JAL SHAKTI / P.W.D.

8
GOVERNMENT OF HIMACHAL PRADESH
JAL SHAKTI VIBHAG

Jal Shakti Division: Baddi

ITEM RATE TENDER AND CONTRACT (GENERAL RULES AND DIRECTIONS)
FOR THE GUIDANCE OF CONTRACTORS

1. All work proposed for execution by contract will be notified in a form of invitation to tender pasted in public
places and signed by the officer inviting tender or by publication in News papers or posted on website as the case may be.
This form will state the work to be carried out, as well as the date for submitting and opening tenders and the time allowed
for carrying out the work, also the amount of earnest money to be deposited with the tender and the percentage at which
the Security deposit shall be deducted from the bills of the successful tenderer. Copies of the specifications, designs and
drawings and any other documents required in connection with the work signed for the purpose of identification by the
Executive Engineer shall also be open for inspection by the contractor at the office of Executive Engineer of concerned
division during office hours.
2. In the event of the tender being submitted by a firm, it must be signed separately by each partner thereof or in the
event of the absence of any partner, it must be signed on his behalf by a person holding a power-of attorney authorizing
him to do so, such power of attorney to be produced with the tender, and it must disclose that the firm is duly registered
under the Indian Partnership Act, 1952.

3. Receipts for payment made on account of work, when executed by a firm, must also be signed by all the partners,
except where contractors are described in their tender as a firm, in which case the receipts must be signed in the name of
the firm by one of the partners, or by some other person having due authority to give effectual receipts for the firm.

4. Any person who submits a tender shall fill up the usual printed form, stating at what rate he is willing to
undertake each item of the work. Tenders, which propose any alteration in the work specified in the said form of invitation
to tender, or in the time allowed for carrying out the work, or which contain any other conditions of any sort, including
conditional rebates, will be summarily rejected. No single tender shall include more than one work, but contractors who
wish to tender for two or more works shall submit separate tender for each. Tender shall have the name and number of the
works to which they refer, written on the envelopes.
The rate(s) must be quoted in decimal coinage. Amounts must be quoted in full rupees by ignoring fifty paisa and
considering more than fifty paisa as rupee one.
In case the lowest tendered amount (worked out on the basis of quoted rate of Individual items) of two or more contractors
is same, then such lowest contractors may be asked to submit sealed revised offer quoting rate of each item of the
schedule of quantity for all sub sections/sub heads as the case may be, but the revised quoted rate of each item of schedule
of quantity for all sub sections/sub heads should not be higher than their respective original rate quoted already at the time
of submission of tender. The lowest tender shall be decided on the basis of revised offer.
If the revised tendered amount (worked out on the basis of quoted rate of individual items) of two or more contractors
received in revised offer is again found to be equal, then the lowest tender, among such contractors, shall be decided by
draw of lots in the presence of SE of the circle, EE(s) in-charge of major & minor component(s) and the lowest
contractors those have quoted equal amount of their tenders.
In case of any such lowest contractor in his revised offer quotes rate of any item more than their respective original rate
quoted already at the time of submission of tender, then such revised offer shall be treated invalid. Such case of revised
offer of the lowest contractor or case of refusal to submit revised offer by the lowest contractor shall be treated as
withdrawal of his tender before acceptance and 50% of his earnest money shall be forfeited.
In case all the lowest contractors those have same tendered amount (as a result of their quoted rate of individual items),
refuse to submit revised offers, then tenders are to be recalled after forfeiting 50% of EMD of each lowest contractors.
Contractor, whose earnest money is forfeited because of non-submission of revised offer, or quoting higher revised rate(s)
of any item(s) than their respective original rate quoted already at the time of submission of his bid shall not be allowed to
participate in the retendering process of the work.

5. The Executive Engineer or his duly authorized assistant will open tenders in the presence of any intending
contractors who may be present at the time, and will enter the amounts of the several tenders in a comparative statement in
a suitable form. In the event of a tender being accepted, a receipt for the earnest money shall thereupon be given to the
contractor who shall thereupon for the purpose of identification sign copies of the specifications and other documents
mentioned in Rule-I. In the event of a tender being rejected, the earnest money shall thereupon be returned to the
contractor remitting the same, without any interest.

6. The officer inviting tenders shall have the right of rejecting all or any of the tenders and will not be bound to
accept the lowest or any other tender.

7. The receipt of an accountant or clerk for any money paid by the contractor will not be considered as any
acknowledgment or payment to the Executive Engineer and the contractor shall be responsible for seeing that he procures
a receipt signed by the Executive Engineer or a duly authorized Cashier.

8. The memorandum of work tendered for and the schedule of materials to be supplied by the Jal Shakti Vibhag and
their issue-rates, shall be filled and completed in the office of the Executive Engineer before the tender form is issued. If a
form is issued to an intending tenderer without having been so filled in and incomplete, he shall request the officer to have
this done before he completes and delivers his tender.
9. The tenderers shall sign a declaration under the officials Secret Act 1923, for maintaining secrecy of the tender
documents drawings or other records connected with the work given to them. The unsuccessful tenderers shall return all
1
Cont EE
the drawings given to them. If it is found the tender is not submitted in proper manner or contains too much corrections or
absurd rates or amounts it would be open for the Governments to take suitable disciplinary action against the contractor.

9A Use of correcting fluid, anywhere in tender document is not permitted. Such tender is liable for rejection.

10. The tenderers shall sign a declaration under the official’s secret act for maintaining secrecy of the tender
documents drawing other records connected with the work given to them. The Unsuccessful tenderer shall return all the
drawings when given to them.

DECLARATION
I/We hereby declare that I/We shall treat the tender documents drawings and other records connected with the work as
secret/confidential documents and shall not communicate information/derived therefrom to any person other than a person
to whom I/We am/are authorized to communicate the same or use the information in any manner prejudicial to the safety
of the State.

ITEM RATE TENDER FOR WORKS

I/We hereby tender for the execution of the work specified for the Governor of H.P. within the time specified in
such memorandum at the rates specified in figures and words in the attached schedule of quantities and in accordance in
all respect with the specifications, designs, drawing and instructions in writing referred to in Rule-1 of General Rules and
Directions and in Clause 11 of the Conditions of contract and with such materials as are provided for, by, and in respect of
accordance with, such conditions so far as applicable.

Name of Work: - C/O OHSR of capacity 100000 KL at Sub jail Kishanpura of Jail
Department in Tehsil Baddi District Solan (HP) (SH: - Laying of GMS pipe R/main,
distribution system & C/O OHSR 100000 ltrs capacity 20 meters height). (Deposit Work).

MEMORANDUM

(a) General description on: AS PER clause 1 to 30 of FORM 6

(b) Estimated Cost : - ₹ 26,48,608/- only
(C) Earnest Money :-₹ 52,972/- only
AMOUNT OF EARNEST MONEY TO BE DEPOSITED WITH EACH TENDER IS: -
i) For works costing up to Rs 15 lacs = 2 % (two percent) of the estimated cost put to tender.
ii) For works costing between Rs. 15 lacs to Rs. 50 lacs = (i) + 1.5%.
iii) For works costing above Rs. 50 lacs upto Rs. 5 crore = (ii) + 1% (with maximum limit of Rs 5 lacs).
iv) For works above Rs. 5 crore = Rs. 5 lac + 1% for additional cost of work.
Security deposit will be as under: -
i) For works costing up to Rs. 2, 00,000/- @ 10% of the tendered amount of the work.
ii) For works costing between Rs. 2, 00,000/- to Rs. 5, 00,000/- = (i) + 7.5%.
iii) For works costing between Rs. 5, 00,000/- to Rs. 50, 00,000/- = (ii) + 5%.
iv) For works costing above Rs. 50, 00,000/- = (iii) + 2.5% (without any limit).
The Security Deposit will be collected by deductions from the running bills of the contractor at the rates
mentioned above and the Earnest money, deposited online at the time of tender, will be treated as part of security deposits.
The security deposit will also deposit in the shape of FDR pledged in favour of Engineer-In-Charge issued by recognised
bank approved by the GOI for this purpose.

1. Promissory notes and stock certificate of Central Govt. or State Government.

2. Deposit Receipts of recognized bank approved by Govt. for this purpose.

(e) Time allowed for the work from the 15th day after the date of written order to commence is One Month.
Should this tender be accepted in whole or in part, I/We hereby agree.
(i) To abide by and fulfill all the terms and provisions of the said conditions annexed here to and all the terms and
provisions contained in notice inviting tenders so far as applicable and or in default there of to forfeit and pay to the
Governor of H.P. or his successors in office, the sum of money mentioned in the said condition. A sum of Rs. 52,972/- is
here by forwarded / deposited online as Earnest Money. If / We fail to commence the works specified in the above
memorandum, I/We agree that the said Governor or his successors in office shall, without prejudice to any other right or
remedy, be at liberty to forfeit the said Earnest money absolutely, otherwise the said earnest money shall be retained by
him towards security deposit mentioned against clause (d) of the above mentioned memorandum.
(ii) To execute all the work referred to in the tender documents upon the terms and conditions contained or referred
to there in and to carry out such deviations as may be ordered up to a maximum of 30% (thirty percent) at the rates quoted
in the tender documents and those in excess of that limit at the rates to be determined in the accordance with the
provisions contained in clause 12-A of the tender form.

2
Cont EE
EXEMPTION FROM THE PAYMENT OF EARNEST MONEY:
Since I/We have already furnished security to the Governor of H.P. in lieu of earnest money and have deposited
with the Chief Engineer/ Engineer-in-Chief Jal Shakti Vibhag Shimla, a lump sum security as earnest money & have been
exempted from depositing the earnest money with individual tenders as specified in form JSV-6 therefore we are not
depositing the earnest money with this tender. However I/We agree that should I/We fail to commence the work specified
in the above memorandum, the amount equal to the amount for the earnest money mentioned in the form of invitation of
tender shall be absolutely forfeited to the Governor of HP and the same may at the option of the Governor of HP be
recovered out of the deposit in so far as the same may extend in terms of the said Bond and in the event of deficiency in
work out of any other money due from me / us or otherwise.

Dated the ....................day of............... Signature of the Contractor

Witness: -_______________________
Address: Jal Shakti Division, Baddi.
Occupation Government Services.

The above tender for the sum of Rs………………………... (Rupees .....................................................................................

........................................................................) is here by accepted by me Executive Engineer., Jal Shakti Division, Baddi
on behalf of the Governor of Himachal Pradesh.

Signature of contractor before submission of tender.

Signature of witness to contractor's signature

Contractor
Executive Engineer,
JSV Division, Baddi,
District Solan (HP)

CONDITION OF CONTRACT
DEFINITION: -

(1) The Contract means the documents forming the tender and acceptance thereof and the formal agreement executed
between the competent authority on behalf of the Governor of H.P. and the Contractor, together with the documents
referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to
time by the Engineer-in- Charge and all these documents taken together, shall be deemed to form one contract and shall be
complementary to one another.

(2) In the contract, the following expressions shall, unless the context otherwise requires, have the meanings, hereby
respectively assigned to them: -
(i) The expression works or work shall, unless there be something either in the subject or context repugnant to such
construction, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether
temporary or permanent, and whether original, altered, substituted or additional.
(ii) The Site shall mean the land/or other places on, into or through which work is to be executed under the contract
or any adjacent land, path or street through which work is to be executed under the contract or any adjacent land, path or
street which may be allotted or used for the purpose of carrying out the contract.
(iii) The Contractor shall mean the individual, firm or company, whether incorporated or not, undertaking the works
and shall include the legal personal representative of such individual or the persons composing such firm or company, or
the successors of such firm or company and the permitted assignees of such individual, firm or company.
(iv) The Governor means the Governor of H.P. and his successors.
(v) The Engineer-in-Charge means the Executive Engineer or Assistant Engineer as the case may be who shall
supervise and be in charge of the work and who shall sign the contract on behalf of the Governor.
(vi) Government or ‘Government of H.P.’ shall mean the Governor of H.P.
(vii) The term Chief Engineer' means Engineer-in-chief / Chief Engineer, Himachal Pradesh Jal Shakti Vibhag.
(vii) Excepted Risk are risks due to riots (other than those on account of contractor’s employees), war (whether
declared or not) invasion, act of foreign enemies, hostilities, civil war, rebellion revolution, insurrection, military or
usurped power, any acts of Government, damages from aircraft, acts of God, such as earthquake, lightening and
unprecedented floods, and other causes over which the contractor has no control and accepted as such by the Accepting
Authority or causes solely due to use or occupation by Government of the part of the works in respect of which a
certificate of completion has been issued or a cause solely due to Government’s faulty design of works.
(viii) Where the context so requires, words imparting the singular only also include the plural and vice versa. Any
reference to masculine gender shall whenever required include feminine gender and vice versa.

CLAUSE-1: Security Deposit

The person / persons whose tender(s) may be accepted (hereinafter called the contractor) shall permit
Government at the time of making any payment to him for work done under the contract to deduct such sum as along with
the already deposited earnest money at the rate specified below from the gross amount of each running and final bill till
the sum deducted will amount to the security deposit.

(1) The rates for deposit of security amount by contractors will be as under: -
(i) For works costing Rs. 2 lacs = 10%
3
Cont EE
(ii) For works costing between Rs. 2 to 5 lacs = (i)+7½ %
(iii) For works costing between Rs. 5 to 50 lacs = (ii) +5 %
(iv) For works costing above Rs. 50 lacs = (iii) +2½ % (without any limit)
50% of the security will be returned on completion /handing over of works and remaining security amount will
be released after the defect liability period is over. Security amount will also be allowed to be deposited online.
The security deposit will be collected by the deduction from the running bills of the contractor at the rates
mentioned above and the earnest money deposit in the shape of National Saving Certificate / Time deposit Account / P.O.
Saving Account in any of the Post Office. H.P. duly pledged in favour of the Engineer in charge HP Jal Shakti Mandal
Baddi accepted. Recovery of the compensation for delay (clause-2) can be done from the security provided under clause
or from any other work being executed by the contractor in state.

Such deductions will be made and held by Government by way of Security Deposit unless he/they has/have deposited the
amount of Security at the rate mentioned above in cash or in the form of Government Securities or fixed deposit receipts.
In case a fixed deposit receipt of any Bank is furnished by the contractor to the Government as part of the security deposit
and the Bank is unable to make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the
contractor and the contractor shall forthwith on demand furnish additional security to the Government to make good the
deficit. Such deductions shall be made and held by Government by way of Security Deposits. Provided always, that the
government for this purpose shall be entitled to recover the amount from each running bill, (at the rates as specified
above) till the balance of the amount of Security Deposit is realised. All compensation or other sums of money payable by
the contractor under the terms of this contract may be deducted from or paid by the sale of a sufficient part of his security
deposit or from the interest arising there from or from any sums which may be due to or may become due to the contractor
by Government on any account what so ever and in the event of his Security deposit being reduced by reason of any such
deductions or sale or aforesaid, the contractor shall within 10 days make good in the shape of National Saving Certificate/
Time Deposit Amount/ Post Office Saving Account in any of the Post Office in Himachal Pradesh duly pledged in the
name of Executive Engineer. The security deposit shall be collected from the running bills of the contractor at the rates
mentioned as above and the Earnest Money deposited online at the time of tender will be treated part of the security
deposit.

Note: - Government Securities will include all forms of Securities mentioned in HPFR Rules except fidelity bond. This
will be subject to the observance of the condition mentioned under the rule against each form of security.
Note: - In case a fixed deposit and the bank goes in to liquidation or for any reason unable to make payment against the
said fixed deposit receipt of any bank, is furnished by the contractor to the government as part of the security deposit
receipt, the loss caused there by shall fall on the contractor and the contractor shall forthwith on demand furnish additional
security to the Govt. to make good the deficit.

CLAUSE-2 COMPENSATION FOR DELAY

The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be
deemed to be the essence of the contract on the part of the contractor and shall be reckoned from the fifteenth days after
the date on which the order to commence the work is issued to the contractor. The work shall throughout the stipulated
period of the contract proceed with all due diligence and the contractor shall pay as Compensation an amount equal to one
percent or such smaller amount as the Superintending Engineer (whose decision in writing shall be final) may decide on
the amount of the tendered cost of the whole work as shown in the tender for every day that the work remains un-
commenced or unfinished, after the proper dates and further, to ensure good progress during the execution of the work, the
contractor shall be bound in all cases in which the time allowed for any work exceeds one month save for special job to
complete one eighth of the whole of the work before one fourth of the whole time allowed under the contract has elapsed,
three-eighth of the work, before one half of such time has elapsed and three fourth of the work, before of three fourth of
such time has elapsed. However, for special jobs if a time -schedule has been submitted by the contractor and the same has
been accepted by Engineer-in-charge, the contractor shall comply with the said time schedule. In the event of the,
contractor failing to comply with his condition, he shall be liable to pay as compensation an amount equal to one percent
or such smaller amount as the Superintending Engineer (whose decision in writing shall be final), may decide on the said
tendered cost of the whole work for every day that the due quantity of work remains incomplete, provided always that the
entire amount of compensation to be paid under the provisions of this clause shall not exceed ten percent of the tendered
cost of the work as shown in the tender .

CLAUSE-3: - The Engineer-in-charge may without prejudice take action against the contractor in any respect of any
delay or inferior workmanship or otherwise or to any claims for damage in respect of any breaches of the contract and
without prejudices to any rights or remedies under any of the provision of this contract or otherwise and whether the date
for completion has or has not elapsed by notice in writing absolutely determine the contract in any of the following case: -
i) If the contractor having been given by the Engineer-in-charge in writing to rectify, reconstruct or replace
any defective work or that the work is being performed in any inefficient or otherwise improper or un workman like
manner shall omit to comply with the requirements of such notice for a period of the seven days thereafter or if the
contractor shall delay or suspend the execution of the work which in the judgment of the Engineer-in-charge (which shall
be final and binding) he will be unable to secure completion of the work by the date for completion or he has already
failed to complete the work by the date.
ii) If the contractor being a company shall pass a resolution or the court shall make an order that the
company shall be bound up or if a receiver or manager on behalf of a creditor shall be appointed or if circumstances shall
arise which entitle the Court to make a winding up order.

iii) If the contractor commits breach of any of the terms and conditions of this contract.
4
Cont EE
 iv) If the contractor commits any acts mentioned in Clause-21 hereof.

When the contractor has made himself liable for action under any of the cases aforesaid, the Engineer-in-charge on behalf
of the Governor of Himachal Pradesh shall have powers: -

a) To determine or rescind the contract as aforesaid (of which termination or rescission notice in writing to the
contractor under the hand of the Engineer-in-charge shall be conclusive evidence). Upon such determination or rescission,
the security deposit of the contractor shall be liable to be forfeited and shall be absolutely at the disposal of Government.
b) To employ labour paid by the Jal Shakti Vibhag and to supply materials to carry out the works or any part of the
work debiting the contractor, with the cost of the labour and the price of the materials of the amount of which cost and
price certified by the Engineer-in-charge shall be final and conclusive against the contractors and crediting him with the
value of the work done in all respects in the same manner and at the same rates as if it had been carried out by the
contractor, under the terms of his contract .The certificate of the Executive Engineer as to the value of the work done shall
be final and conclusive against the contract or provided always that if the expenses incurred by the department are less
than the amount payable to the contractor at this agreement rates, the differences shall not be paid to the contractor.
c) After giving the notice to the contractor to measure up the work of the contractor and to take such part thereof as
shall be unexecuted out of his hands and to give it to another contractor to complete in which case any expenses which
may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been
executed by him of the amount of which excess (certificate in writing of the Engineer-in-charge shall be final and
conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by
Government under this contract or any other account or any other work within or outside the state whatsoever. In the event
of any one or more of the above courses being adopted by the Engineer-in-charge the contractor shall have no claim to
compensation for any loss sustained by him by reason 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
contract and in case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to recover or
be paid any sum of any work thereto actually performed under the contract unless and until the 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 the value so certified.
Contractor to remain liable to pay compensation if action not taken under clause 3 powers to or take possession of
or removal of contractor’s plant.

CLAUSE-4: Contractor of remain liable to pay compensation if action not taken under clause 3 powers to or
take possession of or removal of contractor’s plant.

In any case in which any of the powers conferred upon the Engineer-in-Charge by Clause-3 thereof, 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 in the event of any future case of default by the
contractor and the liability of the contractor for compensation shall remain unaffected. In the event of the Engineer-in-
Charge putting in force all or any of the powers vested in him under the preceding clause he may, if he so desires after
giving a notice in writing to the contractor, take possession of (or at the sole discretion of the Engineer-in-Charge which
shall be final and binding on the contractor) use as on hire (the amount of the hire money being also in the final
determination of the Engineer-in-Charge) all or any tools, plant, materials and stores, in or upon the works, or the site
thereof belonging to the contractor, or procured by the contractor and intended to be used for the execution of the work/or
any part thereof, paying or allowing for the same in account at the contract rates, or, in the case of these not being
applicable, at current market rates to be certified by the Engineer-in-Charge, whose certificate thereof shall be final, and
binding on the contractor, clerk of the works, foreman or other authorized agent to remove such tools, plant, materials, or
stores from the premises (within a time to be specified in such notice) in the event of the contractor failing to comply with
any such requisition, the Engineer-in-Charge may remove them at the contractor’s expense or sell them by auction or
private sale on account of the contractor and his risk in all respects and the certificate of the Engineer-in-Charge as to the
expenses of any such removal and the amount of the proceeds and expenses of any such sale shall be final and conclusive
against the contractor.
CLAUSE-5: EXTENSION OF TIME
The time allowed for execution of the Works as specified in the Schedule of Quantity’ or the extended time in accordance
with these conditions shall be the essence of the Contract. The execution of the works shall commence from such time
period as mentioned in schedule. If the contractor shall desire an extension of time for completion of work on the grounds
of his having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the Executive
Engineer within 30 days of the date of hindrance on account of which he desires such extension as aforesaid and the
Executive Engineer shall if in his opinion (which shall be final) finds the grounds stated by the contractor to be reasonable
shall forward the case to authority approving the tender for acceptance who may authorize such extension of time, if any,
as may in his opinion be necessary or proper.

CLAUSE-6: COMPLETION CERTIFICATE

Within ten days of the completion of the work the contractor shall give notice of such completion to the Engineer-in-
Charge and within ten/thirty days of the receipt of such notice, the Engineer-in-charge shall inspect the work and if there
is no defect in the work he shall furnish to the contractor with a certificate of completion, otherwise a provisional
certificate of completion, indicating defect(s) to be rectified by the contractor and / or for which payment will be made at
reduced rates, shall be issued but no certificate of completion, provisional or otherwise, shall be issued, nor shall work be
considered to be completed until the contractor shall have removed from the premises on which the work was executed all
scaffolding surplus materials, rubbish and all huts and sanitary arrangements required for his/ their work, people on the
site in connection with the execution of the work as shall have been erected or constructed by the contractor(s) and
cleaned off the dirt from all wood work, door, windows, wall, floors or other parts of any building in, upon or about which
work is to be executed or of which he may have had possession for the purpose of the execution thereof and not until the
work shall have been measured by the Engineer- in -charge. If the contractor shall fail to comply with the requirements of
this clause as to removal of scaffolding surplus materials and rubbish and all huts and sanitary arrangements as aforesaid
and cleaning of dirt on or before the date fixed for the completion of the works, the Engineer- in -charge may at the
5
Cont EE
expense of the contractor remove such scaffolding, surplus material and rubbish etc. and dispose of the same as he thinks
fit and clean off such dirt as aforesaid and the contractor shall have no claim in respect of any scaffolding or surplus
materials as aforesaid except for any sum actually realized by the sale thereof.

CLAUSE - 6A: When the annual repairs and maintenance of works are carried out, the splashes and droppings from
white washing, colour washing, painting etc., on walls, floor, windows, etc shall be removed and the surface cleaned
simultaneously with the completion of these items of work in the individual rooms, quarters or premises etc. where the
work is done: without waiting for the actual completion of all the 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 right to get this work
done at the cost of the contractor either departmentally or through any other agency. Before taking such action, the
Engineer-in-Charge shall give ten days notice in writing to the contractor.

