BIL INFRATECH LTD

Annexure II

GENERAL CONDITIONS OF CONTRACT

1.0 DEFINITION:

1) Client/Owner/Customer - SPIU, NCRMP II, DISASTER MANAGEMENT

DEPARTMENT, GOVT. OF WEST BENGAL
2) Purchaser/Employer - BIL INFRATECH LTD
3) Contractor -
2.0 CONTRACTOR TO INFORM HIMSELF FULLY:
The contractor shall be deemed to have satisfied himself as to the site conditions, its
surroundings, the requirement of the purchaser/ owner, the conditions of the contract,
specifications, drawings & field quality plans, the circumstances at the site including, without
limitation, the ground and sub-soil, the form & nature of the site, the climate and hydrological
conditions of the site, etc. The Contractor shall also be deemed to have obtained on his own for
himself all necessary information as to the risks, contingencies, royalty/ cess on the materials
like stone chips, sand etc. and all other factors/circumstances which may influence or affect the
Contract Price / rates and his obligation under the Contract.
3.0 SCOPE OF WORK:
Piling Works for CONSTRUCTION OF MULTIPURPOSE CYCLONE SHELTERS UNDER
NATIONAL CYCLONE RISK MITIGATION PROJECT (NCRMP-11) as detailed in the
BOQ.
3.1 MANNER OF EXECUTION:
The work shall be carried out in the best and most substantial manner with materials of the best
approved quality for their respective use. The Contractor will supply the Construction materials
as required to execute the work at site subject to fulfillment of Technical Specifications annexed
herewith.
The contractor shall complete their entire scope of work on fast track basis on issuance of LOA/
Work order in a phased manner as per instruction of our site-in-charge.

3.2 ADHERENCE TO FIELD QUALITY PLAN (FQP):

The Contractor shall perform / execute the work strictly as per Field Quality Plan (FQP) duly
approved by BILIL / SPIU, NCRMP II, DISASTER MANAGEMENT DEPARTMENT,
GOVT. OF WEST BENGAL.

3.3 SUB-LETTING OF THE WORK:

The Contractor shall not assign or transfer without the prior written approval of the purchaser
the benefit and obligations of the contract or any part thereof or any benefit or interest therein.
In the event the Contractor contravening this condition, BILIL shall be entitled to place the
Contract else where on the contractors account and its risk and cost, then the contractor shall
be liable for any loss or damages which BILIL may sustain in consequence or arising out of
such replacing of contract. This shall not relieve the contractor of any responsibility under this
contract.

3.4 DRAWING, BILL OF MATERIAL ETC:

All Construction drawings and other required documents/ details as necessary for the execution
of the above job shall be provided by BILIL/ SPIU, NCRMP II, DISASTER MANAGEMENT
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DEPARTMENT, GOVT. OF WEST BENGAL to you free of charge progressively from BILILS
site office. The drawings and documents thus issued shall remain BILILS property and shall be
returned by you after the completion of work.
3.5 CODES STANDARDS & TECHNICAL SPECIFICATIONS:
I. The contractor shall comply with all technical specifications as given by BILIL/ SPIU,
NCRMP II, DISASTER MANAGEMENT DEPARTMENT, GOVT. OF WEST BENGAL in
the contract documents.
II. Relevant requirements as given by Bureau of Indian Standards (BIS), Quality Assurance
Plan and Specification of work issued by us (BILIL) shall be strictly adhered for works.
III. All electrical installations for Construction of Civil Works at site shall conform to Indian
Electricity Rules.

3.6 CHECKING OF DRAWINGS:

The Contractor shall study the drawings given to him before starting the construction work. Any
mistakes/ discrepancies in the drawing must be brought to the notice of BILIL before
commencement of work.
3.7 ALTERATION IN DRAWINGS & SPECIFICATION:
During the progress of work, BILIL shall have power to alter the original specification, drawing,
including additions, omissions and substitutions etc. The Contractor shall carry out such works
given to him by BILIL in writing.
4.0 RESPONSIBILITIES OF THE CONTRACTOR:

The Contractor shall be responsible interalia for the following: -

4.1 The Contractor is entirely responsible for satisfactory execution of the work under this contract.
Any approval which BILIL has given in respect of stores, materials drawings or other particulars
and the work or workmanship involved in the contract shall not bind BILIL and shall not be
considered relieving the contractor of his responsibilities for satisfactory execution of the work at
the desired rate of progress.
4.2 The Contractor shall employ labour in sufficient numbers and keep adequate materials in the
site store all the time necessary for maintaining the desired rate of progress. Further, he shall
step-up the strength of labour force and arrange for enough tools & tackles, materials as and
when desired by the purchaser for accelerating the progress of work.
4.3 The Contractor shall observe and comply with all statutory regulations of Central/State
Government or regulations of any other authorities applicable in the locality in respect of
labour/plant & machinery engaged by him for the purpose of execution of the contractual
obligation under this order.
The Contractor shall indemnify the purchaser against any payments to be made under and for
observance of the aforesaid regulations. The purchaser shall have the power to recover from
the contractor any sum required or estimated to be required for making good the loss suffered
by a worker or workers by reasons of non-fulfillment of the rules and regulations for the benefit
of workers or non-payment of wages or of deductions made from his or their wages which are
not justified.
4.4 The Contractor shall arrange all labour, plant & machinery as per SCC of this contract.

