(I) These rules may be called the Punjab State, Agricultural Marketing Board (Engineering Wing) Execution of work Rules, 1979.
(ii) These rules shall apply to all works executed by the Engineering Wing of the Board, irrespective of the fact whether the same are financed by Committees, Board or the Government.
(iii) They shall come into force immediately.
2. Definition -
In these rules, unless there is anything repugnant to the subject or:-
(a) 'Act' means the Punjab State Agricultural Produce Markets Act, 1961;
(b) ' Account Officer' means the Senior Accounts Officer of the Board;
(c) 'Assistant Engineer' means the Assistant Engineer incharge of a Sub-Division of the Board;
(d) 'Chairman' means the Chairman of the Board;
(e) 'Chief Engineer' means the Chief Engineer of the Board;
(f) 'Contractor' means a person with whom an agreement is entered into for the execution of a work of the Board or work of any of the Committees under the control of the Board;
* The rules were published in Punjab Govt. Gazatte (Extra.) dated 25-1988 vide Notification No. 11(4)-M1-88/9104
1[(ff)'Deposit Work' means a work which carried out by a Department/Agency/Organisation different from the Department/Agency/ Organisation to which the work pertains on depositing of funds by the concerned Department/Agency/Organisation with the Department/Agency/ Organisation which has to carry out the execution of work.]
(g) 'Engineering Wing' means a Wing of the Board entrusted with the execution of civil, electrical, public health and horticulture works of the Board. [See Amendment]4
(h) 'Executive Engineer' means the Executive Engineer incharge of a Division of the Board;
(i) 'Major Work' means a work estimated to cost more than 2[Fifth thousand] rupees;
(j) 'Minor Work' means a work which is not a major work;
(k) 'Sectional Officer, means the Sectional Officer of the Board.
Note:- All other expressions not defined herein shall carry the meaning as assigned to the same in Codes and Manuals applicable to the Punjab Public Wroks Department and the Punjab State Electricity Board, as the case may be.
3[(l) 'Superintending Engineer' means the Superintending Engineer of the Board.]
1. Added vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
2. Substituted vide ibid.
3. Added vide bid.
4. Omitted vide notification No. G.S.R. 44/P.A.23/61/S. 43/Amd. (5)/2001 dated 10-04-2001
3. Powers and duties of officers of the Engineer Wing
(1) Sectional Officers (Civil) shall be incharge of all works falling in the jurisdictional area of 1[a section of a Sub-Division of the Board as may be ordered by Superintending Engineer], irrespective of the fact whether such works are financed by the Board or the Committees themselved. The principal functions of a Sectional Officer shall be:-
(i) to prepare requisitions, plans and estimates of all minor works including special repairs, aditions and alterations and submit the same to the Assistant Engineer;
(ii) to give Nishans for all works to be done in his Sctions;
(iii) to carry out all survey and levelling work.
(iv) To supervise the execution of all buildings and roads works and repairs in his section through Contractors or departmental labour, and to ensure that the same are executed according to plans and specifications;
(v) To maintain a register of progress and instructions in case of major works and to present the same to Inspecting Engineering Officers of the Board whenever called for;
(vi) To arrange and employ labour within sanctioned rates in case of departmental execution of works and to ensure timely payment to all such labour;
(vii) To maintain accounts of all sock and Tools and Plants in his charge, and also to maintain register of materials at tsites of works;
(viii) To take measurement of all works executed in his section
1. Substituted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
and to assist the Assistant Engineer and the Executive Engineer in doing check measurement and also to take timely measurement of all items which are to get concealed.
(ix) To prepare running bills of all works and final bills of works upto one lakh rupees for submission to the Assistant Engineer alongwith measurement books, and also to record measurements of steel reinforcement whenever called for to do so.
(x) To supervise labour employed on daily basis and to submit labour reports to the Assistant Engineer daily;
(xi) To prepare, maintain and submit in time Muster Rolls of work-charged establishment, if any under him, and to arrange timely payment of their wages;
(xii) To check each half-year, all the stores in his charge and to prepare half-yearly stock returns showing closing balance; and also to prepare and submit a yearly return of all Tools and Plants atricles in his charge to the Assistant Engineer;
(xiii) To keep the measurement Books, Muster Rolls and other relevant documents issued to him in safe custody;
(2) Assistant Engineer shall be incharge of a Sub-Divisional officer and will have jurisdiction over all works falling within the area of four or more sections as may be ordered by the Chief Engineer from time to time. He shall be an Assistant to the Executive Engineer and shall be responsible to him for the management and execution of all works falling within his Sub-Divisions. His main functions and responsibilities shall be:-
(i) to check at site and examine Nishans, survey plans and rough cost estimates prepared by the Sectional Officer, before submission to the Executive Engineer;
(ii) to arrange and supervise the actual execution of all works in the Sub-Division in accordance with the sanctioned estimates, specifications, drawings and financial provisions;
(iii) to check the foundations personally in case of important buildings, bridges and culverts etc. to ensure the soundness and to record the measurements thereof, and also to check and record the measurements of all other underground items of works, before the same are concealed;
(iv) to maintain all initial accounts of expenditure on works in his charge to see that there is no excess over the sanctioned estimates and submit the same to the Executive Engineer every month;
(v) to take measurements of all important items of works such as foundations and steel reinforcement, and to check measure of all works measurements for which are recorded by the Sectional Officer. For the preparation of final bills of Originally Works, he shall either record the measurements personally or exervise hundred percent check if the measurements are recorded by the Sectional Officer;
(vi) to check the Muster Rolls of labour employed and make payment to them personally in case of works under execution through departmental labour, and further to ensure that the progress achieved is commensurate with the expenditure incurred on labour and the same is within the sanctioned provisions. He shall also exercise occasional check over the labour;
(vii) to keep a vigilant control over expenditure and report progress of work to the Executive Engineer every month and also to report such progress to the higher authorities if so desired;
(viii) to check all stores in his Sub-Division twice a year and the Tools and Plant articles once a year and to record a certificate of this check on the relevant document or register;
(ix) to exercise proper care for the safe custody and appropriate use of funds of the Board or Committees as the case may be, which may be with him or his subordinates in the form of imprest, and render account of the same to his Executive Engineer every month.
(3) Executive Engineer (Civil), shall be incharge of the Divisional Office and all works falling within the jurisdiction area of 1[committees of two or more divisions] as may be ordered by the Chief Engineer from time to time. His main functions and responsibilities shall be:-
(i) to maintain detailed accounts of all works under execution in his Division and Contractors Ledgers as per system in vouge in the Punjab Public Public Work Department, Building and Roads Branch, irrespective of the fact whether the works are financed by the Board or by any of the Committees;
(ii) to get monthly account of all expenditure incurred, prepared by the Divisional Accountant and to submit the same to the Accounts Officer, normally by the tenth of the next month;
1. Substituted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
(iii) to invite tenders for all major works and to execute agreements with the tenderers whose tenders are accepted by the Chief Engineer;
Explanation - Where all the components of a building work such as Civil, Public Health and electrical are allotted to the same contractor, the agreement shall be executed and operated upon by him.
(iv) to exercise 1[a frequent inspection or check] of all woks under execution in this Division and to ensure that all works are executed according to approved specifications, designs and within the sanctioned financial provisions;
(v) to ensure timely payment to all Contractors, work-charged staff and labour engaged on daily wages basis;
(vi) to arrange adequate supplies of all building materials like cement, steel and bricks etc. which may be required to be supplied to the contractors under terms of agreements, or for use direct on works which may be taken up departmentally;
(vii) to get prepared all rough cost and detailed estimates for major works either in the Divisional Office through the Divisional Head Draftsman or the Assistant Engineer;
(viii) to inspect each Sub-Divisional Office at least once a year and record his observations in the form of an inspection report, copy of which should also be sent to the Chief Engineer bringing out serious lapses, if any, in the working of the Sub-Division;
1. Substituted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
(ix) to see that all machinery provided in the Division is well maintained and is made proper use of;
(x) to check a suitable quantity of measurements recorded by the subordinate staff in respect of all major works before the same are finally paid for;
(xi) to achieve Co-ordination with the Executive Electrical Engineer of the Board and the Executive Engineer, Public Health of the Board for the proper and orderly execution of major works relating to buildings under his charge;
(xii) to execute all buildings and roads works according to approved specifications and designs and within the provisions of sanctioned estimates;
(xiii) to prepare and implements "Food for Work" Schemes wherever adopted;
(xiv) to represent the Board and committees in all arbitration proceedings in respect of the agreements executed by him to prepare defence for all such cases and get the same approved by the legal cell of the Board before submission to the Arbitrator.
(xv) If called upon to do so, to represent his Senior Officers in meetings at different levels;
(xvi) 1[ ]
1. Deleted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
(xvii) to maintain and upkeep the buildings constructed out of the funds of the Board [See Amendment]4
(xviii) to accord technical sanction to detailed Estimates upto an amount of one lakh rupees in each case. 1[and to approve tenders of works as provided under rules];
2(xix) to ensure that the work of all field surveys, levelling, collection of field data, etc. required for the preparation of estimates for works is carried out by the Sectional Officer or the Assistant Engineer correctly and proper checks are exercised the accuracy of the data on which the estimates are based; and
(xx) to take prompt action in cases of dereliction of duty by the officers working under him and where necessary to take immediate action against the defaulting staff and to send detailed report to his immediate superior officer where serious lapses come to light.
4. Executive Engineer (Public Health), shall be incharge of the execution of all water supply and sewerage schemes and public health part of all building works, original as well as maintenance, and will be responsible to the 3[Supertending Engineer] for the proper designing and execution of all such works according to approved designs, specifications and within the sanctioned  [See Amendment]5
1 & 2. Added vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
3. Substituted vide ibid.
4. Omitted vide notification No. G.S.R. 44/P.A.23/61/S. 43/Amd. (5)/2001 dated 10-04-2001
5. Substituted vide notification No. G.S.R. 44/P.A.23/61/S. 43/Amd. (5)/2001 dated 10-04-2001
Note: The powers and duties of the Executive Engineer, Public Health, Assistant Engineer and Sectional Officer, Public Health will be analogous to those of Executive Engineer (Civil), Assistant Engineer (Civil) and Sectional Officer (Civil) respectively, in respect of the execution of work assisgned to them.
