Tendernotice 1
Tendernotice 1
Tendernotice 1
E
E-NIT No.31 / (E&M)M-3/ 2023-24
Online item rate tenders are hereby invited for the following work from the E&M E& registered contractors in
DJB/CPWD/MES/ DDA / MCD / NDMC(E) (E) / Railway as per eligibility criteria mentioned & will be received electronically
& opened as per schedule mentioned below. Bidders shall have to comply with all the general & special items &
conditions, circulars, contract conditions etc. issued by Delhi Jal Board from time to time:
time:-
6 Deployment of staff at New Avantika HT Booster Pumping Item rate 500 19900.00 120 days
Station in AC-13 re invite
7 De-watering of sewage water after installation of sewer trolley Item rate 500 16200.00 60 days
in Bawana constituency
8 Deployment of staff at Sec 07 Rohini Booster Pumping Station Item rate 500 19900.00 120 days
re invite
NOTE: Validity of Tender shall be ‘120-days days from the date of receipt’. NIT along with all Terms & Conditions are
available on Delhi Government’s Web-Site Site http://delhi.govtprocurement.comAgencies
Agencies may contact O/O EE (E&M)
( M-3
for additional information or any clarification. This office is not liable to entertain for the submission of tender fee/ other
documents through courier dak or through postal service/ or unauthorized persons. Such tenders shall be rejected. Bid
should
hould contain scanned documents giving details of tender fee.
(Pradeep
Pradeep Poswal)
Poswal
EE (E&M) M-3
M
NO. DJB/ EE (E&M) M-3/ e-NIT/ 2023-24/ Dated: 23.03.2024
Copy to:-
1. Vice-Chairman (Delhi Jal Board): For kind information, please.
2. Chief Executive Officer (Delhi Jal Board): For kind information, please.
3. Member (Administration) / Member (Finance): For kind information, please.
4. Member (W.S.) / Member (Dr.): For kind information, please.
5. Additional C.E.O.: For kind information, please.
6. Director (F&A): For kind information, please
7. Director of Vigilance: 2-Copies.
8. SE(M)-3/ EE (EDP-Cell).
9. Consultant-PRO (DJB): for kind information, please.
10. All AE (E&M)M-3 / AO (E&M) M-3.
11. AAO (E&M)M-3 / ASO (E&M) M-3
12. Draughtsman (Grade-I) / Draughtsman (Grade-II).
13. Allahabad Bank Copernicus Marg Branch, New Delhi [email: [email protected] ]
14. Computer-Operator / Case-Files /
15. Notice Board / Office Copy.
PAGE – 2
1. Bid part-A should contain scanned documents giving details of ‘Tender Processing Fee’ and Eligibility-
Criteria. Documents required to be scanned in support of each item, as given on Page No. 3 to 5.
2. Bidder’s instructions regarding electronic submission of Tender fee:-
i) ‘Tender Processing Fee’ will be NON-Refundable, and every Bidder has to submit the ‘Tender Processing
fee’, electronically through given link are as under:-
Details of Applicant
Link http://services.sabpaisa.in/ pages/demo/djboard.html
Beneficiary Name/ in favour of <NIT No>/ <Item No.> Delhi Jal Board.
Bidder’s name <Date and time of closing> Bidder’s name
Address <Bidder’s Address>
ii) Bidders must upload the scanned copy of RTGS/NEFT customer confirmation in place of DD/Pay order along
with the bid before the date and time of closing of the bids. If Tender fee is transferred through on line banking,
confirmation receipt indicating transaction number should be uploaded.
iii) The bidders having their account with branch of Allahabad bank should contact Allahabad bank Copernicus
Marg on phone No.-23386843, Mobil No.-7992282654 and Fax No. to ensure submission of Tender fee
incorrect Syndicate bank accounts
iv) Tender processing fee @ 500.00 will be non-refundable and every bidder has to submit the tender processing
fee.
v) This fee for participation in bid will be deposited by all contractors through RTGS/NEFT in Allahabad Bank
Account No: 39804 (DJBEMD Account).
vi) Bids submitted without tender fee shall be liable for rejection.
vii) The firms need to deposit EMD in same account details given for tender processing fees or upload the Bid
security declaration as per format given below vide OM number F9/ 4/ 2020- PPD dated. 12.11.2020 issued by
ministry of finance and endorsed by DJB on dated. 23.12.2020.
viii) The Bid security declaration should be submitted on non judicial stamp paper of Rs. 100/-only and the same
should be notarized, for each item separately.
Continued….
PAGE – 3
3. On-line Bid Part-B of Tender shall consist of Financial-Bid (Tender-Form i/c Rates quoted).
4. Tenders will be received only on-line on 29.03.2024 (up to 11:15 AM) and Part-A shall be opened on
29.03.2024 (at 11:30 AM) for further scrutiny. Bid Part-B shall also be opened on as & when Technical-Bid
opened & Tender Fee/ Earnest Money confirmed of eligible tenders, who fulfill the eligibility criteria/
required documents if found in order under Bid Part-A. If any
5. of the above date happens to be a holiday, the next working-day will be considered for all-purposes.
Conditional-tender shall not be considered.
6. The tenderer must be fully conversant with the documents to form part of contract agreement i.e.
Instructions to bidders 1 to 11, General Conditions 1 to 30, Special Conditions/ Specifications/ Scope for
the particular Nature-of-Work, Clauses of Contract 1 to 30, Safety-Codes 1 to 16, Model-Rules 1 to 12,
CPWD Contractor Labour Regulations 1 to 18 (Standard documents) are available on web-site and the
same can also be had against payment of Rs. 150/- for information of tenderer. However these are not
attached with tender documents.
7. The firms/Units registered with Central Purchases organization, National Small Industries Corporation
Limited are eligible to get benefits of exemption of EMD as per issued circular of EO to C.E (Dr) Project-I.
vide No.DJB/CE(DR)Project/2018 dated 27.12.2018 only for supply of goods and services which are
included in the list of items reserved for purchase from MSEs and not for work contracts.
Documents required to be uploaded, against Each-Item:
1. An Affidavit on e-Stamp Paper (having Validity of at-least ONE-Month from the Date of Opening of Tender)
with the ‘Certificates’, in this Order only, as applicable with the Firm be submitted:-
i. That M/S. (Name of the Firm) is Registered with (Name of the Department)in (Electrical) /
(Mechanical) or (Both) Supply or/ and Job-Works.
ii. That the Validity of Firm’s Registration is up-to ___(Date)__.
iii. That we can participate up-to ____(INR)________ Lacs.
iv. That we are Authorized-Dealer/ Manufacturer of the Product(s) of required Make(s), as per e-NIT/ Item
No.
v. That we have attested all the Papers in support of this.
vi. That we have scanned& up-loaded only the required documents, in support of items in which we have
participated.
vii. That it is further Certified that we havenot been Black-listed/ De-barred from any of the Departments,
as on ___(Date of Participation).
viii. That we do not have any ‘Blood-Relative’, working in Delhi Jal Board OR we have a ‘Blood-Relative’,
working in (Name of the Office/ Division) of Delhi Jal Board.
ix. That the Net worth of the firm is positive, on or before the date of bidding.
x. That the solvency amount of the firm is equal to or more than 40% Estimated cost of work
2. The firms will also submit the performance certificate as per CPWD basis.
3. The firm must enclose Scanned copy of all the three papers of GSTIN Number and also enclose Scanned copy
of latest original GST Return & Income Tax Return in bid part A.
4. Copy of ‘Mandate-Form’, Latest.
5. The firm should be registered for Electrical & Mechanical Supply/ Works, wherever applicable, as it involves
Mechanical/ Electrical Work.
6. The firm should be registered with ESI/ EPF authorities wherever applicable & will submit the douments as
proof specially in cases of R.M.O./ hiring of D.G. Sets / pumps/ manpower etc.
7. The copy of Electrical License Valid in Delhi is must for works involving Electrical Works & RMO- Cases/
Hiring DG-Set, Pumps etc.
8. The tenders of those firms who have not started/completed previous awarded work in DJB within stipulated
period as per B.O.Q/ specifications shall be rejected. This also includes those firms which are not responding
/attending the work in guarantee period and also those who are delaying the execution of C.A.
