable conveyance unless he has made arrangements for obtaining

such a conveyance from a hospital.

(6) The Competent Authority may, by an order in writing exempt any factory from the

requirements of this rule, subject to such conditions as it may specify in that order, if a

hospital, ambulance room or dispensary is maintained at or within 200 m. of the precincts

of the factory and such arrangements are made as to ensure the immediate treatment of all

injuries sustained by workers within the factory and for providing rest to the workers so

injured.

Explanation:- For the purpose of this rule, "qualified medical practitioner" means a

person holding a qualification granted by an authority specified in the schedule to the

Indian Medical Degrees Act, 1916 (7 of 1916), or in the schedules to the Indian Medical

Council Act, 1956 (102 of 1956).

61


Rules -68

68. CANTEENS.-

(1) The occupier of every factory where in more than two hundred and fifty workers are

ordinarily employed shall provide in or near factory an adequate canteen according to

standard prescribed in these rules.

(2) The canteen building shall be situated not less than 15 meters from any boiler house, coal

stacks, ash dumps and any other source of dust, smoke or obnoxious fumes:

Provided that the Competent Authority may in any particular factory relax the provisions of

this sub-rule to such an extent as may be reasonable in the circumstances and may

require measures to be adopted to secure the essential purpose of this sub-rule.

(3) The canteen building shall be constructed in accordance with the plans and shall

accommodate at least a dining hall, kitchen, store room, pantry and washing places

separately for workers and for utensils.

(4) In a canteen the floor and inside walls up to a height of 1.2 metres from the floor shall be

made of smooth and impervious material; the remaining portion of the inside walls shall

be made smooth by cement plaster or in any other manner.

(5) The doors and windows of a canteen building shall be of flyproof construction and shall

allow adequate ventilation.

(6) The canteen shall be sufficiently lighted at all times when any persons have access to it.

(7) (a) In every canteen -

(i) all inside walls of rooms and all ceilings and passages and staircases shall

be limewashed or colourwashed at least once in each year or painted once in

three years dating from the period when last limewashed, colourwashed or

painted, as the case may be;

(ii) all wood work shall be varnished or painted once in three years dating

from the period when last varnished or painted; and

(iii) all internal structural iron or steel work shall be varnished or painted once

in three years dating from the period when last varnished or painted:

Provided that inside walls of the kitchen shall be limewashed once every four

months.

(b) Records of dates on which lime washing, colourwashing, varnishing or painting is

carried out shall be maintained in the prescribed register (Form 2).

(8) The precincts of the canteen shall be maintained in a clean and sanitary condition. Waste

water shall be carried away in suitable covered drains and shall not be allowed to

accumulate so as to cause a nuisance. Suitable arrangements shall be made for the

collection and disposal of garbage.

62


Rules 69-71

69. DINING HALL.-

(1) The dining hall shall accommodate at a time at least 30 per cent of the workers working at

a time and shall be provided with adequate numbers of tables and chairs or benches:

Provided that, in any particular factory or in any particular class of factories, the

Competent Authority may by a notification in this behalf alter the percentage of workers to

be accommodated.

(2) The floor area of the dining hall, excluding the area occupied by the service counter and

any furniture except tables and chairs, shall be not less than 1 sq.m per diner to be

accommodated as prescribed in sub-rule (1).

(3) A portion of the dining hall and service counter shall be partitioned off and reserved for

women workers in proportion to their number. Washing places for women shall be

separate and screened to secure privacy.

70. EQUIPMENT.-

(1) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture

and any other equipment necessary for the efficient running of the canteen. Suitable clean

clothes for the employees serving in the canteen shall also be provided and maintained.

(2) The furniture, utensils and other equipment shall be maintained in a clean and hygienic

condition. A service counter, if provided, shall have a top of smooth and impervious

material. Suitable facilities including an adequate supply of hot water shall be provided

for the cleaning of utensils and equipment.

71. ANNUAL MEDICAL EXAMINATION.-

(1) Annual medical examination for fitness of each member of the canteen staff who handles

foodstuffs shall be carried out by the factory medical officer or the Certifying Surgeon,

which should include the following, namely:-

(a) routine blood examination;

(b) routine and bacteriological testing, of faeces and urine for germs of dysentery and

typhoid fever; and

(c) any other examination including chest X-ray that may be considered necessary by

the factory medical officer or the Certifying Surgeon.

(2) Any person who in the opinion of the factory medical officer or the certifying surgeon is

unsuitable for employment on account of possible risk to the health of others, shall not be

employed as canteen staff.

63


Rule 72

72. SHELTERS, REST ROOMS AND LUNCH ROOMS.-

(1) The shelters, or rest rooms and lunch rooms shall conform to the following standards,

namely:-

(a) the building shall be soundly constructed and all the walls and roof shall be of

suitable heat resisting materials and shall be water-proof. The floor and walls to a

height of 90 cm. shall be so laid or finished as to provide a smooth, hard

impervious surface;

(b) the height of every room in the building shall be not less than 3.70 m from floor

level to the lowest part of the roof and there shall be at least 1.10 sq.m of floor

area for every person employed:

Provided that (i) workers who habitually go home for their meals during the rest

periods may be excluded in calculating the number of workers to be

accommodated, and (ii) in the case of factories in existence at the date of

commencement of the Act, where it is impracticable owing to lack of space to

provide 1.10 sq.m. of floor area for each person, such reduced floor area per

person shall be provided as may be approved in writing by the Competent

Authority;

(c) effective and suitable provision shall be made in every room for securing and

maintaining adequate ventilation by the circulation of fresh air and there shall also

be provided and maintained sufficient and suitable natural or artificial lighting;

(d) every room shall be adequately furnished with chairs or benches with back-rest;

and

(e) sweepers shall be employed whose primary duty it is to keep the rooms, building

and precincts thereof in a clean and tidy condition.

(f) suitable provision shall be made in every room for supply of drinking water and

facilities for washing.

(2) The lunch rooms shall -

(a) comply with the requirements laid down in clauses (a) to (f) of sub-rule (1), and

(b) be provided with adequate number of tables with impervious tops for the use of

workers for taking food:

Provided that the Competent Authority may exempt any factory from the

provisions of this rule subject to the provisions being complied by some other

means.

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Rules 73-74

73. CRECHES.-

(1) The creche shall be conveniently accessible to the mothers of the children accommodated

therein and so far as is reasonably practicable it shall not be situated in close proximity to

any part of the factory where obnoxious fumes, dust or odours are given off or in which

excessively noisy processes are carried on.

(2) The building in which the creche is situated shall be soundly constructed and all the walls

and roof shall be of suitable heat resisting materials and shall be water-proof. The floor

and internal walls of the creche shall be so laid or finished as to provide a smooth

impervious surface.

(3) The height of the rooms in the building shall be not less than 3.70 m from the floor to the

lowest part of the roof and there shall be not less than 2.00 sq.m of floor area for each

child to be accommodated.

(4) Effective and suitable provision shall be made in every part of the creche for securing and

maintaining adequate ventilation by the circulation of fresh air.

(5) The creche shall be adequately furnished and equipped and in particular there shall be one

suitable cot or cradle with the necessary bedding for each child (provided that for children

over two years of age it will be sufficient if suitable bedding is made available), at least

one chair or equivalent seating accommodation for the use of each mother while she is

feeding or attending to her child, and a sufficient supply of suitable toys for the older

children.

(6) A suitably fenced and shady open air playground shall be provided for the older children:

Provided that the Competent Authority may by order in writing exempt any factory from

compliance with this sub-rule if he is satisfied that there is not sufficient space available

for the provision of such a play-ground.

74. WASHROOM.-

(1) There shall be in or adjoining the creche a suitable washroom for the washing of the

children and their clothing. The washroom shall conform to the following standards,

namely:-

(a) the floor and internal walls of the room to a height of 90 cm. shall be so laid or

furnished as to provide a smooth impervious surface. The room shall be

adequately lighted and ventilated and the floor shall be effectively drained and

maintained in a clean and tidy condition;

(b) there shall be at least one basin or similar vessel for every four children

accommodated in a creche at any one time together with a supply of water

provided, if practicable, through taps from a source approved by the Health

Officer. Such source shall be capable of yielding for each child a supply of at least

23 litres of water a day; and

(c) an adequate supply of clean clothes, soap and clean towels shall be made available

for each child while it is in the creche.

65


Rules 74-77

(b) there shall be at least one basin or similar vessel for every four children

accommodated in a creche at any one time together with a supply of water

provided, if practicable, through taps from a source approved by the Health

Officer. Such source shall be capable of yielding for each child a supply of at least

23 litres of water a day; and

(c) an adequate supply of clean clothes, soap and clean towels shall be made available

for each child while it is in the creche.

(2) Adjoining the washroom referred to in sub-rule (1), a latrine shall be provided for the sole

use of the children in the creche. The design of latrine and the scale of accommodation to

be provided shall either be approved by the Public Health authorities or, where there is no

such Public Health authority, by the Competent Authority.

75. SUPPLY OF MILK AND REFRESHMENT.-At least a quarter litre of clean pure milk

shall be available for each child on every day if accommodated in the creche and the

mother of such a child shall be allowed in the course of her daily work, four intervals of

at least 15 minutes to feed the child. For children above two years of age there shall be

provided in addition an adequate supply of wholesome refreshment.

76. CRECHE STAFF.- For each creche there shall be appointed a woman in-charge and an

adequate number of female attendants to help the woman in-charge. No woman in-charge

shall be appointed under this rule unless she possesses the qualifications prescribed for a

midwife or produces a certificate that she has undergone training for a period of not less

than 18 months in a hospital, maternity home or nursing home approved in this behalf by

the Competent Authority or produces a certificate that she has received training for a pre-

primary teacher in an institution approved by the State Government. The creche staff shall

be provided with suitable clean clothes for use while on duty in the creche.

77. EXEMPTION FROM THE PROVISION OF CRECHE.-

(1) In factories where the number of married women or widows employed does not exceed

15 or where the factory works for less than 180 days in a calendar year, or where number of

children kept in the creche was less than 5 in the preceding year, the Competent

Authority may exempt such factories from the provisions of section 48 and the rules 73 to 76

made thereunder, if he is satisfied that alternate arrangements as stipulated under subrule (2)

are provided by the factory.

(2) (a) The alternate arrangements required in sub-rule (1) shall include a creche building

which has a minimum accommodation at the rate of 1.90 sq. m. per child and

constructed in accordance with the plans approved by the Competent Authority.

(b) The creche building shall have -

(i) a suitable washroom for washing of the children and their clothing;

(ii) adequate supply of soap and clean clothes and towels; and

(iii) adequate number of female attendants who are provided with suitable

clean clothes for use while on duty to look after the children in the creche.

(3) The exemption granted under sub-rule (1) may at any time be withdrawn by the

Competent Authority if it finds after such enquiry as he may deem fit, that the factory has

committed a breach of this rule.

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Rules -78

78. WELFARE OFFICER.-

(1) Number of Welfare Officers.-

(a) The occupier of every factory employing between five hundred(500) and two

thousand (2000) workers shall appoint at least one Welfare Officer, and where the

number of workers exceeds 2000, there shall be an additional Welfare Officer for

every additional 2000 workers or fraction thereof over 500. In a factory where

both men and women workers are employed, the number of women Welfare

Officers to be appointed shall be in proportion to the women workers employed

provided that where the number of women employed is more than 100 and the

total number of workers does not exceed 2500 an additional woman Welfare

Officer shall be appointed.

(b) Where there are more than one Welfare Officer appointed, one of them shall be

called the Chief Welfare Officer and the others Assistant Welfare Officers.

(2) Qualifications.- A person shall not be eligible for appointment as a Welfare Officer,

unless he -

(a) possesses a degree of a University recognised by the Government in this behalf;

(b) has obtained a degree or diploma in social science with specialization in industrial

relations from any institution recognised by the Government in this behalf; and

(c) has adequate knowledge of the language spoken by the majority of the workers in

the factory to which he is to be attached:

Provided that the Competent Authority, may by notification grant exemption from the

provisions of clause (b) in suitable cases till such time as qualified persons are

available:

Provided further that, in the case of a person who is acting as a Welfare Officer at the

commencement of these rules, the Competent Authority may, subject to such

conditions as it may specify, relax all or any of the aforesaid qualifications.

