CONTENTS - Central Public Works Department

SECTION 33
[Form no. CPWD 9, 10, 11 and 11A - There is no corresponding clause in these forms.
Form no. CPWD 12 - Clause 12 of this Form is almost identical with clause 16 of Forms no.
CPWD 7 and 8.]
33.13 Clause 21 of Forms no. CPWD 7 and 8 and clause 20 of Form no. CPWD 12
(1) These clauses specify, in addition to those mentioned in clause 3 of Forms no. CPWD 7 and 8, the
circumstances under which the tender accepting authority can rescind the contract.
(2) Permission to sublet or assign the contract to another party should not be given to a contractor
under clause 21 by the Divisional Officer without prior reference to the authority who accepted the
tender.
(3) The tender accepting authority should keep the following points in view in case they decide to
grant such a permission:
(i) Sub-letting should be permitted only in exceptional cases and for recorded reasons as to why
contractor himself cannot directly run the contract.
(ii) In all cases, the sublettee should be a contractor of the same or higher capacity or class as the
original contractor.
(iii) Examining the terms and conditions of the agreement between the contractor and the sublettee
in order to satisfy himself that the contractor is not subletting the work for earning a middle
man’s profit.
(iv) It should be seen at the time of subletting that the Government will not be put to any loss on this
account and that no risk is involved.
(v) Individuals holding general power of attorney cannot operate a contract awarded to a contractor.
Note: Engagement of labour on a piece work shall not be deemed to be subletting.
[Clause 13 of Forms no. CPWD 9 is identical to clause 21 of Forms nos. CPWD 7 and 8 as far as the
subletting is concerned.
Forms no. CPWD 10, 11 and 11A - There is no corresponding clause in these forms.]
33.14 Clause 36 of Forms no. CPWD 7 and 8
(1) This clause casts an obligation on the contractor to deploy well-trained, qualified and skilled
professionals at site of work to execute only quality work, and the consequences that would arise
on his failure to do so. In order to effectively operate the provisions under clause 36, certain
instructions on this clause are given below:
Executive Engineer should ensure that the contractor is called upon, immediately after award of
work, to intimate the details i.e. name(s), qualifications, and address(es) of the qualified Engineer(s)
required to be employed by him as per terms of the contract and to ensure that properly qualified
engineer(s) employed by contractor is/are actually available at site to supervise construction at all
stages and note down the instructions conveyed by the Engineer-in-Charge or his authorized
representative namely AE or JE in site order Book. The engineer(s) should be invariably present
fully during all stages of the execution of the work. It is also essential that the certificate that
qualified engineer(s) the provisions of clause 36 has/have looked after the work during its execution
is verified and recorded by the AE alongwith each running bill. Executive Engineers should also
verify the fact of employment during their visit of works.
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