9. In Case of working/ cleaning/ desilting at sewerage sump the labour should be provided with safety gears and if any
casualty occurs in such work the contractor is liable to pay Rs. Ten Lakh to the laborere’s relatives or the sum as
decided statutorily from time to time whichever is higher.
10. The firm should have successfully completed similar type of work during last three years with central Govt./state
Govt. costing not less than (i) One work having 80% cost (ii) two works having 60% cost.(iii) three work having
40% cost and should submit proof of adequate experience in support of the above indicating man power and
machinery to complete the works. The completion certificate should be issued by the officer not below the rank
of Executive Engineer with following details. (A) The date of completion of works. (B) Nature of work along with
bill of quantities. (C) Cost of works done. (D) The work has been completed satisfactory (E) The completion
cerificate must be with date & dispatch No. of issusing authority. The firm will also submit the scanned copy of
(original) all above documents otherwise tenders shall be liable for rejection.
11. The successful bidder shall ensure that the safety measures are followed strictly. In case of any accident/death,
the contractor shall be liable to pay minimum compensation as provided under Workmen Compensation Act-
1923 & amendments thereof. In case of failure, DJB shall have the right to make the compensation & recover
the amount from the Contractor. Further DJB reserves the right to debar the firm from tendering/black testing if
the above condition is not adhered to by the firm/contractor.
12. Any loss/damage occurred during execution of work will be borne/made good by the contractor.
13. In cases like RMO/ Hiring/ Lowering - Lifting/ Dismantling- Re-Commissioning of Tube-Wells, the firm will
take up the work within four hours on receipt of information either telephonically or in writing failing which
penalty would be imposed @ Rs.1000/- per hour to the maximum ceiling of Rs. 10000/- per day. This penalty
would be beyond provision of 10% levy of compensation for delay.
14. In RMO cases, the firm will submit the Handing over/ Taken over of the inventory of the installations and the
list of the staff to be deployed at site with names, father’s names, photographs, address etc. duly attested by the
firm on letter head, before starting of work.
15. The successful bidder can be asked to supply any specific make/ makes from the B.O.Q.
16. In RMO Cases where sites will be taken over by the firm, the agency has to submit the indemnity bond of
equivalent amount of the equipments& machinery as mentioned in BOQ at the time of awarding of work.
17. Tenders will be straightaway rejected for the bidders who quoted rates less than minimum wages rates as
prescribed by the Govt. of NCT of Delhi.
18. In RMO cases bidders have to quote rates (Contractor profit part on minimum wages) in percentage which
cannot be Non Positive”.
19. As per quoted rates by the bidder according to condition no. 16 & 17, ESI / EPF being government leivies taken
in EMD calculation and will be considered in the work order, on current minimum wages according to labour
law and will be released as per actual after submission of documentary proof by the bidder”.
(3) Additional-Information:-
1. Only required Documents should be scanned in each-item in pdf-Form & No documents should be attached
in NON-Statutory form of Documents. The matter should be on a ‘NON-Judicial e-Stamp Paper’ (having
Validity of at-least ONE-Month from the Date of Opening of Tender).
2. Common-Folder of Work(s) will not be scrutinized since it requires a lot of Time in scrutinizing the Papers
and searching the similar-nature of Work. So, only required nature of Work’s Documents, W.O., which are
valid as per e-NIT should only be scanned, strictly.
3. For Item No. only Regular Authorized-Dealers/ service centre, preferrably/ Manufacturers of respective-
Items are eligible to quote rates. The ‘Date of Validity’ of Regular Authorised-Dealership must be
mentioned in the Dealership-Certificate.
4. The bidders are expected to visit the concerned site before quoting & submitting bid.
5. The firm should be registered for Electrical & Mechanical Supply/ Works, wherever applicable, as it
involves Mechanical/ Electrical Work.
6. The Name of the Firm/ Contractor __________ should appear in the B.O.Q. else the Offer will not be
considered. The decision of the Chairman of the Tenders Opening-Committee will be final & binding.
7. Authorized-Signatory of the Firm should Sign/ Attest all the documents attached/ scanned in Support of
quoted-item else this may not be considered.
8. Awarding/ Acceptance of Works/ Supplies on documents scanned earlier does not entitle any Firm eligible
for the present supplies/ Works or any other Item in the same NIT or in future.
9. Other conditions circulated by DJB, from time to time to be strictly followed, which are feasible for All-
Works.
10. Any or all the tenders can be rejected at any stage by assigning specific-reason; However the firms
participating in the bids should go through all requirements of each item of NIT and should carefully fullfil
all the conditions so that their bids could be accepted as accepting the bid in any item may not entitle the
same firm eligible for the other item of the same NIT depending upon Nature of the Work.
11. Applicable Percentage of GST (Item-wise, against a particular Item of NIT), should be quoted/ entered at
appropriate place by the Bidder.
12. This division has already applied for Registration of Labour license with the labour department &persuing;
However Form ‘V’ can be issued to firm after registration with the Labour-Department only, wherever
applicable.
13. Requisite-Qualifications of Staff for RMO-Cases: The Staff/ Labour [to be deployed for RMO-Cases
(Tube-wells, BPS & SPS)] of the Bidder/ Contractor/ Firm, participating in the Tender/ Bid, should be
adequate in number and possess minimum Academic & Technical-Qualifications or is Trained/
Experienced, as per ‘Skilled/ Semi-Skilled/ Un-Skilled Categories’ of Employment, as the Case may be, in
accordance to Requirement of Staff/ Labour quoted in the Specification/ BOQ of Work (Item-wise).
14. The E.S.I./ P.F., if claimed, will only be Reimbursed/ Paid, as per actual, wherever applicable and the firm
will be fully responsible for documentary proof/ challans submitted by the firm.
15. Bidders should comply with various applications &Labour-Laws, which are Notified by Labour-
Department (GNCTD), time-to-time, wherever applicable.
16. Bidders should not allow/ enagage any Female Employee/ Work-Lady in RMO type of cases.
17. It will be the sole responsibility of the firm for payment of wages to his contract labour as per minimum
wage act. A certificate has to be given by the firm.
18. The firm should pay wages through account payee cheques / ECS to his workers. Payment to the labour to
be engaged against should be disbursed / made on or before 10th of every month.
19. Any Amendment/ Corringendum made in this N.I.T., in future, can also be viewed on the website
https://govtprocurement.delhi.gov.in& must be considered before participation of the last date of NIT.
20. The L-1 Bidder can assess his Bid on internet, and should remain in Contact with the Diary/ Despatcher &
the Dealing-Clerk of the division for executing the C.A. and for getting the W.O./ S.O. collected timely to
avoid delay in execution of Work/ Supply.
21. Clause No. 17.0 of ‘Rules of Enlistment of Contractors in D.J.B.’, which was followed in Delhi Jal Board,
has been modified and henceforth be read, as under:-
a) Clause 17.1, Restrictions for Close-Relatives: C.E.O, All-Members, All-Directors, Joint-Directors,
Secretary (DJB), All Assistant-Commissioners, Deputy-Directors, CWAs, ACWAs, Entire Engineering-
Cadre from JE to CE (both inclusive) and entire Finance-Cadre from Divisional-Accountant and above,
themselves and their Close Family-Members will not be allowed to be enlisted as DJB Contractor and will
not be allowed to participate in the Tenders of Delhi Jal Board during their tenure of service in DJB. For
this purpose, definition of ‘Close Family-Member’ shall include respective Spouse, Parents, Children and
Children’s Spouses.
b) Clause 17.2, Restriction for Near-Relatives: In addition to above, Contractors whose near relatives are in
the Finance-Cadre in the Rank of Divisional-Accountant and above or Engineering-Officers between the
grades of JE & CE (both inclusive) in the Delhi Jal Board will not be allowed to tender for Works, if the
Circle responsible for Award & Execution of Contract is the one where the near relative is working or
supervising. For this purpose, ‘Near-Relatives’ shall include Grand-Parents, Grand-Children, Brothers,
Sisters, Uncles, Aunts, Cousins and their Spouses and corresponding in-laws. For the sake of clarity, it is
reiterated that Close-Relatives (respective Spouses, Parents, Children and Children’s Spouses and the
Individual himself/ herself) stand barred, already as per Clause 17.1.
