General Conditions of Contract36 Contractor's subordinatestaff and their conduct36.1 The CONTRACTOR, on or after award of the WORK shall nameand depute a qualified engineer having sufficient experience incarrying out work of similar nature, to whom the equipments,materials, if any, shall be issued and instructions for works given.The CONTRACTOR shall also provide to the satisfaction of theENGINEER-IN- CHARGE sufficient and qualified staff tosuperintend the execution of the WORK, competent sub-agents,foremen and leading hands including those specially qualified byprevious experience to supervise the types of works comprised inthe CONTRACT in such manner as will ensure work of the bestquality, expeditious working. Whenever in the opinion of theENGINEER-IN- CHARGE additional properly qualifiedsupervisory staff is considered necessary, they shall beemployed by the CONTRACTOR without additional charge onaccounts thereof. The CONTRACTOR shall ensure to thesatisfaction of the ENGINEER-IN-CHARGE thatSUB- CONTRACTORS, if any, shall provide competent andefficient supervision, over the work entrusted to them.36.2 If and whenever any of the CONTRACTOR's orSUB- CONTRACTOR'S agents, sub-agents, assistants, foremen,or other employees shall in the opinion ofENGINEER-IN- CHARGE be guilty of any misconduct or beincompetent or insufficiently qualified or negligent in theperformance of their duties of that in the opinion of theEMPLOYER or the ENGINEER-IN-CHARGE, it is undesirable foradministrative or any other reason for such person or persons tobe employed in the works, the CONTRACTOR, is so directed bythe ENGINEER-IN-CHARGE, shall at once remove such personor persons from employment thereon. Any person or persons soremoved from the works shall not again be employed inconnection with the WORKS without the written permission of theENGINEER-IN- CHARGE. Any person so removed from theWORK shall be immediately re-placed at the expense of theCONTRACTOR by a qualified and competent substitute. Shouldthe CONTRACTOR be requested to repatriate any personremoved from the works he shall do so and shall bear all costs inconnection herewith.36.3 The CONTRACTOR shall be responsible for the properbehaviour of all the staff, foremen, workmen, and others, andshall exercise a proper degree of control over them and inparticular and without prejudice to the said generality, theCONTRACTOR shall be bound to prohibit and prevent anyemployees from trespassing or acting in any way detrimental orprejudicial to the interest of the community or of the properties oroccupiers of land and properties in the neighborhood and in theevent of such employee so trespassing, the CONTRACTOR shallbe responsible therefore and relieve the EMPLOYER of allconsequent claims or actions for damages or injury or any othergrounds whatsoever. The decision of theENGINEER-IN-CHARGE upon any matter arising under thisclause shall be final. The CONTRACTOR shall be liable for anyliability to EMPLOYER on account of deployment ofCONTRACTOR's staff etc. or incidental or arising out of theexecution of CONTRACT.The CONTRACTOR shall be liable for all acts or omissions onthe part of his staff, Foremen and Workmen and others in hisemployment, including misfeasance or negligence of whatever24
General Conditions of Contractkind in the course of their work or during their employment, whichare connected directly or indirectly with the CONTRACT.36.4 If and when required by the EMPLOYER and CONTRACTOR'spersonnel entering upon the EMPLOYER's premises shall beproperly identified by badges of a type acceptable to theEMPLOYER which must be worn at all times on EMPLOYER'spremises. CONTRACTOR may be required to obtain daily entrypasses for his staff/employees from EMPLOYER to work withinoperating areas. These being safety requirements, norelaxations on this account shall be given to CONTRACTOR.37 Sub-letting of works: 37.1 No part of the CONTRACT nor any share or interest therein shallin any manner or degree be transferred, assigned or sublet bythe CONTRACTOR directly or indirectly to any person, firm orcorporation whatsoever without the consent in writing, of theENGINEER/EMPLOYER except as provided for in thesucceeding sub-clause.i) SUB-CONTRACTS <strong>FOR</strong> TEMPORARY WORKS ETC.:The EMPLOYER may give written consent to Sub- contractfor the execution of any part of the WORK at the site, beingentered in to by CONTRACTOR provided each individualSub- contract is submitted to the ENGINEER-IN-CHARGEbefore being entered into and is approved by him.ii)LIST OF SUB-CONTRACTORS TO BE SUPPLIED:At the commencement of every month the CONTRACTORshall furnish to the ENGINEER-IN- CHARGE list of allSUB-CONTRACTORS or other persons or firms engaged bythe CONTRACTOR and working at the SITE during theprevious month with particulars of the general nature of theSubcontract or works done by them.iii) CONTRACTOR'S LIABILITY NOT LIMITED BYSUB- CONTRACTORS:Notwithstanding any sub-letting with such approval asaforesaid and notwithstanding that the ENGINEER-IN-CHARGE shall have received copies of any Subcontracts,the contractor shall be and shall remain solelyresponsible for the quality, proper and expeditious executionof the Contract in all respects as if such sub-letting orSubcontracting had not taken place, and as if such workhad been done directly by the CONTRACTOR. TheCONTRACTOR shall bear all responsibility for any act oromission on the part of sub-contractors in regard to work tobe performed under the CONTRACT.iv) EMPLOYER MAY TERMINATE SUB-CONTRACTS:If any SUB-CONTRACTOR engaged upon the works at thesite executes any works which in the opinion of theENGINEER-IN-CHARGE is not in accordance with theCONTRACT documents, the EMPLOYER may by writtennotice to the CONTRACTOR request him to terminate suchsubcontract and the CONTRACTOR upon the receipt of25