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C/o Motorable Steel Arch Bridge over river Yamne at Reglat (Bysang)

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67<br />

o) The Building and Other Construction workers (Regul<strong>at</strong>ion of<br />

Frnlrlrrym-ent and Cond,itieas of Ser*dce{ A"cf agff *ad tk Ccs A-t<br />

of 1996: ,All the establishments who carry on any building or other<br />

construction work and employs 1O or more workers are c<strong>over</strong>ed under<br />

this Act. All such establishments are required to pay cess <strong>at</strong> the r<strong>at</strong>e<br />

not exceeding 2o/o of the cost of construction as may be modified by the<br />

G<strong>over</strong>nment. The Employer of the establishment is required to provide<br />

safety measures <strong>at</strong> the Building or construction work and other welfare<br />

measures, such as Canteens, First Aid facilities, Ambulance, Housing<br />

accommod<strong>at</strong>ions for workers near the work pl.race etc. The Employer to<br />

whom the Act has to obtain a registr<strong>at</strong>ion certific<strong>at</strong>e from the<br />

Registering Oflicer appointed by the G<strong>over</strong>nment.<br />

p) Factories Act 1948: The Act lays down the procedure for approval of<br />

plans before setting up a factory, health and safety provisions, welfare<br />

provisions, working hours, annual earned leave and rendering<br />

inform<strong>at</strong>ion regarding accidents or dangerous occurrences to<br />

design<strong>at</strong>eil authorities. It is applicable to premises employing 10<br />

persons or more<br />

- -<br />

with aid of power or 20 or more persons without the<br />

ard-f power engaged h manulacturing process.<br />

3.<br />

ARBITRATION (cCC clause 25.31<br />

The procedure for arbitr<strong>at</strong>ion will be as follows:-<br />

25.3 (a)<br />

In case of Dispute or difference arising between the Employer and a<br />

domestic contractor rel<strong>at</strong>ing to any m<strong>at</strong>ter arising out of or connected<br />

with this agreement, such disputes or difference shall be settled in<br />

accordance with the Arbitr<strong>at</strong>ion and Concili<strong>at</strong>isn Act,1996. The parties<br />

shall make efforts to agree on a sole arbitr<strong>at</strong>or and only if such an<br />

<strong>at</strong>tempt does not succeed and the Arbitral Tribunal consisting of 3<br />

arbitr<strong>at</strong>ors oRe eacrh to be appointe-I bt the Employei ancl the<br />

Contractor and the third Arbitr<strong>at</strong>or to be chosen by the two Arbitr<strong>at</strong>ors<br />

so appointed by the Parties to act as Presiding Arbitr<strong>at</strong>or shall be<br />

considered. In case of failure of the two arbitr<strong>at</strong>ors appointed by the<br />

parties to reach upon a consensus within a period of 30 days from the<br />

appointment of the arbitr<strong>at</strong>or appointed subsequently, the presiding<br />

Arbitr<strong>at</strong>or shall be appointed by the *council, Indian Roads congress.<br />

(b) The Arbitral Tribunal shall consist of three Arbitr<strong>at</strong>ors one each to be<br />

appointed by the Employer and the Contractor. The third arbitr<strong>at</strong>or<br />

shall be chosen by the two Arbitr<strong>at</strong>ors so appointed by the Parties, and<br />

shall act a presiding arbitr<strong>at</strong>or. ln case of failure of the two arbitr<strong>at</strong>ors<br />

appointed by the parties to reach upon a cons€nsus within a period of<br />

3O days from the appointment of the arbitr<strong>at</strong>or appointed subsequently,<br />

the Presiding Arbitr<strong>at</strong>or shell be appointed by the *Council, Indian<br />

Roads Congress.<br />

c=O o\^J=o D=11 f:O

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