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76Dy.Ex.Engr.and if they are not entered in the said schedule, they shall bedebited to him at cost price which for the purpose of thiscontract shall include the cost of carriage and all otherexpenses whatsoever, which shall have been incurred inobtaining delivery of the same at the store aforesaid.Lumpsums inestimatesClause 32 - When the estimate on which a tender is madeincludes lumpsums in respect of parts of the work, theContractor shall be entitled to payment in respect of the itemsof work involved or the part of the work in question at thesame rates as are payable under this contract for each items,or if the part of the work in question is not in the opinion ofthe Engineer-in-charge capable of measurement, theEngineer-in-charge may at his discretion pay the lumpsumamount entered in the estimate and the certificate in writingof the Engineer-in-charge shall be final and conclusiveagainst the Contractor with regard to any sum or sumspayable to him under the provisions of this clause.Actions where nospecifications.Clause 33 - In the case of any class of work for which thereis no such specifications as is mentioned in Rule 1 of FormB-1 such work shall be carried out in accordance with theDivisional specifications, and in the event of there being noDivisional specification, then in such case the work shall becarried out in all respect in accordance with all instructionsand requirements of the Engineer-in-charge.Definition of workClause 34 - The expression " Work" or "Works" where usedin these conditions, shall unless there be something in thesubject or context repugnant to such construction , beconstruct to mean the work or works contracted to beexecuted under or in virtue of the contract , where temporaryor permanent an whether original, altered, substituted oradditional.Contractor'spercentage whetherapplied to net orgross amount of billClause 35 - The percentage referred to in the tender shallbe deducted from / added to the gross amount of the billbefore deducting the value of any stock issued.Payment of quarryfees and royaltiesG.R.No. Misc.02/05/(291)/Buildg.2,dated 11/9/2003Clause 36 - All quarry fees, royalties, octroi dues andground rent for stacking materials, if any, shall be paid by theContractor.Signature of the Contractor No. of Corrections Executive Engineer

Compensationunder Workmen'sCompensation Act.77Dy.Ex.Engr.Clause 37 - The Contractor shall be responsible for andshall pay any compensation to his workmen payable underthe Workmen's compensation Act, 1923 (VII of 1923) , (hereinafter called the said Act) for injuries caused to theworkmen. If such compensation is payable / pad by theGovernment as principal under sub-section (1) of Section 12the said Act on behalf of the Contractor, it shall berecoverable by the Government from the Contractor undersub-section (2) of the said section. Such Compensation shallbe recovered in the manner laid down in Clause 1 above.Clause 37 (A) - The Contractor shall be responsible for andshall pay the expenses of providing medical aid to anyworkman who may suffer a bodily injury as a result of anaccident. If such expenses are incurred by Government , thesame shall be recoverable from the Contractor forthwith andbe deducted without prejudice to any other remedy of theGovernment from any amount due or that may become dueto the Contractor.Clause 37 (B) - The Contractor shall provide all necessarypersonal safety equipment and first aid apparatus availablefor the use of the persons employed on the site and shallmaintain the same in condition suitable for immediate use atany time and shall comply with the following regulations inconnection therewith.a) The workers shall be required to use the equipments soprovided by the contractor and the Contractor shall takeadequate steps to ensure proper use of the equipmentby those concerned.b) when work is carried on in proximity to any place wherethere is a risk of drowning all necessary equipment shallbe provided and kept ready for use and all necessarysteps shall be taken for the prompt rescue of any personin danger.c) Adequate provision shall be made for prompt first aidtreatment of all injuries likely to be sustained during thecourse of the work.Govt. CircularNo.PWD/ID CAT-6076/3336/(400)/Bldg.2, dated16/08/1985.Clause 37 (C) - The Contractor shall duly comply with theprovisions of " the Apprentices Act, 1961" (III of 1961) , therules made thereunder and the orders that may be issuedfrom time to time under the said Act and the said Rules andon his failure or neglect to do so , he shall be subjected to allthe liabilities and penalties provided by the said Act and saidRules.Signature of the Contractor No. of Corrections Executive Engineer

76Dy.Ex.Engr.and if they are not entered in the said schedule, they shall bedebited to him at cost price which for the purpose of thiscontract shall include the cost of carriage and all otherexpenses whatsoever, which shall have been incurred inobtaining delivery of the same at the store aforesaid.Lumpsums inestimatesClause 32 - When the estimate on which a tender is madeincludes lumpsums in respect of parts of the work, theContractor shall be entitled to payment in respect of the itemsof work involved or the part of the work in question at thesame rates as are payable under this contract for each items,or if the part of the work in question is not in the opinion ofthe Engineer-in-charge capable of measurement, theEngineer-in-charge may at his discretion pay the lumpsumamount entered in the estimate and the certificate in writingof the Engineer-in-charge shall be final and conclusiveagainst the Contractor with regard to any sum or sumspayable to him under the provisions of this clause.Actions where nospecifications.Clause 33 - In the case of any class of work for which thereis no such specifications as is mentioned in Rule 1 of FormB-1 such work shall be carried out in accordance with theDivisional specifications, and in the event of there being noDivisional specification, then in such case the work shall becarried out in all respect in accordance with all instructionsand requirements of the Engineer-in-charge.Definition of workClause 34 - The expression " Work" or "Works" where usedin these conditions, shall unless there be something in thesubject or context repugnant to such construction , beconstruct to mean the work or works contracted to beexecuted under or in virtue of the contract , where temporaryor permanent an whether original, altered, substituted oradditional.Contractor'spercentage whetherapplied to net orgross amount of billClause 35 - The percentage referred to in the tender shallbe deducted from / added to the gross amount of the billbefore deducting the value of any stock issued.Payment of quarryfees and royaltiesG.R.No. Misc.02/05/(291)/Buildg.2,dated 11/9/2003Clause 36 - All quarry fees, royalties, octroi dues andground rent for stacking materials, if any, shall be paid by theContractor.Signature of the Contractor No. of Corrections Executive Engineer

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