GOVERNMENT OF HIMACHAL PRADESH

PUBLIC WORKS DEPARTMENT

General Conditions of Contract (GCC)

ZONE : SHIMLA
CIRCLE : SOLAN
DIVISION : NALAGARH
SUB-DIVISION :
NAME OF WORK : AMP works for the year 2024-25 on Pater Bhonku Village
Hatra (SH:- P/L Mixed seal surfacing (MSS) works in km
0/0 to 2/500 9HP1103VR012049101-103).

REFERENCE OF SANCTION :

SANCTION AMOUNT : Rs. 27,44,753- only.

AGREEMENT NO : ______ FOR THE YEAR 2023-24.

HPPWD EE Contractor
 Percentage Rate / Item Rate Tender & Contract
çfr'kr nj@en nj fufonk ,oa lafonk
Index / lwph
Sr. Details / fooj.k Page/
No. i`’B
Øe la

1 General Guidelines – lkekU; fn”kk funsZ”k 3

2 Information and instructions for bidders for e-tendering (HPPWD-6) 4-16

3 Tender Form HP.PWD-7/8 – fufonk QkeZ fg0iz0yks fu0fo0 7@8 17-18

4 General Rules and Directions – lkekU; fu;e ,oa funs”k 19-27

5 Conditions of Contract – lafonk dh “krsZa 28-30

6 Clauses of Contract – lafonk ds [kaM 31-74

7 Integrity Pact – lR;fu’Bk laf/k 75-81

8 HP.PWD Safety Code – fg0iz0yks fu0fo0 lqj{kk lafgrk 82-86

9 Model Rules for the Protection of Health and Sanitary Arrangements for 87-91
Workers –
Jfedksa ds fy, LokLFk; rFkk LoPNrk O;oLFkk dh lqj{kk ds fy,
vknZ”k fu;e

10 HP.PWD Contractor’s Labour Regulations – fg0iz0yks fu0fo0 Bsdsnkj 92-96

ds Jfed fofu;e

11 Proforma of Registers (Appendix-I to Appendix-XVI) – jftLVjksa ds 97-116

izk:i
¼ifjf”k’V&I ls ifjf”k’V&XVI½

12 Notice of Appointment of Arbitrator (Appendix-XVII) – e/;LFk dh fu;qfDr 117

ds fy, uksfVl ¼ifjf”k’V&XVII½ (

13 Form of Earnest Money Deposit Bank Guarantee Bond – c;kuk /kujkf”k 118
tek cSad xkajVh ca/ki= dk QkWeZ

14 Form of Performance Security Bank Guarantee Bond Format - I – fu’iknu 119

izfrHkwfr cSad xkajVh ca/ki= - I dk QkWeZ

15 Form of Performance Security Bank Guarantee Bond Format - II – fu’iknu 120

izfrHkwfr cSad xkajVh ca/ki= - II dk QkWeZ

15 Proforma of Schedules A to F – d ls p rd vuqlwfp;ksa ds izk:i and list of preferred 121-146

makes for material for Civil/Sanitary ,Rate of Daily Wages, Final Inspection certificate, Annexure -1
for (JV), list of machinery & lab equipment. Annexure Showing Quantities of Materials for Areas

HPPWD EE Contractor
 of Surfacing to be Considered for Working out Minimum Period of Road Roller – jksM jksyj
dh U;wure vfo/k dk irk yxkus ds fy, fopkjk/khu lQsZflax ds {ks=ksa ds fy, lkefxz;ksa dh
ek=k n”kkZus okyk ifjf”k’V

GENERAL GUIDELINES

1. This book of “General Conditions of Contract” is applicable to both

types of tenders i.e. “Percentage rate tenders and Item rate tenders”.
Accordingly, alternative provisions for conditions Nos. 4A, 9 & 10 of
the General Rules and Directions are given in this book. The
appropriate alternatives will be applicable in specific cases depending on
whether this is used for percentage rate tender (HP.PWD-7) or item
rate tender (HP.PWD-8).

2. HP.PWD-6, Schedules A to F, special conditions/specifications and

drawings etc. will be part of Notice Inviting Tenders(NIT) and shall be
uploaded.

3. The intending bidders will quote their rates in Schedule A and

schedule A to F and performa for registers are only for information and
guidance.

4. Authority approving the Notice Inviting Tenders (NIT) shall fill up all the
blanks in HP.PWD-6 and in Schedules B to F before issue of Tender
Papers.

5. The intending bidders will quote their rates in Schedule A.

6. The proforma for registers and Schedules A to F are only for

information and guidance. These are not to be filled in the Standard
Form. The Schedules with all blanks, duly filled, shall be separately
issued to all intending tenderers.

HPPWD EE Contractor
 HPPWD From No. - 6 For E-Tendering HPPWD-6

INFORMATION AND INSTRUCTIONS FOR BIDDERS FOR E-TENDERING

FORMING PART OF BID DOCUMENT AND TO BE POSTED ON WEBSITE
(Applicable for inviting open bids)

The Executive Engineer, Nalagarh Division HPPWD. Nalagarh on behalf of

Governor of Himachal Pradesh invites Item rate/Percentage rate tenders/composite
bids from approved and eligible contractors of HPPWD in appropriate class for
following work:

Last date & time of submission of

Documents as specified in the bid

bid/Tender, original EMD & other

scanned & uploaded documents as

submission of originals of all the
Estimated cost put to bid/Tender

Time & date of opening of bid

specified in NIT by the lowest

Name of work and location

Time period allowed for

Period of Completion

Cost of tender form

Earnest Money

document
NIT NO.

bidder.
S.No.

1 2 3 4 5 6 7 8 9 10
AMP works for the year
No-PW-NLD-EA-I-Tender Publication/2024-25—2828-

18-7-2024 at 10:00 A.M 25-07-2024

2024-25 on Pater
Bhonku Village Hatra
25-07-2024 up to 10:00 A.M

(SH:- P/L Mixed seal

25-07-2024 up 11:00 A.M

surfacing (MSS) works

in km 0/0 to 2/500
up to 10:00 A.M
Rs 54,900/- only
Nine Months
Rs.27,44,753/-

9HP1103VR012049101-
103).
Rs. 1500/-
1

32-:-—Dated 15-07-2024

*To be filled by Executive Engineer concerned.

1. The contractor submitting the tender should read the schedule of quantities,

HPPWD EE Contractor
additional conditions, additional specifications, particular specifications, HPPWD- 6 and
other terms and conditions given in the NIT and drawings. The bidder should also read
the General Conditions of Contract for HPPWD works with up to date correction slips,
which is available on H.P.PWD website, however, provisions included in the tender
documents shall prevail over the provisions contained in the standard form. The set of
drawings and NIT shall be available in the Office of Executive Engineer, Nalagarh,
HPPWD, Division Nalagarh. The contractor should also visit the site of work and
acquaint himself with the site conditions before tendering. He should only submit his
tender if he considers himself eligible and he is in possession of all the required
documents. The following conditions, which already form part of the tender conditions,
are specially brought to his notice for compliance while submitting the tender online.
They are requested to comply following conditions.
a) Tenders with any condition including that of conditional rebates shall be rejected
forthwith.
b) The successful bidder shall be required to submit a Performance Guarantee of 5%
(Five Percent) of the tendered amount within 15 days of issue of letter of acceptance.
This period can be further extended by the Engineer-in-Charge up to a maximum period
of 7 days on the written request of the contractor.
c) GST and Labour Cess etc. as applicable shall be borne by the contractor himself.
The contractor shall quote his rates considering all such taxes and hence their quoted
rates should be inclusive of all the tax components.
d) It will be obligatory on part of the Contractor/Bidder to tender for and sign the
tender documents for all the component parts. The department reserves right to accept
tender in full or in part without assigning any reasons.
2. The intending bidder must read the terms and conditions of HPPWD-6 carefully.
He should only submit his bid if he considers himself eligible and he is in possession of
all the documents required.
3. Information and instructions for bidders posted on website shall form part of bid
document.
4. The enlistment of the contractors should be valid on the last date of submission of
bids. In case the last date of opening of bid is extended, the enlistment of contractor
should be valid on the original date of opening of tender.
5. The bid document consisting of plans, specification, the schedule of quantities of
various types of items to be executed and the set of terms and conditions of the contract
to be complied with the other necessary documents can be seen in the office of
Executive Engineer, Nalagarh, HPPWD, Division Nalagarh on all working days
between 11:00AM to 04:00 PM except Sunday and public holidays and downloaded
from HPPWD website .
6. But the bid can only be opened after deposition of original EMD in the office of
Executive Engineer inviting bids within the period of bid submission and uploading

HPPWD EE Contractor
the mandatory scanned documents such as Treasury Challan/ Deposit at Call
Receipt/FDR/Bank Guarantee of any Scheduled Bank towards EMD in favour of “
Executive Engineer, Nalagarh, HPPWD, Division Nalagarh” as mentioned in NIT
and other documents as specified.
7. The bids will be submitted up to 10.00 A.M on 25-07-2024 The bid shall be
opened at 11:00 AM on 25-07-2024 .
(to be filled by Executive Engineer).

8. Those contractors not registered in HPPWD/ H.P. Jal Shakti Vibhag (as the case
may be) are required to get registered beforehand.
9. The intending bidder must have valid digital signature to submit the bid.

10. On opening date, the contractor can login and see the bid opening process. After
opening of bids he will receive the competitor bid sheets.
11. Contractor can upload documents in the form of JPG format and PDF format.
12. In addition to this, while selecting any of the cells, a warning appears that if any
cell is left blank the same shall be treated as “0”.
Therefore, if any cell is left blank and the bidder quotes no rate, rate of such item shall
be treated as ‘0’ (Zero).
13. The required documents meeting the criteria to qualify as “approved and eligible
contractors of HPPWD” alongwith other documents as mentioned under para “List of
Documents to be scanned and uploaded within the period of bid submission” below, as
uploaded by the agency and hard copies received subsequently shall be checked. The
financial bid of only those agencies shall be opened who are found to be eligible
agencies, as per this NIT.
14. The department reserves the right to reject any prospective application without
assigning any reason and to restrict the list of qualified contactors to any number
deemed suitable by it, if too many bids are received satisfying the laid down criteria.
15. The letter of award shall be issued to lowest bidder only on receipt of copy of
Labour license, Registration with EPFO (Employee Provident Fund Organization),
ESIC(Employee State Insurance Corporation), BOCW (Building and Other
Construction Worker) Welfare Board and PF ( Provident Fund) Nos. or submitting the
proof of applying for these thereof along with P.G.
16 List of Documents to be scanned and uploaded within the period of bid
submission:
1. Treasury Challan/ Deposit at Call Receipt/FDR/Bank Guarantee of any Scheduled
Bank against EMD.
2. Valid Enlistment Order of HPPWD. Contractor in appropriate class.(as the case
may be)
3. Certificate of Registration for GST and acknowledgement of upto date filed return
as per NIT stipulation.

HPPWD EE Contractor
 The following conditions, which already form part of the tender document, are
specially brought to the notice of all intending bidders for compliance while filling the
tender. They are requested to comply following instructions:
(i) After submission of the bid the contactor can re-submit revised bid any number of
times but before last time and date of submission of bid as notified.
(ii) While submitting the revised bid, contractor can revise the rate of one or more item(s)
any number of times (he need not re-enter rate of all the items) but before last time and
date of submission of bid as notified.
(iii) In case of composite tenders, the contractor submitting the tender should read all the
three parts of the tender viz. Part A, B & C, which are containing schedule of
quantities, additional & special conditions, additional specifications, particular
specification and other terms and conditions given in the NIT and drawings for Major
as well as Minor component of work. Details of these parts are summarized as under:
 Part A: - HPPWD-6, HPPWD-7 including Schedule A to F for major component of the
work, Standard General Conditions of Contract as amended/modified up to last date of
submission of bid.
 Part B: - General/specific conditions, specifications and schedule of quantities
applicable to major component of the work.
 Part C: - Schedule A to F for minor component of the work, (SE/EE in charge of major
component shall also be competent authority under Clause 2 and Clause 5 as
mentioned schedule A to F major components) General/specific conditions,
specifications and schedule of quantities applicable to minor component(s) of the
work.
The Major component of work is Civil work and Minor component of work is
Electrical work.
(iv) The bidders should also read the General Conditions of Contract, amended up to last
date of submission of bid of the work, which is available on HPPWD website, however
provisions included in the tender document shall prevail over the provisions contained
in this standard form. The set of drawings and NIT shall be available with the
Executive Engineer.
(v) The contractor should also visit the site of work and acquaint himself with the site and
soil conditions before tendering.
(vi) The main contractor shall execute the minor component(s) also. He should either be an
eligible contractor himself or associate with himself an eligible agency for execution of
electrical work as per HPPWD-6 for e- tendering. The contractor shall indicate the
names of up to three such agencies within prescribed time as “Minor component
agencies”. In case the bidder does not submit the details of electrical agencies, then
these shall be submitted before acceptance of the bid.
(vii) After acceptance of the tender by competent authority, the EE in charge of major
component of the work shall issue letter of award on behalf of the Governor of H.P.
After the work is awarded, the main contractor will have to enter into one agreement
with EE in charge of major component and has also to sign two/or more copies of
agreement depending upon number of Engineer-in-charge of minor components. One
such signed set of agreement shall be handed over to Engineer-in-charge of minor

HPPWD EE Contractor
 component. Executive Engineer of major component will operate part A and part B of
the agreement. Engineer-in-charge of minor component(s) shall operate part C along
with Part A of the agreement.
(viii) The main contractor has to enter into agreement with the contractor(s) associated by
him for execution of minor component(s). Copy of such agreement shall be submitted
to Engineer-in-charge of minor component as well as to Engineer-in-charge of major
component. In case of change of associate contractor, the main contractor has to enter
into agreement with the new contractor associated by him.
(ix) Tenders with any condition including that of conditional rebates in the tender document
shall be rejected forthwith.
(x) The online percentage rate (s) must be quoted in decimal coinage. Amount shall be
calculated and rounded in full rupees by ignoring fifty paisa and considering more
than fifty paisa as rupee one.
(xi) The successful bidder shall be required to submit a Performance Guarantee of 5% (Five
percent) of the composite contract amount within a period of issue of letter of
acceptance as specified in schedule ‘F’.
(xii) GST on materials as applicable shall be paid by the contractor himself. The contractor
shall quote his rates considering all such taxes.
(xiii) Attention is also drawn to Clauses 6, and 7 of General Condition, which prescribes the
procedure for computerized recording of measurement and preparation of bill by
contractor.
(xiv) Intending bidder may submit physical mile stones on the basis of their resources and
methodology at the time of tendering as indicated in the “Schedule F”, otherwise it will
be assumed that agency is agreeable to physical mile stones mentioned in the table.
(xv) Intending bidder may give detailed activities/programme for each mile stone fixed in
the tender document while submitting the tender.

Executive Engineer
Nalagarh, Division,
HP PWD Nalagarh

HPPWD EE Contractor
 HPPWD-6
GOVERNMENT OF HIMACHAL PRADESH
PUBLIC WORKS DEPARTMENT
NOTICE INVITING TENDER

1. Item rate/percentage rate tenders are invited on behalf of Governor of Himachal

Pradesh from approved and eligible contractors of HP PWD and H.P. Jal Shakti
Vibhag ( Contractor of HP Jal Shakti Vibhag are eligible to participate for
the works having amount put to tender above Rs. 100 Lac).
(strike out as the case may be) dealing with buildings, roads and bridges, for the work of (Name of
Work: AMP works for the year 2024-25 on Pater Bhonku Village Hatra (SH:- P/L Mixed seal surfacing
(MSS) works in km 0/0 to 2/500 9HP1103VR012049101-103).

The enlistment of the contractors should be valid on the last date of submission of tender/ bid.

In case only the last date of sale of tender is extended, the enlistment of contractor
should be valid on the original date of submission of tender/ bid.

In case both the last date of receipt of application and sale of tenders are extended,
the enlistment of contractor should be valid on either of the two date’s i.e. original date
of sale of tender or on the extended date of sale of tenders.

1.1 The work is estimated to cost Rs.27,44,753 Only. This estimate, however, is given
merely as a rough guide.

1.1.1 The authority competent to approve NIT for the combined cost and belonging to the
major discipline will consolidate NITs for calling the tenders. He will also nominate
Division which will deal with all matters relating to the invitation of tenders.

For composite tender, besides indicating the combined estimated cost put to tender,
should clearly indicates the estimated cost of each component separately. The
eligibility of tenderer will correspond to the combined estimated cost of different
components put to tender.

1.2 Tender documents will be issued to eligible contractors provided they produce
definite proof from the appropriate authority, which shall be to the satisfaction of the
competent authority, of having satisfactorily completed similar works of magnitude
specified below:-

1.2.1 Criteria of eligibility for contractors:

For works estimated to cost above Rs. 100 lac.
Minimum Work done condition :- Minimum one similar work done of amount not less than
40% (forty percent) of the estimated cost (without Liquidated Damage or compensation) in
last five years or minimum one Civil Engineering work amount not less than 80% (Eighty
percent) of the estimated cost (without Liquidated Damage or compensation) in last five
years

HPPWD EE Contractor
 The value of executed works shall be brought to current costing level by enhancing
the actual value of work at simple rate of 5% per annum, calculated from the date of
completion to the last date of receipt of application for tender.

1.2.2 To become eligible for issue of tender documents, the tenderer shall have to furnish an
affidavit as under-

I/We undertake and confirm that eligible similar works(s) has/have not been got
executed through another contractor on back-to-back basis. Further that, if such a
violation comes to the notice of Department, then I/we shall be debarred for tendering
in HPPWD in future forever. Also, if such a violation comes to the notice of Department
before date of start of work, the Engineer- in-Charge shall be free to forfeit the entire
amount of Earnest Money Deposit/Performance Guarantee.

2. Agreement shall be drawn with the successful tenderer on prescribed Form No. HP
PWD-7/8 which is available on HPPWD website. Tenderer shall quote his rates as per
various terms and conditions of the said form which will form part of the agreement.

3. The time allowed for carrying out the work will be from the date of start as
defined in schedule ‘F’ or from the first date of handing over of the site, whichever is
later, in accordance with the phasing, if any, indicated in the tender documents.

4. The site for the work is available.

OR
The site for the work shall be made available in parts as specified in schedule F _ _ _ _
________

5. Applications for issue of Tender forms shall be received by __________(4PM) and

tender document shall be issued by _____________(4PM)

Tender document consisting of plans, specifications, the schedule of quantities of the

various classes of work to be done and the set of terms & conditions of contract to be
complied with by the contractor whose tender may be accepted and other
necessary documents can be seen in the office of the Executive Engineer,
Nalagarh Division HP PWD Nalagarh between hours of 11.00 AM from……..
…….to ……………………….. every day except on Sundays and Public Holidays.
Tender documents, excluding standard form, will be issued from his office, during
the hours specified above, on payment of Rs.………………… in cash as cost of
tender documents .

6. (i) Tenders shall be accompanied with Earnest money of Rs.54,900 in the form of
Treasury Challan/Deposit at Call receipt of a scheduled bank/fixed deposit
receipt/Bank guarantee of a scheduled bank duly pledged in favour of the Executive
Engineer, Nalagarh Division HP PWD Nalagarh 50% of earnest money or Rs. 20 lakh,
whichever is less, will have to be deposited in the shape prescribed above and
balance amount of earnest money can be accepted in the form of Bank guarantee
issued by a scheduled bank having validity for 6 months or more from the last date of
receipt of tenders.

HPPWD EE Contractor
ii) The tender and the earnest money shall be placed in separate sealed envelopes, each
marked “Tender” and “Earnest Money” respectively. Both the envelopes shall be
submitted together in another sealed envelope with the name of work and due date of
opening written on envelope, which will be received by the … 11.00 AM on and will
be opened by him or his authorized representative in his office on the same day at
11.30AM. The envelop marked “Tender” of only those tenderers shall be opened,
whose earnest money, placed in the other envelope, is found to be in order.
7. The contractor whose tender is accepted, will be required to furnish performance
guarantee of 5% (Five Percent) (This condition is applicable for the tenders
having tendered amount of Rs. 100 Lacs. (One Hundred Lacs ) and above of
the tendered amount within the period specified in Schedule F. This guarantee shall
be in shape of Deposit at Call receipt of any scheduled bank duly pledged in favour
of the Executive Engineer, Nalagarh Division HP PWD Nalagarh (in case
guarantee amount is less than Rs. 1,00,000/-) or Government Securities or Fixed
Deposit Receipts or Guarantee Bonds of any Scheduled Bank or the State Bank of
India in accordance with the prescribed form. In case the contractor fails to deposit the
said performance guarantee within the period as indicated in Schedule ‘F’ including
the extended period if any, the Earnest Money deposited by the contractor shall be
forfeited automatically without any notice to the contractor.

8. The description of the work is as follows:

_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_________________
Copies of other drawings and documents pertaining to the works are open for
inspection by the tenderers at the office of above-mentioned officer.

Tenderers are advised to inspect and examine the site and its surroundings and
satisfy themselves before submitting their tenders as to the nature of the ground and
sub-soil (so far as is practicable), the form and nature of the site, the means of access
to the site, the accommodation they may require and in general shall themselves
obtain all necessary information as to risks, contingencies and other circumstances
which may influence or affect their tender. A tenderer shall be deemed to have full
knowledge of the site whether he inspects it or not and no extra charge consequent
on any misunderstanding or otherwise shall be allowed. The tenderer shall be
responsible for arranging and maintaining at his own cost all materials, tools & plants,
water, electricity access, facilities for workers and all other services required for
executing the work unless otherwise specifically provided for in the contract
documents. Submission of a tender by a tenderer implies that he has read this notice
and all other contract documents and has made himself aware of the scope and
specifications of the work to be done and of conditions and rates at which stores, tools
and plant, etc. will be issued to him by the Government and local conditions and other
factors having a bearing on the execution of the work.

9. The competent authority on behalf of the Governor of Himachal Pradesh does not
bind itself to accept the lowest or any other tender and reserves to itself the authority

HPPWD EE Contractor
 to reject any or all the tenders received without the assignment of any reason. All
tenders in which any of the prescribed condition is not fulfilled or any condition
including that of conditional rebate is put forth by the tenderer shall be summarily
rejected.

10. Canvassing whether directly or indirectly, in connection with tenders is strictly

prohibited and the tenders submitted by the contractors who resort to canvassing will
be liable to rejection.

11. The competent authority on behalf of Governor of Himachal Pradesh reserves to

himself the right of accepting the whole or any part of the tender and the tenderer shall
be bound to perform the same at the rates quoted.

12. The contractor shall not be permitted to tender for works in the HP PWD circle
responsible for award and execution of contracts, in which his near relative is posted as
a Divisional Accountant or as an officer in any capacity between the grades of
Superintending Engineer and Junior Engineer (both inclusive). He shall also intimate
the names of persons who are working with him in any capacity or are subsequently
employed by him and who are near relatives to any gazetted officer in the Himachal
Pradesh Public Works Department or in the Ministry. Any breach of this condition by
the contractor would render him liable to be removed from the approved list of
contractors of this Department.

13. No Engineer of Gazetted rank or other Gazetted Officer employed in Engineering or

Administrative duties in an Engineering Department of the Government of Himachal
Pradesh is allowed to work as a contractor for a period of Two years after his
retirement from Government service, without the previous permission of the
Government of H.P. in writing. This contract is liable to be cancelled if either the
contractor or any of his employees is found any time to be such a person who had not
obtained the permission of the Government of H.P. as aforesaid before submission of
the tender or engagement in the contractor’s service.

14. The validity period for acceptance of tenders in case only financial bids are invited
shall be 30 days from the last date of receipt of bids and in all other cases 75 days
from the last day of receipt of technical bid.(strike out as the case may be)
If any tenderer withdraws his tender before the said period or issue of letter of
acceptance, whichever is earlier, or makes any modifications in the terms and
conditions of the tender which are not acceptable to the department, then the
Government shall, without prejudice to any other right or remedy, be at liberty to forfeit
50% of the said earnest money as aforesaid. Further the tenderer shall not be allowed
to participate in the retendering process of the work.
15. This notice inviting Tender shall form a part of the contract document. The
successful tenderer/contractor, on acceptance of his tender by the Accepting Authority
shall within 15 days from the stipulated date of start of the work, sign the contract
consisting of:-

a) The Notice Inviting Tender, all the documents including additional conditions,
specifications and drawings, if any, forming the tender as issued at the time of
invitation of tender and acceptance thereof together with any correspondence
leading thereto.

HPPWD EE Contractor
 b) Standard H. P.P.W.D. Form 7/8

16. For Composite Tenders:

16.1.1 The Executive Engineer in charge of the major component will call tenders for the
composite work. The cost of tender document and Earnest Money will be fixed with
respect to the combined estimated cost put to tender for the composite tender.

16.1.2 The tender document will include following three components:

Part A: HP PWD-6, HP PWD-7/8 including schedule A to F for major component of

the work, Standard General Conditions of Contract for HPPWD 2020 or latest edition
as applicable with all amendments/modifications.

Part B: General/specific conditions, specifications and schedule of quantities

applicable to major component of the work.

Part C: Schedule A to F for minor component of the work. (SE/EE in charge of major
component shall also be competent authority under clause 2 and clause 5 as
mentioned in schedule A to F for major components) General/specific conditions,
specifications and schedule of quantities applicable to minor component(s) of the
work.

16.1.3 The tenderer must associate with himself, agencies of the appropriate class eligible to
tender for each of the minor component individually.

16.1.4 The eligible tenderers shall quote rates for all items of major component as well as
for all items of minor components of work. It will be obligatory on the part of the
tenderer to sign the tender document for all the components (The schedule of
quantities, conditions and special conditions etc.)

16.1.5 After acceptance of the tender by competent authority, the Engineer –in- Charge of
major component of the work shall issue letter of award on behalf of the Governor of
Himachal Pradesh. After the work is awarded, the main contractor will have to enter
into one agreement with Engineer –in- Charge of major component and has also to
sign two or more copies of agreement depending upon number of Engineer –in-
Charge in charge of minor components. One such signed set of agreement shall be
handed over to Engineer –in- Charge of minor component. Engineer –in- Charge of
major component will operate part A and part B of the agreement. Engineer –in-
Charge of minor component(s) shall operate Part C along with Part A of the
agreement.

16.1.6 Entire work under the scope of composite tender including major and all minor
components shall be executed under one agreement.

16.1.7 Security Deposit will be worked out separately for each component corresponding to
the estimated cost of the respective component of works. The Earnest Money will
become part of the security deposit of the major components of work.

HPPWD EE Contractor
 16.1.8 The main contractor has to associate agency(s) for minor component(s) conforming to
eligibility criteria as defined in the tender document and has to submit detail of such
agency(s) to Engineer-in-Charge of minor component(s) within prescribed time.
Name of the agency(s) to be associated shall be approved by Engineer-in-charge of
minor component(s).
16.1.9 In case the main contractor intends to change any of the above agency/agencies
during the operation of the contract, he shall obtain prior approval of Engineer-in-
charge of minor component. The new agency/agencies shall also have to satisfy the
laid down eligibility criteria. In case Engineer-in-Charge is not satisfied with the
performance of any agency, he can direct the contractor to change the agency
executing such items of work and this shall be binding on the contractor.

16.1.10 The main contractor has to enter into agreement with the contractor(s) associated by
him for execution of minor component(s). Copy of such agreement shall be
submitted to EE in charge of each minor component as well as to EE in charge of
major component. In case of change of associate contractor, the main contractor has
to enter into agreement with the new contractor associated by him.

16.1.11 Running payment for the major component shall be made by EE of major discipline
to the main contractor. Running payment for minor components shall be made by the
Engineer-in- Charge of the discipline of minor component directly to the main
contractor.

16.1.12 Final bill of whole work shall be finalized and paid by the EE of major component.
Engineer(s) in charge of minor component(s) will prepare and pass the final bill for
their component of work and pass on the same to the EE of major component for
including in the final bill for composite contract.

17. A Joint Venture (JV) of contractors can participate in the tender as per condition 28.0 of
General Rules and Directions.
18. The contractors should quote in figures as well as in words the rate & amount tendered
by them. The amount for each item should be worked out & requisite totals given.
19. When a contractors signs a tender in an Indian language the percentage above or below
& the tendered amount in the case of PWD form No……….. & the total amount
tendered should also be written in the same language. In the case of illiterate
contractors, a witness should attest the rates or the amounts tendered.
20. Issue of tender form will be stopped on ………..………..……….. (14 days) before the date
fixed for the opening of tenders i.e. on ………..……….. upto ………..AM.

21. All the rates should be quoted on the proper form of the tender alone.

22. Any item rate tender containing percentage below/above will be similarly rejected.
However, where a tenderer voluntarily offers a rebate for payment within a stipulated
period, this may be considered.

23. On acceptance of tender, the contractor will intimate to the Engineer-in- Charge, the
name of the authorized representative(s) who would be responsible for taking

HPPWD EE Contractor
 instructions from the Engineer-in-charge.

24. Special care should be taken to write the rates in figures as well as in words, and the
amount of figures, only in such way that interpolation is not possible. The total amount
should be written both in figures and in words. In case of figures, the words ‘Rs’ should
be written before the figures of rupees and words ‘P’ after the decimal figures e.g. Rs.
2.15 and in case of words, the words ‘Rupees’ should precede and the words “Paisa’
should be written at the end. Unless the rate is in whole rupees and followed by the
words ‘only’ it should invariably be up to two decimal place. While quoting the rate in
schedule of quantities, the words ‘only’ should be written closely following the amount
and it should not be written in the next line.

25 . If on check there is difference between the rates quoted by the contractor in works and in
figures or in the amount worked out by him, the following procedure shall be followed:
(i) When there is difference between the rates in figures and in words, the rate, which
corresponded to the amounts worked out by the contractor, shall be taken as correct.
(ii) When the amount of an item is not worked out by the contractor or it does not correspond
with the rate written either in figures or in words, then the rate quoted by the contractor in
words shall be taken as correct.

(iii) When the rate quoted by the contractor in figures and in words tallies but the amount is not
worked out correctly, the rate quoted by the contractor shall be taken as correct and not
the amount.

26. If it is found that the tender is not submitted in proper manner or contain too many
corrections or absurd rates of amounts it would be opened for Govt. to take suitable action
against the contractor.

27. In case of discrepancy in the rates quoted by the contractor in works and figures, the
rates quoted in words will be the correct basis and not the rates quoted in figures.

28. Goods & Service Tax (GST) or any other tax on material in respect of this contract shall
be payable by the contractor and Govt. will not entertain any claim whatsoever in this
respect. Deduction at source will be regulated under the provision of GST Act ( 2% GST (
1% CGST+1% SGST) will be deducted from the bills of the contractor under as per
Gazetted notification published).
29. The contractor shall produce Income Tax Clearance Certificate on the revised form
notified under Ministry of Finance O.M No. 221/34/76 II Al dated 21/05/1981 circulated
under O.M No. 17829/55 (1) 86- Coord dated 28.01.1981 before the tender papers can
be sold to him.

30. Where Tenderer voluntarily offers a rebate for payment within a stipulated period, this may
be considered.

31. The Contractor shall comply with the provision of the Apprentices Act 1961, and the rules
and orders issued there under from time to time. If he fails to do so, his failure will be a
breach of the contract and the Superintending Engineer/ Executive Engineer may in his
discretion cancel the contract. The contractor shall also be liable for any liability arising on
account any valuation by him of the provisions of the Act.

HPPWD EE Contractor
32. Un-sealed tenders shall be similarly rejected.

33. The site shown in the layout plant shall be cleared of all obstruction, loose stone material,
rubbish of all kind as well as brushwood. All holes or hollows whether originally existing or
are produced by removal of loose stone or brushwood shall be carefully filled up with earth
well rammed and leveled as directed by the Engineer-in-Charge before the
commencement of the work. Nothing whatsoever will be payable to the contractor on this
account.

34. The site of execution of the work will be made available as soon as the work is awarded.
In case it is not possible for the department to make the entire site available on the award
of work, the contractor shall arrange his working programme accordingly. No claim
whatsoever for not giving the site in full on award of work or for giving the site gradually in
parts will be tenable.

35. The contractor’s responsibility for the contract shall commence from the date of issue of
orders of acceptance of the tender.

36. The tenderer while submitting tender must provide adequate information regarding his
financial, technical and organizational capacity to execute the work.

37. The tender for works shall remain open for acceptance for the period as given below :-

Sr No. Particular Period

i) Tender in case only financial 30days from the last date of receipt of
bids are invited bids.
ii) Tender in all other cases 75 days from the last day of receipt of
technical bids

38. The Engineer –in -Charge reserve right to ask for submission of sample as in respect of
material for which the tenderer has quoted his rates before the tender can be considered
for acceptance. If the tenderer who is called upon to do so does not submit samples within
7 (seven) days of written order, the Government shall be at liberty to forfeit 10% of the
said earnest money absolutely.

39. The tenderer on acceptance of offer, if fails to commence the work within stipulated period
the earnest money deposited with tender will be forfeited and will be absolutely at the
disposal of the H.P. Government without any reservation on the part of the tenderer.

40. In case the lowest tender withdraws the offer or fail to start the work or refuses to carry
out the work, for which he has tendered and found to be the lowest on after its opening
within the validity period, the earnest money so deposited by the tenderer shall stand
forfeited and will be absolutely at the disposal of the H.P. Govt. without any reservation on
the part of the tenderer.

41. The contractor will have to submit the proof of registration under Employee’s Provident
Fund & miscellaneous provision Act, 1952.

HPPWD EE Contractor
42. GST or any other tax applicable in respect of inputs procured by the contractor for this
contract shall be payable by the Contractor and Government will not entertain any claim
whatsoever in respect of the same. However, component of GST at time of supply of
service (as provided in CGST Act 2017) provided by the contract shall be varied if different
from that applicable on the last date of receipt of tender including extension if any.

Signature of Contractor with Full Address

Executive Engineer
Nalagarh Division
HP PWD Nalagarh

HPPWD EE Contractor
 HP.PWD - 7/8
GOVERNMENT OF HIMACHAL PRADESH
PUBLIC WORKS DEPARTMENT
Percentage Rate Tender/Item Rate Tender & Contract for Works

Tender for the work of :- AMP works for the year 2024-25 on Pater Bhonku Village Hatra (SH:- P/L Mixed seal
surfacing (MSS) works in km 0/0 to 2/500 9HP1103VR012049101-103).

To be opened in presence of tenderer who may be present at 11:00 hours on 25-07-2024 in the office of Executive
Engineer, Nalagarh Division HP PWD Nalagarh,
TENDER

I/We have read and examined the notice inviting tender, schedule A, B, C, D, E & F Specifications applicable,
Drawings & Designs, General Rules and Directions, Conditions of Contract, Clauses of contract, Special
conditions, Schedule of Rate & other documents and Rules referred to in the conditions of contract and all
other contents in the tender document for the work.

I/We hereby tender for the execution of the work specified for the Governor of Himachal Pradesh within the
time specified in Schedule ‘F’ viz., schedule of quantities and in accordance in all respect with the
specifications, designs, drawing and instructions in writing referred to in Rule-1 of General Rules and
Directions and in Clause 11 of the Conditions of contract and with such materials as are provided for, by, and
in respect of accordance with, such conditions so far as applicable.

I/We agree to keep the tender open for......................................... days from the due date of its opening in
case of single bid system ............................................................ from the date of opening of technical bid
in case tenders are invited on 2 /3 bid/ system for specialized work and not to make any modification in its
terms and conditions.

A sum of Rs. .......................... is hereby forwarded in receipt treasury challan/deposit at call receipt of a
scheduled bank/fixed deposit receipt of scheduled bank/ /bank guarantee issued by a scheduled bank as
earnest money.

A copy of earnest money in receipt treasury challan/deposit at call receipt of a scheduled bank/fixed
deposit receipt of scheduled bank/ /bank guarantee issued by a scheduled bank is scanned and uploaded
(strike out as the case may be). If I/We, fail to furnish the prescribed performance performance guarantee
within prescribed period, I/We agree that the said Governor of Himachal Pradesh or his successors, in office
shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money
absolutely. Further, if I/We fail to commence work as specified, I/ We agree that Governor of Himachal
Pradesh or the successors in office shall without prejudice to any other right or remedy available in law, be at
liberty to forfeit the said performance guarantee absolutely. The said Performance Guarantee shall be a

HPPWD EE Contractor
guarantee to execute all the works referred to in the tender documents upon the terms and conditions
contained or referred to those in excess of that limit at the rates to be determined in accordance with the
provision contained in Clause 12.2 and 12.3 of the tender form.

Further, I/We agree that in case of forfeiture of Earnest Money or Performance Guarantee as aforesaid,
I/We shall be debarred for participation in the re-tendering process of the work.

I/We undertake and confirm that eligible similar work(s) has/have not been got executed through another
contractor on back to back basis. Further that, if such a violation comes to the notice of Department, then
I/We shall be debarred for tendering in HP.PWD in future forever. Also, if such a violation comes to the
notice of Department before date of start of work, the Engineer-in-Charge shall be free to forfeit the entire
amount of Earnest Money Deposit/Performance Guarantee.

I/We hereby declare that I/We shall treat the tender documents drawings and other records connected with
the work as secret/confidential documents and shall not communicate information/derived there from to any
person other than a person to whom I/We am/are authorized to communicate the same or use the
information in any manner prejudicial to the safety & integrity of the State.

Dated Signature of Contractor

Witness: Postal Address

Address:
Occupation:

A C C E P T A N C E

The above tender (as modified by you as provided in the letters mentioned hereunder) is accepted by me for
and on behalf of the Governor of Himachal Pradesh for a sum of Rs. ……………......................(Rupees
...............................................................................................................................................
...........................................................................................................................................................)
The letters referred to below shall form part of this contract agreement:-
(a)
(b)
(c)

For & on behalf of

the Governor of Himachal Pradesh.
Signatures ................................
Dated: Designation ...............................

