CONTENTS - Central Public Works Department

SECTION 26
(3) Maintenance of account for materials issued
The Sub-Divisional Officer shall maintain a proper numerical account in Form 35 A for materials
issued to the Contractor.
(4) Recovery for excess/less use of bitumen
(i) Where free supply of bitumen is stipulated, recovery rate for supply in excess of permissible
variation (2.5% over theoretical consumption), shall be equal to the stock issue rate plus 10%
or market rate whichever is higher. No recovery should be made for less use of bitumen.
(ii) Where bitumen is supplied at a fixed rate, recovery at issue rate plus 10% or market rate
whichever is higher should be made for supply in excess of permissible variation over theoretical
consumption. Where less than theoretical requirements of bitumen is used, recovery at issue
rate plus cartage should be made for difference between actual consumption and theoretical
requirement of bitumen.
26.5 Return of surplus materials
(1) Where any material for the execution of the contract is procured with the assistance of Government,
either by issue from Government stocks or purchase made under orders or permits or licenses
issued by the Government, the contractor is required to use the said materials economically and
solely for the purpose of the contract, and not dispose of them without the written permission of the
Government. He should return, if required by the Engineer-in-charge, all surplus or unserviceable
materials that may be left with him after completion of the 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 Engineer-in-charge shall be final and conclusive.
(2) 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 license 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.
(3) The exact proportion in which the materials are to be used by the contractor, for which he has
tendered for the finished items of works, is laid down in the Specifications/Schedule of Rates. The
theoretical quantities of the materials that should have been used by the contractor on execution
of the work should be calculated according to the Specifications/Schedule of Rates provided in
the contract. According to clause 42 of the agreement, the difference between the theoretical
consumption and the total actual issues that is not returned by the contractor, is to be recovered at
the prescribed rate after allowing variation allowed therein.
(4) Similarly, the cost of the materials less used, based on the stipulated issue rates etc., is to be
regulated according to the provisions of the said clause.
(5) The excess consumption of materials beyond the permissible limit as given in clause 42 of the
contract shall be recovered at normal stipulated rate +10%.
26.5.1 Recovery of materials issued for rectification of defects
In order to discourage a contractor from doing bad work, no allowance is to be given for the materials
issued for rectification of defects. The materials issued for rectification of defective work should be recorded
separately and recovered at double the issue rate. The work that is re-done should be measured for
record purpose if the dismantled work has already been measured.
26.5.2 Recovery of materials issued for re-doing works due to circumstances beyond the control
of the contractor
If it becomes necessary to issue cement or any other material for rectification of defects or for redoing
works that are necessitated due to natural calamity beyond the control of a contractor, such as
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