CONTENTS - Central Public Works Department

SECTION 33
get measured and accepted by both the parties. Delay in the taking of measurements by the
Engineer-in-charge cannot of course delay the date of completion, since shelter under this provision
cannot be resorted to for the lapse by the party taking advantage of it. Anyhow, if the contractor
delays/avoids finalizing of measurements, application of this provision will be reasonable.
33.8 Clause 10(C) of Forms no. CPWD 7 and 8
(1) Clause 10(C) provides for re-imbursement to contractor due to increase/decrease caused as a
direct result of coming into force of any fresh law or statutory rule or order (but not due to any
changes in sales tax/VAT), in the price of material incorporated in the works (excluding the materials
covered under clause 10CA) and/or wages of labour increased over prices/wages prevailing at
the time of the last stipulated date of receipt of tenders including extensions, of any, for the work
during contract period including the justified period extended under the provisions of clause 5 of
the contract without any action under clause 2. The increase should not be attributable to delay in
the execution of the contract within the control of the contractor. (Modified as per OM/MAN/167)
(2) The operation of the clause includes the increase as well as decrease in price of materials and/or
the wages of labour.
(3) To ensure uniformity in working out the rates so payable, following procedure shall be followed:
(i) Materials:
The Increased/Decreased rates of material(s) shall be approved by Zonal Chief Engineer. Payment/
Recovery shall be made by Engineer-in- Charge on the basis of theoretical consumption of
material(s) multiplied with difference in cost of such material(s) as prevailing at the time of receipt
of tender and increased/decreased rates as approved by Zonal Chief Engineer.
(ii) Labour:
(a) The increase/Decrease shall be approved and Paid/Recovered by Engineer-in-Charge on the
basis of Increase/Decrease of wages of labour coming into force as per fresh law or statutory
rule or order. (Modified as per OM/MAN/167)
(b) The Increase/Decrease labour shall be considered on the minimum daily wages in rupees if
any unskilled adult mazdoor, fixed under any law or statutory rule or order. (Added vide
OM/MAN/167A)
(4) Clause 10(C) forms an exception to the general rule of the contract that nothing more than what
has been agreed to be paid for work done is to be paid to the contractor. It is in the nature of
recompense to the contractor if during the progress of the work the price of any materials
incorporated in the works and/or wages of labour increases as a direct result of the coming into
force of any fresh law or statutory rule. The first thing is that the exception has to be strictly
construed. Secondly, it contains an in-built safeguard because it is in the nature of an equitable
reimbursement.
(5) The claim for increase over and above the prices/wages prevailing at the time of the last
stipulated date of receipt of tenders including extensions, if any, for the work during contract
period including the justified period extended under the provisions of clause 5 of the contract
without any action under clause 2, shall be payable which shall be limited to the prices/wages
prevailing at the time of stipulated date of completion or as prevailing for the period under
consideration, whichever is less. This clause shall not be applicable where clause 10CC is
applicable. (Modified as per OM/MAN/167)
(6) The component of labour for every work have to be predetermined and incorported in schdule
‘F’. This may be done as given in para 33.10.1 of the manual for clause 10CC.
(Added vide OM/MAN/160).
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