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Annexure-1

GENERAL TERMS AND CONDITIONS

1. SUBMISSION OF TENDERS
Sealed offers are to be submitted in the tender box marked as CONTRACT kept in the tender room at
Purchase Department i.e. at the 3
rd
floor of the administration building of KCC during office hours.

Offers in sealed envelope should be superscribed with Tender for Contracts, Enquiry No. & Due
Date of opening and it should reach in tender box on or before Due date & Time. ENVELOPE
WITHOUT SUPERSCRIBING ENQUIRY No., DUE DATE IS LIABLE TO BE REJECTED.

In case of two Part bid offers, bidders to submit their offer consisting of (a) Techno-Commercial Bid
(b) Price Bid. Each bid should be sealed in separate envelopes and shall be identified clearly by super
scribing on the top of the respective envelope as Techno-Commercial Bid or Price Bid. These two
envelopes shall be placed in another envelope super scribing Tender for Contracts, Enquiry No. &
Due Date of opening and it should reach us on or before Due Date & Time. ENVELOPE WITHOUT
SUPERSCRIBING ENQUIRY No., DUE DATE IS LIABLE TO BE REJECTED. Offer submitted in single bid is
also liable to be rejected.
2. PRICE BID
Tenderer should quote the rates in figures as well as in words. While quoting the price bid, the
tenderer must ensure that the quoted rate should be legible and free from any ambiguity and
overwriting. In case of any variation in the rates quoted for an item in figures and words, the rate
quoted in words shall be taken as the rates for that item.
3. TENDER VALIDITY
The tender should remain valid for a period of 90 days from the date of tender opening.
4. LATE OFFER
In no case late and delayed offers will be considered. HCL/KCC shall not be responsible for any postal
delays also.

5. EARNEST MONEY
Demand draft drawn in favour of Hindustan Copper Limited, Khetri Copper Complex, Payable at Khetri
Nagar, Drawn on SBBJ Khetri Nagar or Indian Overseas Bank, Kolihan Nagar as per tender should be
enclosed with the tender/Quotation, failing which tender/quotation will not be accepted. Earnest
money will not be adjusted from any other amount due from the company.

6. SECURITY DEPOSIT
Interest Free Security Deposit @5% of the contract value for civil contracts and @ 10% of the contract
value for others or as may be specified, from scheduled commercial bank in the form of DD/BC in case
of W.O. value is less than Rs 5 lacs (Excluding Service Tax), otherwise in the form of DD/BC/Bank
Guarantee shall be deposited by the contractor before the start of work. Security deposit shall be
released ---------months after completion of the contract and furnishing satisfactory performance
certificate from the Engineer-In-Charge. Full amount of Security is liable to be forfeited in case of
failure on the part of the contractor besides termination of the contract. In case the Security Deposit
is furnished by way of bank guarantee, it has to be kept valid till satisfactory completion of work order
plus defect liability period. In case of delay in deposit of SD, Interest @ 18% p.a. will be
charged/recovered from bills.

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7. SAFETY OF THE LABOURERS
The contractor shall be fully responsible for the safety of his employees in all phases of the work and
shall provide & enforce the safety side customary to the job as may be required under the applicable
regulations from time to time. All accidents shall be promptly reported to the authorities and the
contractor shall arrange to render all possible assistance to such employees.

8. PARALLEL CONTRACT and RISK & COST
a) The company reserves the right to award parallel contracts.
b) In case the contractor fails to execute the work as per the terms & conditions of the awarded
work order after start of work, The Company reserves the right to award the balance work at his
Risk & Cost.
c) In case the bidder backs out after the bid opening in single bid or after the opening of Techno-
Commercial bid/Price bid in two bid system, the EMD shall stand forfeited.
d) In case the contractor fails to start the work after award of work order within time frame
stipulated in the work order, his EMD shall be forfeited along with other administrative measures
as may be decided by the company including debarment etc.

9. SUB-CONTRACTS
No sub-contract is allowed either in part or in whole.

10. Quantity Variation
The quantity as mentioned under the scope of work can be increased or decreased (Maximum by
25%) at the discretion of the company HCL/KCC. No claim for less work will be entertained.

11. PRICE VARIATIONS
a) Rates given in the contract are firm & fixed. No price escalation will be allowed for any reasons
whatsoever during the execution of the work.
b) However, Refer special terms and conditions, in case of applicability of Price Variation Clause.

12. LOSSES & DAMAGES
Losses & damages caused to the companys assets & goods due to contractors negligence shall be
recoverable from the contractors accounts bills or any other amount lying with the company,
HCL/KCC.

