General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

TABLE OF CONTENTS
1. DEFINITIONS, ETC. ..........................................................................................................................................3

2. PREPARATION OF TENDER................................................................................................................................3

3. SCHEDULE OF RATES.......................................................................................................................................3

4. SURETY .........................................................................................................................................................3

5. DISCREPANCY BETWEEN DOCUMENTS................................................................................................................3

6. SITE CONDITIONS ............................................................................................................................................4

7. EXPEDITION OF THE WORKS .............................................................................................................................4

8. SCAFFOLDING AND PLANT................................................................................................................................4

9. RE-EXECUTION OF CONDEMNED WORK...............................................................................................................4

10. TIME AND PROGRESS CHART ............................................................................................................................4

11. 0WNERSHIP OF CONTRACT .............................................................................................................................4

12. WORK TO BE CARRIED OUT TO REQUIREMENTS .................................................................................................4

13. ORDERING MATERIALS, FITTINGS AND EQUIPMENT’............................................................................................5

14. WORKMANSHIP AND MATERIALS......................................................................................................................5

15. NOTICES AND PERMITS...................................................................................................................................5

16. WORK TO BE OPENED UP AT EMPLOYER’S REQUEST...........................................................................................5

17. SETTING OUT OF WORKS................................................................................................................................5

18. FOREMEN.....................................................................................................................................................5

19. CLERK OF WORKS .........................................................................................................................................5

20. OFFICE FOR CLERK OF WORKS........................................................................................................................5

21. MISCONDUCT OF WORKMAN ...........................................................................................................................5

22. TRANSFER OR SUB-LETTING OF CONTRACT .......................................................................................................5

23. STORAGE OF MATERIALS................................................................................................................................5

24. EXISTING BUILDINGS ......................................................................................................................................6

25. LATRINES FOR WORKMEN...............................................................................................................................6

26. COVERING UP OF WORKS ...............................................................................................................................6

27. WATCHING, LIGHTING AND HOARDING .............................................................................................................6

28. TREES, HEDGES, ETC. ....................................................................................................................................6

29. TEMPORARY ROADS.......................................................................................................................................6

30. REMOVAL OF WATER .....................................................................................................................................6

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping
31. CLEAR AWAY RUBBISH ...................................................................................................................................6

32. PROVISION OF WATER ...................................................................................................................................6

33. ACCESS FOR EMPLOYER .................................................................................................................................6

34. TRESPASS ....................................................................................................................................................6

35. ARTICLES OF VALUE......................................................................................................................................6

36. RESPONSIBILITY FOR SAFETY OF BUILDING.......................................................................................................7

37. INSURANCES.................................................................................................................................................7

38. RESPONSIBILITY FOR INJURY ..........................................................................................................................7

39. DEFECTS AFTER............................................................................................................................................7

40. TIME OF COMPLETION....................................................................................................................................7

41. WORKS DELAYED ..........................................................................................................................................8

42. SUSPENSION OF WORKS .................................................................................................................................8

43. BANKRUPTCY ...............................................................................................................................................8

44. DECEASE OF THE CONTRACTOR ......................................................................................................................8

45. PAYMENT.....................................................................................................................................................8

45 (A) RETENTION MONEY ...................................................................................................................................8

46. PAYMENT TO CONTRACTOR ............................................................................................................................8

47. RISE AND FALL ..............................................................................................................................................8

48. PRIME COST .................................................................................................................................................8

49. PROVISIONAL AND PRIM E COST SUMS...............................................................................................................9

50. SPECIALIST REQUIREMENT..............................................................................................................................9

51. FACILITIES TO SPECIALISTS ............................................................................................................................9

52. VARIATIONS, EXTRAS AND OMISSIONS ..............................................................................................................9

53. DAYWORK....................................................................................................................................................9

54. CONTINGENCIES............................................................................................................................................9

55. DETERMINATION OF CONTRACT BY EMPLOYER................................................................................................ 10

56(A) FAIR WAGES CLAUSE ................................................................................................................................ 10

56(B) WAGES TO BE PAID ON SATURDAYS ............................................................................................................ 10

57 TRADE UNION MEMBERSHIP ........................................................................................................................... 10