N. B.: Ten days will apply in the case of work at the headquarters of the Engineer-in-charge and thirty days will apply in
the case of works at a station other than the headquarters of Engineer-in-charge.

CLAUSE-7: Payment of interment at certificate to be regarded as advance.

No payment shall be made for work with estimated cost of Rupees five thousand or less till after the whole of the
work shall have been completed and certificate of completion given. But in the case of work estimated to cost more than
rupees five thousand the contractor shall on submitting the bill thereof be entitled to receive a monthly payment
proportionate to the part thereof then executed to the satisfaction of the Engineer- in -charge whose certificate of the sum
so payable shall be final and conclusive against the final payment only and not as payments for work actually done and
completed and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be removed and taken
away and reconstructed or re - created or be considered as an admission of the due performance of the contract, or any part
thereof, in any respect or the accruing of any claim, nor shall it conclude, determine or affect in any way the powers of the
Engineer- in -charge under these conditions or any of them as to the final settlement and adjustment of the accounts or
otherwise or in any other way vary or affect the contract. The final bill shall be submitted by the contractor within one
month of the date fixed for the completion of the work or from the date of certificate of completion furnished by the E-in-
Charge. The payment shall be made within three months if the amount of contract plus that of additional items is up to RS.
2 lacs & in 6 months if the same exceeds Rs. 2 Lakhs. From the date of the submission of the bill. If there shall be any
dispute about any items or times of the work then the undisputed item or items only shall be paid within the said period of
three month or six months as the case may be. The contractor shall submit a list of the disputed item within the 30 days
from the disallowance thereof and if he fails, to do this, his claim shall be deemed to have been fully waived and
absolutely extinguished

CLAUSE-7A: Whenever there is likely to be delay in recording detailed measurements for making a running payment in
the case of residential buildings, advance payments without detailed measurements for work done other than foundation
and finishing items up to
(a) Lintel level (including sun shade etc.) and
(b) Slab level for each floor worked out as 75% of the tendered rates may be made in running accounts bills by the
Engineer- in -charge, in his direction on the basis of a certificate from the Assistant Engineer to the effect that the work
has been completed up to level in question. The Advance payments so allowed shall be adjusted in the subsequent running
bills by taking detailed measurements thereof. Final Payments shall be made only on the basis of detailed measurements.

CLAUSE -8: Bill to be submitted Monthly

A bill shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge
for all work executed in the previous month and the Engineer -in-charge shall take or cause to be taken the requisite
measurement for the purpose of having the same verified and the claim as far as admissible, adjusted as far as possible
before the expiry of ten days from the presentation of the bill. If the contractors do not submit the bill within the time
fixed as aforesaid, the Engineer -in-charge may depute with seven days of the date fixed as aforesaid, a subordinate to
measure up the said work in the presence of the contractor whose countersignature to the measurement list will be
sufficient and the Engineer-in-charge may prepare a bill from such list.

CLAUSE-8A: Contractor's to be given a week to file objections to the measurements recorded by Department before
taking any measurement of any work as has been referred to in clause 6,7 and 8 hereto the Engineer -in-charge or a
subordinate deputed by him shall give reasonable notice to the contractor .If the contractor fails to attend at the
measurements after such notice or fails to countersign or to record the difference within a week from the date of
measurement in the manner required by the Engineer -in-charge then in any such event the measurements taken by the
Engineer -in-charge or by the subordinate deputed by him as the case may shall be final and binding on the contractor and
the contractor shall have no right to dispute the same .

CLAUSE-9: Bill to be on Printed Forms.

The contractor shall submit all bills on the printed forms to be had on application from the office of the
Engineer -in-charge and the charges in the bills always be entered at the rates specified in the tender or in the case of any
extra works ordered in pursuance of these conditions and not mentioned or provided for in the tender at the rates
hereinafter provided for such work.
CLAUSE-9A: Payment of Contractors Bills to Bank.
Payment due to the contractor may, if so desired by him be made to his bank instead of direct to him ,
provided that the contractor furnishes to the Engineer -in- charge (1) authorization in the form of a legally valid document
6
Cont EE
such as a power of attorney conferring authority of the bank to receive and (2) his own acceptance of the correctness of
the account made out as being due to him by Government or his signature on the bill or other claim preferred against
Government, before settlement by the E-in-charge of the account of claim by payment to the bank, while the receipt given
by such bank shall constitute a full & sufficient discharge of payment, the contractor should wherever possible, present his
bills duly receipted and discharged through his bankers.

CLAUSE-10: Stores Supplied by Government

If the specifications of schedule of items provided for the use of any special materials to be supplied from
Engineer-in -charge 's stores or if it is required that the contractor shall use certain stores to be provided by the Engineer -
in -charge as shown in the schedule of materials here to annexed, the contractor shall be bound to procure and shall be
supplied such material and stores as are from time to time required to be used by him for the purpose of contract only and
the value of the full quantity of materials and stores so supplied at the rates specified in the said schedule of materials may
be set off or otherwise, or against or from the security deposit, or the proceeds of sale thereof if the same is held in
Government securities , the same or a sufficient portion thereof being in this case sold for the purpose. All materials so
supplied to the contractor shall remain the absolute property of the Government and shall not be removed on any account
from the site of the work and shall be at all time open to inspection by the Engineer- in -charge. Any such materials
remaining unused and in perfectly good condition at the time of the completion or termination in the contact shall be
returned to the Engineer- in - charge at a place directed by him , if by a notice in writing under no hand be hand be shall so
require but the contractor shall not be entitled to return any such material unless with such consent and shall have no claim
for compensation on account of any such materials so supplied to him as aforesaid not being used by him or for any
wastage in or damages to any such materials. On being required to return the store material the contractor shall hand over
the stores / material on being paid or credited such price as the Engineer- in- Charge shall determine having due regard to
the condition for the stores / materials. The price allowed to the contractor, however, shall not exceed the amount charged
to him excluding the storage if any. The decision of the Engineer - in -charge shall be final and conclusive. In the event of
breach of the aforesaid conditions, the contractor shall in addition to throwing himself open to account for contravention
of the terms and of the licenses or permit and / or for criminal breach of trust be liable to Govt. for all advantages or
profits resulting or which in the usual course would have resulted to him by reason of such breach. Provided that the
contractor shall in no case be entitled to any compensation or damages on account of any delay in supply or non - supply
thereof of all or any such material and stores. Provided further that the contractor shall be bound to execute the entire
work if the materials are supplied by the Govt. within the scheduled time for completion of the work plus 50 percent
thereof (Scheduled time 6 months if the time of completion of the work exceeds 12 months) but if a part only of the
materials has been supplied within the aforesaid period, then the contractor shall be bound to do so much of the work as
may be possible with the materials and stores supplied in the aforesaid period. For the completion of the rest of the work
the contractor shall be entitled to such extension of time as may be determined by the Engineer - in- charge whose
decision in this regard shall be final. Surplus materials which originally procured, by the contractor for themselves can
also be taken over by Govt. if required to use, other work in progress only on special arrangements and the prevailing
markets rates (i.e. rates at which the articles similar description can be procured at a given time at the stores go down,
from the public market suitable to division for the obtaining a supply thereof.

CLAUSE-10A: The Engineer-in-Charge shall have full powers to require the removal from the premises of all materials
which in his opinion are not in accordance with the specifications and in case of default, the Engineer-in-Charge shall be
at liberty to employ at the expense of the contractor, other persons to remove the same without being answerable or
accountable for any loss or damage that may happen or arise to such materials. The Engineer-in-Charge shall also have
full powers to require other proper materials to be substituted thereof and in case of default, the Engineer-in-Charge may
cause the same to be supplied and all costs which may attend such removal and substitution shall be borne by the
Contractor.

CLAUSE-10B: The contractor, on signing an indenture in the form to be specified by the Engineer-in-Charge, shall be
entitled to be paid during the progress of the execution of the work up to75% of the assessed value of any materials which
are in the opinion of the Engineer-in-Charge non-perishable, non-fragile and non-combustible and are in accordance with
the contract and which have been brought on the site in connection therewith and are adequately stored and/or protected
against damage by weather or other causes but which have not at the time of advance been incorporated in the works.
When materials on account of which an advance has been made under this sub-clause are incorporated in the work, the
amount of such advance shall be recovered/ deducted from the next payment made under any of the clause or clauses of
this contract.

CLAUSE-10C: Clause not applicable for this work, hence deleted.

CLAUSE-10CC: Clause not applicable for this work, hence deleted.
CLAUSE-10D: The contractor shall treat all materials obtained during dismantling of a structure, excavation of the site
for a work, etc. as Government’s property and such materials shall be disposed off to the best advantage of Government
according to the instructions in writing issued by the Engineer-in-Charge.

CLAUSE-10E: (i) Tendered rates are inclusive of all taxes and levies payable under the respective statutes .However
pursuant to the constitution (Forty Sixth Amendment) Act, 1982 If any further tax or levy is imposed by Statutes, after the
date receipt of tenders and the contractors there upon necessarily and properly pays such taxes / levies the contractor shall
be reimbursed the amount so paid provided such payment, if any, is not in the opinion of Superintending Engineer (whose
decision shall be final and binding ) attributable to delay in executing of work within the control of the contractor .
7
Cont EE
(ii) The contractor shall keep necessary books of account and other documents for the purpose of this condition as may be
necessary and shall allow inspection of the same by a duly authorized representative of Govt. and further shall furnish
such other information / documents as the Engineer -in -charge may require.

(iii) The contractor shall within a period of 30 days of imposition of any further tax or levy. Pursuant to the constitution
(Forty Six Amendment) Act, 1982 give a written notice thereof to the Engineer -in -charge that the same is given pursuant
to this condition together with all necessary information relating thereto.

RETURN OF EMPTY CEMENT BAGS:

CLAUSE-10F: (i) The recovery rate of cement is inclusive of cost of jute or paper bags. The contractor shall have to
return at least ninety percent of the cement jute bags in serviceable condition to the bag collecting agents. The payment for
the cost of empty cement bags will be made to the contractor by the bag collecting agents at the prevailing rate as fixed of
the D.G.S.&D. The contractor shall get the name of the bag collecting agents from the Engineer - in-charge in writing.
The contractor must produce the certificate on the printed letter head from the authorized bag collecting agents as proof
for the number of bags returned by him. The certificate must be produced by him while claiming payment against each
running bill. In case, the number of serviceable bags returned is less than 90% of the bags issued compensation at the rate
of rupee 1.26 per bags returned short of the minimum number shall be recovered from the contractor.

(ii) The contractor should send registered intimation to the Bags collecting agent of the cement factories for collecting the
bags within a period of 30 days. If the bag collecting anent fails to turn up within the specified period, the contractor shall
be at liberty to dispose of the bags.

(iii) In case the empty cement jute bags the required by HP JSV for bonafide use in work the Executive Engineer - in-
charge of the work shall have powers to collect the bags himself and the contractor shall have to return the desired empty
jute bags in serviceable condition to him on the same condition as for bag collecting agents.
CALUSE-11: Work to be executed in Accordance with Specifications, Drawings, Orders etc.
The contractor shall execute the whole and every part of the work in the most substantial and workmanlike manner
both as regards materials and otherwise in every respect in strict accordance with the specifications. The contractor shall
also conform exactly, fully and faithfully to the design, drawings and instructions in writing in respect of the work signed
by the Engineer-in-Charge and the contractor shall be furnished free of charge one copy of the contract documents
together with specifications, designs, drawings and instructions as are not included in the standard specifications of H.P
JSV Department compilation entitled specification of work 1987 Vol. -I or in any Bureau of Indian Standard or any other,
published standard or code or, Schedule of Rates or any other printed publication referred to elsewhere in the contract.

CALUSE-12: Alterations in Specifications and Designs: The Engineer-in-charge shall have power to make any
alteration in, omission from additions to or substitution for, the original specification, drawing designs and instructions,
that may appear to him to be necessary during the progress of the work, and the contractor shall carry out the work in
accordance with any instructions which may be given to him in writing signed by the Engineer-in -charge, and such
alterations, omissions, additions or substitutions shall not invalidate the contract and any altered additional or substituted
work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by
the contractor on the same conditions in all respect on which he is agreed to do the main work. The time for the
completion of the work shall be extended in the proportion that the altered, additional or substituted work bears to the
original contract work, and the certificate of the Engineer-in-charge shall be conclusive as to such proportion. Over and
above this, a further period to the extent of 25% of the time so extended shall be allowed to the contractor, but for the
extended period the contractor shall not be entitled for claim under 10-C. or 10CC. The rates for such additional, altered or
substituted work under this clause shall be worked out in accordance with the following provisions in their respective
order.

(i) If the rates for the additional, altered or substituted work are specified in the contract of work, the contractor is bound
to carry out the additional, altered or substituted work at the same rates as are specified in the contract for the work.
(ii) If the rates of the additional, altered or substituted work are not specifically provided in the contract for the work, the
rate will be derived from the rates for a similar class of work as are specified in the contract for the work. The
decision of Engineer-In charge about similar items for the purpose of this sub clause shall be final & conclusive.
(iii) If the altered, additional or substituted work includes any work for which no rate is specified in the contract for the
work and cannot be derived from the similar class of work in the contract then such work be carried out at the rates
of that item as mentioned in latest applicable H.P.PWD/JSV Schedule of Rates with up-to-date corrections of tender
minus / plus percentage which the total tendered amount bears to the estimated cost of entire work put to tender.
Provided always that if the rates for a particular part or part of the item are not in the schedule rates, the rate for such
part or parts will be determined by the Engineer-in-charge on the basis of prevailing market rate when the work was
done.
(iv) If the rates for the altered , additional or substituted work cannot be determined in the manner specified in sub clause
(i) to (iii) above, then the contractor shall, within 7 days of the date of receipt of order to carry out the work, inform
the Engineer-in -charge of the rates which he intends to charge for such class of work, supported by analysis of the
rates claimed and the Engineer-in-charge shall determine the rate or rates on the basis of prevailing market rates and
pay the contractor accordingly. However, the Engineer-in- charge, by notice in writing will be at liberty to cancel his
order to carry out such class or work and arrange to carry it out in such manner as he may consider appropriate. But
under no circumstances, the contractor shall suspend the work on the plea of non-settlement of rates of items falling
under this clause. Except in case of the items relating to foundation, provisions contained in sub clause (i) to (iv)
above shall not apply to contract or substituted items as individually exceed the percentage set out in the tender
document (referred to herein below as " deviation limit") subject to the following restrictions: -

8
Cont EE
(a) The deviation limit referred to above is the net effect (algebraic sum) of all additions and deduction ordered.

(b) In no case shall the amount of additions / deductions (arithmetical sum) exceed twice the deviation limit.

(c) The deviations ordered on items of any individuals trade included in the contract shall not exceed plus / minus 50% of
the value of that trade in the contract as a whole or half the deviation limit whichever is less.

(d) The value of additions of items of any individual trade not already included in the contract shall not exceed 10% of
the deviation limit. For the purpose of operation of clause 12 (iv) the following work shall be treated as work relating
to foundations.

(e) For building plinth level or 1.2 meter (4ft.) above ground level whichever is lower, excluding items for flooring and
DPC but including base concrete below the floors.

(f) For abutments piers, retaining walls of the culverts and bridges walls of the water reservoirs, up to the bed or floor
level.

(g) For retaining wall where floor level is not determinate, 1.2 meters above the average ground level or bed level.
(h) For roads, all items of excavation and filling including treatment of sub base and soling work.

(i) For water supply lines, sewer lines, underground Storm water drains, and all items of similar work below ground
level except items of pipe work & masonry work above Ground Level.

(j) For open storm water drains all items of work except lining of drains

(k) For water/Sewerage Treatment plant, intake, Storage tanks, flushing tanks etc. up to maximum 1.2 meter (4ft.)
above average ground level. (Additional Condition)

Note: Individual trade means the trade sections into which a schedule of quantities annexed to the agreement has been
divided or in the absence of any such division the individual sections of the H.P. PWD/Jal Shakti vibhag Schedule of
Rates specified above such as excavation and earth work, concrete, wood work & Journey etc.
The rates of any such work except the items relating to foundations which is in excess of the deviation limit shall be
determined in accordance with the provisions contained in clause 12-A.

CLAUSE-12A: In the case of contract or substituted items which individually exceed the quantity stipulated in the
contract by more than the deviation limit except the items relating to foundation work which the contractor is required to
do under clause 12 above, the contractor shall within 7 days from the receipt of order claim revision of the rates supported
by proper analysis in respect of such item for quantities in excess of the deviation limit notwithstanding the fact that the
rates for such items exist in the tender for the main work or can be derived in accordance with the provision of sub clause
(ii) of clause 12 and the Engineer-in-charge may revise their rates, having regard to the prevailing market rates and the
contractor shall be paid in accordance with the rare so fixed. In case the rates so fixed by Engineer-in-charge is not
acceptable to the contractor, the Engineer-in-charge shall be at liberty to cancel his order to carry out such increased
quantities of work by giving notice in writing to the contractor and arrange to carry it out in such manner as he may
consider advisable. But, under no circumstances the contractor shall suspend the work on the plea of non-settlement of
rates of items falling under this clause. All the provision of the preceding paragraph shall equally apply to the decrease in
the rate of items for quantities in excess of the deviation limit, notwithstanding the fact that the rates for such items exist
in the tender for the main work or can be derived in accordance with the provisions of sub clause (ii) of the preceding
clause 12 and the Engineer-in-charge may revise such rates having regard to the prevailing market rates.
CLAUSE-13: No compensation for alteration in the restriction of work to be carried out.
If at any time after the commencement of work, the Governor of H.P. shall for any reason what so ever not
require the whole work or part there of as specified in the tender to be carried out, The Engineer -in-charge shall give
notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on
account of any profit or advantages which he might have derived from the execution of the work in full, but which he
could not derive in consequence of the full amount of the work or part there-of have not been carried out, neither shall he
have any claim for compensation by reason of an alteration having been made in the original specifications, drawing,
designs and instructions which shall involve any curtailment of the work as originally contemplated. Provided that the
contractor shall be paid the charges in respect of the carriage of materials required for bonafide use on the work & the
material so purchased & brought to the site of the work by the contractor and rendered unused as a result of the
abandonment of the Work or curtailment of any portion thereof and then taken back by the contractor, provided however
that the Engineer -in-charge shall have in all such cases the option of taking over all or any such materials at their
purchases price or at local current rates whichever may be less.
In the case of such stores, having been issued from Govt. stores, supervision charges and storage
charges shall be refundable in addition to the issue rate of the material In the case of such stores having been issued from
Govt. stores and returned by contractor to Govt. stores credit shall be given to him by the Engineer -in-charge at rates not
exceeding those at which were stores were originally issued to him after taking into consideration any deduction for
claims resting on the part of contractor. The decision of Engineer -in -charge to this effect shall be final

CLAUSE-14: Action and compensation in case of bad work

If it shall appear to the Engineer-in-charge or his authorized subordinate in charge of the work that any work has
been executed with unsound, imperfect or unskilled workmanship or with materials of any inferior specification or that
any material or article provided by him for the execution of work is unsound or of a quality inferior to that contracted for
or otherwise not in accordance with the contract, the contractor on demand in writing which shall be made within six

9
Cont EE
months of the completion of the work from the Engineer-in -charge specifying the work, materials or articles complained
for notwithstanding that the same may have been passed, certified and paid for forthwith, shall rectify or remove and
reconstruct the work so specified in whole or in part as the case may require or as the case may be, remove the materials
or articles so specified and provide other proper and suitable materials or articles at his own risk and expense. In the event
of contractor failing to do so within a period as may be specified by the Engineer in charge in his aforesaid demand, the
contractor shall be liable to pay compensation at the rate of one percent on the tendered cost of the work for every day not
exceeding 10 days. The Engineer-in - charge may rectify or remove and re-execute the work or remove and replace the
materials or articles complained for as the case may be at the risk and expense of the contractors.
CLAUSE-15: Work to be opened to inspection
All works under or in course of execution or executed in pursuance of the contract, shall at all times be open and
accessible to the inspection and supervision of the Engineer-ln-charge, his authorized subordinates in charge of the work
and the contractor shall, at all times, during the usual working hours and at all other times at which reasonable notice of
the visit of such officers has been given to the contractor, either himself be present to receive orders and instructions or
have a responsible agent duly accredited in writing, present for that purpose. Orders given to the Contractor’s agent shall
be considered to have the same force as if they had been given to the contractor himself.

CLAUSE-16: Notice to be given before work covered up

The contractor shall give not less than seven days notice in writing to the Engineer -in- charge or his subordinate
in charge of the work before covering up hidden item of work which will be rendered beyond the measurement once
covered up i.e reinforcement in RCC work, foundation work etc. that the same may be measured and correct dimension
there-of be taken before the same is so covered up that items are placed beyond the reach of measurement. The contractor
shall not cover up such items of work without the consent in writing of the Engineer -in- charge or his subordinate in
charge of the work. Engineer -in- charge shall within the aforesaid period of seven days inspect the work and if any work
is covered up or placed beyond the reach of measurement without such notice having been given or without getting
consent of the Engineer-in-charge, the same shall be uncovered at the contractor's expense, or in default there-of no
payment or allowance shall be made for such work or the materials with which the same was executed.

CLAUSE-17: Contractor liable for damage done for imperfection noticed within the prescribed maintenance
period after the certificate.
If the contractor or his working people or servants shall break, deface, injure or destroy any part of building in
which they may be working, or any building, road, road kerb, fence, enclosure, water pipe, cables, drains, electric or
telephone post or wires, trees, grass or grassland, or cultivated ground contiguous to the premises on which the work or
any part is being executed, or if any damage shall happen to the work while in progress, from any cause whatever or if any
defect, shrinkage or other faults arise due to defective or improper materials or bad workmanship in respect of works other
than work costing Rs.20,000/-and below even after issue of a completion certificate by the Engineer-in-charge, the
contractor shall upon a receipt of a notice in writing in that behalf make the same good at his own expense i.e. form any
sums that may be then or at any time there-after may become due the contractor or from his security deposit except from
the portion pertaining to asphalted work which is Governed by sub- para (iii) of clause (35) shall not be refunded before
the expiry or six months in case of any work other than road work costing Rs.20,000 and below after the issue of the
certificate final or other wise of completion of work or till the final bill has been prepared and passed whichever is later ;
provided that in case of road work if in the opinion or Engineer-in-charge half of the security deposit is sufficient to meet
all the liabilities of the contractor under this contract half of the security deposit will be refundable after three months and
the remaining half after six months of the issue of the said certificate of completion or after the final bill has been prepared
and passed whichever is later.

CLAUSE-18: Contractor to supply paints, ladders, scaffolding etc.

The contractor shall provide at his own cost all materials (except such special materials, if
any, as may in accordance with the contract be supplied from the Engineer-in-Charge’s stores), machinery, tools & plants
In addition to this, appliances, implements, other plants, ladders, cordage, tackle, scaffolding and temporary works
required for the proper execution of the work, whether original, altered or substituted and whether included in the
specifications or other documents forming part of the contract or referred to in these conditions or not, or which may be
necessary for the purpose of satisfying or complying with the requirements of the Engineer-in-Charge as to any matter as
to which under these conditions he is entitled to be satisfied, or which he is entitled to require together with carriage
therefore to and from the work. The contractor shall also supply without charge the requisite number of persons with the
means and materials, necessary for the purpose of setting out works, and counting, weighing and assisting the
measurement for examination at any time and from time to time of the work or materials. Failing his so doing, the same
may be provided by the Engineer-in-Charge at the expense of the contractor and the expenses may be deducted, from any
money due to the contractor, under this contract or otherwise and/or from his security deposit or the proceeds of sale
thereof, or of a sufficient portions thereof.