13. IDLE LABOUR
No claim for idle labour under any circumstances shall be entertained by the company, HCL/KCC.

14. COMPLETION PERIOD
The work is to be completed in all respect as per specification to the entire satisfaction of the
Engineer-in charge, within 04 months only excluding maximum mobilization period of fifteen days.

15. DEFECTS LIABILITY PERIOD
12Months from the certified date of completion.

16. JURISDICTION
The jurisdiction shall be with the courts of Khetri (Raj.) only.

17. TERMINATION OF CONTRACT IN FULL OR PART
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If the contractor fails to complete the work or commits default in complying with any of the terms
& conditions of the contract, the company HCL/KCC may without prejudice to any other right or
remedy by written notice of 7(seven) days, cancel the contract as a whole or part of the contract.



18. ARBITRATION CLAUSE
All questions disputes or differences of any kind whatsoever arising out of or relating to the
contract shall be referred within two months by the parties to this contract for decision to a sole
arbitrator who shall be the Project Head/KCC or any officer of HCL nominated by the said Project
Head on his behalf. In the event of such an Arbitrator to whom the matter is originally referred,
is transferred or vacates his office by resignation or otherwise refuse to act or is incapable of acting
for any reasons whatsoever the Project Head shall appoint another person to act as Arbitrator in
his place in accordance with the terms of this contract. Such person shall be entitled to proceed
from the stage at which it was left by his predecessor.

There shall be no objection to any such appointment that the Arbitrator appointed is an officer of
the Company or that he had to deal with the matter to which this contract relates or that in the
course of his duty as such officer he has expressed views in all or any of the matters in dispute or
difference. No person other than the Project Head or his nominee can act as Arbitrator.

The venue of Arbitration shall be at KCC, Khetri Nagar (Rajasthan).
The award of the Arbitrator shall be final and binding on the parties of this Agreement.

Subject to the above, the provision of Arbitration Conciliation Act 1996 and of all the rules there
under and all statutory modifications thereof shall govern Arbitration Proceedings and shall be
deemed to apply to be incorporated in this contract.

19. COMPLIANCE OF CENTRAL & STATES ACTS
The Contractor shall abide by all the Acts and Regulations relevant to this work, of Central and State
Govt. and Rules framed there under from time to time and also be responsible for any compensation /
claim/ penalty payable as a consequence due to any accident / default or any other reasons
whatsoever.
20. CENTRAL & STATE GOVT. RULES & REGULATIONS
a) You shall have observed all the State & Central Govt. Rules, Regulations & Acts wherever
applicable.
b) The work during its progress can also be inspected by the Chief Technical examiner /
Technical Examiner of Central Vigilance Commission or by an officer of Vigilance Cell of HCL
independently ab initio / on behalf of the Engineer-in-charge
21. FORCE MAJEURES
If the work is delayed by any of the following events:
a) Abnormal bad weather, Act of God, Natural calamities, War.
b) Serious loss or damage by Fire, or Floods.
c) Civil commotion, local strike or lock-outs.
d) Any other cause which, in the absolute discretion of the Company is beyond the contractors
control.

Then upon the happening of any such event causing delay, the contractor shall immediately give
notice in writing to Engg.-In-charge or vice-versa, who shall instantly use his best endeavors to
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prevent or make good the delay and shall do all that may be required to the satisfaction of
authorities or vice-versa to proceed with the work. Contractor will apply for extension of time within
Seven days after occurring of the event or vice-versa.
22. PAYMENTS
Bill should be submitted by the contractor after completion of work on monthly basis. Payment shall
be made within 30 (Thirty) days after submission of the bill completed in all respects by the contractor
to the Engineer-in-Charge. However, no claim shall be admissible in case of delay in payment.

23. SECURITY REGULATIONS
Contractor and their representatives shall abide by all the rules and regulations of Security available at
KCC in all phases of the work emanating from this contract.
Contract Labour engaged on the job shall be entered in the company premises subject to security
check by Security officials on duty. The Contractor will arrange necessary Entry Passes from concerned
officials of Security Unit sufficiently in advance. HCL shall not be responsible for any delay caused in
issue of such passes.

