work in presence of the contractor, whose countersignature in the measurement book will

be sufficient warrant; and the Engineer-in-charge may prepare a bill from such list which
shall be binding on the contractor in all respects.
Within 10 (Ten) days of completion of work, the contractor shall give notice of such
completion to the Engineer-in-charge and within 14 (Fourteen) days of receipt of such
notice, the Engineer-in-charge shall inspect the work, and if there is no defect in the
work, he/she shall furnish to the contractor a final certificate of completion. Otherwise,
a provisional certificate of physical completion indicating defects (a) to be rectified by
the Contractor and/or (b) for which payment will be made at reduced rates, shall be
issued. Such reduced rate is to be imposed with the approval of Superintending
Engineer concerned.

Clause 8A. When annual repair and maintenance work is carried out, the splashes and
droppings from white washing, colour washing, painting etc., on walls, floors, windows
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 contractor. Before taking such
action, the Engineer-in-Charge shall give ten days notice in writing to the contractor.

Clause 8B. The Contractor shall submit completion Plan/Drawing as required in the
‘General Specification’ for Civil as well as Electrical Works as applicable within 30 days
of completion of the work.

Clause 9. The Contractor shall submit all bills in printed forms, a s p e r f o r m a t

p r e s c r i b e d b y G o v e r n m e n t o f W e s t B e n g a l , in the office of the Engineer-
in-Charge, and the charges in the bills shall always be entered at the rates specified in
tender or in case of any extra work ordered in pursuance of these conditions, and not
mentioned or provided for in the tender at rates thereinafter provided for such work.

Clause 9A (1) Payments due to the contractor may, if so desired by him/her be made
Payments of to his bank through e-Pradan, details of which has to be directly furnished to the Engineer-
contractor’s in-charge.
bills to Banks
While the online receipt given by such Banks shall constitute a full and sufficient
discharge/acquittance for the payment, the contractor should wherever possible
present his/her bills duly receipted and discharged through his/her Banker/s.
(2) In the case of bills, which the contractor presents for payment direct,
and which are not endorsed in favour of the Bank, while efforts will be made to
secure payment to the financing Bank, payments made to the contractor should be
accepted as full acquittance so far as the Government is concerned. As a part of the
arrangement, the financing Bank should give th e Government a letter to this effect.
Note 1. The procedure will not affect the usual rights of t h e Government to
deduct from contractor’s bill, (whether endorsed in favour of a Bank or not) any sum
due to Government of account of penalties, over-payments etc., on this or any other
contract with the Governor of th e Sta te of West Bengal.
Note 2. Nothing contained herein shall operate to create in favour of the Bank any
rights, claims or equities vis-à-vis the Governor.

Clause 10. If the specification or estimate of the work provides for use of any special
description of material to be supplied by the Engineer-in-Charge, (such materials &
Stores supplied stores and the prices to be charged there for as hereinafter mentioned being so far as
by Government practicable for the convenience of the contractor, but not so as in any way to control the
meaning or effect of this contract specified in the schedule or ‘Memorandum’ hereto
annexed), the contractor shall be supplied with such materials and stores as is required
from time to time to be used by him/her for the purpose of the contract only, and the
value of the full quantity of materials and stores so supplied at the rates specified in the
said schedule or Memorandum may be set off or deducted from any sums then due, or
thereafter to become due to the contractor under the contract, 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

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 the purpose. All materials supplied to the contractor shall remain the absolute property
of Government, and shall not on any account be removed from the site of the work, and
shall at all times be open for inspection by the Engineer-in-charge. Any such material
unused and in perfectly good condition at the time of the completion or determination of
the contract shall be returned to the Engineer-in-charge’s store, if by a notice in writing
under his/her hand, he/she 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 material so supplied to him/her as aforesaid being
unused by him, or for any wastage or damage to any such material.

Work to be
Clause 11. The Contractor shall execute the whole and every part of work in the most
executed in substantial and workman like manner, and both, as regards to materials and otherwise, in
accordance with every respect, in strict accordance with the specifications. The contractor shall also
specifications, conform exactly, fully and faithfully to the design and drawings, and instructions in
drawings, writing relating to the work signed by the Engineer-in-Charge and lodged in his/her office,
orders, etc. to which the contractor shall be entitled to have access at such office, or on the site of
the work for the purpose of inspection during office hours, and the contractor shall, if
he/she so require, be entitled at his/her own expense to make or cause to be made
copies of the specifications, and of all such design, drawings and instructions as
aforesaid.