CLAUSE-18A In every case in which by virtue of the provisions sub-section (1) of Section 12, of the Workmen’s
Compensation Act, 1923, Government is obliged to pay compensation to a workman employed by the contractor, in
execution of the works, Government will recover from the contractor, the amount of the compensation so paid; and,
without prejudice to the rights of the Government under sub-section (2) of Section 12, of the said Act, Government shall
be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by
Government to the contractor whether under this contract or otherwise. Government shall not be bound to contest any
claim made against it under sub-section (1) of Section 12, of the said Act, except on the written request of the contractor

10
Cont EE
and upon his giving to Government full security for all costs for which Government might become liable in consequence
of contesting such claim.

CLAUSE-18B: In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition)
Act, 1970, and of the Contract Labour (Regulation and Abolition) H.P. Rules , 1974, Government is obliged to pay any
amounts of wages to a workman employed by the contractor in execution of the works, or to incur any expenditure in
providing welfare and health amenities required to be provided under the above said Act and the rules under Clause 19H
or under the Rules framed by Government from time to time for the protection of health and sanitary arrangements for
workers employed by H.P. IPH Contractors, Government will recover from the contractor, the amount of wages so paid or
the amount of expenditure so incurred; and without prejudice to the rights of the Government under sub-section(2) of
Section 20, and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, Government
shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum
due by Government to the contractor whether under this contract or otherwise Government shall not be bound to contest
any claim made against it under sub-section (1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the
written request of the contractor and upon his giving to the Government full security for all costs for which Government
might become liable in contesting such claim.

CLAUSE-19: Labour: The contractor shall obtain a valid license under the Contract Labour (R&A) Act, 1970, and the
Contract Labour (Regulation and Abolition) H.P. Rules, 1974, before the commencement of the work, and continue to
have a valid license until the completion of the work. The contractor shall also abide by the provisions of the Child Labour
(Prohibition and Regulation) Act, 1986. The contractor shall also comply with the provisions of the building and other
Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 and the building and other
Construction Workers Welfare Cess Act, 1996. Any failure to fulfil these requirements shall attract the penal provisions of
this contract arising out of the resultant non-execution of the work.

CLAUSE-19A: Fair wages clause:

No labour below the age of fourteen years shall be employed on the work. No amount by way of commission or
otherwise is deducted or recovered by the jamadar from the wages of workman.

CLAUSE-19B: Payment of wages of Laborer’s:

(a) The contractor shall pay not less than fair wages to laborer’s engaged by him on the work, as per fair wages fixed
by the Govt. from time to as indicated below: Fair wages shall be applicable as notified by the H.P. Govt. and applicable
on the date of opening of the tender. The rates will be uniformly applicable to all areas including backward and tribal Area
of State w.e.f 01-01-94. In continuations of this office letter No. PWE-74 (MW) 95-Es-III 2118-2217 Dt.07-03-95 and
even file No. 20029-20128 dt. 19-03-96 a copy of notification No. Sharan (A) 4-27/93 II dated 26-11-96 from the deputy
secy. (lab) to the Govt. of H.P. Shimla -2. This has the approval of the Finance Deptt. Obtained vide their Dy No. 30 Dt.
28/11/95 as conveyed by the commissioner -cum-secretary (PW) to the Govt. of H.P. Shimla vide his letter No. PW(A)-
(5) 1/95 dated 07-03-95. (Fin Commissioner -cum -Secy. (Fin) to the Govt. of H.P. Shimla. No. Fin (PR) B (7)-33/2010
dt.24.05.2014.and Revision of Rates notification No. FIN-(PR) B (7)-33/2010 dated 5th April 2022.

S/ No. Category of Worker Revised Wages

effective from
1st April, 2023
1 Beldar (Mazdoor) / Casual labourer, Mate, Cook, Mali, T. Mate (Electrical), Chowkidar,
Helper, Sweeper, Cleaner Sewer man, Khalasi, Electrical Belder, Bhisti, Store Attendant,
Laboratory Assistant (Under Matric), Pump Attendant, Boat Man, Process Server, Whiter
Washer, Syce, Peon, Frash, Chainman, Unskilled labourer, Quarry Man, Jumper Man,
375.00
Driller, Spray man, Assistant Saw Mill Operator, Feller (Garani), Loggar Dresser
(Pachani), Climber (Looper), Zoo Animal Attendant, Fire Watcher, Grinder for chips
Flooring, Calliperman, Miscellaneous Laborer, Charcoal Burning Labour, Pipe Lineman,
Survey Khalasi, Bill Distributor, Ferro-Khalasi, Water Guard, Stone Dresser Keyman,
Assistant Fitter, Value man, Library Attendant (Class-IV).
2. Upholster, Carpenter (Grade IV), Firemen, Pump Operator cum -helper, Plumber 2nd class, 389.00
3. Painter 2nd class, White Washer, Bar Binder, Sawyer (Charanj), Muleteer 393.00
4. Telephone Attendant, Electrical Mistry, Refrigerator Mechanic, Fitter Gr -II, fitter Gr -1,
Turner, Fitter Structural, Black Smith, Welder Mechanic, Electrical Chargeman, Pump
Operator, Sand Plant Operator, Driver Oxygen Plant, Hot mix Plant Operator, Plumber Gr
-II, Plumber Gr- 1, Mason Gr - II, painter Gr-1, Blast man Gr-11, Floor finisher, Pipe Fitter 424.00
Gr-11, Mate Gr-1, Earth work Mistry, Work Inspector, Ferry Inspector, Store Munshi,
Forest Guard, Receptionist, Lab. Assistant, Electrician - II, Electrician Auto, Air
Compressor / Operator.
5. Carpenter Gr-III, Complaint Clerk, Assistant Operator, General Operator Telephone
Operator, Road Inspector, Work Supervisor, Store Clerk, Store Keeper, Water Work Clark,
Patwari, Cinema Projector Operator, Mechanic Computer, Plumber, Data Entry Operator,
Electrical Mistry, Tailor, Clerk, Saw Mill Operator, Plumber work mistry, Wireman, Asstt. 424.00
Pump Operator Price Store, Ledger Clerk, Bill Clerk, Meter Reader Assistant Store
Keeper, lab. Technician, Instrument Mechanic, Fetter Mechanic, Loader Operator, Charge
man.
6. Operator, Carpenter Grade II, Driver (Tractor /Jeep /Car /Truck / Boldozer/ Road Roller),
Driver Shawl, Stone Chiseler, Carpenter 2nd Class (Forest Department), Distempers 440.00
(Forest Deptt.) Masson 2nd Class (Forest Deptt.), Painter 1st Class (Forest Deptt.).
7. Junior Draftsman (Tracers), Junior Scale Steno, Agriculture Extension Officer 517.00
11
Cont EE
 Ship Modeling Instructor, Surveyor, Electrical Gr-I, Driller, Assistant Driller,
8. Junior Tailoring Miseries, Mason 1st Class (Forest Deptt.) Carpenter Gr-I, Assistant
517.00
Chemist, Foreman, Assistant Foreman, Carpenter (1st Class (Forest Deptt.)
9. Investigators, Auction Recorder, Computer Operator.
514.00
10 Instructors 587.00
11 Junior Engineer / Draftsman / Draftsman (Arch. Wing) 622.00
12 Hydro-geologist 693-00

Sd/-
Special Secretary (Fin)
to the Government of H.P.

This has the approval of the Finance Dedtt. obtained vide their Dy.No.30 dt. 28-02-95, as conveyed by the
commission-cum-secretary (PW) to the H.P. Shimla vide his letter No. PW (A)-C-(5) 1/95dt.07-03-95.

(b) The contractor shall, notwithstanding the provisions of any contract to the contrary, cause to be paid fair wage to
labour indirectly engaged on the work, including any labour engaged by his sub-contractors in connection with the said
work, as if the labour had been immediately employed by him.

(c) In respect of all labour directly or indirectly employed in the works for performance of the contractor’s part of
this contract, the contractor shall comply with or cause to be complied with the Central Public Works Department
contractor’s Labour Regulations made by Government from time to time in regard to payment of wages, wage period,
deductions from wages recovery of wages not paid and deductions un-authorized made, maintenance of wage books or
wage slips, publication of scale of wages and other terms of employment, inspection and submission of periodical returns
and all other matters of the like nature or as per the provisions of the Contract Labour (Regulation and Abolition) Act,
1970, and the Contract Labour (Regulation and Abolition) Central Rules, 1971, wherever applicable.

(d) The Executive Engineer concerned shall have the right 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 or workers by reason of non-
fulfillment of the conditions of the contract for the benefit of the workers, non-payment of wages or of deductions made
from his or their wages which are not justified by their terms of the contract or non-observance of the Regulations.

(e) The contractor shall comply with the provisions of the Payment of Wages Act, 1936, Minimum Wages Act,
1948, Employees Liability Act, 1938, Workmen’s Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity
Benefits Act, 1961, Interstate migrant Workmen (Regulation of Employment and condition of Service) Act .1979 and the
Contractor’s Labour (Regulation and Abolition) Act 1970, or the modifications thereof or any other laws relating thereto
and the rules made there under from time to time.

(f) The contractor shall indemnify and keep indemnified Government against payments to be made under and for the
observance of the laws aforesaid and the HP IPH Contractor’s Labour Regulations without prejudice to his right to claim
indemnity from his sub-contractors.

(g) The laws aforesaid shall be deemed to be a part of this contract and any breach thereof shall be deemed to be a
breach of this contract.

(h) Under the provision of Minimum Wages (Central) Rules, 1950, pradesh Administration Minimum Wages Rules
1978 the contractor is bound to allow to the labours directly or indirectly employed in the works one day rest for 6 days
continuous work and pay wages at the same rate as for duty. In the event of default, the Engineer-in-Charge shall have the
right to deduct the sum or sums not paid on account of wages for weekly holidays to any labours and pay the same to the
persons entitled thereto from any money due to the contractor by the Engineer-in-Charge concerned.

CLAUSE-19C: In respect of all labour directly or indirectly employed in the work for the performance of the
contractor’s part of this contract, the contractor shall at his own expense arrange for the safety provisions as per C.P.W.D.
Safety Code framed from time to time and shall at his own expense provide for all facilities in connection therewith. In
case the contractor fails to make arrangement and provide necessary facilities as aforesaid, he shall be liable to pay a
penalty of Rs.200/- for each default and in addition, the Engineer-in- Charge shall be at liberty to make arrangement and
provide facilities as aforesaid and recover the costs incurred in that behalf from the contractor.

CLAUSE-19D: The contractor shall submit by the 4th and 19th of every month, to the Engineer-in-Charge, a true
statement showing in respect of the second half of the preceding month and the first half of the current month
respectively: -
(1) the number of labourers employed by him on the work,
(2) their working hours,
(3) the wages paid to them,
(4) the accidents that occurred during the said fortnight showing the circumstances under which they happened and the
extent of damage and injury caused by them, and Wages paid to them, and
(5) The number of female workers who have been allowed maternity benefit according to Clause 19F and the
amount paid to them. Failing which the contractor shall be liable to pay to Government, a sum not exceeding Rs. 200/- for

12
Cont EE
each default or materially incorrect statement. The decision of the Engineer-in Charge shall be final in deducting from any
bill due to the contractor; the amount levied as fine and is binding on the contractor.

CLAUSE-19E: Health and Sanitary arrangement for Workers. In respect of all labour directly or indirectly employed in
the works for performance of contractors part of this agreement the contractor shall comply with or cause to be complied
with all the rules framed by Govt. form time to time for the protection of health & Sanitary arrangement for worker
employed by HP JSV & its contractor .

CLAUSE-19F: Materntiy Benefit Rules for female workers employed by Contractors Leave and pay during leave shall
be regulated as follows:
1. Leave : (i) in the case of delivery - maternity leave not exceeding 8 weeks, 4 weeks up to and including the day
of delivery and 4 weeks following that day,
(ii) In the case of miscarriage - upto 3 weeks from the date of miscarriage.
2. Pay : (i) In the case of delivery - leave pay during maternity leave will be at the rate of the women’s average
daily earnings, calculated on total wages earned on the days when full time work was done during a period of three
months immediately preceding the date on which she gives notice that she expects to be confined or at the rate of Rupee
one only a day whichever is greater.
(ii) In the case of miscarriage - leave pay at the rate of average daily earning calculated on the total
wages earned on the days when full time work was done during a period of three months immediately preceding the date
of such miscarriage.
3. Conditions for the grant of Maternity Leave:
No maternity leave benefit shall be admissible to a woman unless she has been employed for a total period of not less than
six months immediately preceding the date on which she proceeds on leave.

4. The contractor shall maintain a register of Maternity (Benefit) in the Prescribed Form as shown below, and the
same shall be kept at the place of work.

REGISTER OF MATERNITY BENEFIT (Clause 19-F of the Conditions of contract ) ]

Name and Address of the Contractor(s)................................................................................................................................
Name and location of the work..............................................................................................................................................

Name of Father / Husbands Name Nature of Period of actual Date on which notice of
employee Employment Appointment confinement give

1 2 3 4 5

Date of delivery / miscarriage Date on which maternity leave In case of ended

commenced
6 7 8

In case of miscarriage commenced Leave pay paid to the employees in In case of miscarriage rate of leave
case of delivery and rate of amt. amount pay
Commenced Ended Leave Paid Pay Paid
9 10 11 12 13. 14

Specimen form the register regarding maternity benefit admissible to the cotractor's lobour in Himachhal Pradesh Jal
Shakti Vbhag )
1. Name of work:-

13
Cont EE
2. Name of contractor.
3. Designation.
4. Date of appointment.
5. Name of woman and her husband 's name.
6. Date with months and years in which she is employed.
7. Date of discharge , dismissed , if any.
8. Date of production of certificate in respect of pregnancy.
9. Date on which the woman informs about the expected delivery.
10. Date of delivery / miscarriage / death.
11. Date of production of certificate in respect of delivery / miscarriage.
12. Date with the amount of maternity / death benefit paid in advance of expected delivery.
13. Date with the amount of subsequent payment of maternity benefit.
14. Name of the persons nominated by the woman to receive the payment of the maternity benefit after her death.
15. If women dies, the date of her death, the name of the person to whom maternity benefit amount was paid, the month
thereof and the date of payment .
16. Signature of the contractor authenticating entries in register.
17. Remark columns for the use of the inspecting Officer.

CLAUSE-19G: In the event of the contractor(s) committing a default or breach of any of the provisions of the Central
Public Works Department mannual, Contractor’s Labour Regulations and Model Rules
for the protection of health and sanitary arrangements for the workers as amended from time to time or furnishing any
information or submitting or filing any statement under the provisions of the above Regulations and Rules which is
materially incorrect, he/they shall, without prejudice to any other liability, pay to the Government a sum not exceeding Rs.
50/- for every default, breach or furnishing, making, submitting, filing such materially incorrect statements and in the
event of the contractor(s) defaulting continuously in this respect, the penalty may be enhanced to Rs. 50/- per day for each
day of default subject to a maximum of 5 per cent of the estimated cost of the work put to tender. The decision of the
Engineer-in-Charge shall be final and binding on the parties. Should it appear to the Engineer-in-Charge that the
contractor(s) is/are not properly observing and complying with the provisions of the HPJSV. Contractor’s Labour
Regulations and Model Rules and the provisions of the Contract Labour (Regulation and Abolition) Act 1970, and the
Contract Labour (R& A) Central Rules 1971, for the protection of health and sanitary arrangements for work-people
employed by the contractor(s) (hereinafter referred as “the said Rules”) the Engineer-in-Charge shall have power to give
notice in writing to the contractor(s) requiring that the said Rules be complied with and the amenities prescribed therein be
provided to the work-people within a reasonable time to be specified in the notice. If the contractor(s) shall fail within the
period specified in the notice to comply with and/observe the said Rules and to provide the amenities to the work-people
as aforesaid, the Engineer-in-Charge shall have the power to provide the amenities hereinbefore mentioned at the cost of
the contractor(s). The contractor(s) shall erect, make and maintain at his/their own expense and to approved standards all
necessary huts and sanitary arrangements required for his/their work-people on the site in connection with the execution of
the works, and if the same shall not have been erected or constructed, according to approved standards, the Engineer-in-
Charge shall have power to give notice in writing to the contractor(s) requiring that the said huts and sanitary
arrangements be remodelled and/or reconstructed according to approved standards, and if the contractor(s) shall fail to
remodel or reconstruct such huts and sanitary arrangements according to approved standards within the period specified in
the notice, the Engineer-in-Charge shall have the power to remodel or reconstruct such huts and sanitary arrangements
according to approved standards at the cost of the contractor(s).
CLAUSE-19H: The contractor(s) shall at his/their own cost provide his/their labour with a sufficient number of huts
(hereinafter referred to as the camp) of the following specifications on a suitable plot of land to be approved by the
Engineer-in-Charge.
(i ) (a) The minimum height of each hut at the eaves level shall be 2.10m (7 ft.) and the floor
area to be provided will be at the rate of 2.7 sq.m. (30 sq.ft.) for each member of the worker’s family staying with the
labourer.
(b) The contractor(s) shall in addition construct suitable cooking places having a minimum area of 1.80m x
1.50m (6’x5') adjacent to the hut for each family.
(c) The contractor(s) shall also construct temporary latrines and urinals for the use of the labourers each on
the scale of not less than four per each one hundred of the total strength, separate latrines and urinals being provided for
women.
(d) The contractor(s) shall construct sufficient number of bathing and washing places, one unit for every 25
persons residing in the camp. These bathing and washing places shall be suitably screened.

(ii) (a) All the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar or other
suitable local materials as may be approved by the Engineer-in-Charge. In case of sun-dried bricks, the walls should be
plastered with mud gobri on both sides. The floor may be kutcha but plastered with mud gobri and shall be at least 15 cm
(6") above the surrounding ground. The roofs shall be laid with thatch or any other materials as may be approved by the
Engineer-in-Charge and the contractor shall ensure that throughout the period of their occupation, the roofs remain water-
tight.
(b) The contractor(s) shall provide each hut with proper ventilation.
(c) All doors, windows, and ventilators shall be provided with suitable leaves for security purposes.

14
Cont EE
 (d) There shall be kept an open space of at least 7.2m (8 yards) between the rows of huts which may be
reduced to 6m (20 ft.) according to the availability of site with the approval of the Engineer-in-Charge. Back to back
construction will be allowed.

(iii) Water Supply:- The contractor(s) shall provide adequate supply of water for the use of labourers. The provisions
shall not be less than two gallons of pure and wholesome water per head per day for drinking purposes and three gallons
of clean water per head per day for bathing and washing purposes. Where piped water supply is available, supply shall be
at stand posts and where the supply is from wells or river, tanks which may be of metal or masonry, shall be provided. The
contractor(s) shall also at his/ their own cost make arrangements for laying pipe lines for water supply to his/ their labour
camp from the existing mains wherever available, and shall pay all fees and charges therefore.
(iv) The site selected for the camp shall be high ground, removed from jungle.
(v) Disposal of Excreta : The contractor(s) shall make necessary arrangements for the disposal of excreta from the
latrines by trenching or incineration which shall be according to the requirements laid down by the Local Health
Authorities. If trenching or incineration is not allowed, the contractor(s) shall make arrangements for the removal of the
excreta through the Municipal Committee/authority and inform it about the number of labourers employed so that
arrangements may be made by such Committee/authority for the removal of the excreta. All charges on this account shall
be borne by the contractor and paid direct by him to the Municipality/authority. The contractor shall provide one sweeper
for every eight seats in case of dry system.
(vi) Drainage : The contractor(s) shall provide efficient arrangements for draining away sullage water so as to keep
the camp neat and tidy.
(vii) The contractor(s) shall make necessary arrangements for keeping the camp area sufficiently lighted to avoid
accidents to the workers.
(viii) Sanitation : The contractor(s) shall make arrangements for conservancy and sanitation in the labour camps
according to the rules of the Local Public Health and Medical Authorities.

CLAUSE-19-I: The Engineer-in-Charge may require the contractor to dismiss or remove from the site of the work any
person or persons in the contractors’ employ upon the work who may be incompetent or misconduct himself and the
contractor shall forthwith comply with such requirements.

CLAUSE-19-J: It shall be the responsibility of the contractor to see that the building under construction is not occupied
by any body unauthorizedly during construction, and is handed over to the Engineer-in-Charge with vacant possession of
complete building. If such building though completed is occupied illegally, then the Engineer-in-Charge shall have the
option to refuse to accept the said building/buildings in that position. Any delay in acceptance on this account will be
treated as the delay in completion and for such delay, a levy upto 5% of tendered value of work may be imposed by the
Superintending Engineer whose decision shall be final both with regard to the justification and quantum and be binding on
the contractor. However, the Superintending Engineer, through a notice, may require the contractor to remove the illegal
occupation any time on or before construction and delivery.

CLAUSE-20: The contractor shall comply with all the provisions of the Minimum Wages Act, 1948, andContract Labour
(Regulation and Abolition) Act, 1970, amended from time to time and rules framed thereunder and other labour laws
affecting contract labour that may be brought into force from time to time.

CLAUSE-21: Works no to be sublet contract may be rescinded and security deposit for intended for subletting bringing
or if contractor becomes insolvent. The contract shall not be assigned or sublet the entire work or part there of without the
written approval of the Engineer-in -Charge. And if the contractor shall assign or sublet his contract, or attempt to do so,
or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to
do so, or if any bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise, shall either directly or
indirectly, be given, promised or offered by the contractor, or any of his servants or agent to any public officer or person
in the employ of Government in any way relating to his office or employment, or if any such officer or person shall
become in any way directly or indirectly interested in the contract, the Engineer-in-Charge on behalf of the Governor of
Himachal Pradesh shall have power to adopt the course specified in Clause 3 hereof in the interest of Government and in
the event of such course being adopted, the consequences specified in the said Clause 3 shall ensue.

CLAUSE-22: Sum payable by way of compensation to be considered as reasonable compensaation without

reference to actual loss.
All sums payable by way of compensation under any of these conditions shall be considered as reasonable
compensation to be applied to the use of Government without reference to the actual loss or damage sustained and
whether or not any damage shall have been sustained.

CLAUSE-23 : Change in consititution

Where the contractor is a partnership firm, the previous approval in writing of the Engineerin-Charge shall be
obtained before any change is made in the constitution of the firm. Where the contractor is an individual or a Hindu
undivided family business concern, such approval as aforesaid shall likewise be obtained before the contractor enters into
any partnership agreement where under the partnership firm would have the right to carry out the works hereby
undertaken by the contractor. If previous approval as aforesaid is not obtained, the contract shall be deemed to have been
assigned in contravention of Clause 21 hereof and the same action may be taken, and the same consequences shall ensue
as provided in the said Clause 21.

CLAUSE-24: Works to be under direction of Engineer -in -charge

15
Cont EE
 All works to be executed under the contract shall be executed under the direction and subject to the approval in
all respects of the Engineer-in-Charge who shall be entitled to direct at what point or points and in what manner they are
to be commenced, and from time to time carried on.

CLAUSE-25:
Except where otherwise provided in the contract on questions and disputes relating to the meaning of the
specification, design, drawing and instructions herein before mentioned and as to the quality of workmanship for materials
based on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating
to the contract, design, drawing, specification, estimate, instruction, order or these conditions or otherwise concerning the
works or the execution or failure to execute the same whether arising during the progress of the work or after the
completion or adornment thereof shall be referred to the departmental grievance redressal committee, as constituted by the
Government of Himachal Pradesh vide Secretary (JSV) letter No. Jal Shakti-B, E 5-3/2017 dated 27/02/2020. To examine
the claim of the aggrieved party or the contractor.