58 INSPECTION BY LABOUR DEPT........................................................................................................................ 10

59 MARGINAL NOTES......................................................................................................................................... 10

EXTRACT FROM GOVERNMENT GAZETTE NO. 67 OF 31.10364..........................................................................................11

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

(1) In the Contract the following expressions shall have the meaning hereby
1. Definitions, etc. respectively assigned to them, unless the context otherwise required,
(a) “Contract” means the documents forming the Tender and acceptance
thereof, together with the documents referred to in the Tender and Form of
Agreement, including the General Conditions of Contract, the Specifications,
the Bill of Quantities and the Drawings etc., and all these documents taken
together shall be deemed to form one contract and shall be complementary
to one another. Where there arc no Bills of Quantities all references to Bills of
Quantities in the Contract shall be deemed as cancelled, except that where
the contract so admits any schedule of Basic Rates under Condition 2 thereof
shall be substituted therefor.
(b) ‘Works” shall mean the works described in the Specifications and/or Bills of
Quantities and/or shown on the Drawings and shall include all extra and
modified works and obligations to be performed under the Contract, whether
the same be on site or not.
( c) “Site” shall mean the lands and/or other places on, into or through which
work is to be executed under the Contract.
(d) “Contractor” wherever used hereinafter and in all Contract documents shall
mean the Person or persons, partnership, firm or company, whose tender for
this work has been accepted and who has or have signed the Contract and
shall include his or their heirs, executors, administrators, assigns, successors and
duly appointed representative.
(e) “Employer” shall mean the Government of Mauritius and shall refer
specifically to the Permanent Secretary, Ministry of Works and shall include
any person authorized by him for the supervision of the W orks.
(f) “Contract Sum” shall mean the sum named in the Tender subject to such
additions thereto, or deductions therefrom as may be made under the
provisions hereinafter contained.
(g) The terms “Approved”, “Directed” or “Selected”’ whenever used he reinafter
shall mean the approval, direction or selection of, or by, the Employer or any
person authorized by him.
(h) “Singular and Plural” words, importing the singular only also includes the plural
and vice versa, where the contract requires.

The Government does not bind itself to accept the lowest or any tender nor
2. Preparation of will it assign any reason for the rejection of a tender. The Contractor must
Tender bear all expenses incurred in connexion with the preparation of his tender
including fees for stamping and registration of documents as required.
Where no Bills of Quantities are provided the Contractor shall, before the
3. Schedule of Rates signature of the contract, supply a properly detailed Schedule of Rates
properly and reasonably used by the Contractor for calculating the Contract
Sum. Such rates will only be used for adjusting additions or omissions
The Contractor shall, prior to the signing of the Contract provide at his own
4. Surety expense in all respects a surety or obtain the guarantee of a Local Bank to be
bound to the Employer in a sum not exceeding ten par cent of the Contract
Sum for the due performance of the Contract until the expiry of the
Maintenance Period as stated in Clause 39 and completion of making good
of all such defects.
In case of discrepancy between those conditions and the drawings and/or
5. Discrepancy specification and/or other contract documents the Contractor shall
between immediately refer in writing to the Employer who shall decide which shall be
documents followed. The Employer’s decision shall be final and conclusive and the
Contractor shall’ carry out the works accordingly. Figured dimensions shall be
taken in preference to scaled dimensions.

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

The Contractor shall be deemed to have satisfied himself as regards existing

6. Site Conditions roads, railways or other means of communications with and access to the
site, the contours thereof, the risk of injury or damage to existing services and
to property on or adjacent to the site above or below ground level or to the
owners and/or occupiers of such property, the nature of the materials
whether natural or otherwise to be excavated, the conditions under which
the works will have to be carried out, the supply of and conditions affecting
labour, the facilities for obtaining materials or articles referred to in the
Specifications and Contract documents and generally to have obtained his
own information on all matters affecting the execution of the works and the
prices tendered therefore.

No claim by the Contractor for additional payment will be allowed on the

ground of any misunderstanding or misapprehension in respect of such
matter or otherwise on the ground of any allegation of fact that incorrect
information was given to him by any person whether in the employ of the
Employer or if the failure on his part to obtain correct information nor shall the
Contractor be relieved from any risks or obligations imposed on or undertaken
by him under this Contract on any such ground or on the ground that he did
not or could not foresee any matter which may in fact affect or have
effected the execution of the works.