22. Financial Eligibility Criteria, 1.2 (ii): The solvency amount should be Equal to 40% of the Estimated Cost
of Work or more. And, Net-Worth of the Bidder should be +ve, on or before the Date of Bidding.
23. The L-1 Bidder/ Firm will present un-tampered Original Purchase-Vouchers for defacing by the concerned
Engineer, and then submit Copy of defaced Vouchers, duly attested with relevant documents, against all
Items or Equipments supplied, wherever applicable.
24. All the departmental ciculars issued time to time by the competent authority shall be incorporated/
considered.
25. If rates quoted by the L1 bidder is more than 25% below the justified cost, the bidder has to submit difference
between the 25% less amount of the justified rates and his quoted rates as additional performance Guarantee to
Delhi Jal Board and only after the additional performance Guarantee is submitted the contract would be
executed.
26. In RMO Cases, if the rates of more than one contractor are found to be same, the timeline of the work may be
splitted equally in the interset of work.
(Pradeep Poswal)
EE (E&M) M-3
NIT NO, 31 (2023-24), ITEM NO. 01
BILL OF QUANTITY/SEPCIFICATION
SUBJECT: Maintaining water supply by deployment of staff at Sector 23 Rohini On Line Booster re invite
EE(E&M)M-3
NIT NO, 31 (2023-24), ITEM NO. 02
BILL OF QUANTITY/SEPCIFICATION
EE(E&M)M-3
NIT NO, 31 (2023-24), ITEM NO. 03
BILL OF QUANTITY/SEPCIFICATION
EE(E&M)M-3
NIT NO, 31 (2022-23), ITEM NO. 04
BILL OF QUANTITY/SEPCIFICATION
EE(E&M)M-3
NIT NO, 31 (2023-24), ITEM NO. 05
BILL OF QUANTITY/SEPCIFICATION
EE(E&M)M-3
NIT NO,31 (2023-24), ITEM NO. 06
BILL OF QUANTITY/SEPCIFICATION
SUB.: - Deployment of staff at New Avantika HT Booster Pumping Station in AC-13 re invite
EE(E&M)M-3
NIT NO, 31 (2022-23), ITEM NO. 07
BILL OF QUANTITY/SEPCIFICATION
SUBJECT: De-watering of sewage water after installation of sewer trolley in Bawana constituency
EE(E&M)M-3
NIT NO, 31 (2023-24), ITEM NO. 08
BILL OF QUANTITY/SEPCIFICATION
EE(E&M)M-3
I/ We have read and examined the press notification/Notice Inviting Tender specifications of the work as
applicable, general conditions. The Instructions to the bidder Sl. No. 1 to 11 General conditions of Sl. No. 1 to 45
Clauses of contract Sl. No.1 to 45 DJB safety code Sl. No. 1 to 16 Model Rules for the protection of Health &
sanitary arrangements for workers employed in or by Delhi Jal Board or its contractors Sl. No. 1 to 12 Contractors
Labour regulations Sl. No. 1 to 18 and others relevant specifications given in I.S codes, CPWD specifications 1996
to 2002 alongwith other documents of work.
I/ We hereby tender for the execution of the work specified by Delhi Jal Board within the specified time and
schedule of quantities in accordance in all respects with specifications, design, drawings and instructions in writing
referred to the General conditions/ Clauses of contract etc. as given in the aforesaid para.
We agree to keep the tender rate open for 120days from the date of its submission and not to make any
modification in its terms & conditions.
We are aware that the conditional tender is liable for rejection. Delhi jal Board has a right to reject any tender or
all the tenders without assigning any reasons.
A sum of Rs.____________ has been submitted with the tender in the required form as Earnest-Money. If I/ We
fails to commence the work within specified period, I/ We agree that the Delhi Jal Board or designated office shall
without prejudice to any other right or remedy, be at liberty to forfeit the Earnest Money absolutely otherwise the
said earnest money shall be retained by him/ DJB towards secrity deposit to execute all the works referred to in
the tender documents uopon the terms & conditions contained or referred to therein and to carry out such
deviations as may be ordered.
I/ We hereby declared that I/ We shall treat the tender documents and other records connected with the works as
secret/ confidential documents and shall not communicate information/ derive there from to any person to home
I/ we am/ are authorize communicate the same or use the information in any manner prejudicial to the safety of
the Govt.
I/ We agree that should I/ We fails to commence the work specified as above an equal amount to the amount of
earnest money mentioned in the form of invitation of tender and performance guarantee shall be absolutely
forfeited to the DJB and the same may be at the opinion of the competent authority on behalf of DJB be recovered
without prejudice to any other right or remedy available in the law out of the deposit insofar as the same may
extend in terms of the said bond and in the event of deficiency out of any other money due to me/us under the
said contract or otherwise.
Continued…..
I/ We are aware and agree to the terms and conditions as mentioned in the aforesaid part that will form the
contract documents to be placed in the contract agreement to be signed by the DJB and the successful tender.
I/ We hereby tender for the execution of work @ _______________________________ % above/ below
(in-figure) @ ______________________________________________________________________ % above/
below (in words), on the bill of quantity.
(With Seal)
Address:
_____________________________________________________________________
Security Deposit:
Clause No. 1
The person/ persons whose tender may be accepted “hereinafter called the Contractor(s) shall (A)”
within one day for a contract of Rs. 1,000/- or less, two days for one of Rs. 2000/- or less, and so
on upto a limit of ten days of the receipt by him or the notifications of the acceptance of the tender)
deposit with the Delhi Jal Board, Engineer in cash or Govt. securities endorsed to the Delhi Jal
Board (if deposited for more than twelve months) a sum sufficient with the amount of the earnest
money deposited by him with his tender to make up the full security deposit specified in the tender.
“Or (B)” permit Govt. at the time of making any payment to him for work done under the contract
to deduct such sum as will (with the earnest money deposited by him) amount to
Rs._____________. This will be the same percentage as that in the tender at (e) percent of all
moneys so payable, such deductions, to be held by Delhi Jal Board by way of security deposit”.
Provided always that in the event of the contractor depositing a lump sum by way of security
deposit as contemplated at (A) above, then and in such case, if the sum so deposited shall not
amount to percent of the total estimated cost of the work, it shall be lawful for Delhi Jal Board at
the time of making any payment to the contractor work done under the contract to make up the full
percentage of percent, by deducting a sufficient sum from every such payment at last aforesaid. All
compensation or other sums of money payable by the contractor to Delhi Jal Board under the terms
of his contract may be deducted from or paid by the sale of a sufficient part of his security deposit,
or from the interest arising therefore or from any sum which may be due or may become due, to
the contractor by the Delhi Jal Board or any account whatsoever, and in the event of his security
deposit being reduced by reason of any) such deduction or sale as aforesaid, the contractor shall
within ten days thereafter, make good in cash or Government securities endured as aforesaid any
sum or sums which may have been deducted from or raised by sale of his security deposit or any
party thereof.
Compensattion for the Delay:
Clause No. 2
The time allowed for carrying out the work as entered in the tender shall be strictly observed by the
contractor, and shall be reckoned form the date on which the order to commence work is given to the
contractor. The work shall through out the stipulated period of the contract be proceed with all due
diligence (time being deemed to be of the essence of the contract on the party of the contractor), and the
contractor shall pay as compensation an amount equal to one percent, or such smaller amount as the
Delhi Jal Board Engineer (Whose decision in writing shall be final) may decide, on the amount of the
estimated cost of the uncommenced, or unfinished, after the proper dates, and further, to ensure good
progress during the execution of work, the contractor shall be bound in all cases in which time allowed for
any work exceeds one month, to completed one fourth of the whole of the work before one fourth of the
whole time allowed under the contractor has elapsed, one half of the work before on half of such time has
elapsed; and three fourths of the work, before three fourths of such time has elapsed. In the event of the
contractor failing to comply with these conditions he shall be liable to pay as compensation on amount
(----2----)
equal to on percent of such smaller amount as the Delhi Jal Board Engineer (Whose decision in writing
shall be final) may be decide on the said estimated cost of the whole work for every day that the due
quantity of work remain incomplete; Provided always that the entire amount of compensation to the
estimated cost of the work as shown in the tender.