1 Engineer-in-Chief, Jal Shakti Vibhag HP. Chairman

2 Zonal Chief Engineer, Jal Shakti Vibhag HP. Member
3 Superintending Engineer, Jal Shakti Vibhag of concerned Circle. Member
4 Joint Controller (F&A) O/O Engineer-in-Chief, Jal Shakti Vibhag. Member Secretary
5 Executive Engineer, Jal Shakti Vibhag of concerned Division. Member
6 Deputy Dirctor (Legal) O/O Engineer-in-Chief, Jal Shakti Vibhag HP. Member

In case representation mady by aggrieved parties is found genuine in that eventually the department level
committee above will recommend the claim to the committee constituted at the level of Govt. Notified vide even number
dated 09/10/2017.
In case, of any dispute / difference further arising out of said contract, the same shall be subject to jurisdiction of
civil court within the territory of Himachal Pradesh.

CLAUSE-26: PATENT RIGHTS

The contractor shall fully indemnify and keep indemnified the Governor of Himachal Pradesh against any action,
claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall
pay any royalties which may be payable in respect of any article or part thereof included in the contract. In the event of
any claims made under or action brought against Government in respect of any such matters as aforesaid, the contractor
shall be immediately notified thereof and the contractor shall be at liberty, at his own expense, to settle any dispute or to
conduct any litigation that may arise therefrom, provided that the contractor shall not be liable to indemnify the Governor
of Himachal Pradesh if the infringement of the patent or design or any alleged patent or design right is the direct result of
an order passed by the Engineer-in-Charge in this behalf.

CLAUSE-27: Lump sum in estimates

When the estimate on which a tender is made includes lump sum in respect of parts of the work, the contractor
shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates as
are payable under this contract for such items, or if the part of the work in question is not, in the opinion of the Engineer-
in-Charge payable of measurement, the Engineer-in-Charge may at his discretion pay the lump-sum amount entered in the
estimate, and the certificate in writing of the Engineer-in-Charge shall be final and conclusive against the contractor with
regard to any sum or sums payable to him under the provisions of the clause.

CLAUSE-28: Action Where no specification

In the case of any class of work for which there is no such specifications as mentioned in Rule-1, such work shall
be carried out in accordance with the 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, if not available then as per
District Specifications. In case there are no such specifications as required above, the work shall be carried out in all
respects in accordance with the instructions and requirements of the Engineer-in-Charge.

CLAUSE-29: Withholding and lien in respect of sum claimed .

(1) Whenever any claim or claims for payment of a sum of money arises out of or under the contract or against the
contractor, the Engineer-in-Charge or the Government shall be entitled to withhold and also have a lien to retain such sum
or sums in whole or in part from the security, if any deposited by the contractor and for the purpose aforesaid, the
Engineerin- Charge or the Government shall be entitled to withhold the security deposit, if any, furnished as the case may
be and also have a lien over the same pending finalisation or adjudication of any such claim. In the event of the security
being insufficient to cover the claimed amount or amounts or if no security has been taken from the contractor, the
Engineer-in-Charge or the Government shall be entitled to withhold and have a lien to retain to the extent of such claimed
amount or amounts referred to above, from any sum or sums found payable or which may at any time thereafter become
payable to the contractor under the same contract or any other contract with the Engineer-in-Charge of the Government or
any contracting person through the Engineerin-Charge pending finalization of adjudication of any such claim.
(2) Government shall have the right to cause an audit and technical examination of the works and the final bills of
the contractor including all supporting vouchers, abstract, etc., to be made after payment of the final bill and if as a result
of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the
contractor under the contract or any work claimed to have been done by him under the contract and found not to have
been executed, the contractor shall be liable to refund the amount of over-payment and it shall be lawful for Government
to recover the same from him in the manner prescribed in sub-clause (i) of this clause or in any other manner legally
16
Cont EE
permissible; and if it is found that the contractor was paid less than what was due to him under the contract in respect of
any work executed by him under it, the amount of such under payment shall be duly paid by Government to the
contractor, without any interest thereon whatsoever. Provided that the Government shall not be entitled to recover any
sum overpaid, nor the contractor shall be entitled to payment of any sum paid short where such payment has been agreed
upon between the Superintending Engineer or Executive Engineer on the one hand and the contractor on the other under
any term of the contract permitting payment for work after assessment by the Superintending Engineer or the Executive
Engineer.

CLAUSE-29A: Lien in respect of claims in other Contracts.

Any sum of money due and payable to the contractor (including the security deposit returnable to him) under the
contract may be withheld or retained by way of lien by the Engineer-in-Charge or the Government or any other
contracting person or persons through Engineer-in-Charge against any claim of the Engineer-in-Charge or Government or
such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by
the contractor with the Engineer- in-Charge or the Government or with such other person or persons. It is an agreed term
of the contract that the sum of money so withheld or retained under this clause by the Engineer-in-Charge or the
Government will be kept withheld or retained as such by the Engineer-in-Charge or the Government or till his claim
arising out of the same contract or any other contract is either mutually settled or determined by the arbitration clause or
by the competent court, as the case may be and that the contractor shall have no claim for interest or damages whatsoever
on this account or on any other ground in respect of any sum of money withheld or retained under this clause and duly
notified as such to the contractor.

CLAUSE-30: Prohibition against the employment of coal mining or controlled area labour
The contractor shall not employ coal mining or controlled area labour falling under any category whatsoever on
or in connection with the work or recruit labour from area within a radius of 32km (20 miles) of the controlled area.
Subject as above the contractor shall employ imported labour only i.e., deposit imported labour or labour imported by
contractors from area, from which import is permitted. Where ceiling price for imported labour has been fixed by State or
Regional Labour Committees not more than that ceiling price shall be paid to the labour by the contractor. The contractor
shall immediately remove any labourer who may be pointed out by the Engineer-in-Charge as being a coal mining or
controlled area labourer. Failure to do so shall render the contractor liable to pay to Government a sum calculated at the
rate of Rs.10/- per day per labourer. The certificate of the Engineer-in-Charge about the number of coal mining or
controlled area labourer and the number of days for which they worked shall be final and binding upon all parties to this
contract. It is declared and agreed between the parties that the aforesaid stipulation in this clause is one in which the public
are interested within the meaning of the exception in Section 74 of Indian Contract Act, 1872.

CLAUSE-31: Condition relating to the supply of water

The contractor(s) shall make his/their own arrangements for water required for the work and nothing extra will be
paid for the same. This will be subject to the following conditions.
(i) That the water used by the contractor(s) shall be fit for construction purposes to the satisfaction of the Engineer-
in-Charge.
(ii) The Engineer-in-Charge shall make alternative arrangements for supply of water at the risk and cost of
contractor(s) if the arrangements made by the contractor(s) for procurement of water are in the opinion of the Engineer-in-
Charge, unsatisfactory.

CLAUSE-31A: Unfiltered Water if available may be supplied to the contractor by the department subject to the
following conditions:-
(i) The water charge @ 1.5 % (one and half percent) shall be recovered on gross amount of the work done.
(ii) The contractor(s) shall make his/their own arrangement of water connection and laying of pipelines from existing
main of source of supply.
(iii) The Department do not guarantee to maintain uninterrupted supply of water and it will be incumbent on the
contractor(s) to make alternative arrangements for water at his/ their own cost in the event of any temporary break down
in the Government water main so that the progress of his/their 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 break down.

CLAUSE-32A: (i) Where there is no piped water supply arrangement and the water is taken by the contractor from the
wells or hand pump constructed by the Government, no charge shall be recovered from the contractor on that account. The
contractor shall, however, draw water at such hours of the day that it does not interfere with the normal use for which the
hand pumps and wells are intended. He will also be responsible for all damage and abnormal repairs arising out of his use,
the cost of which shall be recoverable from him. The Engineer-in-Charge shall be the final authority to determine the cost
recoverable from the contractor on this account and his decision shall be binding on the contractor.

(ii) The contractor shall be allowed to construct temporary wells in Government land for taking water for construction
purposes only after he has got permission of the Engineer-in- Charge in writing. No charges shall be recovered from the
contractor on this account, but the contractor shall be required to provide necessary safety arrangements to avoid any
accidents or damage to adjacent buildings, roads and service lines. He shall be responsible for any accidents or damage
caused due to construction and subsequent maintenance of the wells and shall restore the ground to its original condition
after the wells are dismantled on completion of the work.

CLAUSE-33: RETURNS OF SURPLUS MATERIAL

Notwithstanding anything contained to the contrary in this contract, where any materials for the execution of the contract
are procured with the assistance of Government either by issue from Government stocks or purchase made under orders or
permits or licences issued by Government, the contractor shall hold the said materials economically and solely for the
purpose of the contract and not dispose of them without the written permission of the Government and return, if required
by the Engineer-in-Charge, all surplus or unserviceable materials that may be left with him after the completion of the
17
Cont EE
contract or at its termination for any reason whatsoever on being paid or credited such price as the Engineer-in-Charge
shall determine having due regard to the condition of the materials. The price allowed to the contractor however shall not
exceed the amount charged to him excluding the element of storage charges. The decision of the Engineerin- Charge shall
be final and conclusive. In the event of breach of the aforesaid condition, the contractor shall in addition to throwing
himself open to action for contravention of the terms of the licence or permit and/or for criminal breach of trust, be liable
to Government for all moneys, advantages or profits resulting or which in the usual course would have resulted to him by
reason of such breach.

CLAUSE-34: HIRE CHARGES OF PLANTS AND MACHINES

(a) The following plant and machinery required for the work will be issued to the contractor on hire on conditions
given below:

Sl. No. Description Hire Charges

Per Day Per Hour
1
2
3
4
5
6
7

(b) Plant and Machinery when supplied on hire charges shall be made over and taken back at the departmental
equipment yard/shed ...................... and the contractor shall bear the cost of carriage from the place of issue to the site of
work and back. The contractor shall be responsible to return the plant and machinery with condition in which it was
handed over to him, and he shall be responsible for all damage caused to the said plant and machinery at the site of work
or elsewhere in operation and otherwise during transit including damage to or loss of plant and for all losses due to his
failure to return the same soon after the completion of the work for which it was issued. The Engineer-in-charge shall be
the sole judge to determine the liability of the contractor and its extent in this regard and his decision shall be final and
binding on the contractor.

(c) The plant and machinery as stipulated above will be issued as and when available and if required by the
contractor. The contractor shall arrange his programme of work according to the availability of the plant and machinery
and no claim, whatsoever, will be entertained from him for any delay in supply by the Department.

(d) The hire charges shall be recovered at the prescribed rates from and inclusive of the date the plant and machinery
made over upto and inclusive of the date of the return in good order even though the same may not have been working for
any cause except major breakdown due to no fault of the contractor or faulty use requiring more than three working days
continuously (excluding intervening holidays and Sundays) for bringing the plant in order. The contractor shall
immediately intimate in writing to the Engineer-in- Charge when any plant or machinery gets out of order requiring major
repairs as aforesaid. The Engineer-in-Charge shall record the date and time of receipt of such intimation in the log sheet of
the plant or machinery. Based on this if the breakdown before lunch period or major breakdown will be computed
considering half a day’s breakdown on the day of complaint. If the breakdown occurs in the post lunch period of major
breakdown will be computed starting from the next working day. In case of any dispute under this clause, the decision of
the Superintending Engineer shall be final and binding on the contractor.
(e) The hire charges shown above are for each day of 8 hours (inclusive of the one hour lunch break) or part thereof. In
case of steam road roller , the period of 8 hours will be inclusive of time required to make up the boiler pressure before
start of work and to lower the boiler pressure at the close of work

(f) Hire charges will include service of operating staff as required and also supply of lubricating
oil and stores for cleaning purposes. Power fuel of approved type, firewood, kerosene oil etc. for running the plant and
machinery and also the full time chowkidar for guarding the plant and machinery against any loss or damage shall be
arranged by the contractor who shall be fully responsible for the safeguard and security of plant and machinery. The
contractor shall on or before the supply of plant and machinery sign an agreement indemnifying the Department against
any loss or damage caused to the plant and machinery either during transit or at site of work.

(g) Ordinarily, no plant and machinery shall work for more than 8 hours a day inclusive of one hour lunch break. In
case of an urgent work however, the Engineer-in-Charge may, at his discretion, allow the plant and machinery to be
worked for more than normal period of 8 hours a day. In that case, the hourly hire charges for overtime to be borne by the
contractor shall be 50% more than the normal proportionate hourly charges (1/8th of the daily charges) subject to a
minimum of half day’s normal charges on any particular day. For working out hire charges for over time, a period of half
an hour and above will be charged as one hour and a period of less than half an hour will be ignored.

(h) The contractor shall release the plant and machinery every tenth day for periodical servicing and/or wash out
which may take about three to four hours or more. Hire charges for full day shall be recovered from the contractor for the
day of servicing/ wash out irrespective of the period employed in servicing.

(i) The plant and machinery once issued to the contractor shall not be returned by him on account of lack of
arrangements of labour and materials, etc. on his part, the same will be returned only when they are required for major

18
Cont EE
repairs or when in the opinion of the Engineer-in-Charge, the work or a portion of work for which the same was issued is
completed.
Recovery on account of hire charge for road rollers shall be the minimum number of days worked out in the
asumption that a roller can consolidate per and maximum quantity of meterial, areas of surfacing as noted against each in
the ennexured statement (see attached annexure).

(j) Log Book for recording the hours of daily work for each of the plant and machinery supplied to the contractor
will be maintained by the Department and will be countersigned by the contractor or his authorized agent daily. In case the
contractor contests the correctness of the entries and/or fails to sign the Log Book, the decision of the Engineerin- Charge
shall be final and binding on him. Hire charges will be calculated according to the entries in the Log Book and will be
binding on the contractor. Recovery on account of hire charges for road rollers shall be made for the minimum number of
days worked out on the assumption that a roller can consolidate per day and maximum quantity of materials or area
surfacing as noted against each in the annexed statement (see attached annexure).

(k) In the case of concrete mixers, the contractors shall arrange to get the hopper cleaned and the drum washed at the
close of the work each day or each occasion.

(l) In case rollers for consolidation are employed by the contractor himself, log book for such rollers shall be
maintained in the same manner as is done in case of departmental rollers, maximum quantity of any items to be
consolidated for each roller-day shall also be same as in Annexure to Clause 34(j). For less use of rollers, recovery for the
less roller days shall be made at the stipulated issue rate.

(m) The contractor shall be responsible to return the plant and machinery in the condition in which it was handed
over to him and he shall be responsible for all damage caused to the said plant and machinery at the site of work or
elsewhere in operation or otherwise or during transit including damage to or loss of parts, and for all losses due to his
failure to return the same soon after the completion of the work for which it was issued. The Engineer-in-charge shall be
the sole judge to determine the liability of the contractor and its extent in this regard and his decision shall be final and
binding on the contractor.

SUPPLY OF CONCRETE MIXER ON HIRE

1. Mechanical concrete mixer for mixing the mortar and concrete will be supplied by the Govt. if any available and if
so required by the contractor and contractor shall bear the cost of its cartage from the store to the site of work and back .

2. The mixer shall be handed over and taken back at the mixer shed and hire charges shall be recovered at Rs...............
per day from the date the mixer is handed over to the date of its return irrespective of its being put into use or not except
for the major break-down during which period charges shall not be recovered .The breakdown for a period of full day or
more shall be considered as major breakdown .The certificate of the Engineer-in-charge for the period of breakdown shall
be final binding on the contractor.

3. The contractor shall have to engage a full time chowkidar for watch and ward of the concrete mixer and shall be
responsible for its safety . The chowkider for safe gurding the road roller shall be employed by the contractor whan these
are hired out to him and they shall sign an agreement indermnifying the department against any loss or damage caused to
the machine either during the transit at the site or work .
CLAUSE-35: CONDITION RELATING TO USE OF ASPHALTIC MATERIALS.
(i) The contractor undertakes to make arrangement for the supervision of the work by the
firm supplying the tar or bitumen used.
(ii) The contractor shall collect the total quantity of tar or bitumen required for the work as per standard formula,
before the process of painting is started and shall hypothecate it to the Engineer-in-Charge. If any bitumen or tar remains
unused on completion of the work on account of lesser use of materials in actual execution for reasons other than
authorized changes of specifications and abandonment of portion of work, a corresponding deduction equivalent to the
cost of unused materials as determined by the Engineer-in-Charge shall be made and the material return to the contractors.
Although the materials are hypothecated to Government, the contractor undertakes the responsibility for their proper
watch, safe custody and protection against all risks. The materials shall not be removed from site of work without the
consent of the Engineer-in- Charge in writing.
(iii) The contractor shall be responsible for rectifying defects noticed within a year from the date of completion of
the work and the portion of the security deposit relating to asphaltic work shall be refunded after the expiry of this period.

CLAUSE-36: The contractor shall employ the following technical staff during the execution of this work .
(i) For irrigation & water supply & Sewerage scheme project:- One qualified Engineer / Junior Engineer /
supervisor having experience of five years. The contractors may be asked to give the name and other details of the
Graduate Engineer / Dipoma Holder / Junior Engineer .Who he intends to employ or is employed for the work. The
contractor should give a certificate to the effect that the Engineer / Diploma Holder Junior Engineer is exculsively in his
employment. The technical staff should be available at site whenever required by Engineer-in-charge to take in structions.
In case to contractor fails to employ the technical staff as aforesaid , he shall liable to pay a reasonable amount not
exceeding a sum of Rs. 20,000/-(Rupees twenty thousand only) for each month of default in the case of qualified graduate
engineer & Rs. 15,000/- ( Rupees fifteen thousand) only for each month of fault in case of qualified Diploma Holder. The
decision of the Engineer-in-charge as to the period for which the required technical staff was not employed by the
contractor an as to the reasonableness of the amount to be deducted on this account shall be final and binding on the
contractor as to the amount and the contractor 's liability to pay the said amount.

19
Cont EE
(ii) For Sanitary and Water Supply Works:-The contractor shall employ the following technical staff during
the execution of this work. One qualified Junior Engineer with an experience of not less than five years out of which at
least one year should be sanitaty Engineering or water supply Works when the tendered cost of work to be executed is
more than Rs. 25,000/- only. The technical staff should be available at the site whenever required by the Engineer-in-
charge to take instructions. In case the contractor fails to employe the technical staff aforesaid he shall be liable to pay
reasonable amount not exceeding Rs. 7,000/- for each month of default. The decision of the Engineer-in-charge as to the
period for which the required technical staff was not employed by the contractor and as the reasonableness of the amount
to be deducted on this account shall be final and binding onthe contractor as the amount and the contractor 's liability to
pay the said amount.

CLAUSE-36A: “The contractor shall comply with the provisions of the Apprentices Act, 1961 and the rules and orders
issued thereunder from time to time. If he fails to do so, his failure will be a breach of the contract and the Superintending
Engineer may, in his discretion, cancel the contract. The contractor shall also be liable for any pecuniary liability arising
on account of any violation by him of the provisions of the said Act.”
CLAUSE-37: The whole work may be split up between two or more contractors or accepted in part and not in entirely, if
considered expedient.
G.S.T. CLAUSE
CLAUSE-38: (i) GST (except Service Tax), Building and other Construction Workers Welfare Cess or any other tax or
Cess in respect of this contract shall be payable by the contractor and Government shall not entertain any claim
whatsoever in this respect, 2% GST or as applicable on Gross amount of work done will be recoverable from all bills as
per provisions of GST Act. Such deductions will be subject to finalization by the GST authority in accordance with the
Act.
TIMER CLAUSE
(ii) If pursuant to or under any law, notification or order any royalty, cess or the like becomes payable by the
Government of Himachal Pradesh and does not any time become payable by the contractor to the State Government,
Local authorities in respect of any material used by the contractor in the works, then in such a case, it shall be lawful to
the Government of Himachal Pradesh and it will have the right and be entitled to recover the amount paid in the
circumstances as aforesaid from dues of the contractor.

CLAUSE-39: Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the Executive
Engineer on behalf of the Government of Himachal Pradesh shall have the option of terminating the contract without
compensation to the contractor.

CLAUSE-40: The contractor shall not be permitted to tender for works in Himachal Pradesh, Jal Shakti Vibhag circle
(Division in case of contractors of Horticulture / Nursery categories) responsible for award and execution of contracts in
which his near relative is posted as Divisional Accountant or as an officer in any capacity between the grades of the
Superintending Engineer and Junior Engineer (both inclusive). He shall also intimate the names of persons who are
working with him in any capacity or are subsequently employed by him and who are near relatives to any Gazetted
Officer in the Himachal Pradesh, Jal Shakti Vibhag. Any breach of this condition by the contractor would render him
liable to be removed from the approved list of contractors of this Department.

NOTE: - By the term “near relatives” is meant wife, husband, parents and grandparents, children and grand children,
brothers and sisters, uncles, aunts and cousins and their corresponding in-laws.

CLAUSE-41: No Engineer of gazetted rank or other gazetted officer employed in engineering or administrative duties in
Jal Shakti Vibhag of Himachal Pradesh Government shall work as a contractor or employee of a contractor for a period of
two year after his retirement from government service without the previous permission of Himachal Pradesh Government
in writing. This contract is liable to be cancelled if either the contractor or any of his employees is found at any time to be
such a person who had not obtained the permission of Himachal Pradesh Government as aforesaid, before submission of
the tender or engagement in the contractor’s service, as the case may be.
CLAUSE-42
(i) The contractor shall see that only the required quantities of materials are got issued. Any such material remaining
unused and in perfectly good condition at the time of completion or termination of the contract shall returned to the
Engineer-in-charge at a place where directed by him, if by a notice in writing under his hand, he shall so require. Credit
for such material will be given at the prevailing market rate not exceeding the amount charged from him, excluding the
storage charge levied at the time of issue of the materials to him. The contractor shall also not be entitled to cartage and
incidental charge for returning the surplus material from to the stores where from they were issued.
(ii) After the completion of work the theoretical quantity of cement to be used in the work shall be calculated on the
basis of HP PWD statement showing quantity of cement to be used in different items of work provided in the HP Schedule
of rates or in cases of non schedule items, lt shall be calculated on the basis of standard formula laid down by
Superintending Engineer of the concerned circle. Over this theoretical quantity of cement shall be allowed a variation up
to 5% Plus /minus for works the tendered cost of the work not more than Rs.2 lacs, up to 4%Plus/minus for works
tendered cost of the works is more than Rs.2 lakhs up to Rs. 5 lakhs and up to 3 % Plus /minus for works the tendered cost
of works in above 5 lakhs. The difference in quantity of cement actually issued to the contractor and the theoretical
quantity including authorize variations, if not returned by the contractor, shall be recovered at twice the issue rate
including storage charges, without prejudice to the provision of the relevant conditions regarding return of materials
Governing the contract. In the event of it being discovered that the quantity of cement used is less than the quantity
ascertained as herein before provided (allowing variations on the minus side as stipulated above) the cost of the quantity

20
Cont EE
of cement not used recovered from the contractor on the basis of stipulated issued rate including storage charges and
cartage to site.

(iii) The provisions of the foregoing sub-clause shall apply in the case of steel reinforcement of structural steel
section, except that theoretical quantity of steel shall be taken as the quantity required as per design or as authorized by the
Engineer-in-charge, including authorized lap pages, plus 5% wastage due to cutting in to pieces. Over this theoretical
quantity, plus 5% and minus 4% shall be allowed as variation due to wastage being less.

(iv) After the completion of the work, the actual quantity of cables (other than under-ground cables) wires, conduits /
G.I. pipes / G.I. / M.S. sheets used in the various items of works shall be calculated on the basis of the measurements
recorded in the measurement works books for purpose of payment and for assessing the consumption of materials used in
works. The differences in quantity of material actually issued to the contractor and quantity recorded in the Measurement
Book including the authorized variation as stated above if not returned by the contractor shall be recovered at twice the
issue rate including storage charges and cartage to site without prejudice to the provisions of the relevant conditions
regarding returned of materials governing the contract.