5. The Executive Engineer (Electrical), shall be incharge of all street lighting works in Mandis and internal and external electrification of all building works including maintenance there of, and will be responsible to the 1[Superintending Engineer] for the proper execution of all such works according to approved designs, specifications and within the sanctioned financial provisions, irrespective of the fact whether such works are financed by the Board or by the Committees.
Note:- The powers and duties of the Executive Engineer, Electrical, Assistant Engineer (Electrical) and the Sectional Officer (Electrical) will be analogous to those of those of Executive Engineer (Civil), Assistant Engineer (Civil) and Sectional Officer (Civil) respectively, in respect of the execution of work assisgned to them.
6. Horticulture and Landscaping Officer shall do all landscaping work in Mandis and will also be responsible for the maintenance of all horticultural works. He will be under the control of the 2[Superintending Engineer] and will be responsible to him for the proper execution of all above mentioned works according to sanctioned financial provisions.
3[6-A. The Superintending Engineer shall be responsible to the Chief Engineer for the Administrative and General professional control of all the works under the charge of the officers of the Engineering Wing within his jurisdiction His main functions and responsibilities shall be:-
1. Added vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
2. Substituted vide ibid.
3. Inserted vide ibid.
(i) to inspect various works within his jurisdiction to satisfy himself that the system of management prevailing is efficient and economical and that the works are being executed in a methodical manner and in accordance with the required specifications and the desired standards;
(ii) to issue from time to time, such instructions and orders for the guidance of the officers subordinate to him as will enable them to eliminate faults and short-comings found in their working and to discharge their duties in accordance with the requirement of the job.
(iii) Subject to the control of the Chief Engineer, to exercise powers of according technical sanctions to the detailed estimates and of approving tenders of works as indicated in these rules;
(iv) To examine the register of works so as to keep a vigilant watch over the rates of works and where he considers if necessary to direct the Executive Engineer to report to him monthly or at longer intervals on a works slip Punjab Public Works Accounts form No. 38, the total expenditure to-date under each sub-head of a work compared with the sanctioned estimate;
(v) To investigate excesses over sub-heads with a view to decide whether or not a revised estimate will be required for the work and when a revised estimate is required to see that it is submitted to the sanctioning authority in due time;
(vi) To see that no delay is allowed to occur in the submission of completion reports or completion statements wherever necessary;
(vii) To examine the conditions of surveying and mathematical instruments and also the items of machinery, plant and equipment and to take suitable steps and issue necessary instructions to ensure that all these items are kept in good working conditions and are put to optimum use;
(viii) To see that different articles in stock are duly verified according to the rules laid down and that there is no accumulation of stock of any item in a Division beyond its requirements;
(ix) To proceed to any place in his jurisdiction and to report on any important design or work or any serious accident or threatened danger connected with the works within his charge;
(x) To see that the authorised system of accounts is maintained;
(xi) To inspect each Divisional Office in his jurisdiction at least once in a year to examine initial accounts, - accounts of stocks, tools and plants and stock manufacture, registers of works and other divisional books, mode of preparation of estimates, contract agreements, contractor's accounts, system of recording plans and papers and office work generally and to review the position of the divisional accounts with the Executive Engineer concerned;
(xii) to ensure that all periodical reports and returns due for submission to the Chief Engineer are sent in time; and
(xiii) to call a meeting of the representatives of the contractors and Labour Co-operative Societies working in particular Division, at the Divisional Headquarters once in every six months for ascertaining up-to-date position of running and final bills of the contractors and Societies and to ensure clearance of such bills.]
1[7. Subject to the control of the Secretary o the Board, the Chief Engineer shall be overall incharge of Engineering Wing. He shall be responsible to the Secretary of the Board for efficient discharge of the functions assigned of all approved subordinates and for assigning and execution of all approved Civil, Electrical and Public Health Works within the budgetary allotment or financial provisions and shall be responsible for the execution [See Amendment]2. The principal functions of the Chief Engineer Shall be:-
(i) to accord technical sanctions to detailed estimates and providing of tenders of works as provided in these rules;
(ii) to ensure that the staff working in the engineering wing is deployed suitably keeping in view the best interest of works in respect of planning and economical execution;
(iii) to prepare a Draft of Annual budget estimates relating to works to be financed from the funds of the Board by 15th February of each year;
1. Substituted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
2. Substituted vide notification No. G.S.R. 44/P.A.23/61/S. 43/Amd. (5)/2001 dated 10-04-2001
(iv) to keep a close watch over the progress and execution of various works and to see that the budget allotment of the year are fully expended, consistent with the general economy and to issue necessary instructions and specify suitable norms for expenditure over each month of quarter in order to prevent large expenditure in the last months of the financial year for the sole purpose of avoiding lapse of funds.
1[(4) Execution of Works -[See Amendment]1[See Amendment]2[See Amendment]3[See Amendment]4
The Engineering Wing shall be responsible for execution of works whether financed by the Board or the Committees, provided that a Committee may get any work executed relating to urgent repairs and maintenance of office buildings, rest-houses and canteens and markets directly subject to the condition that expenditure on such a work does not exceed thirty thousand rupees at a time and rupees two lac per annum and that monthly statements are submitted to the Engineering Wing with regard to the expenditure so incurred entries of all such works carried out by the Committee will be made by the Sectional Officer in the Measurement Book issue by the Executive Engineer and passed on to the Committee for pass and payment by the competent authority, as may be prescribed by the Board from time to time, wherever if shall be returned to the Sectional Officer for keeping it in safe custody and it will be open to check by the Assistant Engineer of the Executive Engineer.]
1. Substituted vide notification No. G.S.R. 44/P.A.23/61/S. 43/Amd. (5)/2001 dated 10-04-2001
2 . Substituted vide notification No. 11/11/2002-M-3/16099 dated 02-10-2002
3 . Substituted vide notification No. G.S.R.27/P.A.23/1961/S.43/Amd.(6)/2012.
5. Planning and Design -
The executive Engineer (Civil) shall submit
site plans of all Original building works to the Chief Engineer where layout plans and designs will be got finalised by him through the Architectural and Drawing Branches of the Board, and in case of major commercial buildings through the specialist Architectural/Structural Engineering firms.
6. Prohibition on change in design -
No material change in design shall be made during construction by the field staff except with the specified approval of the Chief Engineer.
7. Specifications to be adopted -
Unless otherwise specified, P.W.D. specifications detailed in the Book entitled "Punjab P.W.D. specification 1963" and where the same is silent, Indian Standards Institute (I.S.I.) specifications shall be followed for all items of works, provided that for street lighting specifications applicable in the Punjab State Electricity Board shall apply.
8. Schedule of rates -
For all purposes such as estimating, tendering and billing etc. rates provided in the Punjab Public Works Department Common Schedule of Rates 1 as amended from time to time shall be applicable. Premium approved from time to time for various Zones and Chapters of the Schedule shall also automatically apply for all such purposes.
(1) for works falling within the Union Territory of Chandigarh, the Schedule of rates and premium in force in the Union Territory shall apply;
(2) for all financial matters Departmental Financial Rules contained in the Financial Hand Book Bo.3 as applicable to the Department of Public Works, shall be applicable.
9. Preparation of Rough Cost Estimates -
On receipt of plans the Sectional Officer concerned shall survey the site of work and submit the survey plan showing full dimensions, contours and ownership of land in case of works in market yards, to the Assistant Engineer concerned who after its scrutiny and check at site shall submit the same to the Executive Engineer to preparing a Rough Cost/Detailed Estimates;
Provided that in case of building works the Executive Engineer (Public Health) and the Executive Engineer (Electrical) shall intimate the costs of work to be undertaken by them, to the Executive Engineer (Civil) who shall prepare the Rough cost Estimate adding therein such costs in lump-sum. He shall also add ten percent "Establishment Charges" at the end of the estimate and submit the same to the 1[Superintending Engineer.]
10. Administrative Approval -[See Amendment]4[See Amendment]5
(1) *On receipt of rough cost estimate from the Executive Engineer, the same will be scrutinised by the Drawing Branch of the Chief Engineer who after going into it shall sign it and submit the same to the 2[Secretary of the Board] or chairman of the concerned market committee as the case may be,for Administrative approval. On the receipt of the said estimate, the chairman, Market committee may accord Administrative approval for construction and repair of link roads and development works upto ten percent of the budget provison in a particular head of the approved budget of the Market Committee of that Particular year. The approval when accorded and conveyed by the secretary of the Board or the chairman, as the case may be, and would mean a directive to the Engineering wing to go ahead with the works and a clear financial sanction to incur expenditure to the extent of amount of the estimate, by debit to the Marketing Development Fund of the Board or the fund of the Committee concerned as the case may be. In case of works which have to be entirely financed by Committee, such administrative approval shall also be conveyed to the Committee concerned by the Secretary of the Board.
1to 3. Substituted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
4. Substituted vide notification No. G.S.R. 44/P.A.23/61/S. 43/Amd. (5)/2001 dated 10-04-2001
5. Substituted vide notification No. 11/11/2002-M-3/16099 dated 02-10-2002
* Sub vide Notification No 11/18/06-M-3/4450, dated 20/7/07, published inthe gazette dated 4-8-2006
Note:- While Endorsing Administrative approval to the Executive Engineer Concerned the chief Engineer will also endorse copies therof to the Executive Engineer, Public Health, conveying estimated provisons approved for parts of the works to be undertaken by them.
(2) In case of major building works, copy of Administrative approval shall also be endorsed to the Architect or the Architectural Drawing Branch of the Board for preparation of detailed plans of the building plans of the building for submission to the Chief Engineer.
(3) As soon as administrative approval is accorded for the execution of a work. Copy thereof shall also be endorsed by the Secretary of the Board to the Accounts Officer who shall place the sanctioned amount in the Account of the Executive Engineer concerned within ten days of the date of receipt of Administrative approval, subject to the extent of budgetary provisions provided that where the work is to be financed by a Committee, funds to the extent of budgetary provision shall be deposited with the Executive Engineer by the Committee concerned within the aforesaid period.
(4) Administrative approval to a work once granted shall remain operative for a period of three years. If the work is not started within the period a fresh Administrative approval shall be required to undertake the work.