(3) Appointment of Welfare Officers.-

(a) The appointment of welfare officers shall be done as per the extant government

procedures.

(b) The appointment when made shall be notified by the occupier to the Competent

Authority or such authority as the Competent Authority may specify for the

purpose, giving full details of the qualifications, etc. of the officer appointed and

the conditions of his service.

(4) Conditions of service of Welfare Officers.-

(a) A Welfare Officer shall be given appropriate status corresponding to the status of

the other executive heads of the factory and he shall be started on a suitable scale

of pay equivalent to that of group B officer, the minimum of which shall not be

less than Rs.2000/- per month.

67


Rules -78

(b) The conditions of service of a Welfare Officer shall be the same as of other

members of the staff of corresponding status in the factory.

(5) Duties of Welfare Officer.- The duties of a Welfare Officer shall be -

(a) to establish contacts and hold consultations with a view to maintaining

harmonious relations between the factory management and workers;

(b) to bring to the notice of the factory management the grievances of workers,

individual as well as collective, with a view of securing their expeditious redress

and to act as a liaison officer between the management and labour;

(c) to study and understand the point of view of labour in order to help the factory

management to shape and formulate labour policies and to interpret these policies

to the workers in a language they can understand;

(d) to watch industrial relations with a view of using his influence in the event of a

dispute between the factory management and workers and to help to bring about a

settlement by persuasive effort;

(e) to advise on fulfillment by the management and the concerned departments of the

factory of obligations, statutory or otherwise, concerning regulation of working

hours, maternity benefit, medical care, compensation for injuries and sickness and

other welfare and social benefit measures;

(f) to advise and assist the management in the fulfillment of its obligations, statutory

or otherwise, concerning prevention of personal injuries and maintaining a safe

work environment, in such factories where a Safety Officer is not required to be

appointed under the enabling provisions under section 40 B;

(g) to promote relations between the concerned departments of the factory and

workers which will bring about productive efficiency as well as amelioration in

the working conditions and to help workers to adjust and adapt themselves to

these working environments;

(h) to encourage the formation of Works and Joint Production Committees, Co-

operative Societies and Welfare Committee, and to supervise their work;

(i) to encourage provision of amenities such as canteens, shelters for rest, creches,

adequate latrine facilities, drinking water, sickness and benevolent scheme

payments, pension and superannuation funds, gratuity payments, granting of loans

and legal advice to workers;

(j) to help the factory management in regulating the grant of leave with wages and

explain to the workers the provisions relating to leave with wages and other leave

privileges and to guide the workers in the matter of submission of application for

grant of leave for regulating authorised absence;

(k) to advise on provision of welfare facilities, such as housing facilities, foodstuffs,

social and recreational facilities, sanitation, advice on individual personnel

problems and education of children;

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Rules -78

(l) to advise the factory management on questions relating to training of new starters,

apprentices, workers on transfer and promotion, instructors and supervisors,

supervision and control of notice board and information bulletins to further

education of workers and to encourage their attendance at technical institutes; and

(m) to suggest measures which will serve to raise the standard of living of workers and

in general promote their well- being.

(6) Welfare Officers not to deal with disciplinary cases or appear on behalf of the

management against workers.- No Welfare Officer shall deal with any disciplinary cases

against workers or appear before a conciliation officer in a court or tribunal on behalf of

the factory management against a worker or workers.

(7) Powers of exemption.- The Competent Authority may, by notification exempt any factory

or class or description of factories from the operation of all or any of the provisions of

this chapter, subject to compliance with such alternative arrangements as may be

approved by such Competent Authority.

69


Rule 88 (Sch. -X)

SCHEDULE X

FINISHING BY ABRASIVES PROPELLED BY COMPRESSED AIR/STEAM

Cleaning or Smoothening, Roughening, etc., of Articles, by a Jet of Sand, Metal Shot, or Grit, or

other Abrasive Propelled by a Blast of Compressed Air or Steam:

1. Definition.- For the purposes of this Schedule

(a) "blasting" means cleaning, smoothening, roughening, or removing of any part of

the surface of any article by the use as an abrasive of a jet of sand, metal shot, or

grit or other material, propelled by a blast of compressed air or steam;

(b) "blasting enclosure" means a chamber, barrel, cabinet or any other enclosure

designed for the performance of blasting therein;

(c) "blasting chamber" means a blasting enclosure in which any person may enter at

any time in connection with any work or otherwise; and

(d) "cleaning of castings" where done as an incidental or supplemental process in

connection with the making of metal castings, means the freeing of the casting

from adherent sand or other substance and includes the removal of cores and the

general smoothening of a casting, but does not include the free treatment.

2. Prohibition of sand blasting.- Sand or any other substance containing free silica shall not

be introduced as an abrasive into any blasting apparatus and shall not be used for blasting:

Provided further that no woman shall be employed or permitted to work at any operation

of sand blasting.

3. Precautions in connection with blasting operations.-

(a) Blasting shall not be done except in a blasting enclosure and no work other than

blasting and any work immediately incidental thereto and clearing and repairing of

the enclosure including the plant and appliances situated therein, shall be

performed in a blasting enclosure. Every door, aperture and joint of blasting

enclosure, shall be kept closed and air-tight while blasting is being done therein.

(b) Blasting enclosure shall always be maintained in good condition and effective

measures shall be taken to prevent dust escaping from such enclosure, and from

apparatus connected therewith, into the air of any room.

(c) There shall be provided and maintained for and in connection with every blasting

enclosure, efficient apparatus for separating, so far as practicable, abrasive which

has been used for blasting and which is to be used again as an abrasive, from dust

or particles of other materials arising from blasting; and no such abrasive shall be

introduced into any blasting apparatus and used for blasting until it has been so

separated:

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Rule 88 (Sch. -X)

Provided that this clause shall not apply, except in the case of blasting chambers, to

blasting enclosures constructed or installed before the coming into force of this

schedule, if the Competent Authority is of opinion that it is not reasonably

practicable to provide such separating apparatus.

(d) There shall be provided and maintained in connection with every blasting

enclosure efficient ventilating plant to extract, by exhaust draught effected by

mechanical means, dust produced in the enclosure. The dust extracted and

removed shall be disposed of by such method and in such manner that it shall not

escape into the air of any room; and every other filtering or settling device situated

in a room in which persons are employed, other than persons attending to such

bag or other filtering or settling device, shall be completely separated from the

general air of that room in an enclosure ventilated to the open air.

(e) The ventilating plant provided for the purpose of sub-paragraph (d) shall be kept

in continuous operation whenever the blasting enclosure is in use whether or not

blasting is actually taking place therein, and in the case of a blasting chamber, it

shall be in operation even when any person is inside the chamber for the purpose

of cleaning.

4. Inspection and examination.-

(a) Every blasting enclosure shall be specially inspected by a competent person at

least once in every week in which it is used for blasting enclosure, the apparatus

connected therewith and the ventilating plant shall be thoroughly examined and in

the case of ventilating plant, tested by a competent person at least once in every

month.

(b) Particulars of the result of every such inspection, examination or test shall

forthwith be entered in a register which shall be kept in Form 10 and shall be

available for inspection by any workman employed in or in connection with

blasting in the factory. Any defect found on any such inspection, examination or

test this paragraph applies shall be deemed for the purposes of this Paragraph to

have been constructed, reconstructed or converted for use as such after the making

of this Schedule if the construction, reconstruction or conversion thereof was

begun after the making of this Schedule.

5. Provision of protective helmets, gauntlets and overalls.-

(a) There shall be provided and maintained for the use of all persons who are

employed in a blasting chamber, whether in blasting or in any work connected

therewith or in cleaning such a chamber, protective helmets of a type approved by a

certificate of the Competent Authority; and every such person shall wear the

helmet provided for this use whilst he is in the chamber and shall not remove it

until he is outside the chamber.

(b) Each protective helmet shall carry a distinguishing mark indicating the person by

whom it is intended to be used and no person shall be allowed or required to wear

a helmet not carrying his mark or a helmet which has been worn by another person

and has not since been thoroughly disinfected.

71


Rule 88(Sch.X)

(c) Each protective helmet when in use shall be supplied with clean and not

unreasonably cold air at a rate of not less than 170 litres per minute.

(d) Suitable gauntlets and overalls shall be provided for the use of all persons while

performing blasting or assisting at blasting, and every such person shall while so

engaged, wear the gauntlet and overall provided.

6. Precautions in connection with cleaning and other work -

(a) Where any person is engaged upon cleaning of any blasting apparatus or blasting

enclosure or of any apparatus or ventilating plant connected therewith or the

surroundings thereof or upon any other work in connection with any blasting

apparatus or blasting enclosure or with any apparatus or ventilating plant

connected therewith so that he is exposed to the risk of inhaling dust which has

arisen from blasting, all practicable measures shall be taken to prevent such

inhalation.

(b) In connection with any cleaning operation referred to in paragraph 5, and with the

removal of dust from filtering or settling devices all practicable measures shall be

taken to dispose of the dust in such a manner that it does not enter the air of any

room. Vacuum cleaners shall be provided and used wherever practicable for such

cleaning operations.

7. Storage accommodation for protective wear.- Adequate and suitable storage

accommodation for the helmets, gauntlets and overalls required to be provided by

paragraph 5 shall be proved outside and conveniently near to every blasting enclosure and

such accommodation shall be kept clean. Helmets and overalls when not in actual use

shall be kept in this accommodation.

8. Maintenance and cleaning of protective wear.- All helmets, gauntlets, overalls and other

protective devices or clothings provided and worn for the purposes of this schedule, shall

be kept in good condition and so far as is reasonably practicable shall be cleaned on every

weekday in which they are used. Where dust arising from the cleaning of such protective

clothing or devices is likely to be inhaled, all practicable measures shall be taken to

prevent such inhalation. Vacuum cleaners shall, wherever practicable, be used for

removing dust from such clothing and compressed air shall not be used for removing dust

from any clothing.

9. Maintenance of vacuum cleaning plant.- Vacuum cleaning plant used for the purpose of

this schedule shall be properly maintained.

10. Medical facilities and records of examinations and tests.-

(a) The occupier of every factory to which the Schedule applies, shall

(i) employ a qualified medical practitioner for medical surveillance of the

workers employed therein, and whose

72


Rule 88(Sch.X)

employment shall be subject to the approval of the Competent Authority;

and

(ii) provide to the said medical practitioner all the necessary facilities for the

purpose referred to in clause (i) above.

(b) The record of medical examinations and appropriate tests carried out by the said

medical practitioner shall be maintained in a separate register approved by the

Competent Authority which shall be kept readily available for inspection by the

Inspector.

11. Medical examination by Certifying Surgeon.-

(a) Every worker employed in any of the processes to which this schedule applies

shall be examined by a Certifying Surgeon within 15 days of his first employment.

Such examination shall include pulmonary function test and chest X-ray. No

worker shall be allowed to work after 15 days of his first employment in the

factory unless certified fit for such employment by the Certifying Surgeon.

(b) Every worker employed in the said processes shall be re-examined by a Certifying

Surgeon at least once in every 12 calendar months and such re-examination shall,

wherever the Certifying Surgeon considers appropriate, include pulmonary

function test and chest X-ray once in every three years.

(c) The Certifying Surgeon after examining a worker, shall issue a Certificate of

Fitness in Form 1 .The record of examination and re-examinations carried out

shall be entered in the Certificate and the Certificate shall be kept in the custody

of the manager of the factory. The record of each examination carried under sub-

paragraphs (a) and (b), including the nature and the results of the tests, shall also

be entered by the Certifying Surgeon in a health register in Form 1A.

(d) The Certificate of Fitness and the health register shall be kept readily available for

inspection by the Competent Authority.

(e) If at any time the Certifying Surgeon is of the opinion that a worker is no longer

fit for employment in the said processes on the ground that continuance therein

would involve special danger to the health of the worker, he shall make a record

of his findings in the said certificate and the health register. The entry of his

findings in those documents shall also include the period for which he considers

that the said person is unfit for work in the said processes. The person so

suspended from the process shall be provided with alternate placement facilities

unless he is fully incapacitated in the opinion of the Certifying Surgeon, in which

case the person affected shall be suitably rehabilitated.