(v) The provision made above are without prejudice the right of the Government to take action against the contractor
under the condition of the contract for not doing the work according to the prescribed specification

(vi) After the completion of the work , theoretical quantity of bitumen to be used on work shall be calculated on the
basis of HP PWD statement showing quantities bitumen to be used in different items of work provided in the H.P.
Schedule of Rates or in respect of agreement which do not provide for or authorized application of the HP Schedule of
Rates the theoretical quantity of bitumen to be used on work shall be calculated on the basis of standard formula as laid
down by Superintending Engineer of the concerned circle . Over the said theoretical quantity of bitumen, a variation up to
plus (excess) 2-1/2percent shall be allowed.
The agreements which provide for free supply of bitumen, the value or price of the difference in the quantity of
bitumen actually issued to the contractor and the theoretical quantity including the above-mentioned authorized variation
if not returned by the contractor shall be recovered at twice the issue rate of Rs..................................... per M.T. i/c storage
charges without prejudice to the relevant conditions in the agreements regarding return of materials. In the event of it
being discovered the quantity of bitumen used by the contractor is less than the quantity calculated in the manner
aforesaid, there shall be no recovery for less use of bitumen (no variation on the lower side shall be allowed). The cost of
the quantity of bitumen not so used shall be recovered from the contractor on the basis of stipulated issue rate including
storage charge there of up to site.
The agreement which provides for supply of bitumen at a fixed rate , the value of price of differences in the
quantity of bitumen actually issued to the contractor and the theoretical quantity including the above mentioned authorized
variation , if not returned by the contractor , shall be recovered at twice the issue rate of bitumen plus cartage to site
including storage charges thereof without prejudice to the relevant conditions in the agreements regarding return of
materials governing the contract.
In the event of it being discovered that the quantity of bitumen used by the contractor is less than the quantity of
bitumen calculated in the manner aforesaid (no variation on the lower side shall be allowed), the cost for the quantity of
bitumen not so used shall be recovered from the contractor on the basis of stipulated issue rate including storage charge
and cartage there of up to site. This is without prejudice to the relevant conditions in the agreements regarding return of
materials governing the contract.
In the event of it being discovered that the quantity of bitumen used by the contractor is less than the quantity of
bitumen calculated in the manner aforesaid (no variation on the lower side shall be allowed), the cost for the quantity of
bitumen not so used shall be recovered from the contractor on the basis of stipulated issue rate including storage charges
and cartage there of up to site. This is without to prejudice to the relevant conditions in the agreements regarding return of
materials governing the contract.
In the event of it being that the quantity of bitumen by the contractor is less than the quantity of bitumen
calculated in the manner aforesaid (no variation on the lower side shall be allowed), the cost for the quantity of bitumen
not so used shall be recovered form the contractor on the basis of stipulated issue rate including storage charges and
cartage there of up to site. This is without prejudice to declaration of substandard nature of the work done.
CLAUSE-43: The percentage referred to at page (2) of the tender will be deducted from / added to the gross amount of
the bill for work done.
CLAUSE-44: Clause pertaining to damage to works in consequence of Hostilities of War like operations.
The work (whether fully constructed or not) and all materials, machines, tools and plants, scaffolding, temporary
buildings and other things connected therewith shall be at the risk of the contractor until the work has been delivered to
the Engineer-in-Charge and a certificate from him to that effect obtained. In the event of the work or any materials
properly brought to the site for incorporation in the work being damaged or destroyed in consequence of hostilities or
warlike operation, the contractor shall when ordered (in writing) by the Engineer-in-Charge to remove any debris from the
site, collect and properly stack or remove in store all serviceable materials salvaged from the damaged work and shall be
paid at the contract rates in accordance with the provision of this agreement for the work of clearing the site of debris,
stacking or removal of serviceable material and for reconstruction of all works ordered by the Engineer-in- Charge, such
payments being in addition to compensation upto the value of the work originally executed before being damaged or
destroyed and not paid for. In case of works damaged or destroyed but not already measured and paid for, the
compensation shall be assessed by the Executive Engineer upto Rs. 5,000/- and by the Superintending Engineer concerned
for a higher amount. The contractor shall be paid for the damages/destruction suffered and for restoring the material at the
rate based on analysis of rates tendered for in accordance with the provision of the contract. The certificate of the

21
Cont EE
Engineer-in-Charge regarding the quality and quantity of materials and the purpose for which they were collected shall be
final and binding on all parties to this contract.
Provided always that no compensation shall be payable for any loss in consequence of hostilities or warlike
operations (a) unless the contractor had taken all such precautions against air raid as are deemed necessary by the A.R.P.
Officers or the Engineer-in-Charge (b) for any material etc. not on the site of the work or for any tools, plant, machinery,
scaffolding, temporary building and other things not intended for the work.
In the event of the contractor having to carry out reconstruction as aforesaid, he shall be allowed such extension
of time for its completion as is considered reasonable by the Executive Engineer.

CLAUSE-45: The contractor shall comply with the provisions of the Apprentices Act, 1961 and the rules and orders
issued there under from time to time. If he fails to do so, his failure will be a breach of the contract and the Superintending
Engineer may, in his discretion, cancel the contract. The contractor shall also be liable for any pecuniary liability arising
on account of any violation by him of the provisions of the said Act.

CLAUSE-46: The contractor shall deposit royalty and obtain necessary permit for supply of the red Bajri, stone, Kankar,
etc. from local authorities.
(1) The contractor will produce a certified copy from the industries department that the royalty has been paid by him
on account of excavation of stones and sand from other than PWD, roads or alternatively recovery of the material
excavated and utilized in the construction as per the billed quantities shall be recovered by the department.
(2) The contractor shall have to purchase the timber to be used on works from any authorized dealer /agency and he
would produce necessary receipts / vouchers and a proof before releasing the payment or the wood work.

CLAUSE-47: Security deposit will not be re-funded till clearance certificates from Labour Officer is obtained by the
contractor.

Signature of Contractor
Executive Engineer,
JSV Division, Baddi,
District Solan (HP)

22
Cont EE
Schedule showing approximately materials to be supplied by the Jal Shakti Vibhag under clause 1 of the
conditions of contract for contract for work contracted to be executed and the rate at which they are to be
charged for.

Particulars Rates at which materials will be charged to Place of delivery

the contractor
Unit Rs. Paise

Cement P/Bag 350/- The material will be issued from

Divisional Store Baddi on proper
Tor Steel P/Qtl. 7000/-
approved Indents.
G.I. Pipes P/Rmt. Free of cost
Note: - The person or firms submitting the tender should see that the rates in the above schedule are filled up by the
Engineer-in-charge on the issue of the form prior to the submission of the tender.

SAFETY CODE
(REFERRED TO UNDERCLAUSE 19-C OF THE TENDER)
Safety code: -
(i) Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the ground, or
from solid construction except such short period work as can be done safely from ladders. When a ladder is used, an extra
mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well suitable footholds
and hand-hold shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1(¼
horizontal and 1 vertical.)

(ii) Scaffolding of staging more than 3.6 m (12ft.) above the ground or floor, swung or suspended from an overhead
support or erected with stationary support shall have a guard rail properly attached or bolted, braced and otherwise secured
at least 90 cm. (3ft.) high above the floor or platform of such scaffolding or staging and extending along the entire length
of the outside and ends there of 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.

(iii) Working platforms, gangways and stairways should be so constructed that they should not sag unduly or
unequally, and if the height of the platform or the gangway or the stairway is more than 3.6 m (12ft.) above ground level
or floor level, they should be closely boarded, should have adequate width and should be suitably fastened as described in
(2) above.

(iv) Every opening in the floor of a building or in a working platform shall be provided with suitable means to
prevent the fall of person or materials by providing suitable fencing or railing whose minimum height shall be 90 cm.
(3ft.)

(v) Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be
securely fixed. No portable single ladder shall be over 9m. (30ft.) in length while the width between side rails in rung
ladder shall in no case be less than 29 cm. (11½") for ladder upto and including 3 m. (10 ft.) in length. For longer ladders,
this width should be increased at least ¼” for each additional 30 cm. (1 foot) of length. Uniform step spacing of not more
than 30 cm shall be kept. Adequate precautions shall be taken to prevent danger from electrical equipment. No materials
on any of the sites or work shall be so stacked or placed as to cause danger or inconvenience to any person or the public.
The contractor shall provide all necessary fencing and lights to protect the public from accident and shall be bound to bear
the expenses of defence of every suit, action or other proceedings at law that may be brought by any person for injury
sustained owing to neglect of the above precautions and to pay any damages and cost which may be awarded in any such
suit; action or proceedings to any such person or which may, with the consent of the contractor, be paid to compensate any
claim by any such person.

(vi) Excavation and Trenching - All trenches 1.2 m. (4ft.) or more in depth, shall at all times be supplied with at
least one ladder for each 30 m. (100 ft.) in length or fraction thereof, Ladder shall extend from bottom of the trench to at
least 90 cm. (3ft.) above the surface of the ground. The side of the trenches which are 1.5 m. (5ft.) or more in depth shall
be stepped back to give suitable slope or securely held by timber bracing, so as to avoid the danger of sides collapsing.
The excavated materials shall not be placed within 1.5 m. (5ft.) 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, undermining or undercutting shall
be done.
(vii) Demolition - Before any demolition work is commenced and also during the progress of the work,
(a) All roads and open areas adjacent to the work site shall either be closed or suitably protected.
(b) No electric cable or apparatus which is liable to be a source of danger or a cable or apparatus used by the
operator shall remain electrically charged.
(c) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion or
flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe.

(viii) All necessary personal safety equipment as considered adequate by the Engineer-in-Charge should be kept
available for the use of the person employed on the site and maintained in a condition suitable for immediate use, and the
contractor should take adequate steps to ensure proper use of equipment by those concerned: - The following safety
equipment shall invariably be provided.
(a) Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided with protective
footwear and protective goggles.

23
Cont EE
 (b) Those engaged in white washing and mixing or stacking of cement bags or any material which is injurious to
the eyes shall be provided with protective goggles.
(c) Those engaged in welding works shall be provided with welder’s protective eye shields.
(d) Stone breaker shall be provided with protective goggles and protective clothing and seated at sufficiently safe
intervals.
(e) When workers are employed in sewers and manholes, which are in active use, the contractors shall ensure that
the manhole covers are opened and ventilated at least for an hour before the workers are allowed to get into the manholes,
and the manholes so opened shall be cordoned off with suitable railing and provided with warning signals or boards to
prevent accident to the public.
(f) The Contractor shall not employ men and women below the age of 18 years on the work of painting with
products containing lead in any form. Wherever men above the age of 18 are employed on the work of lead painting, the
following precaution should be taken: -
1 (i) No paint containing lead or lead products shall be used except in the form of paste or readymade paint.
(ii) Suitable face masks should be supplied for use by the workers when paint is applied in the form of spray or a
surface having lead paint is dry rubbed and scrapped.
(iii) Overalls shall be supplied by the contractors to the workmen and adequate facilities shall be provided to
enable the working painters to wash during and on the cessation of work.
(iv) (a) White lead, sulphate of lead or product containing this pigment, shall not be used in painting
operation except in the form of pastes or paint ready for use.
(b) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust caused by
dry rubbing down and scraping.
2 (a) adequate facilities shall be provided to enable working painters to wash during and on cessation of
work.
(b) Overall, shall be worn by working painters during the whole of working period.
(c) Suitable arrangement shall be made to prevent clothing put off during working hours being spoiled by
painting materials.
3 (a) Cases of lead poisoning and suspected lead poisoning shall be notified and shall be subsequently verified by
medical man appointed by competent authority of HP Jal Shakti Vibhag.
(b) The HP Jal Shakti Vibhag may require, when necessary medical examination of workers.

4 Instructions with regard to special hygienic precautions to be taken in the painting trade shall be
distributed to working painters.

ix). When the work is done near any place where there is risk of drowning, all necessary equipments should be
provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate
provision, should be made for prompt first aid treatment of all injuries likely to be obtained during the course of the work.

x). Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform to the
following standards or conditions: -
(i) (a) These shall be of good mechanical construction, sound materials and adequate strength and free from patent
defects and shall be kept repaired and in good working order.
(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and
adequate strength, and free from patent defects.
(ii) Every crane driver or hoisting appliance operator, shall be properly qualified and no person under the age of 21
years should be in charge of any hoisting machine including any scaffolding winch or give signals to operator.
(iii) In case of every hoisting 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 by adequate means. Every hoisting machine
and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine
having a variable safe working load each safe working load and the condition 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.
(iv) In case of departmental machines, the safe working load shall be notified by the Electrical Engineer-in-Charge.
As regards contractor’s machines the contractors 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 Electrical
Engineer concerned.
xi). Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be
provided with efficient safeguards. Hoisting appliances should be provided with such means as will reduce to the
minimum the risk of accidental descent of the load. Adequate precautions should be taken to reduce to the minimum the
risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical
installations which are already energized, insulating mats, wearing apparel, such as gloves, sleeves and boots as may be
necessary should be provided. The worker should not wear any rings, watches and carry keys or other materials which are
good conductors of electricity.
xii). All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe
condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities
should be provided at or near places of work.
xiii). These safety provisions should be brought to the notice of all concerned by display on notice board at a
prominent place at work spot. The person responsible for compliance of the safety code shall be named therein by the
contractor.

xiv). To ensure effective enforcement of the rules and regulation relating to safety precautions. The arrangements
made by contractor shall be open to inspection be the Labour Officer, Engineer-in-charge of the department or their
representatives.
24
Cont EE
xv). Notwithstanding the above clauses (i) to (xiv) there is nothing in these to exempt the contractor from the
operations of any other Act, or rules in force in the H.P. Government.

Model Rules for the Protection of Health and Sanitary Arrangements for Workers Employed by Himachal
Pradesh Public Works Department or its Contractors.

1. Application: - These rules shall apply to all buildings and construction works in charge of Himachal Pradesh
Jal Shakti Vibhag in which twenty or more workers are ordinarily employed or are proposed to be employed in any day
during the period during which the contract work is in progress.
2. Definitions: - (i) Work place means a place where twenty or more workers are ordinarily employed in
connection with construction work on any day during the period during which the contract work is in progress.
ii). Large work place means a place at which, at an average 500 or more workers are employed in connection
with constructions work.

3. First –Aid Facilities

i. At every work place, there shall be provided and maintained, so as to be easily accessible during working hours,
first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarily employed. The
appliances shall be kept in good order and in large work place they shall be placed under charge of a responsible person
who shall be available during working hours.
ii. The first aid box shall be distinctly marked with a red cross on white ground and contain the following
equipment, namely:
(a) The first-aid box shall be distinctly marked with a red cross on white back ground and shall contain the
following equipment: -
i. 6 small sterilized dressing.
ii. 3 medium size sterilized dressing.
iii. 3 large size sterilized dressing.
iv. 3 large size sterilized burn dressing.
v. 1(30ml) bottle containing a two percent alcoholic solution of iodine.
vi. 1(30ml) bottle containing salvolatile having the dose and mode and administration indicated on the label.
vii. 1 roll of adhesive plaster.
viii. 1 snake – bite lancet.
ix. 1(30gms) bottle of potassium permanganate crystal.
x. 1 pair scissors.
xi. 1 copy of the first aid leaf let issued by the Director, Health Services, Himachal Pradesh.
xii. A bottle of suitable surgical antiseptic solution. xiii). Ointment for burns. xiv). A bottle of suitable surgical
antiseptic solution.
(a) For work places in which the number of contract labour employed does not exceed 500-each first aid box shall
contain the following equipments.
i. 12 small sterilized dressing.
ii. 6 medium size sterilized dressing.
iii. 6 large size sterilized dressing.
iv. 6 (15 gms) packets sterilize cotton wools.
v. 1(60ml) bottle containing a two percent alcoholic solution of iodine.
vi. 1(60ml) bottle containing salvolatile having the dose and mode and administration indicated on the label.
vii. 1 rolls of adhesive plaster.
viii. 1 snake – bite lancet. xi). 1(30gms) bottle of potassium permanganate crystal. (x) 1 pair scissors.
ix. 1 copy of the first aid leaf let issued by the Director, Health Services, Himachal Pradesh.
x. A bottle of suitable surgical antiseptic solution.
xi. Ointment for burns.
xii. A bottle of suitable surgical antiseptic solution.

3. Adequate arrangements shall be made for immediate recoupment of the equipment when necessary.
4. Nothing except the prescribed contents shall be kept in the First-Aid-box.
5. The first Aid Box shall be kept in-charge of a responsible person who always be readily available during the
working hours of the work place.
6. A person in-charge of First-Aid box shall be a person trained in First-Aid treatment in work place where the
number of contract labour employed is 150 or more.
7. In work places where the number of contract labour employed in 500 or more and hospital facilities are not
available within easy distance of the work, first –Aid Posts shall be established and run by a trained Compounder. The
Compounder shall be on duty and shall be available at all hours when the workers are at work.
8. Where work places are situated in places which are not towns or cities, a suitable motor transport shall be kept
readily available to carry injured person or person suddenly taken ill to the nearest hospitals.

4. Drinking Water: - (a) In every work place, there shall be provided and maintained at suitable places easily
accessible to labour, a sufficient supply of cold water fit for drinking.

25
Cont EE
 (b) Where drinking water is obtained from an intermittent public water supply, each work place shall be
provided with storage where such drinking water shall be stored.
(c) Every water supply or storage shall be at a distance of not less than 50 feet 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 waterproof.
(d) 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: - (i) Adequate washing and bathing places shall be provided, separately for men and
women.
(ii) Such places shall be kept in clean and drained condition.

6. LATRINES AND URINALS: -

i). Latrines shall be provided in every work palace on the following scale, namely: -
(a) Where female is 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.
Provided that, where the number of males or females exceeds 100, it shall be sufficient
if there is one latrine for 25 males or females as the case may be upto the first 100, and
one for every 50 thereafter.
ii). Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and
fastenings.
7. Construction of Latrines: - The 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, Latrines shall not be of a
standard lower than borehole system.
(a) Where workers of both sexes are employed, there shall be displayed outside each block of latrine and urinal, a notice
in the language understood by the majority of the workers “For Men only” or “For Women Only” as the case may be.
(b) The notice shall also bear the figure of a man or of a woman, as the case may be.
(c) There shall be at least one urinal for male workers upto 50 and one for female workers upto fifty employed at a time,
provided that where the number of male or female workmen, as the case may be exceeds 500, it shall be sufficient if there
is one urinal for every 50 males or females upto the first 500 and one for every 100 or part thereafter.
(d) The latrines and urinals shall be adequately lighted and shall be maintained in a clean
and sanitary condition at all times.
(e) Latrines and urinals other than those connected with a flush sewage system shall comply
with the requirements of the Public Health Authorities.
(f) Water shall be provided by means of tap or otherwise so as to be conveniently accessible in
or near the latrines and urinals.

8. Disposal of excreta- Unless otherwise arranged for by the local sanitary authority, arrangements for proper disposal of
excreta by incineration at the work place shall be made by means of a suitable incinerator. Alternately excreta may be
disposed of by putting a layer of night soil at the bottom of a 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 to manure).
(ix) The contractor shall at his own expense, carry out all instructions issued to him by the Engineer-in-Charge to effect
proper disposal of night soil and other conservancy work in respect of the contractor’s workmen or employees on the site.
The contractor shall be responsible for payment of any charges which may be levied by Municipal or Cantonment
Authority for execution of such on his behalf.
9. Provision of shelters during rest- At every place there shall be provided, free of cost, four suitable sheds, two for
meals and the other two for rest separately for the use of men and women labour. The height of each shelter shall not be
less than 3 meters (10 ft.) from the floor level to the lowest part of the roof. These shall be kept clean and the space
provided shall be on the basis of 0.6 sq.m. (6 sft) per head Provided that the Engineer-in-Charge may permit subject to his
satisfaction, a portion of the building under construction or other alternative accommodation to be used for the purpose.
10. CRECHES: -
(i) At every work place, at which 20 or more women worker are ordinarily employed, there shall be provided
two rooms of reasonable dimensions for the use of their children under the age of six years. One room shall
be used as a play room for the children and the other as their bedroom. The rooms shall be constructed with
specifications as per clause 19H (ii) a,b & c.

(ii) The rooms shall be provided with suitable and sufficient openings for light and ventilation. There shall be
adequate provision of sweepers to keep the places clean.

(iii) The contractor shall supply adequate number of toys and games in the play room and sufficient number of
cots and beddings in the bed room.
(iv) The contractor shall provide one ayaa to look after the children in the creche when the
number of women workers does not exceed 50 and two when the number of women workers exceed 50.
(v) The use of the rooms earmarked as creches shall be restricted to children, their attendants and mothers of
the children.
11. CANTEEN: - (1) In every work place where the work regarding the employment of contractor labour is likely to
continue for six months and wherein contract labour numbering one hundred or more are ordinarily employed an
adequate canteen shall be provided by the contractor for the use of such contract labour.

26
Cont EE
 (2) The Canteen shall be maintained by the contractor in and efficient manner.
(3) The canteen shall consist of at least a dining hall, kitchen, store room, pantry and washing places separately for
workers and utensils.
(4) The canteen shall be sufficiently lighted at all times when any person has access to it.
(5) The floor shall be made of smooth and impervious material and inside walls shall be lime washed or colour washed at
least one in each year. Provided that the inside walls of the kitchen shall be lime washed every four months.
(6) The premises of the canteen shall be maintained in a clean and sanitary condition.
(7) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a
nuisance.
(8) Suitable arrangements shall be made for the collection and disposal or garbage.
(9) The dining hall shall accommodate at a time 30 percent of the contract labour working at a time. (10) The floor area of
the dining hall, excluding the area dinner occupied by the counter and any furniture except tables and chairs shall not be
less than one square meter per dinner to be accommodated as prescribed in sub rule 9,
11 (i) A portion of the dining hall, service counter shall be partitioned off and reserved for women workers in
proportion to their number.
(ii) Washing places for women shall be separate and screened to secure privacy.
(12) Sufficient tables, stools, chairs or benches shall be available for the number of dinners to be accommodated as
prescribed in sub rule 9
(13) (a) (i) There shall be provided and maintained sufficient utensils, crockery, furniture and any other equipment’s
necessary for the efficient running of the canteen.
(ii) The furniture, utensils and other equipments shall be maintained in a clean and hygienic condition.
(b) (i) Suitable clean clothes for the employees serving in the canteen shall be provided and maintained (ii) A
service counter if provided shall have top of smooth and impervious materials. (iii) Suitable facilities including
an adequate supply of hot water shall be provided for the cleaning of utensils and equipment’s.
(14). The food - stuffs and other items to be served in the canteen shall be in conformity with the normal habits of the
contractor labour.
(15). The charges for food-stuffs, beverages and any other items served in the canteen shall be based on No Profits, No
Loss and shall be conspicuously displayed in the canteen.
(16). In arriving at the price of food -stuffs, and other articles served in the canteen the following items shall not be
taken in to consideration as expenditure, namely.
(a) The rent of land and building.
(b) The depreciation and maintenance charges for the building and equipment are provided for in the canteen.
(c) The cost of purchase, repairs and replacement of equipment including furniture, cutlery and utensils.
(d) The water charges and other charges incurred for lighting and ventilation.
(e) The interest and amounts spend on the provision and maintenance and equipment provided for in the canteen.
(17) The accounts pertaining to the canteen shall be audited once every 12 months by registered accountants and auditors.
10 ANTI- MALARIAL PRECAUTION
The contractor shall at his own expense, conform to all anti- malarial instruction given to him by the
Engineer - in -charge including the filling up of any borrow pits which may have been dug by him.
11. The above rules shall be incorporated in the contractors and in notices inviting tenders and shall form an integral
part of the contractors.
Amendments: Government may, from time to time add to or amend these rules and issue such directions as it may
consider necessary for the purpose of removing any difficulty which may arise in the administration.

HIMACHAL PRADESH, JAL SHAKTI VIBHAG / PUBLIC WORKS DEPARTMENT CONTRACTORS

LABOUR REGULATIONS

Short Title: - This regulation may be called the Himachal Pradesh Jal Shakti Vibhag / Public Works Department
Contractor Labour Regulations. The labour advisory has decided that certain clauses may be added in the contract labour
regulation appearing in P.W.D. form 7 & 8 accordingly It has been decided that following amendments be made in said
forms under the rules mentioned against them.