HPPWD EE Contractor
 GOVERNMENT OF HIMACHAL PRADESH
PUBLIC WORKS DEPARTMENT
General Rules & 1. All works proposed for execution by contract will be notified in a form of invitation
Directions on office notice board or to tender pasted by publication in News papers or posted
on website as the case may be. This form will state the work to be carried out, as
well as the date for submitting and opening tenders and the time allowed for
carrying out the work, also the amount of earnest money to be deposited with the
tender, and the amount of the security deposit and Performance guarantee to be
deposited by the successful tenderer and the percentage, if any, to be deducted from
bills. Copies of the specifications, designs and drawings and any other documents
required in connection with the work signed for the purpose of identification by the
officer inviting tender shall also be open for inspection by the contractor at the office
of officer inviting tender during office hours.
2. In the event of tender being submitted by a firm, it must be signed separately by each
partner thereof or in the event of the absence of any partner, it must be signed on his
behalf by a person holding a power of attorney authorizing him to do so, such power of
attorney to be produced with the tender, and it must disclose that the firm is duly
registered under the Indian Partnership Act 1952.
3. Receipts for payment made on account of work, when executed by a firm, must also
be signed by all the partners, except where contractors are described in their tender
as a firm, in which case the receipts must be signed in the name of the firm by one of
the partners, or by some other person having due authority to give effectual receipts
for the firm.
Applicable for Item
Rate Tender only 4. The rate(s) must be quoted in decimal coinage. Amounts must be quoted in full rupees
(HP.PWD - 8) by ignoring fifty paisa and considering more than fifty paisa as rupee one.
In case the lowest tendered amount (worked out on the basis of quoted rate of Individual
items) of two or more contractors is same, then such lowest contractors may be
asked to submit sealed revised offer quoting rate of each item of the schedule of
quantity for all sub sections/sub heads as the case may be, but the revised quoted
rate of each item of schedule of quantity for all sub sections/sub heads should not be
higher than their respective original rate quoted already at the time of submission of
tender. The lowest tender shall be decided on the basis of revised offer.
If the revised tendered amount (worked out on the basis of quoted rate of individual
items) of two or more contractors received in revised offer is again found to be equal,
then the lowest tender, among such contractors, shall be decided by draw of lots in
the presence of SE of the circle, or CE of the zone EE(s) in-charge of major & minor
component(s) (also EE Hort. in case Horticulture work is also included in the tender),
and the lowest contractors those have quoted equal amount of their tenders.

HPPWD EE Contractor
 In case of any such lowest contractor in his revised offer quotes rate of any item
more than their respective original rate quoted already at the time of submission
of tender, then such revised offer shall be treated invalid. Such case of revised
offer of the lowest contractor or case of refusal to submit revised offer by the
lowest contractor shall be treated as withdrawal of his tender before acceptance
and 50% of his earnest money shall be forfeited.
In case all the lowest contractors those have same tendered amount (as a result
of their quoted rate of individual items), refuse to submit revised offers, then
tenders are to be recalled after forfeiting 50% of EMD of each lowest contractors.
Contractor, whose earnest money is forfeited because of non-submission of revised
offer, or quoting higher revised rate(s) of any item(s) than their respective original
rate quoted already at the time of submission of his bid shall not be allowed to
participate in the retendering process of the work.
Applicable for 4A. In case of Percentage Rate Tenders, contractor shall fill up the usual printed
Percentage Rate form, stating at what percentage below/above (in figures as well as in words) the
Tender only total estimated cost given in Schedule of Quantities at Schedule A, he will be
willing to execute the work. The tender submitted shall be treated as invalid if :-
I. The contractor does not quote percentage above/below on the total amount
of tender or any section/sub head of the tender.
II. The percentage above/below is not quoted in figures & words both on the
total amount of tender or any section/sub head of the tender.
III. The percentage quoted above/below is different in figures & words on the
total amount of tender or any section/sub head of the tender.
Tenders, which propose any alteration in the work specified in the said form of
invitation to tender, or in the time allowed for carrying out the work, or which
contain any other conditions of any sort including conditional rebates, will be
summarily rejected.
4B. In case the lowest tendered amount (estimated cost + amount worked on the
basis of percentage above/below) of two or more contractors is same, such
lowest contractors will be asked to submit sealed revised offer in the form of
letter mentioning percentage above/ below on estimated cost of tender including
all sub sections/sub heads as the case may be, but the revised percentage
quoted above/below on tendered cost or on each sub section/ sub head should
not be higher than the percentage quoted at the time of submission of tender.
The lowest tender shall be decided on the basis of revised offers.
In case any of such contractor refuses to submit revised offer, then it shall be
treated as withdrawal of his tender before acceptance and 50% of earnest money
shall be forfeited.
If the revised tendered amount of two more contractors received in revised offer is
again found to be equal, the lowest tender, among such contractors, shall be
decided by draw of lots in the presence of SE of the circle, or CE of the zone
EE(s) in-charge of major & minor component(s) (also EE Hort. in case
Horticulture work is also included in the tender), & the lowest contractors those
have quoted equal amount of their tenders.

HPPWD EE Contractor
 In case all the lowest contractors those have quoted same tendered amount, refuse to
submit revised offers, then tenders are to be recalled after forfeiting 50% of EMD of
each contractor Contractor(s), whose earnest money is forfeited because of non-
submission of revised offer, shall not be allowed to participate in the re-tendering
process of the work.
5. The officer inviting tender or his duly authorized assistant, will open tenders in the
presence of any intending contractors who may be present at the time.
6. The officer inviting tenders shall have the right of rejecting all or any of the tenders and
will not be bound to accept the lowest or any other tender.
7. The receipt of an accountant or clerk for any money paid by the contractor will not be
considered as any acknowledgment or payment to the officer inviting tender and the
contractor shall be responsible for seeing that he procures a receipt signed by the
officer inviting tender or a duly authorized Cashier.
Applicable for Item 8. In the case of Item Rate Tenders, only rates quoted shall be considered. Any tender
Rate Tender only containing percentage below/above the rates quoted is liable to be rejected. Rates
(HP.PWD - 8) quoted by the contractor in item rate tender in figures and words shall be accurately
filled in so that there is no discrepancy in the rates written in figures and words.
However, if a discrepancy is found, the rates which correspond with the amount worked
out by the contractor shall unless otherwise proved be taken as correct. If the amount
of an item is not worked out by the contractor or it does not correspond with the rates
written either in figures or in words, then the rates quoted by the contractor in words
shall be taken as correct. Where the rates quoted by the contractor in figures and in
words tally, but the amount is not worked out correctly, the rates quoted by the
contractor will unless otherwise proved be taken as correct and not the amount. In
event no rate has been quoted for any item(s), leaving space both in figure(s), word(s),
and amount blank, it will be presumed that the contractor has included the cost of
this/these item(s) in other items and rate for such item(s) will be considered as zero
and work will be required to be executed accordingly.
However, if a tenderer quotes nil rates against each item in item rate tender, the
tender shall be treated as invalid and will not be considered as lowest tenderer and
earnest money deposited shall be forfeited.
Applicable for 9. In case of Percentage Rate Tenders only percentage quoted shall be considered. Any
percentage Rate tender containing item rates is liable to be rejected. Percentage quoted by the contractor
Tender only in percentage rate tender shall be accurately filled in figures and words, so that there
(HP.PWD - 7) is no discrepancy.
Applicable for 10. In Percentage Rate Tender, the tenderer shall quote percentage below/above (in figures
Percentage Rate as well as in words) at which he will be willing to execute the work. He shall also work
Tender only out the total amount of his offer and the same should be written in figures as well as
(HP.PWD - 7) in words in such a way that no interpolation is possible. In case of figures, the word
‘Rs.’ should be written before the figure of rupees and word ‘P’ after the decimal
figures, e.g. ‘Rs. 2.15P and in case of words, the word ‘Rupees’ should precede and
the word ‘Paisa’ should be written at the end.
11. (i) The Contractor whose tender is accepted, will be required to furnish
performance guarantee of 5% (Five Percent) of the tendered amount (This
condition is applicable for the tenders having tendered amount of Rs. 100 Lac. ( One
Hundred lac) and above within the period specified in Schedule F. This
guarantee shall be in the form of Deposit at call receipt of any scheduled
bank/

HPPWD EE Contractor
 Pay order of any scheduled bank (in case guarantee amount is less than Rs.
1,00,000/-) or Government Securities or Fixed Deposit Receipts or Guarantee
Bonds of any Scheduled Bank
(ii) The contractor whose tender is accepted will also be required to furnish by
way of Security Deposit for the fulfillment of his contract, an amount equal to
5% for the works of tendered value less than Rs. 100 lac and 2.5% for the
works of tendered value of Rs. 100 lac and above. The Security deposit will
be collected by deductions from the running bills as well as final bill of the
contractor at the rates mentioned above. The Security amount will be
accepted in the shape of Government Securities, Fixed Deposit Receipt of a
Scheduled Bank or will also be accepted for this purpose provided
confirmatory advice is enclosed.
12. On acceptance of the tender, the name of the accredited representative(s) of the
contractor who would be responsible for taking instructions from the Engineer-in-Charge
shall be communicated in writing to the Engineer-in-Charge.
13. GST or any other tax applicable in respect of inputs procured by the contractor for this
contract shall be payable by the Contractor and Government will not entertain any
claim whatsoever in respect of the same. However, component of GST at time of
supply of service (as provided in CGST Act 2017) provided by the contract shall be
varied if different from that applicable on the last date of receipt of tender including
extension if any.
14. The contractor shall give a list of both gazetted and non-gazetted HP.PWD employees
related to him.
15. The tender for composite work includes, in addition to building work, all other works
such as sanitary and water supply installations drainage installation, electrical work,
horticulture work, roads and paths etc.
16. The contractor shall submit list of works which are completed/ in hand
(progress) in the following form:-
Work Done Detail: In last five years with base year indicated in performa of
schedule “F”
Sr Name of Name of Cost of completion Remarks
No HP Govt. Work Awarded Completion Penalty if ( Indicate in %
Division or amount amount any and of completion of
State amount awarded
pain components )
thereafter
1 2 3 4 5

Work in hand detail

Name Name of Amount of work completed Position of Stipulated Rem
of HP Govt. works in Date of arks
Awarded Amount of Penalty if completi
work Division amount progress
work any and on
or State (indicate in %
done up amount
where of completion
to last pain
work is of awarded
running thereafter
executed components )
bill
1 2 3 4 5 6

These statements should be countersigned by the Engineer in charge, not below the rank
of an Executive Engineer or equivalent in State with his seal.
HPPWD EE Contractor
 17. The contractor shall comply with the provisions of the Apprentices Act 1961,
and the rules and orders issued there under from time to time. If he fails to do
so, his failure will be a breach of the contract and the Superintending
Engineer/Executive Engineer may in his discretion, without prejudice to any
other right or remedy available in law, cancel the contract. The contractor shall
also be liable for any pecuniary liability arising on account of any violation by
him of the provisions of the said Act.

18. The GST (SGST+CGST) shall be deducted at source at the rate as notified by
the Government of India from time to time.

19. The statutory deductions of I-Tax shall be done from the running bills of
contractor. 20. The contractor of appropriate class registration can tender in
the work. The contractor has to produce the registration certificate at the time
of tender.

21. The contractor is required to start the work within fifteen days of award of work
failing which, his earnest money shall be forfeited and may be debar to
participate in the retendering of work.

22. The contractor will have to submit the proof of machinery, T& P required for
work shown in Schedule F at the time of tender.

22 “A”. The contractor will have to submit the proof of registration under
Employees Provident Funds & Miscellaneous Provision Act, 1952 (EPF
Number) within a month from award of Work/Contract. ( as per instruction
issued vide ENC office letter No. 20593-692 12- 09-2017)

23. Online bidding procedure: Scanned copies of the following documents shall be
uploaded on the website http://hptenders.gov.in from the appropriate place.

24.1. COST OF TENDER: INDICATED IN SCHEDULE ‘E’ : THE COST OF

TENDER MAY BE DEPOSITED IN SHAPE OF DEMAND DRAFT AND
UPLOADED as pdf DOCUMENT.

24.2 .EARNEST MONEY: THE EARNESTMONEY INDICATED IN SHEDULE ‘E’

AND MAY BE DEPOSTED IN SHAPE OF Treasury Challan/ Deposit at Call
Receipt/FDR/Bank Guarantee of any Scheduled Bank UPLOADED AS pdf
DOCUMENT.
24.3. CONTRACTOR’S REGISTRATION: THE CONTRCTOR HAS TO PRODUCE
THE ENLISTMENT OF COMPETENT AUTHORITY IN APPROPRIATE
CLASS VALID AT THE TIME OF TENDER AND UPLOAD AS pdf REFER
GENERAL RULES NO 20. 24.4. GST REGISTRATION: THE GST
REGISTRATION DOCUMENT MAY BE UPLOADED AS pdf DOCUMENT
REFER HPPWD-6 16(3).

24.5. WORK DONE CERTIFICATE & WORK IN HAND CERTIFICATE: (only if

required in tender document) THE WORK DONE & WORK IN HAND MAY BE
FILLED UP IN THE REQUIRED PERFORMA SHOWN IN GENERAL RULES
HPPWD EE Contractor
 NO. 16 MINIMUM AMOUNT OF WORK DONE SHOWN SCHEDULE ‘F’ AND
THESE ALONGWITH THE WORK DONE CERTIFICATE OF COMPETENT
AUTHORITY MAY BE UPLOADED AS pdf DOCEMENT.

24.6. LIST OF MACHINERY TOOL & PLANT (only if required in tender document)
THE DETAIL OF MACHINERY,T&P MAY BE FILLED UP ON THE FORMAT
AS SHOWN IN SCHEDULE ‘F’ WITH REFERENCE TO CLAUSE 18 AND
THIS ALONGWITH PROOF (R.C. , AFFDAVITS, ETC) MAY BE UPLOADED
AS pdf DOCUMENT.

24.7 BILL OF QUANTITY: THE BILL OF QUANTITY MAY BE UPLOADED IN XLS

FORMAT.

24.8. THE CONTRACTOR IS REQUIRED TO STUDY GENERAL RULES &

DIRECTIONS, CONDITIONS, CONTRACT CLAUSES, SCHEDULES ‘A’ TO
‘F’ IN TENDER DOCUMENT AND THERE AFTER FILL HPPWD FORM NO 8
and upload pdf document

24.9. Any other documents as specified by the State in performa of schedule

25. Submission of Original Documents:

25.i The bidders shall submit scanned copies of the original documents as stated in
clause 23 to 24.9 herein above including the scanned copies of receipts for
cost of the tender documents and earnest money along with the bids on or
before the due date of submission on the website http://hptenders.gov.in
Evaluation of the bids will be carried out only with the downloaded scanned
copies of original documents as submitted by the bidders as per the
requirement of the tender documents. However the successful bidder shall
have to submit the original documents physically with the concerned authority
under proper receipt before issue of letter of Award of the of work . It may be
noted that in case any uploaded scanned copy of any documents is found to
be false/ forget at any stage, the bidder shall be debarred for tendering in
hppwd in future as per his affidavit / undertaking submitted along with his bid.
25.ii However while evaluating the bid technically, if the authority requires any
clarification from the bidder on the submitted scanned copies of the original
documents the bidder will be asked in writing (only through e- mail of tendering
authority as specified in tender documents to bidders e-mail as specified in his
bid) to clarify his technical bid with respect to any rectifiable defect(s)
25.iii On clarification south by the authority, the bidder will respond only through e-
mail in not more than 7 days of the issue of clarification letter from the
concerned authority (s) the evaluation committee will finalize the list of
technically responsive bidders).
26. Eligibility criteria:
26.1 (This eligibility condition shall be applicable for those works of amount put to
tender is up to Rs 50.00 lacs ) As per Govt. notification, the contractor should
not have more than two contracts at a time each of Rs. 100.00 lacs or more in
any HPPWD circles. The contractor has to submit the list of incomplete works
in hand on the proforma mentioned at S.No. 16 of General Rules and
HPPWD EE Contractor
 Directions.

26.2 (This eligibility condition shall be applicable for those works of amount put to
tender is more than Rs 50.00 lacs).

26.2.a : Bidding Capacity :- Bidders who meet the minimum qualification criteria will be
qualified only if their assessed available bid capacity for construction works is
equal to or more than the total bid value. The available bid capacity will be
calculated as under: Assessed Available Bid capacity = ( A x N x M - B ) where

A= Maximum value of civil engineering works executed in any one year during the last five
years (updated to the price level of the financial year in which bids are received at the
rate of 8 percent a year) taking into account the completed as well as works in progress.

Last Five years Amount of work

Description (excluding current done in each
year) financial Year

Total annual volume of civil (Rs in lakhs)

engineering construction work Year-2019-20
executed and payments received in
Year- 2020-21
the last five years preceding the
year in which bids are invited. Year- 2021-22
(Attach /upload certificate from Year- 2022-23
Chartered Accountant) Year-2023-24

N= Number of years prescribed for completion of the works for which bids are invited (period
up to 6 months to be taken as half-year and more than 6 months as one year). M =2

B= Value, at the current price level, of existing commitments and on-going works to be
completed during the period of completion of the works for which bids are invited. The
details should be on the formats indicated in condition no 16.

26.2.b : Minimum Work done condition :- Minimum one similar work done of amount
not less than 40% (forty percent) of the estimated cost (without Liquidated
Damage or compensation) in last five years or minimum one Civil
Engineering work amount not less than 80% (Eighty percent) of the
estimated cost (without Liquidated Damage or compensation) in last five
years. The value of executed works shall be brought to current costing
level by enhancing the actual value of work at simple rate of 5% per
annum, calculated from the date of completion to the last date of receipt of
application for tender.

26.2.c: Power to relax “In exigency of work the power to relax any provision of the
rules/ clauses shall vest with a committee, comprising of ENC, HPPWD,
Chief Engineer concerned SE(D-III )and Joint Controller( F & A)”. Inserted
vide govt. letter No. PBW(B)C(17)2/2012 dated 10 April 2017.

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 27. The contractor is supposed to have seen the site of work before submission
of tender. If complete site is not available, part-site may be handed over in
the beginning and remaining during the currency of work. The contractor will
schedule his work accordingly.

28.0 Joint Ventures: This condition is applicable for the tenders having tendered
amount of Rs. 500 Lac. ( Five Hundred lacs) and above .

Bids submitted by a Joint Venture (JV), which shall consist of not more than three
firms as partners including the lead partner, shall comply with the following
requirements:

(a) There shall be a Joint Venture Agreement (Refer Annexure I of schedule F or a

Letter of Intent to form a Joint Venture, specific for these contract packages
between the constituent firms, indicating clearly, amongst other things, the
proposed distribution of responsibilities both financial as well as technical for
execution of the work amongst them. For the purpose of this clause, the most
experienced lead partner will be the one defined. A copy of the Joint Venture
agreement in accordance with requirements mentioned in Annexure - I shall be
submitted before any award of contract to the successful bidder, could be finalized.
(b) The bid, and in the case of the successful bidder, the Form of Agreement, etc.,
shall be signed and / or executed in such a manner as may be required for making
it legally binding on all partners . On award of contract, the Form of Agreement and
Contract Documents shall be signed by all partners of the Joint Venture to
conclude Contract Agreement.

(c) Lead partner shall be nominated as being partner-in-charge; and this authorization
shall be evidenced by submitting a power of attorney signed by the legally
authorized signatories of all the partners.

(d) The partner-in-charge shall be authorized to incur liabilities and to receive

instructions for and on behalf of the partners of the Joint Venture, whether jointly or
severally, and entire execution of the Contract (including payment) shall be carried
out exclusively through the partner-in-charge. A copy of the said authorization shall
be furnished in this Bid.

(e) All partners of the Joint Venture shall be liable jointly and severally for the execution of the Contract
in accordance with the Contract terms, and a relevant statement to this effect shall be included in
the authorization mentioned under sub clause (c) above as well as in the Form of Bid and the Form
of Agreement (in case of a successful bidder).

(f) The bid submitted shall include all the relevant information as required under the provisions of
Sub-Clause 1.1 below and furnished separately for each partner.

(g) The Joint Venture Agreement shall be registered to be legally valid and binding on all partners.

1.1 A To qualify for award of the Contract, each bidder (Individual or Joint Venture) should have in the
last five years (5 years) immediately preceding the year, in which the bids are invited, year means
financial year);
(a) Achieved in any one year a minimum financial turnover on account of Civil Engineering works
executed by taking into account the completed as well as works in progress (Refer 26.2a of GCC)
duly certified by the Chartered Accountant. The turnover will be indexed at the rate of 8% per year.

(b) Satisfactorily completed, as prime contractor, or sub contractor at least one similar work equal in
value half of the estimated cost of work or at least one Civil Engineering work equal in value of the
estimated cost of work for which the bid is invited as mentioned in GCC.

1.2 B (a) Each bidder must produce:

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 (i) A copy of PAN issued by Income Tax Authorities; and

(ii) An affidavit that the information furnished with the bid document is correct in all respects; and

iii) Such other certificates as defined by the Engineer-in Charge. Failure to produce the certificates on
demand shall make the bid non-responsive.

(b) Each bidder must demonstrate:

(i). Availability for construction work, either owned, or on lease or on hire, of the key equipment stated
in the GCC including equipments required for establishing field laboratory to perform mandatory
tests, and those stated in the GCC.

(ii) Availability for construction work of technical personnel as stated in the GCC.

1.3 C To qualify for a package of contracts made up of this and other contracts for which bids are invited in
the Invitation for Bids, the bidder must demonstrate having experience and resources sufficient to
meet the aggregate of the qualifying criteria for the individual contracts.

1.4 D Joint Venture firm (having partners limited to three including lead partner) shall be jointly and
severally responsible for completion of the project. Joint Venture must fulfill the following minimum
qualification requirements. This condition is applicable for the tenders having tendered amount of
Rs. 500 Lacs( Five Hundred lacs) and above.

(i) The lead partner shall meet not less than 50% of qualification criteria given in sub-clause 1.1
A (a) & (b) above.

(ii) Each of the remaining partners shall meet not less than 25% of all the qualifying criteria
given in sub-clause 1.1 A (a) & (b) above.

(iii) The Joint Venture must also collectively satisfy the requirements of the criteria of Clause 1.2
B and 1.3 C above. For this purpose the relevant figures for each of the partners shall be
added together to arrive at the Joint Venture total capacity which shall be 100% or more.

(iv) In the event that the Engineer-in-charge has caused the bidder to disqualify under Clause
1.7 of below, all of the Joint Venture partners will be disqualified.

(v) The available bid capacity of the JV as required under Clause 1.6 of below will be applied for
each partner to the extent of his proposed participation in the execution of the work. The total
bid capacity available shall be more than estimated contract value.

1.5 Sub-Contractor’s experience and resources shall not be taken into account in determining the
bidder's compliance with the qualifying criteria except to the extent stated in sub-clause 1.1 A
above.

1.6 Bidders who meet the minimum qualification criteria will be qualified only if their assessed
available bid capacity for construction works is equal to or more than the total bid value. The
available bid capacity will be calculated as under:

Assessed Available Bid capacity = ( A*N*M - B )Where :

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 A= Maximum value of civil engineering works executed in any one year during the last five years
(updated to the price level of the financial year in which bids are received at the rate of 8 percent
a year) taking into account the completed as well as works in progress.

N= Number of years prescribed for completion of the works for which bids are invited (period up to 6
months to be taken as half-year and more than 6 months as one year).

M= 2 (Two).

B= Value, at the current price level, of existing commitments and on-going works to be
completed during the period of completion of the works for which bids are invited.

Note: The statements showing the value of existing commitments and on-going works as well as the
stipulated period of completion remaining for each of the works listed should be countersigned by the
Engineer in charge, not below the rank of an Executive Engineer or equivalent.

1.7 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they
have:

(i) made misleading or false representations in the forms, statements, affidavits and attachments
submitted in proof of the qualification requirements; and/or

(ii) evidence of confirmed record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays in completion, or financial failures etc. ,participated in the
previous bidding for the same work and had quoted unreasonably high or low bid prices and could not
furnish rational justification for it to the Engineer-in Charge.

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 CODITIONS OF CONTRACT

Definitions 1. The Contract means the documents forming the tender and acceptance thereof and
the formal agreement executed between the competent authority on behalf of the
Governor of Himachal Pradesh and the Contractor, together with the documents referred
to therein including these conditions, the specifications, designs, drawings and
instructions issued from time to time by the Engineer-in- Charge and all these documents
taken together, shall be deemed to form one contract and shall be complementary to
one another.
2. In the contract, the following expressions shall, unless the context otherwise requires,
have the meanings, hereby respectively assigned to them:-
(i) The expression works or work shall, unless there be something either in the
subject or context repugnant to such construction, be construed and taken to
mean the works by or by virtue of the contract contracted to be executed whether
temporary or permanent, and whether original, altered, substituted or additional.
(ii) The Site shall mean the land, places on, into or where work is to be executed
under the contract or any adjacent land, path or street or where work is to be
executed under the contract or any adjacent land, path or street which may be
temporally allotted or used for the purpose of carrying out the contract.
(iii) The Contractor shall mean the individual, firm or company, whether incorporated or
not, undertaking the works and shall include the legal personal representative of such
individual or the persons composing such firm or company, or the successors of
such firm or company and the permitted assignees of such individual, firm or
company.
(iv) The Governor means the Governor of Himachal Pradesh and his successors.
(v) Government or Government of Himachal Pradesh shall mean the Governor of
Himachal Pradesh.
(vi) The Engineer-in-charge means the Engineer Officer who shall supervise and be in
charge of the work and who shall sign the contract on behalf of the Governor of
Himachal Pradesh as mentioned in Schedule 'F' hereunder.
(vii) The term Engineer-in-Chief includes /Chief Engineer
(viii) Accepting Authority shall mean the authority mentioned in Schedule 'F'.
(ix) Excepted Risk are risks due to riots (other than those on account of contractor's
employees), war (whether declared or not) invasion, act of foreign enemies,
hostilities, civil war, rebellion revolution, insurrection, military or usurped power, any
acts of Government, damages from aircraft, acts of God, such as earthquake, lightening
and unprecedented floods, and other causes over which the contractor has no control
and accepted as such by the Accepting Authority or causes solely due to use or
occupation by Government of the part of the works in respect of which a certificate
of completion has been issued or a cause solely due to Government's faulty design
of works.
(x) Market Rate shall be the rate as decided by the Engineer-in-Charge on the basis
of the cost of materials and labour at the site where the work is to be executed
plus the percentage mentioned in Schedule 'F' to cover, all overheads and profits.

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 Provided that no extra overheads and profits shall be payable on the part(s) of work
assigned to other agency(s) by the contractor as per terms of contract.
Schedule(s) referred to in these conditions shall mean the relevant schedule(s)
annexed to the tender documents or the standard Schedule of Rates of the
government mentioned in Schedule 'F' hereunder, with the amendments thereto
issued upto the date of receipt of the tender.
(xi) Department means HP.PWD or any department of Himachal Pradesh which
invites tenders on behalf of Governor of Himachal Pradesh as specified in
schedule 'F'.
(xii) District Specifications means the specifications followed by the State
Government in the area where the work is to be executed.
(xiii) Tendered value means the value of the entire work as stipulated in the letter of
award.
(xiv) Date of commencement of work: The date of commencement of work shall
be the date of start as specified in schedule 'F' or the first date of handing over of
the site, whichever is later, in accordance with the phasing if any, as indicated
in the tender document.
(xv) GST shall mean Goods and Service Tax - Central, State and Inter State.
Scope and 3 Where the context so requires, words imparting the singular only also include the
Performance plural and vice versa. Any reference to masculine gender shall whenever required
include feminine gender and vice versa.
4 Headings and Marginal notes to these General Conditions of Contract shall not be
deemed to form part thereof or be taken into consideration in the interpretation or
construction thereof or of the contract.
5 The contractor shall be furnished, free of cost one certified copy of the contract
documents except standard specifications, Schedule of Rates and such other printed
and published documents, together with all drawings as may be forming part of the
tender documents . None of these documents shall be used for any purpose other
than that of this contract.

Works to be carried 6 The work to be carried out under the Contract shall, except as otherwise provided in
these conditions, include all labourers, materials, tools, plants, equipment and transport
out
which may be required in preparation of and for and in the full and entire execution and
completion of the works. The descriptions given in the Schedule of Quantities (Schedule-
A) shall, unless otherwise stated, be held to include wastage on materials, carriage
and cartage, carrying and return of empties, hoisting, setting, fitting and fixing in
position and all other labours necessary in and for the full and entire execution and
completion of the work as aforesaid in accordance with good practice and recognized
principles.

Sufficiency of 7 The Contractor shall be deemed to have satisfied himself before tendering as to the
Tender correctness and sufficiency of his tender for the works and of the rates and prices
quoted in the Schedule of Quantities, which rates and prices shall, except as otherwise
provided, cover all his obligations under the Contract and all matters and things
necessary for the proper completion and maintenance of the works.
Discrepancies and
8 The several documents forming the Contract are to be taken as mutually explanatory
Adjustment of Errors
of one another, detailed drawings being followed in preference to small scale drawing
and figured dimensions in preference to scale and special conditions in preference to
General Conditions.

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 8.1 In the case of discrepancy between the schedule of Quantities, the Specifications and/
or the Drawings, the following order of preference shall be observed:-
(i) Description of Schedule of Quantities.
(ii) Particular Specification and Special Condition, if any.
(iii) Drawings.
(iv) HPPWD/CPWD Specifications.
(v) Indian Standard Specifications of B.I.S.
8.2 If there are varying or conflicting provisions made in any one document forming part
of the contract, the Accepting Authority shall be the deciding authority with regard to
the intention of the document and his decision shall be final and binding on the
contractor.
8.3 Any error in description, quantity or rate in Schedule of Quantities or any omission
therefrom shall not vitiate the Contract or release the Contractor from the execution of the
whole or any part of the works comprised therein according to drawings and
specifications or from any of his obligations under the contract.
Signing of Contract 9 The successful tenderer/contractor, on acceptance of his tender by the Accepting
Authority, shall, within 15 days from the stipulated date of start of the work, sign
the contract consisting of:-
(i) the notice inviting tender, all the documents including drawings, if any,
forming the tender as issued at the time of invitation of tender and
acceptance thereof together with any correspondence leading thereto.
(ii) Standard Form as mentioned in Schedule 'F' consisting of:
(a) Various standard clauses with corrections up to the date stipulated in
Schedule 'F' along with annexures thereto.
(b) CPWD Safety Code/HPPWD Safety code.
(c) Model Rules for the protection of health, sanitary arrangements for workers
employed by HP.PWD or its contractors.
(d) Himachal Pradesh Contractor's Labour Regulations.
(e) List of Acts and omissions for which fines can be imposed.
(iii) No payment for the work done will be made unless contract is signed by the
contractor.

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 GENERAL CONDITION OF CONTRACT
CLAUSES OF CONTRACT
Clause 1
Performance Guarantee

(i) The contractor shall submit an irrevocable Performance Guarantee of 5% (Five percent) (This
condition is applicable for the tenders having tendered amount of Rs. 100 Lacs. ( One Hundred Lacs) and above of
the tendered amount in addition to other deposits mentioned elsewhere in the contract for his
proper performance of the contract agreement, (not withstanding and/or without prejudice to any other
provisions in the contract) within period specified in Schedule 'F' from the date of issue of letter of
acceptance. This period can be further extended by the Engineer-in-Charge up to a maximum
period as specified in schedule 'F' on written request of the contractor stating the reason for
delays in procuring the Performance Guarantee, to the satisfaction of the Engineer-in-Charge. This
guarantee shall be in the shape of Deposit at Call receipt of any scheduled bank or the State
Bank of India in accordance with the prescribed form. (in case guarantee amount is less than
Rs. 1,00,000/-) or Government Securities or Fixed Deposit Receipts or Guarantee Bonds of any
Scheduled Bank or the State Bank of India in accordance with the form annexed hereto. In case a
fixed deposit receipt of any Bank is furnished by the contractor to the Government as part of the
performance guarantee and the Bank is unable to make payment against the said fixed deposit
receipt, the loss caused thereby shall fall on the contractor and the contractor shall forthwith on
demand furnish additional security to the Government to make good the deficit.
(ii) The Performance Guarantee shall be initially valid up to the stipulated date of completion plus minimum
60 days beyond that, if the same is submitted by the agency on scheduled format I as per GCC. If
the same is submitted on the format II as per GCC, then the Performance Guarantee shall be valid
up to the stipulated date of completion plus minimum 6 months beyond that. In case the time for
completion of work gets enlarged, the contractor shall get the validity of Performance Guarantee
extended to cover such enlarged time for completion of work. After recording of the completion
certificate for the work by the competent authority, the performance guarantee shall be returned to
the contractor, without any interest. However, in case of contracts involving maintenance of
building and services/any other work after construction of same building and services/other work,
then 50% of Performance Guarantee shall be retained as Security Deposit. The same shall be
returned year wise proportionately.
(iii) The Engineer-in-Charge shall make a claim under the performance guarantee except for amounts to
which the Governor of Himachal Pradesh is entitled under the contract (not withstanding and/or
without prejudice to any other provisions in the contract agreement) in the event of:
(a) Failure by the contractor to extend the validity of the Performance Guarantee as described herein
above, in which event the Engineer-in-Charge may claim the full amount of the Performance
Guarantee.
(b) Failure by the contractor to pay Governor of Himachal Pradesh any amount due, either as agreed
by the contractor or determined under any of the Clauses/Conditions of the agreement, within 30 days
of the service of notice to this effect by Engineer- in-Charge.

(iv) Without limitation to the provisions of the rate of the sub clause, whenever the Engineer-in-Charge
determines an addition or a reduction to the contract price as a result of a change in cost and /or
legislation or as a result of a variation amounting to more than 25 percent of the portion of the
contract price.

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 (iv) In the event of the contract being determined or rescinded under provision of any of the
Clause/Condition of the agreement, the performance guarantee shall stand forfeited in full and shall be
absolutely at the disposal of the Governor of Himachal Pradesh.
(v) On substantial Completion of any work which has been completed to such an extent that the
intended purpose of the work is met and ready to use, then a provisional Completion certificate
shall be recorded by the Engineer-in-Charge. The provisional certificate shall have appended with a
list of outstanding balance item of work that need to be completed in accordance with the provisions
of the contract.
This provisional completion certificate shall be recorded by the concerned Engineer- in-Charge with
the approval of Superintending Engineer /Project Manager / Chief Engineer/Chief Project Manager, if
required. After recording of the provisional Completion Certificate for the work by the competent authority,
the 80 % of performance guarantee shall be returned to the contractor, without any interest.
However in case of contracts involving Maintenance of building and services /any other work after
construction of same building and services/ other work, then 40% of performance guarantee shall
be returned to the contractor, without any interest after recording the provisional Completion
certificate.

Clause 1 A
Recovery of Security The person/persons whose tender(s) may be accepted (hereinafter called the contractor)
Deposit shall permit Government at the time of making any payment to him for work done under the
contract to deduct a sum at the rate of 2.5% of the gross amount of each running and final
bill till the sum deducted will amount to security deposit of 2.5% of the tendered value (5%
for the works of tendered value less than Rs. 100 lacs and 2.5% for the works of tendered
value of Rs. 100 lacs and above.). Such deductions will be made and held by
Government by way of Security Deposit unless he/they has/have deposited the amount
of Security at the rate mentioned above in cash or in the form of Government Securities
or fixed deposit receipts. In case a fixed deposit receipt of any Bank is furnished by the
contractor to the Government as part of the security deposit and the Bank is unable to
make payment against the said fixed deposit receipt, the loss caused thereby shall fall on
the contractor and the contractor shall forthwith on demand furnish additional security to
the Government to make good the deficit.
All compensations or the other sums of money payable by the contractor under the terms of
this contract may be deducted from, or paid by the sale of a sufficient part of his security
deposit or from the interest arising there from, or from any sums which may be due to or may
become due to the contractor by Government on any account whatsoever and in the event of
his Security Deposit being reduced by reason of any such deductions or sale as aforesaid,
the contractor shall within 10 days make good in cash or fixed deposit receipt tendered by
the State Bank of India or by Scheduled Banks or Government Securities (if deposited for
more than 12 months) endorsed in favour of the Engineer-in-Charge, any sum or sums which
may have been deducted from, or raised by sale of his security deposit or any part thereof.
The security deposit shall be collected from the running bills and the final bill of the contractor
at the rates mentioned above.
The security deposit as deducted above can be released against bank guarantee issued by
a scheduled bank, on its accumulations to a minimum of Rs. 5 lacs subject to the
condition that amount of such bank guarantee, except last one, shall not be less than Rs.
5 lacs. Provided further that the validity of bank guarantee including the one given against the
earnest money shall be in conformity with provisions contained in clause 17 which shall be
extended from time to time depending upon extension of contract granted under provisions
of Clause 2 and Clause 5.

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 In case of contracts involving maintenance of building and services/any other work after
construction of same building and services/other work, then 50% of Performance Guarantee
shall be retained as Security Deposit. The same shall be returned year wise proportionately.
Note-1: Government papers tendered as security will be taken at 5% (five per cent) below its
market price or at its face value, whichever is less. The market price of Government paper
would be ascertained by the Divisional Officer at the time of collection of interest and the
amount of interest to the extent of deficiency in value of the Government paper will be
withheld if necessary.
Note-2: Government Securities will include all forms of Securities mentioned in Rule No. 274
of the G.F. Rules except fidelity bond. This will be subject to the observance of the condition
mentioned under the rule against each form of security.
Note-3: Note 1 & 2 above shall be applicable for both Clause 1 and 1A

Clause 2
Compensation for If the contractor fails to maintain the required progress in terms of Clause 5 or to
Delay complete the work and clear the site on or before the contract or justified extended date of
completion as per Clause 5 (excluding any extension under Clause 5.5) as well as any
extension granted under Clauses 12 and 15, he shall, without prejudice to any other right
or remedy available under the law to the Government on account of such breach, pay as
compensation the amount calculated at the rates stipulated below as the authority
specified in Schedule 'F' may decide on the amount of accepted Tendered Value of the
work for every completed day/ month (as determined) that the progress remains below that
specified in Clause 5 or that the work remains incomplete.
(i) Compensation for delay of work with maximum rate @ 1% (one percent) per
month of delay to be computed on per day basis based on quantum of damage suffered
due to stated delay on the part of Contractor.
Provided always that the total amount of compensation for delay to be paid under this condition
shall not exceed 10 % (ten percent) of the accepted Tendered Value of work or of the accepted
Tendered Value of the Sectional part of work as mentioned in Schedule 'F' for which a separate
period of completion is originally given.
In case no compensation has been decided by the authority in Schedule 'F' during the
progress of work, this shall be no waiver of right to levy compensation by the said authority
if the work remains incomplete on final justified extended date of completion. If the Engineer
in Charge decides to give further extension of time allowing performance of work beyond the
justified extended date, the contractor shall be liable to pay compensation for such extended
period. If any variation in amount of contract takes place during such extended period beyond
justified extended date and the contractor becomes entitled to additional time under clause
12, the net period for such variation shall be accounted for while deciding the period for levy
of compensation. However, during such further extended period beyond the justified extended
period, if any delay occurs by events under sub Clause 5.2, the contractor shall be liable
to pay compensation for such delay.