(f) No person who has been found unfit to work in the said processes as said in sub-

paragraph (e) above shall be reemployed or permitted to work unless the

Certifying Surgeon, after further examination, again certifies him fit for

employment in those processes.

73


Rule 88( Sch. X)

12. Power to exempt or relax.-

(a) If the Competent Authority is satisfied that in any factory or any class of factories,

the use of sand or other substance containing free silica as an abrasive in blasting is

necessary for a particular manufacture or process (other than the process

incidental or supplemental to making of metal castings) and that the manufacture or

process cannot be carried on without the use of such abrasive or that owing to the

special conditions or special method of work or otherwise any requirement of this

schedule can be suspended either temporarily or permanently, or can be relaxed

without endangering the health of the persons employed or that application

of any of such requirements is for any reason impracticable or inappropriate,

it may, with the previous sanction of the Central Government, by an order in writing

exempt the said factory or class of factories from such provisions of this schedule,

to such an extent and subject to such conditions and for such period as may be

specified in the said order.

(b) Where an exemption has been granted under sub-paragraph (a), a copy of the

order shall be displayed at a notice board at a prominent place at the main

entrance or entrances to the factory and also at the place where the blasting is

carried on.

89. NOTIFICATION OF ACCIDENTS.-

(1) Where any accident specified in sub-para (a) of para 1 of the Schedule to this rule or any

occurrences specified in para 2 of the said schedule takes place in a factory, the Manager

of the factory, in which the accident occurred, shall within four hours of the happening of

such accident or occurrence, send notice there of in Form 11 by telephone, telex, telegram

or special messenger to the inspector and the Competent Authority and when the accident

is fatal or it is of such a nature that it is likely to prove fatal, notice as aforesaid shall also

be sent to-

(a) the District Magistrate or sub Divisional Magistrate;

(b) the Officer In Charge of the nearest Police Station;

(c) the Electrical Inspector (In case of electrical accident); and

(d) the relatives of the injured or deceased person.

(2) The notice so given shall be confirmed by the Manager of the factory to the above

mentioned authorities within 12 hours of the accident/occurrence by sending a written

report in Form 12 and in case of electrical accidents in Form 13 to the Electrical

Inspector.

(3) When any accident of a minor nature specified in sub-para (b) of the said para 1 of the

schedule takes place in a factory, the Manager of the factory shall within 24 hours after

the expiry of the period specified in the said sub-para (b) , send notice thereof in the Form

11 to the medical officer; & the Competent Authority.

74


Rule 89

(4) If, in case of an accident, the injured person subsequently dies due to such accident,

information of his death whenever known shall be sent by the Manager of the factory by

telephone, telex, telegram or special messenger within 24 hours of the occurrence to-

(a) the District Magistrate or Sub-Divisional Magistrate;

(b) the Officer In Charge of the nearest Police Station;

(c) the Competent Authority; and

(d) the Electrical Inspector (In case of Electrical accidents).

EXPLANATION: Accident of serious nature means an accident which results in either or

all of the following, namely:-

(i) Immediate loss of any part of the body or any limb or part there of;

(ii) Crushed or Serious injury to any part of the body due to which loss of the same is

obvious or any injury which is likely to prove fatal;

(iii) Unconsciousness;

(iv) Severe burns or scalds due to chemicals, steam or any other cause; and

(v) Any injury to man/animal due to electrical energy.

(5) The Manager of the factory shall lay down the procedures for investigation of all

accidents and occupational illnesses reported as per Forms 12 and 14.

SCHEDULE

1. (a) Accidents which cause death to any person or are of a serious nature.

(b) Accidents which cause such bodily injury as prevents or will probably prevent the

person injured from working for a period of 48 hours or more immediately

following the accident.

2. The following classes of occurrences, whether or not they are attended by personal injury

or disablement:-

(a) Bursting of a vessel used for containing steam under pressure greater than

atmospheric pressure, other than plant which comes within the scope of the Indian

Boilers Act.

(b) Collapse or failure of a crane, derrick, winch, hoist or other appliances used in

raising or lowering persons or goods or any part thereof, or the overturning of a

crane.

(c) Explosion, fire, bursting out, leakage or escape of any molten metal, or hot liquor

or gas causing bodily injury to any person or damage to any room or place in

which persons are employed.

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Rules 89(Sch.)-102

(d) Explosion of a receiver or container used for the storage at a pressure greater than

atmospheric pressure of any gas or gases(including air) or a liquid or solid

resulting from the compression of gas.

(e) Collapse or subsidence of any floor, gallery, roof, bridge, tunnel, chimney, wall or

building, forming part of a factory or within the compound or curtilage of factory.

3. Leakage or release of effluents to the outside environment above those specified by the

Department of Environment and Air and Water Pollution Control Boards.

90. NOTICE OF POISONING OR DISEASE. - A notice in Form 14 shall be sent with

in four hours to the Competent Authority by the manager of the factory in which

there occurs a case of poisoning or disease due to items mentioned in the Third

Schedule of section 45 of the Factories Act, 1948(63 of 1948).

98. REGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCES. - The

manager of every factory shall maintain a register of all accidents and dangerous

occurrences which occur in the factory. All these shall be investigated thoroughly

and causes established. Any deficiency found in respect of systems & practices shall

be corrected & report thereof shall be made available to the inspector & Competent

Authority.

99. MAINTENANCE OF INSPECTION BOOK.- The manager of every factory shall

maintain a register of inspection reports and shall produce it when so required by

the Competent Authority or Certifying Surgeon.

101. COMMUNICATION FACILITIES.- The Manager shall establish effective

communication facilities so that in the normal as well as in emergency conditions the

Shift-in-charge is able to contact without delay the factory manager, control room,

security, fire station, dispensary, workers and the outside agencies such as police,

fire brigade, hospital, district magistrate, civil defence post.

102. SPECIAL POWERS OF THE COMPETENT AUTHORITY.- The Competent

Authority shall have powers to notify specific safety procedures, guides, manuals to

enhance safety & health in any factory.

76


Form - 1

CERTIFICATE OF FITNESS TO WORK ON SPECIFIED JOB

(See rules 7(3), 32 Sch. III, 33, 55, 88)

1. Name of the Factory:

2. Name of the Person

(In Block letters) and Employee No.

Sex: M/F Date of birth:

3. Educational Qualifications:

4. Previous Experience :

Field of Experience :

5. Details of Medical Examination : Date

.1. Height............ .cm. .2. Weight... ......... ...kg.

.3. Hearing (Auditory Examination): Normal/Not normal*

.4. Eyesight : Normal/Normal with spects/Not normal*

: Colour blindness : Yes/No

.5. General Laboratory Investigations (Blood, urine, excreta, sputum etc.):

Normal/Not normal*

.6. Pulmonary function & Chest Examination : Normal/Not normal*

(including X ray examination)

.7. Nervous system: Normal/Not normal*

.8. Overall health assessment:

* Specify the condition & remedial measures.

77


( 2 )

6. I certify that I have personally examined Dr./Shri/Smt./Kum.. . .................................. . and

seen his/her other medical reports and my recommendations are recorded below.

7. Work with/in/at Recommendations

.1. Chemicals and hazardous materials Fit/Unfit

including prescribed materials

.2. Machines

.2.1 Cranes Fit/Unfit

.2.2 Locomotives Fit/Unfit

.2.3 Fork lifts Fit/Unfit

.3. Blasting by compressed air/steam Fit/Unfit

for cleaning of articles.

.4. Radioactive Area Fit/Unfit

.5. Any other work specified by the Fit/Unfit

Competent Authority...

Signature of Certifying Surgeon

Name ……………...

Date: Reg.No. ..

Note: Strike out whichever is not applicable.

Medical Examination Record

S.No. Date of Remarks

----- --------------------------------------------------- ----------------

Last Examination Next Examination

78


Form - 1A

HEALTH REGISTER OF WORKERS EMPLOYED ON SPECIFIED JOBS

( See rules 7(4), 88)

Name of the Factory:

S.No. Name Age Nature Date of If suspended from

of job work period of Yrs. Medica Employment in Learning or transfer suspension

l Exam. present work to other work

N.B. Against column Nature of job please write the applicable number as given below:

(1) Working with Chemicals & Hazardous materials.

(2) Working with-2.1 rotating machines; 2.2 lifting machines; 2.3 material handling equipment.

(3) Working with -3.1 electrical work-low & medium voltage; 3.2 electrical work-high voltage.

(4) At height.

(5) At blasting by compressed air/steam for cleaning of articles.

(6) Radioactive area.

Date of Signature with

resumption date of certifying

of duty surgeon

79


Form - 3

REPORT OF EXAMINATION OF HOISTS & LIFTS

(See Rule 34)

1. Name of the Factory :

2.1 Type of hoist or lift and identification No. or :

description

2.2 Date of construction/reconstruction :

3. Are all parts of the hoist or lift, of good mechanical

: construction, sound material and adequate strength

(so far as ascertainable)

4. Are the following parts of the hoist or lift properly :

maintained and in good working order? If not, state

what defects have been found.

.1. Enclosure of hoistway or liftway :

.2. Landing gates and cage gate(s) :

.3. Interlocks and the landing gates and cage :

gate(s)

.4. Other gate fastenings :

.5. Cage and platform and fittings, guides, :

buffers, interior of the hoistway or liftway.

.6. Overrunning devices :

.7. Suspension ropes or chain and their :

attachments.

.8. Safety gear i.e. arrangement for preventing :

fall of platform or cage brakes.

.9. Brakes :

.10. Worm or spur gearing :

.11. Other electrical equipment :

.12. Other parts :

5. What parts(if any) were inaccessible :

6. Repairs, renewals :

7. Maximum safe work load :

80


( 2 )

8. Is any of the lift made as per requirements of fire

lift & if so its location & identification No. :

9. Other particulars :

I/we certify that on (date) ... ............... .. I/we thoroughly examined this hoist or lift and that the

above is a correct report of the result.

Signature:

Date: Name :

81


Form - 4

REPORT OF EXAMINATION OF LIFTING MACHINES

Ropes & Lifting Tackles

( See rule 35(4))


2. Distinguishing number or mark (if any) and :

description sufficient to identify the lifting

machine, chains, rope or lifting tackle.

3. Date when lifting machine chain, rope or :

lifting tackle was first used in the factory.

4. Date and number of certificate of last :

examination made under section 29(1)a (iii)

and by whom it was carried out.

5. Date and number of certificate relating to any :

test & examination made, under rules 35.1 &

35.15 together with the name & address of

the certifying person.

6. Date & certificate of annealing or other heat :

treatment of the chain and lifting tackle

carried out as per rule 35.7 and by whom it

was carried out.

7. Particulars of any defect found at any such :

examination or after annealing and affecting

the safe working load and steps taken to

remedy such defect.

I/We certify that on ..... ...……...... I/We thoroughly examined the above mentioned lifting

machine/chain rope/lifting tackle and that the above is a correct report of the result.

Signature:

Date: Name:

82


Form - 7

ITEM FIELD PERFORMANCE REPORT

( See rule 60)


2. Item :

.1 Identification :

.2 Manufacturer :

.3 Number of items of the type :

.4 Date of manufacture :

.5 Date of modification/reconditioning :

.6 Date first placed in use :

.7 Cumulative operating time since :

above

.8 Date & place where used after 2.5 :

.9 Date/ cumulative operating time since :

above

.10 Cumulative time-Non use :

(Storage/Maintenance)

4. Operating environment :

.1 Temperature Range :

.2 Relative humidity range :

.3 Nature of atmosphere :

A.C./Clean/Dusty/Corrosive/...

.4 Vibration level :

5. Mode of operation :

Continuous/Intermittent/Standby/...

83


( 2 )

6. Item failure information

.1 Symptoms of failure

.2 Failure detected during Operation /

Periodic check / Preventive

maintenance

.3 Functions affected by failure

.4 Failure cause

Inherent/Misuse/ Maintenance induced/

External to item/ Secondary/Unknown

7. Item failure analysis and correction

.1 List of failed parts

.2 List of replaced parts

.3 Adjustments made

8. Total active downtime

9. Total downtime

10. Any other information

Date:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

Signature:

Name :

Designation:

84

Form - 8

FAILURE MODE, EFFECT & CRITICALITY ANALYSIS

[ F M E C A ]

( See rule 60)

Name of the Factory:

System : ...

