General Conditions of Contractthe Mines Act, 1952 or any statutory modifications orre-enactment thereof the time being in force and any Rulesand Regulations made thereunder in respect of all thepersons employed by him under this CONTRACT andshall indemnify the EMPLOYER from and against anyclaim under the Mines Act or the rules and regulationsframed thereunder by or on behalf of any personsemployed by him or otherwise.122 Preservation of place: 122.1 The CONTRACTOR shall take requisite precautions anduse his best endeavours to prevent any riotous or unlawfulbehaviour by or amongst his worker and others employedor the works and for the preservation of peace andprotection of the inhabitants and security of property in theneighborhood of the WORK. In the event of theEMPLOYER requiring the maintenance of a Special PoliceForce at or in the vicinity of the site during the tenure ofworks, the expenses thereof shall be borne by theCONTRACTOR and if paid by the EMPLOYER shall berecoverable from the CONTRACTOR.123 Outbreak of infectiousdiseases:123.1 The CONTRACTOR shall remove from his camp suchlabour and their facilities who refuse protective inoculationand vaccination when called upon to do so by theENGINEER-IN-CHARGE's representative. ShouldCholera, Plague or other infectious diseases break out theCONTRACTOR shall burn the huts, beddings, clothes andother belongings or used by the infected parties andpromptly erect new huts on healthy sites as required by theENGINEER-IN-CHARGE failing which within the timespecified in the Engineer's requisition, the work may bedone by the EMPLOYER and the cost thereof recoveredfrom the CONTRACTOR.124 Use of intoxicants: 124.1 The unauthorised sale of spirits or other intoxicants,beverages upon the work in any of the buildings,encampments or tenements owned, occupied by or withinthe control of the CONTRACTOR or any of his employee isforbidden and the CONTRACTOR shall exercise hisinfluence and authority to the utmost extent to secure strictcompliance with this condition.In addition to the above, the CONTRACTOR shall abide bythe safety code provision as per C.P.W.D. safety code and<strong>India</strong>n Standard Code framed from time to time.73
General Conditions of ContractPRO<strong>FOR</strong>MA OF INDEMNITY BOND <strong>FOR</strong> SUPPLY OF MATERIALS BY EMPLOYER(To be executed on non-judicial stamped paper of appropriate value)WHEREAS <strong>GAIL</strong> (INDIA) LTD. (hereinafter referred to as <strong>GAIL</strong>) which expression shallunless repugnant to the context includes their legal representatives, successors andassigns having their registered office at 16, Bhikaiji Cama Place; R.K.Puram New Delhihas entered into a CONTRACT with ______________________ (hereinafter referred toas the CONTRACTOR which expression shall unless repugnant to the context includetheir legal representatives, successors and assigns) for ____________________on theterms and conditions as set out, inter-alia, in the CONTRACT No.................Dated............. and various documents forming part thereof hereinafter collectivelyreferred to as the "CONTRACT" which expression shall include all amendments,modifications and/or variations thereto.AND WHEREASi) <strong>GAIL</strong> has agreed to supply to the CONTRACTOR, equipment, plants andmaterials (finished, semi-finished and raw)for the purpose of EXECUTION of thesaid CONTRACT by the CONTRACTOR (the equipment, plants and materials tobe supplied by <strong>GAIL</strong> to the CONTRACTOR, hereinafter for the sake of brevityreferred to as the "said materials") and pending execution by the CONTRACTORof the CONTRACT incorporating the said materials, the said materials shall beunder the custody and charge of the CONTRACTOR and shall be kept, stored,altered, worked upon and/or fabricated at the sole risk and expense of theCONTRACTOR.ii)As a pre-condition to the supply of the said materials by <strong>GAIL</strong> to theCONTRACTOR, <strong>GAIL</strong> has required the CONTRACTOR to furnish to <strong>GAIL</strong> anIndemnity Bond in the manner and upon terms and conditions hereinafterindicated.NOW, THERE<strong>FOR</strong>E, in consideration of the premises aforesaid theCONTRACTOR hereby irrevocably and unconditionally undertakes to indemnifyand keep indemnified <strong>GAIL</strong> from and against all loss, damage and destruction(inclusive but not limited to any or all loss or damage or destruction to or of thesaid materials or any item or part thereof by theft, pilferage, fire, flood, storm,tempest, lightning, explosion, storage, chemical or physical action or reaction,binding, warping, exposure, rusting, faulty workmanship, faulty fabrication, orfaulty method or technique of fabrication, strike, riot, civil commotion, or other actor omission or commission whatsoever within or beyond the control of theCONTRACTOR, misuse and misappropriation (inclusive but not limited to themisuse or misappropriation by the CONTRACTOR and the Contractor's servantsand/or agents) whatsoever to, or of in the said materials or any part of themthereof from the date that the same or relative part of item thereof was supplied tothe CONTRACTOR upto and until the date of return to <strong>GAIL</strong> of the said materialsor relative part of item thereof or completed fabricated works(s) incorporating thesaid material and undertake to pay to <strong>GAIL</strong> forthwith on demand in writing withoutprotest or demur the value as specified by <strong>GAIL</strong> of the said material or item or part74