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4.5 The Contractor shall provide and maintain at his own cost all lights, guards, fencing and
watchmen when and where necessary and as directed by the Purchaser for protection of the
Works or for the safety and convenience of the personnel employed in the works.
4.6 The Contractor shall not, at any time, do any work at site which may cause inconvenience to the
Purchaser/ Client or hamper the activities of the Purchaser/ Client or work of the contractors
engaged by the purchaser / owner. He shall always take sufficient precautions to avoid any
damage to this existing installation/structures.

4.7 The Contractor shall employ skilled workmen, experienced supervisors and necessary tools &
tackles, in sufficient numbers to maintain the progress of the work as per schedule and to step
up any activity as and when required and directed by the Purchasers Engineer.
4.9 The Contractor shall at all times exercise reasonable precautions for the safety of his men and
public and comply with all applicable provisions of the safety laws drawn up by the client, state
or Central Government and other authorities of India. The Contractor shall at all times indemnify
the purchaser against any damage or accident occurred to his men or public or any employee
of plant.
4.10 Labour license, insurance, P.F. Registration & payment, ESI (if applicable) etc shall be the
responsibility of the Contractor till the entire work is completed and taken over by the purchaser.

4.11 The Contractor shall post a permanent technical representative at site who will be authorized to
take all instructions on the Contractors behalf. Immediately on receipt of the Work Order, the
contractor shall nominate his representative in writing for the purpose of executing the contract
along with appropriate power of attorney.
4.12 All the civil works shall be carried out in such a manner that proper sizes, levels and alignments
are maintained as per the approved drawings / instruction of the Purchasers Engineer/Field
Quality Plan (FQP).
4.13 The Contractor shall provide requisite security guards to avoid damage to or loss of any
materials at site. Any loss of material due to theft shall be contractors responsibility.
4.14 The Contractor shall keep the pit in workable condition at all times by pumping out
ingressed/rain water.

4.15 All consumables required for the purpose of satisfactory execution of the work are to be
supplied by the contractor, free of cost.

4.16 All relevant material, tools & tackles, adequate skilled, semi-skilled & unskilled manpower,
competent supervision, etc. are to be arranged and provided by the Contractor and the cost of
the same are included in the unit rates in the BOQ.
5.0 SUPPLY OF MATERIALS:
Reinforcement steel will be issued free of cost and Cement on chargeable basis @ Rs.360/- per
Bag from our yard at Hasnabad/Hingalgunj. Loading, unloading and shifting of materials
(Reinforcement steel & Cement) from yard to work sites are in the scope of the Contractor. All
other materials have to be arranged by the Contractor.
6.0 CONDITIONS OF ISSUE OF MATERIALS BY THE EMPLOYER:
Reconciliation statement of free issue materials (Reinforcement steel) have to be submitted
along with the RA Bills.

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7.0 CONSTRUCTION EQUIPMENT/MATERIALS:

All materials, construction plant and equipments, etc. once brought by the Contractor on the site
shall not be removed from there without the written permission from BILIL's Resident Manager.
In case the contractor fails to adhere to the work schedule, then the purchaser shall have the
liberty to use the contractors machineries to get the work done by other agencies without any
financial implication for the same. Similarly, all temporary works built by the Contractor for the
main construction undertaken by him are not to be dismantled and removed without the written
authority from the Purchasers Engineer.
8.0 TOOLS & TACKLES:
It is the responsibility of the contractor to arrange for necessary tools & tackles, machinery
required for satisfactory execution of the work at his cost. The tools & tackles, machinery and
materials brought to the site by the contractor, shall not be removed by the contractor without
written permission of the Purchaser. The purchaser, however, shall not be held responsible for
any damage to or loss of any equipment or machinery or materials brought to site by the
contractor.
9.0 DISCIPLINE OF WORKMEN:
In case, presence of any person or persons inducted by the contractor directly or indirectly in
the area of all the aforesaid land and/or the site is found prejudicial to the interest of the
Purchaser, the contractor shall be under obligation to remove or cause to be removed such
person or persons immediately from the whole of the aforesaid area and site. In this
circumstance the decision of the Purchaser would be final.

The Contractor shall take requisite precautions and use its best endeavor to prevent riotous or
unlawful behavior by, or amongst his workmen and /or others employed on works by the
Contractor or its Sub Contractors and for the preservation of peace and protection of the
inhabitants and security of the property in the neighborhood of the works / site. Failure to
comply with the above shall attract penalty as decided by the Owner.
10.0 MANPOWER REPORT:
The contractor shall submit on the first week of every month, a manpower schedule for the
month, skill-wise and area-wise and submit a daily report on actual manpower deployment.

The contractor shall also, if required by the employer / owner, submit periodical statements of
the labour employed by the contractor in proforma prescribed by the owner / employer from
time to time.

11.0 CO-OPERATION WITH OTHER CONTRACTORS:

The Contractor shall execute his work in a phased manner as directed by the Purchasers
Engineer from time to time so as not to obstruct or retard the work, being executed
simultaneously by other Contractors employed by Purchaser/ Owner or any other authority at
project site.
12.0 SETTING OUT:
The Contractor shall be responsible for the true and proper setting-out of the works and for the
correctness of the position, levels, dimensions and alignment of all parts of the works and
provision of all necessary instruments, appliances and labour in connection therewith. The
checking of any setting-out of any line of level by the Purchasers Engineer shall not in any way
relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall
carefully protect and preserve all bench-marks, site rails, pegs and other things, used in setting
out the works.