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 Provided that compensation during the progress of work before the justified extended date of
completion for delay under this clause shall be for non-achievement of sectional completion
or part handing over of work on stipulated/justified extended date for such part work or if
delay affects any other works/services. This is without prejudice to right of action by the
Engineer in Charge under clause 3 for delay in performance and claim of compensation
under that clause.
In case action under clause 2 has not been finalized and the work has been determined
under clause 3, the right of action under this clause shall remain post determination of
contract but levy of compensation shall be for days the progress is behind the schedule on
date of determination, as assessed by the authority in Schedule F, after due consideration of
justified extension. The compensation for delay, if not decided before the determination of
contract, shall be decided after of determination of contract.
The amount of compensation may be adjusted or set-off against any sum payable to the
Contractor under this or any other contract with the Government. In case, the contractor
does not achieve a particular milestone mentioned in schedule F, or the re-scheduled
milestone(s) in terms of Clause 5.4, the amount shown against that milestone shall be
withheld, to be adjusted against the compensation levied as above. With-holding of this
amount on failure to achieve a milestone, shall be automatic without any notice to the
contractor. However, if the contractor catches up with the progress of work on the subsequent
milestone(s), the withheld amount shall be released. In case the contractor fails to make up
for the delay in subsequent milestone(s), amount mentioned against each milestone missed
subsequently also shall be withheld. However, no interest, whatsoever, shall be payable on
such withheld amount.

Clause 3
When Contract can be
Determined Subject to other provisions contained in this clause, the Engineer-in-Charge may, without
prejudice to any other rights or remedy against the contractor in respect of any delay, not
following safety norms , inferior workmanship, any claims for damages and/or any other
provisions of this contract or otherwise, and whether the date of completion has or has not
elapsed, by notice in writing absolutely determine the contract in any of the following cases:
(i) If the contractor having been given by the Engineer-in-Charge a notice in writing to
rectify, reconstruct or replace any defective work or that the work is being performed in
an inefficient or otherwise improper or un-workman like manner shall omit to comply
with the requirement of such notice for a period of seven days thereafter.
(ii) If the contractor has, without reasonable cause, suspended the progress of the work
or has failed to proceed with the work with due diligence and continues to do so after
a notice in writing of seven days from the Engineer-in-Charge.
(iii) If the contractor fails to complete the work or section of work with individual date of
completion on or before the stipulated or justified extended date, on or before such
date of completion;and the Engineer-in-Charge without any prejudice to any other

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 right or remedy under any other provision in the contract has given further reasonable
time in a notice given in writing in that behalf as either mutually agreed or in absence
of such mutual agreement by his own assessment making such time essence of
contract and in the opinion of Engineer-in-Charge the contractor will be unable to
complete the same or does not complete the same within the period specified.
(iv) If the contractor persistently neglects to carry out his obligations under the contract
and/ or commits default in complying with any of the terms and conditions of the
contract and does not remedy it or take effective steps to remedy it within 7 days after
a notice in writing is given to him in that behalf by the Engineer-in-Charge.
(v) If the contractor shall offer or give or agree to give to any person in Government service
or to any other person on his behalf any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or forborne to do
any act in relation to the obtaining or execution of this or any other contract for
Government.
(vi) If the contractor shall enter into a contract with Government in connection with which
commission has been paid or agreed to be paid by him or to his knowledge, unless
the particulars of any such commission and the terms of payment thereof have been
previously disclosed in writing to the Engineer-in-Charge.
(vii) If the contractor had secured the contract with Government as a result of wrong tendering
or other non-bonafide methods of competitive tendering or commits breach of Integrity
Agreement.
(viii) If the contractor being an individual, or if a firm, any partner thereof shall at any time be
adjudged insolvent or have a receiving order or order for administration of his estate
made against him or shall take any proceedings for liquidation or composition (other
than a voluntary liquidation for the purpose of amalgamation or reconstruction) under
any Insolvency Act for the time being in force or make any conveyance or assignment
of his effects or composition or arrangement for the benefit of his creditors or purport
so to do, or if any application be made under any Insolvency Act for the time being in
force for the sequestration of his estate or if a trust deed be executed by him for
benefit of his creditors.
(ix) If the contractor being a company shall pass a resolution or the court shall make an
order that the company shall be wound up or if a receiver or a manager on behalf of a
creditor shall be appointed or if circumstances shall arise which entitle the court or
the creditor to appoint a receiver or a manager or which entitle the court to make a
winding up order.
(x) If the contractor shall suffer an execution being levied on his goods and allow it to be
continued for a period of 21 days.
(xi) If the contractor assigns (excluding part(s) of work assigned to other agency(s) by the
contractor as per terms of contract), transfers, sublets (engagement of labour on a
piece-work basis or of labour with materials not to be incorporated in the work, shall
not be deemed to be subletting) or otherwise parts with or attempts to assign, transfer,
sublet or otherwise parts with the entire works or any portion thereof without the prior
written approval of the Engineer -in-Charge. When the contractor has made himself
liable for action under any of the cases aforesaid, the Engineer-in-Charge on behalf of
the Governor of Himachal Pradesh shall have powers:
(a) To determine the contract as aforesaid so far as performance of work by the
Contractor is concerned (of which determination notice in writing to the contractor

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 under the hand of the Engineer-in-Charge shall be conclusive evidence). Upon
such determination, Security Deposit already recovered, Security deposit payable
and Performance Guarantee under the contract shall be liable to be forfeited
and shall be absolutely at the disposal of the Government
(b) After giving notice to the contractor to measure up the work of the contractor
and to take such whole, or the balance or part thereof, as shall be un-executed
out of his hands and to give it to another contractor to complete the work.
The contractor, whose contract is determined as above, shall not be allowed
to participate in the tendering process for the balance work including any
new items needed to complete the work. In the event of above courses being
adopted by the Engineer-in-Charge, the contractor shall have no claim to
compensation for any loss sustained by him by reasons of his having
purchased or procured any materials or entered into any engagements or
made any advances on account or with a view to the execution of the work or
the performance of the contract. And in case action is taken under any of the
provision aforesaid, the contractor shall not be entitled to recover or be paid
any sum for any work thereof or actually performed under this contract unless
and until the Engineer-in-Charge has certified in writing the performance of
such work and the value payable in respect thereof and he shall only be
entitled to be paid the value so certified.

Clause 3 A
In case, the work cannot be started due to reasons not within the control of the contractor
within 1/8th of the stipulated time for completion of work or one month whichever is higher,
either party may close the contract by giving notice to the other party stating the reasons. In
such eventuality, the Performance Guarantee of the contractor shall be refunded within
following time limits :
(i) If the Tendered value of work is up to Rs. 1 Crore : 15 days.
(ii) If the Tendered value of work is more than Rs. 1 Crore and upto : 21 days
Rs.10 Crore
(iii) If the Tendered value of work exceeds Rs. 10 Crore : 30 days
Neither party shall claim any compensation for such eventuality. This clause is not applicable
for any breach of the contract by either party.

Clause 4
Contractor liable to In any case in which any of the powers conferred upon the Engineer-in-Charge by Clause-3
pay compensation thereof, shall have become exercisable and the same are not exercised, the non-exercise
even if action not thereof shall not constitute a waiver of any of the conditions hereof and such powers shall
taken under Clause 3 notwithstanding be exercisable in the event of any future case of default by the contractor
and the liability of the contractor for compensation shall remain unaffected. In the event of
the Engineer-in-Charge putting in force all or any of the powers vested in him under the
preceding clause he may, if he so desires after giving a notice in writing to the contractor,
take possession of (or at the sole discretion of the Engineer-in-Charge which shall be final
and binding on the contractor) use as on hire (the amount of the hire money being also in the
final determination of the Engineer-in-Charge) all or any tools, plant, materials and stores, in
or upon the works, or the site thereof belonging to the contractor, or procured by the contractor
and intended to be used for the execution of the work/or any part thereof, paying or allowing
for the same in account at the contract rates, or, in the case of these not being applicable,

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 at current market rates to be certified by the Engineer-in-Charge, whose certificate thereof
shall be final, and binding on the contractor, clerk of the works, foreman or other authorized
agent to remove such tools, plant, materials, or stores from the premises (within a time to
be specified in such notice) in the event of the contractor failing to comply with any such
requisition, the Engineer-in-Charge may remove them at the contractor's expense or sell
them by auction or private sale on account of the contractor and his risk in all respects and
the certificate of the Engineer-in-Charge as to the expenses of any such removal and the
amount of the proceeds and expenses of any such sale shall be final and conclusive against
the contractor.

Clause 5
Time and Extension The time allowed for execution of the Works as specified in the Schedule 'F' or the extended
for Delay time in accordance with these conditions shall be the essence of the Contract. The execution
of the work shall commence from such time period as mentioned in schedule 'F' or from
the date of handing over of the site, notified by the Engineer-in-Charge, whichever is later.
If the Contractor commits default in commencing the execution of the work as aforesaid,
the performance guarantee shall be forfeited by the Engineer in Charge and shall be
absolutely at the disposal of the Government without prejudice to any other right or remedy
available in law.
5.1 As soon as possible but within 7 (seven) working days of award of work and
in consideration of
(a) Schedule of handing over of site as specified in the Schedule 'F'
(b) Schedule of issue of designs as specified in the Schedule 'F' ,
(i) The Contractor shall submit a Time and Progress Chart for each mile
stone. The Engineer-in-Charge may within 7 (seven) working days thereafter, if
required modify, and communicate the program approved to the contractor failing
which the program submitted by the contractor shall be deemed to be approved
by the Engineer-in-Charge. The work programme shall include all details of
balance drawings and decisions required to complete the contract with specific
dates by which these details are required by contractor without causing any delay
in execution of the work. The Chart shall be prepared in direct relation to the
time stated in the Contract documents for completion of items of the works. It
shall indicate the forecast of the dates of commencement and completion of
various trades of sections of the work and may be amended as necessary by
agreement between the Engineer- in-Charge and the Contractor within the
limitations of time imposed in the Contract documents
(ii) In case of non submission of construction programme by the contractor,
within one month of award of work the program approved by the Engineer-in-
Charge shall be deemed to be final.
(iii) The approval by the Engineer-in-Charge of such programme shall not
relieve the contractor of any of the obligations under the contract.
(iv) The contractor shall submit the Time and Progress Chart and progress
report using the mutually agreed software or in other format decided by
Engineer-in-Charge for the work done during previous month to the Engineer-
in-charge on or before 5th day of each month failing which a recovery as per
Schedule F to be decided by the NIT approving authority shall be made on per
week or part basis in case of delay in submission of the monthly progress
report.

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 5.2 If the work(s) be delayed by:-
(i) force majeure, or
(ii) abnormally bad weather, or
(iii) serious loss or damage by fire, or
(iv) civil commotion, local commotion of workmen, strike or lockout, affecting any of
the trades employed on the work, or
(v) delay on the part of other contractors or tradesmen engaged by Engineer-in-
Charge in executing work not forming part of the Contract, or
(vi) any other cause like above which, in the reasoned opinion of the Engineer-in-
Charge is beyond the Contractor's control.
Then upon the happening of any such event causing delay, the Contractor shall
immediately give notice thereof in writing to the Engineer-in-Charge but shall nevertheless use
constantly his best endeavors to prevent or make good the delay and shall do all that may
be reasonably required to the satisfaction of the Engineer-in-Charge to proceed with the
works.
The contractor shall have no claim of damages for extension of time granted or
rescheduling of milestone/s for events listed in sub Clause 5.2.
5.3 In case the work is hindered by the Department or for any reason / event, for which the
Department is responsible, the authority as indicated in Schedule 'F' shall, if justified, give
a fair and reasonable extension of time and reschedule the mile stones for completion of
work Such extension of time or rescheduling of milestone/s shall be without prejudice to
any other right or remedy of the parties in contract or in law; provided further that for
concurrent delays under this sub clause and sub Clause 5.2 to the extent the delay is
covered under sub Clause 5.2 the contractor shall be entitled to only extension of time and
no damages.
5.4 Request for rescheduling of Mile stones or extension of time, to be eligible for
consideration, shall be made by the Contractor in writing within fourteen days of the
happening of the event causing delay on the prescribed forms i.e. Form of application by
the contractor for seeking rescheduling of milestones or Form of application by the
contractor for seeking extension of time (Appendix -XVI) respectively to the authority
as indicated in Schedule 'F'. The Contractor shall indicate in such a request the period by
which rescheduling of milestone/s or extension of time is desired. With every request for
rescheduling of milestones, or if at any time the actual progress of work falls behind the
approved programme by more than 10% of the stipulated period of completion of
contract, the contractor shall produce a revised programme which shall include all details
of pending drawings and decisions required to complete the contract and also the target
dates by which these details should be available without causing any delay in execution
of the work. A recovery as specified in Schedule 'F' shall be made on per day basis in case
of delay in submission of the revised programme.
5.4.1 In any such case the authority as indicated in Schedule 'F' may give a fair and reasonable
extension of time for completion of work or reschedule the mile stones. Engineer -in-
Charge shall finalize/ reschedule a particular mile stone before taking an action against
subsequent mile stone. Such extension or rescheduling of the milestones shall be
communicated to the Contractor by the authority as indicated in Schedule 'F' in writing,
within 21 days of the date of receipt of such request from the Contractor in prescribed form.
In event of non application by the contractor for extension of time Engineer –in- charge
after

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 affording opportunity to the contractor, may give, supported with a programme (as
specified under Clause5.4 above), a fair and reasonable extension within a reasonable period
of occurrence of the event.
5.5 In case the work is delayed by any reasons, in the opinion of the Engineer-in-Charge, by
the contractor for reasons beyond the events mentioned in Clause 5.2 or Clause 5.3 or
Clause 5.4 and beyond the justified extended date; without prejudice to right to take action
under Clause 3, the Engineer-in-Charge may grant extension of time required for
completion of work without rescheduling of milestones. The contractor shall be liable for
levy of compensation for delay for such extension of time.

Clause 6
Computerized Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by
Measurement Book measurement the value of work done in accordance with the contract.
All measurements of all items having financial value shall be entered by the contractor and
compiled in the shape of the Computerized Measurement Book having pages of A-4 size as
per the format of the department so that a complete record is obtained of all the items of
works performed under the contract.
All such measurements and levels recorded by the contractor or his authorized representative
from time to time, during the progress of the work, shall be got checked by the contractor
from the Engineer-in-Charge or his authorized representative as per interval or program fixed
in consultation with Engineer-in-Charge or his authorized representative. After the necessary
corrections made by the Engineer-in-Charge, the measurement sheets shall be returned to
the contractor for incorporating the corrections and for resubmission to the Engineer-in-
Charge for the dated signatures by the Engineer-in- Charge and the contractor or their
representatives in token of their acceptance.
Whenever bill is due for payment, the contractor would initially submit draft computerized
measurement sheets and these measurements would be got checked/test checked from
the Engineer-in-Charge and/or his authorized representative. The contractor will, thereafter,
incorporate such changes as may be done during these checks/test checks in his draft
computerized measurements, and submit to the department a computerized measurement
book, duly bound, and with its pages machine numbered. The Engineer-in- Charge and/or
his authorized representative would thereafter check this MB, and record the necessary
certificates for their checks/test checks.
The final, fair, computerized measurement book given by the contractor, duly bound, with its
pages machine numbered, should be 100% correct, and no cutting or over-writing in the
measurements would thereafter be allowed. If at all any error is noticed, the contractor shall
have to submit a fresh computerized MB with its pages duly machine numbered and bound,
after getting the earlier MB cancelled by the department. Thereafter, the MB shall be taken
in the Divisional Office records, and allotted a number as per the Register of Computerized
MBs. This should be done before the corresponding bill is submitted to the Division Office for
payment. The contractor shall submit two spare copies of such computerized MB's for the
purpose of reference and record by the various officers of the department.
The contractor shall also submit to the department separately his computerized Abstract of
Cost and the bill based on these measurements, duly bound, and its pages machine
numbered along with two spare copies of the "bill. Thereafter, this bill will be processed by
the Division Office and allotted a number as per the computerized record in the same way as
done for the measurement book meant for measurements.

HPPWD EE Contractor
 The contractor shall, without extra charge, provide all assistance with every appliance, labour
and other things necessary for checking of measurements/levels by the Engineer-in- Charge
or his representative.
Except where any general or detailed description of the work expressly shows to the contrary,
measurements shall be taken in accordance with the procedure set forth in the specifications
notwithstanding any provision in the relevant Standard Method of measurement or any general
or local custom. In the case of items which are not covered by specifications, measurements
shall be taken in accordance with the relevant standard method of measurement issued by
the Bureau of Indian Standards and if for any item no such standard is available then a
mutually agreed method shall be followed.
The contractor shall give not less than seven days' notice to the Engineer-in-Charge or his
authorized representative in charge of the work before covering up or otherwise placing
beyond the reach of checking and/or test checking the measurement of any work in order
that the same may be checked and/or test checked and correct dimensions thereof be
taken before the same is covered up or placed beyond the reach of checking and/or test
checking measurement and shall not cover up and place beyond reach of measurement any
work without consent in writing of the Engineer-in-Charge or his authorized representative in
charge of the work who shall within the aforesaid period of seven days inspect the work, and
if any work shall be covered up or placed beyond the reach of checking and/or test checking
measurements without such notice having been given or the Engineer-in-Charge's consent
being obtained in writing the same shall be uncovered at the Contractor's expense, or in
default thereof no payment or allowance shall be made for such work or the materials with
which the same was executed.
Engineer-in-Charge or his authorized representative may cause either themselves or through
another officer of the department to check the measurements recorded by contractor and all
provisions stipulated herein above shall be applicable to such checking of measurements or
levels.
It is also a term of this contract that checking and/or test checking the measurements of any
item of work in the measurement book and/or its payment in the interim, on account of final
bill shall not be considered as conclusive evidence as to the sufficiency of any work or
material to which it relates nor shall it relieve the contractor from liabilities from any over
measurement or defects noticed till completion of the defects liability period.

Clause 7
Payment on No payment shall be made for work, estimated to cost Rs.2 lacs (Two lacs) or less till
intermediate after he whole of the work shall have been completed and certificate of completion
certificate to be given. For works estimated to cost over Rs.2 lacs (Two lacs) the interim or running
regarded as account bills shall be submitted by the contractor for the work executed on the basis of
Advances such recorded measurements on the format of the Department in triplicate on or before
the date of every month fixed for the same by the Engineer-in-Charge. The contractor shall
not be entitled to be paid any such interim payment if the gross work done together with
net payment/ adjustment of advances for material collected, if any, since the last such
payment is less than the amount specified in Schedule 'F', in which case the interim bill
shall be prepared on the appointed date of the month after the requisite progress is
achieved. The Engineer-in-Charge shall arrange to have the bill verified by taking or
causing to be taken, where necessary, the requisite measurements of the work. In the
event of the failure of the contractor to submit the bills, no claims whatsoever due to delays
on payment including that of interest shall be payable to the contractor. Payment on
account of amount admissible shall be made by the Engineer-in-Charge certifying the sum
to which the contractor is considered entitled by way

HPPWD EE Contractor
 of interim payment at such rates as decided by the Engineer-in-Charge.
All such interim payments shall be regarded as payment by way of advances against final
payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled
work to be rejected, removed, taken away and reconstructed or re-erected. Any certificate
given by the Engineer-in-Charge relating to the work done or materials delivered forming part of
such payment, may be modified or corrected by any subsequent such certificate(s) or by the
final certificate and shall not by itself be conclusive evidence that any work or materials to
which it relates is/are in accordance with the contract and specifications. Any such interim
payment, or any part thereof shall not in any respect conclude, determine or affect in any way
powers of the Engineer-in-Charge under the contract or any of such payments be treated as
final settlement and adjustment of accounts or in any way vary or affect the contract.
Pending consideration of extension of date of completion, interim payments shall continue
to be made as herein provided without prejudice to the right of the department to take action
under the terms of this contract for delay in the completion of work, if the extension of date
of completion is not granted by the competent authority.
The Engineer-in-Charge in his sole discretion on the basis of a certificate from the Assistant
Engineer to the effect that the work has been completed up to the level in question make
interim advance payments without detailed measurements for work done (other than
foundations, items to be covered under finishing items) up to lintel level (including sunshade
etc.) and slab level, for each floor working out at 75% of the assessed value. The advance
payments so allowed shall be adjusted in the subsequent interim bill(s) to be submitted by
the contractor within 10 days of the interim payment. In case of delay in submission of bill
by the contractor a simple interest @ 10% per annum shall be paid to the Government from
the date of expiry of prescribed time limit which will be compounded on yearly basis.
In case of composite tenders, running payment for the major component shall be made by
EE of major discipline to the main contractor. Running payment for minor component shall
be made by the Engineer-in-Charge of the discipline of minor component directly to the
main contractor.
In case main contractor fails to make the payment to the contractor associated by him
within 15 days of receipt of each running account payment, then on the written complaint of
contractor associated for such minor component, Engineer in charge of minor component
shall serve the show cause to the main contractor and if reply of main contractor either not
received or found unsatisfactory, he may make the payment directly to the contractor
associated for minor component as per the terms and conditions of the agreement drawn
between main contractor and associate contractor fixed by him. Such payment made to the
associate contractor shall be recovered by Engineer-in-charge of major or minor component
from the next R/A/ final bill due to main contractor as the case may be.

Payments in Clause 7A
No Running Account Bill shall be paid for the work till the applicable labour licenses,
composite Contracts registration with EPFO, ESIC and BOCW Welfare Board, whatever applicable are submitted
by the contractor to the Engineer-in-Charge.

Clause 8
Within ten days of the completion of the work, the contractor shall give notice of such
Completion completion to the Engineer-in-Charge and within thirty days of the receipt of such notice,
Certificate and the Engineer-in-Charge shall inspect the work and if there is no defect in the work, shall
Completion Plans furnish the contractor with a final certificate of completion, otherwise a provisional certificate of

HPPWD EE Contractor
 physical completion indicating defects (a) to be rectified by the contractor and/or (b) for
which payment will be made at reduced rates, shall be issued but no final certificate of
completion shall be issued, nor shall the work be considered to be complete until the contractor
shall have removed from the premises on which the work shall be executed all scaffolding,
surplus materials, rubbish and all huts and sanitary arrangements required for his/their work
people on the site in connection with the execution of the works as shall have been erected
or constructed by the contractor(s) and cleaned off the dirt from all wood work, doors, windows,
walls, floor or other parts of the building, in, upon, or about which the work is to be executed
or of which he may have had possession for the purpose of the execution; thereof, and not
until the work shall have been measured by the Engineer-in-Charge. If the contractor shall
fail to comply with the requirements of this Clause as to removal of scaffolding, surplus
materials and rubbish and all huts and sanitary arrangements as aforesaid and cleaning off
dirt on or before the date fixed for the completion of work, the Engineer-in-Charge may at the
expense of the contractor remove such scaffolding, surplus materials and rubbish etc., and
dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractor
shall have no claim in respect of scaffolding or surplus materials as aforesaid except for any
sum actually realized by the sale thereof.

Note:- In case the contract value is more than Rs. 100 lacs, the completion shall be to
the satisfaction of the Superintending Engineer concerned and the final inspection
certificate shall be issued as specified & annexed in schedule F

Clause 8 A
Completion Plans to The contractor shall submit completion plans for Internal and External Civil, Electrical and
be Submitted by the Mechanical Services within thirty days of the completion of the work, provided that the
Contractor service plans having been issued for execution by the Engineer-in-Charge, unless the
contractor, by virtue of any other provision in the contract, is required to prepare such plans
In case, the contractor fails to submit the completion plan as aforesaid, he shall be liable to
pay a sum of 0.1 % (zero point one percent) of accepted Tendered Value or limit prescribed
in Schedule F whichever is more as may be fixed by the authority as mentioned in Schedule
F and in this respect the decision of the that authority shall be final and binding on the
contractor.

Clause 9
Payment of Final Bill The final bill shall be submitted by the contractor in the same manner as specified in interim
bills within three months of physical completion of the work or within one month of the date
of the final certificate of completion furnished by the Engineer-in-Charge whichever is earlier.
No further claims shall be made by the contractor after submission of the final bill and these
shall be deemed to have been waived and extinguished. Payments of those items of the bill
in respect of which there is no dispute and of items in dispute, for quantities and rates as
approved by Engineer-in-Charge, will, as far as possible be made within the period specified
here in under, the period being reckoned from the date of receipt of the bill by the Engineer-
in- Charge or his authorized Assistant Engineer, complete with account of materials
issued by the Department and dismantled materials.
(a) If the Tendered value of work is up to 1 Crore : 2 months
(b) If the Tendered value of work is more than Rs 1 Crore and upto : 3 months
Rs. 10 Crore
(c) If the Tendered value of work exceeds Rs. 10 Crore : 6 months

HPPWD EE Contractor
 Clause 9A
Payment of Payments due to the contractor may, if so desired by him, be made to his bank, registered
Contractor's Bills to financial, co-operative or thrift societies or recognized financial institutions instead of direct
Banks to him provided that the contractor furnishes to the Engineer-in-Charge; (1) an authorization
in the form of a legally valid document such as a power of attorney conferring authority on
the bank; registered financial, co-operative or thrift societies or recognized financial institutions
to receive payments and; (2) his own acceptance of the correctness of the amount made
out as being due to him by Government or his signature on the bill or other claim
preferred against Government before settlement by the Engineer-in-Charge of the account
or claim by payment to the bank, registered financial, co-operative or thrift societies or
recognized financial institutions. While the receipt given by such banks; registered financial,
co-operative or thrift societies or recognized financial institutions shall constitute a full
and sufficient discharge for the payment, the contractor shall whenever possible present
his bills duly receipted and discharged through his bank, registered financial, co operative or
thrift societies or recognized financial institutions.
Nothing herein contained shall operate to create in favour of the bank; registered financial,
co-operative or thrift societies or recognized financial institutions any rights or equities vis-a-
vis the Governor of Himachal Pradesh.

Clause 10A
Materials to be The contractor shall, at his own expense, provide all materials, required for the works other
provided by the than those which are stipulated to be supplied by the Government.
Contractor
The contractor shall, at his own expense and without delay; supply to the Engineer-in-
Charge samples of materials to be used on the work and shall get these approved in advance.
All such materials to be provided by the Contractor shall be in conformity with the specifications
laid down or referred to in the contract. The contractor shall, if requested by the Engineer-in-
Charge furnish proof, to the satisfaction of the Engineer-in-Charge that the materials so
comply. The Engineer-in-Charge shall within thirty days of supply of samples or within such
further period as he may require intimate to the Contractor in writing whether samples are
approved by him or not. If samples are not approved, the Contractor shall forthwith arrange to
supply to the Engineer-in-Charge for his approval, fresh samples complying with the
specifications laid down in the contract. When materials are required to be tested in
accordance with specifications, approval of the Engineer-in-Charge shall be issued after the
test results are received.
The Contractor shall at his risk and cost submit the samples of materials to be tested or
analyzed and shall not make use of or incorporate in the work any materials represented by
the samples until the required tests or analysis have been made and materials finally accepted
by the Engineer-in-Charge. The Contractor shall not be eligible for any claim or compensation
either arising out of any delay in the work or due to any corrective measures required to be
taken on account of and as a result of testing of materials.
The contractor shall, at his risk and cost, make all arrangements and shall provide all
facilities as the Engineer-in-Charge may require for collecting, and preparing the required
number of samples for such tests at such time and to such place or places as may be
directed by the Engineer-in-Charge and bear all charges and cost of testing unless specifically
provided for otherwise elsewhere in the contract or specifications. The Engineer -in- Charge
or his authorized representative shall at all times have access to the works and to all
workshops and places where work is being prepared or from where materials, manufactured
articles or machinery are being obtained for the works and the contractor shall afford every
facility and every assistance in obtaining the right to such access.

HPPWD EE Contractor
 The Engineer-in-Charge shall have full powers to require the removal from the premises of all
materials which in his opinion are not in accordance with the specifications and in case of
default, the Engineer-in-Charge shall be at liberty to employ at the expense of the contractor,
other persons to remove the same without being answerable or accountable for any loss or
damage that may happen or arise to such materials. The Engineer-in-Charge shall also have
full powers to require other proper materials to be substituted thereof and in case of default,
the Engineer-in-Charge may cause the same to be supplied and all costs which may attend
such removal and substitution shall be borne by the Contractor.
The contractor shall at his own expense, provide a material testing lab at the site for conducting
routine field tests. The lab shall be equipped at least with the testing equipment as specified
in schedule F. .

Clause 10B
Secured Advance on (i) The contractor, on signing an indenture in the form to be specified by the Engineer-in-
Materials Charge, shall be entitled to be paid during the progress of the execution of the work up
to 75% of the assessed value of any materials or an amount not exceeding 75% of the
material element cost in the tendered rate of the finished item of the work, whichever
is lower ,which are in the opinion of the Engineer-in- Charge non-perishable, non-
fragile and non-combustible and are in accordance with the contract and which have
been brought on the site in connection therewith and are adequately stored and/or
protected against damage by weather or other causes but which have not at the time
of advance been incorporated in the works. When materials on account of which an
advance has been made under this sub-clause are incorporated in the work, the amount
of such advance shall be recovered/deducted from the next payment made under any
of the clause or clauses of this contract.
Such secured advance shall also be payable on other items of perishable nature,
fragile and combustible with the approval of the Engineer-in-Charge provided the
contractor provides a comprehensive insurance cover for the full cost of such materials.
The decision of the Engineer- in-Charge shall be final and binding on the contractor in
this matter. No secured advance, shall however, be paid on high-risk materials such
as ordinary glass, sand, petrol, diesel etc.
Mobilization (ii) Mobilization advance not exceeding 10% of the tendered value may be given, (This
advance condition is applicable for the tenders having tendered amount of Rs. 100 Lacs ( One Hundred
Lacs) and above for the original / new construction works of road , building, & bridges. ) if
requested by the contractor in writing within one month of the order to commence the
work. Such advance shall be in two or more installments to be determined by the
Engineer-in- Charge at his sole discretion. The first installment of such advance shall
be released by the Engineer-in-charge to the contractor on a request made by the
contractor to the Engineer-in-Charge in this behalf. The second and subsequent
installments shall be released by the Engineer-in- Charge only after the contractor
furnishes a proof of the satisfactory utilization of the earlier installment to the entire
satisfaction of the Engineer-in-Charge.
Before any installment of advance is released, the contractor shall execute a Bank
Guarantee Bonds not more than 6 in number from Scheduled Bank for the amount
equal to 110% of the amount of advance and valid for the period till recovery of advance.
This (Bank Guarantee from Scheduled Bank for the amount equal to 110% of the
balance amount of advance) shall be kept renewed from time to time to cover the
balance amount and likely period of complete recovery.
Interest & Recovery (iii) The mobilization advance in (ii) above bear simple interest at the rate of 10 percent per
annum and shall be calculated from the date of payment to the date of recovery, both

HPPWD EE Contractor
 days inclusive, on the outstanding amount of advance. Recovery of such sums advanced
shall be made by the deduction from the contractors bills commencing after first ten
percent of the gross value of the work is executed and paid, on pro-rata percentage
basis to the gross value of the work billed beyond 10% in such a way that the entire
advance is recovered by the time eighty percent of the gross value of the contract is
executed and paid, together with interest due on the entire outstanding amount up to
the date of recovery of the installment.
(iv) If the circumstances are considered reasonable by the Engineer-in-Charge, the period
mentioned in (ii) and (iii) for request by the contractor in writing for grant of mobilization
advance may be extended at the discretion of the Engineer-in-Charge.
Clause 10C
Payment on Account If after submission of tender, if the price of any material incorporated in the work (excluding
of Increase in Prices/ the material covered under Clause 10 CA and/ or wages of labour increases as a direct
Wages due to result of the coming into force of any fresh law or statutory rule or order (but not due to any
Statutory variation of rate in GST applicable on such material(s) being considered under this
Order(s) clause) beyond the prices/wages prevailing at the time of the last stipulated date of receipt of
tenders including extensions, if any, for the work during contract period including the
justified period extended under the provisions of Clause 5 of the contract without any
action under Clause 2, then the amount of the contract shall accordingly be varied.
If after submission of the tender, the price of any material incorporated in the works (excluding
the materials covered under Clause 10CA and/or wages of labour as prevailing at the time of
last stipulated date of receipt of tender including extensions, if any, is decreased as a direct
result of the coming into force of any fresh law or statutory rules or order (but not due to any
variation of rate in GST applicable on such material (s) being considered under this clause),
Government shall in respect of materials incorporated in the works (excluding the materials
covered under Clause 10CA and/or labour engaged on the execution of the work after the
date of coming into force of such law, statutory rule or order be entitled to deduct from the
dues of the contractor, such amount as shall be equivalent to the difference between the
prices of the materials and/or wages as prevailed at the time of the last stipulated date for
receipt of tenders including extensions if any for the work and the prices of materials and/or
wages of labour on the coming into force of such law, statutory rule or order. This will be
applicable for the contract period including the justified period extended under the provisions
of Clause 5 of the contract without any action under Clause 2.
Engineer-in-Charge shall call books of account and other relevant documents from the
contractor to satisfy himself about reasonability of increase in prices of materials and wages.
The contractor shall, within a reasonable time of his becoming aware of any alteration in the
price of any such materials 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
relating thereto which he may be in position to supply.
For this purpose, the labour component of 85% of the value of the work executed during
period under consideration shall not exceed the percentage as specified in Schedule F,
and the increase/decrease in labour shall be considered on the minimum daily wages in
rupees of any unskilled Mazdoor, fixed under any law statutory role and order. The cost of
work for which escalation is applicable (W) is same as cost of work done worked out as
indicated in sub-para (ii) of Clause 10 CC except the amount of full assessed value of
secured Advance.

HPPWD EE Contractor
 Clause 10CA
Payment due to If after submission of the tender, the price of materials specified in Schedule F increases/
variation in prices of decreases beyond the base price(s) as indicated in Schedule F for the work, then the amount
materials after of the contract shall accordingly be varied and provided further that any such variations shall
receipt of tender be effected for stipulated period of Contract including the justified period extended under the
provisions of Clause 5 of the Contract without any action under Clause 2.
However for work done/during the justified period extended as above, it will be limited to
indices prevailing at the time of updated stipulated date of completion considering the effect
of extra work (extra time to be calculated on pro-rata basis only as cost of extra work x
stipulated period/tendered cost).If updated stipulated date of completion as calculated on
pro- rata basis does not cover full calendar month then indices will be considered or restricted
to previous month.
The increase/decrease in prices of cement, steel reinforcement, structural steel and POL
shall be determined by the Price indices issued by the Engineer –in -Chief, HP.PWD. For
other items provided in the Schedule 'F', this shall be determined by the All India Wholesale
Price Indices of materials as published by Economic Advisor to Government of India,
Ministry of Commerce and Industry. Base price for cement, steel reinforcement,
structural steel and POL shall be as issued under the authority of Engineer –in -Chief
HP.PWD as applicable for depots/yards of PSU’s or authorized dealers nearest to the
concerned Division head quarter in which the work is to be executed and for other
places as issued under the authority of Zonal Chief Engineer, HP.PWD and base price of other
materials issued by concerned Zonal Chief Engineer and as indicated in Schedule 'F'. In
case, price index of a particular material is not issued by Ministry of Commerce and
Industry, then the price index of nearest similar material as indicated in Schedule 'F' shall
be followed.
The amount of the contract shall accordingly be varied for all such materials and will be
worked out as per the formula given below for individual material:-
Adjustment for component of individual material
CI – CIO
V= P X Q X
CIO
where,
V= Variation in material cost i.e. increase or decrease in the amount of rupees to
be paid or recovered.
P = Base Price of material as issued under authority of Engineer-in-Chief, HP.PWD
or concerned Zonal Chief Engineer and as indicated in Schedule "F". For
Projects and Original Works
Q = Quantity of material brought at site for bonafide use in the works since
previous bill excluding any such quantity consumed in the deviated quantity of
items beyond deviation limit and extra /substituted item, paid/to be paid at rates
derived on the basis of market rate under clause 12.2.
CIo = Price index for cement, steel reinforcement bars structural steel and POL as
issued by the Engineer-in-Chief, HP.PWD and corresponding to the time of
base price of respective material indicated in Schedule 'F'. For other items, if
any, provided in Schedule 'F', All India Wholesale Price Index for the material
as published by the Economic Advisor to Government of India, Ministry of
Industry and Commerce and corresponding to the time of base price of
respective material indicated in Schedule 'F'.

HPPWD EE Contractor
 CI = Price index for cement, steel reinforcement bars, structural steel and POL as
issued under the authority of Engineer-in-Chief, HP.PWD for period under
consideration. For other items, if any, provided in Schedule 'F', All India
Wholesale Price Index for the material for period under consideration as
published by Economic Advisor to Government of India, Ministry of Industry and
Commerce.
Note: (i) In respect of the justified period extended under the provisions of clause 5 of the
contract without any action under clause 2, the index prevailing at the time of
updated stipulated date of completion considering the effect of extra work (extra
time to be calculated on pro-rata basis only as cost of extra work x stipulated
period/ tendered cost) shall be considered.
Provided always that provisions of the preceding Clause 10 C shall not be
applicable in respect of Materials covered in this Clause. If updated stipulated
date of completion as calculated on pro- rata basis does not cover full calendar
month then indices will be considered or restricted to previous month.
(ii) If during progress of work or at the time of completion of work, it is noticed that
any material brought at site is in excess of requirement, then amount of escalation
if paid earlier on such excess quantity of material shall be recovered on the
basis of cost indices as applied at the time of payment of escalation or as
prevailing at the time of effecting recovery, whichever is higher.
(iii) Cement mentioned wherever in this clause also includes Cement component
used in RMC brought at site from outside approved RMC plants, if any.
(iv) The date wise record of ready mix concrete shall be kept in a register and the
cement consumption for the same shall be calculated accordingly.
(v) If built-up steel items are brought at site from workshop, then the variation shall
be paid for the structural steel up to the period when the built up item/finished
product is brought at site.