Sub System: ... Page _________of _______

Code No. : ...

No. Part No. Part Failure Mode Detection Effect on System Remarks

Method Plant Name Function No. Description

1 2 3 4 5 6 7

Prepared By ... Checked By ... Approved By ...

85


Form - 11

PRELIMINARY REPORT OF ACCIDENT OR DANGEROUS OCCURRENCES

( See rules 89(1), 89(3))

1. Name of the Factory

2. Name of injured person & address

Official

Residential

3. a) Sex : M/F

c) Designation :

4. Date and hours of accident/dangerous

occurrence

5. Cause & Nature of accident/dangerous

occurrence

Date: Manager

Place:

1. District/Sub Divisional Magistrate

2. Officer in charge of nearest police station

3. Inspector concerned.

4. Competent Authority.

5. Relatives of the injured/deceased.

:

:

:

:

b) Age:

d) Pay:

:

:

Signature:

Name :

In case of fatal accident or if it is of such a

nature that it is likely to be

6. Electrical Inspector.[ In case of Electrical Accidents.]

86


Form -12

NOTICE OF ACCIDENTS OR DANGEROUS OCCURRENCE

( See rules 89(2), 89(5))


2. Branch or section & exact place where the :

accident or dangerous occurrence happened

3. Name of injured person :

Address Official :

Residential :

4. a) Sex : M/F b) Age :

c) Designation : d) Pay :

5. Date and hour of accident or dangerous :

occurrence

6. Hours at which he started work on the day of :

accident

7. a) Cause & nature of accident or dangerous :

occurrence

b) If caused by machinery :

i) Name of the machine and part causing :

the accident, &

ii) Whether it was moved by mechanical : Yes/No

power at that time

c) Exactly what injured person was doing at :

that time

8. Names & addresses of the witnesses to the : 1)

accident

: 2)

9. Nature & extent of Injury :

10. Period of disability :

87


( 2 )

11. If accident is not fatal, state whether injured : Yes/No

person is likely to be disabled for 48 hours

or more

12. Name of Medical Officer in attendance on :

injured person

I certify that to the best of my knowledge and belief that the above particulars are correct in every

respect.

Date: Manager Signature :

Place: Name :

Competent Authority.

88


Form - 13

FORM FOR REPORTING ELECTRICAL ACCIDENTS

( See rule 44-A of the Indian Electricity Rules,1956;

&

Atomic Energy (Factories)Rules, 1996; rule 89(2))

1. Date and time of accident

2. Place of accident and district

3. System & Voltage of supply

4. Name of the licensee or person/persons or

supplier or user of energy in whose premises

or jurisdiction the accident occurred

5. a) (i) Name of the person

(ii) Animal(please specify the name and

address of the owner)

b) Address of such/each person

6. Occupation and designation of such

person/persons (and in particular whether

employed in electrical works or elsewhere)

7. Brief description of the job undertaken, if any

8. Authority under which such person / persons

was / were allowed to work on the job. State

also whether he/they was/were authorised

person/persons

9. Describe fully nature and extent of injuries,

e.g. fatal, disablement of any portion of body

or other injury, etc.

10. Detailed causes leading to the accident

11. Action taken regarding first aid, medical

attendance, etc. immediately after the

occurrence of the accident.

12. Whether appropriate Govt. Dist. and police

station informed (if so, give the address).

:

:

:

:

:

:

:

:

:

:

:

:

:

:

89


(2)

13. Steps taken to preserve the evidence in

connection with the accident to the extent

possible.

14. Name and designation/s of the person/s

assisting the person/s killed or injured.

15. What safety equipment were given to and

used by the person/s who met with this

accident(e.g. rubber gloves, rubber mats,

safety belts and ladders, etc.).

16. Whether isolating switches and other

sectionalising devices were employed to

deaden the sections for working on the same,

if so, whether these were earthed.

17. Whether the work on live lines was

undertaken by an authorized person/s. If so,

the name and designation of such person/s

may be given.

18. Whether artificial resuscitation treatment was

given to the person who met with electric

accident. If yes, for how long was it

continued, before abandonment.

19. Steps proposed to be taken to avoid

recurrence

20. Names and designations of persons present at

the time of accident.

21. Any other remarks

Date: Manager

Time:

1. Electrical Inspector of the region.

2. Competent Authority.

:

:

:

:

:

:

:

:

:

Signature :

Name:

90


Form - 14

Notice of Poisoning or Disease

(See rules 89(5), 90)


2. Name and address of the undertaking in :

which the patient presumes that he was

exposed to the risk to which the poisoning or

disease is attributed.

3. Harmful agent or process :

4. Patient. Name :

Address :

5. 1. Sex : M/F 2. Age :

3. Designation: 4. Pay :

6. Precise occupation of the patient :

.1 at the place or last place of :

employment

.2 at the undertaking in which the patient :

presumes that he was exposed to the

risk.

7. Nature of poisoning or disease. :

8. Approximate dates of beginning & cessation :

of exposure of the patient to the harmful agent

or process mentioned in 3 above.

9. General particulars :

Manager, Signature:

Date: Name:

Competent Authority.

1


1. Definitions:

(a) "Work Place" means a place at which, on an average, twenty or more workers are employed.

(b) "Large work place" means a place at which, on an average 500 or more workers are employed.

2. First Aid :

At every workplace, there shall be maintained in a readily accessible place first aid appliances including an adequate supply of sterilized dressings and sterilized cotton wool as prescribed in the Factory Rules of the State in which the work is carried on. The appliances shall be kept in good order and in large work-places, they shall be placed under the charge of a responsible person who shall be readily available during working hours.

At large workplaces, where hospital facilities are not available within easy distance of the works First Aid Posts shall be established and be run by trained compounders.

Where large workplaces are remotely situated and far away from regular hospitals, an indoor ward shall be provided with one bed for every 260 employees.

Where large workplaces are situated in cities, towns or in their suburbs and no beds are considered necessary owing to proximity of city or town hospitals, suitable transport shall be provided to facilitate removal of urgent cases to these hospitals. At other workplaces, some conveyance facilities shall be kept readily available to take injured person or person suddenly taken seriously ill, to the nearest hospital.

At large workplaces these shall be provided and maintained an ambulance room of the prescribed sizes, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed. For the purpose the relevant provisions of the Factory Rules of the State Government of the area where the work is carried on may be taken as the prescribed standard.

2

3. Accommodation for Labour :

The Contractor shall during the progress of the works provide, erect and maintain necessary temporary living accommodation and ancillary facilities for labour at his own expense and to standards and scales as approved by the Engineer-in-Charge.

4. Drinking water :

In every workplace, there shall be provided and maintained at suitable places easily accessible to labour, a sufficient supply of cold water fit for drinking.

Where drinking water is obtained from an intermittent public water supply each workplace shall be provided with storage where drinking water shall be stored.

Every water supply storage shall be at a distance of not less than 15 meters from any latrine drain or other source of pollution. Where water has to be drawn from an existing well, which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn from it for drinking. All such wells shall be entirely closed in and be provided with a trap door which shall be dust and water-proof.

A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and opened only for cleaning or inspection which shall be done at least once a month.

5. Washing and Bathing Places :

Adequate washing and bathing places shall be provided separately for man women. Such places shall be kept in clean and drained condition.

6. Scale of Accommodation in Latrines and Urinals :

There shall be provided within the precincts of every workplace latrines and urinals in an accessible place, and the accommodation, separately for each of these, shall not be less than at the following scales:-

No. of Seats (a) Where number of persons does not exceed 50 2

(b) Where number of persons exceeds 50 but does not exceed 100 3

3

(c) For additional persons per 100 or part thereof 3

In particular cases, the Engineer-in-Charge shall have the power to increase the requirement, where necessary.

7. Latrines and Urinals :

Except in workplaces provided with water flushed latrines connected with a water-borne sewage system. All latrines shall be provided with receptacles or dry-earth system which shall be cleaned at least four times daily and at least twice during working hours and kept in a strictly sanitary condition. Receptacles shall be tarred inside and outside at least once a year. If women are employed, separate latrine and urinals screened from those for men and marked in the vernacular in conspicuous letters "For Women Only" shall be provided on the scale laid down in rule 6. Those for men shall be similarly marked "For Men Only". A poster showing the figure of a man and of a woman shall also be exhibited at the entrance to latrines for each sex. There shall be adequate supply of water close to latrines and urinals.

8. Construction of Latrines:

Inside walls shall be constructed of masonry or some suitable heat resisting nonabsorbent materials and shall be cement washed inside and outside at least once a year. The dates of cement washing shall be noted in a register maintained for the purpose and kept available for inspection. Latrines shall have at least thatched roof.

9. Disposal of Excreta :

Unless otherwise arranged for by the local-sanitary authority, arrangements for proper disposal of excreta by incineration at the workplace shall be made by means of a suitable incinerator approved by the local medical health and municipal or cantonment authorities. Alternatively excreta may be disposed off by putting a layer of night soils at the Bottom of pucca tank prepared for the purpose and covering it with a 15 cm layer of waste or refuse and then covering it with a layer of earth for a fortnight(when it will turn into manure).

The Contractor shall, at his own expense, carry out all instructions issued to him by the Engineer-in-charge to effect proper disposal of soil and other conservancy work in respect of Contractor`s work people or employees on the Site. The Contractor shall be responsible for payment of any charges

4

which may be levied by municipal or cantonment authority for execution of such work on his behalf.

10. Provision of shelters during rest :

At every work place there shall be provided free of cost, four suitable sheds, two for meals and two others for rest, separately for use of men and women Labour. Height of each shelter shall not be less than 3 meters from floor level to lowest part of roof. Sheds shall be kept clean and the space provided shall be on the basis of at least 0.5 sq.m. per head.

11. Crèches :

At a place at which 20 or more women workers are ordinarily employed, there shall be provided at least one hut for use of children under the age of 6 years belonging to such women, Huts shall not be constructed to a standard lower than that of thatched roof, mud floor and wall with wooden plants spread over mud floor and covered with matting.

Huts shall provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweepers to keep the places clean. There shall be two dais in attendance. Sanitary utensils shall be provided to the satisfaction of local medical health and municipal or cantonment authorities. Use of huts shall be restricted to children their attendance and mothers of children.

Where the number of women workers is more than 25 but less than 50, the Contractor shall provide at least one hut and one dai to look after children of women workers.

Size of creche (s) shall vary according to the number of women workers employed.

Creche (s) shall be properly maintained and necessary equipment like toys etc., provided.

12. Canteen :

A cooked food canteen on a moderate scale shall be provided for the benefit of workers wherever it is considered necessary.

5

13. Planning :

Setting and erection of the above mentioned structures shall be approved by the Engineer-in-Charge, and the whole of such temporary accommodation shall at all times during the progress of the works be kept tidy and in a clean and sanitary condition to the satisfaction of the Engineer-in-Charge and at the Contractor`s expenses. The Contractor shall conform generally to sanitary requirements of local medical, health and municipal or cantonment authorities and at all times adopt such precautions as may be necessary to prevent soil pollution of the Site.

On completion of the Works the whole of such temporary structures shall be cleared away, all rubbish burnt, excreta or other disposal pits or trenches filled in and effectively sealed off and the whole of site left clean and tidy to the entire satisfaction of the Engineer-in-Charge and at the Contractor`s expenses.

14. Anti-malarial precautions :

The Contractor shall, at his own expense, conform to all anti-malarial instructions given to him by the Engineer-in-Charge, including filling up any borrow pits which may have been dug by him.

15. Enforcement :

The Inspecting Officer mentioned in the Contractors Labour Regulations or any other officer nominated in his behalf by the Engineer-in-Charge shall report to the Engineer-in-Charge all cases of failure on the part of the Contractor and or his subcontractors to comply with the provisions of these Rules either wholly or in part and the Engineer-in-Charge shall impose such fines and other penalties as are prescribed in the conditions.

16. Interpretations etc. : On any question as to the application, interpretation or effect of these Rules, the decision of the Chief Labour Commissioner or Deputy Chief Labour Commissioner(Central) shall be final and binding.