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13.0 INSPECTION:
The work under this contract shall be subject to inspection by the Purchaser and/or Owner/
Owners Representative. The contractor shall make good promptly deficiencies pointed out to
him. As regards acceptance/rejection of any work the decision of the Purchaser/Owners
Engineer shall be final and binding on the contractor. Necessary testing equipment shall be
arranged by the contractor.

14.0 BANK CHARGES:

All Bank charges are to the contractors account.
15.0 MODE OF PAYMENT:
All the items shall be paid on the basis of the Units mentioned in the Schedule of Rates/BOQ.
Quantities mentioned in the Schedule are approximate and may vary to any extent for which no
claim shall be entertained. Payment will be released to the contractor within 7 days of receipt of
the cheque / payment received by BILIL from SPIU, NCRMP II, DISASTER MANAGEMENT
DEPARTMENT, GOVT. OF WEST BENGAL against the work done after making necessary
deduction as specified in SCC

16.0 PROGRESS MONITORING/REPORTING:

Contractor shall attend weekly progress review meeting at site and shall abide by the decisions
taken during such meetings for maintaining the work progress.
17.0 EXTENSION OF TIME FOR COMPLETION:
If the contactor shall desire an extension of the time for completion of the work on the ground of
his having been unavoidably hindered in the work execution or on any other grounds, he shall
apply for time extension, in writing, to the Purchaser within 15-days of the date of the hindrance
on account of which he desires such extension, giving detail and full particulars supporting his
claim.
Extension of time may be granted in the event of:
a) The amount or nature of extra or additional work.
b) Any cause of delay referred to in these conditions.
c) Any delay, impediment or prevention by the Employer or
d) Other special circumstances which may occur, other than through a default of or breach of
contract by the contractor or for which he is responsible, being such as fairly to entitle the
contractor to an extension of the time for completion of the works, or any Section or part
thereof. The Engineer shall, after due consultation with the Employer and the contractor,
determine the amount of such extension without any price variation and shall notify the
contractor accordingly, with a copy to the Employer. For any extension of time granted for
delays due to Employer or due to contractor or any other reason, that will in no way affect
or vitiate the contract or alter the character thereof or entitle the contractor to any kind of
damages or compensation.
BILIL will forward the claim of the Contractor to Customer and EOT is applicable only if
Customer/Client, i.e. SPIU, NCRMP II grants the same to BILIL otherwise no such claim shall
be entertained.
The contractor shall have no other claim whatsoever against the purchaser such as revision
of rates, price escalation, cost overrun or idle labour charges for the extended period of
contract and because of delay/disruption of work in such cases and BILIL will not be liable
towards any taxes, duties, etc. whatsoever arising out of such time extension.
Such time extension shall be without prejudice to all the obligations of the Contractor under
the Contract and further shall be without prejudice to the purchaser/owner of his rights as per
the relevant provisions in the Contract.

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18.0 CANCELLATION OF THE ORDER:

The purchaser shall have at his option and be at liberty to cancel the order wholly or a part of
the order and proceed to carry out the work through some other agency at the risk and expense
of the contractor, if in the opinion of the purchaser (i) the work is not progressing satisfactorily or
is not likely to be completed within the stipulated time; (ii) or the contractor fails to comply with
the terms and conditions of the order or any statutory obligation; (iii) or, the contractor fails to
comply with the technical specifications; (iv) or, the contractor commits any irregularities. The
Contractor will have no claim for compensation for the loss suffered by him on account of
cancellation of the order.
19.0 MEASUREMENT OF WORK DONE:
All work shall be strictly done as per approved drawings issued to the Contractor. No variation in
dimensions, levels, etc. shall be made by the Contractor without written instructions of the
Purchaser. All measurements shall be on the basis of approved drawings quantity or actual
measured quantity whichever is less and all payments shall be made accordingly.
At the beginning of every month measurement will be taken jointly for the work done in the
previous month by the contractor. The contractor shall provide, without extra charges,
necessary assistance with every appliances and labour for taking out the measurement.
20.0 LABOUR AND SUPERVISORY STAFF:
The Contractor shall employ for the execution of the Works only such persons as are careful,
skilled and experienced in their respective trades and callings and the Purchaser shall be at
liberty to object and require the Contractor to remove from the works any person employed by
the Contractor in or about the execution of the works who in the opinion of the Purchaser
misconducts himself or is incompetent or negligent in the proper performance of his duties and
such persons shall not be again employed upon the works without the permission of the
Purchaser.
21.0 FORCE MAJEURE:

21.1 Force Majeure shall mean any event beyond the control of the Employer or of the
Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable
care of the party affected, and shall include, without limitation, the following :

a) War, hostilities or warlike operations (whether a state of war be declared or not), invasion,
act of foreign enemy and civil war.

b) Rebellion, revolution, insurrection, mutiny, usurpation of civil or military government,

conspiracy, riot, civil commotion and terrorist acts.

c) Strike, sabotage, unlawful lockout, epidemics, quarantine and plague.

21.2If either party is prevented, hindered or delayed from or in performing any of its obligations under
the Contract by an event of Force Majeure, then it shall notify the other in writing of the
occurrence of such event and the circumstances thereof within 14 days after the occurrence of
such event.
21.3The party who has given such notice shall be excused from the performance or punctual
performance of its obligations under the Contract for so long as the relevant event of Force
Majeure continues and to the extent that such partys performance is prevented, hindered or
delayed. The time for completion shall be extended in accordance with clause pertaining to
extension.