11. Technical sanction to detailed estimates -
[*] On finalization of plans, the Chief Engineer Shall get a detailed estimate of the work prepared by the Executive Engineer concerned, based on detailed design and drawings by working out quantities of each item of the work in detail and accord technical sanction to the same.The detailed estimate shall include provisions for Contingencies of the work, at one percent of the amount of estimate and for the work charged establishment, at two percent of the amount of estimate. Copy of technically sanctioned estimate by the competent authority, shall be sent to the board and to the concerned Market Committee. After the completion of the work the details of the expenditure incurred, shall be sent by the Executive Engineer concerned to the Mandi Board or Market Committee as the case may be.
* Sub vide Notification No 11/18/06-M-3/4450, dated 20/7/07, published inthe gazette dated 4-8-2006
1[11-A. Powers for according technical sanctions -[See Amendment]2
The following officers of the Engineering Wingh shall be empowered to accord technical sanctions to the detailed estimates of works of annual repairs of the works already executed and new works reflected in the approval estimates upto the limits indicated against each:-
(a) Executive Engineer .................. upto rupees five lac 
(b) Superintending Engineer.............. upto rupees fifteen lac 
(c)Chief Engineer .................. full powers
Provided that in respect of other works not foreseen in the estimates, the above officers shall exercise powers equivalent to those vested in the officers of corresponding ranks in the Department of Public Works (Building and Roads Branch) or the Department of the Public Works (Public Health Branch).
Note:- In exceptional cases of urgent nature an Executive Engineer may commence a work for which administrative approval has already been accorded, in anticipation of sanction of the detailed estimates. However, reason for the urgency shall be recorded in writing and written orders of the Superintending Engineer or the Chief Engineer Shall be commencing the work in anticipation of sanction.]
1. Substituted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
2& 3. Substituted vide notification No. G.S.R. 52/P.A.23/61/S. 43/Amd. (3)/98. dated 21-07-1998
12. Revised Administrative Approval and Technical Sanction -
1[(1) The estimated amount fo detailed estimate may exceed the amount for which administrative approval has been granted by ten percent and the actual expenditure on execution of a work may also be in excess of the amount of administrative approval upto ten percent in respect of works falling within the competency of the Executive Engineer or the Superintending Engineer or the technical sanction subject to the condition that the total amount including the excess allowed as aforesaid remains within their competency for according technical sanction under rule 11. The Chief Engineer shall have the power to allow excess to the extent of fifteen percent percent over the amount of administrative approval both for technical sanction as well actual expenditure.]
In case the amount of detailed estimate or actual expenditure exceeds the aforesaid percentages; revised Administrative approval or technical sanction as the case may be, shall be obtained after submitting the recast estimates. Release of additional funds to the extent of such excess or revised approval shall be obligatory for the Board or the Committee, as the case may be.
(2) If during the course of actual execution of a work any variation in the quantities of various items provided in the sanctioned estimate becomes essential, the Executive Engineer shall be competent to approve the same, provided the overall expenditure remains within the permissible limits. However, any deviation in the design or specifications of any item, shall require prior approval of the Chief Engineer.
(3) Savings, if any against a sanctioned estimate, can be utilised for the execution of an additional work not contemplated in the original plan of the work, but fairly contingent upon it with the approval of the Chief Engineer.
13. Application Register
The 1[Executive Engineers] Superintending Engineers as well as the chief Engineer shall maintain a register called the Appropriation Register detailing therein the name of each work, reference to Administrative approval, technical sanction and the funds alloted from year to year. The figures of progressive monthly expenditure shall also be maintained simultaneously in respect of each work.
14. Annual repairs to Buildings and Roads -[See Amendment]2
(1) A Standard Estimate shall be prepared for annual repairs separately for each building including all its subsidiary buildings, and auction platforms etc. in markets yards, by the Sectional Officer/Assistant Engineer; and got sanctioned by the  Competent Authority . Similar estimates by the Assistant Engineer departmentally or through Contractors by calling competitive quotations, within the funds made available for the purpose by the Committee concerned.
(2) The Standard Estimates shall be resubmitted to the  Competent Authorityif revision of premium provided therein is contemplated.
1. Substituted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
2 & 3. Substituted vide notification No. G.S.R. 44/P.A.23/61/S. 43/Amd. (5)/2001 dated 10-04-2001
15. Notice Inviting Tenders -
Immediately after the receipt of Administrative approval/technical sanction to a work, the Executive Engineer shall issue a Notice Inviting Tenders. Unless, otherwise ordered by the 1[Superintending Engineer] or the Chief Engineer the tenders should invariably be invited on percentage rate basis with reference to the Punjab Public Works Department Common Schedule of Rates. Where the estimated amount of work put to tenders is beyond the competence of the Executive Engineer, he shall send the Notice Inviting Tenders to the 2[Superintending Engineer and the Chief Engineer] and get the same approved before the date fixed for receipt of tenders. The approved Notice Inviting Tenders which is supposed to contain details of materials to be issued, drawings and details of quantities of various items of the work required to be got executed; should be made available for being seen by the intending tenderers. The notice inviting tenders should clearly indicate the amounts of earnest money to accompany the tender in the form of deposit at call made in the name of authority calling the tenders.
3[16. Publicity to call of Tenders -
With a view to inviting competitive rates, due publicity shall be given to the Notice Invite Tenders as per para 7.6 (c) of Public works Depatment (Building & Roads) Manual of Orders as amended from time to time.
1 to 3. Substituted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
1[16-A Acceptance of tenders - The tenders for works costing upto rupees ten lacs shall be called by the Executive Engineer and for works costing more than rupees ten lacs the tenders shall be called by the Chief Engineer. The officers of the Engineering Wing shall exercise powers of accepting tenders as specified against each as under:-
Note:- The power for sanction of tenders shall be subject to the following conditions:-
 (a) Executive Engineer:- Upto five lacs
(b) Superintending Engineer:- Upto Fifteen Lacs.
(c) Chief Engineer:- Full Powers.
17. Sale of Tender Form -
A fair number of tender forms complete with drawings and other details shall be prepared and kept ready for sale of intending contractors at fixed price.
 Sub vide notification no. G.S.R. 52/P.A. 23/61/S.43/Amd (3), 98, dated 21/7/98
18. Opening of Tenders -
(1) The tenders shall be opened by the Executive Engineer or on his behalf by the Assistant Engineer in the presence of the Divisional Accountant, Head clerk and such of the Contractors who may care to be present at the appointed time. The rate of each tender should be announced and written in words on the tender by the office opening the tenders, under his dated initials. Tenders not accompanied by the requisite amount of earnest money shall not be entertained and the sane may be returned or kept aside without announcing the rate thereof. All other tenders shall be entered in the tender register by the office opening the tenders. In case any contractor other than the lowest three wants his earnest money back, the same may be returned to him the same day. Earnest money shall not be adjusted against any pending dues of the contractor.
(2) In cases where acceptance to tenders falls beyond the competence of the Executive Engineer, he shall send the tenders to the 1[Superintending Engineer or Chief Engineer, as the case may be] accompanied by comparative and financial statements with his own recommendations.
19. Execution of Agreement with the Contractor -
As soon as a tender is accepted by the 2[Executive Engineer, the Superintending Engineer] or the Chief Engineer, as the case may be, the Executive Engineer shall immediately convey acceptance to the contractor under a registered cover acceptance to the contractor under a registered cover and execute agreement with him in the form specified and notified by the Punjab Public Works Department (building and Roads) from time to time.[See Amendment]3. No running payment shall be made to the contractor unless the Agreement is executed by him.
1 to 2. Substituted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
3. Substituted vide notification No. G.S.R. 52/P.A.23/61/S. 43/Amd. (3)/98. dated 21-07-1998
20. Arbitration -
In case of any dispute under any of the terms of the agreement between the Contractor and the Executive Engineer the 1[Superintending Engineer] shall act as arbitrator.
21. Call of Quotations -
In case of minor works the Assistant Engineer may call quotations from the local contractors and after approval to rates by the Executive Engineer, the work may be allotted on "Work Order" basis. Failure on the part of the contractor to execute the work will make him liable to be debarred from tendering in the Board for a minimum period of six months.
22. Hiring of machinery -
In case of any machinery is required to be hired for the execution of a building or road work, the Executive engineer may hire the same within the rates and provisions made in the sanctioned detailed estimate.
23. Payments to Contractors - Payments to the Contractors shall be made by the Executive Engineer himself through, cheques after getting the bills checked by the Divisional Accountant and it is to be ensured by him that in respect of the works in progress, payments for the work done or supplies made, are made to the contractors at least once a month:
Provided that the Executive Engineer shall get the final bills of all major works preaudited by Accounts Officer or by the local Resident Audit Officer of the office of the Examiner Local Fund Accounts, before payment thereof is made. Provided further, that the Executive Engineer may authorise the Assistant Engineers to make payments upto ten thousand rupees subject to preaudit of the Bill by the Executive Engineer after check by the Divisional Accountant.
24. Issue of Material to Contractors -
(1) All materials such as steel, cement and bricks etc. proposed to be issued to a Contractor, shall be detailed in the Notice Inviting Tenders alongwith rates at which the same are to be supplied. No material other than those specified in the notice inviting tenders shall be issued except with the prior approval of the Chief Engineer and that too in exceptional cases only.
(2) Recovery for the cost of all material issued to a contractor shall normally be made from the next bill payable to the contractor. The Executive Engineer may, however, at his own direction and responsibility order recovery for material based on actual consumption. However, in such cases a certificate shall be recorded in the measurement book by the Assistant Engineer and the Executive Engineer stating that the balance material is lying at site of the work in safe custody of the Contractor.
(3) Care shall, however be taken that materials are not issued to a Contractor in such large quantities as are not likely to be consumed within a month or so, because there will otherwise be tendency on the part of the contractor to misuse or misappropriate the surplus quantities. Issue of small quantities will also avoid heavy recoveries from the bill of the Contractor.
(4) A register showing daily consumption of material issued to the Contractor, shall be maintained at the site of work by the Sectional Officers.
1[Note:- (2) The chief Engineer may, with the prior written approval of Secretary of the Board restrict the powers of any of the Superintending Engineer, Executive Engineer and Assistant Engineers, it so warranted by circumstances.]