17. Amendments :

Government may, from time to time add to or amend these Rules and issue such directions as it may consider necessary for the proper implementation of these Rules or for the purpose of removing any difficulty which may arise in the administration thereof.

________________________________________________________________________

e- EPC-04

(Global Tender with NPCIL Engineered Systems)


SECTION-B

CONDITIONS OF CONTRACT Consists of:

B-2: SPECIAL CONDITIONS OF CONTRACT (SCC)

NUCLEAR POWER CORPORATION OF INDIA LIMITED (A Govt. of India Enterprises)

EPC PACKAGE FOR RELIABLE ELECTRICAL POWER SUPPLY AT TARAPUR MAHARASHTRA SITE

Section -B

Page 1 of 24

TENDER NO. CMM/MEQ/20-50-2-1153 : SPECIAL CONDITIONS OF CONTRACT (SCC)

SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement/ amend General Conditions of Contract (GCC) – Form No. GCC/EPC-4/Rev.3 and Invitation to tender and Tendering Conditions (ITT). Wherever there is a conflict between the two, the provisions in SCC shall prevail over those in the GCC/ITT.

SCC Clause

No.

ITT/GCC Clause

Ref.

Clause Description/

Content Special Conditions of Contract

1. ITT cl. 9.0 Taxes and Duties

1.0 Taxes and Duties: 1.1 Indirect Taxes and Duties

1.1.1. The Bid prices shall be inclusive of Goods and

Services Tax (GST) and any other Indian Indirect Taxes payable in India for the final product / services.

1.1.2. The Contractor shall bear all non-Indian taxes, duties, levies etc. payable up to FOB in respect of sourcing items from abroad.

1.1.3. Contractor shall be responsible for payment of all Indian Taxes, Duties including IGST on imports and all other statutory levies as applicable in connection with supply of the Stores. The DAP - Delivered at Place price as per Incoterms 2010 shall be inclusive of all Taxes, Duties and other Statutory levies payable under the law of the Land. The Contractor shall however take into account Fiscal Concessions available to the subject contract as detailed in the below mentioned paras and pass on the benefit to the Purchaser. GST and all other indirect taxes, duties are also not reimbursable separately on Price Adjustment for price portion, as base price is inclusive of all Taxes and Duties as applicable.

1.1.4. In case of increase in existing taxes/ duties and/or introduction of any other indirect taxes / cess, if levied by Government during the contractual delivery period, the incremental rate of existing taxes/levies and/or any other new indirect taxes/cess, shall be reimbursed / paid by the Purchaser upon verification of the documentary evidences submitted and its acceptance by the purchaser. This provision shall not apply to



Section -B

Page 2 of 24


SCC

Clause No.

ITT/GCC Clause

Ref.

Clause Description/


changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes.

1.1.5. For extension in the contractual delivery period for the reasons attributable to the Purchaser and/or Force Majeure, increase in existing taxes & duties, if any, and new tax component introduced in the extended period shall be reimbursed to the Contractor subject to the submissions of necessary documentary evidence. No increase / new tax shall be payable during the delay period due to reasons attributable to the Contractor.

1.1.6. GST on Liquidated Damages (LD), as applicable, shall be to the account of the Contractor and shall be recovered from payments due to the Contractor.

1.1.7. The bidders are required to examine the provisions of The Central Goods and Services Tax Act 2017(CGST), The Integrated Goods and Services Tax Act 2017(IGST), The relevant SGST act of the State Government, The Union Territories Goods and Services Tax Act 2017(UTGST) and The Goods and Services Compensation to States Tax Act 2017 and their Rules as being enacted and amended from time to time. The bidders are required to take into account all input tax credits and the exemptions available therein while furnishing their bids.

1.1.8. However if there is an upward revision in the rate of GST within CDD due to change in classification, such upward revision shall not be entertained as per clause no. 1.1.4 and the payment shall be restricted to quoted rate of GST.

1.1.9. Towards invoicing for the GST, Bidders are required to take note of the following & comply accordingly.



Section -B

Page 3 of 24


SCC

Clause No.

ITT/GCC Clause

Ref.

Clause Description/


1.1.10. Bidders are required to provide their GST Registration numbers, the HSN code of the goods/SA Code for services and the applicable rate of GST as in the Commercial Terms and Conditions of the e-bid submitted in Part-I (Technical and Commercial e-bid except price).

1.1.11. While claiming the GST the Tenderers are required to adhere to the provisions available therein. The Contractors are required to populate the details of GST paid by them in the GST portal, only upon which reimbursement of GST would be considered.

1.1.12. Please note that in case any refund/credit to GST if granted to Tenderers by GST Authorities in respect of stores supplied under the contract, Tenderers will pass on the credit to the Purchaser immediately along with a certificate from bidder’s Director/Manager/Proprietor/ Accountant that the credit so passed on relates to the GST originally paid for the stores supplied under the contract.

1.1.13. When GST is claimed by the Contractor / supplier in general the certificate as per Annexure F should be submitted to the paying authority with their invoices.

1.1.14. GST as applicable or quoted, whichever is lower will be reimbursed by Purchaser limiting to the rate prevailing within the contractual delivery schedule.

1.2 Direct Tax: - Tax Deduction at Source

1.2.1 The Purchaser shall have the right to withhold taxes on

income, excess profits, royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the



Section -B

Page 4 of 24


SCC

Clause No.

ITT/GCC Clause

Ref.

Clause Description/


government of India or any relevant authority thereof or by the government of any other country, and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld.

1.2.2 The Purchaser shall, at the time of its payments due to

the Contractor, withhold the necessary taxes at such rate as is required by any Government Authority, unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate.

1.2.3 The Purchaser shall provide the necessary withholding

tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes.

1.2.4 All taxes levied on Contractor’s corporate income or

profits shall be for the account of Contractor and shall not be reimbursed by the Purchaser. Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere.

1.3. Indirect Tax-Tax deduction at source

1.3.1 The Purchaser shall, at the time of its payments due to

the Contractor, withhold the necessary tax at source at such rate if required under the legislation unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government



Section -B

Page 5 of 24


SCC

Clause No.

ITT/GCC Clause

Ref.

Clause Description/


Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate.

1.3.2 In case of such deductions as mentioned above, the

Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes.

1.4. Fiscal Concessions for Nuclear Power Projects (NPPs)

- NOT APPLICABLE 1.4.1 Nuclear Power Project of capacity 440 MW or more

have been notified by GOI for eligibility towards fiscal concessions. As such the goods required for setting up these projects are subject to ‘NIL’ Customs duty as per the extant policy of Government of India (vide Customs Notification No. 50/2017 dated 30-62017 at Sr. No. 602). In consideration of the aforesaid Fiscal Benefits, no customs duty on goods shall, therefore, be payable/ reimbursable by the Purchaser to the Contractor. Similarly, as per the paragraph 7.02 (h) of Foreign Trade Policy 2015-2020 of Government of India, Domestic Contractors supplying goods for these projects under the procedures of National competitive bidding or International Competitive bidding shall be eligible for benefits of ‘Deemed Export’ under paragraph 7.03 (a) relating to advance authorisation and 7.03 (b) relating to deemed export draw back of the Policy and paragraphs 7.02(d), 7.03(g) and 7.05(b) of Hand Book of Procedures issued by the Director General of Foreign Trade, Department of Commerce, Ministry of Commerce and Industry, Government of India (DGFT Trade Notice Number – 11/2018 dated 30.06.2017). In consideration of the aforesaid Fiscal Benefits, no customs duty on goods shall, therefore, be payable/



Section -B

Page 6 of 24


SCC

Clause No.

ITT/GCC Clause

Ref.

Clause Description/


reimbursable by the Purchaser to the Contractor.

1.4.2 The bidders are solely responsible for adherence and compliance with the necessary processes, procedures and documentation as may be stipulated by the concerned Statutory Authorities connected in respect of availing such fiscal benefits. The Purchaser, shall, however, make available only the requisite documents or certifications as per the extant rules and procedures for availing the above exemptions/concessions by the Contractor.

1.4.3 In the event of subsequent denial of the above benefits

prevailing as on the last date of submission of the bid, by the designated authorities to the Contractor, either on the basis of interpretation of the provisions of such benefits or due to change in law, such indirect taxes will be reimbursable by the Purchaser at actual rates for the supplies made within the Contractual Delivery Dates or extended Contractual Delivery Dates due to reasons attributable to the Purchaser/Force Majeure. And for the supplies that are made beyond the Contractual Delivery Date due to reasons attributable to Contractor, the reimbursement of taxes shall be made by the Purchaser limiting to the rates prevailing on the Contractual Delivery Date.

2 GCC Cl. No 5.2

5.2 Price Basis

5.2 Price Basis The Contract prices of all supply items and spares covered under this tender shall be furnished on DAP - Delivered at Place basis to the Purchaser’s site as under: 5.2.1 Price break-ups of indigenous supply items and spares

shall be indicated as follows: i) DAP - Delivered at Place price as per Incoterms 2010, including but not limited to CIF value of imported raw material / component required for indigenous manufacture.



Section -B

Page 7 of 24


SCC

Clause No.

ITT/GCC Clause

Ref.

Clause Description/


The prices of indigenous supply items and spares shall be inclusive of GST and all other indirect taxes and duties. All input tax credit benefits available to Indian manufacturers / dealers / contractors, etc, shall, however, be taken into consideration in quoted prices and the Bidder shall pass on the benefits to the Purchaser. All Input Tax Credit benefits (ITC) available to Indian manufacturers / dealers / contractors, etc, shall, be set off against the GST payable on the final product/services and the Contractor shall not load such ITC in the quoted price. CIF value of the imported raw materials/ components included in the DAP prices of indigenously manufactured items shall be shown separately for the purposes of 15% price preference loading vis-à-vis domestically manufactured goods for availing Deemed Export benefits, if any.

5.2.2 Price break-ups of imported items and spares delivered

directly to the Site from Indian port of entry shall be indicated as follows: i) FOB prices, ii) Ocean/Air freight & Marine insurance,

iii) Port handling/clearance, inland transportation and inland transit insurance.

FOB prices shall be inclusive of all taxes, duties, levies, inland transportation up to the port of shipment and export licensing charges. Other than FOB prices, remaining price elements shall be inclusive of taxes and duties applicable in India. Further IGST applicable on Imported finished goods shall also be indicated separately to be paid by contractor for reimbursement by NPCIL.

5.2.3 The prices of Commissioning/Start-up spares shall be

included in the basic prices of the main equipment and these spares are to be essentially dispatched with the respective main equipment only. In case of shortage of



Section -B

Page 8 of 24


SCC

Clause No.

ITT/GCC Clause

Ref.

Clause Description/


the Commissioning/Start-up spares during the actual erection and commissioning of the main equipment, additional Commissioning/Start-up spares shall be brought in by the contractor at his own cost and no customs duty / deemed export benefits for such additional Commissioning/ Start-up spares shall be available.

5.2.4 The prices for erection and commissioning shall be inclusive of GST and all other indirect taxes and duties. All input tax credit benefits available to Indian manufacturers / dealers / contractors, etc, shall, however, be taken into consideration in quoted prices and the Bidder shall pass on the benefits to the Purchaser. All Input Tax Credit benefits (ITC) available to Indian manufacturers / dealers / contractors, etc, shall, be set off against the GST payable on the final product/services and the Contractor shall not load such ITC in the quoted price. Income tax will be deducted at source as required under the provisions of the Income Tax Act of Government of India and TDS Certificate will be issued.

5.2.5 The prices for Civil Works shall be inclusive of GST and all other indirect taxes and duties payable under the law of the Land. The Contractor shall however take into account Fiscal Concessions available to the subject contract (refer Clause no. 1 of SCC) and pass on the benefit to the Purchaser. GST and all other indirect taxes and duties are also not reimbursable separately on Price Adjustment for civil works price portion as base price is deemed to include GST and all other indirect taxes and duties as applicable.

All input tax credit benefits available to Indian manufacturers / dealers / contractors, etc, shall, however, be taken into consideration in quoted prices and the Bidder shall pass on the benefits to the Purchaser. All Input Tax Credit benefits (ITC) available to Indian



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manufacturers / dealers / contractors, etc, shall, be set off against the GST payable on the final product/services and the Contractor shall not load such ITC in the quoted price.