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21.4The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate
the effect thereof upon its or their performance of the contract and to fulfill its or their obligations
under the Contract, but without prejudice to either partys right to terminate the Contract.

21.5Any delay or non-performance by either party hereto caused by the occurrence of any event of
Force Majeure shall not
a) constitute a default or breach of the contract
b) give rise to any claim for damages or additional cost or expense occasioned thereby

if and to the extent that such delay or non-performance is caused by the occurrence of an
event of Force Majeure.

21.6 If the performance of the Contract is substantially prevented, hindered or delayed for a period of
more than ninety (90) days on account of Force Majeure during the currency of the Contract,
the parties will develop a mutually satisfactory solution.
22.0 UNFAVOURABLE WORKING CONDITIONS:
The contractor shall confine all his field operations to those works which can be performed
without subjecting the materials to adverse effects, during inclement weather conditions, like
monsoon, storms etc. and during other unfavorable construction conditions. No field activities
shall be performed by the contractor under condition, which might adversely affect the quality of
work, unless special precaution of measures are taken by him in a proper and satisfactory
manner in the performance of such works with the concurrence of the Purchaser. Such
unfavorable construction conditions will in no way relieve the contractor of his responsibility to
perform the works as per the schedule.
23.0 RIGHTS OF EMPLOYER TO ABANDON/VARY/ALTER THE SCOPE OF WORK:
If at any time the Purchaser decides to abandon or reduce the scope of work for any reason
whatsoever and hence not require the whole or any part of the work to be carried, the contractor
shall have no claim to any payment of compensation. The contractor shall, however, be paid at
contract rates for the work done by him.
24.0 SUSPENSION OF WORK:
The contractor shall on written order of the Purchaser delay the progress of the work or
suspend the work or any part thereof for such time or times and in such manner the Purchaser
may consider necessary and shall properly protect and secure the work as directed by the
Purchaser during the period of suspension. The contractor will have no claim for any extra cost
incurred by him in giving effect to the instruction of the Purchaser under this clause.

25.0 LIMITATION OF LIABILITY / INDIRECT CONSEQUENTIAL DAMAGES

Except in cases of criminal negligence or willful misconduct, neither party shall be responsible
and liable to other party for any indirect consequential loss or damage, loss of use, loss of
production or loss of profits or interest costs, and the aggregate liability of the Contractor to
BILIL, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price,
provided that this limitation shall not apply to the cost of repairing or to any obligation of the
Contractor to indemnify BILIL with respect to Patent Infringement and workman compensation
26.0 ARBITRATION:
26.1 All disputes and differences, whatsoever, arising between the parties out of or relating to the
construction, meaning, scope, operation or effect of this Contract or Brach thereof shall be
settled between BILIL and the Contractor amicably. If however, the Employer and the
Contractor are not able to resolve their disputes/differences amicably as aforesaid the said

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disputes/differences shall be settled through Arbitration in accordance with Rules of the

Conciliation and Arbitration Act 1996 and the statutory modification to the said Act.

The award of the arbitrator shall be final and binding on the parties to this contract. The further
progress of any work under the contract shall unless otherwise directed by BILILs Engineer
during arbitration proceedings and no payment due or payable by BILIL shall be withheld on
account of such proceedings. It shall not be open to Arbitrator to consider and decide whether
or not such work shall continue during the arbitration proceedings.

Provided further no reference to arbitration, whether the final bill for the work has been passed
or not shall be made later than six months from the date of satisfactory completion of work
under the contract. No interest shall be awarded by the Arbitrators in any arbitration
proceedings. The venue of arbitration shall be in Kolkata. Governing law shall be laws of India
and the language shall be in English.

26.2 JURISDICTION
This order has been executed at Kolkata and is subject to the Jurisdiction of the Court of Law at
Kolkata.
27.0 APPROPRIATION:
All costs, charges, damages or expenses which the purchaser may have incurred, for which
under the contract the contractor is liable, shall be deducted by the purchaser from any
payment due to the contractor under the contract. The contractor shall pay to the purchaser on
demand the remaining balance due.
28.0 RATE OF PROGRESS:
The time allowed for carrying out the work as indicated in the construction schedule shall be
strictly observed by the contractor and work shall be carried out in the manner as directed by
the Purchaser so that all subsequent activities viz. erection of structure and erection of
equipment etc. can be started and completed as per the construction schedule. The purchaser,
however, reserved the right to amend the schedule as and when necessary and contractor shall
then carry out the work as per revised schedule.

29.0 EXTRA ITEM/ WORK AND EMERGENCY WORK:

The contractor shall carry out any extra work or emergency work as directed by the
Customer/Purchaser. For the Items for which the Rates are available in the BOQ, the same
Rate will be applicable for the extra work or emergency work. If the rate of such work is not
available from the schedule of prices, the same shall be derived based on rate analysis with
supporting documents and forwarded to Customer for finalization. However the rate fixed by the
Customer and agreed by the Purchaser shall be binding on the contractor and the same is
payable after deduction of the necessary charges as per provision of the Contract.