25. Periodical Returns -
The following Returns shall be submitted by the Officers hereinafter mentioned;
(1) Monthly Stock Return - Each Sectional Officer incharge of stocks shall submit monthly stock return to the Assistant Engineer who after compiling the returns in respect of his Sub-Division, shall submit the same to the Executive Engineer.
(2) Material at site Accounts - Each Sectional Officer incharge of the execution of a major work shall submit material at site account to the Assistant Engineer every month, who in turn shall submit the same to the Executive Engineer.
(3) Daily Progress Report - In respect of works under execution departmentally though temporary labour, the Sectional Officer shall submit to the Assistant Engineer daily progress report indicating the strength of labour employed and the work done.
(4) Road Metal Return - Each Sectional Officer incharge of a road work shall submit to the Assistant engineer monthly returns indicating the receipt, consumption and balance of all road making materials which may be in his charge for a road work in progress. After check with the corresponding entries in the measurement book the Assistant Engineer will submit the same to the Executive Engineer, where the Divisional Accountant will check and get the same field.
(5) Monthly Progress Report - A report showing financial as well as Physical Progress of each work shall be submitted each month by the Assistant Engineer indicating the progress achieved by the end of previous month and during the month. After compilation in the Divisional Office, the Executive Engineer will submit the same to the 1[Superintending Engineer.]
(6) Monthly expenditure statement of works - A Committee wise monthly expenditure statement shall be submitted by the Executive Engineer to the Chief Engineer with a copy to the Accounts Officer. This statement shall also indicate the works with amounts administratively approved for a Committee and the total deposit of funds made by the Committee against such works, with the Executive Engineer.
(7) Monthly reconciliation statement of deposits and withdrawals - The Executive Engineer reconcile the deposits and withdrawals with the Bank concerned in respect of each account, at the close of the month and shall send the reconciliation statement to the Account Officer regularly with a copy to the 1[Superintending Engineer.]
(8) Monthly Account - A monthly account of all expenditure incurred during the month shall be submitted by the Executive Engineer to the Accounts Officer by the tenth of the next month.
3[(9) Monthly statement of sanctioned estimates - The Executive Engineer shall submit to the Superintending Engineer, a statement showing the names of all estimates sanctioned by him during the month, together with the amount of each estimate. The Superintending Engineer shall submit a similar statement to the Chief Engineer which shall include all estimates sanctioned by the Executive Engineer as well as by him.]
1 & 2. Substituted vide notification No. G.S.R. 55/PA. 23/61/S. 43/Amd. 89 dated 22-05-1989. Published in gazette dated 23-06-1989.
3. Inserted vide ibid.
ANNEXURE - I
(See rule 19)
Form of Agreement to be executed in case of percentage rate contacts
THE PUNJAB STATE AGRICULTURAL MARKETING BOARD
 Name of Contractor:-
Name of work:-
1. All work proposed for execution by contract will be notified in a form of invitation to tender posted on a board hung up in the office of and signed by the Executive Engineer.
This form will state the work to be carried out 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 by the tender, and the amount of the security deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted from bills, copies of the specifications, designs and drawing schedule rates and any other documents required in connection with the work, signed for the purpose of identifications by the Executive Engineer shall also be open for inspection by the Contractor at the office of the Executive Engineer during office hours.
2. In the event of the tender being submitted by a firm, must be signed separately by each member 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 authorising him to do so.
3. Any person who submits a tender shall fill up the usual printed form, stating at how much percent above or below the rates specified in Rule 1, he is willing to undertake the works. Only one rate of percentage more or less on all the Schedule rates shall be named. Tenders which propose any alternation in the work specified in the said form of invitation to tender, or in time allowed for carrying out the form of invitation to tender, or in time allowed for carrying out the work, or which contain any other conditions of any sort, will be liable to rejection. No single tender shall include more than one work, but contractors who wish to tender for two or more works shall submit separate tender for each. Tenders shall have the name and number of the work to which they refer out written outside the envelope.
4. The Executive Engineer or his duty authorised assistant will open tenders in the presence of any intending contractors or their authorized agents who may be present at the time, and will enter the amount of the several tenders in a Comparative Statement in a suitable form. In the event of a tender being accepted a receipt for the earnest money forwarded therewith shall thereupon be given to the contractor who will thereupon for the purpose of identification sign copies of the specifications and other documents mentioned in Rule 1. In the event of a tender being rejected the earnest money forwarded with such unaccepted tender shall thereupon be returned to the contractor make the same.
5. The Executive Engineer shall have the right of rejection all or any of the tenders.
6. The Board may refuse or suspend payments on account of a work when executed by a firm or by contractors described in their tender as a firm unless receipts are signed by all the partners or one of the partners, or some other person produced written authority enabling him to give effectual receipts on behalf of the firm.
7. The receipt of an accountant or clerk for any money paid by the contractor will not be considered as any acknowledgement of payment to the Executive Engineer and the contractor shall be responsible for seeing that he procures a receipt signed by the Executive Engineer.
8. The memorandum of work tendered for and the memorandum of materials to be supplied by the Board and the memorandum of materials to be supplied by the Board and their issue rates, shall be filled in and completed in the office of the Executive Engineer before the tender form is issued.
If a form is issued to an intending tenderer without having been so filled in and completed he shall request the office to have this dome before he completes and delivers his tender.
The contract agreement consists of the following dicuments:-
I/We hereby tender for the execution for the Punjab State Agricultural Marketing Board hereinafter referred to as Board of the work specified in the under-written memorandum within the time specified in such memorandum at*
percent below/above the rates entered in the schedule of rates mentioned in Rules I and in accordance in all respects with the specifications, drawings and instructions in writing referred to in Rule I here of and in Clause II of the annexed conditions and with such materials as are provided for and by in all other respects in accordance with such conditions as far as applicable.
(a) If several sub works, are included they should be detailed in a separate list.
(a) General Description
(b) This deposit will vary from 1 percent to 10 estimated cost of the work according to the requirements of the case.
|(b) Estimated Cost Rs.
(c) Earnest money Rs.
(d) Percentage, if any to be deduted from bills as security deposit. Rs. (Rupees percent)
(c) This percentage, where no Security deposit is taken will Vary from 5 percent to 10 percent As per requirements of the case
Give particulars and numbers Strike out (a) if no case security Deposit is to be taken
(e) Time allowed for the work from the date of issue of letter of acceptance tender by the Executive Engineer, will be considered as the written order commence work.
Should this tender be accepted I/We hereby agree to abide by the and fulfill all terms and provisions of the said conditions of contract annexed hereto so far as applicable or in default thereof to forfeit and pay to the Board or its successors in office the sum of money mentioned in the said conditions.
The sum of Rs. is herewith forwarded in call deposit Receipt as earnest money the full value of which is to be absolutely forfeited to the Board or its successors in Office, without prejudice, to any rights or remedies of the said board or its successor in office, should I/We fail to commence the works specified in the above memorandum, the said sum of Rs. shall be retained by Board on account of the security deposit in Clause I of the said conditions of contract.
| Date the day of
Strike out (b) if any cash security Deposit is taken. Signature of contractor before Submission of tender.
Signature of witness to contractor's Signature.
Signature of the officer by whom Accepted.
The above tender is hereby accepted by me on behalf of the Board.
Dated the day of 19
This will be same perrcentage As that in the tender at (c).
Clause 1. - The person/persons whose tender may be accepted (hereinafter called the contractors) shall permit Board at the time of making any payment to him for work done under the contract to deduct such sum as will (with the earnest money deposited by him) amount to *percent of all moneys so payable. Such deductions to be held by Board by way of security deposit. All compensations or other sums of money payable by the contractors to Board under the terms and of his contract may be deducted from his security deposit or from any account whatsoever, and in the event of his security deposit being reduced by reason of any such deduction the contractor shall within ten days make there after good in cash any sum or sums which may have been deducted from the security deposit or any part thereof.
Compensation for delay
Clause -2 . The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor, and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be of the essence of the contract be proceed with all due diligence time deemed to be of the essence of the contract on the part of the contractor and the contractor shall pay as compensation an amount to one percent or such smaller amount as the executive incharge may decide, on the amount of the estimated cost of the whole work as shown by the tender for every day that the work remains uncommenced , or the tender for every day that the work remains uncommenced, or unfinished after the proper dates. And further to ensure good progress during the execution of the work the contractor shall be bound, in all cases in which the time allowed for any work exceeds one month to complete one-fourth of the whole of the work before one-half of such time has elapsed and three-fourth of the work before three-fourth of such time has elasped. In the event of the contractor failing to comply with this condition he shall be liable to pay as compensation an amount equal to one percent of such smaller amount as the Executive Engineer may decide on the said estimated cost of the whole work for everyday that the due quantity of work remains incomplete provided always that the entire amount of compensation to be paid under the provisions of this clause shall not exceed ten percent of the estimated cost of work as shown in the tender. The chief Engineer may, on a representation from the Contractor, reduce the amount of compensation and his decision in writing shall be final.
Action when whole of Security deposit is Forfeited.
Clause -3 . In any case in which under any clause of clauses in this contract the contractor shall have rendered himself liable to pay compensation the Executive Engineer on behalf of the Board shall have power to adopt any of the following courses as he may deem best suited to the interests of Board:-
(a) To rescind the contract (of which rescission notice in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence, and in which case the security deposit of the contractor shall stand forfeited and be absolutely at the disposal of Board.
(b) To employ labour paid by the Board and to supply materials to carry out the work, or any part of the work debiting the contractor with the cost of the labour and the price of the materials (of the amount of which cost and price a certificate of the Executive Engineer shall be final and conclusive against the contractor) and crediting him with the value of the work done, in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract the certificate of the Executive Engineer as to the value of the work done shall be final and conclusive against the contractor.
(c) To measure up the work of the contractor, and to take such part thereof as shall be unexecuted out of his hands, and to give to another contractor to complete, in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor, if the whole work had been executed by him. (of the amount of which excess the certificate in writing of the Executive Engineer shall be final and conclusive shall be borne and paid by the original contractor) and may be deducted from any money due to him by Board under the contract or otherwise or from his security deposit.
In the event of any of the above courses being adopted by the
Executive Engineer, the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchase or procured any materials or entered into any engagements, or made any advances on account of or with a view to the execution of the work or the performance of the contract. And in case the contract shall be rescined under the provision aforesaid, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performance under this contract unless and untill the Executive Engineer will have 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.