Possession of the site or the order to start building operations shall be given to
7. Expedition of the the Contractor by notice in writing. The Contractor shall thereupon proceed
Works with any carry out the works, including any authorized additional work, with
diligence and regular progression so that the whole of the works shall be
completed by the date for completion, subject to any extension of time that
may have been granted.
The Contractor shall provide the whole of the necessary plant, tools,
8. Scaffolding and scaffolding, tackle, carriage or labour necessary for the prompt and efficient
Plant execution of the works, and remove same at the completion of the works.
Any work which is not in accordance with the intent of the drawings,
9. Re-execution of documents and. Employer’s instructions may be ordered to be removed by
condemned work the Employer, and the Contractor shall be liable for any cost incurred in same
and in re-execution of the condemned work.
The Contractor shall immediately after the notice of acceptance of tender is
10. Time and Progress received draw up a Time and Progress Chart for the works in agreement with
Chart the Employer or his repres entative. The work of construction shall be regulated
in accordance with the said chart.
All drawings, tracings and other documents issued the Contractor for carrying
11. 0wnership of out the Works shall remain the property of the Employer and shall, if required,
Contract be returned to the Employer on completion of the works. The Contractor shall
keep one copy of all drawings and of the Specifications on the site and the
Employer shall at all times have access to them.
The works shall in every respect be carried out in accordance with the
12. Work to be carried directions and to the reasonable satisfaction of the Employer in accordance
out to with the signed drawings and other contract documents and such further
requirements drawings, details, instructions and explanations as from time to time may be
given by the Employer. If the work shown on or in any of the further drawings
or details, instructions, directions or explanations are, in the opinion of the
Contractor, extra to that comprised in the Contract, he shall, before
proceeding with such work give notice in writing to this effect to the
Employer, but if no notice is given to the Employer before the execution of the
works, the Contractor shall have no claim for any extra allowance on
account of same.

If within seven days after the receipt of a written notice from the Employer
requiring compliance with the Employer’s instructions the Contractor does not
comply therewith, the Employer may employ and pay other persons to
execute the work necessary to give effect to such instructions and all costs
incurred in connection therewith shall be recoverable from the Contractor or
may be deducted from all monies due to him by the Employer.

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

Orders are to be placed at the v ery beginning of the work for materials,
13. Ordering materials, fittings anti items of equipment in the quantities specified but which are not
fittings and available on the local market in the quantities required. Non-availability of
Equipment’ these items will not be considered as an excuse for delay on the works unless
it can be proved that orders were placed for the articles in question within
two weeks of the receipt of notification of acceptance of contract.
The whole of the materials and workmanship provided by the Contractor shall
14. Workmanship and be the best of their respective kinds and the Contractor shall be entirely
Materials responsible for the proper and efficient carrying out of the whole of the work.