Clause 10CC
Payment due to If the prices of materials (not being materials supplied or services rendered at fixed prices by
Increase / Decrease the department in accordance with clause 10 & 34 thereof) and/or wages of labour required
in Prices/ Wages for execution of the work increase, the contractor shall be compensated for such increase
(excluding materials as per provisions detailed below and the amount of the contract shall accordingly be varied,
covered under subject to the condition that such compensation for escalation in prices and wages shall be
clause 10 CA) after available only for the work done during the stipulated period of the contract including the
Receipt of Tender for justified period extended under the provisions of clause 5 of the contract without any action
Works under clause 2. No such compensation shall be payable for a work for which the stipulated
period of completion is equal to or less than the time as specified in Schedule F. Such
compensation for escalation in the prices of materials and labour, when due, shall be worked
out based on the following provisions:-
(i) The base date for working out such escalation shall be the last stipulated date of
receipt of tenders including extension, if any.
(ii) The cost of work on which escalation will be payable shall be reckoned as below :
(a) Gross value of work done up to this quarter : (A)
(b) Gross value of work done up to the last quarter : (B)
(c) Gross value of work done since previous quarter (A-B) (C)

HPPWD EE Contractor
 (d) Full assessed value of Secured Advance (excluding materials
Covered under Clause 10 CA) fresh paid in this quarter : (D)
(e) Full assessed value of Secured Advance (excluding materials
Covered under Clause 10 CA) recovered in this quarter : (E)
(f) Full assessed value of Secured Advance for which escalation
Payable in this quarter (D-E): (F)
(g) Advance payment made during this quarter: (G)
(h) Advance payment recovered during this quarter: (H)
(i) Advance payment for which escalation is payable in this Quarter(G-H): (I)
(j) Extra items/deviated quantities of items paid as per Clause 12
Based on prevailing market rates during this quarter: (J)
Then, M = C+F+I-J
N = 0.85 M
Cost of work for which escalation is applicable:
W=N
(iii) Components for materials (except cement, reinforcement bars, structural steel, POL
or other materials covered under clause 10 CA) labour, etc. shall be pre-determined for
every work and incorporated in the conditions of contract attached to the tender papers
included in Schedule 'F'. The decision of the Engineer-in-Charge in working out such
percentage shall be binding on the contractors.
(iv) The compensation for escalation for other materials (excluding cement, reinforcement
bars, structural steel, POL or other materials covered under clause 10 CA) shall be
worked as per the formula given below:-
Adjustment for civil component (except cement, structural steel, reinforcement bars,
POL and other materials covered under clause 10CA) / electrical component of
construction 'Materials'
Xm MI-MIO
Vm = W x x
100 MIO
Vm = Variation in material cost i.e. increase or decrease in the amount in rupees
to be paid or recovered.
W= Cost of Work done worked out as indicated in sub-para (ii) of Clause 10CC.
Xm = Component of 'materials' (except cement, structural steel, reinforcement
bars POL and other materials covered under clause10CA) expressed as
percent of the total value of work.
Ml = All India Wholesale Price Index for civil component/electrical component*
of construction material as worked out on the basis of All India Wholesale
Price Index for Individual Commodities/ Group Items for the period under
consideration as published by Economic Advisor to Govt. of India, Ministry
of Industry & Commerce and applying weightages to the Individual
Commodities/Group Items. (In respect of the justified period extended
under the provisions of clause 5 of the contract without any action under
clause 2, the index prevailing at the time of updated stipulated date of
completion considering the effect of extra work (extra time to be calculated
on prorata basis only as cost of extra

HPPWD EE Contractor
 work x stipulated period/tendered cost, shall be considered.) If updated
stipulated date of completion as calculated on pro- rata basis does not cover
full calendar month then indices will be considered or restricted to previous
month.
Mlo = All India Wholesale Price Index for civil component/electrical component*
of construction material as worked out on the basis of All India Wholesale
Price Index for Individual Commodities/Group Items valid on the last
stipulated date of receipt of tender including extension, if any, as
published by the Economic Advisor to Govt. of India, Ministry of Industry
& Commerce and applying weightages to the Individual
Commodities/Group items.
*Note: relevant component only will be applicable.
(v) The following principles shall be followed while working out the indices mentioned in
para (iv) above.
(a) The compensation for escalation shall be worked out at quarterly intervals and
shall be with respect to the cost of work done as per bills paid during the three
calendar months of the said quarter. The dates of preparation of bills as finally
entered in the Measurement Book by the Assistant Engineer/ date of submission
of bill finally by the contractor to the department in case of computerized
measurement books shall be the guiding factor to decide the bills relevant to the
quarterly interval. The first such payment shall be made at the end of three
months after the month (excluding the month in which tender was accepted)
and thereafter at three months' interval. At the time of completion of the work,
the last period for payment might become less than 3 months, depending on the
actual date of completion.
(b) The index (MI/FI etc.) relevant to any quarter/period for which such compensation
is paid shall be the arithmetical average of the indices relevant to the three
calendar months. If the period up to date of completion after the quarter covered
by the last such installment of payment, is less than three months, the index Ml
and Fl shall be the average of the indices for the months falling within that
period.

(vi) The compensation for escalation for labour shall be worked out as per the formula
given below:-

Y LI-LI0
VL= W x x
100 LI0

VL : Variation in labour cost i.e. amount of increase or decrease in rupees to

be paid or recovered.
W: Value of work done, worked out as indicated in sub-para (ii) above
Y : Component of labour expressed as a percentage of the total value of the
work.
LI : Minimum wage in rupees of an unskilled adult male mazdoor, fixed under
any law, statutory rule or order as applicable on the last date of the quarter
previous to the one under consideration. (In respect of the justified period

HPPWD EE Contractor
 extended under the provisions of clause 5 of the contract without any action
under clause 2, the minimum wage prevailing on the last date of quarter
previous to the quarter pertaining to updated stipulated date of Completion
considering the effect of extra work (extra time to be calculated on prorata
basis only as cost of extra work x stipulated period/tendered cost, shall be
considered.) If updated stipulated date of completion as calculated on pro-
rata basis does not cover full calendar month then indices will be considered
or restricted to previous month.
LlO : Minimum daily wage in rupees of an unskilled adult male mazdoor, fixed
under any law, statutory rule or order as on the last stipulated date of receipt
of tender including extension, if any.
(vii) The following principles will be followed while working out the compensation as per
sub para (vi) above.
(a) The minimum wage of an unskilled Mazdoor mentioned in sub-para (vi) above
shall be the higher of the wage notified by Government of India, Ministry of
Labour and that notified by the local administration both relevant to the place of
work and the period of reckoning.
(b) The escalation for labour also shall be paid at the same quarterly intervals when
escalation due to increase in cost of materials is paid under this clause. If such
revision of minimum wages takes place during any such quarterly intervals, the
escalation compensation shall be payable at revised rates only for work done in
subsequent quarters;
(c) Irrespective of variations in minimum wages of any category of labour, for the
purpose of this clause, the variation in the rate for an unskilled Mazdoor alone
shall form the basis for working out the escalation compensation payable on the
labour component.
(viii) In the event the price of materials and/or wages of labour required for execution of
the work decrease/s, there shall be a downward adjustment of the cost of work so
that such price of materials and/or wages of labour shall be deductible from the
cost of work under this contract and in this regard the formula herein before stated
under this Clause 10CC shall mutatis mutandis apply, provided that:
(a) no such adjustment for the decrease in the price of materials and/or wages of
labour aforementioned would be made in case of contracts in which the stipulated
period of completion of the work is equal to or less than the time as specified in
Schedule 'F'.
(b) the Engineer-in-Charge shall otherwise be entitled to lay down the procedure by
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
on the contractor.
(ix) Provided always that:-
(a) Where provisions of clause 10CC are applicable, provisions of clause 10C will
not be applicable but provisions of clause 10CA will be applicable.
(b) Where provisions of clause 10CC are not applicable, provisions of clause 10C
and 10CA will become applicable.
Note: Updated stipulated date of completion (period of completion plus extra time for
extra work) for compensation under clause 10C, 10CA and 10 CC

HPPWD EE Contractor
 The factor of 1.25 taken into account for calculating the extra time under clause 12.1
for extra time shall not be considered while calculating the updated stipulated date of
completion for this purpose in clause 10C, clause 10CA, and clause 10CC.

Clause 10 D
Dismantled Material The contractor shall treat all materials obtained during dismantling of a structure, excavation
Govt. Property of the site for a work, etc. as Government's property and such materials shall be disposed
off to the best advantage of Government according to the instructions in writing issued by
the Engineer-in-Charge

Work to be Executed
Clause 11
The contractor shall execute the whole and every part of the work in the most substantial
in Accordance with
and workmanlike manner both as regards materials and otherwise in every respect in strict
Specifications,
accordance with the specifications. The contractor shall also conform exactly, fully and
Drawings, Orders
faithfully to the design, drawings and instructions in writing in respect of the work signed by
etc.
the Engineer-in-Charge and the contractor shall be furnished free of charge one copy of the
contract documents together with specifications, designs, drawings and instructions as are
not included in the standard specifications of Himachal Pradesh Public Works Department
specified in Schedule 'F' or in any Bureau of Indian Standard or any other, published
standard or code or, Schedule of Rates or any other printed publication referred to
elsewhere in the contract.
The contractor shall comply with the provisions of the contract and with the care and diligence
execute and maintain the works and provide all labour and materials, tools and plants including
for measurements and supervision of all works, structural plans and other things of temporary
or permanent nature required for such execution and maintenance in so far as the necessity
for providing these, is specified or is reasonably inferred from the contract. The Contractor
shall take full responsibility for adequacy, suitability and safety of all the works and methods
of construction.

Clause 12
Deviations/ The Engineer-in-Charge shall have power (i) to make alteration in, omissions from, additions
Variations Extent to, or substitutions for the original specifications, drawings, designs and instructions that
and Pricing may appear to him to be necessary or advisable during the progress of the work, and (ii) to
omit a part of the works in case of non-availability of a portion of the site or for any other
reasons and the contractor shall be bound to carry out the works in accordance with any
instructions given to him in writing signed by the Engineer-in-Charge and such alterations,
omissions, additions or substitutions shall form part of the contract as if originally provided
therein and any altered, additional or substituted work which the contractor may be directed
to do in the manner specified above as part of the works, shall be carried out by the contractor
on the same conditions in all respects including price on which he agreed to do the main
work except as hereafter provided.
12.1 The time for completion of the works shall, in the event of any deviations resulting in
additional cost over the tendered value sum being ordered, be extended, if requested by the
contractor, as follows :
(i) In the proportion which the additional cost of the altered, additional or
substituted work, bears to the original tendered value plus
(ii) 25% of the time calculated in (i) above or such further additional time as may
be considered reasonable by the Engineer-in-Charge.

HPPWD EE Contractor
 12.2 In the case of extra item(s) (items that are completely new, and are in addition to the
items contained in the contract), the contractor may within fifteen days of receipt of
Deviation, Extra order or occurrence of the item(s) submit market rate claim rates, supported by
Items and Pricing proper analysis which shall include invoices, vouchers etc. and Manufacturer's
specification for the work failing which the rate approved later by the Engineer- in-
charge shall be binding and the Engineer-in-Charge shall within prescribed time limit
of the receipt of the claims supported by analysis , after giving consideration to the
analysis of the rates submitted by the contractor, determine the rates on the basis
of the market rates and the contractor shall be paid in accordance with the rates so
determined, failing which it will be deemed to have been approved.
In the case of substituted items (items that are taken up with partial substitution or
in lieu of items of work in the contract), the rate for the agreement item (to be
substituted) and substituted item shall also be determined in the manner as mentioned
in the following para.
(a) If the market rate for the substituted item so determined is more than the
market rate of the agreement item (to be substituted), the rate payable to the
contractor for the substituted item shall be the rate for the agreement item (to
be substituted) so increased to the extent of the difference between the market
rates of substituted item and the agreement item (to be substituted).
(b) If the market rate for the substituted item so determined is less than the
market rate of the agreement item (to be substituted), the rate payable to the
contractor for the substituted item shall be the rate for the agreement item (to
be substituted) so decreased to the extent of the difference between the market
rates of substituted item and the agreement item (to be substituted).

In the case of contract items, substituted items, contract cum substituted items,
which exceed the limits laid down in schedule F, the contractor may within fifteen
Deviation, deviated days of receipt of order or occurrence of the excess, claim revision of the rates,
Quantities, Pricing supported by proper analysis for the work in excess of the above mentioned limits,
provided that if the rates so claimed are in excess of the rates specified in the
schedule of quantities, the Engineer-in-Charge shall within prescribed time limit of
receipt of the claims supported by analysis, after giving consideration to the analysis
of the rates submitted by the contractor, determine the rates on the basis of the
market rates (as per invoice, vouchers from the manufacturers or suppliers submitted
by the agency and duly verified by Engineer in Charge or his representative) and
the contractor shall be paid in accordance with the rates so determined.
The prescribed time limit for finalizing rates for Extra Item(s), Substitute Item(s) and
Deviated Quantities of contract items is within 45 days after submission of proposal
by the contractor without observation of the Engineer-in-Charge.

12.3 The provisions of the preceding paragraph shall also apply to the decrease in the rates
of items for the work in excess of the limits laid down in Schedule F, and the Engineer-
in-Charge shall after giving notice to the contractor within one month of occurrence of
the excess and after taking into consideration any reply received from him within fifteen
days of the receipt of the notice, revise the rates for the work in question within one
month of the expiry of the said period of fifteen days having regard to the market rates.

HPPWD EE Contractor
 For the purpose of operation of Schedule "F", the following works shall be treated as
works relating to foundation unless & otherwise defined in the contract:
(i) For Buildings : All works up to 1.2 metres above ground level or up to floor 1
level whichever is lower.
(ii) For abutments, piers and well staining : All works up to 1.2 m above the bed
level.
(iii) For retaining walls, wing walls, compound walls, chimneys, over head reservoirs/
tanks and other elevated structures : All works up to 1.2 metres above the
ground level.
(iv) For reservoirs/tanks (other than overhead reservoirs/tanks) : All works up to 1.2
metres above the ground level.
(v) For basement: All works up to 1.2 m above ground level or up to floor 1 level
whichever is lower.
(vi) For Roads, all items of excavation and filling including treatment of sub base.

Any operation incidental to or necessarily has to be in contemplation of tenderer while

quoting tender, or necessary for proper execution of the item included in the Schedule
of quantities or in the schedule of rates mentioned above, whether or not, specifically
indicated in the description of the item and the relevant specifications, shall be deemed
to be included in the rates quoted by the tenderer or the rate given in the said schedule
of rates, as the case may be. Nothing extra shall be admissible for such operations.

Clause 13
Foreclosure of If at any time after acceptance of the tender or during the progress of work, the purpose or
contract due to object for which the work is being done changes due to any supervening cause and as a
Abandonment or result of which the work has to be abandoned or reduced in scope the Engineer-in-Charge
Reduction in Scope shall give notice in writing to that effect to the contractor stating the decision as well as the
of Work cause for such decision and the contractor shall act accordingly in the matter. The contractor
shall have no claim to any payment of compensation or otherwise whatsoever, on account of
any profit or advantage which he might have derived from the execution of the works in full
but which he did not derive in consequence of the foreclosure of the whole or part of the
works.
The contractor shall be paid at contract rates, full amount for works executed at site and, in
addition, a reasonable amount as certified by the Engineer-in-Charge for the items hereunder
mentioned which could not be utilized on the work to the full extent in view of the foreclosure;
(i) Any expenditure incurred on preliminary site work, e.g. temporary access roads,
temporary labour huts, staff quarters and site office; storage accommodation and
water storage tanks.
(ii) Government shall have the option to take over contractor's materials or any part thereof
either brought to site or of which the contractor is legally bound to accept delivery
from suppliers (for incorporation in or incidental to the work) provided, however
Government shall be bound to take over the materials or such portions thereof as the
contractor does not desire to retain. For materials taken over or to be taken over by
Government, cost of such materials as detailed by Engineer-in- Charge shall be paid.
The cost shall, however, take into account purchase price, cost of transportation and
deterioration or damage which may have been caused to materials whilst in the custody
of the contractor.

HPPWD EE Contractor
 (iii) Reasonable compensation for transfer of T & P from site to contractor's permanent
stores or to his other works, whichever is less. If T & P are not transported to either of
the said places, no cost of transportation shall be payable.
(iv) Reasonable compensation for repatriation of contractor's site staff and imported labour
to the extent necessary.
The contractor shall, if required by the Engineer- in-Charge, furnish to him, books of account,
wage books, time sheets and other relevant documents and evidence as may be necessary
to enable him to certify the reasonable amount payable under this condition.
The reasonable amount of items on (i), (iii) and (iv) above shall not be in excess of 2% of the
cost of the work remaining incomplete on the date of closure, i.e. total stipulated cost of the
work as per accepted tender less the cost of work actually executed under the contract and
less the cost of contractor's materials at site taken over by the Government as per item (ii)
above. Provided always that against any payments due to the contractor on this account or
otherwise, the Engineer-in-Charge shall be entitled to recover or be credited with any
outstanding balances due from the contractor for advance paid in respect of any tool, plants
and materials and any other sums which at the date of termination were recoverable by the
Government from the contractor under the terms of the contract.
In the event of action being taken under Clause 13 to reduce the scope of work, the contractor
may furnish fresh Performance Guarantee on the same conditions, in the same manner and
at the same rate for the balance tendered amount and initially valid up to the extended date
of completion or stipulated date of completion if no extension has been granted plus minimum
60 days beyond that. Wherever such a fresh Performance Guarantee is furnished by the
contractor the Engineer-in-Charge may return the previous Performance Guarantee.

Clause 14
Carrying out part If contractor:
work at risk & cost of
Contractor (i) At any time makes default during currency of work or does not execute any part of the
work with due diligence and continues to do so even after a notice in writing of 7
working days in this respect from the Engineer-in-Charge; or
(ii) Commits default in complying with any of the terms and conditions of the contract and
does not remedy it or takes effective steps to remedy it within 7 working days even
after a notice in writing is given in that behalf by the Engineer-in-Charge; or
Fails to complete the work(s) or items of work with individual dates of completion, on
or before the date(s) so determined, and does not complete them within the period
specified in the notice given in writing in that behalf by the Engineer-in-Charge.
(iii) The Engineer- in-Charge without invoking action under clause 3 may, without prejudice
to any other right or remedy against the contractor which have either accrued or
accrue thereafter to Government, by a notice in writing to take the part work / part
incomplete work of any item(s) out of his hands and shall have powers to :
(a) Take possession of the site and any materials, constructional plant, implements,
stores, etc., thereon; and/or
(b) Carry out the part work / part incomplete work of any item(s) by any means at
the risk and cost of the contractor.
The Engineer-in-Charge shall determine the amount, if any, is recoverable from the contractor
for completion of the part work/ part incomplete work of any item(s) taken out of his hands
and execute at the risk and cost of the contractor, the liability of contractor on account of

HPPWD EE Contractor
 loss or damage suffered by Government because of action under this clause shall not exceed
10% of the tendered value of the work.
In determining the amount, credit shall be given to the contractor with the value of work done
in all respect in the same manner and at the same rate as if it had been carried out by the
original contractor under the terms of his contract, the value of contractor's materials taken
over and incorporated in the work and use of plant and machinery belonging to the contractor.
The certificate of the Engineer-in-Charge as to the value of work done shall be final and
conclusive against the contractor provided always that action under this clause shall only be
taken after giving notice in writing to the contractor. Provided also that if the expenses
incurred by the department are less than the amount payable to the contractor at his
agreement rates, the difference shall not be payable to the contractor.
Any excess expenditure incurred or to be incurred by Government in completing the part
work/ part incomplete work of any item(s) or the excess loss of damages suffered or may be
suffered by Government as aforesaid after allowing such credit shall without prejudice to any
other right or remedy available to Government in law or per as agreement be recovered from
any money due to the contractor on any account, and if such money is insufficient, the
contractor shall be called upon in writing and shall be liable to pay the same within 30 days.
If the contractor fails to pay the required sum within the aforesaid period of 30 days, the
Engineer-in-Charge shall have the right to sell any or all of the contractors' unused materials,
constructional plant, implements, temporary building at site etc. and adjust the proceeds of
sale thereof towards the dues recoverable from the contractor under the contract and if
thereafter there remains any balance outstanding, it shall be recovered in accordance with
the provisions of the contract.
In the event of above course being adopted by the Engineer-in-Charge, the contractor shall
have no claim to compensation for any loss sustained by him by reason of his having
purchased or procured any materials or entered into any engagements or made any advance
on any account or with a view to the execution of the work or the performance of the contract.

14- A Insurance
14.1 The Contractor at his cost shall provide insurance cover from the Start Date to
the date of completion, in the amounts and deductibles stated in the GCC for the
following events, which are due to the Contractor's risks:

(a) loss of or damage to the Works, Plant and Materials;

(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with the Contract; and
(d) Personal injury or death.

14.2 Insurance policies and certificates for insurance shall be delivered by the
Contractor to the Engineer-in Charge for approval before the Start Date. All such
insurance shall provide for compensation to be payable in Indian Rupees to rectify the
loss or damage incurred.
14.3 (a) The Contractor at his cost shall also provide insurance cover from the date of
completion to the end of Defects Liability Period, in the amounts and deductibles stated
in the GCC for personal injury or death which are due to the Contractor's risks:
14.3 (b) Insurance policies and certificates for insurance shall be delivered by the
Contractor to the Engineer-in Charge for approval before the completion date/start date.
All such insurance shall provide for compensation to be payable in Indian Rupees.

14.4 Alterations to the terms of insurance shall not be made without the approval of
the Engineer-in Charge.

14.5 Both parties shall comply with any conditions of the insurance policies
HPPWD EE Contractor
Suspension of Work Clause 15
(i) The contractor shall, on receipt of the order in writing of the Engineer-in-Charge, (whose
decision shall be final and binding on the contractor) suspend the progress of the works
or any part thereof for such time and in such manner as the Engineer-in-Charge may
consider necessary so as not to cause any damage or injury to the work already done or
endanger the safety thereof for any of the following reasons:
(a) on account of any default on the part of the contractor or;
(b) for proper execution of the works or part thereof for reasons other than the default of the
contractor; or
(c) for safety of the works or part thereof.
The contractor shall, during such suspension, properly protect and secure the works to
the extent necessary and carry out the instructions given in that behalf by the Engineer
in- Charge.
(ii) If the suspension is ordered for reasons (b) and (c) in sub-para (i) above:
(a) the contractor shall be entitled to an extension of time equal to the period of every such
suspension PLUS 25%, for completion of the item or group of items of work for which a
separate period of completion is specified in the contract and of which the suspended
work forms a part.

Clause 16
Action in
case Work not
done as per
Specifications
All works under or in course of execution or executed in pursuance of the contract, shall at all
times be open and accessible to the inspection and supervision of the Engineer-in - charge,
his authorized subordinates in charge of the work and all the superior officers, officer of the
Quality Assurance Unit of the Department or any organization engaged by the Department
for Quality Assurance and of the Engineer in-Chief, (Project) and the contractor shall, at all
times, during the usual working hours and at all other times at which reasonable notice of the
visit of such officers has been given to the contractor, either himself be present to receive
orders and instructions or have a responsible agent duly accredited in writing, present for that
purpose. Orders given to the Contractor's agent shall be considered to have the same force
as if they had been given to the contractor himself.
If it shall appear to the Engineer-in-charge or his authorized subordinates in charge of the
work or to the Chief Engineer in charge of Quality Assurance or his subordinate officers or
the officers of the organization engaged by the Department for Quality Assurance or to the
Engineer in-Chief, (Project) or his subordinate officers, that any work has been executed with
unsound, imperfect, or unskillful workmanship, or with materials or articles provided by him for
the execution of the work which are unsound or of a quality inferior to that contracted or
otherwise not in accordance with the contract, the contractor shall, on demand in writing
which shall be made within twelve months (six months in the case of work costing Rs. 10
Lac and below except road work) of the completion of the work from the Engineer-in-Charge
specifying the work, materials or articles complained of notwithstanding that the same may
have been passed, certified and paid for forthwith rectify, or remove and reconstruct the work so
specified in whole or in part, as the case may require or as the case may be, remove the
materials or articles so specified and provide other proper and suitable materials or articles at
his own charge and cost. In the event of the failing to do so within a period specified by the
Engineer-in- Charge in his demand aforesaid, then the contractor shall be liable to pay
compensation at the same rate as under clause 2 of the contract (for non-completion of the
HPPWD EE Contractor
 work in time) for this default.
In such case the Engineer-in-Charge may not accept the item of work at the rates applicable
under the contract but may accept such items at reduced rates as the authority specified in
schedule 'F' may consider reasonable during the preparation of on account bills or final bill if
the item is so acceptable without detriment to the safety and utility of the item and the
structure or he may reject the work outright without any payment and/or get it and other
connected and incidental items rectified, or removed and re-executed at the risk and cost of
the contractor. Decision of the Engineer-in-Charge to be conveyed in writing in respect of the
same will be final and binding on the contractor.

Contractor Liable for Clause 17.

Damages, defects during
If the contractor or his working people or servants shall break, deface, injure or destroy any
defect liability Period
part of building in which they may be working, or any building, road, road kerb, fence,
enclosure, water pipe, cables, drains, electric or telephone post or wires, trees, grass or
grassland, or cultivated ground contiguous to the premises on which the work or any part is
being executed, or if any damage shall happen to the work while in progress, from any
cause whatever or if any defect, shrinkage or other faults appear in the work within twelve
months (six months in the case of work costing Rs. Ten lacs and below except road work)
after a certificate final or otherwise of its completion shall have been given by the Engineer in-
Charge as aforesaid arising out of defect or improper materials or workmanship the
contractor shall upon receipt of a notice in writing on that behalf make the same good at his
own expense or in default the Engineer-in-Charge cause the same to be made good by other
workmen and deduct the expense from any sums that may be due or at any time thereafter
may become due to the contractor, or from his security deposit or the proceeds of sale
thereof or of a sufficient portion thereof. The security deposit of the contractor shall not be
refunded before the expiry of twelve months (six months in the case of work costing Rs. Ten
lakhs and below except road work) after the issue of the certificate final or otherwise, of
completion of work, or till the final bill has been prepared and passed whichever is later.
Provided that in the case of road work, if in the opinion of the Engineer-in-Charge, half of the
security deposit is sufficient, to meet all liabilities of the contractor under this contract, half of
the security deposit will be refundable after six months and the remaining half after twelve
months of the issue of the said certificate of completion or till the final bill has been prepared
and passed whichever is later.
In case of Maintenance and Operation works of E&M services, the security deposit deducted
from contractors shall be refunded within one month from the date of final payment or within
one month from the date of completion of the maintenance contract whichever is earlier.

HPPWD EE Contractor
 Clause 18
The contractor shall provide at his own cost all materials machinery, tools & plants as
specified in schedule F. In addition to this, appliances, implements, other plants, ladders,
cordage, tackle, scaffolding and temporary works required for the proper execution of the
work, whether original, altered or substituted and whether included in the specifications or
Contractor to Supply
other documents forming part of the contract or referred to in these conditions or not, or
Tools & Plants etc.
which may be necessary for the purpose of satisfying or complying with the requirements
of the Engineer-in-Charge as to any matter as to which under these conditions he is
entitled to be satisfied, or which he is entitled to require together with carriage therefore to
and from the work. The contractor shall also supply without charge the requisite number
of persons with the means and materials, necessary for the purpose of setting out works,
and counting, weighing and assisting the measurement for 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 this contract or otherwise and/or
from his security deposit or the proceeds of sale thereof, or of a sufficient portions
thereof.

HPPWD EE Contractor
 Clause 18A
Recovery of In every case in which by virtue of the provisions sub- section (1) of section 12 of the Workmen's
Compensation paid Compensation Act. 1923, Government is obliged to pay compensation to a workman employed
to Workmen by the contractor, in execution of the works, Government will recover from the contractor ,
the amount of the compensation so paid: and without prejudice to the rights of the Government
under sub- section(2) of section 12 , of the said Act, Government shall be at liberty to recover
such amount or any part thereof by deducting it from the security deposit or from any sum
due by Government to the contractor whether under this contract or otherwise. Government
shall not be bound to contest any claim made against it under sub- section (1) of section 12,
of the said Act, except on the written request of the contractor and upon his giving to
Government full security for all costs for which Government might become liable in
consequence of contesting such claim.

Clause 18B
Ensuring Payment In every case in which by virtue of the provisions of the Contract Labour (Regulation and
and Amenities to Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition) Central Rules,
Workers if Contractor 1971, Government is obliged to pay any amounts of wages to a workman employed by the
fails contractor in execution of the works, or to incur any expenditure in providing welfare and
health amenities required to be provided under the above said Act and the rules under Clause
19H or under the HP.PWD Contractor's Labour Regulations, or under the Rules framed by
Government from time to time for the protection of health and sanitary arrangements for
workers employed by HP.PWD Contractors, Government will recover from the contractor,
the amount of wages so paid or the amount of expenditure so incurred; and without prejudice
to the rights of the Government under sub-section(2) of Section 20, and sub-section (4) of
Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, Government shall
be at liberty to recover such amount or any part thereof by deducting it from the security
deposit or from any sum due by Government to the contractor whether under this contract or
otherwise Government shall not be bound to contest any claim made against it under sub-
section (1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the written
request of the contractor and upon his giving to the Government full security for all costs for
which Government might become liable in contesting such claim.

Clause 19
Labour Laws to be
The contractor shall obtain a valid license under the Contract Labour (R&A) Act, 1970, and
complied by the
the Contract Labour (Regulation and Abolition) Central Rules, 1971, before the commencement
Contractor
of the work, and continue to have a valid license until the completion of the work.

HPPWD EE Contractor
 The contractor shall also comply with provisions of the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979.
The contractor shall also abide by the provisions of the Child Labour (Prohibition and
Regulation) Act, 1986.
The contractor shall also comply with the provisions of the building and other Construction
Workers (Regulation of Employment & Conditions of Service) Act, 1996 and the building and
other Construction Workers Welfare Cess Act, 1996.
Any failure to fulfill these requirements shall attract the penal provisions of this contract
arising out of the resultant non-execution of the work.

CLAUSE 19A
No labour below the age of fourteen years shall be employed on the work.

CLAUSE 19B
Payment of Wages Payment of wages:
(i) The contractor shall pay to labour employed by him either directly or through
subcontractors, wages not less than fair wages as defined in the HP.PWD Contractor's
Labour Regulations or as per the provisions of the Contract Labour (Regulation and
Abolition) Act, 1970 and the contract Labour (Regulation and Abolition) Central Rules,
1971, wherever applicable.
(ii) The contractor shall, notwithstanding the provisions of any contract to the contrary,
cause to be paid fair wage to labour indirectly engaged on the work, including any
labour engaged by his sub-contractors in connection with the said work, as if the
labour had been immediately employed by him.
(iii) In respect of all labour directly or indirectly employed in the works for performance of
the contractor's part of this contract, the contractor shall comply with or cause to be
complied with the H.P. State Labour Regulations made by Government from time to
time in regard to payment of wages, wage period, deductions from wages recovery
of wages not paid and deductions unauthorized made, maintenance of wage
books or wage slips publication of scale of wage and other terms of employment,
inspection and submission of periodical returns and all other matters of the like
nature or as per the provisions of the Contract Labour (Regulation and Abolition)
Act, 1970, and the Contract Labour (Regulation and Abolition)
Central Rules, 1971, wherever applicable
(iv) (a) The Engineer-in-Charge 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 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.
(b) Under the provision of Minimum Wages (Central) Rules, 1950, the contractor is
bound to allow to the labours directly or indirectly employed in the works one
day rest for 6 days continuous work and pay wages at the same rate as for
duty. In the event of default, the Engineer-in-Charge shall have the right to deduct
the sum or sums not paid on account of wages for weekly holidays to any
labours and pay the same to the persons entitled thereto from any money due
to the contractor by the Engineer-in-Charge concerned.

HPPWD EE Contractor
 (v) The contractor shall comply with the provisions of the Payment of Wages Act,
1936, Minimum Wages Act, 1948, Employees Liability Act, 1938, Workmen's
Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefits Act,
1961, and the Contractor's Labour (Regulation and Abolition) Act 1970, or the
modifications thereof or any other laws relating thereto and the rules made there
under from time to time.
(vi) The contractor shall indemnify and keep indemnified Government against
payments to be made under and for the observance of the laws aforesaid and
the HP.PWD Contractor's Labour Regulations without prejudice to his right to
claim indemnity from his sub-contractors.
(vii) The laws aforesaid shall be deemed to be a part of this contract and any breach
thereof shall be deemed to be a breach of this contract.
(viii) Whatever is the minimum wage for the time being, or if the wage payable is
higher than such wage, such wage shall be paid by the contractor to the workmen
directly without the intervention of labour contractor and that labour contractor
shall not be entitled to deduct or recover any amount from the minimum wage
payable to the workmen as and by way of commission or otherwise.
(ix) The contractor shall ensure that no amount by way of commission or otherwise
is deducted or recovered by the labour contractor from the wage of workmen.
(x) Fair wages shall be applicable as notified by the H.P. Govt. and applicable
on the date of opening of the tender as amended by HP Govt. time to time.

CLAUSE 19C

In respect of all labour directly or indirectly employed in the work for the performance of the
contractor's part of this contract, the contractor shall at his own expense arrange for the
safety provisions as per HP.PWD Safety Code framed from time to time and shall at his own
expense provide for all facilities in connection therewith. In case the contractor fails to make
arrangement and provide necessary facilities as aforesaid, he shall be liable to pay a penalty
as decided by the authority mentioned in Schedule F for each default and in addition, the
Engineer-in- Charge shall be at liberty to make arrangement and provide facilities as aforesaid
and recover the costs incurred in that behalf from the contractor.

CLAUSE 19D
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 labourers employed by him on the work,
(2) their working hours,
(3) the wages paid to them,
(4) the accidents that occurred during the said fortnight showing the circumstances
under which they happened and the extent of damage and injury caused by them,
and
(5) the number of female workers who have been allowed maternity benefit according to
Clause 19F and the amount paid to them.

HPPWD EE Contractor
Failing which the contractor shall be liable to pay to Government, a sum as decided by the
authority mentioned in Schedule F for each default or materially incorrect statement. The
decision of the Engineer- in- Charge shall be final in deducting from any bill due to the
contractor, the amount levied as fine and be binding on the contractor.

CLAUSE 19E

In respect of all labour directly or indirectly employed in the works for the performance of the
contractor's part of this contract, the contractor shall comply with or cause to be complied
with all the rules framed by Government from time to time for the protection of health and
sanitary arrangements for workers employed by the Himachal Pradesh Public Works
Department and its contractors.

CLAUSE 19F
Maternity Benefit Rules for Female Workers Employed by the Contractor.

Leave and pay during leave shall be regulated as follows:-

1. Leave :
(i) in the case of delivery - maternity leave not exceeding 8 weeks, 4 weeks up to
and including the day of delivery and 4 weeks following that day,
(ii) in the case of miscarriage - upto 3 weeks from the date of miscarriage.
2. Pay :
(i) in the case of delivery - leave pay during maternity leave will be at the rate of the
women's average daily earnings, calculated on total wages earned on the days
when full time work was done during a period of three months immediately
preceding the date on which she gives notice that she expects to be confined or
at the rate of Rupee one only a day whichever is greater.
(ii) in the case of miscarriage - leave pay at the rate of average daily earning calculated
on the total wages earned on the days when full time work was done during a
period of three months immediately preceding the date of such miscarriage.
3. Conditions for the grant of Maternity Leave:
No maternity leave benefit shall be admissible to a woman unless she has been
employed for a total period of not less than six months immediately preceding the
date on which she proceeds on leave.
4. The contractor shall maintain a register of Maternity (Benefit) in the Prescribed Form
as shown in Appendix -I and II, and the same shall be kept at the place of work.

Clause 19G
In the event of the contractor(s) committing a default or breach of any of the provisions of the
Himachal Pradesh Public Works Department, Contractor's Labour Regulations and Model
Rules for the protection of health and sanitary arrangements for the workers as amended
from time to time or furnishing any information or submitting or filing any statement under
the provisions of the above Regulations and' Rules which is materially incorrect, he/they
shall, without prejudice to any other liability, pay to the Government a sum as decided by
the authority mentioned in Schedule F for every default, breach or furnishing, making,
submitting, filing such materially incorrect statements and in the event of the contractor(s)
defaulting continuously in this respect, the penalty may be enhanced to as decided by
the authority mentioned in Schedule F per day for each day of default subject to a
maximum of 5 percent of the estimated cost of the work put to tender. The decision of the
Engineer-in-Charge shall be final and binding on the parties.

HPPWD EE Contractor
Should it appear to the Engineer-in-Charge that the contractor(s) is/are not properly observing
and complying with the provisions of the HP.PWD Contractor's Labour Regulations and
Model Rules and the provisions of the Contract Labour (Regulation and Abolition) Act 1970,
and the Contract Labour (R& A) Central Rules 1971, for the protection of health and sanitary
arrangements for work-people employed by the contractor(s) (hereinafter referred as "the
said Rules") the Engineer-in-Charge shall have power to give notice in writing to the
contractor(s) requiring that the said Rules be complied with and the amenities prescribed
therein be provided to the work-people within a reasonable time to be specified in the notice.
If the contractor(s) shall fail within the period specified in the notice to comply with and/
observe the said Rules and to provide the amenities to the work-people as aforesaid, the
Engineer-in-Charge shall have the power to provide the amenities hereinbefore mentioned at
the cost of the contractor(s). The contractor(s) shall erect, make and maintain at his/their
own expense and as per approved standards all necessary huts and sanitary arrangements
required for his/their work-people on the site in connection with the execution of the works,
and if the same shall not have been erected or constructed, according to approved standards,
the Engineer-in-Charge shall have power to give notice in writing to the contractor(s) requiring
that the said huts and sanitary arrangements be remodelled and/or reconstructed according
to approved standards, and if the contractor(s) shall fail to remodel or reconstruct such huts
and sanitary arrangements according to approved standards within the period specified in
the notice, the Engineer-in-Charge shall have the power to remodel or reconstruct such huts
and sanitary arrangements according to approved standards at the cost of the contractor(s).

CLAUSE 19H
The contractor(s) shall at his/their own cost provide his/their labour with a sufficient number
of huts (hereinafter referred to as the camp) of the following specifications on a suitable plot
of land to be approved by the Engineer-in-Charge.
(i) (a) The minimum height of each hut at the eaves level shall be 2.10m (7 ft.) and the
floor area to be provided will be at the rate of 2.7 sq.m. (30 sq.ft.) for each
member of the worker's family staying with the labourer.
(b) The contractor(s) shall in addition construct suitable cooking places having a
minimum area of 1.80m x 1.50m (6'x5') adjacent to the hut for each family.
(c) The contractor(s) shall also construct temporary latrines and urinals for the use
of the labourers each on the scale of not less than four per each one hundred of
the total strength, separate latrines and urinals being provided for women.
(d) The contractor(s) shall construct sufficient number of bathing and washing places,
one unit for every 25 persons residing in the camp. These bathing and washing
places shall be suitably screened.
(ii) (a) All the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar
or other suitable local materials as may be approved by the Engineer-in-
Charge. In case of sun-dried bricks, the walls should be plastered with mud
gobri on both sides. The floor may be kutcha but plastered with mud gobri
and shall be at least 15 cm (6") above the surrounding ground. The roofs
shall be laid with thatch or any other materials as may be approved by the
Engineer-in-Charge and the contractor shall ensure that throughout the
period of their occupation, the roofs remain water-tight.
(b) The contractor(s) shall provide each hut with proper ventilation.
(c) All doors, windows, and ventilators shall be provided with suitable leaves for
security purposes.