3 GCC Cl. No. 5.3

5.3 (b) Currency of Payment

b) For Supply of equipment, spares and other materials from indigenous sources, DAP - Delivered at Place price as per Incoterms 2010 of such items inclusive of CIF value of imported raw material / component, shall be in Indian Rupees (INR).

4 GCC Cl. No. 5.4

5.4.3(a) Price adjustment.

5.4.3 Basic Price (inclusive of P & F Charges) of indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser. The price adjustment will be allowed up-to a ceiling of +/- twenty percent (20%) of the total Basic Price (inclusive of P & F Charges) component in INR. Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in INR does not exceed this 20% ceiling and shall be payable/ recoverable accordingly.

5 GCC Cl. No. 5.5

5.5 Price Adjustment Formula for Supply Portion

The word ex-works is replaced by Basic Price (inclusive of P & F Charges).

6 GCC Clause

No. 5.5.6

Price Adjustment

In case of dispatches which are delayed beyond the Contractual Milestone date of dispatch (as given in the Contract) for reasons attributable to the Purchaser, the price adjustment provisions shall continue to be applicable for an additional period equal to delay caused by the Purchaser, subject to GCC sub-clause 5.4.1, 5.4.2 & 5.4.3. This shall, however not deemed to be automatic extension of Contractual Milestone date of dispatch. In case of dispatches which are delayed beyond the Contractual Milestone date of dispatch (as given in Contract) for reasons attributable to the Contractor or Force Majeure events, the provision of Price Adjustment shall be as per PO terms, regulated on the basis of indices as applicable as per PO terms on the original milestone date of dispatch or the



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indices as applicable as per PO terms on actual delivery date, whichever are lower. In case dispatches are delayed beyond the Contractual Milestone date of dispatch (as given in the Contract). and the total delayed period can be apportioned between delays due to the Purchaser, the Contractor and / or Force Majeure events, Price adjustments for the period of delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened first, immediately after Contractual Milestone date of dispatch, irrespective of actual point in time in which such delay by Purchaser occurs.

7 GCC Cl. No.5.6, Sub clause no. – 5.6.1

Price Adjustment formula for Erection & commissioning - Indian currency portion of Erection & commissioning services

1. Source of Indices for Indian Field Labour (F) applicable for this tender shall be Minimum wages of a skilled labour published by Tarapur Maharashtra site. 2. Note: subscript ‘0’ will be as prevailing on seventh day prior to the due date of submission of bid both Part - I (Technical & Commercial except Price) and Part – II (Price Bid).

8 GCC Cl. No. 5.7.1

5.7.1 The word ex-works is replaced by Basic Price (inclusive of P & F Charges).

9 GCC Cl. No. 5.9

Terms of Payment

5.9 Terms of payment 5.9.1 Items & Materials (excluding spares) supplied from

abroad and delivered to the project site directly from Indian Port of Entry:

For FOB price component of Items & Materials: a) 10% as advance equivalent bank guarantee, performance security bond and unconditional order acceptance. b) 60% on FOB shipment on pro-rata basis against Bill of Lading/Airway Bill, Shipping release and other import documents.



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c) 20% on FOB along with 100 % IGST & with 100% of Price Adjustment if any, on receipt of items at site on pro-rata basis against physical verification and certification. d) 7.5% on FOB on handing over of the facilities to the Purchaser and issue and acceptance of Operational Acceptance certificate as per the format in Annexure-J by the Purchaser for each Reactor Unit. e) 2.5% on FOB will be released on completion of Material Accounting. In the event of delay in attaining the events pertaining to GCC sub-clause 5.9.1 (d) and (e) above for reasons attributable to the Purchaser, the corresponding payments can be released to the Contractor on expiry of Original CDD against Retention Bank Guarantee as per format given in Annexure-C, initially valid for 6 months and subsequently extendable till completion of the Supply of all the Items. In addition to be encashable for failure of the Contractor to fulfil his Contractual obligations covered by the Retention bank Guarantee, this Bank Guarantee shall also be encashable for the purpose of recovery of LD along with applicable GST, if any, pursuant to GCC clause no. 6.2 (Delay in Supply). 5.9.2 Ocean/Air Freight and Marine Insurance charges:

100% of ocean /Air Freight and Marine Insurance charges along with applicable GST thereon on pro-rata basis against receipt of items at site.

5.9.3 Local transportation and other services: 100% of local transportation and other services like port

clearance, port charges and Transit Insurance charges etc. along with applicable GST thereon on pro-rata basis, will be paid against receipt of items at site.

5.9.4 Items & Materials (excluding spares) supplied from

indigenous sources: a) 10% of Basic Price (inclusive of P & F Charges) as advance against equivalent bank guarantee, performance security bond and unconditional order acceptance.



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b) 60% of Basic Price (inclusive of P & F Charges) alongwith 100% of Taxes & Duties as applicable, on pro-rata basis, upon dispatch to site against dispatch documents with original shipping release. c) 20% of Basic Price (inclusive of P & F Charges) along with 100% of Freight & Insurance charges, 100% Price Adjustment if any, on receipt of items at site on pro-rata basis against physical verification and certification. d) 7.5% of Basic Price (inclusive of P & F Charges) price on handing over of the facilities to the Purchaser and issue and acceptance of Operational Acceptance certificate as per the format in Annexure-J by the Purchaser for each Reactor Unit. e) 2.5% of Basic Price (inclusive of P & F Charges) will be released on completion of Material Accounting. In the event of delay in attaining the events pertaining to GCC sub-clause 5.9.4 (d) and (e) above for reasons attributable to the Purchaser, the corresponding payments can be released to the Contractor on expiry of Original CDD against Retention Bank Guarantee as per format given in Annexure-C, initially valid for 6 months and subsequently extendable till completion of the Supply of all the Items. In addition to be encashable for failure of the Contractor to fulfil his Contractual obligations covered by the Retention Bank Guarantee, this Bank Guarantee shall also be encashable for the purpose of recovery of LD along with applicable GST, if any, pursuant to GCC clause no. 6.2 (Delay in Supply). 5.9.5 Testing/ Analysis Charges:

100% of Testing/ Analysis charges along with taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding Testing/Analysis, submission of report thereof and acceptance of the same by the Purchaser.



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Clause Description/


5.9.6 Mandatory/ Recommended Spares and Special Tools & Tackles : (a) 75% of FOB prices (for imported items) / Basic Price (inclusive of P & F Charges) (for indigenous items) alongwith 100% taxes and duties as applicable, on pro-rata basis upon dispatch of all spares of respective subsystems/systems/equipments to site against Bill of Lading, shipping/dispatch documents and shipping release etc. (b) 25% of FOB (for imported items) (along with Ocean/Air Freight, Marine Insurance, Local Transportation, Port Clearance, Port handling, Transit Insurance and applicable IGST, etc.)/ Basic Price (inclusive of P & F Charges) (for indigenous items) alongwith 100% Freight & Insurance charges, on pro-rata basis upon receipt and acceptance at site of respective subsystems/systems/equipments. 5.9.7 Erection and Commissioning: a) 10% as advance upon site mobilization, including applicable taxes and duties against submission of equivalent bank guarantee and performance security bond. b) 68% including applicable taxes and duties & 100% of price adjustment if any, on pro-rata basis against satisfactory completion of identified milestone and/or approved Billing Schedule for completion of erection services. c) 2% on pro-rata basis including applicable taxes and duties subject to recovery as per Annexure-1 of “Contract Conditions for Industrial Safety” appended to GCC, against completion of identified mile-stones. d) 15% including applicable taxes and duties on handing over of the facilities to the Purchaser and issue and acceptance of Operational Acceptance certificate as per the format in Annexure-J by the Purchaser for each Reactor Unit. e) 5% including applicable taxes and duties will be released on completion of Material Accounting.



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Clause No.

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Ref.

Clause Description/


In the event of delay in attaining the events pertaining to GCC sub-clause no. 5.9.7 (d) and (e) above for reasons attributable to the Purchaser, the corresponding payments can be released to the Contractor on expiry of Original CDD against Retention Bank Guarantee as per format given in Annexure-C, initially valid for 6 months and subsequently extendable till completion of all the Erection & Commissioning Works. In addition to be encashable for failure of the Contractor to fulfil his Contractual obligations covered by the Retention Bank Guarantee, this Bank Guarantee shall also be encashable for the purpose of recovery of LD along with applicable GST, if any, pursuant to GCC clause no. 6.2 (Delay in Supply). 5.9.8 Civil Works a) 10% as advance upon site mobilization, including applicable taxes and duties against submission of equivalent bank guarantee and performance security bond. b) 78% including applicable taxes and duties & 100% of price adjustment if any, on pro-rata basis against satisfactory completion of identified milestone and/or approved Billing Schedule for completion of civil works. c) 2% on pro-rata basis including applicable taxes and duties subject to recovery as per Annexure-1 of “Contract Conditions for Industrial Safety” appended to GCC, against completion of identified mile-stones. d) 10% including applicable taxes and duties on handing over of the facilities to the Purchaser and issue and acceptance of Operational Acceptance certificate as per the format in Annexure-J by the Purchaser for each Reactor Unit. In the event of delay in attaining the events pertaining to GCC sub-clause no. 5.9.8 (d) above for reasons attributable to the Purchaser, the corresponding payments can be released to the Contractor on expiry of Original CDD against Retention Bank Guarantee as per format given in Annexure-C, initially valid for 6 months and subsequently extendable till completion of all the Civil Works. In addition to be encashable for failure of the Contractor to fulfil his Contractual obligations covered by the



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Clause Description/


Retention Bank Guarantee, this Bank Guarantee shall also be encashable for the purpose of recovery of LD along with applicable GST, if any, pursuant to GCC clause no. 6.2 (Delay in Supply).

10 GCC Cl. No. 5.14


5.14.1 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and which do not fall under Force Majeure as per the tender conditions, the outstanding advance payments made shall be recovered, along with taxes and duties and the interest at the rate specified herein below. This shall be without prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract.

11 GCC Cl. No. 5.16


Please refer cl. No. 1.0 of SCC.

12 GCC Cl. No. 6.5.2

6.5.2 (sub-clause of 6.5 Transfer of Ownership)

6.5.2 Ownership of the indigenous stores (including spare parts) shall be transferred to the Purchaser when the Stores are brought on to the Site.

13 GCC Cl. No. 6.5.3

Cl. 6.5.3 This clause is deleted.

14 GCC Cl. No. 6.8.7

Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 2011 thereof

This clause shall be read in conjunction with GCC clause 6.8.7: “Since requirement is for PHWR, NPCIL is the system designer and technology owner, being responsible for safety design of such installations in the this tender, NPCIL shall assume the role of supplier in accordance with the explanation of the term “supplier” given in Rule 24 of the CLND Rules, 2011 and in the context of section 17(a) and (b) of the CLND Act, 2010.”

15 GCC Cl. No. 6.9.3

Cl. No. 6.9.3 (sub-clause of Cl. No 6.9) Indemnity for Taxes and Duties

6.9.3 The Contractor shall be responsible for filing all necessary Tax returns (including, without limitation, returns for Corporate Income tax, Personal Income tax and GST) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities.

16 GCC Cl. No. 9.5.2

9.5.2 9.5.2 i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis, by selecting any safe



Section -B

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Clause No.

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Ref.

Clause Description/


mode of transport unless otherwise stated in the contract. ii) Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and bear all freights and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing, handling, forwarding, freight and transit insurance charges. iii) Unless otherwise provided in the Contract, the Contractor shall be entitled to select any safe mode of transport without any transhipment, to carry the Plant and Equipment and the Contractor’s Equipment.

17 GCC Cl. No. 9.5.3

9.5.3 The clause is deleted.

18 GCC Cl. No. 9.5.4

9.5.4 High Seas Sale All imported capital goods and spares procured by indigenous contractor from foreign subcontractor, to be delivered directly to the Purchaser’s site from the port of import, shall be cleared on High Seas Sale basis, at the price as shown in the Contract. In the event foreign Subcontractor’s invoice values exceeds the corresponding value shown in the Contract, implication if any towards Customs Duty shall be to the Contractor’s account. The contractor shall furnish all necessary documents for executing the High Seas sale agreement. In case of delay / failure in submission of documents, the demurrage charges, penalty, etc. along with applicable taxes & duties, if any, shall be borne by the contractor. Notwithstanding High Seas sales, the Contractor shall remain responsible for all work of port handling / clearance, inland transportation to site and all subsequent activities till handing over of the Facilities.