Clause No. 3
In any case in which under any clause or clauses of this contract the contractor shall have rendered himself
liable to pay compensation amounting to the whole of his security deposit (Whether paid in one sum or
deducted by installment, or committed a breach of any of the terms contained in Clause 19-B) the DJB.
Engineer on behalf the DJB shall have power to adopt any of the following courses, as he may deem best
suited to the interest of the Delhi Jal Board.
a). To rescind the contract (of which rescission notice in writing to the contractor under the
hand of the DJB Engineer shall be conclusive evidence), and in which case the security
deposit of the contractor shall stand forfeited, and be absolutely at the disposal of the
Delhi Jal Board.
b). To employ labour paid by the Delhi Jal Board and to supply materials to carryout the
work, or any part or the work debiting the contractor with the cost of labour and the
price of the material (of the amount of which cost and price a certificate of the Delhi Jal
Board Engineer shall be final and conclusive against the contractor) crediting him with
the value of the work done, in all respects in the same manner and at the same rates as if
it had been carried out by the contractor under the terms of his contractor, the certificate
of the Delhi Jal Board Engineer as to the value of the work done shall be final and
conclusive against the contractor.
In the event of the any of the above courses being adopted by the Delhi Jal Board Engineer, the
contractor shall have no claim to compensation for any loss sustained by him by reason of his
having purchased or procured any material or entered into any engagements, or made any advances
on account of, or with a view to, to the execution of the work or the performance of the contract.
And in case the contract shall be rescinded under the provision aforesaid the contractor shall not be
entitled to recover of be paid any sum for any work therefore, to actually performed under this
contract unless and until the DJB Engineer will have certified in writing the performance of such
work and the value payable in respect thereof and he shall one be entitled, to be paid the value so
certified.
Contractor remains liable to Pay Compensation, if action not taken under Section-3; Power to take
Possession-of OR require removal-of OR Sell Contractor’s Plant:
Clause No. 4
In any case in which any of the power, conferred upon the DJB Engineer by clause 3 hereof shall have
become exercisable and the same shall not be exercised thereof shall not constitute a waiver of any of the
conditions hereof and such powers shall not withstanding be exercisable in the event of any future case of
default by the contractor for which by any clause or clauses hereof he is declared liable to pay
compensation amounting to the whole of his deposit, and the liability of the contractor for the past and
future compensation shall remain unaffected. In the event of the Delhi Jal Board Engineer putting in force
either of the power (a) or (c) vested in him under the proceedings clause, he my, if he so desired, take
possession of all or any tools, plant materials and stores in or upon the work, or the site thereof, or
belonging to the contractor or procured by him and intended to the used of the execution of the work or
any part thereof, paying or allowing for the same in account at the contract rates, or in case of those not
applicable, at current market rates, to be certified by the Delhi Jal Board Engineer, whose certified thereof
shall be final, otherwise the DJB Engineer, may by notice in writing to the contractor or his clerk of the
(----3----)
work, foreman or other authorized agent required him to remove such tools, plant materials or store from
the event premises (with a time to be specified in such notice) and in the event of the contractor failing to
employ with any such requisitions, the DJB Engineer may remove them at the contractor’s expenses or sell
them by auction or private sale on account of the contractor and at his risk in all respects, and the
certificate of the DJB Engineer as to the expense of any removal and the amount of the proceeds and
expenses of any such sale, shall be final and conclusively against the contract.
Extension of Time:
Clause No. 5
If the contractor shall desire an extension of the time for completion of the work on the grounds of his
having been unavoidably hindred in its execution or on any other ground he shell apply in writing to Delhi
Jal Board Engineer within thirty day f the date of the hindrance on account of which he desires such
extension as aforesaid and the Delhi Jal Board Engineer shall if in his opinion {which shall be final}
reasonable grounds be shown therefore, authorise such extension of time, if any a may, in his opinion, be
necessary or proper.
Final-Certificate:
Clause No. 6
On completion of the work, the DJB Engineer shall furnish the contractor with a certificate by the DJB
Engineer (hereinafter called the Engineer-in-charge) of such completion, but not such certificate shall be
given nor shall be work be considered to be completed until the contractor shall have removed from the
premises on which the work shall be executed all scaffolding, surplus materials and rubbish, and cleaned
off the dirt from all wood work, doors, windows, walls floors or other part of any building in, upon or
about which the work is to be executed, or of he may have had possession for the purpose of the
execution thereof nor until the work shall have been measured by the Engineer-in-charge whose
measurement shall be binding and conclusive against the contractor. If the contractor shall fail to comply
with the requirements of this clause as to removal of scaffolding, surplus materials and rubbish, and
cleaned off the dirt or on before the date fixed for the completion of the work. The Engineer-in-charge
may as the expense of the contractor remove such scaffolding, surplus materials and rubbish, and dispose
of the same as he thinks fit, and clean off such dirt as aforesaid and the contractor shall forthwith pay the
amount of all expenses so incurred and shall have no claim in respect of any such scaffolding or surplus
material as aforesaid except for any sum actually realized by the sale thereof.
Clause No. 7
No payment shall be made for works estimated to cost less than rupees one thousand till after the whole
of the work shall have been completed and a certificate of competition given. But in the case of work
estimated to cost more than rupees One thousand the contractor shall, on submitting the bill therefore,
be entitled to receive a monthly payment proportionate to the part thereof than approved and passed by
the Engineer-in-charge whose certificate of such approval and passing of the sum so payable shall be final
and conclusive against the contractor. But all such intermediate payments shall be regarded as payments
by way of advance against the final payment only and not as payments for work actually done and
completed and shall not preclude the requiring of bad, unsound and imperfect or unskillful work to be
removed and taken away and reconstructed, or rejected, or be considered as an admission of the due
performance of the contractor any part thereof in any respect, or the accusing, of any claim not shall if
conclude, determine or effect in any way the powers of the Engineer-in-charge under these conditions or
any of them as to the final settlement and adjustment of the account or otherwise, or in any other way
very or affect the contract. The final bill shall be submitted by the contractor within one month of the
date, as
(----4----)
fixed for completion of the work, otherwise the Engineer-in-charge certificate of the measurement and of
the total amount payable for the work accordingly shall be final and binding on all parties.
Clause No. 8
A bill shall be submitted by the contractor each month on or before the date fixed by the engineer-in-
charge or all work executed in the previous month, and the engineer-in-charge shall take or cause to be
taken the requisite measurements for the purpose of having the same verified and the claim, as far as
admissible, adjusted, if possible, before the expiry of ten days from the presentation of the bill. If the
contractor does not submit the bill within the time fixed as aforesaid the engineer-in-charge ay depute a
subordinate to measure up the said work in the presence of the contractor, whose countersignature to the
measurement list will be sufficient warrant, and the engineer-in-charge may prepare a bill from such list,
which shall be binding on the contractor in all respects.
Bill(s) to be in Printed-Form:
Clause No. 9
The contractor shall submit all bills on the printed-form to be had on application at the office of the
engineer-in-charge and the charges in the bills shall always be entered at the rates specified in the tender
or in the case of any extra work ordered in pursuance of these condition and not mentioned or provided
for in the tender as the rates here in after provided for such work.
Payment due to the contactor may, if so desire by him be made to his bank instead of direct to him,
provided that the contractor furnishes to the engineer-in-charge (I) and the authorization in the form of a
legally valid document such as a power of attorney conferring authority on the bank to receive payment
due to him by Govt. or his signature on the bill or other claim preferred against Govt. before settlement by
the engineer-in-charge of the account or claim by payment to the bank. While the receipt given by such
bank shall constitute a full and sufficient discharge for payment, the contractor should, wherever possible,
present his bill duly receipted and discharges through his bankers.
Nothing her in contained shall operate to create in favour of the bank any rights or equities vis-à-vis the
present of India.