Clause 12. The Engineer-in-Charge shall have powers to make any alteration in,
Alteration in omission from, addition to, or substitution for, the original specifications, drawings, designs
specification and and instructions, that may appear to him/her to be necessary or recommended by
designs do not Superintending Engineer or the Chief Engineer during the progress of work, and the
invalidate contractor shall be a t a l l ti me s b e bound to carry out these works, in accordance to
contract
any instructions which may be given to him/her in writing, signed by the Engineer-in-
charge, and such alterations, omissions, additions or substitutions, shall not invalidate the
contract but shall be deemed to have formed a part of the work included in the original
tender and any altered, additional or substituted work which the contractor may be
directed to do in the manner specified above as a part of the work shall be carried out by
the contractor on the same conditions in all respects on which he/she agreed to do the
main work, and at the same rates, if any, may be specified in the tender for the main work.
Time for the completion of the work shall be extended in the proportion that the altered,
additional or substituted work bears to the original work contract, and the certificate of the
Engineer-in-charge shall be conclusive as to such proportion. And, if the altered,
additional or substituted work includes any class of work, for which no rate is specified
in the contract, then such class of work shall be carried out at the rates entered in
the schedule of rates of concerned Works Department applicable in the district, which
Rates for works
was in force at the time of acceptance of the contract, minus/plus the percentage which
not in tender
BOQ/SoR
the total tendered amount bears to the estimated cost of the entire work put to tender;
and if the altered, additional or substituted work is not entered in the said schedule of rates,
payment thereof shall be made by the Engineer-in-charge by determining the rates on
analysis worked out from (a) the basic rates of materials and labour provided in the
aforesaid schedule of rates, or (b) the current market rates of materials and labour
when even basic rates for the work are not available in the schedule. In cases when
such rates are determined on analysis by the Engineer-in-charge under (a) above, the
stipulated percentage above or below schedule of rates as provided in the contract shall
also apply, and in case of rates worked out on analysis under (b) above, payment shall
be made at the rates so determined without application of the said stipulated
percentage. In the event of any dispute regarding rates determined on analysis for any
altered, additional or substituted work under this clause, the decision of the Superintending
Engineer shall be final and binding.

Clause 13. If at any time after the commencement of the work the Governor shall for any
No compensation
reason whatsoever not require the whole thereof as specified in the tender to be carried
for alternation in
out, the Engineer-in-charge shall give notice in writing of the fact to the contractor, who
or restriction of
shall have no claim to any payment or compensation whatsoever on account of any profit
work to be
carried out. or advantage which he might have derived from execution of the work in full, but which
he/she did not derive in consequence of the full amount of the work not having been
carried out; neither shall he/she have any claim for compensation by reason of any
alterations having been made in the original specifications, drawings, designs and
instructions which shall involve any curtailment of the work as originally contemplated.

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 Clause 14. If it shall appear to the Engineer-in-charge or his/her subordinate engineer
Action and in-charge of the work, that any work has been executed with unsound, imperfect, or
compensation unskillful workmanship, or with materials of any inferior description, or that any materials
payable in case or articles provided by the Contractor, for the execution of the work are unsound, or of a
of bad work quality inferior to that contracted for, or otherwise not in accordance with the contract,
the contractor shall on demand in writing from the Engineer-in-charge specifying the
work, materials or articles complained of notwithstanding that the same may have been
inadvertently passed, certified and paid for, forthwith rectify or remove and re-construct
the work so specified in whole or in part, as the case may require, or as the case may be
remove the materials or articles so specified and provide other proper and suitable materials
or articles at his/her own proper charge and cost; and in the event of his failing to do so
within a period to be specified by the Engineer-in-charge in his/her demand aforesaid,
then the contractor shall be liable to pay compensation at the rate of one percent on the
amount of the estimate put to tender / on up to date executed work value for every day
not exceeding ten days, while his/ her failure to do so shall continue and in the case of
any such failure, the Engineer-in-charge may rectify or remove, and re-execute the work or
remove and replace with others, the materials or articles complained of as the case may be
at the risk and expense in all respects of the contractor.

Work to Clause 15. All work under or in course of execution or executed in pursuance of the
be open to contract shall at all times be open to inspection and supervision of the Engineer-in-Charge
inspection and all his/her subordinates and also higher Officers / Authority of the Government and
the contractor shall at all times during the normal working hours, and at all other
Contractor times at which reasonable notice of the intention of the Engineer-in-charge or his/her
or his/her subordinates to visit the work site shall have been given to the contractor, either
responsible himself/herself be present to receive orders and instructions, or have a responsible
agent to be agent duly accredited in writing present for that purpose. Orders given to the contractor’s
present agent shall be considered to have the same force as if i t had been given to the
contractor himself/herself.