1. MODEL RULES FOR THE PROTECTION HEALTH AND SANITARY ARRANGEMENTS FOR WORKER

(A) WELFARE AND HEALTH OF CONTRACT LABOUR: The following clauses may added as (a) and (b)
regulations: -
(a) It is the responsibility of the Contractor to provide canteen, rest room / shelter, drinking water, latrine, urinals
washing facilities and first aid boxes on the prescribed scales within 7 days of the commencement of the employment of
contract labour. The rest room or alternative accommodation within 15 days and canteen within 60 days to be provided.
(b) If the amenities provide under section 16to 19 for the contract labour is not provided by the contractor then such
amenities have to be provided by the principal employer within such time, and all expenses incurred by the principal
employer in providing the amenities be recovered from the contractor by the principal employer by deduction from an
amount payable to the contractor.

(B) CONTRACT LABOUR REGULATIONS

REGISTRATION: - Every principal Employer of an establishment in which 20 or more workmen have been employed
as contract labour has to obtain a certificate of registration for this establishment from the Registering Office (Labour) of
27
Cont EE
the area in which his establishment is located within 7 days from the date of constitution of the establishment covered
under the Act.

2. LICENSING OF CONTRACTORS:
Every contractor to whom the Act Applies (i.e. the employees 20 or more workmen) has to obtain license from
Licensing Officer (labour Officer) of the area in which the establishment is located. After 31st December, 1976, no
contractor covered under the Act, shall undertake or execute any work through contract labour except under and in
accordance with the license issued in that behalf by the Licensing Officer within the territory of the Himachal Pradesh.
The work “Principal Employer “may be added before the work contract first line of regulation No 6 with will be
read under. Labour record (i) The Principal employer / contractor shall maintain a register of persons employed on work
on contact on from xiii of the CL (R&L) H P Rules 1874 (Appendix B)

3 ANNUAL /HALF YEARLY RETURNS:

Every contractor is to send half yearly return in form No xxiv (in duplicate) which should reach the Licensing
Officer within 30 days from the close of that half year.
Every Principal Employer of a registered Establishment is also to send annually a return in form No. xxv(in
duplicate ) so as to reach the Registering Officer by 15th February , following the end of the year to which it relates.
Note: - Any person required to produce any document or thing or to give information required shall be deemed
to be legally bound to do so within the meaning of 175 and 176 of the India Penal Code. The provision of the Code of
Criminal Procedure, 1989 shall so far as may be, apply to any search or seizure under section (2) as they to any search or
seizure made under the authority of a W. A. (Rent) issued under section 94 of the said code.
The following clause may be added under regulation 2(i) (c)(ii)

PAYMENT OF MINIMUM RATES OF WAGES

The employer has to pay to every employee and in a scheduled employment under him wages at a rate not less
than the minimum rate if wages fixed by the Govt. for that class of employees in that employment without any detections
except as may be authorized before the expiry of the seven days (In case of establishment in which less than 1000
employees) or before the expiry of the 10 days (In case of other establishment) After the last days of the wage paid in
respect of which are payable).
The following clause may be added as 2 (i), C (iv).

1. OVER TIME /EXTRA FOR OVER TIME:

Where an employee whose minimum rates of wages fixed under the Act. may on any day in excess of the
number of hours constituting a normal working day , the employer is to pay him for every hours including over time shall
not exceed 10 hours in a day or 60 hours in a weak , provide that the total over time shall not exceed 50 hours in a period
of three months .
The following may be added as added as paragraph 2 to regulation No. 2 (i) (1):
2. WEAKLY DAY OF REST:
An employee in scheduled employment is to be allowed a day of rest every week which shall ordinarily be
Sunday but the employer may fix any other day of the week as the rest day for any employee or class of employee in the
schedule employment.

Provided he has been in continuous employment for six days. Further no employee is to be engaged on work for
more than 10 days consequently without a rest day for full one day.
The following clause may be added as regulation No. 2(c) (iv)and 2(c) (v): -

i. CONTRACT LABOUR (R&A) ACT, 1970

Principal Employer, means
(i) In relation to any office department of the Govt. of a local authority, the Head of that office or department or
such other officer that the Government or the local authority, as the case may be, specify in this behalf.
(ii) In a factory, the owner or occupier of the factory and where a person has been named as the Manager of the
factory under the Factory, the owner or occupier of the factory and where a person has been named as the Manager of
the Factories Act, 1948 (63 of 1948), the person so named.
(iii): -------------------------------------
(iv): -------------------------------------

ii. THE INTER STATE MIGRATE WORKMEN (RE & CS) ACT, 1979
"Principal Employer" means:
(i) In relation to any office of department of the Govt. or a local authority, the Head of that office or department
or such other officer and that the Government or the local authority, as the case may be, may specify in this
behalf.
(ii) In relation to a factory, of occupier of the factory and where a person has been named as the Manager of the
factory under the Factories Act, 1948, the person so named.
(iii) …………………………………
(iv) In relation to any other establishment, any person responsible for the supervision and control of the
establishment.
The following clauses may be added as clauses (iii) in the place of the existing.
28
Cont EE
6. FORM OF REGISTERS AND RECORDS: -

(i) A Register of wages shall be maintained by every employer and kept at work site in such form as may be
convenient to him and shall include the following particulars.
(a) The minimum rates of wages payable to each person employed.
(b) The number of days for which each employed for each wage period.
(c) The gross wages of each person employed person worked over time for each wages period.
(d) All deduction made from these wages, with an indication in each case, of the kind of deduction s mentioned in
sub rule (2) of rule 22.
(e) The wages actually paid to each person employed for each wage period and the date of payment.
(ii) Wages slips containing the aforesaid particulars and such other particulars as may be notified by the State
Government shall be issued by every person employed by him at least a day period to the disbursement of wages.
(iii). Every employed shall get the signature or the thumb impression of every person employed on the wage book and
wage slip. (iv) Entries in the register of wages and wage slip shall we authenticated by the employer or any person
authorized by him in this behalf. (V) A muster roll shall be maintained by every employer and kept in form VI. (vi). A
register of employees shall be maintained by every employer at the works / not in form VIII.
Not with standing anything contained in this rule where a combined form in sought to be used by the employer to
avoid duplication of work for compliance with the provisions of any other Act of rules farmed there under an alternative
suitable from in lieu of any of the forms by prescribed under this rule may be used with previous approval of the labor
Commissioner, Himachal Pradesh.
Provided that the state Govt. on sufficient cause being shown, may be notification in the official gazette, exempt
a schedule employment or unit of such employment, conditionally or otherwise from the observance of any of
requirements under this rule or may very these requirements, in respect of the employers or a class or classes or employees
in such employment.
7. RETURNS
All registers viz. Deduction register from-Ι. Fire register form-ΙI. Overtime register of wages, Register of
Employees in form VII and Muster roil in form VI has to be preserved for a period of there years after the date of last
entry made their in. Every employer is required to send annually a return in form –III in from –III so as 1st February,
following the end to the year which it relates.
The following may be added as Para 2 to regulation No. 2(c) (II):

8. NOTICE/ PUBLICITY TO THE MINIMUM WAGES:

Notice in form IV containing the minimum rates of wages fixed by the Government and the name and address of
the inspector shall be displayed in the language understood by the majority of workers, at the main entrance of the
establishment.
Note: Every inspector shall be deemed to be public servant within the meaning of the Indian Penal Code.
Any person required to produce any document or thing or give any information desired by and Inspector Under
the Act shall be legally to do so within the meaning of section 175 of the Indian Penal Code. The rule relating inter-state
Migrant, Workman may be appended in form PWD 7 & 8.

THE INTER STATE MIGRANT WORKMEN REGULATION OF EMPLOYMENT AND CONDITION OF

SERVICE ACT, 1979
Himachal Pradesh Inter-State Migrant Workmen (EC & CS) Rules, 1983.
1. REGISTRATION:
i). Every Principal employer of a establishment in which 5 or more Inter-State Migrant Workmen have been
employed has to obtain a certificate of Registration of his establishment from the Registering Officer (Labor Officer) of
the area in which his establishment is located within the prescribed period from the date constitution the Establishment
covered under the Act.

2. LICENSING OF CONTRACTORS
Every contractor who engaged 5 or more Inter –State Migrant Workmen has obtained a license from the licensing officer
(Labour Officer) of the area in which the establishment is located. No contractor, covered under the Act. Shall undertake
or execute any work through the Inter State Migrant Workmen except under and in accordance with a license issued in
that behalf by the licensing officer within the territory of the Himachal Pradesh.
3. DUTIES AND OBLIGATION OF CONTRACTOR:
It is statutorily compulsory for every contractor- (a) To furnish particulars of migrant Workmen in form X within fifteen
days to the Labour Officer (b) To issue a PASS BOOK to every state migrant workman affixed with a passport size
photograph of the Workmen. (c) To furnish a (Page no-30)

4. PAYMENT OF WAGES AND OTHER ALLOWANCES:

(i) The migrant workman has to be paid wages at par with a workman of principal Employer at the same of
similar kind of work, as being performed by the employees of Principal Employer in the establishment, and which in no
case shall be less than the Wages, fixed under the Minimum wages Act, 1949.

5. DISPLACEMENT ALLOWANCE:

29
Cont EE
 The contractor has to every migrant workman at the time of recruitment a DISPLACEMENT ALLOWANCE
equal to 5% of the monthly, wages payable to him or Rs.75/-whichever is HIGHER, this amount paid on account of
displacement allowances is not refundable and is in addition to the wages or other amount payable to him.

6. JOURNEY ALLOWANCE:
A journey allowance of a sum not less than the fare from the place of residence of the Inter-state migrant
workman in his State to the place of work in the other State has to Paid by the contractor to the workman both the outward
and return journey. Such Workman gets also entitled payment of wages during the period of such journey as if he was on
duty.

7. OTHER FACILITIES:
Every contractor employing interstate migrant workman (men) in connection with the Work of establishment
which the Act applies is responsible for:

i). To ensure regular payment to wages to such workmen. (ii) To ensure equal pay for equal work irrespective of
sex. (iii) To provide and maintain suitable residential accommodation: (iv) To provide the prescribed medical facilities:
(v) To provide the protective clothing as provided under rule 38 and (vi) In case of total accident or serious bodily injury
to any workman, to report to the Labour Officer/ Labour Commissioner of both state and also the next of kinds of the
workman.

The contractor is also required to make the payment of wages also due allowances to each inter-state migrate
workmen employed by him in the presence of nominated and authorize representative of the Principal Employer and it
shall be the duty of such representative of certify the amount paid as wages dues and allowance.

8. LIABILITY OF PRINCIPAL EMPLOYER: -

Wherein the case the contractor fails to make the payment of wages within the prescribed period or makes short
payment then the principal employer shall be liable to make the payment of the wages in full or the unpaid balance due, as
the case may be to the inter-state migrant workmen employed by the contractor.
If any allowance required to be paid under section 15 to an inter- state migrant workman employed in an
establishment to which this Act applies is not paid by the contractor of any facilities shall be provided by the principal
employer within the prescribed period at the expenses of the contractor.
Return in form Xi regarding migrate workman who have ceased to be employed to the labour officer in the area
within fifteen days from the migrant workman ceased to be employed.

(1) Definitions: - In this regulation, unless otherwise expressed or indicated the following words and expression shall
have the meaning hereby assigned to them respectively, that is to say: -
(i) 'Labour' means workers employed by Jal Shakti vibhag contractor directly or indirectly through a sub, contractor or
other persons or by an agent on his behalf on a payment not exceeding Rs. 400 per month and will not include supervisory
staff like junior Engineer etc.
(ii) 'Fair Wages' means wages whether free time or piece work notified at the time of inviting tenders for the work and
such wages have not been so notified, the wages prescribed by the Himachal Pradesh Jal Shakti Vibhag / Public Works
Department for wages the District which the work is done (it will be notified/prescribed by the Himachal Pradesh Jal
Shakti Vibhag in consultation with the officer of the industrial Relation Machinery located in the respective areas and will
not be less than the minimum rates of wages fixed by the Govt. for that class or employee engaged on the same type of
work in the same area )
(iii) 'Contractor' shall include every person whether s sub-contractor or head-man or agent, employing labour on the
work taken on contract.
(iv) Wages shall have the same meaning as defined in the payment of Wages Act and includes time and piece rate
wages.

(2) Working hours: - (a) Normally working hours of an adult employee should not exceed 9 hours a day and in case of
child 4-12 hours a day. The working day shall be so arranged that inclusive or interval for rest, if any it shall not spread
over more than 12 hours on any day.
(b) When a adult worker is made to work for more than 9 hours on any day or for than 48 hours of any week he shall be
paid overtime of the extra hours put in by him at double the ordinary rate of wages. Children shall not be made to work
extra hours.
(c) Every worker shall be given a paid weekly holiday normally on Sunday.
(d) In accordance with the provision Minimum wages control Rules, 1978 as a amended from time to time irrespective of
whether such workers are to be governed by the Minimum Wages Act, 1948, or not.

(3) Display of notice regarding wages etc. The contractor shall (a) Before he commences his work on contract, display
and correctly maintain and continue to display and correctly maintain in a clean and legible condition in conspicuous
places on the notices in English and in the local Indian languages spoken by the majority of the workers, giving the rate if
wages shall have been certified by the Executive Engineer, the Superintending Engineer, or Regulation Labour
Commissioner, as fair wages and the a Superintending Engineer, the Chief Engineer, or Regulation Labour Commissioner,
as fair wages and the hours of work for which such wages are earned,(b) Send a copy of such notices to the certifying
officer.
30
Cont EE
(4) Payment of wages
(i) Wages due to every worker shall be paid to him direct.
(ii) All wages shall be paid in current coins or currency or in both.
(iii) Arrears claimed after 2 months after completion of work shall not be entertained.

5. Fixation of wages periods: - (i) The contractor shall fix the wages periods in respect of which the wages shall be
payable. (II)No wages period shall exceed one month. (iii) Wages of every worker employed on the contract shall be
paid.(a) In case of establishments in which wages period is one week within 3 day from end of the wages period and (b) In
case of other establishment before the expiry of the 7th day or 10th day from end of the wages period and according as the
number of workers employed in such establishment does not exceed 1000 or exceeds 1,000(iv) when the employment of
any worker in terminated by or on behalf of the contractor the wages earned by him shall be paid before the expiry of the
day succeeding thereon on which his employment is terminated.(v) All payment of wages shall be made on a working day
except when the work is completed before the expiry, of the wages period, in which case final payment shall be made
within 48 hours of the last working day at work site and during the working time.

Note: - The term 'Working day' means a day on which the work on which the labour is employed is in progress.
6 Wages Book and Wages slip etc: - (i) The contractor shall maintain a wage Book of each worker in such form
as may be convenient at the place of work, but the same shall include the following particulars: -
(a) Name of the worker.
(b) Rate of daily or monthly wages.
(c) Nature of work on which employed.
(d) Total number of days worked during each wage period.
(e) Dates and periods for which worked overtime.
(f) Gross wages payable for the work during each wage period.
(g) All deductions made from the wage with an indication in each case of the ground for which the deduction is made.
(h) Wages actually paid for each wage period.
i). Signature or thumb impression of the workers.
(ii) The contractor shall also issue a slip containing the aforesaid particulars to each worker employed by him on
the work at least a day prior to the day of disbursement of wages.
(iii) The contractor shall issue on Employment card in the prescribed from iii to each worker on the day work on
entry into his employment. If the worker has already any such card with him from the previous employer, The
contractor shall merely endorse that Employment Card with relevant entries. On termination of employment the
Employment Card shall again be endorsed by the contractor and return to the worker.
(iv) Wage book and wage slip etc: - The contractor shall be issued and attendance cum wage card as perform iv
on this page to each worker on the day of work or entry into his employment.

Signature of Contractor Executive Engineer,

JSV Division, Baddi,
District Solan (HP)

31
Cont EE
 FORM IV
ATTENDANCE-CUM-WAGE CARD

Card No. Dated

Name of contractor Name of worker
Name of work Address
Designation Rate of Wage

Date Attendance signature of person marking attendance Remarks

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

7. Register of unpaid wages: - The contractor shall maintain a register of unpaid wages in such from as may be
convenient at the place of work but the same shall include the following particulars: -
a). Full particulars of the laborers whose wages have not been paid.
b). Reference number of the muster roll and wages register.
c). Rate of wages.
d). Wages period.
e). Total amount not paid
f). Reasons for not making payment
g). How the amount of unpaid wages was utilized.
h). Acquaintance with dates.

8. Register of accidents: - The contractor shall maintain a register of Accidents in such from as may be convenient at the
work place but the same shall include the following particulars: -
(a) Full particulars of the labors who met with accident.
(b) Rate of wages.
(c) Sex
(d) Age
(e) Nature of accident and cases of accident
(f) Time and date of accident
(g) Date and time when admitted in Hospital
(h) Date of discharge from the hospital
(i) Period of treatment and result of treatment
(j) Percentage of loss of earning capacity and disability as assessed by medical officer.
(k) Claim required to be paid under workman's compensation Act.
(l) Date of payment of compensation
(m) Amount paid with details of the person to whom the same was paid
(n) Authority by whom the commensuration was assessed.
(o) Remarks

9. Fines and deduction which may be made from wages.

(i) The wages of a worker shall be paid to him without any deduction of any kind except the following: -
(a) Fines

(TO BE ADDED TO SECTION (9A) IPH/HP PWD CONTRACTOR ACT OR LABOUR)

REGULATION

List of acts and Omission for which fine can be imposed.

1. Willful in subordination or disobedience, whether alone or combination with another.
2. Theft, fraud or dishonesty, in connection with contractors’ business or property of the Himachal Pradesh Jal
Shakti Vibhag / Public works Department.
3. Taking of giving brides or any illegal gratifications.
4. Habitual negligence
5. Drunkenness, fighting vicious or disorderly behavior.
6. Habitual indiscipline.
7. Smoking near or around the area where combustible or other materials are stacked.
8. Habitual indiscipline.

32
Cont EE
 9. Causing damage to work in progress or to property of the Himachal Pradesh Jal Shakti Vibhag /Public Works
Department or of the contractor.
10. Sleeping on duty.
11. Malingering of slowing down work.
12. Giving of false information regarding name, age, father's name.
13. Habitual loss of wage cards supplied by the employers.
14. Un- authorized use of employer's property or making of unauthorized articles at the work place.
15. Bad workmanship in constructions and maintenance by skilled workers which is not approved by the Department
and for which contractors are compelled to undertake rectification.
16. Making false complaints and /or misleading statements.
17. Engaging in trade within the premises of the establishment.
18. Any unauthorized divulgence of business affairs of the employees.
19.Collection or canvassing for the collection of any money within the premises of any establishment unless
authorized by the employer.
20. Holding meeting inside the premises without previous sanctions of the employer.
21. (a) Threatening or intimidating any workmen or employer during the working hours within the premises.
(b) Deduction for absence from duty i.e. from the place or the places where by the terms of his employment he is
required to work. The amount of deduction shall be in proportion to the period for which he was absent.
(c) Deduction for damage to or loss of good especially entrusted to the employed person for custody, or for loss of
money or any other deduction which he is required to account where such damages or loss is directly attributable to
his neglect or default.
(d) Deduction for recovery of advances or for adjustment of over payment of wages, advance granted shall be entered
in register.
(e) Any other deduction which the Himachal Pradesh Government may from time to time allow.
(ii) No fine should be imposed on any worker save in respect of such acts and omission on his part as has been
approved of by the Chief Labor Commissioner or any other person authorized by the Himachal Pradesh
Government.
(iii) No fine shall be imposed on any worker and no deduction for damage or loss shall be made from his wages
units the worker has been given an opportunity of showing cause against such fines or deductions.
(iv) The total amount of fine which may be imposed in any one wage period on a worker shall not exceed an
amount equal to three paisa in a rupee of the total wages, payable to him in respect of that wage period.
(v) No fine imposed on any worker shall be recovered from him by installment or after the expiry of which it was
imposed.
(vi) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was
imposed.

10. Register of Fine etc: - (i) The contractor shall maintain a register of fines and register of deduction for damage or
loss in forms No. 1 and 2 respectively which should be kept at the place of work.
(ii) The contractor shall maintain both in English and the local Indian Language list approved by the chief Labor
Commissioner or any other person authorized by Himachal Pradesh Government clearly stating the act and omission for
which penalty or fine may be imposed on a work man and display it in a good condition in conspicuous place of the work.

11. Preservation of Register: -

The wages book, the wages slips, the register of unpaid wages, the register of accidents, the register of fine, deductions
required to be maintained under these regulations shall be preserved for 36 months after the date of the last date entry
made in them and shall be made available for inspection by the Engineer-in-charge, Labour welfare Officer or any officer
authorized by the Himachal Pradesh Government in this behalf.

12. Power of Labour Welfare Officer: - To make investigation or inquiry the Welfare Officer or other persons
authorized by Himachal Pradesh Government on their behalf power to make enquiries with a view to ascertaining
enforcing and due and proper observance of the fare wages clause and provisions of these regulations. He shall investigate
into any complaint regarding the default made by the contractor or sub contractor in regard to such provision.

13. Report of labour Welfare officer:- The labour Welfare Officer or other person authorized as afore said shall submit
a report of result of this investigation or inquiry to the Executive Engineer concerned indicating the extent, if any to which
the default has committed with a rate that necessary deductions from the contractors bill be made and the wages and other
dues be paid to the laborers concerned in case an appeal is made by the contractor under clause 14 of these regulations
actual payment to laborers will be made by Executive Engineer after the Regional Labour Commissioner has given his
decision on such appeal.

The Executive Engineer shall arrange payment to the labourers concerned with 45 days from the receipt of the report of
the labour Welfare Officer or the Regional Labour Commissioner as the case may be.

14. Appeal against the decision of the Labour Welfare Officer: - Any person aggrieved by the decision and
recommendations of the Labour Welfare Officer or other person so authorized may appeal against such decision to the
Regional Labour Commissioner concerned within 30 days from the date of decision, forwarding simultaneously a copy of

33
Cont EE
his appeal to the Executive Engineer concerned but subject to such appeal, the decision of the officer shall be final and
binding upon the contractor.

15. Prohibition regarding representation through lawyer: - (i) A workmen shall be entitled to be represented in any
investigation or inquiry under these regulations by: -
(a) An officer of a registered trade union of which he is a member.
(b) An officer of federation of trade unions to which the trade union referred to in clause (a) is affiliated.
(c) Where the worker is not a member of any registered trade union, by an officer of registered trade union, concerned
with or by any other workman, employed in the industry in which the worker is employed.

(ii) An employer shall be entitled to be represented in any investigation or any inquiry under these regulation by:
(a) An officer of an association of employer of which he is member.
(b) An officer of an federation of association employers to which the association referred to in clause (a)is affiliated.
(c) Where the employer is not a member of any association of employer, by an officer of Association or employer,
connected with or by any other employer, engaged in the industry in which the employer is engaged.

(iii) No party shall be entitled to be represented by a legal practitioner in any investigation or Inquiry under these
regulations.

16. Inspection of book and slips: - The contractor shall allow inspection of the wage books and the wage slips the
register of unpaid wages, the register of accident and the register of fines and deductions to any to his worker or to his
agent at convenient time and place after the notice is received or to the Labour Welfare Officer or any other person,
Authorized by the Himachal Pradesh Government on his behalf.

17. Submission or returns: - The contractor shall allow submit periodical returns as may be specified from time to time.

18. Amendments: - The H.P. Govt. may, from time to time, add to or amend the regulation and on any question as to the
application, interpretation of effect of those regulations the decision of the Chief Labour Commissioner or Deputy Chief
Labour Commissioner to the Himachal Pradesh Govt. on any other authorized by Himachal Pradesh Govt. in the behalf
shall be final.