Clause No. 10
If the specification or estimate of the work provides for the use of any special description of
material to be supplied from the engineer-in-charge store, or if its is required that the contractor
shall use certain stores to be provided y the engineer-in-charge (such material and stores, and the
prices to be charge therefore, as here in after mentioned begin so far as practicable, for the
convenience of the contractor, but not so as in any way to control the meaning or effect of this
contact, specified in the schedule or memorandum here to annexed), the contractor shall be
supplied with such material and store as required from time to time to be used by him for the
purpose of the contract only, and the value of the full quantity of material and stores so supplied at
rates specified in said schedule or memorandum may be set off or deducted from nay sums then
due, or there after to become due to the contractor under the contract, or otherwise, or against or
from the security deposited, or the proceeds of sale thereof; if the same is held in Government
securities, the
(----5----)
same or a sufficient portion thereof; if the being in this case sold for the purpose. All material
supplied to the contractor shall remain the absolute of Govt. and shall not on any account be
removed from the site of the work, and shall at all times be open to inspection by the engineer-in-
charge. Any such materials unused and in perfectly good condition at the time of the completion or
determination of the contract shall be returned to the engineer-in-charge store if by a notice in
writing under his hand he shall so require, but the contractor shall not be entitled to return any such
material unless with such consent, and shall have no claim for compensation on account of any
such material so supplied to them as aforesaid being un used by him or for any wastage, in or
damage to any such material.
The engineer-in-charge shall have full powers to require the removal from the premises of all material
which is his opinion are not in accordance with the specification and in case of default the engineer-in-
charge is to be liberty to employ other person to remove the same without being answerable accountable
for any loss or damage than any happen or such materials, the engineer-in-charge shall also have full
powers to acquire other proper material to be substituted thereof and in case of default the engineer may
cause the same to be borne by the contractor.
Contractor to be given a Week time to file Objection(s) against Measurement recorded by the
Department:
Before taking any measurement of any work as been refereed to clause 6,7 and 8 thereof, the
engineer-in-charge of subordinate deputed by him shall give reasonable notice to the contractor. If
the contractor fails to attend at the measurements after such notice to countersign or to record the
difference with in a week from the date of measurement in the manner required by the engineer-in-
charge then in any such event the measurements taken by the engineer-in-charge or by the
subordinate deputed by him as the case may be shall be final and binding on the contractor and the
contractor shall have no right to dispute the same.
Provide, however, no reimbursement shall be made if the increase is not more that 10% of the said
prices/works, & if so that reimbursement shall be made only on the excess over 10% & provided further
that any such increase shall not be payable if such increase has become operative after the contract or
extended date of completion of the work in question.
If during the progress of the works, the prices of any material incorporated in the works (not being a
material supplied from the Engineer-in-charge’s stores in accordance with clause 10 hereof) and/or wages
of labour is decreased as a direct result of the coming into force of by fresh law, or statutory rule or order
but not due to any changes in sales Tax) and such decreased exceed 10 % of the prices and/or wages
prevailing at time of receipt of the tender for the work, government in respect of materials incorporated in
(----6----)
the work (not being materials supplied from the Engineer in-charges stores in accordance with clause 10C
hereof) and/or labour engaged on the execution of the work after the work the date of coming into force
of such law, statutory law or order be entitled by deducted from the dues of the contractor such amount
as shall be equivalent to difference between the prices of materials and/or wages as they prevailed at the
time of receipt of tender for the work minus 10 % thereof & the prices of materials and/or wages of labour
on coming into force of such law statutory rule of order.
The contractor shall, for the purpose of this condition keep such books of account and other documents as
are necessary to show the amount of any increase claimed or reduction available and shall allow
inspection of the same by duly authorized representative of Govt. and further shall at request of the
Engineer in-charge furnish, verified in such a manner as the Engineer in-charge may require documents so
kept and such other information as the Engineer-in-charge may require.
The contractor shall within a reasonable time of the becoming aware of any alteration in the price of any
such material and or wages of labour give notice thereof, to the Engineer-in-charge stating that the same
is given pursuant to this condition together with all information on relating there to which he may be in
position to supply.
Escalation-Clause:
1. The base for working out such escalation shall be the last date on which tenders were stipulated to the
received.
2. The cost of the work on which escalation will be payable shall be reckoned at 85% of the cost of work
as per the bills, running or final, and from this amount the value of material supplied under clause 10
of this contract or services render at fixed charged as per clause 34 of this contract and proposed to be
recovered in the particulars bill, shall be deducted before the amount of compensation for escalation
is worked out. In the case of materials brought to site for which secured advance is included in the bill
the value of such materials as assessed by the Engineer-in-charge (and not the reduced amount for
which secured advance has been paid) shall be included in the cost of work done for operation of this
clause, similarly when such material are incorporated in the worked and the secured advance is
deducted from the bill, the full assessed value of the materials originally considered for operation this
clause should be deducted from the cost of the work shown in the bill, running, or final, Further the
cost of work shall not include any work for which payment is made under clause 12 or (12A) at
prevailing market rates.
3. The components of material, labour POL etc. are as follows and are binding upon contractor.
(----7----)
4. The compensation for escalation for materials labour and POL shall be worked as per formula given
below.
MI-MI0
1) VM W XXX -----------
MI0
[VM: variation in material cost i.e. increase or decrease in the amount in rupees to be paid
or recovered.]
[X: Component of materials, expressed as per cent of the total value of work attached to the
estimate and as indicated in the special conditions of the contract. All India wholesale index for all
commodities for the period under reckoning as published by the economic Advisor to Govt. for the
period under consideration and that valid at the time of receipt of tender, respectively.]
LI-LIo
2) VL W XYX -----------
LIo
[VL: Variation in labour cost i.e. increase or decrease in the amount in Rupees to the paid or
recovered.]
[Y: Component of labour expressed as percent of the total value of work attached to the estimate
& as indicated in the special conditions of the contract.
[LI & LI: Consumer price index for industrial labour (All India) declared by labour Bureau, govt. of
India as applicable for the period under consideration and, that valid at the time of receipt of
tender respectively.]
5. The Following principle shall before follow while working the index mentioned in sub-para 4
above:-
a) The index relevant for any month will be the arithmetical average of the indices relevant to the
three calendar months proceeding the month in question.
b) The base index will be the one relating to the month in which the tender was stipulated to receive.
The compensation for escalation shall be worked out at quarterly intervals & shall be with respect
to the cost of the work done during the previous three month. The first sub payment will be made
at the end of three months after the month (excluding) in which the tender was accepted and
thereafter at three months “Interval-I”.
6. In the event the price of materials and/or wages of labour required for execution of the work
decreases there shall be downward adjustment of the cost of the work so that such prices of materials
and/ or wages of labour shall be deducted from the cost of work under this contract and in this regard
the formula herein before cost of work under the contract and in regard the formula herein before
stated under the clause (10CC) shall mutates apply, provided that:-
(----8----)
i) No such adjustment for the decrease in the prices of materials and/or wages for labour afore
mentioned would be made in case of contracts in which the stipulated of completion of work is
less than six months.
ii) The Engineer-in-chare shall otherwise be entitled to lay down the principles on which the
provision of this sub-clause shall be implemented from time to time and the decision of the
Engineer-in-charge in this behalf shall be final and binding.
7. The provision of the proceedings clause 10C will not be applicable for contract where
provision of this clause 10(CC) is in applicable. However in contract where provision in clause
10CC are not applicable then provision in clause 10C will become applicable.
The contractor shall execute the whole and every part of the work in the most substantial and workman
like manner, and both as regards materials and otherwise in every respect in strict accordance with the
specification. The contractor shall also confirm exactly, full and faithfully to the designs, drawings and
instructions in writing relating to the work signed by the Engineer in-charge and lodged in his office, and to
which the contractor shall be entitled to have access at such office, or on the site of the work for purpose
of inspection during office hours, and the contractor shall if he so requires be entitled at his won expenses
to make, or cause to be made copies of the specification, and of all such designs, drawing and instructions
as aforesaid.