19 GCC Cl. No. 9.5.8

Cl. No. 9.5.8 ( sub-clause of 9.5 Transportation)

9.5.8 Documentation for Supply of Indigenous Items On the day of transport, the contractor shall send to the Purchaser by courier for information, a copy of each of the following documents:

i. Transportation documents like airway bill / lorry receipt / railway receipt / delivery challan / e way bill, etc.



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Clause Description/


ii. Certificate of insurance; iii. Invoice with itemised prices duly signed by

Contractor. iv. Copy of packing lists for each separate package; v. Shipping release issued by Purchaser or his authorized

representation; vi. Contractor shall also be responsible for obtaining

clearances, if any for timely and safe delivery of items to the site.

20 GCC Cl. No. 11.8.1

GCC Cl. No. 11.8.1

11.8.1 The Contractor shall, at his own expense, provide all materials required for the erection, commissioning, inspection and testing other than those, which are to be supplied by the Purchaser. All charges on account of royalty, customs duty, GST and other taxes and duties on materials obtained for the erection & commissioning from any source (excluding materials supplied by the Purchaser) shall be borne by the Contractor. If pursuant to or under any law, notification or order any royalty, cess or the like becomes payable by the Purchaser and does not any time become payable by the Contractor to the Government/Local authorities in respect of any material used by the Contractor in the E&C then in such a case, it shall be lawful to the Purchaser and it will have the right and be entitled to recover the amount paid in the circumstances as aforesaid from dues of the Contractor.

21 GCC Cl. No. 12.4.2

GCC Cl. No. 12.4.2

12.4.2 If the Purchaser is caused to pay or reimburse any amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications / bye laws / Acts / Rules / regulations including amendments, if any, on the part of the Contractor, the Purchaser or his representative shall have the right to deduct such amount and a penalty of 50% of such amount along with applicable GST from any money due to the Contractor including performance security. The Purchaser or his representative shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Purchaser on account of non-compliance of labour laws.



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21 GCC Cl. No. 12.4.3

GCC Cl. No. 12.4.3

12.4.3 In the event of the Contractor committing a default or breach of any of the provisions of the aforesaid contractor's labour regulations as amended from time to time or furnishing any information or submitting or filling any Form / Register / Slip under the provisions of these regulations which is materially incorrect, then on the Report of the Inspecting Officer as defined in the respective contractor’s labour regulations, the Contractor shall without prejudice to any other liability pay to the Purchaser a sum not exceeding Rs. 5,000/- along with applicable GST for every default, breach or furnishing, making, submitting, filling, such materially incorrect statement and in the event of the Contractor's default continuing in this respect, the penalty may be enhanced by additional Rs. 500/- along with applicable GST per day for each day of default subject to a maximum of five percent of value of the Purchase Order covering Site work. The Purchaser shall deduct such amount from bills or Performance Security Bond of the Contractor. The decision of the Purchaser in this respect shall be final and binding.

22 GCC Cl. No. 23

GCC Cl. No. 23. ABBREVIATIONS USED

23. ABBREVIATIONS USED BHP Brake Horse Power BOQ Bill of Quantity C&MM Contracts and Materials Management Department ECC Erection Completion Certificate EPC Engineering, Procurement and Construction Contract CDD Contractual Delivery Date Central Goods and Services Tax (CGST) CMRCIV Contractor’s Material Receipt Cum Issue Voucher DCR Design Concession Request ECS Electronic Clearance System FIM Free Issue Material FOB Free on Board Goods and Services Tax (GST) GCC General Conditions of Contract GR Good Receipt Integrated Goods and Services Tax (IGST)



Section -B

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Clause No.

ITT/GCC Clause

Ref.

Clause Description/


IPR Intellectual Property Rights ITT Invitation to Tender INR Indian Rupees kW Kilo Watt kWh Kilo Watt Hour L/C Letter of Credit LD Liquidated Damages LIBOR London Inter Bank Offer Rate LR Lorry Receipt MRICAR Material Receipt Intimation Cum Acceptance Report NDT Non Destructive Testing NPCIL Nuclear Power Corporation of India Limited PLR Prime Lending Rate PSB Performance Security Bond PO Purchase Order QA Quality Assurance Rs. Indian Rupees RR Railway Receipt SCC Special Conditions of Contract State Goods and Services Tax (SGST) Sq. Square T&P Tools, Plants and Equipment Company Union Territory Goods and Services Tax (UTGST) USD US Dollar UKP UK Pound

23 GCC Annexures of GCC Annexure-F : Format for “Certificate towards Excise Duty” Annexure-G : Format for “Certificate towards Sales Tax”

Annexure F: ‘Certificate towards Excise Duty’ is substituted with Annexure-F : Format for “Goods and Services Tax” Annexure G and Annexure H are deleted.



Section -B

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Clause Description/


Annexure-H : Format for “Certificate towards Service Tax”

24 GCC Cl. No. 1.11 & ITT Cl. No. 18

Consortium / Joint Venture / Partnership

Bids from Consortium / Joint Venture / Partnership firm are not permitted. Hence this clause is not applicable.

25 GCC Cl. No. 3.6

Sub-contracting

The clause below shall be read in conjunction with GCC clause 3.6. 1.0 The list of approved sub-vendor/sub-contractor is attached

as Annexure-1 to SCC.

2.0 Annexure-1 to SCC specifies a list of approved Sub-Vendor / Sub-Contractors for major items of supply or services. The bidder shall satisfy himself about these sub-vendors / sub-contractors for their technical and financial capabilities.

3.0 BIDDER shall furnish along with technical offer (Part-I)

complete details and credentials of additional sub-contractor/sub-sub contractor in the format attached with Annexure–III of Section-C0 to enable PURCHASER to evaluate them expeditiously

26 GCC Cl.

No. 4.2.1 Time for completion:

Contractual Delivery Date (CDD): Operational Acceptance and handing over of facilities shall be 18 Months from the date of Purchase Order.

27 GCC Cl. No. 4.2.3

Mile stone No Contractual milestone date is stipulated for this tender.

28 GCC Cl. No. 5.8.4

Price adjustment for Civil works: Weightage of fixed components and identified variable components

Percentage / weightage of various factors for Civil works (Clause 5.8.4 of GCC-EPC-4) is as follows

Fixed Components F 15%

Unskilled Labour Component lu 12.5%

Skilled Labour Component ls 12.5%



Section -B

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Clause No.

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Ref.

Clause Description/


Cement (Ordinary Portland Cement)

m 9%

Re bars (MS Wire rods) n 20%

Structural steel {Angles, Channels, Sections, Steel(coated/Not)}

o 5%

All other materials p 24%

P.O.L Component d 2%

29 GCC Cl. No. 9.1

Procurement and Supply: 9.1 General Provisions

In addition to 9.1 of GCC following shall also apply. It may kindly be noted that NPCIL has no reservation about import Procurement of raw material / components, if necessary, for manufacture of subject items. However, bidder shall ensure that such items do not have US origin components above the de minmis level. End use verification shall not be agreed upon by NPCIL in case of imports under any circumstances. Further, the bidder/ contractor shall make attempts to import raw materials/ components, if necessary, without insisting for “End User Certificate”.

30 GCC Cl. No. 11.4.2 (ii)

Department water supply charges

Construction: Contractor has to make his own arrangements for Construction water at his own cost. Domestic: NPCIL shall provide domestic water free of charge

31 GCC Cl. No. 11.5.4 (xi)

Construction power supply charges

1) More than 20 KW and up to 50 KW a) Fixed Charges Rs 220 per month b) Energy Charges Rs 10.20 per KWh

2) More than 50KW a) Fixed Charges Rs 220 per KVA per month b) Energy Charges Rs 13.01 per KWh

The Contractor is liable to pay the electricity charges as per the prevailing rates applicable from time to time during the currency of contract.



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Clause No.

ITT/GCC Clause

Ref.

Clause Description/


32 Section-A- Invitation to tender and tendering conditions -Clause No.- 10.1

10.1 Routine Test, Special tests, Type Test, Special Type Tests, Seismic Qualifications/Testing 10.1.1 The bidder is required to perform the above tests as specified in the Technical Specification. As regards Type Tests, Submission of valid Type Test Certificate of previous tests may be considered in lieu of performing the tests, as provided in Technical Specifications. 10.1.2 a) Price for supply of items shall include charges for all Routine Test, Type tests etc. No charges for these tests shall be claimed/

10.1.1 For all the tests specified in the price schedule, testing shall be carried out in spite of valid type test certificates of previous tests being available. 10.1.2 a) Price for supply of items shall include charges for all Routine Test, Type tests etc. except for the type tests listed in the price schedule. Charges for these tests listed in price schedule shall be claimed/ paid separately. 10.1.2 b) Charges for Special tests, Type Tests, Seismic Qualification as listed in price schedule shall not be included in the price of the items and shall be quoted / claimed separately.



Section -B

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paid separately. b) Charges for Special Type Tests, Seismic Qualification/Testing shall not be included in the price of the items and shall be quoted/ claimed separately.

33 Section-A- Invitation of tender and tendering conditions –Clause No.- 2.4

A bidder participating in this tender can participate either as a contractor or as a sub-contractor, but not as both contractor and sub-contractor of another contractor.

Bidder who is participating as contractor can be sub-contractor to another bidder, who is also participating in the Tender.

34 Section-A- Invitation of tender and tendering conditions –Clause No.- 10.3

10.3.1 The bidder shall furnish percentage wise split of the total summary price quoted for the Package between supply portion and site work (erection & commissioning and other

In addition to ITT clause No. 10.3 following shall also apply: The proportion of the cost of site works portion (Civil works and Erection and Commissioning works) with GST shall be minimum 30% of the total cost of the EPC Package with GST. In case the contractor quotes less than 30%, same will be re-apportioned to 30% without changing the total cost of the EPC Package before placement of purchase order.



Section -B

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Ref.

Clause Description/


services) portion, in the Part-I e-Bid. It must be clearly understood that only percentage figure for supply and site work (erection & commissioning and other Services) need to be indicated in Part-I e-Bid and actual price should only be in Part-II e-Bid. Bidders should refer to Sr. No. 5.8 above regarding advance implication of mixing Price details with Part-I e-Bid.

**************************


Annexure-F

Declaration Form for GST

The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the following certificates:

Certified that: (Please Tick all appropriate boxes)

(a) Additional Input Tax Credit under GST availed against invoices submitted here under is Rs.________________.

(b) Certified that the goods and services on which GST has been charged are not

exempted under the GST Act or the rules made there under and the amount charged on account of GST on these goods and services are not more than what is payable under the relevant act or the rules there under.

(c) Certified that we have taken into account all input tax credits available under

GST and have not loaded the same in the basic price while furnishing their bids.

(d) Certified that in respect of amount of taxes claimed in the bill no claim is

pending for refund/or is admissible for refund from any other agency and /or no other tax credit is available in respect of the same. In the event of getting refund in whole or in part of the element of GST claimed from Government, the same shall be passed on the benefit to the Purchaser by remitting the amount equivalent to the amount of refund obtained.

(e) Certified that the GST charged herein the invoices and other details have

been / will be populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser.

(f) Certified that we have complied with the Anti-profiteering measure

provisions under CGST/ SGST/UTGST Acts and passed on commensurate reduction of price to the purchaser.

Signature of Contractor or their Authorised Representative with company seal.