30.0 AUTHORISED REPRESENTATIVE:

30.1 Contractor shall have a duly authorized representative at the site from the commencement of
work till completion of the work. Such representative with appropriate power of attorney shall
be authorized to act for and on behalf of the contractor, to accept services of notices under the
contract and to agree to extras, omissions and varied items of work and rates for the same. He
should have a work force of qualified engineers and such other personnel as may be required
for efficient execution of the work. Any notice under the contract shall be deemed to have been
served on the contractor if served upon such representative or sent by registered letter to his
address at project site. Such representative shall not be changed and shall not leave Project
Site during the duration of the contract without the consent of the Engineer. If the Engineer
shall require the contractor to carry out any rectification under the terms of contract after the

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work is completed the contractor shall have the same or another duly authorized representative
at plant site when such rectifications are being carried out.
30.2 The Contractor shall also send a duly authorized competent representative to meet the
Employer at his office in Kolkata, whenever called upon in writing to do so by the
Employer/Engineer and any instructions, directions or explanations given to such representative
shall be deemed to have been given to the contractor.

31.0 SAFETY:
31.1 Contractor shall provide all safety appliances and accessories like safety belts, safety helmets,
safety shoes, safety ropes, safety goggles, welding shields etc to workmen engaged at site.
This is to be ensured very strictly. In case the same are not being provided by you, then BILIL
shall provide the same to your workmen and debit the cost as determined by the purchaser
from your bills.
31.2 The Contractor shall be responsible for provision of safety arrangements and protective clothing
for all operatives on the site whether or not engaged in actual operation on supervisions. The
Contractor shall also be responsible for safety arrangement of all equipment used for
construction and shall employ trained workmen conversant with safety regulations. The
Contractor shall use only tested equipment and tools and shall periodically renew tests to the
satisfaction of the Purchasers Engineer. All Test Certificates shall be made available to the
Purchasers Engineer at the site of the work. If at any time in the opinion of the Purchasers
Engineer, this provision is not complied with, the Contractor shall forthwith replace such
equipment tools.
31.3 The Contractor shall display notices and arrange proper fencing/ barricading at such places
where hazardous work is being carried out. The Contractor shall provide at his own expenses
on the works to the satisfaction of the Purchasers Engineer at such places which shall at all
times be available for use.

31.4 Contractor shall make his own arrangement at his cost for providing first aid boxes in sufficient
numbers which shall be readily available in the work site. The Contractor shall employ such
persons as are found to be healthy and free from contagious diseases and shall produce, if
required by the Employer, certificate of fitness of all his employees working at site. Whenever in
the opinion of the Employer, it is necessary to do so, for the protection of other employees &
their families, the Contractor shall arrange to shift such employees suspected to be suffering
from contagious diseases to a hospital.

The Contractor shall, if required by the Employer, subject all his employees to regular medical
check ups and produce satisfactory evidence of their being free from any contagious disease.
The Contractor shall abide by all safety rules as prevailing in the project. Necessary penalty
clauses of SPIU, NCRMP II for non-compliance as applicable for employer shall be binding on
you.
31.5 The contractor shall follow the relevant SAFETY CODES as & comply with the same.

32.0 SECURITY REGULATION

The Contractor shall abide by all security regulations of the customer in force and promulgated
from time to time & other statutory requirements.

Final payment would be made to the contractor only after all the passes issued by the Security
Department of the customer are surrendered for cancellation. In case passes are lost/not
surrendered for any reason, penalties as imposed by the customer shall be applicable.

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Contractor shall register all equipment and all other materials, tools etc that may be taken
inside the plant area in order to facilitate the issue of exit gate permits for such items to be
taken out after completion of work.
33.0 CLEANING SITE:
The Contractor shall clean as required grass, trees, vegetation and debris at site prior to start of
work at no extra cost.

34.0 CLEANING SITE ON COMPLETION:

The Contractor shall clean the site each day after working and on completion of work the site
shall be cleaned of all, men, materials, plant & equipment belonging to the Contractor. The
contractor on advice from BILIL shall dismantle his Site Office and Stores and remove the
debris. The Site and surrounding shall be handed over in a clean and neat condition as
required for the Purchasers Engineer.
The contractor shall make his own arrangement at his cost for providing first aid boxes in
sufficient numbers which shall be readily available at job site.

35.0 The Contractor assumes responsibility for and shall indemnify and save harmless the
BILIL, from all liability, claims, actual and assessed costs, expenses, taxes and
assessments including penalties, damages, Attorneys fees and Court Cost which are, or may
be required with respect to any breach of the Contractors obligations under the Contract
or for which the Contractor has assumed responsibility under the Contract, including those
imposed under any contract, local or national law or laws, or in respect of all salaries, wages or
other compensation of all persons employed by the Contractor or his sub-Contractors or
suppliers in connection with performance of any work covered by the Contract.

Unless BILIL is causing an accident / damage, the BILIL shall not be in any way held
responsible for any accident or damages incurred or claims arising there from during the period
of execution of the job.

36.0 ENVIRONMENT
The contractor shall take all reasonable steps to protect the environment on and off the Site
and to avoid damage or nuisance to persons or to property of the public or others resulting
from pollution, noise or other causes arising as a consequence of his methods of operation.

During continuance of the contract, the contractor and his sub-contractors shall abide at all
times by all existing enactments on environmental protection and rules made thereunder,
regulations, notifications and bye-laws of the State or Central Government, or local authorities
and any other law, bye-law, regulations that may be passed or notification that may be issued
in this respect in future by the State or Central Government or the local authority.

Salient features of some of the major laws that are applicable are given below :

Water (Prevention and Control of Pollution) Act, 1974: This provides for the prevention
and control of water pollution and the maintaining and restoring of wholesomeness of water.
'Pollution' means such contamination of water or such alteration of the physical, chemical or
biological properties of water or such discharge of any sewage or trade effluent or of any other
liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely
to, create a nuisance or render such water harmful or injurious to public health or safety, or to

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domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health
of animals or plants or of aquatic organisms.