24. SOCIAL SECURITY ACTS
i. DEDUCTION OF P.F., FAMILY PENSION & E.C. Act. Etc.
The contractor shall comply with the provision of Employee Provident Fund and Miscellaneous
Provision Act, 1952 and schemes and rules etc, framed there under and Employee Compensation
1923 Act, and the rules etc., framed there under and all other laws of the land application to the
employees of the Contractor (including sub-contractor, if terms & condition allow for sub
contract). Those contractor who has no own PF Establishment code shall deposit PF Contribution
in KCC PF Trust and Pension Fund etc. through HCL KCC through bank draft or Banker cheque
through HCL, KCC on or before 12
th
of the following months as per details given below:-

Demand Draft Pay On Account of
1 PF Trust, Khetri Copper Complex
15.67% on account of PF + 1.1% admin.
Charges
2
Hindustan Copper Limited, Khetri
Copper Complex
8.33% Pension Fund + 0.5% EDLI Charges +
0.005% EDLI Insp. Charges

Those who have failed to deposit the EPF with in stipulated period can be penalized under
provision of Employee Provident Fund Act, 1952. Contractors those who have their own PF
Establishment Code shall submit the Copy of bank challan as a proof of Depositing PF & Pension
fund etc. in the respective RPFC along with Form 6A & 3A for the last Financial Year. The
contractor must submit Form 6A & 3A for the current financial year with in the stipulated period
and SD will be released only after receipt of copy of Form 6A & 3A. In the event of failure on the
part of the Contractor to deposit provident fund and pension fund, the company shall recover the
same from the bills of the contractor together with any other charges/penalty leviable for the said
default of the contractor and directly deposit the provident fund with HCL, KCC employees
provident fund and family pension with the appropriate authority.

The Contractor shall at all times indemnify the company against all claims, damages,
compensation etc. that might be said or become payable by the company under the said
Employees Provident Fund and Miscellaneous Provision Act 1952 and Employees compensation
act 1923 and all other labour, industrial and other laws of the land applicable to the employees
engaged by the contractor (Including sub-contractor, if the terms & conditions allow). Before
commencement of the work, the Contractor must submit the copy of insurance covered under
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Employees Compensation Act 1923 of his labours going to depute under this Work Order in
Central Human Resource Deptt., and then only they will be allowed to start the work.

ii. Wages to the Labourer
Party will abide by laws with the provisions of the Minimum Wages Act, 1948, Payment of Wages
Act, 1936 and Contract Labour (Regulation & Abolition) Act, 1970 etc. and also provisions of any
other law as may be applicable from time to time. Wages of any kind i.e. Salary, Over Time,
Bonus, and Advance or on any other account whatever may be paid, through bank account only.
Cash payment will not be allowed in any circumstance whatever the reason there may be.
25. A.) Provisions of Social Security Acts in the Labour Supply contract and Job contract (Work
carried out within the premises of principle employer): -
In Labour Supply Contract suitable number manpower are being provided by contractor to
principal employer at a given real wage rate to undertake any kind of jobs at various
location/section of company as and when required by the management.
In Job Contract (work carried out within the premises of principle employer) all jobs and services
are outsourced by the principal employer to the contractor and are being carried out in the
premises of the principle employer, by employing the sufficient number of manpower to work
inside the premises of the principal employer to complete the work in the stipulated time period.
Therefore, All the labour that are being provided by the contactor will be covered under the
provisions of Contract Labour (Regulation and Abolition) Act, 1970 and all social security acts will
also be applicable on the said contract labour. It is the principal employer liability to keep a check
on the contractor that whether all the facilities/benefits which are applicable to the contract
labour employed in the establishment are provided or not.
B.) Provisions of Social Security Acts in the Job contract (Work carried out outside the premises of
principle employer): -
In Job contract (Work carried out outside the premises of principle employer) all the
job and services outsourced by the principal employer are being carried out in some
other premises not being premises under control and management of the principal
employer. This type of contract doesnt comes under the purview of Contract labour
(Regulation and Abolition) Act, 1970.
Following provisions (No. I & II) will be applicable to contract labour in the above said
type of contract:-
(I) The persons who will be engaged by the contractor for transportation of
equipment/material to & from the company to the contractors premises the said persons
will be insured under the provision of the Employees Compensation Act, 1923 (Including
Contractor also if he is coming inside the premises of principal employer). The cost of
insurance premium will be borne by contractor only.
(II) Also, if in any case the work has to be carried out inside the premises of the company
than the said persons will be covered under the provisions of Contract Labour (Regulation
and Abolition) Act, 1970 and all social security acts will also be applicable on the said
contract labour (refer Sec (a) Clause no. 1 to 14)
26. IR-CLEARANCE
The contractor is required to contact concerned officer of HR department for obtaining the
clearance for starting the work and knowing the modality of payment of Provident Fund and Family
Pension under the Employees Provident Fund and Miscellaneous Provisions Act and getting
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the introductions of any other laws of the land and also for completing the formalities regarding
contractors labourers.