Samples of materials the Contractor proposes to use in connection with the

contract shall be submitted to the Employer whose prior approval as to their
suitability must be obtained before they are used. The Employer shall retain
such samples, and no materials will be allowed to be used in the works which
are not equal in every respect to the approved samples.
The Contractor shall give all necessary notices obtain any necessary permits
15. Notices and required by any of the authorities and shall provide for any and pay all fees
Permits and charges required.
The Contractor shall at the request of the Employer within such time as the
16. Work to be opened Employer shall name, open for inspection any work covered up and should
up at Employer’s the Contractor refuse or neglect to comply with such request, the Employer
request may employ other workmen to open up the same. If the said work has been
covered in contravention of the Employer’s instructions, or if on being opened
up is found not to be in accordance with the drawing and contract
documents or the instructions of the Employer, the expenses of the opening
up and making good again whether done by the Contractor or such other
workmen shall be borne by and be recoverable from the Contractor.
The Contractor shall be responsible for setting out the works and, shall amend
17. Setting out of at his own cost any errors arising from inaccurate setting out.
Works
The Contractor shall keep constantly on the Works competent English
18. Foremen speaking General Foreman and any directions and/or explanations given by
the Employer shall be deemed to have been given to the Contractor and
shall provide suitable site office for said Foreman to be cleared away on
completion.
The Clerk of Works shall be considered to act solely as an inspector and under
19. Clerk of Works the Employer. The contractor shall afford every facility for examination of the
works, materials, wages sheets and such other office records for the proper
performance of his duties.
The Contractor is to provide and keep in repair a proper temporary office
20. Office for Clerk of approximately l0' x 10' complete with furniture for the use of the Clerk of
Works Works, and. clear away on completion.
The Contractor shall, on the request of the Employer, immediately dismiss from
21. Misconduct of the works any person employed thereon by him who may in the opinion of
Workman the Employer, be incompetent or misconduct himself, and such person shall
not be again employed in the works without the permission of the Employer.
The Contractors shall not without written consent of the Employer assign this
22. Transfer or sub- contract or sub-let any portion of the works. Such consent if given shall not
letting of Contract relieve the Contractor from any liability or obligation under the Contract and
he shall be responsible for the acts, defaults and neglects of any sub-
contractor his agents, servants and workmen as fully as if they were the acts,
defaults or neglects of the Contractor, his agents, servants or workmen.
Provided always that the provision of labour on a piecework basis shall not be
deemed to be sub-letting under this clause.
The Contractor shall provide and maintain to the satisfaction of the Employer
23. Storage of and clear away on completion of the works watertight shade for the storage
Materials and protection of all materials the proper execution of the work. Storage of
materials within the works under construction shall be at the discretion of the
Employer. The Contractor shall be responsible for and make good at his
expense any damage caused by the Storage of such materials.

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

Existing buildings on the site shall on no account be used for any of the
24. Existing Buildings requirements detailed under Clauses 20, 23 and 25, without prior consent
being obtained in writing from the Employer. In the event of consent being
given the Contractor shall be responsible for any damage incurred and
reinstate the premises to their original conditions.
The Contractor shall provide suitable latrines for the ace of workmen. The
25. Latrines for same to be kept disinfected and clean at all times during the progress of the
Workmen works and cleared away at completion and the ground made good after.
The position of the said latrines must be carefully selected and the approval
of the Employer must be obtained before erection.
The Contractor shall provide for covering-up of the works when needful and
26. Covering up of during only stoppage due to bad weather or any other cause.
Works
The Contractor, from commencement of the contract shall provide a
27. Watching, Lighting watchman both day and night including Sundays and Public Holidays. The
and Hoarding Contractor shall in addition protect the site and works by hoarding or fencing
with gates, if necessary, to the requirements of the Employer. The Contractor
is to provide all necessary artificial lighting and power required for the works.
No trees or hedges shall be lopped or walls removed without the consent of
28. Trees, hedges, etc. the Employer. Any trees which are cut down on instructions of the Employer
are to remain the property of the Employer. No ditches shall be filled in
without the permission of the Employer. The whole of the hedges, fences,
paths, trees, shrubs greens, other surface around the buildings or approaches
thereto shall be protected and kept free from damage due to the operations
in connection with the works.
The Contractor shall provide, maintain, remove on completion of works such
29. Temporary roads temporary roads on the site as may be necessary for the proper performance
of the contract and for his own convenience, but not otherwise. All making
good of ground and work disturbed by the removal of such temporary roads
shall be to the Employer’s satisfaction
The Contractor shall allow for the pumping that may be required to keep the
30. Removal of Water works dry and free from storm or flood water and provide all requisite
channels for the diversion of such water.
All rubbish as it accumulates from time to time during the progress of the
31. Clear away rubbish works and at completion shall be cleared and carted away and all materials
condemned by the Employer shall be removed by the Contractor.
The Contractor shall allow for the provision clean water for the works, pay all
32. Provision of Water charges whatsoever including provision of necessary receptacles and labour
for carrying water and in the case where water mains are existing, for making
connections and all necessary temporary plumbing and allow for altering as
required and for clearing away at completion and making good all works
disturbed, to the satisfaction of the Employer.
The Employer or any person authorised by him shall have at all times free
33. Access for access to the works and also have access to the workshops to the Contractor
Employer or other places where work is being prepared for the works. The Contractor
shall provide all labour and apparatus required for testing and measuring the
works and. for weighing, proving or testing the efficiency of any portion or
portions of the completed work. When so required by the Employer, the
Contractor shall furnish to the Employer any accounts, wages sheets, any
other office records in connection with the works, when so required, for
examination and. Provide any attendance necessary.
The Contractor is to prevent any trespass on the adjoining owner’s property
34. Trespass and will be responsible for any damage caused by such trespass by his staff or
approved sub-contractors. Should the Contractor wish to erect scaffolding on
or to make use of such adjoining property he shall inform the Employer and
obtain permission from the owners and clear away at completion of his work
or when directed and make good any damage to their satisfaction and to
satisfaction of the Employer.
All articles of value and of antiquarian or archaeological interest that may be
35. Articles of value found in the excavations shall remain the property of the Employer, and shall
be handed over to the Employer.