Alternations in Specification and beings do not in-Validate Contracts; Extension of Time in consequence of
Alterations:
Clause No. 12
The Engineer-in-charge shall have power of make any alternations in or additions to the original
specifications, drawings design, and instructions that may appear to him to be necessary or
advisable during the progress of work in accordance with any instruction which may be given to
him in writing signed by the Engineer-in-charge and such alternation shall not invalidate the
contract, and any additional work for which there contractor may be directed to do in the manner
above specified as part of the work shall be carried out by the contractor on the same conditions in
all respects as those on which he agreed to do the main work, and at the same rates as are specified
on the tender for the main work. The time for the completion of the work shall be extended in the
proportion that the additional work, bears to the original contract work, and the certificate of the
Engineer-in-charge shall be inclusive as to such proportion, and if the altered, additional or
substituted work included any class of work for shall be carried out the rates entered in the
scheduled of rates of Delhi District. Which was in force at time of the acceptance of the contract
minus of pus the percentage as the case may be which the total tendered amount bears to the
estimated cost of the entire work put to tender, and if the altered, additional or substituted work is
not entered in the said schedule or rates, then the contractor shall within seven days of the date of
this receipt of the order to carry out the work, inform the Engineer-in-charge in writing of the rates
which it is his intention to charges for such class of work, and if the .
Engineer-in-charge does not agree to this rate, he shall, by notice in writing, be at liberty to cancel his
order to carry out such clause 7 work and arrange to carry it out in such manner as he may consider
advisable provided always, that if the contractor shall commence work or incurred and the contractor shall
be bound to consequent the work any expenditure in regard there to before the rate shall have been
(----9----)
determined, as lastly herein before mentioned them and in such case he shall only be entitled to be paid in
respect of the work carried out of expenditure incurred by him prior to the date of the determination of
the rate as aforesaid accordance to such rates as shall be fixed by the Engineer-in-charges. In the event of
dispute the decision of the Chief Engineer (W) shall be final.
Clause No. 13
If any time after the commencement of the work the engineer-in-charge shall for any reason what
so ever not require the whole work there of as specification in the tender to be carried out, the
Engineer-in-charge shall give notice in writing of the fact to the contractor who shall have no claim
to any payment or compensation what so ever on account of any profit or advantage which he
might have derived from the execution of the work in full, but which he did not drive in
consequence of the full amount of the work not having been carried out neither shall he have any
claim for compensation by the way of any alternations having been made in the original
specifications, drawings designs, and instructions which shall involve any curtailment of the work
as originally contemplated.
Action &Comensation payable in case of Bad-Work:
Clause No. 14
If it shall appear, to the engineer-in-charge or Senior Officer or his subordinate in-charge of the work that
any work has been executed with unsound, imperfect, or unskillful workmanship or with materials of any
inferior description or that any materials or articles, provided by him for the execution of work are
unsound, or of a quality inferior to that contractor or otherwise not in accordance with the contract; the
contractor shall on demand in writing from the Engineer-in-charge in this demand aforesaid, then the
contractor shall be liable to pay compensation at the rate percent on the amount of the estimate for every
day not exceeding ten days, while failure to do so shall continue and in the case of any such failure, the
Engineer-in-charge may rectify or remove and re-execute the work, or remove and replace with other the
materials or articles complained of, as the case may be, at the risk and expense in all respect of the
contractor.
Clause No. 16
The contractor shall give not less then five days notice in writing to the Engineer-in-charge or his
subordinate in-charge of the work before covering up to otherwise placing beyond they reach of
measurement any work any work in order that the same may be measure, and correct dimensions
thereof taken before the same is covered up or placed beyond the reach of measurement and shall
not cover up or place beyond the reach measurement any work any work without the consent in
Writing of the Engineer-
(----10----)
in charge or his subordinate Inchagre or the work and if any work shall be covered up placed
beyond the reach or measurement without such notice having been given or consent obtained, the
same shall be uncovered at the contractor’s expenses or in the fault thereof no payment or
allowance shall be made for such work or materials with which the same was execute.
Contractor Liable for Damage done &Inperfections for 3-Months, after Certificate:
Clause No. 17
If the contractor or his work people or servant shall break, deface injure or destroy any building in which
they may be working or any building road, road curves sense, enclosure water pipes, cables, drain electric
or telephone posts or wire, trees, grass or grass land or cultivated ground continuous to the premises on
which the work or any part of it, is being executed of if any damage shall happen to the work, while in
progress from any cause whatsoever or any imperfection become apparent in fit within 3 months (Six
months in the case of road works) after a certificate final or other of its completion shall have been given
by the Engineer-in charge as aforesaid.
The Contractor shall make the same good at his own expenses. The Engineer-in charge may cause the
same to be made good by other work man and deduct the expenses (of which the certificate of the
Engineer in charges shall be final) from any sums that may be due to them, or at any time thereafter may
become, due to the contractor from his security deposit or the proceed of sale thereof, or of a sufficient
portion not be refunded before the expiry of three months six months in the case of road work) after the
issue of the certificate final or other wise of completion of work provided that in the case of a road work if
in the opinion of the Engineer in charge half of the security deposit is sufficient to meet all the liabilities of
the contractor under his contract half of the security deposit will be refunded after three months and the
remaining half after six month of the issue of the said certificate of the completion.
The contractor shall supply at his own cost materials (Except such special materials, if any as may
in accordance with the contract be supplied from the Engineer-in charge store), plan tools
appliances etc. implements, ladders, cordage tackle, scaffolding and temporary works requisite or
proper for the proper execution of the work whether original altered or substituted & whether
included in the specifications or not, or which may be necessary for the purpose of satisfying or
complying with the requirement of the Engineer-in charge as to any matter as to which under these
conditions he is entitled to the satisfied or which he is entitled to require, together with carriage
therefore, to and from the work. The contractor shall also supply without charges the requisite
number of person with the means and materials necessary for the purpose of setting out works and
counting weighting and assisting in the measurement or examination at any time and from time to
time of the work or materials. Failing his so doing, the same may be provided by the Engineer-in
charge at the expense of the contractor, and the expenses may be deducted from any money due to
the contractor under the contract, or form his security deposit or the proceeds of sale thereof or of a
sufficient portion thereof. The contractor shall also provided all necessary fencing and light
required to protect the public from accident and shall be bound to bear the expenses of defense of
every suit, action or other proceeding at law that may be brought by nay person for injury sustained
owing to neglect of the above precaution and to pay any damages and costs which may be awarded
in any such suit, action or proceedings to any such person or which may with the consent of the
contractor be paid to comprise any claim by any such person’ and is liable for damages arising
from Non provision of lights, fencing etc.”.
Clause 18 (A)
In very case in which by virtue of the provision of section 12, subsection of the workman’s Compensation
ACT 1923 Delhi Jal Board is obliged to pay compensations to a workman employed by the contractor in
(----11----)
execution of the works, DJB, will recover form the contractor the amount of the compensation so paid;
and, without prejudice to the rights of DJB under section 12, sub section (2) of the said Act, DJB shall be at
liberty to recover such amount or any part thereof by deducting if from the security deposit or from any
sum due by the DJB to the contractor whether under this contract of otherwise. Delhi Jal Board shall not
be bound to contest any claim made against it under section 12, sub-section 1) of the said Act exception
the written request of the contractor and upon his giving to DJB full security for all costs for which “DJB
might become liable in consequence of contesting such claim.
Labour:
Clause No. 19
Clause (19 A)
No labour below the age of the age of Eighteen years shall be employed on the work.
Clause (19 B)
The contractor shall pay not less than fair wages to laborers engaged by him on the work.
EXPLANATION
a). “FAIR WAGES” means whether for time or piece work notified at the time of inviting tenders
for the work and where such wages have not been so notified the wages prescribed by the
minimum wages Act. 1950.
b) The contractor shall, now withstanding the provision of any contract to the contrary, cause to
be paid fair wage to laborers indirectly engaged on the work including any labour engaged by
his sub-contractor in connection with said work as if the laborers had been immediately
employed him.
c) In respect of all labour directly or indirectly employed in the worked for the performance of the
contactor’s part of his Agreement the contractor shall comply with or cause to be complied with the
Delhi Jal Board contractor labour regulations made from time to time in regard to payment of wages,
wage cards publication of scale of wages of wages and other terms employment inspection and
submission of periodical returns and all other matters of a like nature.
d) The D.J.B. Engineer concerned shall have the right to deduct from the moneys due to the contractor,
any sum required or estimated to be required for making good the loss suffered by a worker or
workers by reason of non fulfillment of the condition of the conditions of the contract for the benefit
of the workers non-payment of wages or of deductions made from his or their wages which are not
justified by their terms of the contract or non observance of the regulations.
e) Visa-a visa the Delhi Jal Board the contractor shall be primarily liable for all payment to be made
under, and for the observance of the Regulations aforesaid without prejudice to his right to claim
indemnity form his sub contractor.