27. CLEANING OF AREAS
The contractor shall be responsible for proper cleaning of the areas mentioned in the scope of work
under the direction of Engineer-In-charge and shall be responsible for damage of equipment, etc.
which will be recovered from Contractors Bills/Pending amounts.

28. INCOME TAX, Works Contract Tax/Turnover Tax, Royalty etc.
The taxes at source shall be deducted from the payment made to the contractor as required under
relevant statutes.

29. The contractor shall get themselves registered with the State tax authority (Commercial tax Deptt.
Jhunjhunu) and submit a proof for the same.

30. ABSOLUTE INTEGRITY OF THE CONTRACTOR
The Contractor and his persons shall maintain absolute integrity in carrying out the work, and in
case of any act detrimental to the interest of Company(HCL/KCC) including theft of Companys
property by the contractor or any of his persons, the contract shall be suspended/terminated
without any notice and the balance work shall be executed through alternate sources at the risk &
cost of the contractor. In the event of suspension/termination of the work, the contractor shall not
raise any claim for the period of suspension/termination nor shall the company be liable to pay for it.

31. The contractor is required to submit copy of the PAN & Service Tax Registration number along with
the offer.

32. Service tax will be paid extra by HCL if claimed in the bills so that HCL can avail Cenvat for the same.
No subsequent claim on this account will be entertained by HCL.

All other applicable taxes & levies are to be mentioned separately with the rate, otherwise will be
treated as inclusive.

33. INSPECTION
Inspection will be carried out by Engineer-in-Charge or his authorized representative who shall act as
Engineer-in-Charge who shall reserve the right to inspect the work of the contractor and check the
quality & workmanship during the execution of the work and shall have the right to stop the work, in
case of defective process or poor workmanship is noticed & his decision will be final and binding on
the contractor.

34. WELFARE
The contractor shall be fully responsible for the welfare and regular payment of his manpower/
employees for this work. The contractor will apprise and show the relevant records maintained by
him to Engineer-in-Charge regularly and also to HCL/KCC Industrial Relations department to get IR
clearance certificate.

35. SALARY & WAGES OF CONTRACTOR LABOUR
Contractor shall regularly pay the wages of his labourers. If he fails to clear the dues (wages of his
labourers), and the Company, HCL/KCC is forced by statute to pay them, a penalty of 24 % of dues
paid to his labourers will be charged from the contractors pending amount with HCL/KCC. If the
default continues for 3 months, the Contract will be terminated and Wages & Statutory Payments to
the labourer of the contractor will be paid by Principal Employer i.e. HCL/KCC, forfeiting contractors
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any pending amount with HCL/KCC including Security Deposit. Report of the same will be sent to IR
department on monthly basis.
36. SUPERVISION
The contractor shall himself supervise the execution of the work or shall appoint a competent
authorized representative with the approval of the Engineer-in-Charge to act in his place. The whole
responsibility for supervision of the works and the workers employed on the works by the contractor
shall rest with the contractor only.

37. PAYMENT OF BONUS
The provision for payment of bonus to workmen engaged by the contractor/agency will be the
contractors liability & shall be included in the rates. This will be as per Bonus Act, 1965 & Rules there
under.
38. SPECIAL WAGES
The provision for payment of Canteen Allowance to each workman @ Rs. 10.00 per day of his
attendance, engaged by contractor / agency will be the contractors liability & shall be included in the
rates.

39. LIQUIDATED DAMAGES
Time is the essence of the contract. In case the contractor fails to complete the work within the
stipulated period, he shall be liable to pay liquidated damage @1% per week of the delay subject to a
maximum of 10% of the awarded value of the contract (Excluding Service Tax). L.D. will be recovered
from the contractors bills or any other dues of contractor with the company.

40. RECOVERY OF SUM DUE
Whenever any claim arises against the contractor for payment of any sum of money out of or under
the order, HCL/KCC Khetri Nagar shall be entitled to recover such sums any time from the
contractor under this or any other order of the contractor with HCL.
In case the amount of existing bill is not sufficient for recovery of pending dues, the contractor shall
pay to HCL/KCC Khetri Nagar the balance remaining dues immediately.

41. DEMURRAGE/DETENTION CHARGE
Demurrage / detention charges or any other claims paid by the company for reasons attributed to the
contractor shall be recoverable from the contractors account. The decision of the Engineer-in-Charge
in this regards shall be final and legally binding on the contractor.