The Air (Prevention and Control of Pollution) Act, 1981: This provides for prevention, control
and abatement of air pollution. 'Air Pollution' means the presence in the atmosphere of any 'air
pollutant', which means any solid, liquid or gaseous substance (including noise) present in the
atmosphere in such concentration as may be or tend to be injurious to human beings or other
living creatures or plants or property or environment.

The Environment (Protection) Act, 1986: This provides for the protection and improvement of
environment and for matters connected therewith, and the prevention of hazards to human
beings, other living creatures, plants and property. 'Environment' includes water, air and land
and the inter-relationship which exists among and between water, air and land, and human
beings, other living creatures, plants, micro-organism and property.

The Public Liability Insurance Act, 1991: This provides for public liability insurance for the
purpose of providing immediate relief to the persons affected by accident occurring while
handling hazardous substances and for matters connected herewith or incidental thereto.
Hazardous substance means any substance or preparation which is defined as hazardous
substance under the Environment (Protection) Act 1986, and exceeding such quantity as may
be specified by notification by the Central Government.

[Employers should note that the Loan Agreement between IBRD and the borrowing country
may establish specific measures to be taken during construction of the Works for the protection
of the environment. Sub- clause 16.2 should be modified / expanded to take into account such
specific measures or other measures considered appropriate by the Employer]

5.2 Environment Management Plan

The Environment Management Plan (EMP) is a set of measures for avoidance, minimization and
mitigation of adverse environmental impacts. The Contractor will abide by the environmental,
occupational health and safety measures listed in the Environment Management Plan (EMP)
given in the table below during preparation and execution of Works. Adverse impact/s on the
environment caused due to non-adherence of legal and EMP requirements during preparation and
execution of civil works shall be made good at the Contractors own expenses. The Engineers
check and certification for payment, in accordance to requirements under Clause 42.2 of GCC,
shall also include the performance review of the Contractor with regard to EMP compliance.
The complete document on Environmental and Social Management Framework (ESMF) from
which these conditions have been derived / listed is available with the Engineer and State
Disaster Management Authority (SDMA) for the Contractors reference. It is also available on the
websites of National Disaster Management Authority (NDMA) and State Disaster Management
Authority (SDMA).

S. Activity Measures to be Implemented by the Contractor

No.
1. Work Plan The Contractors Project Manager shall be responsible for implementation of
for EMP EMP provisions and will coordinate the over-all implementation of the said
implementa plan. Along with the Work Programme, the Contractor shall submit a plan
tion including method statement and timeline about specific actions that will be
taken by him to implement the provisions laid out in the EMP.

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2. Regulatory The Contractor shall obtain all requisite statutory clearances prior to
Permission commencement of civil works, which includes obtaining permission/consent
s and for plants, water extraction and borrow areas operations. This includes:
Consents Consent for establishment and operation of plant (for concrete work) from
SPCB
PUC certification for all vehicles/equipment used for/during construction
Permission/consent of the District Administration/Mining
Department/other agencies for quarrying and/or borrowing operations for
materials like sand and earth
Permission for water extraction, if applicable in the local area context. The
Contractor shall abide by all conditions laid out in the said clearances.

Consultation The Contractor shall consult and obtain written consents of landowners
and (individual/panchayat/govt. agency) for temporary use of land for all
Community construction related activities including:
Consent (a) setting-up and operation of construction camp including labour camps,
stock yards etc.
(b) borrow areas and
(c) disposal of debris and other waste material.
4. Construction/ (a) Location: The camp and plant site/s location and establishment shall be
Labour done in a manner that does not interfere or disturb the activities of local
Camp inhabitants, particularly those of schools and health facilities. Written
permission (no objection certificate) shall be taken from the Gram Sabha
and the land owner prior to location selection and a copy shall be
submitted to the Engineer for approval.
(b) Camp site shall not be located within 250 mts. from a water body including
village ponds.
(c) A distance of at least 500 mts. shall be maintained from
designated/protected natural habitats (such as National Parks,
Sanctuaries, Biosphere Reserves, Reserve Forests and Ramsar Sites)
and Coastal Regulation Zone.
(b) Accommodation and Basic Amenities: All weather shelter with the
required tenement size and toilets shall be provided, as per provisions of
Labour Laws. Separate toilet facilities shall be provided for women
workers. If a common mess is not provided/operated, additional space for
cooking shall be provided. The contractor shall ensure that hygienic
conditions are maintained during the operation of such camps/facilities.
(c) Fuel for Cooking: The Contractor shall ensure that fuel wood is not used
as a cooking medium in the construction/labour camp.
(d) Potable water supply: Drinking water supply of at least 40 lpcd with the
required supply points shall be provided.
(e) Fire Safety: Adequate fire safety precautions shall be taken and required
fire safety equipment (such as fire extinguishers) shall be provided by the
Contractor.
5. Site (a). No tree cutting is to carried out without the written instruction from the
Clearance Employer, who in turn will ensure that relevant regulatory permission/s
(including those from Forest Dept., if required) are obtained prior to cutting
of such trees.

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(b) The non-timber grade trees are to be stacked and possession

is to be given to Employer/concerned Govt. Department.