From-III
EMPLOYMENT CARD (REGULATION 6 (III)

Name and sex of the Worker Age or date of Birth Father's Name
Identification Marks Address

Particulars of next of kin (wife and children) if any or of dependent next of kin in case if the worker has no wife or child.

Name
(Full Address of Dependent)
(Specify Village, District& State)

Sr. Name and Particulars of Total period for Annual Leave Leave Taken
No. address of location of which the worker is number of (No. of days
employer work site and employed days worked should be
(Specify description of (from………. specified)
Whether a work done To………….)
contractor or sub
contractor)
1. 2. 3. 4. 5. 6.

BACK SIDE OF THE CARD

Give Sr. Nature of Wages Wages rate Total wage Remarks Sig.of
No. as on Work done period (with earned by the Employer
reverse period by the particulars of worker during
unit in case of the period
piece work) shown under
column 5
7. 8. 9. 10. 11. 12. 13.

34
Cont EE
N.B:- If the worker is employed both on piece and the rates, relevant entries in each should be made separately.
Annexure to clause 34 (j) showing quantities of materials for areas of surfacing to be considered for working out the
minimum period for which the charge to recovered.

Sr. No. Materials surfacing Quantity or area

1. Earth sub grade 20,000 Sft.
2. Stone soling 6" to 9" thick 6,000 Cft.
3. Brick soiling 4 ½ to 71/2 thick 8,000 Cft.
4. Wearing costs of stone ballast 3" to 41/2 thick 1,000 Cft.
5. Wearing cost of Bajri spread and consolidated with road roller 2,000 Cft.
6. ¼ Inch thick red brick ballast 3' to 41/2 thick 20,000 Sft.
7. Painting one coat with stone grit ½" quage @ 5 to 5 ½ Cft/100
Sft with binder and second coat with stone grift 31/2
guage at rate of 31/1Cft100 Sft & binder and binder being
hot bitumen or tar as specified
10,000Sft
8. Painting two coats first coat with stone grit ½" guage
@ 5 Cft per 100Sft with binder and second coat with
stone grit 31/2 guage at rate of 31/1 Cft/ 100 Sft & binder and binder
being hot bitumen or tar as specified 6,400 Sft.
9. Repairing with stone grit 3/8 icnh gauge at rate
of Cft to 41/2 Cft/100 Sft 41/2 and hot bitumen or tar as specified 18,000 Sft.
10. Laying full grouted surface with stone ballast 1 ½ inch
gauge @ Cft/100 Sft grouting with binding with stone grit ¾ inch to ½
inch guage stone grit at rate of @ 6 cft 100 Sft and seal coat of binder
and stone grit 3/8 inch @ 31/2 cft/ 100 Sft the binder or being or hot
bitumen or tar as specified 5,000 Sft
11. Laying full grouted surface with stone ballast 1 1/2 inch gauge @
30 Cft/100 sft grouting with binding with stone grit ¾ inch to ½ inch
guage stone grit at rate of @ 6 Cft 100 Sft and seal coat of binder
and stone grit 3/8 inch @ 31/2 Cft/100 Sft the binder or being hot
bitumen or tar as specified 5,000 Sft
12. ¾ inch thick premix carpet surfacing with stone grit 3/8 inch guage
@ 8 Cft/100 Sft and bind or including tack coat the
binder being hot bitumen or taras specified. 10,000 Sft
13. 1 inch thick premix carpet surfacing with stone grit 3/8 inch @ 100
Cft/100 Sft and binder including tackcoat binder being hot bitumen to tar
specified. 10,000 Sft
14. 1-1/2 thick premix macadam surfacing with stone ballast 1-inch guage @
10 Cft./100 And bitumen blinding with stone grit ½ inch gauge at the rate
of 5 Cft./100 Sft. And seal coat of hot bitumen and stone grit 3/8 inch
guage @ 3-1/8 Cft./100 Sft. 6,000 Sft
15. 2 inches thick premix macadam surfacing with stone ballast 1 inch gauge
@ 20 Cft./100 Sft. And hot bitumen binding with stone grit ½ inch gauge
at the rate of 5 Cft/100 Sft & Seal coat of hot bitumen and store grit 3/8
inch gauge at the rate of 31/2 Cft/100 Sft. 5,000 Sft
16.1-1/2 inches thick bitumen concrete surfacing with graded stone ballast
(3/4-inch gauge to ¼ inch gauge @ 2 Cft. /100 Sft. corase sand @ 8 Cft.
/100 Sft. And hot bitumen over a tack coat of hot bitumen. 5,000 Sft

17. 2 inches thick bitumen concrete surfacing with graded stone ballast
(3/4 inch gauge to ¼ inch gauge @ 16 Cft /100 Sft. Coarse sand @
8 Cft./100 Sft. And hot bitumen over a tackcoat of hot bitumen. 4,000 Sft
18. 2-1/2 inches thick bitumen concrete surfacing with graded stone ballast
(3/4 nch gauge to ¼ inch gauge at the rate of 20 cft/100 sft coarse sand
at the rate of 10 cft/`100 sft and hot bitumen over a tack coat of hot bitumen. 3,000 Sft
19. l inch thick bitumastic sheet with hot bitumen stone grit ½ inch to 3/8 inch
@ 5-12 Cft. 100 Sft. And Badrapur sand at the rate of 5-12 Cft./100
Sft. And Badrapur sand at the rate of 5-1/2 Cft./ 100 Sft. Over a tack coat

35
Cont EE
 Hot bitumen 8,000 Sft
20. 1-1/2-inch-thick bitumen sheet with hot bitumen stone grit ½ inch 3/8 inch @
8-1/4 Cft./100 Sft. Over a tackcoat of hot bitumen. 6,000 Sft

PERFORMA FOR CEMENT REGISTER

Date of Particulars of Date of issue Particulars of Qty. issued Item of work in Quantity
receipt receipt quantity progressive total issue which issued returned at the
received end of the day
1. 2. 3. 4. 5. 6. 7.

8 9 10 11 12 13

Total issue Daily Balance JE's initial AE's initial AE & EE Period Check
contractor's
remarks

36
Cont EE
 ACC OR G.I.
OR ANY
OTHER
WEATHER
PROOF ROOF
THAT THE
CONTRACTO
R MAY BUILD

Any
kind
of 10 BAG
wall HEIGHT
2.4
mm

WOODEN
PLANKS
OVER
WOODEN
BATTENS

CEMENT
IN BAGS
4.60 M

TOTAL
QUANTIT
0.8 M PASSAGE Y OF
CEMENT
IN THE
GODOWN
30
TONNES

0.6 M
DOOR
PLAN

37
Cont EE
 FORM - I
Register of fines (Regulation 10) (D)
Employer
S/ Name Father's/ Sex Department Nature Whether Rate Date and Date on Remark
No. Husband's and Date Workman of amount which
Name of showed Wage of fine fine
offence cause Imposed realized
for against
which fine or not
fine
imposed

1 2 3 4 5 6 7 8 9 10 11

FROM-II
REGULATION 19(1) EMPLOYER
REGISTER OF DEDUCTIONS FOR DAMAGES OR LOSS CAUSED TO THE EMPLOYER BY THE
DEFAULT OF THE EMPLOYED PERSONS
S/ Name Father's/ Sex Departmen Damage Whether Date and Number of Date Remarks
No Husband t or loss worker amount Installments on
. 's caused showed of if any whic
Name with cause deductio h fine
Date against n realiz
Deduction imposed ed
if so enter
date.
.

38
Cont EE
 FORM-XIII
(SEE RULE 75)
REGISTER OF WORKMEN EMPLOYED BY CONTRACTOR
Name and Address of Contractor: ______________________________________________
Name and Address of Establishment Under which Contract is carried on: _________________
Name and Location of Work: _________________________________________________
Name and Address of Principal Employer: ________________________________________

Sr Name and Age Father's / Nature of Permanent Village Local Date of Sig. or Date of Termination Reason for Remarks
Surname & Husbands Employment Home & Address Commencement thumb of employment Termination
of Sex Name designation Address of Tehsil of employment Impression
Workman workman Taluk of the work
and man
Distt.
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

39
Cont EE
 FORM-XVI
(SEE RULE 78 (S) (A))
MUSTER ROLL
Name and Address of Contractor: _____________________________________________________________________________
Name and Address of Establishment Under which Contract is carried on: ______________________________________________________
Name and location of Work: _________________________________________________________________________________________
Name and Address of Principal Employer: _______________________________________________________________________________
For the Month of for night
Sr. Name of Workman Father's / Husband's Name Sex 1. 2. 3. 4. 5. Dated Remarks
No.

40
Cont EE
 FORM-XVII
REGISTER OF WAGES
Name and Address of Contractor: ____________________________________________________________________________________
Name and Address of Establishment in under which Contract is carried on: ___________________________________________________
Name and Location of work: ________________________________________________________________________________________
Name and Address of Principal Employer: ____________________________________________________________________________
For the month of for night

Sr.No Name of Sr. No Designation No. Units Daily Basic Dearness Overtime Other Cash Total Deduction Net Sig. / Initial of
Workman in / Nature of of of Rate Wages Allowance payments if any Amount thumb Contra-actor
register work done work work wages/ if any (Indicate Paid impression or his
of w/man done done piece (Nature of Nature) of the representative
rate payments w/man
to
indicated

41
Cont EE
 WAGE CARD NO.
APPENDIX'E' (OBVARSE)
WAGE CARD
Name and Address of contractor: _________________________________________
Date of issue: ________________________________________________________
Name and Location of work: ____________________________________________
Designation: _________________________________________________________
Name of workman: ____________________________________________________
Month/ Fortnight: _____________________________________________________
Rate of wage:________________________________________________________

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Morning

Evening

Initial

Received from_____________________ the sum of ______________________ on account of wage.

This wage's card is valid of for one month from the date of issue.

Signature

42
Cont EE
 GENERAL SPECIFICATIONS AND CONDITIONS
1. While tendering for the work the contractor is supposed to have seen the site of work and no special claims
on account of difficulties arising due to the situation of the site will be entertained.
2. The work shall be carried out as per the drawings supplied by the department and as per the instructions
with up-to-date correction slips except where otherwise specified in description of items given by the Engineer-in-
charge. The General Specification shall be as per HPJSV standard specification with up-to-date correction slips
except where otherwise specified in description of items given on the schedule of quantities.
3. The contractor shall keep in safe custody all the material issued to him by the department under clause 10
and material should not be removed from the site “of work "without prior permission of the Engineer-in-charge.
The contractor shall note that the approved quarries of materials as under: -
Material Quarry Material Quarry
1 Face Stone 2 Other Stones,
3 Sand 4 Ballast

4. Hard stone other materials should be obtained from approved quarries. Royalties’ taxes, Municipal, other
incidental charges connected whether with for their supply of the work shall be borne by the contractor himself.
5. When any surplus earth is to be disposal of the site where the earth would be disposed of should be got
approved from, Engineer – in – charge in writing before undertaking the work. The disposal of rubbish and malba
due to construction work will be the contractor’s responsibility and nothing shall be paid extra for this disposal.
6. Owing to difficulty in obtaining certain material in open market the Govt. have undertaken to supply
materials specified on page ________ of the tender form at the rates stated therein .There may be delay in obtaining
the materials by the department and the contractor is therefore to keep himself in touch with day to day position
regarding supply of material from Engineer- in-charge and so adjust the progress of work that his labour may not
remain idle nor therefore be any other claim due to or arising from delay in obtaining the material. It should be
clearly understood that no claim whatsoever shall be entertained by the Govt. on account of delay in supplying
material.
7. The contractor must ensure before taking delivery of materials from stores that these are in good condition
and no account of the materials being defective will be entertained later on. If these are delivered at any other site
than specified in the agreement the difference due to carriage will be adjusted accordingly.
8. The cement shall be stacked by the contractor in a separate godown built by him at his own cost having
water proof roof and walls and floor consisting of layer of dry bricks/ stone laid on well consolidated earth at least
one foot above ground level. These stacks shall be in rows of 2 bags deep and 10 bags high and with minimum 2ft
clear space around as per sketch attached. The bags shall be placed horizontally continuous in each line. Nothing
extra will be paid for this.
9. The contractor shall be required to make double lock arrangement for storage of cement and other valuable
materials at the site of work. One key will remain in the custody of Junior Engineer in charge of the work and the
other with the representative of the contractor and locking arrangement should be such that godown cannot be
opened unless both the contractor and Junior Engineer are present. The issue account of all materials issued by the
Department will be maintained properly and should be presented for scrutiny whenever demanded by the
Departmental Officers. The contractor will however remain responsible for the safe custody of material.
10. No hand mixing of the concrete will be allowed. The contractor will have to arrange for the concrete mixer
himself.

11. Jal Shakti Vibhag truck if available can be hired at Rs……………….Per KM. whether empty or loaded
with minimum charges of Rs …………………per day of working hours.

12 In addition to hire charges of department Truck, the contractor will have to pay the goods tax on approved
rates under Goods Taxation Act, 1955 to the Excise Taxation Department for the period departmental Trucks /
trucks are / is hired by them / him for bonafide use on the work. The contractor will have to produce necessary
receipt in token of having paid to the Goods Tax to the concerned department before receiving the payment from the
Engineer –in –charge.

13. The contractor shall also be responsible for watch and ward of other materials issued to him.

43
Cont EE
14. The contractor will produce a certified copy from the industries department that the royalty has been paid
by him on account of excavation of stones and alternatively recovery of the material excavated and utilized in the
construction as per the billed quantities shall be recovered by the department.

14 (a). The contractor shall have to purchase the timber to be used on work from an authorized dealer/agency and he
would produce necessary receipts/vouchers as a proof before releasing the payment of the wood – work.
15. No payment shall be made to the contractor for any damage caused to work or material by rain/snow or
floods or due to any other cause, what so ever, during the execution of work and no such claim on this account shall
be entertained. He will have to make good all such damages.

16. The contractor shall not deposit materials on any site which will seriously cause inconvenience to the
public. The Engineer-in-charge may require the contractor the remove any material which is considered by him to
be a danger or inconvenience to the public which shall be removed at the contractor’s cost.

17. Recovery for damaged materials due to defective storage of material issued by the Department will be
recovered from the contractor at double the issue rate. No claim on this account shall be entertained.

18. The contractor should obtain permission from the Executive Engineer for extracting stones from approved
quarries and Rs. ______/- per ton will be recovered from him on account of royalty charges.

19. The contractor shall be responsible to make good the damages caused to the lands and buildings of private
persons on which the work or any part of it is being executed and his failure to do so, the same will be made good
by the Executive-in charge at the cost of contractor.

20. Any damages during the execution of work will be the responsibility of the contracture and he will have to
restore such damages at his own cost and nothing will be paid by the department on this account.
21. When a road has to be closed to traffic a clear notice at least of 7 days shall be given by the contractor to
the Executive Engineer who shall notify it to the Police Authorities and the Transport Department. Adequate
number of sign boards for diversion of the traffic shall be arranged and fixed by the contractor at his own cost.

22. A notice board " Road Closed" shall be arranged and fixed by the contractor at his own cost. The letters
should be of standard square pattern. The traffic shall be kept free from materials, tools and construction.

23. Samples of all materials to be used on the work shall be submitted for approval to the Engineer-in-charge
beforehand. The same principle will hold for the all items of work.

24. The design of shuttering must be submitted by the contractor to the Engineer-in-charge before hand for
obtaining his written approval before erection of the same. The contractor shall be entirely responsible for the
failure of the shuttering due to non- compliance of the instructions and due to imperfection in erection and
execution. He shall be fully responsible for consequences occurring on account of failure of shuttering.
25. All reinforcement has to be placed in the position shown in the drawing. In case any reinforcement is found
to have been misplace/displaced, the contractor alone will be responsible for the same. The Engineer-in-charge will
be at liberty to reject all such work as substandard.

26. All jungle clearance such as shrubs etc. will be done by the contractor at his own cost but the tree big or
small shall not be felled without prior permission. Cost of damage to the forest or to some other Govt. or private
properties will be made good by the contractor at his own cost or recovery shall be made from his bills.
27. The contractors shall remain himself or keep his representative duly authorized, at site during all working
hours of execution to receive instructions from Engineer-in-charge and to carry out the work accordingly.
28. All material brought to the site of work during the time of execution should be stacked properly as desired
by the Engineer-in-charge.

44
Cont EE
29. The Engineer-in-charge will be at liberty to debit the contract account with any dues outstanding against
him in respect of some other work entrusted to him in the HP Jal Shakti Vibhag.
30. In case the contractor obtains a route permit for plying his own or hired truck for the carriage of materials
to the site of work, he shall render a full account of the carriage work done by him duly supported with the log book
of the vehicles weekly.
31. The rates of different items are for all heights depths and width unless otherwise specified against the
items.
32. For testing the strength of concrete, cubes shall be prepared by the contractor under the supervision of an
officer of the department not below the rank of Assistant Engineer. Samples of concrete and its testing shall be done
as per Jal Shakti Vibhag specifications and also as per relevant I.S. Codes of practice and tested in a recognized
laboratory approved by the Engineer-in-charge. The cost of the making cube, carriage to laboratory and laboratory
charge, should borne by the contractor. The contractor shall, however, abide by the decision of the Engineer-in-
charge. In case the result of test shows the work not up to the specified standard, contractor will carry out another
test necessitated there by at his own cost. In case of rejection of work nothing shall be paid to contractor at all.
33. The contractor shall get frames and other items of wood work approved by the Engineer-in –charge before
fixing the same. All wood work shall be properly seasoned. The wood work should not be painted or treated in any
other way until it is approved by the Engineer-in-charge.
34. In case where brick work is exposed and is required to be finished with pointing or otherwise selected
bricks should be used and nothing extra will be paid to the contractor on this account.

35. In case of brick work masonry items, the classification of brick brought by the contractor, shall strictly
confirm to the HP JSV specifications referred to above irrespective of the classification shown on the permit issued
to the contractor by be Supply Department. The contactor shall have no claim whatever on this account.
36. The samples of iron fitting and other fittings i.e. fan clamps hooks rings wooden hand rail iron railing,
paints of different shades marble, chip etc. shall be approved by the Engineer-in-charge before fixing or laying.
37. The contractor shall clear the site properly after the completion of the work.
38. The contractor shall maintain in good condition all work during execution till completion of entire work
allowed to the contractor.
39. The contractor must take the precaution to avoid all accidents by exhibiting day and night necessary sign
boards, speed limit boards, red flags and red lights and providing barriers. He shall be responsible for all damages
and accidents caused due to negligence on his part. No hindrance shall be caused to traffic during the execution of
work.
40. Any departmental officer is authorized to have access to the godown for the purpose of inspection of
materials at any time. Any materials which inspecting officer may point out as being below the required standard
will be removed entirely at once from the site of work by the contractor and not used on Govt. work No claim, on
this account shall be entertained.
41. Where ever pipes are to be fixed to wall of RCC surface the contractor may be required to use necessary
clamps for which nothing extra shall be payable. The contractor shall ensure that vertical pipes are truly vertical and
horizontal pipes are truly horizontal.

42. In the event of dispute of any kind arising out of this contract the law court at the district headquarter of the
Engineer-in-charge or High Court of Himachal Pradesh Shimla shall have the legal jurisdiction. This condition will
however not interfere with the arbitration clauses of the contract agreement.
43. Sample of fine sand coarse sand and aggregate shall be got approved by the contractor from Engineer in
charge at site before starting the work.

44. The contractor must see the proposed sites for the work and study specification & conditions carefully
before tender. The work shall be executed as per programme drawn by the Engineer-in-charge. No extra claim
whatsoever arising on account of variation in site condition encountered etc. shall be entertained.

45. The contractor shall produce a labour clearance certificate from the labour inspector concerned before final
payment are released to him.

45
Cont EE
46. The contractor shall make his own arrangement for obtaining for electric connections if required and make
necessary payment to the department concerned.

47. Notwithstanding anything provided and where also the beam below average ground level shall be
measured and paid for in the items of RCC works in raft foundations and columns footings.

48. The fair wages to be paid as per clause 19(a) shall be applicable on the date of opening of the tenders or on
the date notified by the HP Govt. whichever is later.

49. The contractor shall allow deduction of Income Tax at source as required under relevant section of the
Income Tax Act, 1961 as inserted by the Finance Act, 1972

50. For items not covered by the relevant JSV Specifications, relevant I.S.I standards for woks shall be
followed.

Executive Engineer,
JSV Division, Baddi,
District Solan (HP)

46
Cont EE
 ADDITIONAL CONDITIONS

1. The contractor should submit a tentative programme of working with in fifteen days of the date of start of
work. The contractor will have to work as per programme of the department. No claim whatsoever will be
entertained on this account.
2. Unless otherwise provided in the Schedule of quantities the rates tendered by the contractor shall apply to
all heights lifts and leads and depths of the building /structures and nothing shall be payable, to him on this amount.
3. The structural and architecture drawing shall at all times be properly correlated before executing any work.
However, in case of any discrepancy in the item given in the Schedule of quantities appended with the tender and
Architecture drawings relating to the relevant item, the former shall prevail unless and otherwise given in writing by
the Engineer - in- charge.
4. The contractor shall be required to produce samples of all building’s materials and fittings sufficiently in
advance to obtain approval of the Engineer-in-Charge.
5. The contractor shall make his own arrangements for obtaining electric connections, if required and make
necessary payments directly to the department concerned.

6. Some restrictions may be imposed by the security staff etc. on the working and / or movement of labour
materials etc. The contractor shall be bound to follow all such restrictions / instructions and nothing extra shall be
payable on this account.

7 (a) The building work will be carried out in the manner complying in all respects with the requirements of
relevant bye -law of the local body under the jurisdiction of which the work is to be executed or as directed by the
Engineer-in-charge and nothing extra will be paid on this account.
(b) The contractor shall comply with proper and legal orders and directions of the local or public
authority or municipality and abide by their rules and regulations and pay all fees and charges which may be liable.
(c) The sanitary water supply and drainage pipes and fittings and other materials shall be of approved
qualities& shall conform to the relevant HP IPH/JSV specifications for work 1977 vol. II with up-to-date
amendment and correction slip and shall be ISI marked. The work shall be carried out without infringing on any of
the Local Municipal bye-laws.

8. The contractor shall give performance test of the entire electrical installation(s) as per standard specification
before the work is finally accepted, and nothing extra whatsoever shall be payable to the contractor for the test.
9. Cement bags shall be stored in separate go downs to be constructed by contractor at his own cost as per
sketch at page No. _________ with water proof roofs and walls. Each go downs shall be provided with a single door
with two locks, the keys of one lock shall remain with HP JSV Engineer-in-charge of work and that of the other lock
with the authorized agent of the contractor at the site of work so that the cement is removed from the godown
according to daily requirement with the knowledge of both the parties and the account maintained in the enclosed
proforma at page.

10. M.S. and cold twisted bars flats, tees, angles where stipulated will be issued if available in the stores for all
reinforcement items only. No claim on this account shall be entertained.

11. The materials will be issued to the contractor at the place of delivery as mentioned in the scheduled
materials. If these are delivered at any other site, the contractor shall have to cart at his cost the materials to
the site of work as soon as these are issued.

12. The contractor shall bear all incidental charges for cartage storage and safe custody of materials issued by
department against damage due to sun, rain, dampness, fire, theft etc. He shall also employ necessary watch and ward
establishment for this purpose at his own cost. Nothing shall be paid to be contractor on this account.