HPPWD EE Contractor
 (d) There shall be kept an open space of at least 7.2m (8 yards) between the rows
of huts which may be reduced to 6m (20 ft.) according to the availability of site
with the approval of the Engineer-in-Charge. Back to back construction will be
allowed.
(iii) Water Supply - The contractor(s) shall provide adequate supply of water for the use of
labourers. The provisions shall not be less than two gallons of pure and wholesome
water per head per day for drinking purposes and three gallons of clean water per
head per day for bathing and washing purposes. Where piped water supply is available,
supply shall be at stand posts and where the supply is from wells or river, tanks which
may be of metal or masonry, shall be provided. The contractor(s) shall also at his/
their own cost make arrangements for laying pipe lines for water supply to his/ their
labour camp from the existing mains wherever available, and shall pay all fees and
charges therefore.
(iv) The site selected for the camp shall be high ground, removed from jungle.
(v) Disposal of Excreta - The contractor(s) shall make necessary arrangements for the
disposal of excreta from the latrines by trenching or incineration which shall be according
to the requirements laid down by the Local Health Authorities. If trenching or incineration
is not allowed, the contractor(s) shall make arrangements for the removal of the excreta
through the Municipal Committee/authority and inform it about the number of labourers
employed so that arrangements may be made by such Committee/authority for the
removal of the excreta. All charges on this account shall be borne by the contractor
and paid direct by him to the Municipality/authority. The contractor shall provide one
sweeper for every eight seats in case of dry system.
(vi) Drainage - The contractor(s) shall provide efficient arrangements for draining away
sullage water so as to keep the camp neat and tidy.
(vii) The contractor(s) shall make necessary arrangements for keeping the camp area
sufficiently lighted to avoid accidents to the workers.
(viii) Sanitation - The contractor(s) shall make arrangements for conservancy and sanitation
in the labour camps according to the rules of the Local Public Health and Medical
Authorities.

Clause 19 I
The Engineer-in-Charge may require the contractor to dismiss or remove from the site of
the work any person or persons in the contractors' employ upon the work who may be
incompetent or misconduct himself and the contractor shall forthwith comply with such
requirements. In respect of maintenance/repair or renovation works etc. where the labour
have an easy access to the individual houses, the contractor shall issue identity cards to
the labourers, whether temporary or permanent and he shall be responsible for any untoward
action on the part of such labour.

CLAUSE 19 J
It shall be the responsibility of the contractor to see that the building under construction is
not occupied by anybody unauthorized during construction, and is handed over to the Engineer-
in-Charge with vacant possession of complete building. If such building though completed is
occupied illegally, then the Engineer-in-Charge shall have the option to refuse to accept the
said building/buildings in that position. Any delay in acceptance on this account will be

HPPWD EE Contractor
 treated as the delay in completion and for such delay, a levy upto 5% of tendered value of
work may be imposed by the Superintending Engineer whose decision shall be final both
with regard to the justification and quantum and be binding on the contractor.
However, the Engineer-in-charge through a notice, may require the contractor to remove
the illegal occupation any time on or before construction and delivery.

Clause 19K
Employment of The contractor shall, at all stages of work, deploy skilled/semi skilled tradesmen who are
skilled/semi skilled qualified and possess certificate in particular trade from Industrial Training Institute/
workers National Institute of construction Management and Research (NICMAR)/ National
Academy of Construction, CIDC or any similar reputed and recognized Institute
managed/ certified by State/Central Government. The number of such qualified tradesmen
shall not be less than 20% of total skilled/semi skilled workers required in each trade at any
stage of work. The contractor shall submit number of man days required in respect of each
trade, its scheduling and the list of qualified tradesmen along with requisite certificate from
recognized Institute to Engineer in charge for approval. Notwithstanding such approval, if the
tradesmen are found to have inadequate skill to execute the work of respective trade, the
contractor shall substitute such tradesmen within two days of written notice from Engineer-
in- Charge. Failure on the part of contractor to obtain approval of Engineer-in-Charge or
failure to deploy qualified tradesmen will attract a compensation to be paid by contractor at
the rate specified in schedule 'F' per such tradesman per day. Decision of Engineer in
Charge as to whether particular tradesman possesses requisite skill and amount of
compensation in case of default shall be final and binding.
Provided always, that the provisions of this clause, shall not be applicable for works with
estimated cost put to tender being less than Rs. 5 crores.
For work costing more than Rs. 10 Crores, and upto Rs. 50 Crores, the contractor shall
arrange on site training as per National Skill Development Corporation (NSDC) norms for at
least 20% of the unskilled workers engaged in the project in co-ordination with the
HP.PWD Regional Training Institute & National Skill Development Corporation (NSDC) for
certification at the level of skilled/semi skilled tradesmen.
For works costing more than Rs. 50 Crores, the contractor shall arrange on site training as
per National Skill Development Corporation (NSDC) norms for at least 30% of the unskilled
worker engaged in the project in co-ordination with the HP.PWD Regional Training Institute
& National Skill Development Corporation (NSDC) for certification at the level of
skilled/semi skilled tradesmen. The cost of such training as stated above shall be born by the
Government. The necessary space and workers shall be provided by the contractor and no
claim what so ever shall be entertained.

Clause 19L
Contribution of EPF The ESI and EPF contributions on the part of employer in respect of this contract shall be
and ESI paid by the contractor. These contributions on the part of the employer paid by the contractor
shall be reimbursed by the Engineer-in-charge to the contractor on actual basis. The verification
of deployment of labour will be done through biometric attendance system or any other
suitable method by the Engineer in Charge. The applicable and eligible amount of EPF &
ESI shall be reimbursed preferably within 7 days but not later than 30 days of submission of
documentary proof of payment provided same are in order.

HPPWD EE Contractor
 Clause 20
Minimum Wages Act The contractor shall comply with all the provisions of the Minimum Wages Act, 1948, and
to be Complied With Contract Labour (Regulation and Abolition) Act, 1970, amended from time to time and rules
framed there under and other labour laws affecting contract labour that may be brought into
force from time to time.

Clause 21
Work not to be
The contract shall not be assigned or sublet without the written approval of the Engineer-in-
sublet. Action in
Charge. And if the contractor shall assign or sublet his contract, or attempt to do so, or
case of in solvency
become insolvent or commence any insolvency proceedings or make any composition with
his creditors or attempt to do so, or if any bribe, 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 agent to any public officer or person in the
employ of Government 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 the contract, the
Engineer-in-Charge on behalf of the Governor of Himachal Pradesh shall have power to
adopt the course specified in Clause 3 hereof in the interest of Government and in the
event of such course being adopted, the consequences specified in the said Clause 3
shall ensue.
Clause 22
All sums payable by way of compensation under any of these conditions shall be considered
as reasonable compensation to be applied to the use of Government without reference to the
actual loss or damage sustained and whether or not any damage shall have been sustained.

Changes in firm's Clause 23

Constitution to be Where the contractor is a partnership firm, the previous approval in writing of the Engineer-in-
Intimated Charge shall be obtained before any change is made in the constitution of the firm. Where the
contractor is an individual or a Hindu undivided family business concern, such approval as
aforesaid shall likewise be obtained before the contractor enters into any partnership agreement
where under the partnership firm would have the right to carry out the works hereby undertaken
by the contractor. If previous approval as aforesaid is not obtained, the contract shall be
deemed to have been assigned in contravention of Clause 21 hereof and the same action may
be taken, and the same consequences shall ensue as provided in the said Clause 21.

Life Cycle Cost Clause 24

The contractor shall be responsible for safety, quality and soundness of the buildings including
structural elements beyond maintenance period. The contractor shall have obligation to
rectify such defects minimum up to 5 (five) years from the date of completion of work. The
defects have to be rectified within a reasonable time not exceeding forty five days after issue
of notice by the Engineer- in- Charge. If contractor does not take corrective action within
45 days, then action for debarring of the agency shall be taken by the appropriate authority.

Settlement of Clause 25
Disputes & Except where otherwise provided in the contract, all questions and disputes relating to the
Arbitration meaning of the specifications, design, drawings and instructions here-in before mentioned
and as to the quality of workmanship or materials used on the work or as to any other
question, claim, right, matter or thing whatsoever in any way arising out of or relating to the
contract, designs, drawings, specifications, estimates, instructions, orders or these conditions
or otherwise concerning the works or the execution or failure to execute the same whether
arising during the progress of the work or after the cancellation, termination, completion or
abandonment thereof shall be dealt with as mentioned hereinafter as per Himachal
Pradesh Govt., vide Notification No. PBW(B)F(10)12/2019 dated 09/07/2020 and
Notification No. PBW-AF (1)-1/2014 dated 21/12/2019.

HPPWD EE Contractor
 Clause 26
Contractor to The contractor shall fully indemnify and keep indemnified the Governor of Himachal
Indemnify Govt.
against Patent Pradesh against any action, claim or proceeding relating to infringement or use of any
Rights patent or design or any alleged patent or design rights and shall pay any royalties which
may be payable in respect of any article or part thereof included in the contract. In the
event of any claims made under or action brought against Government in respect of any
such matters as aforesaid, the contractor shall be immediately notified thereof and the
contractor shall be at liberty, at his own expense, to settle any dispute or to conduct any
litigation that may arise there from, provided that the contractor shall not be liable to
indemnify the Governor of Himachal Pradesh if the infringement of the patent or design or
any alleged patent or design right is the direct result of an order passed by the Engineer-in-
Charge in this behalf.

Clause 27
Lump sum When the estimate on which a tender is made includes lump sum in respect of parts of the
Provisions in
Tender. work, the contractor shall be entitled to payment in respect of the items of work involved or
the part of the work in question at the same rates as are payable under this contract for such
items, or if the part of the work in question is not, in the opinion of the Engineer-in-Charge
payable of measurement, the Engineer-in-Charge may at his discretion pay the lump-sum
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 sums payable to
him under the provisions of the clause.

HPPWD EE Contractor
 Clause 28
Action where no In the case of any class of work for which there is no such specifications as referred to in
Specifications are Clause 11, such work shall be carried out in accordance with the Bureau of Indian Standards
Specified Specifications. In case there are no such specifications in Bureau of Indian Standards, the
work shall be carried out as per manufacturers' specifications, if not available then as per
state/ District Specifications. In case there are no such specifications as required above, the
work shall be carried out in all respects in accordance with the instructions and requirements
of the Engineer-in-Charge.

Clause 29
(i) Whenever any claim or claims for payment of a sum of money arises out of or under
Withholding and
the contract or against the contractor, the Engineer-in-Charge or the Government shall
lien in respect of
be entitled to withhold and also have a lien to retain such sum or sums in whole or in
sum due from
part from the security, if any deposited by the contractor and for the purpose aforesaid,
Contractor
the Engineer-in-Charge or the Government shall be entitled to withhold the security
deposit, if any, furnished as the case may be and also have a lien over the same
pending finalization or adjudication of any such claim. In the event of the security
being insufficient to cover the claimed amount or amounts or if no security has been
taken from the contractor, the Engineer-in-Charge or the Government shall be entitled
to withhold and have a lien to retain to the extent of such claimed amount or amounts
referred to above, from any sum or sums found payable or which may at any time
thereafter become payable to the contractor under the same contract or any other
contract with the Engineer-in-Charge of the Government or any contracting person
through the Engineer-in-Charge pending finalization of adjudication of any such claim.
It is an agreed term of the contract that the sum of money or moneys so withheld or
retained under the lien referred to above by the Engineer-in-Charge or Government will
be kept withheld or retained as such by the Engineer-in-Charge or Government till the
claim arising out of or under the contract is determined by the competent authority
( as referred in Clause 25 supra ) and that the contractor will have no claim for
interest or damages whatsoever on any account in respect of such withholding or
retention under the lien referred to above and duly notified as such to the contractor.
For the purpose of this clause, where the contractor is a partnership firm or a
limited company, the Engineer-in-Charge or the Government shall be entitled to
withhold and also have a lien to retain towards such claimed amount or amounts in
whole or in part from any sum found payable to any partner/limited company as the
case may be, whether in his individual capacity or otherwise.
(ii) Government shall have the right to cause an audit and technical examination of the
works and the final bills of the contractor including all supporting vouchers, abstract,
etc., to be made after payment of the final bill and if as a result of such audit and
technical examination any sum is found to have been overpaid in respect of any work
done by the contractor under the contract or any work claimed to have been done by
him under the contract and found not to have been executed, the contractor shall be
liable to refund the amount of over-payment and it shall be lawful for Government to
recover the same from him in the manner prescribed in sub-clause (i) of this clause or
in any other manner legally permissible; and if it is found that the contractor was paid
less than what was due to him under the contract in respect of any work executed by
him under it, the amount of such under payment shall be duly paid by Government to
the contractor, without any interest thereon whatsoever.

HPPWD EE Contractor
 Provided that the Government shall not be entitled to recover any sum overpaid, nor the
contractor shall be entitled to payment of any sum paid short where such payment has been
agreed upon between the Superintending Engineer or Executive Engineer on the one hand
and the contractor on the other under any term of the contract permitting payment for work
after assessment by the Superintending Engineer or the Executive Engineer.

Clause 29A
Lien in respect of Any sum of money due and payable to the contractor (including the security deposit returnable
claims in other to him) under the contract may be withheld or retained by way of lien by the Engineer-in-
Contracts Charge or the Government or any other contracting person or persons through Engineer-in-
Charge against any claim of the Engineer-in-Charge or Government or such other person or
persons in respect of payment of a sum of money arising out of or under any other contract
made by the contractor with the Engineer- in-Charge or the Government or with such other
person or persons. It is an agreed term of the contract that the sum of money so withheld or
retained under this clause by the Engineer-in-Charge or the Government will be kept withheld
or retained as such by the Engineer-in-Charge or the Government or till his claim arising out
of the same contract or any other contract is either mutually settled or determined by the
arbitration clause or by the competent court, as the case may be and that the contractor
shall have no claim for interest or damages whatsoever on this account or on any other
ground in respect of any sum of money withheld or retained under this clause and duly
notified as such to the contractor.

Clause 29B
The contractor shall not employ coal mining or controlled area labour falling under any
Employment of coal category whatsoever on or in connection with the work or recruit labour from area within a
mining or controlled radius of 32 km (20 miles) of the controlled area. Subject as above the contractor shall
area labour not employ imported labour only i.e., deposit imported labour or labour imported by contractors
Permissible from area, from which import is permitted.
Where ceiling price for imported labour has been fixed by State or Regional Labour Committees
not more than that ceiling price shall be paid to the labour by the contractor.
The contractor shall immediately remove any labourer who may be pointed out by the Engineer
in-Charge as being a coal mining or controlled area labourer. Failure to do so shall render
the contractor liable to pay to Government a sum calculated at the rate of Rs.10/- per day
per labourer. The certificate of the Engineer-in-Charge about the number of coal mining or
controlled area labourer and the number of days for which they worked shall be final and
binding upon all parties to this contract.
It is declared and agreed between the parties that the aforesaid stipulation in this clause is
one in which the public are interested within the meaning of the exception in Section 74 of
Indian Contract Act, 1872.
Explanation: Controlled Area means the following areas;
Districts of Dhanbad, Hazaribagh, Jamtara - a Sub-Division under Santhal Pargana
Commissionery, Districts of Bankuara, Birbhum, Burdwan, District of Bilaspur.
Any other area which may be declared a Controlled Area by or with the approval of the
Central Government.

HPPWD EE Contractor
 Clause 30
Water for Works The contractor(s) shall make his/their own arrangements for water required for the work and
nothing extra will be paid for the same. This will be subject to the following conditions:
(i) That the water used by the contractor(s) shall be fit for construction purposes to the
satisfaction of the Engineer-in-Charge.
(ii) The Engineer-in-Charge shall make alternative arrangements for supply of water at the
risk and cost of contractor(s) if the arrangements made by the contractor(s) for
procurement of water are in the opinion of the Engineer-in- Charge, unsatisfactory.

Clause 30A
Alternate water
The contractor shall be allowed to construct temporary wells in Government land for taking
Arrangements
water for construction purposes only after he has got permission of the Engineer-in- Charge
in writing. No charges shall be recovered from the contractor on this account, but the
contractor shall be required to provide necessary safety arrangements to avoid any accidents
or damage to adjacent buildings, roads and service lines. He shall be responsible for any
accidents or damage caused due to construction and subsequent maintenance of the
wells and shall restore the ground to its original condition after the wells are dismantled on
completion of the work.

Clause 31
The contractor shall arrange at his own expense all tools, plant, machinery and equipment
Hire of Plant &
(hereinafter referred to as T&P) required for execution of the work and in the rarest of rare
Machinery
case can be assisted by the Department by providing machinery (if available) on the hire
rates as provided in schedule C.

Clause 32
Employment of Contractors Superintendence, Supervision, Technical Staff & Employees:
Technical Staff and (i) The contractor shall provide all necessary superintendence during execution of the
employees work and all along thereafter as may be necessary for proper fulfilling of the obligations
under the contract.
The contractor shall immediately after receiving letter of acceptance of the tender and
before commencement of the work, intimate in writing to the Engineer-in-Charge, the
name(s), qualifications, experience, age, address(s) and other particulars along with
certificates, of the principal technical representative to be in charge of the work and
other technical representative(s) who will be supervising the work. Minimum requirement
of such technical representative(s) and their qualifications and experience shall not be
lower than specified in Schedule 'F'. Even of the contractor (or partner(s) in case of
firm/ company)is himself / herself an Engineers, it is necessary on the part of the
contractor to Employ principal technical representative / technical representative (s)
as per stipulation in Schedule 'F'
The Engineer-in-Charge shall within 3 days of receipt of such communication intimate
in writing his approval or otherwise of such a representative(s) to the contractor. Any
such approval may at any time be withdrawn and in case of such withdrawal, the
contractor shall appoint another such representative(s) according to the provisions of
this clause. Decision of the tender accepting authority shall be final and binding on the
contractor in this respect. Such a principal technical representative and other technical
representative(s) shall be appointed by the contractor soon after receipt of the approval
from Engineer-in-charge and shall be available at site before start of work.

HPPWD EE Contractor
 All the provisions applicable to the principal technical representative under the Clause
will also be applicable to other technical representative(s) The principal technical
representative and other technical representative(s) shall be present at the site of
work for supervision at all times when any construction activity is in progress and also
present himself/themselves, as required, to the Engineer-in-Charge and/or his
designated representative to take instructions. Instructions given to the principal
technical representative or other technical representative(s) shall be deemed to have
the same force as if these have been given to the contractor. The principal technical
representative and other technical representative(s) shall be actually available at site
fully during all stages of execution of work, during recording/checking/test checking
of measurements of works and whenever so required by the Engineer-in-Charge and
shall also note down instructions conveyed by the Engineer-in-Charge or his designated
representative(s) in the site order book and shall affix his/their signature in token of
noting down the instructions and in token of acceptance of measurements/checked
measurements/ test checked measurements. The representative(s) shall not look
after any other work. Substitutes, duly approved by Engineer-in-Charge of the work in
similar manner as aforesaid shall be provided in event of absence of any of the
representative(s) by more than two days.
If the Engineer-in-Charge, whose decision in this respect is final and binding on the
contractor, is convinced that no such technical representative(s) is/are effectively
appointed or is/are effectively attending or fulfilling the provision of this clause, a recovery
(non refundable) shall be effected from the contractor as specified in Schedule 'F' and
the decision of the Engineer-In-Charge as recorded in the site order book and
measurement recorded checked/test checked in Measurement Books shall be final
and binding on the contractor. Further if the contractor fails to appoint suitable technical
Principal technical representative and/or other technical representative(s) and if such
appointed persons are not effectively present or are absent by more than two days
without duly approved substitute or do not discharge their responsibilities satisfactorily,
the Engineer-in-Charge shall have full powers to suspend the execution of the work
until such date as suitable other technical representative(s) is/are appointed and the
contractor shall be held responsible for the delay so caused to the work. The contractor
shall submit a certificate of employment of the technical representative(s) (in the form
of copy of Form-16 or CPF deduction issued to the Engineers employed by him) along
with every on account bill/ final bill and shall produce evidence if at any time so
required by the Engineer-in-Charge.
(ii) The contractor shall provide and employ on the site only such technical assistants as
are skilled and experienced in their respective fields and such foremen and supervisory
staff as are competent to give proper supervision to the work.
The contractor shall provide and employ skilled, semiskilled and unskilled labour as
is necessary for proper and timely execution of the work.
The Engineer-in-Charge shall be at liberty to object to and require the contractor to
remove from the works any person who in his opinion misconducts himself, or is
incompetent or negligent in the performance of his duties or whose employment is
otherwise considered by the Engineer-in-Charge to be undesirable. Such person shall
not be employed again at works site without the written permission of the Engineer-in-
Charge and the persons so removed shall be replaced as soon as possible by
competent substitutes.

HPPWD EE Contractor
 Clause 33
Levy/Taxes payable (i) GST, Building and other Construction Workers Welfare Cess or any other tax, levy or
by Contractor Cess in respect of input for or output by this contract shall be payable by the contractor
and Government shall not entertain any claim whatsoever in this respect except as
provided under Clause 34.
(ii) The contractor shall deposit royalty and obtain necessary permit for supply of the
bajri, stone, kankar, etc. from local authorities.
If pursuant to or under any law, notification or order any royalty, cess or the like becomes
payable by the contractor to the State Government, Local authorities in respect of any
material used by the contractor in the works, then in such a case, it shall be lawful to the
Government of Himchal Pardash and it will have the right and be entitled to recover the
amount paid in the circumstances as aforesaid from dues of the contractor.

Clause 34
(i) All tendered rates shall be inclusive of any tax, levy or cess applicable on last stipulated
Conditions for date of receipt of tender including extension if any. No adjustment i.e. increase or
reimbursement of decrease shall be made for any variation in the rate of GST, Building and Other
levy/taxes if levied Construction Workers Welfare Cess or any tax, levy or cess applicable on inputs.
after receipt of
Tenders However, effect of variation in rates of GST or Building and Other Construction Workers
Welfare Cess or imposition or repeal of any other tax, levy or cess applicable on
output of the works contract shall be adjusted on either side, increase or decrease.
Provided further that for Building and Other Construction Workers Welfare Cess or any tax
(other than GST), levy or cess varied or imposed after the last date of receipt of tender
including extension if any, any increase shall be reimbursed to the contractor only if the
contractor necessarily and properly pays such increased amount of taxes/levies/cess.
Provided further that such increase including GST shall not be made in the extended
period of contract for which the contractor alone is responsible for delay as determined
by authority for extension of time under Clause 5 in Schedule F.
(ii) The contractor shall keep necessary books of accounts and other documents for the
purpose of this condition as may be necessary and shall allow inspection of the same
by a duly authorized representative of the Government and/or the Engineer-in-Charge
and shall also furnish such other information/document as the Engineer-in-Charge
may require from time to time.
(iii) The contractor shall, within a period of 30 days of the imposition of any such further
tax or levy or cess, or variation or repeal of such tax or levy or cess give a written
notice thereof to the Engineer-in-charge that the same is given pursuant to this condition,
together with all necessary information relating thereto.

Clause 35
Without prejudice to any of the rights or remedies under this contract, if the contractor dies,
Termination of
the Engineer-in-Charge on behalf of the Governor of Himachal Pradesh shall have the option
Contract on death of
of terminating the contract without levy of compensation to the contractor.
contractor

Clause 36
If relative working in The contractor shall not be permitted to tender for works in the HP.PWD circle (Division
HP.PWD then the in case of contractors of Horticulture/Nursery categories) responsible for award and
contractor not execution of contracts in which his near relative is posted as Divisional Accountant or as
allowed to tender an officer in any capacity between the grades of the Superintending Engineer and Junior
Engineer (both

HPPWD EE Contractor
 inclusive). He shall also intimate the names of persons who are working with him in any
capacity or are subsequently employed by him and who are near relatives to any Gazetted
Officer in the HP.PWD/ H.P. Govt.,Department/Corporation/Board etc. Any breach of this
condition by the contractor would render him liable to be removed from the approved list of
contractors of this Department. If however the contractor is registered in any other department,
he shall be debarred from tendering in HP.PWD for any breach of this condition.
NOTE: By the term "near relatives" is meant wife, husband, parents and grandparents,
children and grand children, brothers and sisters, uncles, aunts and cousins and their
corresponding in-laws.

Clause 37
No Gazetted No engineer of gazetted rank or other gazetted officer employed in engineering or
Engineer to work as administrative duties in an engineering department of the Government of H.P. shall work as
Contractor within a contractor or employee of a contractor for a period of Two year after his retirement
Two years of from government service without the previous permission of Government of Himachal
retirement Pradesh in writing. This contract is liable to be cancelled if either the contractor or any of
his employees is found at any time to be such a person who had not obtained the
permission of Government of Himachal Pradesh as aforesaid, before submission of the
tender or engagement in the contractor's service, as the case may be.

Clause 38
Theoretical (i) After completion of the work and also at any intermediate stage in the event of Non
consumption of reconciliation of materials issued theoretical quantity of materials used in the work
Material shall be calculated on the basis and method given hereunder:-
(a) Quantity of cement & bitumen shall be calculated on the basis of quantity of cement
& bitumen required for different items of work as shown in the Schedule of Rates
mentioned in Schedule 'F'. In case any item is executed for which standard constants
for the consumption of cement or bitumen are not available in the above mentioned
schedule/statement or cannot be derived from the same shall be calculated on the
basis of standard formula to be laid down by the Engineer-in-Charge.
(b) Theoretical quantity of steel reinforcement or structural steel sections shall be
taken as the quantity required as per design or as authorized by Engineer-in-
Charge, including authorized lappages, chairs etc. plus 3% wastage due to cutting
into pieces, such theoretical quantity being determined and compared with the
actual, each diameter wise, section wise and category wise separately.
(c) Theoretical quantity of G.I. & C.I. or other pipes, conduits, wires and cables, pig
lead and G.I./M.S. sheets shall be taken as quantity actually required and
measured plus 5% for wastage due to cutting into pieces (except in the case of
G.I./M.S. sheets it shall be 10%), such determination & comparison being made
diameter wise & category wise.
(d) For any other material as per actual requirements.
Over the theoretical quantities of materials so computed a variation shall be allowed
as specified in Schedule 'F' For non scheduled items, the decision of the
Superintending Engineer, Chief Engineer regarding theoretical quantities of
materials which should have been actually used, shall be final and binding on
the contractor.
(ii) The said action under this clause is without prejudice to the right of the Government to
take action against the contractor under any other conditions of contract for not doing
the work according to the prescribed specifications.

HPPWD EE Contractor
 Clause 39
The work (whether fully constructed or not) and all materials, machines, tools and plants,
scaffolding, temporary buildings and other things connected therewith shall be at the risk of
Compensation
the contractor until the work has been delivered to the Engineer-in-Charge and a certificate
during war
from him to that effect obtained. In the event of the work or any materials properly brought to
like situations
the site for incorporation in the work being damaged or destroyed in consequence of hostilities
or warlike operation, the contractor shall when ordered (in writing) by the Engineer-in-Charge
to remove any debris from the site, collect and properly stack or remove in store all serviceable
materials salvaged from the damaged work and shall be paid at the contract rates in accordance
with the provision of this agreement for the work of clearing the site of debris, stacking or
removal of serviceable material and for reconstruction of all works ordered by the Engineer-
in-Charge, such payments being in addition to compensation up to the value of the work
originally executed before being damaged or destroyed and not paid for.
Provided always that no compensation shall be payable for any loss in consequence of
hostilities or warlike operations (a) unless the contractor had taken all such precautions
against air raid as are deemed necessary by the A.R.P. (Air Raid precaution) Officers or
the Engineer-in-Charge (b) for any material etc. not on the site of the work or for any tools,
plant, machinery, scaffolding, temporary building and other things not intended for the
work. In the event of the contractor having to carry out reconstruction as aforesaid, he shall
be allowed such extension of time for its completion as is considered reasonable by the
Divisional Officer.

Clause 40
The contractor shall comply with the provisions of the Apprentices Act, 1961 and the rules
Apprentices Act and orders issued there under from time to time. If he fails to do so, his failure will be a
provisions to be breach of the contract and the Superintending Engineer may, in his discretion, cancel the
complied with contract. The contractor shall also be liable for any pecuniary liability arising on account of
any violation by him of the provisions of the said Act.

Clause 41
Release of Security Deposit of the work shall not be refunded till the contractor produces a
Release of Security
clearance certificate from the Labour Officer. As soon as the work is virtually complete the
deposit after labour
contractor shall apply for the clearance certificate to the Labour Officer under intimation to
clearance
the Engineer-in-Charge. The Engineer-in-Charge, on receipt of the said communication, shall
write to the Labour Officer to intimate if any complaint is pending against the contractor in
respect of the work. If no complaint is pending, on record till after 3 months after completion
of the work and/or no communication is received from the Labour Officer to this effect till six
months after the date of completion, it will be deemed to have received the clearance certificate
and the Security Deposit will be released if otherwise due.
Clause 42
Jurisdiction in respect of Dispute:-All the disputes regarding contracts shall be subject
to the jurisdiction of courts with in the territory of the Himachal Pradesh.

HPPWD EE Contractor
 INTEGRITY PACT
To,

……………………………………….

………………………………………

………………………………………

Sub: NIT No. for the work: AMP works for the year 2024-25 on Pater Bhonku Village Hatra (SH:- P/L Mixed
seal surfacing (MSS) works in km 0/0 to 2/500 9HP1103VR012049101-103).

Dear Sir,

It is hereby declared that HP.PWD is committed to follow the principle of transparency, equity and
competitiveness in public procurement.

The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder
will sign the integrity Agreement, which is an integral part of tender/bid documents, failing which the
tenderer/bidder will stand disqualified from the tendering process and the bid of the bidder would be
summarily rejected.

This declaration shall form part and parcel of the Integrity Agreement and signing of the same shall be
deemed as acceptance and signing of the Integrity Agreement on behalf of the HP.PWD.

Yours faithfully

Executive Engineer,
Nalagarh, Division,
HP. PWD. Nalagarh

HPPWD EE Contractor
 INTEGRITY PACT

To,

Executive Engineer,
Nalagarh, Division,
HP. PWD. Nalagarh

Sub: Submission of Tender for the work of. AMP works for the year 2024-25 on Pater Bhonku Village Hatra
(SH:- P/L Mixed seal surfacing (MSS) works in km 0/0 to 2/500 9HP1103VR012049101-103).

Dear Sir,

I/We acknowledge that HP.PWD is committed to follow the principles thereof as enumerated
in the Integrity Agreement enclosed with the tender/bid document.

I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the condition
that I/We will sign the enclosed integrity Agreement, which is an integral part of tender documents,
failing which I/We will stand disqualified from the tendering process. I/We acknowledge that THE
MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE
ACCEPTANCE of this condition of the NIT.

I/We confirm acceptance and compliance with the Integrity Agreement in letter and spirit and
further agree that execution of the said Integrity Agreement shall be separate and distinct from the
main contract, which will come into existence when tender/bid is finally accepted by HP.PWD.
I/We acknowledge and accept the duration of the Integrity Agreement, which shall be in the line
with Article 1 of the enclosed Integrity Agreement.

I/We acknowledge that in the event of my/our failure to sign and accept the Integrity Agreement,
while submitting the tender/bid, HP.PWD shall have unqualified, absolute and unfettered right to
disqualify the tenderer/bidder and reject the tender/bid is accordance with terms and conditions of
the tender/ bid.

Yours faithfully

(Duly authorized signatory of the Bidder)

HPPWD EE Contractor
 To be signed by the bidder and same signatory competent / authorized to sign
the relevant contract on behalf of HP.PWD.

INTEGRITY AGREEMENT

This Integrity Agreement is made at ................ on this ............ day of ............ 20 .....

BETWEEN

Governor of Himachal Pradesh represented through Executive Engineer,

Nalagarh, HP PWD Division Nalagarh

(Name of Division)

HP.PWD, Division Nalagarh (Hereinafter referred as the

(Address of Division)

‘Principal/Owner’, which expression shall unless repugnant to the meaning or context hereof include its successors
and permitted assigns)

AND

Sh/Smt/M/S..................................................... Govt Contr, R/o Village . . . . . . . . . . . . . . . . . . . PO. . . . . . . . . . . . . . .

Tehsil .......................................... Distt Solan HP

(Name and Address of the Individual/firm/Company)

through Executive Engineer, Nalagarh, HP PWD Division Nalagarh (Hereinafter referred to as the
(Details of duly authorized signatory)

“Bidder/Contractor” and which expression shall unless repugnant to the meaning or context hereof include its
successors and permitted assigns)

Preamble
WHEREAS the Principal / Owner has floated the Tender (NIT 1676-80 dated: 7-06-2024) (hereinafter referred
to as “Tender/Bid”) and intends to award, under laid down organizational procedure, contract

hereinafter referred to as the “Contract”.

AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules, regulations,
economic use of resources and of fairness/transparency in its relation with its Bidder(s) and Contractor(s).

AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this Integrity Agreement
(hereinafter referred to as “Integrity Pact” or “Pact”), the terms and conditions of which shall also be read as integral
part and parcel of the Tender/Bid documents and Contract between the parties.

NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby agree as follows
and this Pact witnesses as under:

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Article 1: Commitment of the Principal/Owner
(1) The Principal/Owner commits itself to take all measures necessary to prevent corruption and to observe the
following principles:
(a) No employee of the Principal/Owner, personally or through any of his/her family members, will in
connection with the Tender, or the execution of the Contract, demand, take a promise for or accept, for
self or third person, any material or immaterial benefit which the person is not legally entitled to.
(b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and reason. The
Principal/Owner will, in particular, before and during the Tender process, provide to all Bidder(s) the
same information and will not provide to any Bidder(s) confidential / additional information through
which the Bidder(s) could obtain an advantage in relation to the Tender process or the Contract execution.
(c) The Principal/Owner shall endeavour to exclude from the Tender process any person, whose conduct in
the past has been of biased nature.
(2) If the Principal/Owner obtains information on the conduct of any of its employees which is a criminal offence
under the Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles
herein mentioned or if there be a substantive suspicion in this regard, the Principal/Owner will inform the
Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its internal laid down
policies and procedures.

Article 2: Commitment of the Bidder(s)/Contractor(s)

1. It is required that each Bidder/Contractor (including their respective officers, employees and agents) adhere
to the highest ethical standards, and report to the Government / Department all suspected acts of fraud or
corruption or Coercion or Collusion of which it has knowledge or becomes aware, during the tendering
process and throughout the negotiation or award of a contract.
2. The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent corruption. He commits
himself to observe the following principles during his participation in the Tender process and during the
Contract execution:
(a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give
to any of the Principal/Owner’s employees involved in the Tender process or execution of the Contract
or to any third person any material or other benefit which he/she is not legally entitled to, in order to
obtain in exchange any advantage of any kind whatsoever during the Tender process or during the
execution of the Contract.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non-submission of bids or any other actions to
restrict competitiveness or to cartelize in the bidding process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act. Further the
Bidder(s)/ Contract(s) will not use improperly, (for the purpose of competition or personal gain), or pass
on to others, any information or documents provided by the Principal/Owner as part of the business
relationship, regarding plans, technical proposals and business details, including information contained
or transmitted electronically.
(d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses of agents/
representatives in India, if any. Similarly Bidder(s)/Contractor(s) of Indian Nationality shall disclose
names and addresses of foreign agents/representatives, if any. Either the Indian agent on behalf of the

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 foreign principal or the foreign principal directly could bid in a tender but not both. Further, in cases
where an agent participate in a tender on behalf of one manufacturer, he shall not be allowed to quote
on behalf of another manufacturer along with the first manufacturer in a subsequent/parallel tender for
the same item.
(e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made,
is committed to or intends to make to agents, brokers or any other intermediaries in connection with
the award of the Contract.
3. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory
to such offences.
4. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm indulge in fraudulent practice
means a willful misrepresentation or omission of facts or submission of fake/forged documents in order to
induce public official to act in reliance thereof, with the purpose of obtaining unjust advantage by or causing
damage to justified interest of others and/or to influence the procurement process to the detriment of the
Government interests.
5. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm use Coercive Practices
(means the act of obtaining something, compelling an action or influencing a decision through intimidation,
threat or the use of force directly or indirectly, where potential or actual injury may befall upon a person, his/
her reputation or property to influence their participation in the tendering process).

Article 3: Consequences of Breach

Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its
established policies and laid down procedures, the Principal/Owner shall have the following rights in case of
breach of this Integrity Pact by the Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to
respect and uphold the Principal/Owner’s absolute right:
1. If the Bidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression
through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in
question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the
Bidder(s)/Contractor(s) from the Tender process or terminate/determine the Contract, if already executed or
exclude the Bidder/Contractor from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such
exclusion may be forever or for a limited period as decided by the Principal/Owner.
2. Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Bidder(s)
from the Tender process prior to the award of the Contract or terminated/determined the Contract or has
accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart
from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion
forfeit the entire amount of Earnest Money Deposit, Performance Guarantee and Security Deposit of the
Bidder/Contractor.
3. Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or Contractor, or of an
employee or a representative or an associate of a Bidder or Contractor which constitutes corruption within the
meaning of IPC Act, or if the Principal/Owner has substantive suspicion in this regard, the Principal/Owner
will inform the same to law enforcing agencies for further investigation.

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Article 4: Previous Transgression
1. The Bidder declares that no previous transgressions occurred in the last 5 years with any other Company in
any country confirming to the anticorruption approach or with Central Government or State Government or any
other Central/State Public Sector Enterprises in India that could justify his exclusion from the Tender process.
2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender process or
action can be taken for banning of business dealings/ holiday listing of the Bidder/Contractor as deemed fit
by the Principal/ Owner.
3. If the Bidder/Contractor can prove that he has resorted / recouped the damage caused by him and has
installed a suitable corruption prevention system, the Principal/Owner may, at its own discretion, revoke the
exclusion prematurely.

Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors

1. The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with
this Integrity Pact. The Bidder/Contractor shall be responsible for any violation(s) of the principles laid down
in this agreement/Pact by any of its Subcontractors/sub-vendors.
2. The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders and Contractors.
3. The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact between the Principal/
Owner and the bidder, along with the Tender or violate its provisions at any stage of the Tender process, from
the Tender process.

Article 6- Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the Contractor/Vendor 12 months
after the completion of work under the contract or till the continuation of defect liability period, whichever is more
and for all other bidders, till the Contract has been awarded.
If any claim is made/lodged during the time, the same shall be binding and continue to be valid despite the
lapse of this Pacts as specified above, unless it is discharged/determined by the Competent Authority, HP.PWD.