TENDER NO. CMM/MEQ/20-50-2-1153

Page 1 of 7

ANNEXURE -1

LIST OF APPROVED SUB VENDORS / SUB-CONTRACTORS

SL. NO. DESCRIPTION APPROVED VENDORS/SUB-VENDORS/SUB-

CONTRACTORS

1 220KV CIRCUIT BREAKER

CROMPTON GREAVES POWER & INDUSTRIAL SOLUTIONS LTD. ABB GE T&D INDIA LIMITED SIEMENS INDIA

2 220KV ISOLATORS

SIEMENS(ELPRO) G R POWER S&S POWER SWITCHGEAR LTD SWITCHGEAR & STRUCTURALS (INDIA) PVT. LTD. RAYCHEM RPG (HIVELM)

3 LIGHTNING ARRESTERS

ELPRO INTERNATIONAL LTD. CROMPTON GREAVES POWER & INDUSTRIAL SOLUTIONS LTD. OBLUM ELECTRICAL INDUSTRIES PVT. LTD

4 220KV CURRENT TRANSFORMERS

CROMPTON GREAVES POWER & INDUSTRIAL SOLUTIONS LTD. ABB GE T&D INDIA LIMITED BHEL MEHRU

5 INSULATORS (BUSPOST & DISC)

W.S. INDUSTRIES LTD ADITYA BIRLA INSULATORS, HALOL MODERN INSULATORS INSULATORS & ELECTRICALS COMPANY BHEL SARAVANA GLOBAL ENERGY LIMITED (FOR SOLID CORE POST INSULATORS & HOLLOW INSULATORS) ADITYA BIRLA INSULATORS, HOOGHLY, WEST BANGAL (ONLY FOR DISC INSULATORS)

6 ACSR/AAAC CONDUCTOR/SHIELD WIRE

CABCON SHARAVATHY CONDUCTORS GUPTA CABLES BHARAT WIRE ROPE LTD (ONLY FOR SHIELD WIRE) APAR INDUSTRIES LTD SMITA CONDUCTORS LTD


Page 2 of 7

7

CLAMPS & CONNECTORS / INSULATOR HARDWARES

RASHTRA UDYOG KLEMMEN ENGG MEGHA ENGINEERING PEEVEE ENGG INTERNATIONAL TRANSMISSION LTD. M/s. SUPREME & CO.PVT.LTD., HOWRAH, WEST BENGAL

8 BUS CONDUCTOR TUBES

INDALCO JINDAL STERLITE BALCO HINDALCO M/s. SUDAL INDUSTRIES LIMITED, MUMBAI

9 FIRE PROTECTION & DETECTION

TECHNICO TECHNOFAB SFS FIRE & SECURITY PVT LTD NEWFIRE STERLING & WILSON PVT LTD VIJAY INDUSTRIES AND PROJECT LTD.

10 AIR CONDITIONING & VENTILATION

BLUE STAR VOLTAS ADVANCE VENTILATION PVT LTD ANKIT AIR SYSTEMS PVT. LTD.

11

AC DISTRIBUTION BOARD / DC DISTRIBUTION BOARD/ LIGHTING PANEL/ LIGHTING BOARDS/ JB/ BMK/SWITCH BOARD

SIEMENS L&T LTD RELIABLE ELECTRICALS ( for LPs, LDBs, JBs & BMK)) GE POWER C&S ELECTRIC HAVELLS , NEW DELHI (for lighting panels, lighting boards, JB, switchboard and BMK) SCHNEIDER ELECTRIC POPULAR SWITHGEAR M/s UNITECH AUTOMATION PVT. LTD. SATARA (for ACDBs, LPs, LDBs, JBs & BMK) M/S PYROTECH ELECTRONICS PRIVATE LIMITED, UDAIPUR (for JB & BMK) M/s. MAKTEL CONTROL & SYSTEMS, VADODARA (for JB & BMK)

12 SWITCHYARD STRUCTURES (LATTICE & PIPES)

L&T LTD KALPTARU POWER TRANSMISSION JYOTI STRUCTURE BAJAJ ELECTRICALS RICHARDSON & CRUDDAS R.S. INFRAPROJECTS PVT LTD.


Page 3 of 7

GOODLUCK STEEL & TUBES LTD. RABI ENGINEERING WORKS UTKARSH TUBES & PIPES LTD. NEW MODERN TECHNOMEC STEEL PRODUCT

13

PROTECTION, CONTROL, METERING AND SYNCHRONISING PANELS

GE T&D INDIA LIMITED SIEMENS INDIA BHEL ABB Aartech Solonics, Bhopal ( for control & synchronising panels) L & T M/s. SCHNEIDER ELECTRIC INFRASTRUCTURE LIMITED

14 PROTECTION RELAYS

GE T&D INDIA LIMITED ABB SIEMENS INDIA SEL M/s. SCHNEIDER ELECTRIC INFRASTRUCTURE LIMITED

15 LINE METERS AND BILLING METERS

SIEMENS INDIA (L&G METERS) SECURE METERS, UDAYAPUR M/s. SCHNEIDER ELECTRIC INFRASTRUCTURE LIMITED

16

COPPER GROUNDING / EARTHING CONDUCTOR, RODS & PADS

M/s. GIC INSUFLEX CONDUCTORS PVT. LTD., MUMBAI

Bharat Wire Ropes Ltd., Mumbai

17 EARTHING MATERIAL (MS & GI)

M/s. PREMIER POWER PRODUCTS (CALCUTTA) PVT. LTD., KOLKATA, WESB BENGAL SAIL M/s. RASTRIYA ISPAT NIGAM LTD.

18 SWITCH SOCKET ANCHOR ELECTRICAL PVT. LTD. BAJAJ ELECTRICALS LTD.

19 SF6 GAS LEAKAGE DETECTOR

M/S. SCOPE T&M PVT. LTD., PUNE, MAHARASHTRA M/S HI TECH SYSTEMS & SERVICES LIMITED, KOLKATA

20 CIRCUIT BREAKER OPERATION ANALYZER WITH TRANSDUCER

M/S. SCOPE T&M PVT. LTD., PUNE, MAHARASHTRA M/s. WIKA INSTRUMENTS INDIA PVT. LTD., PUNE, MAHARASHTRA

21

PORTABLE SF6 GAS FILLING AND EVACUATION EQUIPMENT

M/s. WIKA INSTRUMENTS INDIA PVT. LTD., PUNE, MAHARASHTRA M/S HI TECH SYSTEMS & SERVICES LIMITED, KOLKATA


Page 4 of 7

22 SF6 GAS FILTERING, DRYING, RECYCLING AND STORAGE PLANT

M/s. WIKA INSTRUMENTS INDIA PVT. LTD., PUNE, MAHARASHTRA M/S HI TECH SYSTEMS & SERVICES LIMITED, KOLKATA

23

SF6 GAS COMPOSITION ANALYZER FOR DETECTING AIR CONTENT AND MOISTURE CONTENT

M/s. WIKA INSTRUMENTS INDIA PVT. LTD., PUNE, MAHARASHTRA

M/S HI TECH SYSTEMS & SERVICES LIMITED, KOLKATA

24 POWER TRANSFORMER

BHEL TELK, KOCHI TOSHIBA, HYDERABAD CROMPTON GREAVES POWER & INDUSTRIAL SOLUTIONS LTD. SIEMENS ABB GE T&D INDIA LIMITED

25 33kV/6.6kV/3.3kV Switchgear

GE T&D India Ltd. Siemens Ltd. BHEL ABB Crompton Greaves Power & Industrial Solutions Ltd. L&T, Ahmednagar

26 6.6 kV Bus Ducts

BHEL Power gear Limited, Bangalore Narmada Switchgear, Bhopal C&S Electric Ltd. Noida REEP Industries Ltd., Chennai Enpro Engineering, Chennai Star drive Bus ducts, Chennai

27 Auxiliary Transformers

Bharat Heavy Electricals Ltd SGB Transformers, Chennai Toshiba, Hyderabad Kirloskar Power Equipment Ltd., Pune Voltamp Transformers Ltd., Vadodara Crompton Greaves Power & Industrial Solutions Ltd.

28 415V Switchgear

L&T Siemens Schneider Electric Ltd. C&S Electric Ltd.

29 415V Bus Ducts

Power gear, Bangalore C&S Electric Ltd. Noida REEP Industries, Chennai Enpro Engineering, Chennai Star drive Bus ducts, Chennai


Page 5 of 7

30 415V Motor Control Centres & PMCC’s

L&T Siemens Schneider Electric

31 UPS System

Gutor Electronics AG, Switzerland Dubas Engineering Pvt Ltd Vertiv Co. Kerala State Electronics Development Co Ltd.(KELTRON), Thiruvananthapuram

32 Control ACVRs, battery chargers, power supply panels & Load banks

Amar Raja Power Systems, Tirupati Chhabi Electronics, Mumbai Dubas engineering Pvt Ltd Vertiv Co. Caldyne, Kolkata HBL Power System, Hyderabad Kerala State Electronics Development Co Ltd, Thiruvananthapuram Statcon Power Controls Ltd., NOIDA

33 Power and Control Batteries

Exide Industries Ltd, Kolkata Microtex Energy Private Limited Panacea Alloys

34 HV Power Cables

Universal Cables, Satna KEC International ltd. Apar Industries Ltd. Torrent Cables Ltd Finolex Cables Ltd, Pune Paramount Cable Corporation KEI Industries Ltd. Polycab Wires Pvt. Ltd

35

MV (1100 V) Power Cables, XLPE insulated, FRLS PVC sheathed cables

Universal Cables, Satna KEC International ltd. Finolex Cables Ltd, Pune Polycab Wires Pvt. Ltd., Daman Apar Industries Ltd. KEI Industries Ltd. Torrent Cables Ltd Paramount Cable Corporation Ravin Cables Ltd., Pune

36 Electrical Control Cables

KEC INTERNATIONAL Finolex Cables Ltd., Pune Polycab Wires Pvt. Ltd., Daman APAR INDUSTRIES LTD Universal Cables, Satna Radiant Cables, Hyderabad Paramount Cable Corporation


Page 6 of 7

KEI Industries, Delhi Torrent Cables Ltd Ravin Cables Ltd

37 Lighting Fixtures and Accessories

Bajaj Electricals Ltd CROMPTON GREAVES CONSUMER ELECTRICALS LIMITED Philips Lighting India Ltd. Wipro Enterprises ltd

38 Cable Trays and Accessories

Kanade Anand Udyog Private Ltd., Mumbai Indiana Cable Trays, Mumbai Patny Systems, Secunderabad Asian Ancillary Corporation, Mumbai M/s. Premier Power Products Pvt. Ltd., Kolkata, West Bengal Utkarsh tubes and Pipes Ltd. Rabi Engineering Works Debasis Industries, Kolkata Indmark Formtech Pvt. Ltd., Pune Vinfab Engineers India Pvt Ltd, Wada M/s. TJSV Steel Fabrication & Galvanizing

39 Valve regulated Lead acid batteries

Amar Raja Power Systems, Tirupati EXIDE Industries Ltd HBL Power System, Hyderabad

40 Fire Barrier

Signum Fire Protection India Pvt.Ltd., Nagpur; for both in-door and out-door fire barriers Navair, Delhi; for both in-door and out-door fire barriers VIJAY FIRE PROTECTION Multikil; for in-door fire barriers only.

41 Fire Breaks

Signum Fire Protection India Pvt.Ltd., , Nagpur; for in-door fire breaks only Vijai Fire Protection, Mumbai; for in-door and out-door fire breaks

42 MS & Brass glands (Cable Glands)

Standard Metal Industries (SMI) Comet Braco Electricals (India) Private Ltd, Thane Dowell Cable Accessories Pvt. Ltd., Sarigram, Gujarat

43 Lugs

3D Comet Braco Electricals (India) Private Ltd, Thane M/s Dowells Electricals, Silvasa

44 Connectors, Terminals Elmex, Connectwell


Page 7 of 7

45 Structural Steel

SAIL TISCO IISCO RINL

46 Fasteners

HILTI for SSE buildings (TI) ANCHOR/ DASH/ ARISTROCRAT for other buildings Fischer make through M/s. Bosch Ltd., Bangalore (for all buildings)

47 Receptacles (Industrial type)

Best & Crompton Engg. Limited Maktel Control & System Pvt Ltd. Bhartia Cutler Hammer Electric Ltd.

48 Hot dip galvanized Junction and Pull boxes

Hi-tech Electrification Engineers, Ankleshwar Moti Enterprise, Surat

49 GI Earthing strips / Flats, GI Structural steel items & GI gratings

Indmark Formtech Pvt. Ltd., Pune M/s Indiana Gratings Pvt. Ltd., Mumbai Asian Ancillary Corporation, Mumbai

50 PLC Siemens Schneider Electric, Nashik Unitronics

51 SCADA

Siemens Schneider Electric ABB L&T GE T&D India Limited

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