Contractor remains liable To pay compensation If Action not taken under Clause 3. Power to take Possession of or require Removal of or sell contractor's Plant.
Clause 4 - In any case in which any of the powers conferred upon the Executive Engineer by Clause -3 hereof shall have become exercisable and the same shall not be exercised, the non-exercise thereof shall not constitute a waiter of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of defaults by the contractors for which by any clause or clauses hereof he is declared liable to pay compensation amounting to the whole of his security deposit, and the liability of the contractor for past and future compensation shall remain unaffected. In the events of the Executive Engineer putting in force either of the powers (a) or (c) vested to him under the preceding clause he may, if he so desire take possession of all any tools, plant, materials and stores in or upon the works, or the site thereof or belonging to the contractor or procured by him and intended to be used for the execution of the work any part thereof, paying or allowing for the same in account at the contract rates, or in case of these not being applicable at current market rates to be certified by the Executive Engineer whose certificate hereof shall be final, otherwise the Executive Engineer may by notice in writing to the contractor or his clerk of the works, foreman or other authorised agent require to remove such tools, plant, materials or stores from the premises within a time to be specified in such notice ; and in the event of he contractor failing to comply with any such requisition, the Executive Engineer may remove them at the contractors expenses or sell them by auction or private sale on account of the contractor and at his risk in all respects and the certificate of the Executive Engineer as to the expense or any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor.
|Extension of time
Contractor to submit a return every month on any works claimed as extra
Clause 5 -. If the contractor shall desire an extension of the time for completion of the work on the grounds of his having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the Chief Engineer through the Executive Engineer within 30 days of the date of the hindrance on account of which he desires such extension as aforesaid but before the expiry of time limit and the Chief Engineer shall. If in his opinion (which shall be final) reasonable grounds the shown therefore authorize such extension of time, if any, as may, in his opinion be necessary or proper.
Extension of time Clause 5 .A - The contractor shall deliver in the office of the Executive Engineer, on or before the 10th day of every month during the continuance of work covered by this contract a return showing details of any work claimed for as extra, and such return shall also contain the value of such work as claimed by the contractor, which value shall be based upon the rates and prices mentioned in the contract. The contractor shall include in such monthly return particulars of all claims of whatever kind and however arising, which at the date thereof he has or may claim to have against the Executive Engineer under or in respect of or in any manner arising out of the execution of work and the contractor shall be deemed to have waived all claims not included in such return and will have no right to enforce any such claims not so included, whatsoever be the circumstances.
Clause 6 - Without prejudice to the rights to Board under any clause hereinafter contained on completion of the work, the contractor shall be furnished with a certificate by the Executive Engineer (hereinafter called the Engineer-in-charge) of such completion, but no such certificate shall be given not shall be work be considered to be complete untill the contractor shall have removed from the premises on which the work shall be executed all scaffloding, surplus materials and rubbish, and cleaning off dirt from all wood work, doors, walls, floors or other parks of any 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 may be continued upto on or before the date fixed for the completion of the work, the Engineer-in-charge may at the expense of the contractor remove such scaffloding, surplus materials and fubbish and dispose of the same as he thinks fit and clean dirt as aforesaid and the contractor shall forthwith pay the amount of all expenses so incurred and shall have no claim in respect of any such scaffloding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.
|Payment on intermediate Certificates to be regarded As advances.
Clause 7 - No payment shall be made for the works estimate to cost less than rupees one thousand, till after the whole of the works shall have been completed and a certificate of completion given, But in the case of works estimated to cost more than rupees one thousand the contractor shall on submitting bill thereof be entitled to receive a monthly payment proportionate to the part thereof than approved and passed by the Engineer-in-charge whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. But all such intermediate payments shall be regarded as payments by way of advance against the final payment only and not as payments only and not as payments for work actually
done and completed and shall not preclude the requiring of bad, unsound, and imperfect or unskilful work to be removed and taken away and reconstructed or re-erected or be considered as an admission of the due performance of the contract, or any part thereof in any respect, or the accruing of any claim not shall it; conclude, determine, or effect in any way the powers of the Engineer-in-charge under these conditions or any of them as to the final settlement and adjustment of the accounts or otherwise, or in any other way vary or affect the contract. The final bill shall be submitted by the contractor within one month of the ate fixed for completion of the work, otherwise the Engineer-in-chard's certificate of the measurement and of the total amount payable for the work accordingly shall be final and binding on all parties.
|Bills to be submitted Monthly||
Clause 8 - A bill shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all work executed in the previous month and the Engineer-in-charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim as far as admissible, adjusted if possible, before the expiry of ten days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the said work in the presence of the contractor, whose countersignature to the measurement list will be sufficient warrant; and the Engineer-in-charge may prepare a bill from such list which shall be binding on the contractor in all respects.
Clause 9 - The contractor shall submit all bills on the printed forms to be had on application at the office of the Engineer-in-charge, and the charge in the bills shall always be entered at the rates specified in the tender subject to the tendered abatement premium or in the case of any extra work ordered in pursuance of these conditions, and not mentioned or provided for in the tender at the rates hereinafter provided for such work.
|Bill to be submitted On printed forms||
Clause 10 - If the specifications of estimates of work provides for the use of any special description of materials to be supplied from the Engineer-in-charge's store or if it required that the contractor shall use certain stores to be provided by the Engineer-in-charge such material and store, and the prices to be charged therefore as hereinafter mentioned being so far as practicable for the convenience of the contractor, but not so in any way to control the meaning or effect of this control, specified in the Schedule or memorandum hereto annexed), the contractor shall be supplied with such materials and stores required from time to time to be used by him for the purposes of the contract only, and the value of the full quantity of materials and stores so supplied at the rates specified in the said schedule or memorandum may be set off or deducted from any sums then due or thereafter to become due to the contractor under the contract, or otherwise, against or from the security deposit. All materials supplied to the contractor shall remain the property of the contractor, but shall not on any account be removed from the site of the work without the written permission of the Engineer-in-charge and shall at all times be open to inspection by him. Any such materials unused and in perfectly good condition at the time of the completion or determination of the contract, shall be returned to the Engineer-in-charge's, if by a notice in writing under his hand he shall so require; but the contractor shall not be entitled to return any such materials unless with such consent and shall have no claims for compensation on account of any such materials so supplied to him as aforesaid being unused by him, or for any wastage in or damage to any such materials.
|Works to be executed In accordance with Specifications, drawings, Orders etc.||
Clause 11 - The contractor shall execute the whole and every part of the work in the most substantial and workman like manner, and both as regards materials and otherwise in every respect in strict accordance with the specifications. The contractor shall also conform exactly, fully and faithfully to the designs, drawings and instructions in writing relating to the work signed by the engineer-in-charge and lodged in the office, and to which the contractor shall be entitled to have access at such office, or on the site of work for the purpose of inspection during office hours and the contractor shall, if he so requires, he entitled at his own expense to make or cause to be made copies of the specifications and all such designs, drawings and instructions as aforesaid.
|Removal of employees, Workmen and foremen||
Clause 11 - A - The engineer-in-charge shall have full powers at all times to object to the employment of any workman, foreman or other employee on the works by the contractor, and if the contractor shall receive notice in writing from the engineer-in-charge requesting the removal of any such man or men from the work, the contractors shall have to comply with the request forthwith.
No such, workman, foreman or other employee after his removal from the works by request of the Engineer-in-charge shallbe re-employed or re-instated on the works by the contractor at any time except with the previous approval in writing of the Engineer-in-charge.
The Contractor shall not be entitled to demand the reason from the Engineer-in-charge for requiting the removal of any such workman, foreman or other employee.
|Alterations in specifications And designs.
Do not invalidate at the contract
Extension of time in Consequence of Alterations.
Rates of works not In estimate or Schedule of rates of the district.
Clause 12. - The Engineer-in-charge shall have power to make any alteration in or omissions from, additions to or substitutions for, the original specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of the work, and the contractor shall be bound to carry out the work in accordance with any instruction which may be given to him in writing signed by the Engineer-in-charge and such alternations, additions or substitutions shall not invalid and any altered, additions or substituted work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on same conditions in all respects on which he agreed to do the main work, and at the same rates as are specified in the tender for the main work. The time for the completion fo the work shall be extended in the proportion that the altered, additional or substituted work bears to the original contract work and the Certificate of the Engineer-in-charge shall be conclusive as to such proportion. And the altered, additional or substituted work includes any class of work, for which no rate is specified in his contract, then such class or work shall be carried out at the rates then the contractor shall within seven days of the date of his receipt of the order to carry out the work inform the Engineer-in-charge of the rate which it is his intention of to charge for such class of work, and if his Engineer-in-charge of the rate which it is his intention to charge for such class of work, and if the Engineer-in-charge does not agree to this rate he shall, by notice in writing, be at liberty to cancel his order to cary out such class of work and arrange to carry it out in such manner as he may consider advisable, provided always that if the contractor shall commence work or incur any expenditure in regard thereto before the rates shall have been determined lastly herein before mentioned, then and in such case he shall only be entitled to be paid in respect of the work carried out or expenditure, incurred by him prior to the date of the determination of the rate as aforesaid according to such rate or rates shall be fixed by the Engineer-in-charge. In the event of a dispute the decision of the Chief Engineer of the Board shall be final.
|No compensation for alteration in, festriction of work to be carried out||
Clause 13. - If at any time after the commencement of the work the Board shall for or any reason whatsoever not require the whole thereof as specified in the tender to be carried out, the Engineer-in-charge shall give notice in writing of the fact to any contractor who shall have no claim to any payment of or compensation whatsoever on account of any profit or advantage, which he might have derived from execution of the work in full but which he did not derive in consequence of the full amount of the work not having been carried out, neither shall be have any claim for compensation by reason of any alterations having been made in the original specifications drawing, designs and instruction which shall involve any curtailment of the work originally contemplated.