Notice to be Clause 16. The Contractor shall give, not less than five days notice in writing to the
given before Engineer-in-charge or his/her subordinate in-charge of the work, before covering up or
work is otherwise placing beyond the reach of measurement any work, in order that the same is
covered up so covered up or placed beyond the reach of measurement, and shall not cover up or
place beyond the reach of measurement any work without the consent in writing of the
Engineer-in-charge or his/her subordinate, in-charge of the work; and if any work shall be
covered up or placed beyond the reach of measurement without such notice having
been given or consent obtained, the same shall be uncovered at the contractor’s
expense, or, in default thereof no payment or allowance shall be made for such work or
the materials with which the same was executed.

Clause 17. If the Contractor or his/her workers or authorized representatives shall

break, deface, injure or destroy any part of the structure in which they may be working
Contractor or any building, road, road curbs, fence, canals, water pipes, cables, drains, electric or
liable for telephone posts or wires, trees, grass or grassland or cultivated ground contiguous to the
damage done premises on which the work or any part of it is being executed, or if any damage shall
and for happen to the work from any cause whatever or any imperfections become apparent in it at
imperfections for any time, whether during its execution or within a period of six months after issuance of a
180 days after certificate of its completion by the Engineer-in-Charge, the contractor shall make the same
certificate good at his/her own expense, or in default, the Engineer-in-Charge may cause the same to
be made good by other workers, and deduct the expenses (of which the certificate of the
Engineer-in-Charge shall be final and binding) from any sums, whether under the contract
or otherwise, that may be then, or at any time thereafter become due to the contractor by
the Government or from his/her security deposit, or the proceeds of sale thereof, or of a
sufficient portion thereof, and if the cost in the opinion of the Engineer-in-Charge whose
opinion shall be final and conclusive against the contractor, making such damage or
imperfections good shall exceed the amount of such security deposit and/or such sums, it
shall be lawful for the Government to recover the excess costs from the contractor in
accordance with the procedure prescribed by any law for the time being in force.

Clause 17A. 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, assisting in the joint measurement or examination at any time and
from time to time of the work or materials. Failing his/her so doing the same may be

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 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 the contract or from his/her
Security Deposit or the proceeds of sales thereof or of a sufficient portion thereof. The
Contractor shall also provide all necessary fencing / barricading / providing caution
boards etc. and light required 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 damage and costs which may be awarded in such suit, actions or proceedings
to any such persons or which may with the consent of the Contractor be paid to
compromise any claim by any such persons.

Clause 18A. In every case in which by virtue of the provisions under sub-section (1) of
Section 12, of the Workmen’s Compensation Act, 1923, the implementing Department is
obliged to pay compensation to a workman employed by the contractor, in execution of
the works. The implementing Department will recover from the Contractor the amount of
compensation so paid; and without prejudice to the rights of the Department under sub-
section (2) of section 12, of the said Act, implementing Department 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 implementing Department to the Contractor whether under this contract
or otherwise. The implementing Department shall not be bound to contest any claim made
against it under sub-section (1) Section 12, of the said Act, except on the written request
of the contractor and upon his/her giving to the implementing Department full security
for all costs for which the Department might become liable in consequence of contesting
such claims.

Clause 18B. In every case in which by virtue of the provisions under ‘The Contract
Labour (Regulation & Abolition) Act 1970’, and its amendments and rules, the
implementing Department is obliged to pay amount 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
framed by Government from time to time for the protection of health and sanitary
arrangements for workers employed by Contractors, executing Department 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 executing Department under sub-
section(2) of Section 20, and sub-section (4) of Section 21, of the Contract Labour
(Regulation and Abolition) Act, 1970, executing Department shall be at liberty to recover
such amount or any part thereof by deducting it form the security deposit or from any
sum due by Executing Department to the Contractor whether under this contract or
otherwise and the executing Department 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 Contactor and upon his/her giving to the
implementing Department full security for all costs for which the Department might
become liable in contesting such claim.

Clause 19. The Contractor shall obtain a valid license under the Contract Labour
(Regulation and Abolition) Act, 1970, before the commencement of the work, and continue
to have valid licenses until the completion of the work. The contractor shall also abide by
the provisions of the Child Labour (Prohibition and Regulation) Act, 1986, Fatal Accident
Act, 1855, Personal Injuries (Compensation Insurance) Act, 1970.
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’. Failure to fulfill
these requirements shall attract penal provisions of the contract, arising out of the
resultant non-implementation of such provisions.

Labour Clause 19A. No labour/s below the age of eighteen years shall be employed in the work
and the contractor shall abide by the provisions of the Child Labour (Prohibition &
Regulation) Act, 1986. Employment of female labour/s in works in the neighborhoods of
sensitive barracks should be avoided as far as possible.

Payment of Clause 19B. The Contractor shall pay to labours employed by him/her either directly or
minimum through Sub-Contractors, wages not less than fair wages as defined by the Labour
Wages to Commissioner of the State Government under ‘Minimum Wages Act, 1948’, Contractor’s
Labour Labour Regulations or as per the provisions of the Contract Labour (Regulation and

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