Article 7- Other Provisions

1. This Pact is subject to Indian Law, place of performance and jurisdiction is the Head quarters of the Division
of the Principal/Owner, who has floated the Tender.
2. Changes and supplements need to be made in writing. Side agreements have not been made.
3. If the Contractor is a partnership or a consortium, this Pact must be signed by all the partners or by one or
more partner holding power of attorney signed by all partners and consortium members. In case of a Company,
the Pact must be signed by a representative duly authorized by board resolution.
4. Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact remains valid.
In this case, the parties will strive to come to an agreement to their original intensions.
5. It is agreed term and condition that any dispute or difference arising between the parties with regard to the
terms of this Integrity Agreement / Pact, any action taken by the Owner/Principal in accordance with this
Integrity Agreement/ Pact or interpretation thereof shall not be subject to arbitration.

Article 8- Legal and Prior Rights

All rights and remedies of the parties hereto shall be in addition to all the other legal rights and remedies
belonging to such parties under the Contract and/or law and the same shall be deemed to be cumulative and not
alternative to such legal rights and remedies aforesaid. For the sake of brevity, both the Parties agree that this
Integrity Pact will have precedence over the Tender/Contact documents with regard any of the provisions covered
under this Integrity Pact.

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 IN WITNESS WHERE OF the parties have signed and executed this Integrity Pact at the place and date first above
mentioned in the presence of following witnesses:

.....................................................
(For and on behalf of Principal/Owner)

.....................................................
(For and on behalf of Bidder/Contractor)

WITNESSES:

1 ............................................
(signature, name and address)

2 ............................................
(signature, name and address)

Place:

Dated :

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 SAFETY CODE

1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the ground, or
from solid construction except such short period work as can be done safely from ladders. When a ladder is
used, an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials
as well suitable footholds and hand-hold shall be provided on the ladder and the ladder shall be given an
inclination not steeper than ¼ to 1(¼ horizontal and 1 vertical.)
2. Scaffolding of staging more than 3.6 m (12ft.) above the ground or floor, swung or suspended from an overhead
support or erected with stationary support shall have a guard rail properly attached or bolted, braced and
otherwise secured at least 90 cm. (3ft.) high above the floor or platform of such scaffolding or staging and
extending along the entire length of the outside and ends there of with only such opening as may be necessary
for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from
the building or structure.
3. Working platforms, gangways and stairways should be so constructed that they should not sag unduly or
unequally, and if the height of the platform or the gangway or the stairway is more than 3.6 m (12ft.) above
ground level or floor level, they should be closely boarded, should have adequate width and should be suitably
fastened as described in (2) above.
4. Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent
the fall of person or materials by providing suitable fencing or railing whose minimum height shall be 90 cm. (3ft.)
5. Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be
securely fixed. No portable single ladder shall be over 9m. (30ft.) in length while the width between side rails in
rung ladder shall in no case be less than 29 cm. (11½”) for ladder upto and including 3 m. (10 ft.) in length. For
longer ladders, this width should be increased at least ¼” for each additional 30 cm. (1 foot) of length. Uniform
step spacing of not more than 30 cm shall be kept. Adequate precautions shall be taken to prevent danger from
electrical equipment. No materials on any of the sites or work shall be so stacked or placed as to cause danger
or inconvenience to any person or the public. The contractor shall provide all necessary fencing and lights to
protect the public from accident and shall be bound to bear the expenses of defence of every suit, action or
other proceedings at law that may be brought by any person for injury sustained owing to neglect of the above
precautions and to pay any damages and cost 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 compensate any claim by any
such person.
6. (a) Excavation and Trenching - All trenches 1.2 m. (4ft.) or more in depth, shall at all times be supplied with
at least one ladder for each 30 m. (100 ft.) in length or fraction thereof, Ladder shall extend from bottom of
the trench to at least 90 cm. (3ft.) above the surface of the ground. The side of the trenches which are 1.5
m. (5ft.) or more in depth shall be stepped back to give suitable slope or securely held by timber bracing,
so as to avoid the danger of sides collapsing. The excavated materials shall not be placed within 1.5 m.
(5ft.) of the edges of the trench or half of the depth of the trench whichever is more. Cutting shall be done
from top to bottom. Under no circumstances, undermining or undercutting shall be done.
(b) Safety Measures for digging bore holes:-
(i) If the bore well is successful, it should be safely capped to avoid caving and collapse of the bore
well. The failed and the abandoned ones should be completely refilled to avoid caving and collapse;
(ii) During drilling, Sign boards should be erected near the site with the address of the drilling contractor
and the Engineer in-charge of the work;
(iii) Suitable fencing should be erected around the well during the drilling and after the installation of the
rig on the point of drilling, flags shall be put 50m around the point of drilling to avoid entry of people;

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 (iv) After drilling the borewell, a cement platform (0.50m x 0.50m x 1.20m) 0.60m above ground level
and 0.60m below ground level should be constructed around the well casing;
(v) After the completion of the borewell, the contractor should cap the bore well properly by welding
steel plate, cover the bore well with the drilled wet soil and fix thorny shrubs over the soil. This
should be done even while reparing the pump;
(vi) After the borewell is drilled the entire site should be brought to the ground level.
7. Demolition - Before any demolition work is commenced and also during the progress of the work,
(i) All roads and open areas adjacent to the work site shall either be closed or suitably protected.
(ii) No electric cable or apparatus which is liable to be a source of danger or a cable or apparatus used by the
operator shall remain electrically charged.
(iii) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion or
flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to
render it unsafe.
8. All necessary personal safety equipment as considered adequate by the Engineer-in-Charge should be kept
available for the use of the person employed on the site and maintained in a condition suitable for immediate
use, and the contractor should take adequate steps to ensure proper use of equipment by those concerned:-
The following safety equipment shall invariably be provided.
(i) Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided with protective
footwear and protective goggles.
(ii) Those engaged in white washing and mixing or stacking of cement bags or any material which is injurious
to the eyes, shall be provided with protective goggles.
(iii) Those engaged in welding works shall be provided with welder’s protective eye-shields.
(iv) Stone breaker shall be provided with protective goggles and protective clothing and seated at sufficiently
safe intervals.
(v) When workers are employed in sewers and manholes, which are in active use, the contractors shall
ensure that the manhole covers are opened and ventilated atleast for an hour before the workers are
allowed to get into the manholes, and the manholes so opened shall be cordoned off with suitable railing
and provided with warning signals or boards to prevent accident to the public. In addition, the contractor
shall ensure that the following safety measure are adhered to :-
(a) Entry for workers into the line shall not be allowed except under supervision of the JE or any other
higher officer.
(b) At least 5 to 6 manholes upstream and downstream should be kept open for at least 2 to 3 hours
before any man is allowed to enter into the manhole for working inside.
(c) Before entry, presence of Toxic gases should be tested by inserting wet lead acetate paper which
changes colour in the presence of such gases and gives indication of their presence.
(d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In case, no
Oxygen is found inside the sewer line, workers should be sent only with Oxygen kit.
(e) Safety belt with rope should be provided to the workers. While working inside the manholes, such
rope should be handled by two men standing outside to enable him to be pulled out during emergency.
(f) The area should be barricaded or cordoned of by suitable means to avoid mishaps of any kind.
Proper warning signs should be displayed for the safety of the public whenever cleaning works are
undertaken during night or day.

HPPWD EE Contractor
 (g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.
(h) The malba obtained on account of cleaning of blocked manholes and sewer lines should be
immediately removed to avoid accidents on account of slippery nature of the malba.
(i) Workers should not be allowed to work inside the manhole continuously. He should be given rest
intermittently. The Engineer-in-Charge shall decide the time up to which a worker may be allowed
to work continuously inside the manhole.
(j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.
(k) Air-blowers should be used for flow of fresh air through the manholes. Whenever called for, portable
air blowers are recommended for ventilating the manholes. The Motors for these shall be vapour
proof and of totally enclosed type. Non sparking gas engines also could be used but they should be
placed at least 2 metres away from the opening and on the leeward side protected from wind so
that they will not be a source of friction on any inflammable gas that might be present.
(l) The workers engaged for cleaning the manholes/sewers should be properly trained before allowing
to work in the manhole.
(m) The workers shall be provided with Gumboots or non sparking shoes bump helmets and gloves non
sparking tools safety lights and gas masks and portable air blowers (when necessary). They must
be supplied with barrier cream for anointing the limbs before working inside the sewer lines.
(n) Workmen descending a manhole shall try each ladder stop or rung carefully before putting his full
weight on it to guard against insecure fastening due to corrosion of the rung fixed to manhole well.
(o) If a man has received a physical injury, he should be brought out of the sewer immediately and
adequate medical aid should be provided to him.
(p) The extent to which these precautions are to be taken depend on individual situation but the
decision of the Engineer-in-Charge regarding the steps to be taken in this regard in an individual
case will be final.
(vi) The Contractor shall not employ men and women below the age of 18 years on the work of painting with
products containing lead in any form. Wherever men above the age of 18 are employed on the work of lead
painting, the following precaution should be taken:-
(a) No paint containing lead or lead products shall be used except in the form of paste or ready made
paint.
(b) Suitable face masks should be supplied for use by the workers when paint is applied in the form of
spray or a surface having lead paint is dry rubbed and scrapped.
(c) Overalls shall be supplied by the contractors to the workmen and adequate facilities shall be
provided to enable the working painters to wash during and on the cessation of work.
(vii) Workmen executing work on scaffolds or other structures above specified height shall be provided with
full body harness and fall arresters.
9. An additional clause (viii)(i) of Himachal Pradesh Public Works Department Safety Code (iv) the Contractor
shall not employ women and men below the age of 18 on the work of painting with product containing lead in
any form, wherever men above the age of 18 are employed on the work of lead painting, the following
principles must be observed for such use :
(i) White lead, sulphate of lead or product containing these pigment, shall not be used in painting operation
except in the form of pastes or paint ready for use.
(ii) Measures shall be taken, wherever required in order to prevent danger arising from the application of a
paint in the form of spray.

HPPWD EE Contractor
 (iii) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust caused by dry
rubbing down and scraping.
(iv) Adequate facilities shall be provided to enable working painters to wash during and on cessation of work.
(v) Overall shall be worn by working painters during the whole of working period.
(vi) Suitable arrangement shall be made to prevent clothing put off during working hours being spoiled13 by
painting materials.
(vii) Cases of lead poisoning and suspected lead poisoning shall be notified and shall be subsequently verified
by medical man appointed by competent authority of HPPWD.
(viii) HPPWD may require, when necessary medical examination of workers.
(ix) Instructions with regard to special hygienic precautions to be taken in the painting trade shall be distributed
to working painters.
10. When the work is done near any place where there is risk of drowning, all necessary equipments should be
provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and
adequate provision, should be made for prompt first aid treatment of all injuries likely to be obtained during the
course of the work.
11. Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform to the
following standards or conditions :-
(i) (a) These shall be of good mechanical construction, sound materials and adequate strength and
free from patent defects and shall be kept repaired and in good working order.
(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of
durable quality and adequate strength, and free from patent defects.
(ii) Every crane driver or hoisting appliance operator, shall be properly qualified and no person under the age
of 21 years should be in charge of any hoisting machine including any scaffolding winch or give signals to
operator.
(iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block used in
hoisting or as means of suspension, the safe working load shall be ascertained by adequate means.
Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load.
In case of a hoisting machine having a variable safe working load each safe working load and the condition
under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above
in this paragraph shall be loaded beyond the safe working load except for the purpose of testing.
(iv) In case of departmental machines, the safe working load shall be notified by the Electrical Engineer-in-
Charge. As regards contractor’s machines the contractors shall notify the safe working load of the machine
to the Engineer-in-Charge whenever he brings any machinery to site of work and get it verified by the
Electrical Engineer concerned.
12. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be
provided with efficient safeguards. Hoisting appliances should be provided with such means as will reduce to
the minimum the risk of accidental descent of the load. Adequate precautions should be taken to reduce to
the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are
employed on electrical installations which are already energized, insulating mats, wearing apparel, such as
gloves, sleeves and boots as may be necessary should be provided. The worker should not wear any rings,
watches and carry keys or other materials which are good conductors of electricity.

HPPWD EE Contractor
13. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe
condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing
facilities should be provided at or near places of work.
14. These safety provisions should be brought to the notice of all concerned by display on a notice board at a
prominent place at work spot. The person responsible for compliance of the safety code shall be named
therein by the contractor.
15. To ensure effective enforcement of the rules and regulations relating to safety precautions the arrangements
made by the contractor shall be open to inspection by the Labour Officer or Engineer-in-Charge of the department
or their representatives.
16. Notwithstanding the above clauses from (1) to (15), there is nothing in these to exempt the contractor from the
operations of any other Act or Rule in force in the State.

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 Model Rules for the Protection of Health and Sanitary Arrangements for Workers
Employed by H.P. P.W.D. or its Contractors

1. APPLICATION
These rules shall apply to all buildings and construction works in charge of Himachal Pradesh Public Works
Department in which twenty or more workers are ordinarily employed or are proposed to be employed in any
day during the period during which the contract work is in progress.

2. DEFINITION
Work place means a place where twenty or more workers are ordinarily employed in connection with construction
work on any day during the period during which the contract work is in progress.

3. FIRST-AID FACILITIES
(i) At every work place, there shall be provided and maintained, so as to be easily accessible during working
hours, first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarily
employed.
(ii) The first-aid box shall be distinctly marked with a red cross on white back ground and shall contain the
following equipment:-
(a) For work places in which the number of contract labour employed does not exceed 50- Each first-aid
box shall contain the following equipments :-
1. 6 small sterilised dressings.
2. 3 medium size sterilised dressings.
3. 3 large size sterilised dressings.
4. 3 large sterilised burn dressings.
5. 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine.
6. 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on
the label.
7. 1 snakebite lancet.
8. 1 (30 gms.) bottle of potassium permanganate crystals.
9. 1 pair scissors.
10. 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour
Institutes, Government of India.
11. 1 bottle containing 100 tablets (each of 5 gms.) of aspirin.
12. Ointment for burns.
13. A bottle of suitable surgical antiseptic solution.
(b) For work places in which the number of contract labour exceed 50.
Each first-aid box shall contain the following equipments.
1. 12 small sterilised dressings.
2. 6 medium size sterilised dressings.
3. 6 large size sterilised dressings.

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 4. 6 large size sterilised burn dressings.
5. 6 (15 gms) packets sterilised cotton wool.
6. 1 (60 ml.) bottle containing a two per cent alcoholic solution iodine.
7. 1 (60 ml.) bottle containing salvolatile having the dose and mode of administration indicated on
the label.
8. 1 roll of adhesive plaster.
9. 1 snake bite lancet.
10. 1 (30 gms.) bottle of potassium permanganate crystals.
11. 1 pair scissors.
12. 1 copy of the first-aid leaflet issued by the Director General Factory Advice Service and Labour
Institutes /Government of India.
13. A bottle containing 100 tablets (each of 5 gms.) of aspirin.
14. Ointment for burns.
15. A bottle of suitable surgical antiseptic solution.
(iii) Adequate arrangements shall be made for immediate recoupment of the equipment when necessary.
(iv) Nothing except the prescribed contents shall be kept in the First-aid box.
(v) The first-aid box shall be kept in charge of a responsible person who shall always be readily available
during the working hours of the work place.
(vi) A person in charge of the First-aid box shall be a person trained in First-aid treatment in the work places
where the number of contract labour employed is 150 or more.
(vii) In work places where the number of contract labour employed is 500 or more and hospital facilities are not
available within easy distance from the works. First-aid posts shall be established and run by a trained
compounder. The compounder shall be on duty and shall be available at all hours when the workers are at
work.
(viii) Where work places are situated in places which are not towns or cities, a suitable motor transport shall be
kept readily available to carry injured person or person suddenly taken ill to the nearest hospital.

4. DRINKING WATER
(i) In every work place, there shall be provided and maintained at suitable places, easily accessible to labour,
a sufficient supply of cold water fit for drinking.
(ii) Where drinking water is obtained from an Intermittent public water supply, each work place shall be provided
with storage where such drinking water shall be stored.
(iii) Every water supply or storage shall be at a distance of not less than 50 feet from any latrine drain or other
source of pollution. Where water has to be drawn from an existing well which is within such proximity of
latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn
from it for drinking. All such wells shall be entirely closed in and be provided with a trap door which shall be
dust and waterproof.
(iv) A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and opened only for
cleaning or inspection which shall be done at least once a month.

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5. WASHING FACILITIES
(i) In every work place adequate and suitable facilities for washing shall be provided and maintained for the
use of contract labour employed therein.
(ii) Separate and adequate cleaning facilities shall be provided for the use of male and female workers.
(iii) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.

6. LATRINES AND URINALS

(i) Latrines shall be provided in every work place on the following scale namely :-
(a) Where female are employed, there shall be at least one latrine for every 25 females.
(b) Where males are employed, there shall be at least one latrine for every 25 males.
Provided that, where the number of males or females exceeds 100, it shall be sufficient if there is one
latrine for 25 males or females as the case may be upto the first 100, and one for every 50 thereafter.
(ii) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door
and fastenings.
(iii) Construction of latrines: The inside walls shall be constructed of masonry or some suitable heat-resisting
nonabsorbent materials and shall be cement washed inside and outside at least once a year, Latrines
shall not be of a standard lower than borehole system.
(iv) (a) Where workers of both sexes are employed, there shall be displayed outside each block of latrine
and urinal, a notice in the language understood by the majority of the workers “For Men only” or “For
Women Only” as the case may be.
(b) The notice shall also bear the figure of a man or of a woman, as the case may be.
(v) There shall be at least one urinal for male workers up to 50 and one for female workers upto fifty
employed at a time, provided that where the number of male or female workmen, as the case may be
exceeds 500, it shall be sufficient if there is one urinal for every 50 males or females upto the first 500
and one for every 100 or part thereafter.
(vi) (a) The latrines and urinals shall be adequately lighted and shall be maintained in a clean and sanitary
condition at all times.
(b) Latrines and urinals other than those connected with a flush sewage system shall comply with the
requirements of the Public Health Authorities.
(vii) Water shall be provided by means of tap or otherwise so as to be conveniently accessible in or near the
latrines and urinals.
(viii) Disposal of excreta :- Unless otherwise arranged for by the local sanitary authority, arrangements for
proper disposal of excreta by incineration at the work place shall be made by means of a suitable incinerator.
Alternately excreta may be disposed of by putting a layer of night soil at the bottom of a pucca tank
prepared for the purpose and covering it with a 15 cm. layer of waste or refuse and then covering it with a
layer of earth for a fortnight (when it will turn to manure).
(ix) The contractor shall at his own expense, carry out all instructions issued to him by the Engineer-in-Charge
to effect proper disposal of night soil and other conservancy work in respect of the contractor’s workmen or
employees on the site. The contractor shall be responsible for payment of any charges which may be
levied by Municipal or Cantonment Authority for execution of such on his behalf.

HPPWD EE Contractor
7. PROVISION OF SHELTER DURING REST
At every place there shall be provided, free of cost, four suitable sheds, two for meals and the other two for rest
separately for the use of men and women labour. The height of each shelter shall not be less than 3 meters (10
ft.) from the floor level to the lowest part of the roof. These shall be kept clean and the space provided shall be on
the basis of 0.6 sq.m. (6 sft) per head.
Provided that the Engineer-in-Charge may permit subject to his satisfaction, a portion of the building under
construction or other alternative accommodation to be used for the purpose.

8. CRECHES
(i) At every work place, at which 20 or more women worker are ordinarily employed, there shall be provided
two rooms of reasonable dimensions for the use of their children under the age of six years. One room shall
be used as a play room for the children and the other as their bedroom. The rooms shall be constructed
with specifications as per clause 19H (ii) a,b & c.
(ii) The rooms shall be provided with suitable and sufficient openings for light and ventilation. There shall be
adequate provision of sweepers to keep the places clean.
(iii) The contractor shall supply adequate number of toys and games in the play room and sufficient number of
cots and beddings in the bed room.
(iv) The contractor shall provide one ayaa to look after the children in the crèche when the number of women
workers does not exceed 50 and two when the number of women workers exceed 50.
(v) The use of the rooms earmarked as crèches shall be restricted to children, their attendants and mothers of
the children.

9. CANTEENS
(i) In every work place where the work regarding the employment of contract labour is likely to continue for six
months and where in contract labour numbering one hundred or more are ordinarily employed, an adequate
canteen shall be provided by the contractor for the use of such contract labour.
(ii) The canteen shall be maintained by the contractor in an efficient manner.
(iii) The canteen shall consist of at least a dining hall, kitchen, storeroom, pantry and washing places separately
for workers and utensils.
(iv) The canteen shall be sufficiently lighted at all times when any person has access to it.
(v) The floor shall be made of smooth and impervious materials and inside walls shall be lime-washed or colour
washed at least once in each year.
Provided that the inside walls of the kitchen shall be lime-washed every four months.
(vi) The premises of the canteen shall be maintained in a clean and sanitary condition.
(vii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as
to cause a nuisance.
(viii) Suitable arrangements shall be made for the collection and disposal of garbage.
(ix) The dining hall shall accommodate at a time 30 per cent of the contract labour working at a time.
(x) The floor area of the dining hall, excluding the area occupied by the service counter and any furniture
except tables and chairs shall not be less than one square metre (10 sft) per diner to be accommodated as
prescribed in sub-Rule 9.

HPPWD EE Contractor
 (xi) (a) A portion of the dining hall and service counter shall be partitioned off and reserved for women
workers in proportion to their number.
(b) Washing places for women shall be separate and screened to secure privacy.
(xii) Sufficient tables stools, chair or benches shall be available for the number of diners to be accommodated
as prescribed in sub-Rule 9.
(xiii) (a) 1. There shall be provided and maintained sufficient utensils crockery, furniture and any other
equipments necessary for the efficient running of the canteen.
2. The furniture utensils and other equipment shall be maintained in a clean and hygienic condition.
(b) 1. Suitable clean clothes for the employees serving in the canteen shall be provided and maintained.
2. A service counter, if provided, shall have top of smooth and impervious material.
3. Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of
utensils and equipments.
(xiv) The food stuffs and other items to be served in the canteen shall be in conformity with the normal habits of
the contract labour.
(xv) The charges for food stuffs, beverages and any other items served in the canteen shall be based on ‘No
profit, No loss’ and shall be conspicuously displayed in the canteen.
(xvi) In arriving at the price of foodstuffs, and other article served in the canteen, the following items shall not be
taken into consideration as expenditure namely:-
(a) The rent of land and building.
(b) The depreciation and maintenance charges for the building and equipments provided for the canteen.
(c) The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery
and utensils.
(d) The water charges and other charges incurred for lighting and ventilation.
(e) The interest and amounts spent on the provision and maintenance of equipments provided for the
canteen.
(xvii) The accounts pertaining to the canteen shall be audited once every 12 months by registered accountants
and auditors.

10. ANTI-MALARIAL PRECAUTIONS

The contractor shall at his own expense, conform to all anti-malarial instructions given to him by the Engineer-
in-Charge including the filling up of any borrow pits which may have been dug by him.

11. The above rules shall be incorporated in the contracts and in notices inviting tenders and shall form an integral
part of the contracts.

12. AMENDMENTS
Government may, from time to time, add to or amend these rules and issue directions - it may consider necessary
for the purpose of removing any difficulty which may arise in the administration thereof.

HPPWD EE Contractor
 HP Contract Labour Regulations

1. SHORT TITLE
These regulations may be called the HP PWD Contractors Labour Regulations.

2. DEFINITIONS
(i) Workman means any person employed by HP PWD or its contractor directly or indirectly through a
subcontractor with or without the knowledge of the Himachal Pradesh Public Works Department to do
any skilled, semiskilled or unskilled manual, supervisory, technical or clerical work for hire or reward,
whether the terms of employment are expressed or implied but does not include any person :-
(a) Who is employed mainly in a managerial or administrative capacity : or
(b) Who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per
mensem or exercises either by the nature of the duties attached to the office or by reason of powers
vested in him, functions mainly of managerial nature: or
(c) Who is an out worker, that is to say, person to whom any article or materials are given out by or on
behalf of the principal employers to be made up cleaned, washed, altered, ornamental finished,
repaired adopted or otherwise processed for sale for the purpose of the trade or business of the
principal employers and the process is to be carried out either in the home of the out worker or in
some other premises, not being premises under the control and management of the principal employer.
No person below the age of 14 years shall be employed to act as a workman.
(ii) Fair Wages means wages whether for time or piece work fixed and notified under the provisions of the
Minimum Wages Act from time to time.
(iii) Contractors shall include every person who undertakes to produce a given result other than a mere supply
of goods or articles of manufacture through contract labour or who supplies contract labour for any work
and includes a subcontractor.
(iv) Wages shall have the same meaning as defined in the Payment of Wages Act.

3. (i) Normally working hours of an adult employee should not exceed 9 hours a day. The working day shall be
so arranged that inclusive of interval for rest, if any, it shall not spread over more than 12 hours on any day.
(ii) When an adult worker is made to work for more than 9 hours on any day or for more than 48 hours in any
week, he shall be paid over time for the extra hours put in by him at double the ordinary rate of wages.
(iii) (a) Every worker shall be given a weekly holiday normally on a Sunday, in accordance with the
provisions of the Minimum Wages (Central) Rules 1960 as amended from time to time irrespective of
whether such worker is governed by the Minimum Wages Act or not.
(b) Where the minimum wages prescribed by the Government under the Minimum Wages Act are not
inclusive of the wages for the weekly day of rest, the worker shall be entitled to rest day wages at the
rate applicable to the next preceding day, provided he has worked under the same contractor for a
continuous period of not less than 6 days.
(c) Where a contractor is permitted by the Engineer-in-Charge to allow a worker to work on a normal
weekly holiday, he shall grant a substituted holiday to him for the whole day on one of the five days
immediately before or after the normal weekly holiday and pay wages to such worker for the work
performed on the normal weekly holiday at overtime rate.

HPPWD EE Contractor
4. DISPLAY OF NOTICE REGARDING WAGES ETC.
The contractor shall before he commences his work on contract, display and correctly maintain and continue to
display and correctly maintain in a clear and legible condition in conspicuous places on the work, notices in
English and in the local Indian languages spoken by the majority of the workers giving the minimum rates of
wages fixed under Minimum Wages Act, the actual wages being paid, the hours of work for which such wage are
earned, wages periods, dates of payments of wages and other relevant information as per Appendix ‘III’.

5. PAYMENT OF WAGES
(i) The contractor shall fix wage periods in respect of which wages shall be payable.
(ii) No wage period shall exceed one month.
(iii) The wages of every person employed as contract labour in an establishment or by a contractor where less
than one thousand such persons are employed shall be paid before the expiry of seventh day and in other
cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are
payable.
(iv) Where the employment of any worker is terminated by or on behalf of the contractor the wages earned by
him shall be paid before the expiry of the second working day from the date on which his employment is
terminated.
(v) All payment of wages shall be made on a working day at the work premises and during the working time
and on a date notified in advance and in case the work is completed before the expiry of the wage period,
final payment shall be made within 48 hours of the last working day.
(vi) Wages due to every worker shall be paid to him direct by contractor through Bank or ECS or online transfer
to his bank account.
(vii) All wages shall be paid through Bank or ECS or online transfer.
(viii) Wages shall be paid without any deductions of any kind except those specified by the State Government
by general or special order in this behalf or permissible under the Payment of Wages Act 1956.
(ix) A notice showing the wages period and the place and time of disbursement of wages shall be displayed at
the place of work and a copy sent by the contractor to the Engineer-in-Charge under acknowledgment.
(x) It shall be the duty of the contractor to ensure the disbursement of wages through bank account of labour.
(xi) The contractor shall obtain from the Junior Engineer or any other authorised representative of the Engineer-
in-Charge as the case may be, a certificate under his signature at the end of the entries in the “Register of
Wages” or the “Wage-cum-Muster Roll” as the case may be in the following form:-
(xii) “Certified that the amount shown in column No ................................ has been paid to the workman
concerned through bank account of labour on ................................ at………”

6. FINES AND DEDUCTIONS WHICH MAY BE MADE FROM WAGES

(i) The wages of a worker shall be paid to him without any deduction of any kind except the following:-
(a) Fines
(b) Deductions for absence from duty i.e. from the place or the places where by the terms of his
employment he is required to work. The amount of deduction shall be in proportion to the period for
which he was absent.
(c) Deduction for damage to or loss of goods expressly entrusted to the employed person for custody or
for loss of money or any other deduction which he is required to account, where such damage or loss
is directly attributable to his neglect or default.

HPPWD EE Contractor
 (d) Deduction for recovery of advances or for adjustment of overpayment of wages, advances granted
shall be entered in a register.
(e) Any other deduction which the State Government may from time to time allow.
(ii) No fines should be imposed on any worker save in respect of such acts and omissions on his part as have
been approved of by the Chief Labour Commissioner.
Note: - An approved list of Acts and Omissions for which fines can be imposed is enclosed at Appendix-X.
(iii) No fine shall be imposed on a worker and no deduction for damage or loss shall be made from his wages
until the worker has been given an opportunity of showing cause against such fines or deductions.
(iv) The total amount of fine which may be imposed in any one wage period on a worker shall not exceed an
amount equal to three paise in a rupee of the total wages, payable to him in respect of that wage period.
(v) No fine imposed on any worker shall be recovered from him by instalment, or after the expiry of sixty days
from the date on which it was imposed.
(vi) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it
was imposed.

7. LABOUR RECORDS
(i) The contractor shall maintain a Register of persons employed on work on contract in Form XIII of the CL
(R&A) Central Rules 1971 (Appendix IV).
(ii) The contractor shall maintain a Muster Roll register in respect of all workmen employed by him on the work
under Contract in Form XVI of the CL (R&A) Rules 1971 (Appendix V).
(iii) The contractor shall maintain a Wage Register in respect of all workmen employed by him on the work
under contract in Form XVII of the CL (R&A) Rules 1971 (Appendix VI).
(iv) Register of accident - The contractor shall maintain a register of accidents in such form as may be
convenient at the work place but the same shall include the following particulars:
(a) Full particulars of the labourers who met with accident.
(b) Rate of Wages.
(c) Sex.
(d) Age.
(e) Nature of accident and cause of accident.
(f) Time and date of accident.
(g) Date and time when admitted in Hospital.
(h) Date of discharge from the Hospital.
(i) Period of treatment and result of treatment.
(j) Percentage of loss of earning capacity and disability as assessed by Medical Officer.
(k) Claim required to be paid under Workmen’s Compensation Act.
(l) Date of payment of compensation.
(m) Amount paid with details of the person to whom the same was paid.
(n) Authority by whom the compensation was assessed.
(o) Remarks.

HPPWD EE Contractor
 (v) The contractor shall maintain a Register of Fines in the Form XII of the CL (R&A) Rules 1971 (Appendix-XI).
The contractor shall display in a good condition and in a conspicuous place of work the approved list of
acts and omissions for which fines can be imposed (Appendix-X).
(vi) The contractor shall maintain a Register of deductions for damage or loss in Form XX of the CL (R&A)
Rules 1971 (Appendix-XII).
(vii) The contractor shall maintain a Register of Advances in Form XXIII of the CL (R&A) Rules 1971
(Appendix-XIII).
(viii) The contractor shall maintain a Register of Overtime in Form XXIII of the CL (R&A) Rules 1971
(Appendix-XIV).

6. ATTENDANCE CARD-CUM-WAGE SLIP

(i) The contractor shall issue an Attendance card-cum-wage slip to each workman employed by him in the
specimen form at (Appendix-VII).
(ii) The card shall be valid for each wage period.
(iii) The contractor shall mark the attendance of each workman on the card twice each day, once at the
commencement of the day and again after the rest interval, before he actually starts work.
(iv) The card shall remain in possession of the worker during the wage period under reference.
(v) The contractor shall complete the wage slip portion on the reverse of the card at least a day prior to the
disbursement of wages in respect of the wage period under reference.
(vi) The contractor shall obtain the signature or thumb impression of the worker on the wage slip at the time of
disbursement of wages and retain the card with himself.

9. EMPLOYMENT CARD
The contractor shall issue an Employment Card in Form XIV of the CL (R&A) Central Rules 1971 to each worker
within three days of the employment of the worker (Appendix-VIII).

10. SERVICE CERTIFICATE

On termination of employment for any reason whatsoever the contractor shall issue to the workman whose
services have been terminated, a Service certificate in Form XV of the CL (R&A) Central Rules 1971
(Appendix-IX)

11. PRESERVATION OF LABOUR RECORDS

All records required to be maintained under Regulations Nos. 6 & 7 shall be preserved in original for a period of
three years from the date of last entries made in them and shall be made available for inspection by the
Engineer-in-Charge or Labour Officer or any other officers authorised by the State Govt. in this behalf.

12. POWER OF LABOUR OFFICER TO MAKE INVESTIGATIONS OR ENQUIRY

The Labour Officer or any person authorised by the State Government on their behalf shall have power to
make enquires with a view to ascertaining and enforcing due and proper observance of Fair Wage Clauses
and the Provisions of these Regulations. He shall investigate into any complaint regarding the default made
by the contractor or subcontractor in regard to such provision.

HPPWD EE Contractor
13. REPORT OF LABOUR OFFICER
The Labour Officer or other persons authorised as aforesaid shall submit a report of result of his investigation or
enquiry to the Executive Engineer concerned indicating the extent, if any, to which the default has been committed
with a note that necessary deductions from the contractor’s bill be made and the wages and other dues be paid
to the labourers concerned. In case an appeal is made by the contractor under Clause 13 of these regulations,
actual payment to labourers will be made by the Executive Engineer after the Superintending Engineer has given
his decision on such appeal.
(i) The Executive Engineer shall arrange payments to the labour concerned within 45 days from the receipt of
the report form the Labour Officer or the Superintending Engineer as the case may be.

14. APPEAL AGAINST THE DECISION OF LABOUR OFFICER

Any person aggrieved by the decision and recommendations of the Labour Officer or other person so authorised
may appeal against such decision to the Superintending Engineer concerned within 30 days from the date of
decision, forwarding simultaneously a copy of his appeal to the Executive Engineer concerned but subject to
such appeal, the decision of the officer shall be final and binding upon the contractor.

15. PROHIBITION REGARDING REPRESENTATION THROUGH LAWYER

(i) A workman shall be entitled to be represented in any investigation or enquiry under these regulations by:-
(a) An officer of a registered trade union of which he is a member.
(b) An officer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated.
(c) Where the employer is not a member of any registered trade union, by an officer of a registered trade
union, connected with the industry in which the worker is employed or by any other workman employed
in the industry in which the worker is employed.
(ii) An employer shall be entitled to be represented in any investigation or enquiry under these regulations
by :-
(a) An officer of an association of employers of which he is a member.
(b) An officer of a federation of associations of employers to which association referred to in clause (a)
is affiliated.
(c) Where the employers is not a member of any association of employers, by an officer of association
of employer connected with the industry in which the employer is engaged or by any other employer,
engaged in the industry in which the employer is engaged.
(iii) No party shall be entitled to be represented by a legal practitioner in any investigation or enquiry under
these regulations.

16. INSPECTION OF BOOKS AND SLIPS

The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at
a convenient time and place after due notice is received or to the Labour Officer or any other person, authorised
by the State Government on his behalf.

17. SUBMISSIONS OF RETURNS

The contractor shall submit periodical returns as may be specified from time to time.

18. AMENDMENTS
The State Government may from time to time add to or amend the regulations and on any question as to the
application/Interpretation or effect of those regulations the decision of the Superintending Engineer concerned
shall be final.

HPPWD EE Contractor
 Ikfjf”k’V@Appendix-I’
Izklwfr izlqfo/kkvksa dk jftLVªj ¼Bsds dh ”krksZ dk [k.M 19&
p½
REGISTER OF MATERNITY BENEFITS (Clasue19 F)
Bsdsnkj dk uke vkSj irk
Name and address of the contractor ------------------------------------------------------------------------------
dk;Z dk uke vkSj fLFkfr
Name and location of the work------------------------------------------------------------------------------------
deZpkjh dk firk@ifr dk fu;kstu dk okLrfod Rkkjh[k ftldks
uke uke LOk:i fUk;qfDr dh izlokoLFkk dh
vof/k lwpuk nh xbZ

Name of the Father’s/ Nature of Period of Date on which notice of

employee husband’s employment actual confinement given
name employment
__________________________________________________________________________________
1 2 3 4 5
__________________________________________________________________________________

__________________________________________________________________________________
__________________________________________________________________________________
Rkkjh[k ftldks izlqfr NqV`Vh izkjEHk gqbZ vkSj lekIr g`bZ
Date on which maternity leave commenced and ended

izlo@xHkZikr izlo dh n”kk esa xHkZikr dh n”kk

dh rkjh[k In case of devivery esa
Date of delivery/ In case of miscarriage

miscarriage izkjEHk gqbZ lekIr gqbZ

izkjEHk gqbZ lekIr gqbZ
Commenced Ended Commenced Ended
__________________________________________________________________________________
6 7 8 9 10
__________________________________________________________________________________

_________________________________________________________________________________
________________________________________________________________________________

deZpkjh dk lnÙk NqV`Vh osru

Leave pay paid to the employee

izlo dh n”kk xHkZikr dh n”kk fVIIkf.k;kS

esa esa Remarks
In case of delivery In case of miscarriage

NqV`Vh osru dh nj lanÙk jde NqV`Vh osru dh nj

lanÙk jde
Rae of leave pay Amount paid Rate of leave pay Amount paid
__________________________________________________________________________________
11 12 13 14 15

HPPWD EE Contractor
__________________________________________________________________________________

_________________________________________________________________________________

HPPWD EE Contractor
 ifjf”k’V@Appendix’II’

fg 0 iz0 yks0 fu0 fo0 ds dk;ksZ esa Bsdsnkjksa ds Jfedksa dks Lohdk;Z izlwfr
izlqfo/kksa ds ckjs esa jftLVªj dk uewuk izk:i
SPECIMEN FORM OF THE REGISTER, REGARDING
MATERNITY BENEFIT ADMISSIBLE TO THE CONTRACTOR’S LABOUR
IN HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT.
Bsdsnkj dk uke vkSj irk
Name and address of the contractor --------------------------------------------------------------------------------------------------------------------------------
---------------------------
dk;Z dk uke vkSj fLFkfr
Name and location of the work -----------------------------------------------------------------------------------------------------------------------------------
----------------------------------
1. L=h dk uke vkSj mlds ifr dk uke

Name of the woman and her husband’s name

2. Ikn uke
3. Designation
4. fu;qfDr dh rkjh[k

Date of appointment
5. ekl vkSj o’kksZ lfgr og rkjh[k ftldks mls fu;qDr fd;k x;k

Date with months and years in which she is employed

6. lsokUeqDr @inP;qr fd;s tkus dh rkjh[k] ;fn dksbZ gks

Date of discharge/dismissal, if any.