(----2----)
f) The regulations aforesaid shall be deemed to be a part of the part of contract and any breach of this
contract.
Clause No. (19 C)
The contractor shall at his own expense provided arrange for the provision of foot wear for any labour
doing cement mixing work the (contractor) has undertaken to execute under this contract to the
satisfaction of the Engineering-in charge and on his failure to do so DJB shall be entitled to provided same
and recover the cost form the contractor.
The contractor shall submit, by the 4th and 19th of every month, to the Engineer-in-charge a true statement
showing in respect of the second half of the preceding month and the first half of the current month,
respectively (1) the number of labours employed by him on the work (2) their working hours (3) the wages
paid to hem (4) the accidents that occurred during the said fortnight showing the circumstance under
which they happened and the extent of damage and injury cased by them and (5) the number of female
worker who have been allowed maternity benefit according to clause 19-F and the amount paid to them
failing which the contractor shall be liable to pay to DJB a sum not exceeding Rs. 50/- for each default or
materially, incorrect statement. The decision of the DJB Engineer or other shall be final in deducting from
any bill due to the contractor the amount levied as fine.
In respect of all labour directly or indirectly employed in the works for the performance of the contractor’s
part of this agreement the contractor shall comply with or cause to be complied with all the rules framed
by DJB from time to time for the protection of health and sanitary arrangements for workers employed by
the DJB and its contractor.
Maternity benefit rules for female workers employed by contractor leave and pay during leave shall be
regulated as follow:
1. Leave:
i). In case of delivery maternity leave not exceeding 8 weeks, 4 week upto and including the
day of delivery and 4 weeks following that day.
2. Pay:
i) will be at the rate of the woman’s average daily earning In case of delivery leave pay during
maternity leave calculated on the total wages earned on the days when full time works was done
during a period of three months immediately preceding the date of which she give notice the
expects to be confined, or at the rate of twelve annas a day whichever is greater.
ii) In case of miscarriage:- Leave pay at the rate of average daily earnings calculated on the total
wages earned on the days when full time work was done during a period of 3 months immediately
preceding the date of such miscarriage.
(----13----)
No maternity leave benefit shall be admissible to a woman unless she has been employed for a total
period not less than 6 months immediately preceding the date on which she proceeds on leave.
Work on Sunday:
Clause No. 20
No work shall be done on Sunday without the sanction in writing of the Engineer in charge.
Clause No. 21
The contract shall not assign or sublet without written approval of the Delhi Jal Board Engineer. And if the
contractor shall assignor sublet this contract or attempt to do so, or become insolvent, or commence any
insolvency proceedings, or make any composition with his creditors or attempt to do so, or if any
insolvency proceedings, or if any insolvency proceedings, or make any composition with his creditors or
attempt to do so, or if any bride gratuity gift loan, perquisite, reward or advantage, pecuniary or
otherwise, shall either directly or indirectly be given promised, or offered by the contractor, or any of his
servants or agents to any public officer person in the employ of the DJB in any way relating to his office or
employment, or if any such officer or person shall become in any way directly or indirectly interested in
contract the DJB Engineer may there upon by notice in writing rescind the contract and the security
deposit of the contract shall thereupon stand forfeited and be absolutely at the disposal of the DJB and
the same consequences shall ensure as if the contract had been rescinded under clause 3 hereof, and in
addition the contractor shall not be entitled to recover or he paid for any word there to fore actually
performed under the contract.
Clause No. 22
All sums payable by way of compensation under of this condition shall be considered as
reasonable compensation to be applied to the DJB without reference to the actual loss or damage
sustained and whether or not any damage shall have been sustained.
Clause No. 23
In the case of tender by partners any change in the constitution of the firm shall be for with notified by the
contractor to the engineer in charge for this information.
Clause No. 24
All works to be executed under the contract shall be executed under the direction and subject to the
approval in all respect, of the D.J.B. Engineer who shall be entitle to direct at what point or point and in
what manner, they are to be commenced and form time to time carried on.
Charge all store and articles of European or America a manufacturer which may be required for the work,
or any part thereof, or in making up articles, required therefore or in connection therewith, unless he has
(----14----)
obtained permission in writing from the Engineer in charge to obtain such stores and articles elsewhere.
The value of such stores and articles as may be supplied to the contractor by the Engineer in charge will be
debited to the contractor in this account at the rates shown in the schedule, they will be debited at cost
price, which for purposes of this contract, shall include the cost of carriage and all other, expenses
whatsoever which shall have been incurred in obtaining delivery of the same at the store aforesaid.
Arbitration-Clause: Deleted, vide Instruction-Orders Dated 12-7-2-02 & 15-7-2002 issued by the Member
(Dr.) & Member (WS) respectively:
Clause No. 25
(0.1) Except where otherwise provided in the contract all question and disputes relating to the
meaning of the specification, design, drawing and instructions herein before mentioned and
as the quality of workmanship or materials used on the work or as to any other question
claim right matter or thing whatsoever in any arising out of or relating to the contract
designs, drawings specification estimates, instructions order or these drawings
specification, estimates, instructions order or these condition of otherwise concerning the
work or the execution failure to execute the same whether arising during the progress of the
work or after the completion or abandonment thereof, shall be referred to the sole
arbitration of the Chief Execution Officer (Delhi Jal Board) of any person nominated by the
CEO(DJB) on his behalf. The award of the arbitrator shall be final, conclusive and binding
on all parties to the contract.
(0.2) Any letter, notice or other communication dispatched to the contractor either arbitration
proceeding or otherwise whether through the post or through are representative on the address
last notified to the DJB by the contractor although returned with the remarks, refused
‘Undelivered’ where about not known or words to that effect or for any other reasons
whatsoever.
(0.3) It is further agreed that the award as and when made for an amount exceeding Rs. 10,000/-
by the arbitrator shall be speaking.
(0.4) It is further provided by agreement that the party desiring to invoke arbitration clause shall
distinctly specify the disputes sought to be determined by arbitrator. Only disputes or disputes out
of such disputes shall be referred to the arbitrator, as may be determined by the C.E.O (DJB) or his
nominee as arising out of the relating to the contractor.
The contractor shall obtained form the store of the Engineer in charge all store and articles of European or
American manufacturer which may be required for the work or any part thereof, or in making up articles
required therefore or in connection therewith unless he had obtained permission in writing from the
Engineer in charge to obtain such stores and articles else where. The Value of such store and articles as
may be supplied to the contractor by the Engineer will be debited, to the contractor in his account at the
at the rates shown in schedule attached to the contract, and if any are not entered in the scheduled, the
will be debited at cost process, which for the purpose of this contract shall include shall include the cost of
carriage all other expense whatsoever which shall have incurred in obtaining delivery of the same at the
store aforesaid.
Lump-Sump in Estimates:
Clause No. 27
Where the estimate on which the tender is made includes lump sumps in respect of parts of the work, the
contract shall be entitled payments in respect of the items of work involved of the part of the work in
(----15----)
question at the same rates as are payable under this contract fro such items, or if the part of the work in
question is not, in the opinion of the engineer-in charge capable of measurement, the Engineer in charge
may at his discretion pay the lump sums amount entered in the estimate and the certificate in writing of
the Engineer in charge shall be final and conclusive against the contractor with regard, to any sum or sum
payable to him under the provision of this clauses.
Clause No. 28
In the case of any class of work for which there is no such specification as is mentioned in Rule-1, such
work shall be carried out in accordance with instructions and requirement of the Engineer in charge.
Definition of Work:
Clause No. 29
The expression works or work when used in these conditions shall unless there in something either in the
subject or context repugnant to such construction is constructed and takes to mean the work by or by
virtue of the contract constructed to be executed, whether temporary or permanent, and original all and
substituted or additional.