|Compensation payable in case of bad work||
Clasue 14. - If it shall appear to the Engineer-in-charge or his subordinate in charge of the work that any work has been executed with unsound, imperfect, or unskilfulworkmanship, or with materials or with materials of any inferior descriptions, or that any materials or articles provided by him for the execution of the work are unsound, or of a quality inferior to that contracted, contractor shall on demand in writing from the engineer-in-charge specifying the work materials or articles complained of notwithstanding that the same may have been inadvertently pasted, certified and said 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 this own proper charge and colt, and in the event of his failing to do so within a period to be specified by the Engineer-in-charge in his demand aforesaid, then the contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimates for every day not exceeding ten days, while his failure to do so shall continue and in the case of any such failure the engineer-in-charge may rectify or remove the re-execute the work or remove and replace with others, materials or articles complained or as the case may be, at the risk and expense in all respects of the contractor.
|Works to be open to inspection
Contractor or responsible agent to be present
Clause 15 - All work under or in course or execution or executed in pursuance of the contract shall at times be open to the inspection and supervision of the Engineer-in-charge and his subordinates and the contractor shall at all time during the usual working hours, and at all other times at which reasonable notice of the intention of th Contractor or engineer-in-charge or is subordinate to visit the works shall have been given to the Responsible Agent contractor, either himself be present to receive order and instructions or have to be present responsible agent duly accredited in wrirting 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 contract himself.
|Notice to be given Before work is Covered up.||
Clasue 16 - The Contractor shall give not less than fice days notice in writing to the
Engineer-in-charge or his subordinate-in-charge of the works before covering up or
Otherwise placing beyond the reach of measurements any work in order that the same may be measured and correct dimension thereof be taken before the same is so covered up or placed beyond the reach of measurement and work to such notice having been given or consent obtained, 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.
|Contractor liable for damage done and for imperfections for 3 months after certificate.||
Clause 17 - If the contractor or his work people, or servants shall break, deface, injure or destroy any part of a building in which they may be working on any building, road, fence enclosure or glass land, cultivated ground contiguous to the premises in which the work, or any part of its is being executed, or if any damage shall happen to the work, while in progress form any cause whatever or any imperfections become apparent in it within three months after a certificate final or other of its completion shall have been given by the Engineer-in-charge may cause the same to be made good by other workmen, and deduct the expense (of which the certificate of the Engineer-in-charge shall be final from any sums that may be then, or at any time thereafter may become due to the contractor, or form his security deposit.
|Contractor to supply Plant, ladder scaffoldings, etc.||
Clause 18 - The contractor shall supply at this own cost all material except such
special materials if as may in accordance with the contract be supplied form theEngineer-in-charge's stores, plants, tools, appliances, implements, ladders, cordage, tackle, scaffolding the temporary works requisite or proper for the proper execution of the work, whether original, altered or substituted and whether including in the specifications or other documents forming part of the contract or referred to in these conditions or not, or which may be necessary for the purpose of satisfying or complying with the requirements for the Engineer-in-charge as to any alteration as to which under these conditions he is entitled to be satisfied or which he is entitled to And be liable for require together with carriage therefor to and from the work. The contractor shall also Damages arising supply without charge the requisite number of persons with the weighing and asisting,From nonprovision the measurement or examination at any time and from time to time of the work or Of lights fencint, etc. materials. Failing his to doing the same may be provided by the Engineer-in-charge at the expense of the contractor and the expenses may be deducted from any money due to the contractor under the contract or form his security deposit. The Contractor shall also provide all necessary fencing and lights required 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 an 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 compromise any claim by any such person.
Clause 19 - No female labourer shall be employed within the limits of an cantonment.
Clause 19 A - No labourer below the age 12 years shall be employed on the work.
Clause 19 B - The contactor shall pay his labourers not less than the wages paid for similar work in the neighbourhood.
|Work on Sunday.||
Clause 20 - No work shall be done on Sundays without the sanction in writing of Engineer-in-charge.
|Contractor liable for payment of Compensation to Injured workman or in case of death, to his relation.||
Clause 20 A - In every case in which by virtue of the provisions of section 12, sub-section (1) of the Workman's Compensation Act, 1923, Board is obliged to pay
compensation to a workman employed by the contractor, in execution of the works,Board will recover from, the contractor the amount of the compensation so paid and without prejudice to the rights of Government under section 12, sub-section (2) of the said Act, Board shall be at liberty to recover such amount or any part thereof by deducting ot from the security deposit or from any sum due by Board to the contractor whether under this contract or otherwise. Board shall not be bound to contest any claim made against it under section 12 sub-section (1) of the said Act except on the written request of the contractor and upon his giving to Board full security for all costs for which board might become liable to consequence of contesting claim.
Clause 20 B - The contactor shall also be bound by the fair wage clause and labour regulations appended herewith.
|Work not be sublet. Contract may be Rescined and Security deposit Forfeited for Subleting, bribing Or if contractor Becomes insolvent.||
Clause 21 - The contractor shall not be assigned or sublet without the written approval of the Executive Engineer. And if the contractor shall assign or sublet his contract, or attempt so to do or become insolvent or commence any insolvency proceedings or make any composition with is creditor or attempts so to do or if anybribe, gratuity, gift, loan, per quisite, reward or advantage pecuniary or otherwise,shall either directly or indirectly be given promised or offered by the contractor or any of his servants or agents to any public officer or person in the employ of the Board in 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 Executive Engineer, may thereupon by notice in writing rescined the contract and the security deposit of the contract shall thereupon as the forfeited and be absolutely at the disposal of Board, and the same consequence shall ensure as if the contractor had been rescined under Clause 3 thereof and in addition to the contractor shall not be entitled to recover or be paid of any work therefore actually performed under the contract.
|Sum payable by way Of compensation to be Considered as as responsible compensation Without reference to Actual loss.||
Clause 22 - All sums payable by way of compensation under any of these conditions shall be considered to be applied to the use of Board respo- without reference to the actual loss or damage sustained and whether or not any Nsible compensation damage shall have been sustained.
|Deductions of Amounts due to Govt. On any account what-soever to be permi-ssible from sums payable to a contractor.||
Clause 22 A - Any excess payment made to the contractor inadvertently or otherwise
under this contract or any account whatever and any other sum found to be due to Board by the Contractor in respect of his contract any other contract or work-order or any account whatsoever may be deducted from any sum whatsoever payable byGovernment to the contractor either in respect of this contract or any work order or contract or on any other acount by the Board.
|Changes in Constitution of firm.||
Clause 23 - In the case of a tender by partners any change in the constitution of the firm shall be forthwith notified by the contractor to the Engineer-in-charge for his informatioon.
|Works to be under Direction of Superin-Tending Engineer.||
Clause 24 - All works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the Chief Engineer for the Board for the time being who shall be entitled to direct at what point or points and in what manner they are to be commenced and from time to time carried on.
|Claims for payment Of an extraordinary Nature to be referred To Government for Decision.||
Clause 25 - No claims for payment of an extraordinary nature, such as claims for a bonus for extra labour, employed in completing the work before the expiry of the contractual period as the request of the Engineer-in-charge or claims for compensation where work has been temporarily brought to a stand still though nofault of the contractor shall be allowed unless and to the extent that the same shall have been expressly sanctioned by the Board under the signature of its chief Engineer.
Clause 25 A - If any question, difference or objection whatsoever shall arise in any way connected with or arising out of this instruments or the meaning or operation of any part thereof of the right, duties or liabilities of either party, then save in so far as the decision of any such matter is hereinbefore provided for and has been so decided every such matter including whether its decision has been otherwise provided for and has been otherwise provided for and/or whether it has been finally decided accordingly, or whether the contract should be terminated or has been rightly terminated and as regards the rights and obligations of the parties as the result of such termination shall be referred for arbitration to then the result of such terminations shall be referred for arbitration to then Chief Engineer of the Board or acting as such at the time of reference within 180 days viz.six months from the date of making final payment to the contractor or when the contractor is not willing to receive the payment from the date a registered notice is sent to him that his find Bill is ready for payment and his decision shall be final and binding and where the matter involves A claims under or the payment or recovery or deduction of money, only the amount if any awarded in such arbitration shall be recoverable in respect of the mater so referred. *If the matter is not referred to arbitration within the specified period, all the rights and claims under the Contract shall be deemed to have been forfeited and absolutely barred."*Here insert the official designation of the officer to be appointed as arbitrator.
|Stores of European or american manufacture to be obtained From Government.||
Clause 26 - The contractor shall obtain from the stores of the Engineer-in-charge all stores and articles which may be required for the work, or any part thereof or in making up articles required thereof or in making up articles required thereof or in connection with ; unless he has obtained permission in writing from the Engineer-in-charge or to obtain such stores and articles elsewhere. This value of such stores and articles as may be supplied to the contractor by the Engineer-in-charge will be debited to the contractor in his account at rates shown in the schedule attaches to the contractor and if they are not entered in the schedule they will be debited at cost price which for the purposes of this contract shall include the cost of carriage and all other expenses which shall have been incurred in obtaining delivery of the same at the store aforesaid.
|Fluctuation in Railway freight.||
Clause 26 A - Any fluctuations in Railway rates which may occur during the subsistance of and affecting freights of any material to be supplied under this contract shall be brought to the notice of the "Engineer-in-charge" by the contractor within 15 days from such date without prejudice to the rights of Board should the contractor had to comply with the above requirement any excess or charge on account of such increase or decrease shall be credited to or recovered from the contractor. No alteration in contract rates, shall be admissible in consequence of fluctuation in railway freight when such railway freight is on account of material which is required by a contractor in the manufacture of an article to be supplied under this contract, e.g., fluctuations of railway freight on coal required from burning bricks will not be taken into consideration or for an article which form part of a finished work, for purposes of this clause. Similarly no alteration in rates will be allowed when manufactured article is transported by rail from place A to place B to form part of a finished work.
|Lumpsum in estimate||
Clause 27 - When the estimate on which a tender is made includes lump sums in respect of parts of the 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 work in question is not in the opinion of the Engineering-in-charge capable 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 this clause.
|Action where no Specifications||
Clause 28 - In the case of any class of work for which there is no such specifications as is mentioned in Rule 1 such work shall be carried out in accordance with the district specification, and in the event of there being no district specification then in such case the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer-in-charge.
|Definition on works||
Clause 29 - The expression "works" or "work" where used in these conditions shall unless there be something either in the subject or context repugments to such constructions be constructed 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 substitute or additional.
Clause 30 - The percentage referred to at page (3) of the tender will be calculated on the gross amount (Value of finished work including cost of materials whether purchased from Board or direct) of (1) the items of work to which the rates in the tender apply and also (2) the items of work for which rates exist in the schedule of rates of the district.