7. xHkZ/kkj.k ds ckcr izek.k i= is”k fd, tkus dh rkjh[k

Date of production of certificates in respect of pregnancy.

8. Okg rkjh[k ftldks L=h izR;kf”kr izlo ds ckjs esa bfÙkyk nsrh gS

Date on which the woman informs about the expected delivery.

9. izlo@xHkZikr@e`R;q gksus dh rkjh[k

Date of delivery /miscarriage/death

10. izlo@xHkZikr@laca/kh izek.k i= fd;s tkus dh rkjh[k

Date of production of certificate in respect of delivery/miscarriage.

11. izR;kf”kr izlo ls iwoZ lanÙk izlwfr@e`R;q izlqfo/kk dh jde vkSj mldh rkjh[k

Date with the amount of maternity/ death benefit paid in advance of expected delivery.
12. Ikzlwfr izlqfo/kk ds Ik”pkrorhZ lank; dh jde vkSj mldh rkjh[k

Date with amount of subsequent payment of maternity benefit.

13. L=h ds e`R;q ds ckn mldh izlwfr izlqfo/kk dk lank; izkIr djus ds fy, ml L=h }kjk uke funZsf”kr O;fDr dk uke

Name of the person nominated by the woman to receive the payment of the maternity benefit after her death.
14. ;fn efgyk dh e`R;q gks tkrh gS rks mldh e`R;q dh rkjh[k] ml O;fDr dk uke] ftldks izlwfr izlqfo/kk dh jde lanÙk dh xbZ] lank; dh rkjh[k vkSj ekl

If the woman dies, the date of her death, the name of the person to whom maternity benefit
amount was paid, the month thereof and the date of payment.
15. jftLVj dh izfof’V;ksa dks vf/kizekf.kr djrs gq, Bsdsnkj ds gLrk{kj

Signature of the contractor authenticating entries in the register.

16. fujh{kd vkfQlj ds mi;ksx ds fy, fVIi.kh LrEHk

Remarks column for the use of Inspecting Officer.

 Ikfjf”k’V@Appendix’III’
Je cksMZ
Labour Board
dk;Z dk uke-------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------
Name of work
Bsdsnkj dk uke----------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Name of contractor
Bsdsnkj dk irk----------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Address of the contractor
fg 0 iz0 yks0 fu0 foHkkx ds eaMy dk uke o irk --------------------------------------------------------------------------------------------
-------------------------------------------
Name and address of H.P. P.W.D. Division
fg 0 iz0 yks0 fu0 foHkkx ds Je vf/kdkjh dk uke -------------------------------------------------------------------------------------------
--------------------------------------------
Name of H.P. P.W.D. Labour Officer
fg 0 iz0 yks0 fu0 foHkkx ds Je vf/kdkjh dk irk -------------------------------------------------------------------------------------------
--------------------------------------------
Address of P.W.D. Labour Officer
Je dk;kZUo;u vf/kdkjh dk uke ------------------------------------------------------------------------------------------------------------
-------------------------
Name of Labour Enforcement Officer
Je dk;kZUo;u vf/kdkjh dk irk -------------------------------------------------------------------------------------------------------------
------------------------
Address of Labour Enforcement Officer

Øe la[;k Sl. No. U;qure fu/kkZfjr etnwjh

Js.kh Category Hkqxrku dh xbZ okLrfod orZeku la[;k fVIi.kh
Minimum wage fixed etnwjh Number present Remarks
Actual wage paid

lkIrkfgd NqV`Vh --------------------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------
Weekly holiday
Ektnwjh dh vof/k -------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------
 Wage period
Ektnwjh ds Hkqxrku dh rkjh[k--------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------
Date of payment of wages
dke ds ?kaVs------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------
Working hours
vkjke dk e/;kUrj -------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
Rest interval

QkeZ 13 Form-XIII ¼d`I;k fu;e 75 ns[ks½a (See Rule 75) Ikfjf”k’V@Appendix’IV’

Bsdsnkj }kjk yxk;s x, etnwjkssa dk jftLVj

Register of Workmen Employed by Contractor

Bsdsnkj dk uke o irk k------------------------------- -----------------------------------------------------------------------------------------------------------------------------
------------------------------------------------
Name and address of contractor
dk;Zky; dk uke o irk ftlds v/khu Bsdk py jgk g--------------------------------------------------------------------------------------------------------------------------
----------------------
Name and address of establishment under which contract is carried on
dk;Z dk Lo:Ik o LFkku ------------------------------ --------------------------------------------------------------------------------------------------------------------------------
---------------------------------------
Natureandlocationofwork
eq[; fu;ksDrk dk uke o irk --- --------------------------------------------------------------------------------------------------------------------------------------------
--------------------------- Name and address of Principal Employer
81
Ø0 etnwj dk vk;q firk@ifr dk dk;Z dk Ektnwj dk LFkk;h x`g LFkkuh; ukSdjh Ektnwj ds ukSdjh ls cj[kkLr fVIi.kh
rFkk uke Lo:i@in dk irk ¼xkao o rglhy irk vkjEHk gLrk{kj@ cj[kkLr djus
la[; uke
fyax uke rkYyqd vkSj ftyk ½ gksus dh vaxwBs dk djus dh ds dkj.k
k rkjh[k fu”kku rkjh[k
Permanent home address of
Father’s/ Nature of the workman (Village and Local Date of Remarks
Sl. Name and Age and Husband’s employment/ Tehsil, Taluk and District address Date of Signature of termination of Reasons for
Sex name designation commence-ment thumb employment termination
No. Surname of
of employment impression of the
workman workman

1 2 3 4 5 6 7 8 9 10 11 12

Ikfjf”k’V@Appendix’V’
QkeZ 16 Form-XVI ¼ÑIk;k fu;e 78 ¼2½ ¼d½ ns[ksa½ (See Rule 78 (2)(a))
EkLVj jksy Muster Roll
Bsdsnkj dk uke o irk ------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------
------------------------------------------------------------
Name and address of contractor
dk;kZy; dk uke vkSj irk ftlds v/khu Bsdk py jgk gS -----------------------------------------------------
--------------------------------------------------------------------------------------------
Name and address of establishment under which contract is carried on
dk;Z dk Lo:i o LFkku ------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------
-------------------------------------------------
 Name and location of work
Ekq[; fu;ksDrk dk uke o irk -----------------------------------------------------------------------------
---------------------------------------eghus Ik{k ds fy,---------------- --------------------------------
------------------------------
Name and address of Principal Employer For the Month of fortnight
Ø0 etnwj dk fyax firk@ifr dk fnukad fVIi.kh
uke
la[;k uke
Sl. No. Sex Dates Remarks
Father’s/Husband’s
Name of
name
workman
1 2 3 4 5 6
1 2 3 4 5

Ikfjf”k’V@Appendix’VI’
QkeZ 17 Form-XVII ¼ÑIk;k fu;e 78 ¼2½ ¼d½ ns[ksa½ (See Rule 78 (2)(a))
Ektnwjh jftLVj Register of wages
Bsdsnkj dk uke o irk -----------------------------------------------------------------------------------------------------------------------------------------
83

--------------------------------------------------------------------------------------------------------------------------------------------------------------
 ---------
Name and address of contractor
dk;kZy; dk uke o irk ftlds v/khu Bsdk py jgk gS -------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------
Name and address of establishment under which contract is carried on
dk;Z dk Lo:i o LFkku -----------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------------
-------
Name and location of work
Ekq[; fu;ksDrk dk uke o irk ----------------------------------------------------------------------------------------------------------------------------------
---------------------------------etnwjh dh vof/k % ekfld ;k ikf{kd--------------------------------------------------------
Name and address of Principal Employer…………………………………………………… wages Period: Monthly/Fortnight
Dh xbZ etnwjh dh jde Amount of wages earned

Oklwyh] ;fn Hkqxrku dh Ektnwj ds Bsdsnkj vFkok

Ektnwjksa fd, x, dk;Z dk
Ø0 etnwj dk ftrusa fd, x, Ektnwjh dh Ewky egxkbZ HkÙkk Lke;ksifj vU; udn tksM- dksbZ gks xbZ “kq) gLrk{kj@vaxw mlds izfrfuf/k
ds jftLVj Lo:i@
la[;k uke esa Øe inuke fnu dk;Z dk;Z ds nj @ihl etnwjh HkÙkk Hkqxrku ¼olwyh dk jkf”k Bs dk fu”kku ds gLrk{kj
la[;k
fd;k ,dd jsV ¼Hkqxrku ds Li:i fy[ksa
Sl. No. Name of Designation/Nature of No. of days Units of Daily rate of Lo:I fy[ksa½ Deduction if any Signature of Initial of contractor of
Serial No. in work done
workman worked work done wages/ Dearness Overtime Other cash Total (indicate nature ½ Net amount paid thumb impression his representative
the register of
workman piece rate Basic wages allowance payments (indicate of the work-man
nature)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
 Ikfjf”k’V@Appendix’VI
Ektnwjh dkMZ Wage Card
Ektnwjh dkMZ la[;k@ Wage Card No -----------------------------------------------------------------------------
--------------------------------------------------
Bsdsnkj dk uke o irk --------------------------------------------------------------------------------------
------------------------------------------tkjh djus dh rkjh[k----------------------------------------------
-
Name and address of contractor Date of Issue
dk;kZy; dk uke o LFkku -----------------------------------------------------------------------------------
--------------------------------------in-------------------------------------------------------------------
---------------
Name and location of work Designation
Ektnwj dk uke ---------------------------------------------------------------------------------------------
----------------------------------------------------ekl@i{k------------------------------------------------
---------------------
Name of workman Month/Fortnight
Ektnwjh dh nj ---------------------------------------------------------------------------------------------
-----------------------------------------------------
Rage of wages
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Ikzkr%
Morning
nj

Rate
Lkka;
jde%
Evening
amount
gLrk{kj
 Initial
__________________________________________________________________________________________________________________________________________________________
-------------------------------------------------------------------------------------------------------
----------------------------- ls viuh etnwjh ds ----------------------------------------------------------
-------------------------------------------------------:Ik;s izkIr fd,
Received from the sum of Rs. on account of my wages
;g etnwjh dkMZ tkjh gksus dh rkjh[k ls ,d ekl rd ds fy, oS| gSA
gLrk{kj Signature
The Wage Card is valid for one month from the date of issue
 Ikfjf”k’V@Appendix’VII’
QkeZ 19@Form-XIX
¼ÑI;k fu;e 78¼2½¼[k½ ns[ksa½
[See Rule 78 (2) (b)]

Ektnwjh dkMZ
Wages Slip
Bsdsnkj dk uke vkSj irk
Name and address of contractor -------------------------------------------------------------------
-------------------------------------------------------------------------------------
---
etnwj dk uke rFkk mlds firk@ifr dk uke
Name and Father ‘s/Husband’s name of workman -------------------------------------------------------
-----------------------------------------------------
dk;Z dk Lo:Ik rFkk LFkku dk uke
Nature and location of work ---------------------------------------------------------------------
-------------------------------------------------------------------------------------
---
lIrkg@i{k@ekl ds fy,
For the week/Fortnight/Month ending ---------------------------------------------------------------
-------------------------------------------------------------------

1. ftrus fnu dk;Z fd;k

No. of days worked …………………………………………………………………………….

2. fd, x, dk;Z ds ,ddksa dh la[;k ¼ihl jsV etnwjksa ds ckjs esa½

No. of units worked in case of piece rate workers …………………………………………….

3. nSfud etnwjh dh nj@ihl jsV

Rate of daily wages/piece rate………………………………………………………………

4. le;ksifj etnwjh dh jde

Amount of overtime wages………………………………………………………………………

5. nh tkus okyh dqy jde

Gross wages payable……………………………………………………………………………

6. olwfy;ka] ;fn dksbZ gks

Deduction, if any…………………………………………………………………………….
7. nh xbZ etnwjh dh ”kq) jde

Net Amount of wages paid………………………………………………………………

Bsdsnkj vFkok mlds izfrfuf/k ds gLRkk{kj

 Initials of the contractor or his representative

Ikfjf”k’V@Appendix’VIII’
QkeZ 14@Form-XIV
¼ÑI;k fu;e 76 ns[ksa½
[See Rule 76]
jkstxkj dkMZ
Employment Card
Bsdsnkj dk uke vkSj irk
Name and address of contractor ------------------------------------------------------------------------
-----------------------------------------------------------------------------------
dk;kZy; dk uke o irk ftlds v/khu Bsdk py jgk gS
Name and address of establishment under which contract is carried on -----------------------------------------------
-----------------------------
dk;Z dk uke o LFkku
Name of work and location of work ---------------------------------------------------------------------
----------------------------------------------------------------------------------------
Eqk[; fu;ksDrk dk uke o irk
Name and address of Principal Employer ------------------------------------------------------------------
----------------------------------------------------------------
1. etnwj dk uke

Name of the workman …………………………………………………………………………….

2. Ykxk, x, etnwjksa ds jftLVj esa Øe la[;k

Sl. No. in the register of workman employed …………………………………………………..

3. jkstxkj@in dk uke

Nature of employment/designation ………………………………………………………………

4. etnwjh dh nj

¼ihl odZ ds ckjs esa ,dd ds C;kSjk lfgr½

Wage rate (with particulars of unit in case of piecework)…………………………………………

5. etnwjh dh vof/k

Wage period ……………………………………………………………………………………….

6. jkstxkj dh vof/k

Tenure of employment…………………………………………………………………………….
7. fVIi.kh
Remarks………………………………………………………………………………

Bsdsnkj ds gLRkk{kj
Signature of the contractor
 Ikfjf”k’V@Appendix’IX’
QkeZ 15 Form-XV ¼ÑIk;k fu;e 77 ns[ksa½ (See Rule 77 )
Lksok izek.k Ik= Service Certificate
Bsdsnkj dk uke o irk -----------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
----------
Name and address of contractor
dk;Z dk Lo:i rFkk LFkku --------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--
Name and location of work
Ektnwj dk uke o irk ------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------
Name and address of workman
vk;qq vFkok tUe frfFk ----------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
---------------
Age or date of birth
Ikgpku fpUg -------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
-------------------------
Identification marks
firk@ifr dk uke ----------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
----------------------
Father’s/Husband’s Name
dk;kZy; dk uke o irk ftlds v/khu Bsdk py jgk gS -------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
Name and address of establishment in under which contract is carried on
Ekq[; fu;ksDrk dk uke o irk ----------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
-

Name and address of Principal Employer

87
Ø0 la[;k jkstxkj dh dqy vof/k fd, x, dk;Z dk Lo:Ik Ektnwjh nj ¼ihl odZ ds ekeys esa ,dd ds C;ksajks fVIIk.kh
Sl. No Total Period for which employed Nature of Work done lfgr½ Remarks
Rate of wages (with particulars of unit in case of piece work)
ls From Rkd To
1 2 3 4 5 6

gLrk{kj /Signature
 Ikfjf”k’V@Appendix’X’
LIST OF ACTS AND OMISSIONS FOR WHICH FINES CAN BE IMPOSED
,sls dk;ksZ rFkk Hkwyksa dh lwph ftlds fy, tqekZus fd;s tk ldrs gSs

fg 0 iz0 yks0 fu0 fo0 Bsdsnkj Jfed fofu;eksa ds fu;e 7 In accordance with rule 7(v) of the HP PWD Contractor’s Labour Regulations to be
¼v½ ds vuqlkj dk;Z LFky ij vaxzsth rFkk LFkkuh; Hkk’kk displayed prominently at the site of work both in English and local Language
nksuksa esa vPNh rFkk LFkkuh; Hkk’kk nksuksa esa vPNh
izdkj ls iznf’kZr fd;k tkukA
1 Tkku cw> dj vdsys ;k vU; ds lkFk fey dj voKk ;k mYya?ku 1 Willful insubordination or disobedience, whether alone or in combination with other.
2 fg 0 iz0 yks0 fu0 fo0 ;k lEifÙk ds vfrfjDr] Bsdksa ds 2 Theft fraud or dishonesty in connection with the contractors beside a business or
laca/k esa pksjh /kks[kkckth] csbZekuh djukA property of HP PWD
3 ?kwl ;k vU; xSjdkuwuh ifjrks’k.k ysuk ;k nsukA 3 Taking or giving bribes or any illegal gratifications
4 fuR; nsj ls dke ij vkukA 4 Habitual late attendance
5 ’kjkc ihdj yM+uk] minzoh ;k cs<axk ;k vU;euLd O;ogkj A 5 Drunkenness fighting, riotous or disorderly or indifferent behaviour
6 fuR; ykijokghA 6 Habitual negligence.
7 ml {ks=ksa ds vkl&ikl chM+h&flxzsV ihuk tgka vkx idM+us 7 Smoking near or around the area where combustible or other materials are locked.
okyh ;k vU; lkexzh j[kh gksA
8 fuR; vuq’kklughurk A 8 Habitual indiscipline.
9 Pkkyw dk;Z esa vFkok fg 0 iz0 yks0 fu0 fo0 ;k Bsdsnkj dh 9 Causing damage to work in the progress or to property of the HP PWD or of the
laifÙk dks {kfr igqapkukA contractor.
10 M~;wVh ij lksuk A 10 Sleeping on duty.
11 dkepksjh ;k dk;Z dks /khjs djukA 11 Malingering or slowing down work.
12 Ukke] vk;q] firk ds uke vkfn ds ckjs esa xyr lwpuk nsukA 12 Giving of false information regarding name, age father’s name, etc.
13 fu;ksDrk }kjk fn;s x;s etnwjh dkMZ dks fUkR; [kks nsukA 13 Habitual loss of wage cards supplied by the employees..
14 Ekkfyd dh mRiknu dh lEifr dk vuf/kÑr mi;ksx ;k dk;ZLFky 14 Unauthorized use of employer’s property of manufacturing or making of unauthorized
ij vukf/kÑr oLrqa, cukukA particles at the work place.
15 dq’ky dkexkjksa }kjk fuekZ.k rFkk vuqj{k.k esa vdq’ky 15 Bad workmanship in construction and maintenance by skilled workers which is not
dkjhxjh fn[kkuk ftls foHkkx Lohdkj ugha djrk ftlds approved by the Department and for which the contractors are compelled to undertake
la’kks/ku ds fy;s Bsdsnkj dks ck/; fd;k tkrk gSA rectifications.
16 Xkyr f’kdk;rsa yxkuk vkSj @ ;k Hkzked fooj.k nsukA 16 Making false complaints and/or misleading statements.
17 LFkkiukvksa ds ifjlj ds Hkhrj dksbZ O;kikj pykukA 17 Engaging on trade within the premises of the establishments.
18 deZpkfj;ksa dk vuf/kÑr O;kikj dk;Z djukA 18 Any unauthorized divulgence of business affairs of the employees.
19 LFkkiuk ds ifjlj ds Hkhrj fdlh izdkj dk /ku ,d= djuk ;k 19 Collection or canvassing for the collection of any money within the premises of an
mlds fy, izpkj djuk tc rd fd ekfyd }kjk vf/kdkj u fn;k establishment unless authorized by the employer.
x;k gksA 107

20 Ekfydksa dh iwoZ vuqefr ds fcuk ifjlj ds Hkhrj CkSBdsa 20 Holding meeting inside the premises without previous sanction of the employers.
cqykukA
21 Ikfjlj ds Hkhrj dk;Z le; ds nkSjku fdlh dkexkj ;k 21 Threatening or intimidating any workman or employer during the working hours
deZpkjh dks Mjkuk ;k /kedkukA within the premises.
 Ikfjf”k’V@Appendix’XI’
QkeZ 12 Form-XII ¼ÑIk;k fu;e 78 ¼2½ ?k½ ns[ksa½ (See Rule 78 (2 ) (d) )

tqekZuksa dk jftLVj Register of Fines

Bsdsnkj dk uke o irk --------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------
Name and address of contractor
dk;Zky; dk uke o irk ftlds v/khu Bsdk py jgk gS ----------------------------------------------------------------
---------------------------------------------------------------------------------------------
Name and address of establishment in under which contract is carried on
dk;Z dk Lo:Ik o LFkku ------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------
-----------
Name and location of work
Ekq[; fu;ksDrk dk uke o irk -------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------
--------------
Name and address of Principal Employer
Ø0 Ektnwj firk@ifr ukSdjh dk Okg vijk/k D;k ml O;fDr Ektnwjh tqekZuk tqekZuk fVIIk.kh
la[;k dk uke dk uke Lo:i@inuke dk;Z@Hkwy dh deZdkj dk uke dh dh xbZ ftl
ftlds fy, rkjh[k us bl ftldh vof/k jkf”k frfFk
tqekZuk tqekZus mifLFkfr rFkk dks
yxk;k x;k ds fo:) esa ns; lekIr
Sl. No Designation dksbZ deZpkjh etnwjh gqvk Remarks
Name of
Father’s/ /nature of Act/Omission Date of dkj.k dh O;k[;k Amount
workman Husband’s employment for which fine Offence crk;k lquh xbZ of fine
Name imposed gS Name of Wage imposed Date on
person in period which
 Whether whose and wages fine
workman presence payable. released
showed employee’s
cause explanation
against was heard
fine
1 2 3 4 5 6 7 8 9 10 11 12

Ikfjf”k’V@Appendix’XII’
QkeZ 20 Form-XX ¼ÑIk;k fu;e 78 ¼2½ ?k½ ns[ksa½ (See Rule 78 (2 ) (d) )
{kfr @gkfu ds fy, dVkSrh dk jftVªj Register of Deduction for Damage or Loss
Bsdsnkj dk uke o irk ----------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------
Name and address of contractor
dkZk;ky; dk uke o irk ftlds v/khu Bsdk py jgk gS -----------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
----------
Name and address of establishment in under which contract is carried on
dk;Z dk Lo:Ik o LFkku --------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
---------------------------------------
Name and location of work
Ekq[; fu;ksDrk dk uke o irk -------------------------- -------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------
Name and address of Principal Employer
Ø0 Ektnwj dk firk@ifr ukSdjh dk {kfr {kfr D;k deZdkj ml O;fDr dk yxkbZ xbZ fd”rksa dh Oklwyh dh frfFk
la[; uke dk uke Lo:i@inuke vFkok vFkok us bl dVkSrh uke ftldh dVkSrh dh Lka[;k Date of recovery
k gkfu dk gkfu dk ds fo:) mifLFkfr esa jkf”k fVIIk.kh
C;kSjk rkjh[k dksbZ dkj.k deZpkjh dh Remarks
crk;k gS O;k[;k lquh
Name of Father’s/ Designation xbZ Amount No. of izFke vafre fd”r
Sl. No workman Husband’s /nature of Particulars of Date of Whether workman Name of person in of deduction installments fd”r Last
Name employment damage or damage or showed cause whose presence imposed First installment
loss loss against deduction employee’s installment
explanation was
heard

1 2 3 4 5 6 7 8 9 10 11 12 13

Ikfjf”k’V@Appendix’XIII’
QkeZ 22 Form-XXII ¼ÑIk;k fu;e 78 ¼2½ ?k½ ns[ksa½ (See Rule 78 (2 ) (d) )

vfxzeksa dk jftVªj Register of Advances

Bsdsnkj dk uke o irk ----------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------ ---------------------------------
Name and address of contractor
dk;Zky; dk uke o irk ftlds v/khu Bsdk py jgk gS ------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------
Name and address of establishment in under which contract is carried on
dk;Z dk Lo:Ik o LFkku --------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------
Name and location of work
Ekq[; fu;ksDrk dk uke o irk ---------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------
Name and address of Principal Employer
Ø0 Ektnwj dk firk@ifr ukSdjh dk Ektnwjh fn, x, Okg fd”rksa dh YkkSVkbZ xbZ Okg frfFk
la[ uke dk uke Lo:i@inuke dh vof/k vfxze dh iz;kstu la[;k ftuds izR;sd fd”r dh tcfd vfUre
;k rFkk ns; frfFk ftlds fy, }kjk vfxze frfFk rFkk fd”r ykSVkbZ fVIIk.kh
etnwjh rFkk vfxze ykSVk;k tkuk jkf”k xbZ
Father’s/ Designation jkf”k fn;k x;k gS Remarks
Sl. Name of Husband’s /nature of Wage period Date and Purpose(s) for Date and amount Date and which last
No workman Name employment and wages amount of which Number of of each installment installment was
payable advance advance made installments by repaid repaid
given which advance to be
repaid
1 2 3 4 5 6 7 8 9 10 11
 Ikfjf”k’V@Appendix’XIV’
QkeZ 23 Form-XXIII ¼ÑIk;k fu;e 78 ¼2½ ¼p ½ ns[ksa½ (See Rule 78 (2 ) (e) )
Lke;ksifj jftLVªj Register of overtime
Bsdsnkj dk uke o irk --------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
--------------------------------------------
Name and address of contractor
dk;ky;Z dk uke o irk ftlds v/khu Bsdk py jgk gS ----------------------------------------------
-----------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
-------
Name and address of establishment in under which contract is carried on
dk;Z dk Lo:Ik o LFkku ------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
------------------------------------------
Name and location of work
Ekq[; fu;ksDrk dk uke o irk -------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
--------------------------------------
Name and address of Principal Employer
Ø0 Ektnwj firk@ifr fyax ukSdjh dk ftu dqy Ektnwjh Lke;ksif le;ks ftl nj
la[ dk uke dk uke Lo:i@inuke rkjh[k le;ksifj dh j etnwjh ifj ij fVIIk
;k ksa dk;Z lkekU; dh nj dekbZ le;ksi .kh
Name of Father’s/ Sex Designation dks vFkok ihl nj fj
Sl. workman Husband’s /nature of le;ksi jsV ds Overtime etnwjh Remar
No Name employment fj ekeys esa Norman rate of Overti nh ks
dk;Z mRiknu rate of wages me Rate on
fd;k Total wages earning which
Date on overtime overtime
which worked or paid
overtime production in
worked case of piece
rated given
1 2 3 4 5 6 7 8 9 10 11 12

HPPWD EE Contractor
 Appendix - XV (FORM 31)
INDENTURE FOR SECURED ADVANCES
(Referred to in paragraphs 10.2.20 and 10.2.22 of CPW A Code)
(For use in cases in which the contract is for finished work and the contractor has entered into an
agreement for the execution of a certain specified quantity of work in a given time)

THIS INDENTURE made the………………… day of …………………..20……. BETWEEN

…………………………
(hereinafter called the Contractor which expression shall where the context so admits or implies be deemed
to include his executors administrators and assigns) of the one part and the GOVERNOR OF
HIMACHAL PRADESH (hereinafter called the GOVERNOR which expression shall where the context
so admits or implies be deemed to include his successors in office and assigns) of the other part.

WHEREAS by an agreement dated… ............... (hereinafter called the said agreement) the Contractor has
agreed AND WHEREAS the Contractor has applied to the GOVERNOR that he may be allowed advances
on the security of materials absolutely belonging to him and brought by him to the site of the works the
subject of the said agreement for use in the construction of such of the works as he has undertaken to
execute at rates fixed for the finished work (inclusive of the cost of materials and labour and other charges)
AND WHEREAS the GOVERNOR has agreed to advance to the Contractor the sum of Rupees on the
security of materials the quantities
and other particulars of which are detailed in Accounts of Secured Advances attached to the Running
Account Bill for the said works signed by the Contractor on ............... and the GOVERNOR has reserved
to himself the option of making any further advance or advances on the security of other materials
brought by the Contractor to the site of the said works. Now THIS INDENTURE WITNESSETH that in
pursuance of the said agreement and in consideration of the sum of Rupees on or before the
execution of these presents paid to the Contractor by the GOVERNOR t (the receipt whereof the
Contractor doth hereby acknowledge) and of such further advances (if any) as may be made to him as
aforesaid the Contractor doth hereby covenant and agree with the GOVERNOR and declare as follows: -
(1) That the said sum of Rupees so advanced by the GOVERNOR to the
Contractor as aforesaid and all or any further sum or sums advanced as aforesaid shall be employed by
the Contractor in or towards expediting the execution of the said works and for no other purpose
whatsoever.
(2) That the materials detailed in the said Account of Secured Advances which have been offered to and
accepted by the GOVERNOR as security are absolutely the Contractor’s own property and free from
encumbrances of any kind and the contractor will not make any application for or receive a further advance

HPPWD EE Contractor
 on the security of materials which are not absolutely his own property and free from encumbrances of any
kind and the Contractor indemnifies the GOVERNOR against all claims to any materials in respect of
which an advance has been made to him as aforesaid.
(3) That the materials detailed in the said Account of Secured Advances and all other materials on the
security of which any further advance or advances may hereafter be made as aforesaid (hereinafter called
the said materials) shall be used by the Contractor solely in the execution of the said works in accordance
with the directions of the Divisional Officer Division (hereinafter called the Divisional Officer) and in the
term of the said
agreement.
(4) That the Contractor shall make at his own cost all necessary and adequate arrangements for the proper
watch, safe custody and protection against all risks of the said materials and that until used in construction
as aforesaid

HPPWD EE Contractor
 the said materials shall remain at the site of the said works in the Contractor’s custody and on his own
responsibility and shall at all times be open to inspection by the Divisional Officer or any officer authorised
by him. In the event of the said materials or any part thereof being stolen, destroyed or damaged or
becoming deteriorated in a greater degree than is due to reasonable use and wear thereof the
Contractor will forthwith replace the same with other materials of like quality or repair and make good
the same as required by the Divisional Officer.
(5) That the said materials shall not on any account be removed from the site of the said works except with
the written permission of the Divisional Officer or an officer authorised by him on that behalf.
(6) That the advances shall be repayable in full when or before the Contractor receives payment from the
GOVERNOR of the price payable to him for the said works under the terms and provisions of the said
agreement. Provided that if any intermediate payments are made to the Contractor on account of work
done than on the occasion of each such payment the GOVERNOR will be at liberty to make a recovery
from the Contractor’s bill for such payment by deducting there from the value of the said materials then
actually used in the construction and in respect of which recovery has not been made previously, the value
for this purpose being determined in respect of each description of materials at the rates at which the
amounts of the advances made under these presents were calculated.
(7) That if the Contractor shall at any time make any default in the performance or observance in any respect of
any of the terms and provisions of the said agreement or of these presents the total amount of the
advance or advances that may still be owing to the GOVERNOR shall immediately on the happening of
such default be repayable by the Contractor to the GOVERNOR together with interest thereon at twelve
per cent per annum from the date or respective dates of such advance or advances to the date of
repayment and with all costs charges, damages and expenses incurred by the GOVERNOR in or for the
recovery thereof or the enforcement of this security or otherwise by reason of the default of the Contractor
and the Contractor hereby covenants and agrees with the GOVERNOR to repay and pay the same
respectively to him accordingly.
(8) That the Contractor hereby charges all the said materials with the repayment to the GOVERNOR of the
said sum of Rupees and any further sum or sums advanced as aforesaid and all
costs charges, damages and expenses payable under these presents PROVIDED ALWAYS and it is
hereby agreed and declared that notwithstanding anything in the said agreement and without prejudice to
the powers contained therein if and whenever the covenant for payment and repayment herein before
contained shall become enforceable and the money owing shall not be paid in accordance therewith the
GOVERNOR may at any time thereafter adopt all or any of the following courses as he may deem best :-
(a) Size and utilize the said materials or any part thereof in the completion of the said works on behalf of the
Contractor in accordance with the provisions in that behalf contained in the said agreement debiting the
Contractor with the actual cost of effecting such completion and the amount due in respect of advances
under these presents and crediting the Contractor with the value of work done as if he had carried it out in
accordance with the said agreement and at the rates thereby provided. If the balance is against the
Contractor he is to pay same to the GOVERNOR on demand.
b) Remove and sell by public auction the seized materials or any part thereof and out of the moneys arising
from the sale retain all the sums aforesaid repayable or payable to the GOVERNOR under these
presents and pay over the surplus (if any) to the Contractor.
(c) Deduct all or any part of the moneys owing out of the security deposit or any sum due to the Contractor
under the said agreement.
(9) That except in the event of such default on the part of the Contractor as aforesaid interest on the said
advance shall not be payable.

HPPWD EE Contractor
(10) That in the event of any conflict between the provisions of these presents and the said agreement the
provisions of these presents shall prevail and in the event of any dispute or difference arising over the
construction or effect of these presents the settlement of which has not been herein before expressly
provided for the same shall be finally resolved as per provisions of clause 25 of the contract.

In witness whereof the said ……………………and ................. by the order and under the direction of the
GOVERNOR have hereunto set their respective hands the day and year first above written.

Signed, sealed and delivered by……………………….. the said contractor in the presence of
........................

.....................................................................................................................................................................

Signature ………………………

Witness Name ……………………………………………………..

Address ……………………….

Signed by………………………..

by the order and direction of the GOVERNOR in the presence of

Signature ………………………

Witness Name ……………………………………………………..

Address ……………………….

HPPWD EE Contractor
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APPENDIX - XVI
(Refer Clause 5)
FORM OF APPLICATION BY THE CONTRACTOR FOR SEEKING
EXTENSION OF TIME

1. Name of contractor
2. Name of work as given in the agreement
3. Agreement no
4. Estimated amount put to tender
5. Date of commencement of work as per agreement
6. Period allowed for completion of work as per agreement
7. Date of completion stipulated in agreement
8. Period for which extension of time if has been given by authority in Schedule 'F' previously
letter no. and date Extension granted
Months Days
1st extension
......................................................

2nd extension
.....................................................

3rd extension
.....................................................

4th extension
.....................................................

(e) Total extension previously given

9. Reasons for which extension have been previously given (copies of the previous applications should be
attached)
10. Period for which extension if applied for
11. Hindrances on account of which extension is applied for with dates on which hindrances occurred and
the period for which these are likely to last (for causes under clause 5.2 and 5.3).

Submitted to the Authority indicated in Schedule F with copy to the Engineer-in-Charge and Sub
Divisional Officer

Signature of Contractor

Dated ........................

97 HPPWD EE Contractor
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APPENDIX - XVII
Notice for appointment of Arbitrator
[Refer Clause 25]

To
The Chief Engineer...................
(Zone or Region)
...........................................

Dear Sir,
In terms of clause 25 of the agreement, particulars of which are given below, I/we hereby
give notice to you to appoint an arbitrator for settlement of disputes mentioned below:
1. Name of applicant
2. Whether applicant is Individual/Prop. Firm/Partnership Firm/Ltd. Co.
3. Full address of the applicant
4. Name of the work and contract number in which arbitration sought
5. Name of the Division which entered into contract
6. Contract amount in the work
7. Date of contract
8. Date of initiation of work
9. Stipulated date of completion of work
10. Actual date of completion of work (if completed)
11. Total number of claims made
12. Total amount claimed
13. Date of intimation of final bill (if work is completed)
14. Date of payment of final bill (if work is completed)
15. Amount of final bill (if work is completed)
16. Date of appeal to you
17. Date of receipt of your decision.

Specimen signatures of the applicant (only the person/authority who signed the contract should
sign)

I/We certify that the information given above is true to the best of my/our knowledge. I/We
enclose following documents.
1. We have exhausted provision of DRC as per clause 25 of this agreement.
2. Statement of claims with
amount of claims. 3.
4.
5.
Yours faithfully,

(Signatures)
Copy in duplicate to:
1. The Executive Engineer,
……………..……… Division.

98 HPPWD EE Contractor
 Form of Earnest Money Deposit
Bank Guarantee Bond
WHEREAS, contractor (Name of contractor) (hereinafter called "the contractor") has submitted his tender
dated ............. (date) for the construction of .............................. (name of work) (hereinafter called "the
Tender")
KNOW ALL PEOPLE by these presents that we ......................... (name of bank) having our registered
office at ................................... (hereinafter called "the Bank") are bound unto
...................................................
(Name and division of Executive Engineer) (hereinafter called "the Engineer-in-Charge") in the sum of Rs.
.........................
(Rs. in words ................................ ) for which payment well and truly to be made to the said Engineer-in-
Charge the Bank binds itself, his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this ................. day of ................. 20. THE
CONDITIONS of this
obligation are:
(1) If after tender opening the Contractor withdraws, his tender during the period of validity of tender
(including extended validity of tender) specified in the Form of Tender;
(2) If the contractor having been notified of the acceptance of his tender by the Engineer-in-Charge:
(a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to contractor, if
required;
OR
(b) fails or refuses to furnish the Performance Guarantee, in accordance with the provisions of tender document
and Instructions to contractor,
We undertake to pay to the Engineer-in-Charge either up to the above amount or part thereof upon
receipt of his first written demand, without the Engineer-in-Charge having to substantiates his demand,
provided that in his demand the Engineer-in-Charge will note that the amount claimed by his is due to him
owing to the occurrence of one or any of the above conditions, specifying the occurred condition or
conditions.
This Guarantee will remain in force up to and including the date* after the deadline for submission of
tender
as such deadline is stated in the Instructions to contractor or as it may be extended by the Engineer-
in- Charge, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this
Guarantee should reach the Bank not later than the above date.

DATE ............. SIGNATURE OF THE BANK

WITNESS .................. SEAL

(SIGNATURE, NAME AND ADDRESS)

*Date to be worked out on the basis of validity period of 6 months from last date of receipt of tender.

HPPWD EE Contractor
 Form of Performance Security (Guarantee)
Bank Guarantee Bond - Format - I
In consideration of the Governor of Himachal Pradesh (hereinafter called "The Government") having
offered to accept the terms and conditions of the proposed agreement
between…………………………….and .......................................................................................... (hereinafter
called "the said Contractor(s)") for the work… .................................................. (hereinafter called "the said
agreement") having agreed to production of an irrevocable Bank Guarantee for Rs. . (Rupees
………………………………… only) as a security/guarantee from the contractor(s) for compliance of his
obligations in accordance with the terms and conditions in the said agreement.
1. We, (hereinafter referred to as "the Bank") hereby undertake to pay to the Government
an amount not exceeding Rs. ……………………….. (Rupees… ........... Only) on demand by the Government.
2. We, (indicate the name of the Bank) do hereby undertake to pay the amounts due
and payable under this guarantee without any demure, merely on a demand from the Government
stating that the amount claimed as required to meet the recoveries due or likely to be due from the said
contractor(s). Any such demand made on the bank shall be conclusive as regards the amount due and
payable by the bank under this Guarantee. However, our liability under this guarantee shall be restricted
to an amount not exceeding Rs.
…….. (Rupees .............. only)
3. We, the said bank further undertake to pay the Government any money so demanded notwithstanding
any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any court
or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The
payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder
and the Contractor(s) shall have no claim against us for making such payment.
4. We, (indicate the name of the Bank) further agree that the guarantee herein contained
shall remain in full force and effect during the period that would be taken for the performance of the
said agreement and that it shall continue to be enforceable till all the dues of the Government under or by
virtue of the said agreement have been fully paid and its claims satisfied or discharged or till Engineer-in-
Charge on behalf of the Government certified that the terms and conditions of the said agreement have
been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee.
5. We, (indicate the name of the Bank) further agree with the Government that the
Government shall have the fullest liberty without our consent and without affecting in any manner our
obligation hereunder to vary any of the terms and conditions of the said agreement or to extend time of
performance by the said Contractor(s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Government against the said contractor(s) and to forbear or enforce
any of the terms and conditions relating to the said agreement and we shall not be relieved from our
liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any
forbearance, act of omission on the part of the Government or any indulgence by the Government to
the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to
sureties would, but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s).
7. We, (indicate the name of the Bank) lastly undertake not to revoke this guarantee
except with the previous consent of the Government in writing.
8. This guarantee shall be valid up to unless extended on demand by the Government.
Notwithstanding anything mentioned above, our liability against this guarantee is restricted to
Rs.
…………………… (Rupees ............... ) and unless a claim in writing is lodged with us within six months of
the date of expiry or the extended date of expiry of this guarantee all our liabilities under this guarantee
shall stand discharged. Dated the ………………..day of ……………………for… ..... (indicate the name of
the Bank).