Clause No. 30
Without prejudice to any of the rights or remedies under the contract, if the contractor dies, the
engineer in charge on behalf of the Delhi Jal Board shall have the of terminating the contraction
without compensation to the contract.
NOTE: The terms and conditions of the agreement have been explained to me/us and I/we certify that I/
we have clearly understood them.
EE (E&M) M-3
Clause-1 The Person/ Person(s) whom Tender may be accepted (herein after called the Contractor/
Firm) shall:
A) With-in One-day for the Contract of Rs. 1,000/- or Less, Two-days for the one for Rs.
2,000/- or Less, and so on, up-to a Limit of Ten-days of the Receipt by him of the
Notification of the Acceptance of his Tender; Deposit with Delhi Jal Board (D.J.B.) ‘In
CASH’ OR ‘Government-Securities’, endorsed to Delhi Jal board (if deposited for more
than 12-Months), a sum sufficient with the amount of Earnest-Money deposited by him/
her with his/ her Tender to make-up the full Security-deposit specified in the Tender; OR
B) Permit Delhi Jal Board, at the time of making any Payment to him for Work-done under
the Contract, to deduct such Sum as will (with the Earnest-Money deposited by him)
amount to Percent of all Money(s) so payable, such deductions to be held by D.J.B. by
way of Security-Deposit;
Provided: That in the event of the Contractor depositing a Lump-Sump amount by way of
Security-deposit, as contemplated at (A) above, then in such case, if the sum so deposited
shall not amount to present of the total Estimated-Cost of the Work, it shall be lawful for the
Competent-Authority, at the time of making any payment to the Contractor for Work-done
under the Contract, to make-up the Full-percentage of the Percent, by deducting a sufficient
sum for every such payment, as last aforesaid.
All Compensation OR Other-Sums of Money payable by the Contractor to D.J.B., under the
Terms & Conditions of the Contract, may be deducted from OR paid by Sale of sufficient-part
of his Security-Deposit, OR from the Interest arising there from, OR from any Sums which
may be Due OR may becomes Due, to the Contractor by D.J.B., on any account what-so-ever,
and in the event of his/ her Security-Deposit being reduced by reason of any such deduction
OR sale as aforesaid. The Contractor shall, with-in 10-days therefore, make Good ‘In CASH’
OR ‘Government-Securities’, endorsed as aforesaid, any Sum OR Sums which may have been
deducted from OR raised by sale of his/ her Security-Deposit OR any part there-of..
Clause-2 The Contractor has to deliver the Material on OR before the date mentioned in the Tender,
failing which he/ she shall be subjected to Pay OR allow 1% on the total-amount of the
Contract for every-day not exceeding 10-Days that he/ she shall exceed the time, as and for
Liquidated-Damages.
Clause-3 In every case in which the Payment OR Allowance, mentioned in Clause-2, shall have been
incurred for Ten Consecutive days, the Competent-Authority shall have the Power either to
Annual the Contract altogether or to have the Supply completed without further Notice at
the Contractor’s Risk & expense as he/ she may deem best suited to the interests of D.J.B.,
and the Contractor shall have no claim to compensation for any Loss that he may incurred in
any way.
Clause-4 If the Contractor has been hindered in the Supply of the Material(s) so as the necessitates an
extension of the time allowed in the Tender, be shall apply in writing to the Competent-
Authority who shall grant it in writing, if reasonable writing ground shown for it and without
such written authority of the Competent-Authority, the Contractor shall not claim exemption
from the time levied, under Clause-2.
Continued at Page-2 P. T. O.
(----2----)
Clause-5 The Contractor shall give Notice to the Competent-Authority (here-in called the Engineer-
Incharge) of his intention of making delivery of the material(s) and, on the material(s) being
approved a receipt shall be granted to him by the Competent-Authority OR his Assistant, and
no material(s) will be considered as delivered, until so approved.
Clause-6 On the Completion of delivery of the material(s), the Contractor shall be furnished with-in
Certificate to that effect by the Competent-Authority but the delivery will not be considered
complete until the Contractor shall have removed all rejected-material(s) stacked/ placed in
such position, as may be pointed-out to him.
Clause-7 No payment shall be made for Supplies estimated to Cost less than Rs. 1,000/- till after the
whole of the Supplies shall have completed and the Certificate of Completion given. But in
the case of the Supplies estimate to Cost more then Rs. 1,000/- and the Contractor shall on
submitting the Bills therefore be entitled to receive a monthly-payment proportionate to the
approval and passing of the Sum so payable shall be final and conclusive against the
Contractor. But all such immediate payments shall be regarded as Payment by way of
advance against the Final-Payment only. The Final-Bill shall be submitted by the Contractor
with-in One-month of the date fixed for the Completion of the Delivery of Material(s),
otherwise the Competent-Authority’s Certificate of the Measurement and of the total
amount payable for the supplies accordingly shall be final and binding on all parties.
7 (A) Payment due to the Contractor shall, if so desired by him/ her, be made through the
Financing Banks instead of direct to him, provided that the Contractor shall furnish to
the Competent-Authority:
b) His own acceptance of the correctness of the amount made-out, as being due to
him by D.J.B., for his/ her Signature on the Bills of other-Claims preferred against
D.J.B. before settlement by the CEO (DJB), of the amount of Claim by Payment to
the Bank. While the receipt given by the Bank holding a Power-of-Attorney OR
Transfer-Deed from the Contractor constitutes a full & sufficient discharge for the
Payment, the Contractor should, wherever possible, present his/ her Bill(s) duly
receipted and discharged through its Bankers.
Clause-8 The material should be of best description and in strict accordance with the Specification and
the Contractor shall receive the Payment for such material(s) only as are approved and
passed by the Engineer-Incharge.
Clause-9 In the event of the material being considered by the Engineer-Incharge to be inferior to that
described in the Specification, the Contractor shall on demand in writing forthwith remove
the same at his own charge & cost, and in the event of his neglecting to do so within such
period, as may be named by the Engineer-Incharge, that Officer may such rejected material
removed at the Contractor’s risk & expenses, the expenses incurred being liable to the
deducted from the Sum(s) due, OR which may become due to the Contractor.
Clause-10 The Contractor shall Supply at his/ her own expense all Tools/ Plants& Implements required
for the due fulfillment of his/ her Contract. The material(s) shall remain at his/ her risk till the
date for Final-delivery, unless it shall have been in the mean-time removed for the Use by
the Engineer-Incharge.
Continued at Page-3
(----3----)
Clause-11 If the Contractor OR his/ her Work-People Break OR Defense any Building, Road, Fence,
Enclosure or Grass-Land, then he/ she shall make good the same at his/ her Own-Expense,
and in the event of his/ her Refusal or Failing to do so , the damage shall be repaired at his/
her expense by the Engineer-Incharge, who shall deduct the Cost of such Repairs from any
sum(s) due or which may becomes due to the Contractor.
Clause-12 No material(s) shall be brought to the Site/ Store OR Delivered on Sunday OR Public-
Holidays, without the written-permission of the Engineer-Incharge.
Clause-13 The Contract shall not be submitted without the written permission of the Engineer-
Incharge. In the event of the Contractor subletting his Contract, without such Permission, he
shall be considered to have committed breach in the Contract and shall forfeit his Security-
deposit, and shall have no claim for any compensation for any Loss that may accrue from the
Material he may have collected of engagements entered-into.
Clause-14 The decision of the Competent-Authority shall be final, conclusive, and binding on all parties
at the Contract upon all Questions relating to the meaning of the Specification and
Instructions herein before mentioned and so as to qualify of materials or as to any other
Questions claim right-matter to thing what-so-ever in any way arising out-of or relating to
the Contract, Specification, Instruction-Orders or these Conditions or otherwise concerning
the Supplies, whatever arising during the progress of the Delivery or of after the Completion
of Abandonment (there-of).
Clause-15 On the breach of Terms & Conditions of this Contract by the Contractor, D.J.B. shall be
entitled to forfeit the Security-Deposit or the Balance there-of at mat at time the remaining
and to realize & retain the same as damage and compensation for the said breach but
without prejudice to the right of D.J.B. to recover any further Sum(s) as damages from any
Sums due or which may becomes due to the Contractor by D.J.B. or otherwise, however.