Clause 31 - Fair wage clause introduced vide Secretary to Government, Punjab, P.W.D., B & R. Simla, Memo No. 118-G, dated 6th November, 1951 will be binding on the contractor and he will strictly follow the terms and conditions laid down therein during the execution of the work.
Clause 32 - East Punjab P.W.D. Contractor Labour Regulations referred to in clause of the Fair Wage Clause will also be binding on the contractor who is required to carry out this work. He will be required to strictly follow the terms and conditions laid down therein.
Clause 33 - The terms and conditions of the agreement have benn explained to me/use and I/we clearly understand them.
1. Work shall be executed strictly in accordance with the Punjab Public Work Department specifications volume One, one thousand nine hundred and sixty three edition and to the entire satisfaction of the Engineer-in-charge.
2. Should the tenderer withdraw or modify his tender within ninety days from the date of opening tenders he will be black listed.
3. Amount of the work may be increased or decrease and any item omitted, or substituted according to the requirement of the Department and no claim on this account will be entertained.
4. The security shall not be refunded till three months after the work hass been completed i.e, finally measured.
5. The Executive Engineer, incharge reserves the option to take away any item of work or any part thereof at any time during the currency of contract and reallot it to any other agency with due notice to the Contractor without liability of any kind or payment of any compensation.
6. Any material left at site one month after completion of work shall become the property of the Board and no payment shall be made to the contractor for the material.
7. The contractor has to make his own arrangement for water, bricks, wood work and every item required directly or indirectly for completion of work except those provided at page 12 of N.I.T.
8. No pits should be dug by the contractor neat the site of work for taking out earth for use on the work. In case of defaults the pits so dug will be filled in by the department at the cost of the contractor plus fifteen percent departmental charges.
9. No claim shall be entertained on account of increase in freight, price of labour and material due to any cause whatsoever.
10. Actual quantities of completed and accepted work will be paid for.
11. In case of emergency the contractor shall be required to pay his labour every day and if this is not done the Board will make requisite payment and recover the same from the Contractor.
12. The rates given in the attached schedule of rates are inclusive or octroi terminal tax, royalty and other local taxes and charges.
13. In case any quantity of cement, steel (or any other commodity) issued to the contractor by the Engineer-in-charge for use (directly on the aforesaid work) or manufacture of material required in connection therewith is disposed of by him or lost or allowed to get deteriorated the cost of such quantity of that material shall without prejudice to other rights and remedies available to the government be recovered from the Contractor at double the rate at which it is agreed to be supplied to the contractor.
14. The contractor will arrange his own tools and plants and make his own arrangement for water required for work.
15. Fair wage clause as per printed sheet attached.
16. The contractor will pay octroi and incidental charges himself and will make his own arrangements for water, bricks and every other item required directly or indirectly for completion of the work except the material which will be issued by the department as mentioned in the contract.
17. The contractor shall not be entitled to any payment on account of work done till he signs the agreement and the same is accepted by the competent authority.
18. All the concrete work shall have to be done with the use of concrete Mixer which shall be supplied by the department if available at Rs.5/- (Rupees five only) per hundred cubic feet of finished concrete which shall be recovered from the contractor on account of the hire charges of the concrete mixer. The cost of the carriage of mixer from the point of availability in this Division to the site of work for the first time only shall have to be borne by the contractor. The cost of oil, fuel, pay of driver and cleaner and other petty repairs to the mixer shall be borne by the department and is included in this rate.
19. No carriage or incidental charges will be borne by Board for moving the material beyond the place where the contractor has agreed to take delivery thereof.
20. The contractor shall be responsible for loss or damages to any material issued to him by the department for any cause whatsoever.
21. No claim whatsoever shall be entertained for any loss or damages caused by rains, flood or any other act of God.
22. All the charges of royalty, Municipal, Forest or Octroi charges shall be paid by the Contractor and are included in his rates.
23. The contractor shall provide at his own cost and expense all labour and check of any portion of work whenever required by the Engineer-in-charge or his staff and nothing extra shall be paid for that.
24. Over writings in tender is strictly forbidden and tender containing any doubtful figures will be rejected. Correction if any should properly be initialled by the tendering contractors.
25. 'D' form will be issued to the contractor against the purchase of bricks for Government works.
26. The issue rate of cement is exclusive of the cost of empty bag and the contractor is required to return to the department in good condition, all the empty cement bags issued to him from Board's Godown, free of cost. In case of failure recovery at the rate of rupee one and paise fifty per bag will be made.
27. Conditional tender will not be considered at all and contractors submitting the conditional tenders are liable to be black-listed.
28. The contractor shall be responsible for housing sanitations medical treatment of the labour employed on the work and shall carry out all the Rules framed on the subject.
29. In the event of his failure to provide any or all the above amenities the same shall be provided by the department and the cost thereof shall be recovered from the contractor. Any dispute regarding the above points shall be settled by the Engineer-in-charge whose decision shall be final.
30. The material will be issued if available in stock, otherwise assistance in terms of obtaining license/permit etc. shall be rendered by the Department. Any delay in supply of material would not justify and claim of the contractor on the Department.
31. For excessive consumption of material following action will be taken:-
(a) For excess consumption
|Particulars||Rates at which the material will be charged to the contractor||Place of delivery|
Notes:- The person or firm submitting the tender should see that the rates in the above schedule is filled up by the Engineer-in -charge on the basis of the form prior to the submission of the tender.
(a) The contractor shall pay not less than fair wage to labourers engaged by him on the work.
Explanation:- Fair wage whether for time or piece work notified at the time of inviting tenders for the work and where such wages have not been so notified, the wages prescribed by the P.W.D. B & R Branch, Punjab for the district in which the work is done.
(b) Contractor shall, not with standing the provisions of any agreement to the contrary cause to be paid fair wage to labourer indirectly engaged on the work, including any labour engaged by his sub contractors in connection with the said work, as if the labourers had been directly employed by him.
(c) In respect of all labour directly or indirectly employed on the work for performance of the contractor's part of this agreeemnt the contractor shall comply with or cause to be compiled with the Punjab (I) P.W.D. Contractor's Labour Regulation made by the Government from time to time in regard to payment of wages, wage period deductions from wages recovery of wages not paid and deduction unauthorisedly made, maintenance of wage register, wage cause publication of wages and other terms of employment inspection and submission of periodical returns all other matters of such like nature.
(d) The Executive Engineer or the S.D.E. concerned shall have the right to deduct from the money 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 fulfilment of the conditions of contract made from him or their wages which are not justified by the terms of the contract or for non-observance of regulation referred to in clause (c) above.
(e) Vis-à-vis the Punjab (I) Government the contractor shall be primarily liable for all payment to be made under and for observance of the regulations aforesaid without prejuidice to his rights to claim indenity from his Sub-Contractors.
(f) The regulations shall be deemed to be a part of this contract and any branch thereof shall be deemed to be a breach of their contractor.
1. Short Title
- These rules may be called Punjab Agricultural Marketing Board Contractor's Labour Regulations.
2. Definitions - In the Regulations, unless otherwise expressed or indicated, the following words and exp[ressions shall have the meaning hereby assigned to them respectively, that is to say:-
(1) 'Labour" means workers employed by Punjab State Agricultural Marketing Board Contractor directly or indirectly through a sub-contactor other person, or by an agent on his behalf.
(2) 'Fair wages' means wages whether for time or piece work notified at the time of inviting tenders for the work and where such wages have not been so notified, the wages prescribed by the Punjab (I) Public Wroks Department for the district in which the work is done.
(3) 'Contractor' shall include every person whether a sub-contractor or headman or agent, employing labour on the work taken on contract.
(4) 'Wages' shall have the same meaning as defined in the payment of wages Act, 1936 and include time and piece rate wages.
The contractor shall before the commence his work on contract, display and correctly maintain and continue to display and correctly maintain and continue to display and correctly maintain, in a clean and legible condition in conspicuous place on the work notices in English and in the Local Indian Language spoken by the majority of the workers giving the fair wages notified or prescribed by the Punjab (I) Public Works Department and the Hours of work for which such wages are earned.
4. Payment of wages -
 ANNEXURE - II
Name of Contractor
Name of work
Total estimated cost
 omitted vide notification no. G.S.R. 52/P.A./23/61/S.43/Amd (3)/98, dated 21/7/1998
CONDITIONS OF CONTRACT
TENDER FOR THE SUPPLY OF MATERIAL
1. The person/persons whose tender may be accepted (hereinafter called the contractor) shall permit Board at the time of making any payment to him for work done under the contract to deduct such sum (as will with the earnest-money deposited by him amount to ten percent of all money so payable, such deductions to be held by Government by way of security deposit.)
All compensation or other sums of money payable by the Contractor to Board under the terms of his contract may be deducted from, his security deposit or from any sums which may be due or may become due to the contractor by Board on any account whatsoever, and in the event of his security deposit being reduced by reason of any such deduction the contractor shall, within ten days thereafter, make good in cash any sum or sums which may have been deducted from his security deposit or any part thereof.
2. The contractor is to deliver the materials on or before the date mentioned in the Tender. The time allowed for the supply of materials as entered in the Tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence supply given to the contractor. The supply shall throughout supply given to the contractor. The supply shall throughout the stipulated period of the contract be proceeded with all due deligence (time being deemed to be of the essence of the contract on part of the contract) and the contract shall pay or allow as compensation an amount equal to one percent or such smaller amount which the Executive engineer may levy on the total amount of the contract as shown the Tender for every day that supply remains uncommenced or unfinished after the specified dates and such amount may be deducted from any sum due to the Contractor and further to ensure a regular supply of materials the contractor shall be bound, unless specifically decided to the contrary, in all cases in which the time allowed for any supply exceeds one month to complete one-fourth of the whole of the supply before one-fourth of the whole time allowed under the contract has elapsed. In the event of the contactors failing to comply with his condition he shall be liable to pay a compensation an amount equal to one percent or such smaller amount which the Executive engineer Incharge may levy on the said amount of the Contract for every day that the quantity of supply remains incomplete.
Provided always that the entire amount of compensation to be paid under the provision of this clause shall not exceed 10 percent of the total amount of the contract as shown in the tender.
