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shall be resumed as soon as practicable after such event has come to an end or ceased to exist, provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event beyond a period as mutually agreed to by the Railways and the Contractor after any event or 60 days in the absence of such an agreement whichever is more, either party may at its option terminate the Contract provided also that if the contract is so terminated under this clause the Railways may at the time of such termination take over from the Contractor at prices as provided for in the contract, all works executed or works under execution. 48. SETTLEMENT OF DISPUTE AND ARBITRATION 48.1 MATTERS FINALLY DETERMINED BY THE RAILWAY All disputes or differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract shall be referred by the contractor to the Railway and the Railway shall within 120 days after receipt of the contractor's representation make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in clauses 8(a), 18, 22(5), 39, 43(2), 45(a) 55, 55-A(5), 57, 57A, 61(1), 61(2) and 62(i)(b) of General Conditions of Contract or in any clause of the Special Conditions of the Contract shall be deemed as 'excepted matters' and decision of the Railway authority, thereon shall be final and binding on the contractor provided further that 'excepted matters' shall stand specifically excluded from the purview of the arbitration clause and not be referred to arbitration. 48.2 DEMANDS FOR ARBITRATION (i) In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the 'excepted matters' referred to in clause 49.1 of these conditions, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to Arbitration. (ii) The demand for arbitration shall specify the matters which are in question or subject of the dispute or difference as also the amounts of claim item-wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims or set off shall be referred to arbitration and other matters shall not be included in the reference. Signature of contractor Page 80 of 104 Dy CSTE/Proj/IRPMU/CNB
(a) The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway. (b) (c) The claimant shall submit his claim stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal. The Railway shall submit its defense statement and counter claims, if any within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal. (d) No new claim shall be added during proceedings by either party. However party may amend or supplement the original claim or defense thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it. (e) If the contractor(s) does/do not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims. 48.3 OBLIGATIONS DURING PENDENCY OF ARBITRATION Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings. 48.3(a)(i) In cases where the total value of all claims in question added together does not exceed Rs.10,00,000/- (Rupees Ten Lakhs only), the Arbitral Tribunal consist of a sole arbitrator who shall be either the General Manager or a gazetted officer of Rail not below the grade of JA Grade nominated by the General Manager in that behalf. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by Railway. 48.3(a)(ii) In cases not covered by clause 50.3(a)(i), the Arbitral Tribunal shall consist of a panel of three Gazetted Railway Officers not below JA Grade, as the arbitrators. For this purpose, the Railway will send a panel of more than 3 names of Gazetted Railway Officers of one or more departments, of the Railway to the contractor who will be asked to suggest to General Manager upto 2 names out of Signature of contractor Page 81 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
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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 and 78: On expiry of the maintenance and wa
Page 79: material supplied by the Contractor
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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