42. The company does not accept any responsibility for delay in work, for any loss to the contractor due
to non supply of cement, water, electricity or any other material/service provided by the HCL/KCC.

43. HCL reserves the right to reject any or all the offers and award in part or in whole, the contract, at its
sole discretion without assigning any reasons thereof.

44. MATERIAL RE-CONCILIATION
Contractor has to give a complete statement for material re-conciliation against each item issued
once in every quarter and on completion of the work. For any shortfall in quantity of material,
corresponding amount will be recovered from contractors bills whatever may be the reason.
(Permissible losses are exceptions).

45. INSURANCE
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The Workmen Compensation General Policy as per Employees Compensation Act, 1923 shall be
accepted as a valid insurance policy and HCLs contribution as a premium to the policy as per
Minimum Wages Act, 1948 @per man per day has been included in the rate. However, in case of any
claim(s) due to any untoward incidence which does not come under EC Act. 1923, the expenses will
be borne by the contractor.
VALID GROUP INSURANCE of requisite Nos. of workmen (Gate pass will be issued to that number of
persons only) of Contractor is required to be submitted by the Contractor to the Nodal Officer and a
copy to Engineer- in charge before starting the Job. Engineer-in-Charge must ensure the same. Gate
Pass will be issued to that number of workmen only for which insurance has been made by the
contractor.
Without Valid Insurance no Gate Pass will be issued by IR Deptt. in the name of any workman of the
Contractor. Once the gate pass is signed by IR Deptt, and then only it will be signed by security
department for allowing entry into the establishment.
Note: - Insurance of Contractor is also necessary, for the purpose of issuing him Gate Pass and the
cost of his insurance premium will be borne by the contractor himself.
46. NIL CONSIDERATION:
NIL charges / consideration in price bid shall be treated as unresponsive and will not be
considered.

47. CONTRACT VALIDITY: Initially the contract shall be valid for a period of 04 months from the date of
work order/LOI whichever is earlier. However it can be extended, if required on the same rates, terms
and conditions at the mutual agreement between the Engineer-In-Charge and the Contractor for the
Time Extension Period.

48. DRAWINGS
Drawings if any supplied to the contractor, are the property of HCL/KCC and shall be returned to the
company after completion of the contract.

49. ATTENDANCE RECONCILIATION
Reconciliation of attendance of the contractors persons shall be jointly conducted and signed by the
Contractor and Engineer-in Charge. Engineer-in-Charge must ensure the same. Report of the same
will be sent to IR department on monthly basis.
50. ACCOMODATION FACILITY
The contractor may be provided Companys (HCL/KCC) quarter on chargeable basis (Rent, Electricity &
Water etc.) as per availability and policy of the Company as in force during the tenure of the contract,
if no any other accommodation has been provided to the contractor under any other contract by the
Company.
51. MEDICAL TREATMENT:
i. Outdoor treatment and medicine (available at KCC hospital), in case of injury at work site will be
provided free of cost at KCC Hospital.
ii. For all other treatment / medical expenditure, it will be the responsibility of the contractor. The
charges of such medical treatment will be borne by the contractor in addition to the various
provisions under the Employees Compensation Act, 1923 (as amended up to date).
52. HCL management shall immediately be informed in case of any change in the members of the
firm/company or its address or in case of any merger.
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53. No persons below 18 years of age shall be allowed to work.
54. The Special Terms & Conditions mentioned shall supercede the General Terms & Conditions of the
NIT. All changes in the NIT including the extension of the date of opening etc. if any, would be posted
only on the website of the company www.hindustancopper.com and the prospective bidders should
keep in touch with the companys website for updates before submitting their bids. The
Corrigendum, if any shall be given only at our website www.hindustancopper.com"


FOR WORKS PERTAINING TO UNDER GROUND MINES ONLY

55. TRAINING CLAUSE
A) NUMBER OF PERSONS
The contractor has to clearly mention the number of persons for whom training (Basic/Refresher)
is required separately in technical bid.
B) TRAINING
Training to the contractors employee will be conducted on chargeable basis @ Rs 100/ (Rs one
hundred) per employee per day for both Basic & Refresher.
C) MEDICAL CHECKUP
The contractor has to provide the medical examination certificate either from KCC hospital or any
Govt. hospital before commencement of training. The medical examination of the contractors
employee can be carried out at KCC hospital on chargeable basis as per the rule of KCC hospital.