The Chief Engineer of the Board may on representation from the contractor reduce the amount of compensation and his decision in writing shall be final.
3. In every case in which a breach to deliver the material on or before the date specified in the tender has occurred the Executive Engineer shall in addition to the payment of allowance or deduction referred to in clause 2 hereof have power either to annual the contract altogether, or to have the supply completed without further notice to at the contractor's risk and expenses, as may deem best suited to the interest of Board, and the contractors shall have no claim to compensation for any loss that he may incur in any way.
4. If the contractor shall be hindered in the supply if the materials as to necessitate an extension of the time allowed to this tender, he shall apply in writing to Executive Engineer within thirty days from the hinderance but before the expiry to time limit and the Chief engineer/Executive Engineer shall grant it in writing if Chief Engineer/Executive engineer the contractor shall not claim exemption from the fine lieviable under clause 2.
5. The contractor shall give notice to the Executive Engineer or his Assistant of his intention of making delivery of materials, and on the materials being approved, a receipt shall be granted to him by the Executive Engineer, of his Assistant, and no material will be considered as delivered until so approved.
6. On the completion of the delivery of materials, the contractor shall be furnished with a certificate to that effect, but the delivery will not be considered complete until the contractor shall have removed all rejected materials, and shll have the approved materials stacked or placed in such position as may be pointed out to him.
6A. If at any time after the commencement of the supplies the Board shall for any reasons whatsoever no require the whole thereof as specified in the tender to be supplied, the Divisional Officer shall, in addition to his power to annual the contract in case of default on the part of the contractor have to terminate all liability of the Government there under at any time after giving due notice an writing to the contractor of his desire to do so. In the event of such a notice being given :-
(a) The Divisional Officer shall be entitled to direct the Contractor to complete the supply of the materials which are already for delivery upto the date of the expiry of notice and thereafter to cease supply, all the articles or supplies received and accepted upto that date shall be paid for at the tendered rate, and
(b) The contractor shall have no claim to any payment or compensation whatsoever on account or any profit or advantage which he might have derived in consequence of the full execution of the contract but which he did not obtain owing to its premature termination or for any loss which he might have sustained on this account.
7. The material shall be of the best description and in strict accordance with the specifications, and the contractor shall receive payment for such materials only as are approved and passed by the Executive Engineer or his Assistant, on submission of bills each month on or before the date fixed by the Executive Engineer in this behalf Executive Engineer shall take or cause to be taken the requisite measurement for the purpose of having the same verified, and the claim as far as admissible, adjusted, if possible before the expiry fo 10 days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the Executive Engineer may depute a subordinate to measure up the said materials in the presence of the contractor whose counter signature to the measurement list will be sufficient warrant and the Executive Engineer may have a bill prepared from such a list which shall be binding on the contractor in all respects.
8. In the event of the material considered by the Executive Engineer to be inferior to that described in the specifications the contractor, shall on demand in writing forthwith remove the same at his own charge and cost, and in the event of his neglecting to do so within such period as may be named by the Executive Engineer or his Assistant that officer may have such rejected material removed at the contractor's risk, and expense, the expense incurred being liable to be deducted from any sum due, or which may become due, to the contractor. It is further agreed that in the event of material booked under the rules for the carriage of Government traffic at concession rates allowed by the Northern Railway Administration, having been rejected on arrival at destination for any reason whatever and the material thus becoming chargeable at public rates, the difference between the freight at public rates and concession rates shall be payable by the contractor, and will be recovered from any sum due, or which may become due to the contractor for being credited to the Northern Railway Administration. Further, the contractor shall within a period to be specified by the Executive Engineer, by notice in writing, replace such inferior material in conformity with the specifications and on his neglect or failure to do do within such time the Executive engineer shall be at liberty to purchase such material in the market at the risk and expense of the contractor without prejudice to any other legal remedies that may be available to Government by reason of the supply of defective material and the failure to replace to the same within the time specified as aforesaid.
No payment shall be made for supply of material estimated to cost less than rupees one thousand till after the whole of the supply shall have been completed and certificate of the completed supply given. But in the case of supply estimated to cost more than rupees one thousand, the contractor shall, on submitting the bill therefore be entitled to receive a monthly payment proportionate to the part thereof than approved and passed by the Executive Engineer, whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. But all such intermediate payments, shall be regarded as payments by way of advance against the final payments only and not as payments for the supply actually made, and shall not preclude the requiting of bad material to be removed and taken away and resupplied or be construed as an admission of the due performance of the contract or any part thereof in any respect, or the accuring of any claim, not it shall conclude, determine or effect in any way the power of the Executive Engineer under these terms and conditions or any of them as to the final settlement and adjustment of the accounts or otherwise or in any other way vary or affect the contract. The final bill shall be submitted by the contractor within one month of the date fixed for completion of the supply otherwise the Executive Engineer's certificate of the measurement and of the total amount payable for the supply of materials accordingly shall be final and binding of dates on which he should attend in person or by representative and witness and verify such measurements and in the vent of his failure from any cause whatsoever to attend the measurements shall be taken in his absence and such measurement so taken shall be final and binding on all parties.
8-A. The contractor shall deliver in the office of Executive Engineer, on or before the 10th day of every month during the continuance of the supply covered by this contract a return showing details of any supply claimed for a extra, and such return shall also contain the value of such supply as claimed by the contractor, which value shall be based upon the rate and prices mentioned in the contract or in the schedule of Rates in force in the district for the time being. The contractor shall include in such monthly return particulars of all claims of whatever kind, and however arising, which at the date thereof he has or may claim to have against the Executive Engineer under or in respect of, or in any manner arising out of the execution of this contract, and the contractor shall be deemed to have waived all claims not included in such return and will have no right to enforce any such claims not so included, whatsoever be the circumstances.
8-B. No alteration in contract rates shall be admissible in consequence of fluctuation in railway freight when such railway fare is on account of material which is required by a contractor in the manufacture of an article to be supplied under this contract, e.g., fluctuations of Railway freight on coal required for burning bricks will not be taken into consideration, or for an article which forms part of a finished work for purpose of this clause, Similarly no alteration in rates will be allowed when a manufactured article is transported by rail from place A to place B to form part of a finished work.
9. If the contractor or his work people break or deface any building road, fence enclosures or grass land or cultivated land, he shall make good the same at his own expense, and in the event of his refusing or failing to do so, the damage shall be repaired at his expense by the Executive engineer, who shall deduct the cost from any sum date, or which become due, to the contractor.
9-A. In every case in which by virtue of the provision of Section12, sub-section (1) of the Workmen's compensation Act, 1923. Board is obliged to pay compensation to a workman employed by the contractor in execution of the works. Board will recover from the contractor the amount of the compensation so paid and without prejudice to the right of Board under section12. Sub-section (2) of the said Act, Board shall be at liberty to recover such amount or any part thereof by deducting if from the security deposit of from any sum due by Board to the contractor whether under this contract or otherwise.
Board shall not be bound to contest any claim made against it under section 12, sub-section (1) of said Act except on the written request of the contractor and upon his giving to Board full security for all cost for which board might become liable in consequence of contesting such claim.
10. The Contractor shall supply, at his own expense, all tools, plant and implements required for the due fulfilment of his contract, and the material shall remain at his risk till the date for final delivery, unless it shall have been in the meantime removed for use by the Executive Engineer or his Assistant.
10-A. No labourer below the age of 12 years shall be employed in connection with this contract,
10-B. The contractor shall pay his labourers not less than the wages paid for similar work in the neighbourhood.
11. No materials shall be brought to site or delivered on Sundays without the written permission of Executive Engineer.
12. This contract shall not be sublet without the written permission of the Executive Engineer. In the event of the contractor subletting his contract without such permission, he shall be considered to have thereby without such permission, he shall be considered to have thereby committed a breach of contract, and shall forfeit his security deposit and shall have no claim for any compensation for any loss that may accrure from the materials he may have collected or engagements entered into.
13. No claims for payment of an extraordinary nature, such as claims for bonus for extra labour, employed in completing the work before the expiry of the contractual period at the request of the Engineer-in-charge or claims for compensation where work has been temporarily brought to a stand still though no fault of the contractor, shall be allowed unless and to the extent that the same shall have been expressly sanctioned by the board under the signature of the Chief Engineer.
13-A. If any question, difference or objection whatsoever shall arise in any way connected with or arising out of this instruments of the meaning or operation of any part thereof of the rights, duties or liabilities of either party, then save in so far as the decision, of any such matter is hereinbefore provided for and has been so decided, every such matter including whether its decision has been otherwise provided for and/or whether it has been finally decided accordingly or whether the contract should be terminated shall be referred for arbitration to the Chief Engineer Incharge of the Board, within 180 days from the payment of the final bill to the contractor or from the date of the registered notice is sent to the contractor to the effect that his final bill is ready for payment and his decision shall be final and binding and where the matter involves a claim for or the payment or recovery or deduction of money, only the amount, if any, awarded in such arbitration shall be recoverable in respect of the matter so referred.
If the matter is not referred to arbitrator within the specified period all the right and claims under the contract shall be deemed to have been forefeited and absolutely barred.
14. On the breach of any term or condition of his contract by the contractor, the said Board shall be entitled to forfeit the earnest money deposited with the tender, or security deposit or the balance thereof, that may at that time be remaining and to realize and retain the same as damages and compensation for the said breach, but without prejudice to the right of the said Government to recover any further sums as damages from any sum due or which may become due to the contractor by Government or otherwise howsoever.
14-A. Any excess payment made to the contractor inadvertently or otherwise under this contact or on any account whatever, and any other sum found to be due to Board by the Contractor in respect of this contract or any other contract or work order or on account whatever, may be deducted from any sum whatsoever payable by Board to the Contractor either in respect of this contract or any work under or contract or any other account by the Board
15. The contractor shall be responsible for housing, sanitation and medical treatment of the labour employed by him and shall carry out all rules framed in this respect.
16. The terms and conditions of the agreement have been explained to me/use and I/We clearly understand them.
|Description or specffication of materials to be supplied||Total quantities of each to be supplied||Places at which to be delivered||Quantities to be delivered at each place||Dates by which delivery at all places must be completed||Rates at which articles are to be supplied inclusive of every demand||Unit||Total cost of each article inclusive of every demand||Remarks|