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45.1 The Contractor and all personnel employed by him shall pay such taxes like Income Tax as are payable under statutory laws of India and the Purchaser WILL NOT ACCEPT any liability for the same. 45.2 Deduction of Income Tax at source as per provisions of Finance Act and Income Tax Act in force shall be made from the Contractor/Sub-Contractor and the amount so deducted may be credited to the Central Government. 45.3 Wherever the law makes it statutory for the Purchaser to deduct any amount towards Sales Tax on Works Contract, the same will be deducted and remitted to the concerned authority. 45.4 INFRASTRUCTURE BENEFIT COST 45.4.1 The tenderer shall ensure the availability of infrastructure Benefit for reduced custom duty, if applicable. The goods would be in Railways’ name. The tenderers shall be responsible for custom clearance, transportation and insurance etc, on behalf of the Railways including payment of custom duty, insurance, freight and other charges, if any tenderers shall also be responsible for availing infrastructure benefit, if any, on behalf of purchaser. Purchaser will issue necessary letter of authorization required for the purpose. The equipment will remain with the tenderer at his risk till it is finally taken over. If such infrastructure benefit is not applicable, tenderers shall quote the price of goods and services mentioned in price schedule with all duties applicable at the time of submission of bids. 46. INSURANCE 46.1 The Contractor shall take out and keep in force a policy or policies of insurance against all liabilities of the Contractor or the Purchaser at common law or under any statute in respect of accidents to persons who shall be employed by the contractor in or about the site for the purpose of carrying out the works on the site. The Contractor shall also take out and keep in force a policy or policies of Insurance against all recognized risks to their offices and depots. Such insurance shall in all respects be to the approval of the Purchaser and if he so requires in his name. 46.2 INSURANCE OF MATERIALS & INSTALLATIONS The Contractor shall normally, take out and keep in force a policy or policies of Insurance for all materials including Railway supply materials equipment irrespective of whether used up in the portion of work already done or kept for the use in the balance portion of the work until such works are provisionally handed over to the Railways. In the present work, however, as the value of Signature of contractor Page 78 of 104 Dy CSTE/Proj/IRPMU/CNB
material supplied by the Contractor or Railways is small, the contractor may decide not to take aforesaid insurance. This, however does not absolve him of the responsibility that he bears as the custodian of these material at site and will be solely responsible for any loss/damage to material on all account except as elaborated in Item 46.3. For this purpose the works are deemed to have been provisionally handed over when Provisional Acceptance certificate is issued for the Sub-section as per para 26 of SCC. 46.3 The Contractor shall not be liable for losses/damages to the materials either used up in the portion of work done or his material kept for use at site, in consequence of mutiny, or other similar causes over which the Contractor has no control and which cannot be insured. Such losses or damages shall be the liability of the Purchaser and if required by the Purchaser, be made good by the contractor, at the cost of the Purchaser. 46.5 It may be noted that the beneficiary of the insurance policy, if any should be Railways or the policies should be pledged in favour of Railway. The contractor shall keep the policy/policies current till the installations are provisionally handed over to the Purchaser. It may also be noted that in the event of contractor's failure to keep the policy current and alive, renewal of the policy will be done by the purchaser for which the cost of the premium plus 20% of premium shall be recovered from the contractor. 46.6 For purpose of enabling the contractor to take the insurance cover in connection with this contract, the purchaser's engineer will advise the approximate price of all the Railway supply materials to the contractor. 46.7 The Contractor shall take out all Insurance covers in connection with this contract with any Government of India Undertaking Insurance Company only. 47. FORCE MAJEURE CLAUSE If at any time, during the continuance of this contract, the performance, in whole or part, by either party, of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, act of the public enemy, Civil Commotion, Sabotage, Fires, Floods, Earth quakes, explosions, strikes, epidemics, quarantine, restrictions lockouts, any statute, statutory rules, regulations, order of requisitions issued by any Government Department or Competent Authority or acts of God (here-in after referred to as event) then provided notice of the happening of any such, event is given by either party to the other within twenty one days from the date of occurrence thereof neither party shall by reason of such event be entitled to terminate this Contract nor shall either party have any claim for damage against the other in respect of such nonperformance or delay in performance, and the obligations under the Contract Signature of contractor Page 79 of 104 Dy CSTE/Proj/IRPMU/CNB
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IRPMU INDIAN RAILWAYS PROJECT MANAG
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INDEX SECTION CHAPTER SUBJECT I 1 T
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INDIAN RAILWAY PROJECT MANAGEMENT U
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PREAMBLE 1 Tender Notice No. IRPMU/
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j. The Earth enhancement material s
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B) Typical bonding and Earthing con
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2.3.2 Sch. B Design Modification of
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assembly, guide element, female con
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Wiring in relays housing shall be u
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4.3 a) The tenderer(s) should submi
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these originally quoted for, based
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Section - I Chapter - 3 Schedule of
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Schedule -B Schedule for Alteration
Page 27 and 28: SCHEDULE -C Schedule for Supply of
Page 29 and 30: Section - II Chapter - 1 Instructio
Page 31 and 32: 23. AUTHORITY FOR ACCEPTANCE 24. PU
Page 33 and 34: "CONTRACTOR” Means the successful
Page 35 and 36: change of price, or time schedule o
Page 37 and 38: within reasonable time after the fi
Page 39 and 40: 7.1 Any individual(s) signing the t
Page 41 and 42: entertained. 16. WRONG INFORMATION
Page 43 and 44: 18.2.3 COMPLETION PERIOD OF WORK Th
Page 45 and 46: derived from the multiplication of
Page 47 and 48: Section - II Chapter - 2 Special Co
Page 49 and 50: 20. ADDITION/REDUCTION OF WORK 21.
Page 51 and 52: SPECIAL CONDITIONS OF CONTRACT 1. T
Page 53 and 54: irrevocable bank Guarantee (issued
Page 55 and 56: 6.6 No facility whatsoever, e.g. pr
Page 57 and 58: 9 MATERIAL SUPPLIED BY CONTRACTOR 9
Page 59 and 60: 15.1 The tenderer shall certify tha
Page 61 and 62: and cost of the contractor. In the
Page 63 and 64: During inspection of installation b
Page 65 and 66: All the work shall be executed in s
Page 67 and 68: approved test procedure have been c
Page 69 and 70: 29.3 During the period of Warranty,
Page 71 and 72: the reimbursement in full or in par
Page 73 and 74: If such a failure as aforesaid shal
Page 75 and 76: Banker's charges for guarantees, co
Page 77: On expiry of the maintenance and wa
Page 81 and 82: (a) The Arbitration proceedings sha
Page 83 and 84: 48.3(b)(iii) A party may apply to t
Page 85 and 86: FORM No. 1 : FORM No. 2 : FORM No.
Page 87 and 88: Until a formal agreement is prepare
Page 89 and 90: Signed and delivered at ………
Page 91 and 92: 4. We .............................
Page 93 and 94: FORM-6 Para-8.2/Section II Chapter
Page 95 and 96: ACKNOWLEDGEMENT (FOR RECEIVING MATE
Page 97 and 98: FORM-12 Para-36/Section II Chapter
Page 99 and 100: FORM-14 RECEIPT CERTIFICATE (FOR SU
Page 101 and 102: Section - III Chapter - 1 Technical
Page 103 and 104: aspect until the line is clear upto
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