(c) The Contractor shall strip, store and preserve top soil from the site of
construction work and in the stock yards prior to stacking of materials. The
top soil shall be reinstated in the cyclone shelter compound after the
construction is over.
6. Protection of The Contractor shall take due care to protect and prevent damages to the
Properties following resources during preparatory and construction work:
and a. Water supply lines
Resources
b. Irrigation canals
c. Cart, cattle and/or foot trail/tracks
d. Cultural properties and sites/structures of religious importance
e. Houses, Farmlands, Orchards and/or Trees
f. School and other existing buildings adjacent to the site of construction
In case of damage due to construction activity, the restoration/repairs shall be
carried out by the Contractor at his own cost.
7. Quarry The Contractor shall procure material from quarries that have been
Operations approved / licensed by the State Govt. A copy of such an approval shall be
submitted to the Engineer prior to procuring material.
8. Borrow (a) Borrow areas for the project will be selected by the Contractor following the
Areas stipulations given below. The finalization of all such locations shall be
dependent on the approval of the Engineer on technical and environmental
grounds. This includes on-site verification to cross-check the accuracy of
details provided by the Contractor. Only after receipt of the written approval
from the Engineer, the Contractor shall enter into a formal agreement with
landowner.

(b) The Contractor shall not procure any kind of construction material (such
as aggregates, sand and earth) from ecologically protected areas.

(c) Identification and Selection

1. The borrow area should not be located in agriculture field/s unless
unavoidable i.e. barren land is not available. In case borrowing needs to
be done on an agricultural land, top-soil stripping, stacking and
preservation is a must.
2. Borrow pits shall not be located within a distance of 100 mts. from any
NH, SH or other roads.
3. Borrow pits shall be preferably located 500 mts. away from settlements/
habitations.
4. No borrow pits shall be located within 500 mts. from schools,
colleges, playgrounds, religious structures and health centres.
5. No borrow area shall be opened within 500 mts. from a reserved or
protected forest area, protected sites, wildlife movement zone and
cultural heritage site.
6. No tree cutting shall be undertaken.
7. Borrow area near any surface water body will be at least 100 mts. away.

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(d) Operation
1. Area up to which material will be extracted shall be clearly demarcated
on ground.
2. A 15 cm topsoil layer will be stripped and preserved in stockpiles.
3. Borrowing of earth should be preferably limited to a depth of 1.5 mtr

(e)
from the existing
Rehabilitation ground
of Borrow level.
Areas
1. Rehabilitation shall be satisfactorily undertaken immediately after the
use has ceased and at least three weeks prior to monsoon.
2. Preserved top soil has be spread uniformly over land (except in cases
where borrow area is developed as a water body) used as a borrow
area.
9. Water Water for construction and for use at construction camps (including labour
Extraction/ camps) is to be extracted with prior written permission of (a) the individual
Use owner, in case the source is private well/tube well; (b) Gram Panchayat in
case the source belongs to community; and (c) Irrigation Department in case
the source is an irrigation canal or a river.

10. Safety of (a) Traffic safety arrangements (including provision of warning signage, speed
Road Users breakers etc.) shall be made by the Contractor to ensure safety of road
and Local users and local people, particularly in the internal village roads which will
Residents be used for transporting materials.

(b) Material shall be covered during transportation to prevent spillage,

accidents and pollution.

(c) All required measures to ensure safety of local residents including children
and other near-by residents shall be taken up by the Contractor. This shall
include provisions to prevent unauthorised entry into the construction site
and camp; fire and electrical safety measures; pre- cautions around
excavation such as barricading and warning signs and safe storage of
material.

11. Workers (a) All measures required for ensuring safety and health of the workers shall
Safety be taken up by the Contractor. This includes provision and enforcement of
appropriate personal protective equipment; first aid facility; emergency
response arrangement; proper storage of hazardous/ toxic and polluting
materials and; measures for ensuring fire, electrical and mechanical safety
arrangements in camp and in work site.

(b) All methods, steps and measures required for ensuring safety of workers,
particularly those needed while undertaking work in or around excavations;
working at height; and; while handling inflammable, toxic and/or hazardous
materials shall be ensured by the contractor.

(c) Material safety data sheet record of fuel and other inflammable chemicals
shall be maintained at the site.
12. Air Pollution (a) Wind barriers or screens shall be provided in the downwind direction at air
pollution causing sources like plant sites and fine material storage stock
yards.

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(b) Fugitive dust emissions have to be eliminated by providing dust

suppression/control measures, such as water sprinkling and cover on
materials, based on activity and site conditions.
(c) All plants and equipment shall comply with pollution control norms.
(d) Water shall be sprinkled at least twice during dry day on haulage roads
passing through or near settlements (including at least 100 m before the
settlement).
13. Water (a) All measures (including provision of temporary silt fencing to control
pollution sediment run-off) required for avoiding adverse impacts to water bodies
(such as ponds, streams, canals and rivers), water sources (such as hand
pumps and wells) and adjacent farmland shall be undertaken by the
Contractor.
(b) Storage of materials like fuel, chemicals and cement shall be done in a
manner (with impervious layer on bottom and a covered shed on top) that
does not contaminate land and ground/surface water.

14. Noise (a) All noise causing activities shall be stopped during night time (9:00 PM to
Pollution 6:00 AM). The Contractor shall schedule construction works in consultation
with local Panchayat Authority and School Principal to ensure least
disturbance to school children and other adjacent residents.

(b) Ear plugs shall be provided to the labour facing risk from high noise
pollution such as plant site and those working near generators, heavy
equipment/machinery.
(c) Appropriate noise controlling devices including acoustic generators shall
be used to minimise noise during construction work and operation of camp.

