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CIVIL WORK - Government of Himachal Pradesh

CIVIL WORK - Government of Himachal Pradesh

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5. PROTECTION OF ENVIRONMENT:Add the following as GCC Clause 16.2:The contractor shall take all reasonable steps to protect the environment on and <strong>of</strong>f the Site and toavoid damage or nuisance to persons or to property <strong>of</strong> the public or others resulting frompollution, noise or other causes arising as a consequence <strong>of</strong> his methods <strong>of</strong> operation.During continuance <strong>of</strong> the contract, the contractor and his sub-contractors shall abide at all timesby all existing enactments on environmental protection and rules made thereunder, regulations,notifications and bye-laws <strong>of</strong> the State or Central <strong>Government</strong>, or local authorities and any otherlaw, bye-law, regulations that may be passed or notification that may be issued in this respect infuture by the State or Central <strong>Government</strong> or the local authority.Salient features <strong>of</strong> some <strong>of</strong> the major laws that are applicable are given below :The Water (Prevention and Control <strong>of</strong> Pollution) Act, 1974, This provides for the prevention andcontrol <strong>of</strong> water pollution and the maintaining and restoring <strong>of</strong> wholesomeness <strong>of</strong> water.'Pollution' means such contamination <strong>of</strong> water or such alteration <strong>of</strong> the physical, chemical orbiological properties <strong>of</strong> water or such discharge <strong>of</strong> any sewage or trade effluent or <strong>of</strong> any otherliquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to,create a nuisance or render such water harmful or injurious to public health or safety, or todomestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health <strong>of</strong>animals or plants or <strong>of</strong> aquatic organisms.The Air (Prevention and Control <strong>of</strong> Pollution) Act, 1981, This provides for prevention, control andabatement <strong>of</strong> air pollution. 'Air Pollution' means the presence in the atmosphere <strong>of</strong> any 'airpollutant', which means any solid, liquid or gaseous substance (including noise) present in theatmosphere in such concentration as may be or tend to be injurious to human beings or other livingcreatures or plants or property or environment.The Environment (Protection) Act, 1986, this provides for the protection and improvement <strong>of</strong>environment and for matters connected therewith, and the prevention <strong>of</strong> hazards to human beings,other living creatures, plants and property. 'Environment' includes water, air and land and theinter-relationship which exists among and between water, air and land, and human beings, otherliving creatures, plants, micro-organism and property.The Public Liability Insurance Act, 1991, This provides for public liability insurance for thepurpose <strong>of</strong> providing immediate relief to the persons affected by accident occurring whilehandling hazardous substances and for matters connected herewith or incidental thereto.Hazardous substance means any substance or preparation which is defined as hazardous substanceunder the Environment (Protection) Act 1986, and exceeding such quantity as may be specified bynotification by the Central <strong>Government</strong>.6. LIQUIDATED DAMAGESSub-clause 49.1:Please substitute the last sentence with the following:“Time is the essence <strong>of</strong> the contract and payment or deduction <strong>of</strong> liquidated damages shall notrelieve the contractor from his obligations to complete the work as per agreed constructionprogram and milestones or from any other <strong>of</strong> the contractor’s obligations and liabilities under thecontract.”Contractor EE 61

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