HPPWD EE Contractor
 Form of Performance Security (Guarantee)
Bank Guarantee Bond- Format -II

In consideration of the Governor of Himachal Pradesh (hereinafter called "The Government") having
offered to accept the terms and conditions of the proposed agreement
between…………………………….and .......................................................................................... (hereinafter
called "the said Contractor(s)") for the work… .................................................. (hereinafter called "the said
agreement") having agreed to production of an irrevocable Bank Guarantee for Rs. . (Rupees
………………………………… only) as a security/guarantee from the contractor(s) for compliance of his
obligations in accordance with the terms and conditions in the said agreement.
We, .......................................(hereinafter referred to as "the Bank") hereby undertake to pay to the Government
an amount not exceeding Rs. ……………………….. (Rupees… ........... Only) on demand by the Government.
1. We, (indicate the name of the Bank) do hereby undertake to pay the amounts due
and payable under this guarantee without any demure, merely on a demand from the Government
stating that the amount claimed as required to meet the recoveries due or likely to be due from the said
contractor(s). Any such demand made on the bank shall be conclusive as regards the amount due and
payable by the bank under this Guarantee. However, our liability under this guarantee shall be restricted
to an amount not exceeding Rs.………………….. (Rupees only)
2. We, the said bank further undertake to pay the Government any money so demanded notwithstanding
any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any court
or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The
payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder
and the Contractor(s) shall have no claim against us for making such payment.
3. We, (indicate the name of the Bank) further agree that the guarantee herein contained
shall remain in full force and effect during the period that would be taken for the performance of the
said agreement and that it shall continue to be enforceable till all the dues of the Government under or by
virtue of the said agreement have been fully paid and its claims satisfied or discharged or till Engineer-in-
Charge on behalf of the Government certified that the terms and conditions of the said agreement have
been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee.
4. We, (indicate the name of the Bank) further agree with the Government that the
Government shall have the fullest liberty without our consent and without affecting in any manner our
obligation hereunder to vary any of the terms and conditions of the said agreement or to extend time of
performance by the said Contractor(s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Government against the said contractor(s) and to forbear or enforce
any of the terms and conditions relating to the said agreement and we shall not be relieved from our
liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any
forbearance, act of omission on the part of the Government or any indulgence by the Government to
the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to
sureties would, but for this provision, have effect of so relieving us.
5. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s).
6. We, (indicate the name of the Bank) lastly undertake not to revoke this guarantee
except with the previous consent of the Government in writing.
7. This guarantee shall be valid up to unless extended on demand by the Government.
Notwithstanding anything mentioned above, our liability against this guarantee is restricted to
Rs.…………………… (Rupees ).

101 HPPWD EE Contractor

 PROFORMA OF SCHEDULES
(Separate Performa for Civil, Elect. & Hort. Works in case of Composite Tenders)

SCHEDULE ‘A’

Schedule of quantities
SCHEDULE ‘B’ Deleted

SCHEDULE ‘C’ (Refer clause 31)

The following plant and machinery required for the work will be issued to the
contractor on hire on conditions given below (if available only).

Sr Description Hire charges Place of

No per day per issue
hour
1 ………
…. ……… ……..
…. ………. ………
SCHEDULE ‘D’
Extra schedule for specific requirements/document for the work, if any.

SCHEDULE ‘E’
Reference to General Conditions of contract.

Name of work: AMP works for the year 2024-25 on Pater Bhonku Village Hatra (SH:- P/L Mixed
seal surfacing (MSS) works in km 0/0 to 2/500 9HP1103VR012049101-103).

Estimated cost of work: Rs. 27,44,753- only

(i) Earnest money: ....................................... Rs 54,900/- only

(ii) Cost of Tender form: ............................ Rs.1500.00 only

(iii) Performance Guarantee: 5% for the works having tendered amount of Rs 100 lac and above..
Security Deposit : 5% for the works of tendered value less than Rs. 100 lac and 2.5%
for the works of tendered value of Rs. 100 lac and above .
or

2.5% of tendered value plus 50% of PG for contracts involving maintenance

of the building and services/ other work after construction of same building
and services/ other work.
SCHEDULE ‘F’

GENERAL RULES : Officer inviting tender Executive Engineer, Nalagarh Division HP PWD Nalagarh

Maximum percentage for quantity of items of work to

be executed beyond which rates are to be
determined in accordance with Clauses 12.2 & 12.3. See below

Definitions:
HPPWD EE Contractor
 2(vi) Engineer-in-Charge Executive Engineer, Nalagarh Division HP PWD Nalagarh

2(viii) Accepting Authority Executive Engineer, Nalagarh Division HP PWD Nalagarh

2(x) Percentage on cost of materials and labour to cover all overheads

and profits. As per relevant Schedule of rate.

Standard Schedule of Rates As per GCC.

2(xi) Department Himachal Pradesh Public Works Department

9(ii) Standard HP.PWD Contract Form GCC 2021

HP.PWD Form 7/8 as modified & corrected up to __________.2023.
Clause 1

(i) Time allowed for submission of Performance Guarantee, programme chart (Time and progress )and
applicable labour licenses, registration with EPFO, ESIC and BOCW welfare board or proof of applying
there of from the date of issue of letter of acceptance 15 days Before award of work.
(ii)Maximum allowable extension with late fee @ 0.1% per day of Performance Guarantee amount
beyond the period provided in (i) above………………days
(1 to 15 days to be filled by NIT
approving authority)
Clause 2
rd
Authority for fixing compensation under clause 2… Superintending Engineer 3 Circle
HPPWD Solan HP
Clause 5

Number of days from the date of issue of letter of acceptance for reckoning date of start Mile stone(s) as per
table given below: 15 days
Mile stone(s) as per table given below:
Table of Mile Stone (s)

Sr.No Description of Time Allowed in days (from Amount to be with held in case of non
. Milestone(Physical) date of start) achievement of milestone.

OR
Sr.No. Financial Progress Time Allowed in days Amount to be with held in case of non
(from date of start) achievement of milestone.
th th
1. 1/8 (of whole work) 1/4 (of whole work) In the event of not achievement the necessary
progress as assessed from the running
payments, 1% of the tender value of work will
be with held for failure of each mile stone.
th
2. 3/8 (of whole work) 1/2th (of whole work) -do-
th th
3. 3/4 (of whole work) 3/4 (of whole work) -do-
4. Full Full -do-

Time allowed for execution Nine Months

Authority to decide:
rd
(i) Extension of time ........................................ (Superintending Engineer 3 Circle HPPWD Solan HP)
rd
(ii) Rescheduling of mile stones (Superintending Engineer 3 Circle HPPWD Solan HP)
rd
(iii) Shifting of date of start in case of delay in handing over of site ................. (Superintending Engineer 3
Circle HPPWD Solan HP)

PROFORMA OF SCHEDULES Clause 5 Schedule of handing over of site

HPPWD EE Contractor
Part Portion of site Description Time Period for handing over
reckoned from date of issue
of letter of award.
Part A Portion without any
hindrance
Part B Portions with encumbrances
Part C Portions dependent on work
of other agencies

Clause 7
Gross work to be done together with net payment
/adjustment of advances for material collected,
if any, since the last such payment for being
eligible to interim payment .______ Lakh only.

Clause 7A
Whether clause 7 A shall be applicable Yes/No

Clause 8A
Authority to decide compensation on account if contractor fails to
rd
submit completion plans (Superintending Engineer 3 Circle Solan HP )

Clause 10A
List of testing equipment to be provided by the contractor at site lab.
1. 3 No. Digital Thermometers. 2. 1 No. Electronic/digital 3. 1 No. IS Sieves Nos. with lid and pan:
(90mm, 80mm, 63mm, 53mm, 45mm,
balance 1 kg with the least 27.5mm, 26.5mm, 19mm, 13.2mm,
count of 0.01 gm 11.2mm, 9.5mm, 37.5mm, 2.8mm, 5.6mm,
3.35mm, 2.36mm, 600 micron, 425 micron,
300 micron, 150 micron, 180 micron, 90
micron and 75 micron

4. 1 No.Pan balance with 5. 1 No. Oven (ambient 6. 1 Set Bitumen extraction

0
weight Box, 5 Kg to200 C) apparatus
7. 1 No. Penetration 8. 1 No. Enamelled tray 9. 1 No. Measuring taps,
apparatus (Bitumen) spatula, glassware,
porcelain dish, pestle
mortar
10 3 No. Trays for 11. Aggregate Impact Value
measurement of tack coat Apparatus
quantity

Clause 10B(ii)
Whether Clause 10 B (ii) shall be applicable Yes/No

Clause 10C
Component of labour expressed as percent of value of work: = 15 %

HPPWD EE Contractor
Clause 10CA Applicable/ Not Applicable
Authority to issue base price of materials
S.N. Materials Covered Nearest Materials (other than cement*, reinforcement bars, Base Price and its corresponding
under this clause: the structural steel and POL) for which All India Wholesale period of all the Materials covered
Price Index to be followed: under clause 10 CA*
1 Cement Rate of H.P. State Civil supplies Corporation at nearest depot to As per date of opening of tender.
Division .
2 Reinforcement Bars Rate of SAIL at nearest yard to Division . ……do……….

3 Structural Steel Rate of SAIL at nears yard to Division . ……do……….

4 Bitumen Rate of IOC at Panipat Refinery to Division . ……do……….

5. Diesel Rate of nearest petrol pump. to Division . ……do……….

* includes Cement component used in RMC brought at site from outside approved RMC
plants, if any.
** Base price and its corresponding period of all the materials covered under clause 10 CA is to
be mentioned at the time of approval of NIT. In case of recall of tenders, the base price may
be modified by adopting latest base price and its corresponding period.

Clause 10CC Applicable/ Not Applicable

Clause 10 CC to be applicable in contracts with stipulated period
of completion exceeding the period shown in next column 36 months
Schedule of component of other Materials, Labour etc. for price escalation.
Component of civil (except materials covered
under clause 10CA) /Electrical construction Xm ......................................... %
value of work. -
Component of Labour -
expressed as percent of total value of work. Y .............................................. %

Note : Xm ......................... % should be equal to (100) - (materials covered under clause 10CA
i.e. Cement, Steel, POL and other material specified in clause 10CA + Component of Labour)
For the operation of sub clause 10(cc), the components of materials, labour, P.O.L
as indicated in para (3) of the sub clause have been predetermined for different types of work
and shall be adopted depending on their applicability relevant to the work. The predetermined
values are as below.

(A) Building Works

Materials %age Labour % age

1. Load bearing masonry Structures 75.00 25.00
2. RCC framed structures 80.00 20.00

(B) Road Works

1. Earth work (average) Classification 35.00 65.00
2. Retaining /Breast Wall 75.00 25.00
3. Cross drainage / Metalling / Tarring 80.00 20.00
4. For composite works involving Earth work, Retaining structures etc. the percentages of
material and labour components shall be worked out on the basis of above percentages by
taking their weighted means.

HPPWD EE Contractor
 (C) Bridge Works
1. Bridge i/c its components 85.00 15.00
2. For composite bridge works with provision for approach roads, the percentages of materials
and labour components shall be worked out from Percentages indicated under (B) 1 to 4 above
(c) 1

Clause 11 Specifications to be followed for execution of work HPPWD/CPWD/MORT&H/MORD/BIS

Clause 12 Authority to decide deviation As per Standing order No. 1/2001 –amendment 2004
Dated 27/10/2004 notified by the Govt. of H.P

12.2 & 12.3 Deviation Limit beyond which clauses12.2 & 12.3 shall apply
for building work 50%

(i) Deviation Limit beyond which clauses 12.2 & 12.3

shall apply for foundation work up to any limit.
(except items mentioned in earth work subhead
in HPSR and related items)
(ii) Deviation Limit for items mentioned in earth work
Sub head of HPSR and related items up to any limit.

Clause14.3 (a) Amounts and deductibles for insurance are:-

Sr Item Minimum cover for Maximum deductible for
NO. insurance insurance
1 Works, Plants & Materials Equal to contract amount 0.4% of contract amount.
2. Loss or damage to Equipment Equal to contract amount 0.4% of contract amount.
3 Other properties 5% of contract amount 0.4% of contract amount.
4 Personal injury or death insurance 15 lac
(a) For other people
(b) For Contractor’s employees In accordance with statutory requirement applicable.

Clause 16 Competent Authority for deciding reduced rates….. As per Standing order No. 1/2001 –amendment
2004 dated 27/10/2004 notified by the Govt., of H.P

Clause 18 List of mandatory machinery, tools & plants to be deployed by the contractor at site:
Submit affidavit documentary proof of ownership.

1 Paver plant 1 No. 4 JCB 1 No.

2 Road roller 1 Nos. 5 Tipper 2 No.

3 Boiler spray machine 1 No.

Clause 19C Engineer in Charge .......authority to decide penalty for each default
Clause 19D Engineer in Charge .......authority to decide penalty for each default
Clause 19G Engineer in Charge ...... authority to decide penalty for each default
Clause 19K Engineer in Charge ...... authority to decide penalty for each default

Clause 25
Constitution of Departmental Grievance Redressal Committee as notified by the Govt., of H.P. vides notification
No. PBW (B)F(10)12/2019 dated 09/07/2019 and Notification No. PBW-AF(1)-1/2014 dated 21/12/2019.

HPPWD EE Contractor
Clause 32
Requirement of Technical Representative(s) and recovery rate
Sr Minimum Discipline Designation Minimum Number Rate at which
No. qualification of (Principal Experience recovery shall be
technical Technical/ made form
Representative Technical contractor in the
representative)
event of not fulfilling
provision of clause
32 (i)
1 For Building & Diploma Principal 2 years 1 20000 Rs. Twenty
Road Works (up Engineer Technical ` Thousand
to Rs. 200.00 civil/electrical only.
lac) l.
2 For Building & Graduate Principal 2 years 1 25000 Rs. Twenty
Road Works ( Engineer Technical Five
works costing Civil/Electrical representativ Thousand
more than Rs. e only.
200 lac to 1000
lac.
3 For Building & Graduate Principal 5 year 1 25000 Rs. Twenty
Road Works ( Engineer Technical (Degree) Five
works costing Diploma representativ Thousand
more than Rs. Engineer e only.
1000 lac and Civil/Electrical 2 year 1 20000 Rs. Twenty
above (Diploma) Thousand
only.
Assistant Engineers retired from Government services that are holding Diploma will be treated at par with
Graduate Engineers.

Diploma holder with minimum 10 year relevant experience with a reputed construction co. can be treated at par
with Graduate Engineers for the purpose of such deployment subject to the condition that such diploma
holders should not exceed 50% of requirement of degree engineers.

Clause 38
(i) (a) Schedule/statement for determining theoretical quantity
of cement & bitumen on the basis of H.P. Schedule of Rates ..................... as per HPSR 2020
printed by H.P.P.W.D.

(ii) Variations permissible on theoretical quantities:

(a) Cement
For works with estimated cost put
to tender not more than Rs. 25 lakh. 3% plus/minus.
For works with estimated cost put to
tender more than Rs. 25 lakh.. 2% plus/minus.
(b) Bitumen All Works 2.5% plus & nil on minus side.
(c) Steel Reinforcement and structural steel
sections for each diameter, section and category 2% plus/minus
(d) All other materials. Nil

HPPWD EE Contractor
 Annexure showing quantities of materials for areas of surfacing to
be considered for working out minimum period of Road Roller

SI. No. Material of surfacing Quantity

or area

1. Consolidation of earth sub grade 1860 Sq.m

2. Consolidation of stones soling 15 cm. to 22.5 cm thick 170 Cu.m.
3. Consolidation of brick soling 10 cm. to 20 cm. thick 230
4. Consolidation of wearing coat of stone ballast 7.5 cm to 11.5 cm thick 30 Cu.m.
5. Consolidation of wearing coat of brick ballast 10 cm. thick 60 Cu.m.
6. Spreading and consolidation of bajri 6 mm. 1860 Sq.m.
7. Painting one coat using stone aggregate 12.5 mm nominal size-
3 2 2
(a) @ 1.65 m per 100 m and paving bitumen A-90 or S-90 @ 2.25 Kg per m 930 Sq.m.
3 2 2
(b) 1.50 m per 100 m and bitumen emulsion or Road tar @ 2.25 Kg per m 930 Sq.m.
8. Painting two coats using-
(a) For first coat, stone aggregate 12.5 mm nominal size:
3 2 2
(i) @ 1.50m per 100m with paving bitumen A-90 or S-90 @ 2 Kg per m
or
3 2 2
(ii) @ 1.35m per 100m with bitumen emulsion @ 2 Kg per m
or
3 2 2
(iii) @1.25 m per 100m with road tar @ 2.25 Kg per m 600 Sq.m
(b) For 2nd Coat, stone aggregate 10mm nominal size 0.9 Cum. per 100 Sq.m with-
(i) 1kg of paving bitumen A-90 or S-90 or bitumen emulsion per Sq.m.or
(ii) 1.25 Kg. of road tar, per Sq.m. 600 Sq.m
9. Re-painting with stone aggregate 10 mm nominal size 0.9 Cum. per 100 Sqm. with-
(a) 1Kg. of paving bitumen A-90 or S-90 per Sqm.or
(b) 1.25 kg of Bitumen emulsion per Sqm. 1670 Sq.m.
3
10. 2 cm premix carpet surfacing using 2.4 m of stone aggregate 10 mm nominal size per 100
2
m and binder including tack coat, the binder being hot cut back bitumen or
bitumen emulsion specified quantities. 930 Sq.m.
3
11. 2.5 cm. premix carpet surfacing using 3m of stone aggregate 10 mm nominal size per
2
100 m and binder including tack coat, the binder being hot cut back Bitumenor
bitumen emulsion in specified quantities. 930 S q.m.
12. 4 cm thick bitumen concrete surfacing using stone aggregate 3.8 Cu.m. (60% 20 mm
2
nominal size and 40% 12.5 mm nominal size) per 100 m and coarse sand 1.9 Cu.m. per
2
100 m and hot cut back bitumen over a tack coat of hot cut back bitumen. 460 Sq.m.
13. 4 cm thick bitumen concrete surfacing using stone aggregate 4.8 Cu.m. (60% 25 mm
2
nominal size and 40% 20 mm nominal size) per 100 m and coarse sand 2.4 Cu.m per
100 Sq.m. and hot cut back bitumen over a tack coat of hot cut back bitumen 370 Sq.m.
14. 6cm thick bitumen concrete surfacing using stone aggregate 5.8 Cu.m. (60 % 40 mm.
nominal size and 40% 25mm nominal size) per 100 Sq.m. and coarse sand 2.9 Cu.m.
per100 Sq.m. and hot cut back bitumen over a tack coat of hot cut back bitumen. 280 Sq.m 230 Sqm

HPPWD EE Contractor
SI. No. Material of surfacing Quantity
or area

15. 7.5 cm thick bitumen concrete surfacing using stone aggregate 7.3 Cu.m. (60% 50mm
nominal size and 40% 40 mm nominal size)per 100 Sq.m. and coarse sand 3.65
Cu.m.per 100 Sq.m. and hot cut back bitumen over a tack coat of hot cut back 750 Sqm
bitumen.
16. 2.5 cm bitumastic sheet using stone aggregate 1.65 Cu.m. (60% 12.5 mm nominal size,
40%10 mm nominal size)per 100 Sq.m. and coarse sand 1.65 Cu.m. per 100 Sq.m. and
hot cut back bitumen over a tack coat of hot cut back bitumen. 750 Sq.m.
17. 4cm bitumastic sheet, using stone aggregate 2.6 Cu.m. (60%12.5mm nominal
size 40%10 mm nominal size) per 100 Sq.m., coarse sand 2.5 Cu.m. per 100 Sq.m. and
hot cut back bitumen over a tack coat of hot bitumen. 560 Sqm
18. Laying full grouted surface using stone aggregate 40 mm nominal size 6.10Cu.m. per
100 Sq.m. with binder, binding with 20mm to 12.5 mm nominal size stone grit.
1.83 Cu.m. per 100 Sq.m. and seal coat of binder and stone grit 10mm nominal size,
1.07Cu.m. per 100 Sq.m., the binder being hot bitumen or tar as specified. 460 Sqm
19. Laying full grouted surface using stone aggregate 50 mm nominal size 9.14 Cu.m.
per 100 sq.m. groutin with binder, with stone grit 20 mm to to 12.5 mm nominal
size, 1.83 Cu.m. per 100 Sq.m. and seal coat of binder and stone grit 10mm nominal
size 1.07 cu.m /100 Sqm 370 Sqm
20. 4cm. thick premix macadum surfacing using stone aggregate 25mm nominal size
4.57 Cu.m. per 100 Sq.m and hot bitumen binding with stone aggregate 12.5 mm
nominal size 1.52 Cu.m.per 100 Sq.m. and seal coat of hot bitumen and stone aggregate
10mm nominal size. 1.07 Cu.m. per 100 Sq.m. 560 Sq.m.
21. 5cm thick premix macadum surfacing with stone aggregate 25 mm nominal size,
6.10 Cu.m. per 100 Sq.m and hot bitumen binding with stone aggregate 12.5 mm
nominal size 1.52 Cu.m. per 100 Sq.m. and seal coat of hot bitumen and stone
aggregate10mm nominal size 1.07 Cu.m. per 100 Sq.m 460 Sq.m.
 (Refer clause No. 10 A)

(i) LIST OF PREFERRED MAKES FOR MATERIAL FOR CIVIL / SANITARY

WORKS

Sl. No. Material Preferred make

CIVIL ITEMS
1. (i) Ordinary Portland/Portland ACC, L&T, Gujarat Ambuja, Vikram,Birla, JK
Pozzolona Cement (Grey) Cement, JP Rewa., Shree, J.K. Lakshmi, M/sBinani
(43Grade) Cement, Ultra tech
(ii) White Cement Birla White / J. K. White

2. Reinforcement Steel SAIL, TISCO, RINL, JINDAL PANTHER of (JSPL)”,

Shyam Steel
3. Veneered Particle Board Novapan, Kitply, Anchor, National, Archidply,
Action Tesa, Green.
4. Laminated Particle Board Novapan, Kitply, National, Archidply, Action Tesa,
Green.
5. Commercial Board, Ply wood, Novapan, Kitply, National, Archidply, Action Tesa,
Veneered ply. Green.
6. Flush door shutters Kutty Flushdoor, Kitply Industries (Swastik) Jawala,
Samrat Laminate Pvt. Ltd. (Samrat) CNC
Commercial Ltd.(Shivalik), SR Jindal Ply Wood
7. Steel Windows/Pressed Steel San Harvic, Steelman Industries, PD Industries,
frames Metal Windows, Chandni Industries, Ganpati
Udyog (Rajpura).
8. Water Proofing Compound Fosroc, Cico, Pidilite. Impermo by M/S.Snowcem,
9. M.S. Pipe Sika
Tata, Jindal (Hisar), Parkash Steel Tubes, Bhushan
Industries.
10. PVC Pipe & Fittings Supreme, AKG, Finolex, Prince, Kisan, SFMC,
Diplast, Vectus.
11. Acrylic Distemper Nerolac , Berger (Bison Acrylic) Asian Paints
(Tractor, Acrylic), Shalimar.
12. Dry Distemper Berger (Castle), JENSON & NICHOLSON (J&N),
Golden,Paints Aqualac.
13. Synthetic Enamel Paint ICI (Dulux Gloss), Nerolac, Berger (Luxol High
Gloss), Asian Paints (Premium Apcolite Gloss),
14. Steel Primer ICI, Nerolac, Berger, Asian Paints, Shalimar.
15. Wood Primer ICI, Nerolac, Berger, Asian Paints, Shalimar.

16. Mosaic tiles/Chequed tiles NITCO, Modern, NTC,GICO

17. Ceramic/glazed Tiles Kajaria, NITCO, Somany, Orient, RAK, Johnson &
Johnson

18. Vetrified Tiles Kajaria, NITCO, Somany, Orient, RAK, Johnson &
Johnson
 19. Dash / Anchoring Fasteners HILTI / Fischer

20. Nuts / Bolts & Screws GKW, Atul

21. Stainless Steel Sink (Out of Salem, AMC, UNIK, DIAMOND
Steel only)
22. Glass Mosaic Tiles ITALIA, OPIO, NTC, GICO

23. Aluminium Sections Hindalco, Jindal, Indian Aluminium CO

24. Grouting Compound Endura, Pidilite, Laticrete.

25. Glass panes (Float Glass) Modi Float, Saint Gobind, Aashai

26. Admixtures Fosroc, MBT, Sika, CICO, Asian

27. Ready Made Concrete (RMC) M/s L&T Concrete, Associate Concrete,
J.K.Lakshmi Ultra Teck or having Plant of Minimum
capacity of 60 cum/ and turn over should be
minimum Rs. One Crore per month or 4000 cum/
month from last one year up to Proceeding month
of opening of tender.

28. PVC flooring (Designer) L.G.

29. PVC flooring (monolithic) Wonderfloor, Royal House, Tusker

30. PVC flooring (antistatic) Wonderfloor, Royal House

31. HDF flooring Krono (original), Action Tesa, Armstrong, Euro.
32. Pre-painted roofing sheets TATA Durashine
(Corrugated/Plain)
33. C.G.I./P.G.I. sheets TATA
34. Polycarbonate sheets. Lexun,Duratuff.
35. Explosives From authorised dealer. The contractor is
responsible to fulfil all codal formalities for obtaining
licence for explosive and magazine etc.
36. Bitumen products i.e. Bitumen, Manufactured or in collaboration in with IOC,
Emulsion etc. HPCL, BP.

PUBLIC HEALTH ITEMS

1. Float Valve IVC, Leader, Prayag.
2. Vitreous China Sanitary Ware Parryware, Hindware Sanitaryware, Neycer, Cera.
3. Plastic seat cover of W.C Commander, Diplomat, Hindware,Admiral, Cera
4. PVC Flushing cistern Commander, Coral, Hindware (Slimline),
Hindustan, Cera
5. CP Fittings/Mixer Pillar taps Kingston, Gem, Parko, Techno, JAL, ESS ESS.
Washers, Crabtree, NOVA EXCEL JAQUAR, Seiko.

6. CP Accessories Kingston, Gem, Parko, Techno, JAL, ESS ESS.

JAQUAR, Seiko.
 7. Centrifugally Cast (spun) Iron NECO, M/s Anand Founders & Engineers, or any
Pipes other & fittings B.I.S marked product.
8. Centrifugally Cast (spun) Iron Eleecto Steel, Kesoram. (Class LA).
Pipes
9. G.I. Pipes B.S.T., Jindal (Hissar), Tata Steel Tubes Ltd.,
Prakash Surya

10. G.I. Fittings Unik, KS, AMCO, AVR, NVR, RR, SUW

11. Gun metal Valves Leader, Zoloto, Kilburn, CIM, Valves,Sant

12. Brass stop & Bib Cock Zoloto, Sant, L&K, Leader.
13. Stoneware pipes & Gully traps Prefect, Hind or ISI marked S.W. Pipes.

14. Mirror Glass Atul, Modi Guard, Golden Fish

15. Glazed Fire Clay Kitchen Sink PAMINI, SANFIRE, RKCP.
16. Stainless Steel Sink (304 grade 5.5) AMC, UNIK, DIAMOND, Neelkanth.
17. Pumps Serex, Kirloskar, Worthington, Crompton
18. Pressure Gauge Febic, H.Guru.
19. Sluice Valve/ Non return valve Zoloto, BIR, Leader, Kartar
20. Electric Cables (Submersible) Finolex, Havells
21. Main Switch Havells, Standard, Crompton

22. MCCB/ELCCB/Shut-Cabacter L&T, ABB, Siemens, GE, Havells

23. Metering Equipments AE/L&T/BCH
24. On-Off Sleetor L&T/BCH.
25. PTMT Bath fittings Prayag

26. PTMT Bath Accessories Prayag, Viking

27. PVC- Al. Composite pipe Kitech

28. PVC pipe and accessories Finolex,vectus.

( as per approval of Govt. vide letter No. PBW(B)C(17)2/2012 dated 07/08/2018)

Revision of rates of wages of daily wage workers and workers engaged on part time basis in
Himachal Pradesh. Vide Letter No. FIN- (PR) B (7) - 33/2010 Dated Shimla-171002, the 4 th May ,
2023.
 Final Inspection Certificate (Refer Clause 8)

Final Inspection Certificate

That, I Sh. … ……… …… ………. , Superintending Engineer, 3 rd Circle Solan,

HPPWD, Solan, have inspected on date………………. The
costing to Rs. …………….., awarded to Sh..………………..……………….… for
Rs………..………….. vide Executive Engineer letter No. …………………..…
…………… dated ………………, Agreement No…….……… for the year 2023-24
having stipulated date of completion as …………………., and observed that the said
work has been broadly completed/ nearing completion as per provision of DPR/
contract (except some variation/changes which were just necessary to secure proper
completion of work) and the quality of the work is good/satisfactory. No items of the
work have been unfairly / unnecessarily exceeded / reduced/added/deleted and
approve for accepting completion of work and finalization of the bill.

Superintending Engineer
HPPWD 3rd Circle
Solan HP
 Annexure I

Provisions Required to be Included in the Joint Venture Agreement

1. If the application is made by a joint venture of two or more firms, the evidence of
clear mandate (i.e. in the form of respective Board Resolution duly authenticated by
competent authority) by such two or more firms willing to form Joint Venture among
themselves for the specified projects should accompany duly recognizing their
respective authorized signatories signing for and on behalf of the respective Firms
for the purpose of forming the Joint Venture.

2. In the event of default by any partner, in the execution of his part of the Contract,
the Engineer–in-Charge shall be so notified within 30 days by the partner-in-charge,
or in the case of the partner-in-charge being the defaulter, by the partner nominated
as partner-in-charge of the remaining Joint Venture. The partner-in-charge shall,
within 60 days of the said notice, assign the work of the defaulting partner to any
other equally competent party acceptable to the Engineer –in-Charge to ensure the
execution of that part of the Contract, as envisaged at the time of bid. Failure to
comply with the above provisions will make the Contractor liable for action by the
Engineer –in-Charge under the Conditions of Contract. If the Most Experienced i.e.
Lead Partner defined as such in the Communication approving the qualification
defaults, it shall be construed as default of the Contractor; and the Engineer –in-
Charge will take action under the Conditions of Contract.

3. Notwithstanding the permission to assigning the responsibilities of the defaulting

partner to any other equally competent party acceptable to the Engineer –in-Charge
as mentioned in GCC all the partners of the Joint Venture will retain the full and
undivided responsibility for the performance of their obligations under the Contract
and/ or for satisfactory completion of the Works.

4. A certified copy of the power of attorney in favour of the authorized representatives,

signed by legally authorized signatories of all the firms of the joint venture shall
accompany the application. The JV Agreement shall be signed by the authorized
representative of the joint venture. The JV Agreement shall need to be submitted
consisting but not limited to the following provisions:

a. Name, style and Project(s) specific JV with Head Office address.

b. Extent (or Equity) of participation of each party in the JV.
c. Commitment of each party to furnish the Bond money (i.e. Bid Security,
Performance Security and security for Mobilisation advance) to the extent
of his participation in the JV.
d. Responsibility of each Partner of JV (in terms of Physical and
Financial involvement).
e. Working Capital arrangement of JV.
f. Operation of separate Bank account in the name of JV to be operated by
at least one foreign partner and one local partner in case of JV where foreign
partners are involved. In case of JV among local partners, both the partners
are required to operate.
g. Provision for cure in case of non-performance of responsibility by 140
any party of the JV.
h. Provision that NEITHER party of the JV shall be allowed to sign, pledge,
sell or otherwise dispose all or part of its respective interests in JV to
any party including existing partner(s) of the JV.
The Employer derives right for any consequent action (including
blacklisting) against any or all JV partners in case of any breach in this
regard.
i. Management Structure of JV with details.
j. Lead Partner to be identified who shall be empowered by the JV to incur
liabilities on behalf of JV.
k. Parties/firms committing themselves to the Engineer –in-Charge for jointly
and severally responsible for the intended works.
l. The Power of Attorney shall be duly notarized.
m. Any other relevant details.
 Schedule –F, (Clause 18 of GCC)

Detail of Machinery

Up gradation of Roads

Kms HMP Paver/ Tipper Tar Mixer Vibrator Road Air

Finisher Boiler Roller compress
with or
Sprayer
Upto 10 3 TPH or 1 1 1 1 1 1 1
kms above
More than 10 TPH 1 2 1 2 2 2 1
10 kms or above
upto 20
kms
More than 30 TPH 1 4 2 3 3 2 1
20 kms or above

New Roads
Kms Tipper Excavator Mixer Vibrator Air Road
compressor Roller
Front end Or Showel
loader with (min.1 cum
backhoe bucket)
Upto 10 kms 1 1 1 1 1 2 1
More than 10 2 2 1 2 2 3 1
kms upto 20
kms
More than 20 4 3 2 3 3 4 1
kms

Periodic Maintenance
Kms HMP Paver/Finisher Tipper Tar Boiler Mixer Vibrator Road Air
with Roller Compressor
Sprayer
Upto 3 3 1 1 1 1 1
kms TPH
or
above
More 10 1 2 1 2 2 2 1
than 3 TPH
kms or
upto 20 above
kms
More 30 1 4 2 3 3 2 1
than 20 TPH
kms or
above
Buildings
Contract Hoist Tipper Shuttering Mixer Vibrator
Amount
Upto Rs 30 --- -- 50 sqm 1 1
lacs
Costing Rs --- 1 200 sqm 2 2
30 lacs to
Rs 1 crore
Costing 1 2 300 sqm 2 3
more than
Rs 1 crore
( GCC Clause 10 A )

(i) List of Equipments for Building Works

Sr No List of Equipments for quality Building up to Building Building

Control Rs 30.00 lacs up to Rs above Rs
30.00 lacs 100.00 lacs
to 100.00
lacs

1. Aggregates Gradation & strength

a. Sieve set for Course & Fine 1 No set 1 No set 1 No set

aggregates

b. Impact test Apparatus -- 1 No set 1 No set

2. Slump test apparatus for 1 No set 1 No set 1 No set

workability of concrete

3. 150mmx150mm150mm test 3 No 6 No 12 No
cubes moulds

4. Weighing machine 1 No 1 No 1 No

5. Cube Testing machine -- -- 1 No

Note:

(a) For works costing more than Rs 100 lacs the bidder shall set up field test lab with above
mentioned equipments with in fifteen days of award letter. In case this is not provided at site
Rs. 25000/- shall be withheld from his bills and shall be released only after necessary equipments
are provided by the contractor. During that period the test shall be got conducted in the deptt.lab
and the expenditure shall be deducted from the contractors bill. Non compliance of this provision
shall entail forfeiture of the withheld amount of Rs. 25000/-.

(b) For works below Rs 100.00 lacs the quality tests shall be conducted in the Deptt. labs and
expenditure incurred shall be deducted from the contractors bill.
 (GCC Clause 10 A )

LIST OF LABORATORY EQUIPMENTS FOR ROAD WORKS ABOVE Rs 100.00 lacs

S.No. Laboratory Equipment Required Quantity Quantity

Required for required
New for M/T
connectivity of
Roads Roads

1 Post Hole Auger with Extensions One set

2 Digging tools like pickaxe, shovel, etc One set

3 IS Sieves Nos. with lid and pan One set One set

(90mm, 80mm, 63mm, 53mm, 45mm, 27.5mm, 26.5mm,

19mm, 13.2mm,11.2mm, 9.5mm, 37.5mm, 2.8mm, 5.6mm,
3.35mm, 2.36mm, 600 micron, 425 micron, 300 micron, 150
micron, 180 micron, 90 micron and 75 micron 42)

4 Standard Proctor Density Test Apparatus with rammer One set

5 Sand Pouring Cylinder with tray complete for field density One set

6 Core Cutter (10cm dia), 10cm/15cm height complete with One set
dolly and hammer

7 Speedy moisture meter complete with chemicals One set

8 Straight Edges Two no

9 Digital Thermometers Three No

10 Liquid Limit and plastic limit testing apparatus complete with One set
One set water bottle and glass wares

11 Gas burner, sand bath One set

12 Camber Board Two set

13 Electronic/digital balance 1 kg with the least count of 0.01 gm One set One set

14 Electronic/digital balance 5 Kg One set One set

15 Pan balance with weight Box, 5 Kg One set One set

0
16 Oven (ambient to200 C) One no.
0
17 Water bath (ambient to100 C) One set
18 Bitumen extraction apparatus One set

19 Penetration apparatus (Bitumen) One set

20 Enamelled tray One set

21 Measuring taps, spatula, glassware, porcelain dish, pestle One set

mortar

22 Trays for measurement of tack coat quantity Three No

23 Slump cone Two No

24 Aggregate Impact Value Apparatus One Set

25 Cube Mould (150X150X150) mm Six No.

26 Water Absorption test Apparatus One Set

27 Thickness Gauge One No.

Note:
(a) For works costing more than Rs 100 lacs the bidder shall set up field test lab with above
mentioned equipments with in fifteen days of award letter. In case this is not provided at site Rs.
25000/- shall be withheld from his bills and shall be released only after necessary equipments
are provided by the contractor. During that period the test shall be got conducted in the deptt.lab
and the expenditure shall be deducted from the contractors bill. Non compliance of this provision
shall entail forfeiture of the withheld amount of Rs 25000/-.

(b) In case where new connectivity or widening is being done with M/T, then all equipments
shall be required.

(c) For works below Rs 100.00 lacs the quality tests shall be conducted in the Deptt. labs
and expenditure incurred shall be deducted from the contractors bill.