15. Disposal of (a) Debris and other construction waste, if any, shall be disposed in locations
Debris/Wast pre-approved by the Engineer in a manner that it does not contaminate the
es environment.

(b) Location of Debris Disposal Sites: Debris disposal sites shall be located
preferably away from farmlands, water sources and water bodies. In no
case, debris shall be disposed within 500 mts. of ecologically sensitive
areas, including forests, wetlands and protected natural habitats.

16. Restoration All work sites and areas under temporary use (including construction and
and labour camps, plant sites, haul roads and borrow areas) shall be restored/
Rehabilitatio rehabilitated to a better condition (if not at least to its original condition) and to
n of Sites the satisfaction of the Engineer and land owner upon completion of
construction work by the Contractor.
Completion of work (as covered under clause 55.1 of GCC) will also include
completion of rehabilitation and clean-up of the work sites including camps,
plants, in and around the construction site; disposal of debris/construction
wastes at pre-approved locations and; restoration of borrow areas and other
sites/locations used for material sourcing.

17. Liabilities Any liability arising out of Contractors agreement with landowners/ local
people/gram panchayat (including those related to temporary use of land,
water extraction and disposal of debris) shall be settled by the Contractor.

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37.0 SANITARY ARRANGEMENTS

The Contractor shall comply with all sanitary rules in force and carry out all sanitary measures
and permit inspection of all sanitary arrangements at all reasonable times by the Employer and
or Statutory Authorities.

The Contractor shall employ such persons as are found to be free of contagious diseases and
shall produce if required by the Employer, certificate of fitness of all his employees working at
site.The Contractor shall, if required by the Employer, subject all its employees to regular
medical check up and produce satisfactory evidence of their being free from any contagious
disease.

The Contractor shall remove from its labour camp such labour and their families who refuse
protective inoculations and vaccination when called upon to do so by any competent authority.

The use or sale of ardent spirits or other intoxicating beverages, upon the works or in any of
the building, boarding houses, encampments or other tenements owned, occupied by or within
the control of the Contractor or any of its employees or its sub-contractor is strictly forbidden
and the contractor shall secure strict compliance.
38.0 COVERAGE OF CONTRACT:
The Contract for the work is a complete one for labour, consumable, materials and
workmanship with Contractors overhead and profit including all temporary works and the
provision and use of all construction equipment, tools, tackles etc. The Contractor shall make
his own arrangements for all the equipment required for the due performance of the Contract.
Except where it is expressly provided that the cost will be borne by BILIL, the various
obligations of the Contractor under the contract shall be at the cost of the Contractor.
39.0 WORK AT SITE:
In the execution of the work, no person other than the Contractor or his duly appointed
representatives shall be allowed to do work at site. No female labour shall be allowed during
dark hours. The Contractor shall not employ for the purpose of executing the works any person
who is below the age as is statutorily forbidden. The Contractor shall pay to each labour for the
work done by such labour, wages not less than the minimum wages paid for similar work in the
district. The Employer shall have the right to refuse to allow any labour, whom the Employer
considers to be underaged to be employed by the Contractor.
40.0 RISK PURCHASE:
Time is the essence of this Order. In case the construction schedule is not adhered to by you,
we reserve the right to appoint another contractor to complete the balance work at your cost
and risk. Any extra cost, thus incurred by us, shall be recovered from you.

41.0 FAILURE & TERMINATION OF THE CONTRACT:

In the event the progress of work be considered very low or the contractors conduct be
considered grossly unsatisfactory, BILIL reserve the right to cancel the order and engage other
contractors for doing the remaining portion of the work at contractors risk and cost. In the
above circumstances BILIL also reserve the right to reduce the contractors scope of work and
engage other agency at their risk and cost. In such an event, the security deposit amount
retained from the bills will be forfeited. In case of termination of order, or reduction in their
scope of work neither any compensation will be paid to contractor nor any payment shall be due
to them for any construction materials/equipment, which may be lying at site.

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42.0 CONFIDENTIALITY & PATENT RIGHTS:

All information, data and drawings furnished/disclosed by the purchaser to the Contractor will be
treated by the Contractor, its agents/ servants/ representatives as confidential and shall not be
used by any of them or released to a third party without the prior written consent of the
Purchaser except in connection with the execution, operation & maintenance of the works. The
Contractor shall indemnify the purchaser in any damage or loss incurred or suffered by the
Purchaser as a result of non-compliance of the provision of this clause.

43.0 BANKRUPTCY, ETC:

If the Contractor commits any act of bankruptcy or goes into liquidation (except for
reconstruction purposes) or carries on its business under a receiver, the executors, successors,
or other representatives in law of the estate of the Contractor or any such receiver, liquidator, or
any person in whom the Contract may become vested, shall forthwith give notice thereof in
writing to the Purchaser and shall for one month, during which he shall take all reasonable
steps to prevent a stoppage of the work, have the option of carrying out the Contract subject to
his or their providing such guarantee as may be required by the Purchaser but not exceeding
the value of Works for the time being remaining unexecuted, provided however that nothing
above said shall be deemed to relieve the Contractor or its successor of its obligation under the
Contract under any circumstance. In the event of stoppage of the Works the period of the option
under this clause shall be fourteen (14) days only, provided that, should the above option be not
exercised, the Contract may be terminated by the Purchaser by notice in writing to the
Contractor, and the same power and provision reserved to the Purchaser by the item Default of
Contractor shall apply.

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