13. The standard sectional weights referred to as standard table in HP specifications of works, to be considered
for conversion of length of various sizes of MS bars and T or steel bars into weight are as under: -

47
Cont EE
 Size(mm) Weight Size(mm) Weight
Diameter K/M (Diameter) Kg/m

6 0.22 25 3.855
8 0.395 28 4.836
10 0.62 32 6.316
12 0.89 36 7.994
16 1.60 40 9.869
18 2.00 45 12.490
20 2.45 50 15.424
22 2.99 ---- -------

Issue of steel of diameter above 10mm will be regulated on sectional weight basis, weight being calculated
with the help of the above tables. However, for bars MS/Tor steel up to and including 10mm the following
procedure shall be adopted. The average sectional weight for each diameter shall be arrived at from samples from
each lot of steel received at site. The actual weight of steel issued shall be modified to take into account the
variations between actual and the standard coefficients given above and the contractor's account will be debited by
the cost of the modified quantity only. The decision of Engineer-in-charge shall be final for the procedure to be
followed for determining the average sectional weight of each lot.

14. For the purpose of clause 42(iii) of conditions of contractor in respect of steel reinforcement bars
theoretical consumption will be balanced diameter wise for purpose of panel recovery as envisaged in the said
clause.

15. Any cement slurry added over base surface (or) for continuation of concreting for better bond is deemed to
have been in built in the items (Unless otherwise explicitly stated) and nothing extra shall be payable (or) extra
cement considered in consumption on this account.
16. Testing of Materials: -
(a) Samples of various materials required for testing shall be provided free of charge by the contractor.
Testing charges if any shall be borne by the department. All other expenditure required to be incurred for taking the
samples conveyance, packing etc. shall be borne by the contractor himself.

(b) In case there is any discrepancy of testing as given in list of mandatory tests and that in individuals sub
heads of work as per HPJSV specifications, the higher of the two frequencies of testing shall be
followed and nothing extra shall be payable to the contractor on this account.

17. The contractor shall be responsible to arrange at his own cost all necessary tools and plants required for
execution of the work.

18. The contractor shall provide at his own cost suitable weighing and measuring arrangements at site for
checking the weight / dimensions as may be necessary for execution of the work.

19. Rate for all items in which use of cement is involved is inclusive of charges for curing.

20. The foundation trenches shall be kept free from water while all the works below ground level are in
progress.

21. Royalty at the prevalent rates whenever payable shall have to be paid by the contractor on the metal,
shingle, Sand and Bajri etc. or any other materials collected by him for the work direct to the revenues authority of
the District / State Government concerned.
22. The rate of all items of work shall unless clearly specified otherwise include cast of all labour material and
other input like involved in the execution of the item.

23. For the purpose of recording measurement for preparing running account bill, the abbreviated
nomenclature indicated in the publication" Abbreviated nomenclature of items” shall be adopted. The abbreviated
48
Cont EE
nomenclature shall be taken to cover all the materials and operations as per the complete nomenclature of the
relevant items in the agreement and other relevant specifications.

24. (i) Tendered rates are inclusive of all taxes and levies payable under the respective status. However,
pursuant to the constitution (46th amendment) Act, 1982 if any further tax or levy is imposed by state, after the date
of receipt of tenders and the contractor thereupon necessarily and properly pays such taxes/levies, the contractor
shall be reimbursed the amount so paid, provided such payment, if any is not in the opinion of Superintending
Engineer (Whose decision shall final and binding) attributable to delay in execution of work within the control of
contractor.

(ii) The contractor shall keep necessary books of accounts and other documents for the purpose of this
condition as may be necessary and shall allow inspection of the same by a duly authorized representative of Govt.
and further shall furnish such other information / document as Engineer-in-charge may require.

(c) The contractor shall within a period of 30 days of imposition of any further tax or levy in pursuant to the
constitution of (45th Amendment) Act 1982 give in writing to the Engineer-in-Charge that the same is
given pursuant to this condition together with all necessary information relating thereto.

25. In case of PPC is used in addition to the 7 days cube test at least 25% of the tests shall be carried out after
28 days tests are satisfactory. In such case the strength of the concrete as per 28 days tests shall be taken as final for
taking action under different clause of the Agreement

26. The Surplus excavated earth which is beyond the requirement of Govt. work, may be allowed by the
Executive Engineer to be disposed off by the contractor at his own or to sale the surplus earth to private parties at
his discretion but nothing extra will be paid to carriage or disposal of surplus earth if the same is not required on any
Govt. work.

Additional Specifications

1. The entire work shall be done as per HPJSV Specification 1990 Vol. 1 with CS up to-date and HP IPH
specification for works 1990 (Vol-II) with correction slip No.1 up-to-date of tender. However, in the event of any
discrepancy in the description of any item as given in the schedule of quantities appended above with the tender and
specifications relating to the relevant items as per JSV specifications mentioned above the former shall prevail. If
the specification for any items is not available in the HP JSV specifications cited above, relevant ISI specification
shall be followed. In case ISI specification are also not available, the decision of the Engineer-in-charge given in
writing based on acceptable sound Engineering Practice and local usage shall be final and binding on the contractor.
The work shall be executed and measured as per metric dimensions given in the Schedule of Quantities, drawings
etc. (F.P.S. units wherever indicated are for guidance only).

2. The following modification to the above specification and some additional specification shall however,
apply (i) all stone aggregate and stone ballast shall be of hard stone variety to be obtained from approved quarries at
or any other source to be approved by the Engineer-in-charge (ii) Sand to be used for cement concrete work mortar
and plaster work shall be of standard quality. Sand shall be obtained from approved quarry by EE or any other
source to be got approved by the Engineer-in- charge and screened as required. The same shall consist of hard
siliceous material it shall be clean sand. If the sand brought to site is dirty, it must be washed, cleaned in water and
should confirm to HP IPH specifications.

3. Wherever any reference to any Indian standard specification occurs in the documents relating to this contract
the same shall be inclusive of all amendments issued there to or revisions there of if, any, upto the date of receipt of
tenders.

4. The work will be carried out in accordance with the architects’ drawings and structural Drawings, to be
issued by the Engineer-in-Charge. The structural and Architectural Drawings shall have to be properly correlated

49
Cont EE
before executing the work. In case of any difference noticed between architectural and structural drawings, final,
decision, in writing of the Engineer-in-charge shall be obtained by the contractor. For items where so required,
samples shall be prepared before starting the particular items of work for prior approval of the Engineer-in-charge
and nothing extra shall be payable on this account.

5. Articles manufactured by reputed firms and approved by the Engineer-in-charge shall be only used. Only
articles classified as “First Quality” by the manufactures shall be used unless otherwise specified. Articles which
bear ISI certifications marks shall be used unless otherwise specified. In case articles bearing ISI certifications
marks are not available the quality of samples brought by the contractor shall be judged by the standard laid down
in the relevant HP JSV specification, for items not covered by HP JSV specification relevant ISI standard shall
apply.

6. The contractor shall give a performance test of installations before the work is finally accepted and nothing
extra whatsoever shall be payable to contractor on this account.

7. The work shall be carried out in the manner complying in all respect with the requirements relevant bye-laws
of the Municipal Committee / Municipal Corporation / Development Authority. Improvement trust under the
jurisdiction of which the work is to be executed or as directed by the Engineer-in-charge and nothing extra shall be
paid on this account.

8. Unless otherwise specified in the schedule of quantities the rates for all items of the work shall be
considered as inclusive of pumping out or bailing out water if required, for which no extra payment will be made.
This will include water encountered from any sources such as rains, floods, sub-soil water being high due to any
other cause whatsoever.

9. The fineness modulus of sand to be used in different works shall be as follows: -

1. Course Sand, As specified in the item like plain conc.

2.5 to 3.5 RCC Work flooring work etc.
2. Fine sand As specified in the item like finishing coat
1.2 to 1.6 of cement plaster, skirting dado etc.

10. BRICKWORK: -
Bricks shall generally conform to specification for brick class specified, Bricks shall not absorb water
more than, 20% of their own dry weight after 24 hours immersion in cold water, Both the faces of wall of thickness
more than 23 cm shall be kept in the proper plans. Wall of half brick thickness or less shall be measured separately
and paid in sqm. Half brick thickness shall be taken as 115 mm. Brick wall beyond half brick thickness shall be
measured in multiple of half brick (i.e. 115 mm) which shall be deemed to be inclusive of mortar joints. When a
fraction of half brick occurs due to architectural reasons or otherwise as per the requirements of the department the
same shall be measured as half brick work provided such fraction exceeds 2 cm, fraction up to 2 cm thickness shall
be made up in mortar and paid for as per specified thickness under brick work. Bricks shall be obtained from
approved kiln or any other source to be got approved by Engineer-in-charge and shall be of best quality, well burnt
ground molded bricks.
11. RCC Work: -
11.1 In respect of projected balconies, projected slabs at roof level and project varandah, the payment for
the RCC work shall be made under the item, of RCC slabs. The payment for centering and shuttering of such items
shall similarly be paid under the item of centering and shuttering of RCC slab. Nothing extra shall be paid for the
said shuttering at the edges of these projected balconies and projected verandahs. All the exposed edge shall be
however be finished as per specifications and nothing extra shall be paid for this.
11.2 In the item of RCC walls, railings and roof etc. nothing extra shall be paid for making designs as
per patterns given by Architects or for thickness of selections.

50
Cont EE
 11.3 The rates for railing are inclusive of all the labour and the materials including execution as given in
the description of the item, portion of the railings which is embedded in RCC shall not be included for
measurements.
11.4 The compactions of the concrete shall be done by vibrating tables or external vibrator, as approved
by Engineer-in-charge. The rate quoted for the items shall include the element both for form work and mechanical
vibration.

11.5 The water will be tested with regard to its suitability for use in RCC work and nothing extra will be
paid for on this account.

12.0 Flooring: -

The rate of items of flooring is inclusive of providing sunk flooring in bath rooms, kitchen etc. and nothing
extra on this account is admissible.

13.0 Wood work: -

13.1 The contractor will be responsible for the watch and ward of shutters handed over to him by the
Department for fixing, in case these are stipulated for issue by the Department and nothing extra for the same will
be paid.

13.2 Timber as specified to be used for wood work shall be kiln seasoned in the relevant items in the
schedule of quantities and shall conform to HP JSV specifications 1990 with correction slips up to date and will be
of required variety obtained from approved sources.

13.3 Shutters of paneled doors shall be with kiln seasoned timber frames as per relevant specification
of item and with panels of 12 mm thick second-class teak wood /15 mm thick deodar wood both kilns seasoned or
made phenol from eldehyde glue processed nova teak or equivalent particle board 12 mm thick with or without
commercial ply veneer focus on both sides as indicated in relevant items.

13.4 The paneled shutters shall be kiln seasoned with species as specified in items (styles and rails) as
per width shown in Architect drawings. Panels shall be embedded into frames to a minimum of 12 mm with 1.5 mm
gaps.
13.5 Permissible tolerance on wood work shall be as under: -
(a) Door frames (b) Door shutters (i) On width and height 3mm.
(ii) On width and height 3 mm (iii) On thickness 1.2 mm.

13.6 The samples of species to be used shall be deposited by the contractor with the EE before
commencement of the work. The contractor shall produce cash vouchers and certificates from standard kiln
seasoning plant operator about the timber section to be used on the work having been kiln seasoned by them failing
which it would not be so accepted as kiln seasoned.

13.7 Transparent sheet glass conforming to IS 1761- 1960 shall be used thickness being governed as
under unless otherwise specified in the item.

Area of glazing Thickness Max Unsupported (Length)

For glazing area up to 0.2 sqm 3 mm 60 cm
For glazing area from
0.2 sqm to 0.5 sqm 4 mm 120 cm
For glazing area more
than 0.5 sqm 5 mm 120 cm
Glazing for toilets and in fixed ventilators shall be of opaque type.

13.8 Factory made shutters as specified shall be obtained from factories to be approved by the Engineer-
in-charge and shall conform to IS 2202 (part-1) 1977. The contractor shall inform well in advance to the Engineer-

51
Cont EE
in-charge the name and address of the factory where from the contractor intends to get the shutters manufactured.
The contractor will place order for manufactured of shutters only after written approval of the Engineer-in-charge in
this regard is given. The contractor is bound to abide by the decision of the Engineer-in-charge and recommended a
name of another factory from the approved lists in cases the factory already proposed by the contractor is not found
competent to manufactured quality shutters.

The contractor will also arrange stage wise inspection of the shutters at factory, of the Engineer-in-charge
or his authorized representative. Contractor will have no claim if the shutters brought at site are rejected by
Engineer-in-charge in part or in full lot due to bad workmanship/quality/ Such shutters will not be measured and
paid and the contractor, shall remove the same from the site of work within 7 days after the written instructions in
this regard are issued by Engineer-in-charge or his authorized representatives.

14.0 Steel Work: -

14.1 The rate of T/angle iron frames shall include the following: -

(a) M.S. Steel tie of 16 mm dia bar shall be welded to T-iron door frames to keep the frame vertical in
correct position. The steel /tie shall be embedded in floor concrete. No ties are necessary for windows frames. In the
case of window frame 2 lugs 15x3 mm long shall be welded to each vertical number of the frame.
(b) Each T iron frame for doors shall have 4 Nos. M.S. lugs 15x3 mm long shall be welded to each
member of frame.
(c) M.S. flat 8x25mm, 100 long having threaded holes (No. of flats shall correspond) to the No. of
butt hinges to be fixed to door /window shutter) shall be welded at appropriate places at the back of the T-iron
frames for fixing the required butt hinges to the frame with machine screws. M.S. flats 8x25 mm, 50 mm long with
threaded holes shall be welded to the back of the T-sections to receive the butt hinges for the cleats.
14.2 The M.S. flat clamps 15x6 mm thick for holding arrangements are to be provided and added as
per site conditions. The rate is inclusive of the cost of such clamps.

14.3 The site tie lugs, curtain brackets and flats welded for fixing hinges and cleats shall not be
measured for the purpose of payment.

14.4 All welding work shall be tested for quantity of weld as laid down in IS 822-1970 before actual
erection, wherever it appears shall mean Continuous fillet welding.

15.0 Water supply sanitary installations

15.1 Sanitary fittings paints and other materials shall be obtained from one of the firms on the list of
approved manufacturers of HP IPH and shall bear ISI mark. The material shall be tested as per provision in relevant
IS codes. The contractors’ rates for items involving the use of the above materials shall be deemed to cover the cost
of samples.
15.2 The SCI pipes and GI pipe wherever necessary shall be fixed to RCC columns, beams etc with
raw plugs and nothing extra shall be paid for this.

15.3 G.I. pipes if stipulated for issue in the schedule of material can be issued in inch sizes or its
equivalent metric size as considered fit and the issue rate recoverable from the contractor will remain the same. The
contractor will not be paid anything extra on this account and nothing will be deducted for using the size of G.I.
pipes issued and the items will be paid as per agreement rate for the same item.

15.4 The contractor shall be responsible for the protection of the sanitary and water supply fittings and
other fittings and fixture against pilferages and breakage during the period of installation and there after until
building is handed over.

15.5 The P or S trap in the w.c. shall be of deep seal type and shall have minimum water seal of 75 mm
and floor traps shall have minimum seal of 50 mm.

52
Cont EE
16.0 Variation in Consumption of Materials: -
The variation in consumption of materials shall be governed as per HP IPH/JSV specification and clauses
of the contract of the extent applicable. The following specific clauses shall govern the variation in consumption of
pig lead.

17.0 Variation on consumption of Pig Lead: -

17.1 The pig led for caulking of joints of SCI pipes shall be issued as per theoretical consumption for
SCI pipes of size 100 mm, 75 mm at 0.98 kg and 0.77 kg per joints respectively. Over and above the theoretical
quantities of lead as marked out variation of 5% shall be allowed for wastage etc. Any difference between the actual
consumption of pig lead and theoretical consumption worked out on the above basis including the authorized
variation shall be recovered at double the issue rate. Where the pig lead is arranged by the contractor variation of
5% will be allowed in case the variation is on higher 5% will be allowed. In case the variation is on lower side, the
quantity of pig lead used less shall be recovered from the contractor at market rate to be determined by Engineer-in-
charge whose decision on the matter will be final.

17.2 The theoretical quantity of cement to be utilized in item of concrete involving use of shingle
aggregate and mixed volume batching shall be computed on the basis of the co-efficient for cement to be used in
different item of the work provided in DSR reducing each of the co-efficient by 5% however where the concrete is
mixed by weight batching no such reduction shall be made from theoretical co-efficient given in DSR for concrete
with crushed stone aggregate.

18.0 CONDITIONS: -
18.1 The contractor shall take instructions from the Engineer-in-Charge regarding collection and
stacking of material in any place No excavated earth or building materials shall be stacked on areas where other
buildings roads, services of compound walls are to be constructed.

18.2 The contractor shall maintain in perfect condition all works executed till the completion of the
entire work allotted to him. Where phased delivery is contemplated the provisions mentioned above will apply to
each phase.

18. 3 The contractor shall clear the site thoroughly of all scaffolding materials and rubbish etc. left out
of his work and dress the site around the building to the satisfaction of the Engineer-in-charge before the work is
considered as a complete.

18.4 All material obtained from Government stores or other work shall be got checked from the
Engineer-in-Charge or his representative on receipt of the same at site and before they are actually used.
18.5 If as per municipal rules the huts for labour are not be erected at the site by the contractor, the
contractors are required to provide such accommodation as is acceptable to local bodies and nothing extra shall be
paid on this account.

18.6 The centering and shuttering required for RCC work will be brought to site by the contractor well
in advance so that the progress of the upper floors is not hampered due to non availability of the same. Nothing
extra shall be paid for this.

18.7 The contractor must see the proposed site for the work, study specifications and condition
carefully before tendering. No claim of any sort shall be entertained on account of any site condition or ignorance of
specifications and conditions.

18.8 The site is available and tenderer should see the approaches and conditions of the same. If any
approach from main road is required at site or existing approach is to be improved and maintained, for cartage of
any materials by the contractor, the same shall be provided improved and maintained by the contractor at his own
cost.

53
Cont EE
 18.9 Machine made shutters shall be got approved from the Engineer-in-Charge at factory site before
carting the same to the site of work. The shutter damaged during carriage shall not allow to be used in the work and
shall be removed by the contractor at his own cost and no claim whatsoever shall be entertained in this regard.

19.0 Conditions for issue of materials

19.1 The materials will be issued to the contractor at the place of delivery as mentioned in the schedule
of materials during the working hours as per rules of the HP JSV stores as in force from time to time. If these are
delivered at any other site. The contractor shall have to cart the materials to the site of work at his cost as soon as
these are issued.

19.2 The materials like reinforcing bars, flats, tees, angles sheets, Cl and SCI pipes etc. contemplated
to be issued will be issued in available sizes and lengths and the contractor shall bear the cost of cutting and shaping
them according to the requirements of work. No claim for the wastage on this account shall be entertained.

19.3 The size of the cement go down indicated in the sketch is only for guidance. The actual size of the
go down shall be as per site requirement and nothing extra will be paid for the same. The decisions of the Engineer-
in-charge regarding the capacity needed will be final.

19.4 The contractor shall be fully responsible for the safe custody of the material issued to him even if
the materials are under double lock system.

19.5 The account of daily receipts and issues of cement shall be maintained in registered in the
prescribed proforma signed daily by the contractor or his authorized agent in token of its correctness.

19.6 The contractor shall construct suitable go downs / yards at the site of work for storing all other
materials so as to be safe against damaged by sun, rain dampness fire theft etc. at his own cost and also employ
necessary watch and ward establishment for the purposes at his cost. Materials to be charged directly to work and
stipulated for issue free of cost shall also be issued to contractor as soon as they are received at site or at the
stipulated place of issue the provisions of this clause will equally and fully be applicable to these items as well.

20.0 CLARIFICATION REGARDING PLINTH LEVEL: -

20.1 For the purpose of operation of clause 12(iv) the following works shall be treated as works
relating to foundations: -
(a) For buildings, compound walls plinth level (or) 1.2 meters (4 feet) above ground level whichever is lower,
excluding items of flooring and DPC but including base concrete below the floors.

(b) For abutment, piers, retaining walls of culverts and bridges, wall of water reservoirs. The floor level or
where floor is not determinate, up to 12 meter above bed level.

(c) For retaining wall where the floor levels in hot determinate up to 1.2 meter above average ground level or
bed level.
(d) For roads, all items of excavation and filling including treatment of sub base and soling work.
(d) For water supply lines, sewer lines, underground storm water drain and similar works, all items of work
below ground level except items of pipe and masonry work.
(e) For open storm water drains all items of work.

21.0 TESTING OF MATERIALS: -

(a) The contractor shall produce all the materials in advance so that there is sufficient time for testing of the
materials and clearance of the same before use in work.

(b) With a view to avoid controversy about quality of cement concrete as revealed in the test results of 7 days
cubes falling short of the prescribed standard by over 10 % to 20 % and pending testing of balance 3 cubes for 28

54
Cont EE
days as final confirmatory acceptance test crushed samples of cement concrete from the failed 7 days cubes should
be preserved in a sealed bag.

NOTE: - The Earnest money amount and cost for tender form shall be received at the time of opening of tender. The
tender forms will be issued only to those contractors who will produce latest income tax return and registration with
State / Centre GST Council with latest clearance certificate and renewal of enlistment.

(Contractor ...........................)

Executive Engineer,
JSV Division, Baddi,
District Solan (HP)

55
Cont EE
GUARANTEE TO BE EXECUTED BY CONTRACTORS FOR REMOVAL OF DEFECTS AFTER
COMPLETION IN RESPECT OF WATER PROOFING WORKS.
This agreement made this ………………….. day of ………….……. Two thousand…………
between…………………………………..… son of …………….…………………… (hereinafter called the
Guarantor of the one part) and the Governor of HP (hereinafter called the Government of HP on other party).
Whereas this agreement is supplementary to a contract (hereinafter called the contract) dated
………………….. and made between the GUARANTOR OF THE ONE PART and the GOVERNMENT on the
other party where by the contractor inter alia undertook to render the buildings and structures in the said contract
recited completely water leak proof.
And whereas the GUARANTOR agreed to give a guarantee to effect that the said structure will remain
water and leak proof, for five years from the date of giving of water proofing treatment.
Now the GUARANTOR hereby guarantees that water proofing treatment given by him will render the
structures completely leak proof and the minimum life of such water proofing treatment shall be ten years to be
reckoned from the date after the maintenance period prescribed in the contract.
Provided that the guarantor will not be responsible for leakage caused by earthquake or structural defects
or misuse of roof or alteration and or such purpose:

a) Misuse of roof shall mean any operation which will damage water proofing treatment, like chopping of fire wood
and things of the same nature which might cause damaged to the roof.
b) Alteration shall mean construction of an additional storey or a part of the roof or construction adjoining to
existing roof where by water proofing treatment is removed in part.

c) The decision of the Engineer-in-Charge with regard cause of leakage shall be final.
During this period of guarantee the guarantor shall make good all defects and in case of any defect being
found render the building water roof to the satisfaction of the Engineer-in-Charge at his cost and shall commence
the work for such rectification within seven days from the date of issue of the notice from the Engineer-in-Charge
calling upon him to rectify the defects failing which the work shall be got done by the department by some other
contractor at the GUARANTOR’S cost and risk. The decision of the Engineer-in-Charge as to the cost, payable by
the Guarantor shall be final and binding.

That if GUARANTOR fails to execute the water proofing or commits breach there under then the
GUARANTOR will indemnify the Principal and his successors against all loss, damage, cost expense or otherwise
which may be incurred by him by reason of any default on the part of the GUARATOR in performance and
observance of this supplementary agreement. As to the amount of loss and damage and/or cost incurred by the
Government on the decision of the Engineer-in-Charge will be final and binding on the parties.
In witness whereof these presents have been executed by the obliger …………….. and by …………. and
for and on behalf of the Governor of H.P. on the day, month and year first above written. Signed, Sealed and
Delivered by OBLIGER in presence of: -

1…………………………………….
2…………………………………….
Signed for and on behalf of the Governor of Himachal Pradesh by on in the presence of: -
1…………………………………….
2…………………………………….

(Contractor ...........................)
Executive Engineer,
JSV Division, Baddi,
District Solan (HP).

56
Cont EE