CIVIL WORK - Government of Himachal Pradesh

advance payments received up to the date of the certificate, less other recoveries due in terms ofthe contract and less taxes due to be deducted at source as per applicable law.61. Property61.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be theproperty of the Employer, if the Contract is terminated because of a Contractor’s default.62. Release from Performance62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside thecontrol of either the Employer or the Contractor the Engineer shall certify that the Contract hasbeen frustrated. The Contractor shall make the Site safe and stop work as quickly as possible afterreceiving this certificate and shall be paid for all work carried out before receiving it and for anywork carried out afterwards to which commitment was made.63. Suspension of World Bank Loan or Credit63.1 In the event that the World Bank suspends the Loan or Credit to the Employer, from which part ofthe payments to the Contractor are being made:(a)(b)The Employer is obligated to notify the Contractor of such suspension within 7 days ofhaving received the World Bank’s suspension notice.If the Contractor has not received sums due to it upon the expiration of the 28 days forpayment provided for in Sub-Clause 43.1, the Contractor may immediately issue a 14-daytermination notice.64. Corrupt or Fraudulent Practices:64.1 If the Employer determines that the Contractor has engaged in corrupt, fraudulent,collusive coercive or obstructive practices, in competing for or in executing the Contract,then the Employer may, after giving 14 days notice to the Contractor, terminate theContractor’s employment under the Contract and expel him from the Site, and theprovisions of Clause 59 shall apply.Should any employee of the Contractor be determined to have engaged in corrupt,fraudulent, collusive, coercive, or obstructive practice during the execution of the works,then that employee shall e removed in accordance with Clause 9 (Personnel).For the Purposes of this Sub-Clause:(i) “corrupt practice” 6 is the offering, giving, receiving or soliciting directly or indirectly, ofanything of value to influence improperly the actions of another party;(ii) “fraudulent practice” 7 is any act or omission, including a misrepresentation, thatknowingly or recklessly misleads, or attempts to mislead, a party obtain a financial orother benefit or to avoid an obligation;(iii) “collusive practices” 8 is an arrangement between two or more parties designed to achivean improper purpose, including to influence improperly the actions of another party;6 “another party” refers to a public official acting in relation to the procurement process or contractexecution]. In this context, “public official” included World Bank staff and employees of otherorganizations taking or reviewing procurement decisions.7 a “party” refers to a public official; the terms “benefit” and “obligation” related to the procurementprocess or contract execution; and the “act or omission” is intended to influence the procurement process orcontract execution.Contractor EE 54