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

The Contractor shall be responsible for the safety of the works (including the
36. Responsibility for materials, temporary buildings and plant) until they are taken over by the
safety of building Employer and they shall stand at the risk, and be in the sole charge of the
Contractor, who shall be responsible for, and must with all possible speed
make good all damage from whatever cause.
The Contractor shall insure the works and keep them insured until they are
37. Insurances delivered up, against loss or damage by riot, fire, flood or ravages of the
weather (including cyclones) in the joint names of the Employer and the
Contractor for the full value of the works and shall deposit with the Employer
on signing of the contract the policies and receipts for the premiums paid,
should the Contractor make default in so doing, the Employer may insure as
aforesaid and deduct the premiums paid from any monies due or to become
due to the Contractor.
The Contractor shall be responsible for all structural and decorative damages
38. Responsibility for to property and for injury caused by the works or workmen to persons, animals
injury or things, and shall indemnity the Employer against any claims or proceedings
which may be made on the said Employer whether under the Workman’s
Compensation Ordinance, 1931 or any amendment, modification or
extension thereof, or any other statute in force during the currency of the
Contract or at a Common Law, in respect of any person in the employ of the
Contractor or by any person claiming through such person.
The Contractor shall secure the due performance of these indemnities by
entering into the proper and sufficient policies, and receipts for premiums
paid shall be deposited with the Employer on signing of the Contract; should
the Contractor make default in so doing, the Employer may insure as
aforesaid and deduct the premiums paid from any monies due or to become
due to the Contractor.
Any defects, shrinkage, or other faults which may appear within the 6 months
39. Defects after Maintenance Period arising in the opinion of the Employer, from the materials
or workmanship not being in accordance with the drawings and contract
documents or instructions of the Employer issued within the period, shall, upon
the instructions in writing to the Employer and within such reasonable time as
may be specified therein, be amended and made good at his own cost. In
the case of default, the Employer may employ or pay any other persons to
amend and make good such defects, faults or damages and all the
expenses consequent thereon and incidental thereto shall be borne by the
Contractor and. shall be recoverable from him by the Employer, or may be
deducted by the Employer from the monies due or that may become due to
the Contractor.

The Contractor shall state in his Form of Tender the number of weeks he
40. Time of Completion requires to complete the whole of the works.
In the event of the works not being completed within the aforesaid time or
within such extension of time as may be made by the Employer under Clause
7 of the General Conditions of Contract, the Contractor shall pay to the
Employer for such non-completion as liquidated and Ascertained Damages
whether or not actual pecuniary loss has been caused the sum of
Rupees ………………………………………………………………..
………………………………………(Rs…………………………….)
per week or part thereof that the work remains uncompleted. In the case of
the termination of the works of this Contract, for any reason before the works
arc completed by the Contractor, the time to be allowed before any monies
become payable by the Contractor to Employer, under this Clause shall
present the same rates to the original Contract time as the amount of the
completed work bears to the work originally included in the Contract.
In the event of non-completion of the Works within the time specified in the
Form of Tender or within any approved extended period, a registered letter
with "Avis de Reception” shall be deemed to be sufficient notice for payment
by the Contractor of the sum calculated at the rate stated above for the
period during which the said works remain uncompleted and such sum shall
be deducted from any monies due to the Contractor.

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

If any difficulties arise during the progress of the Contract and the completion
41. Works delayed of the work is delayed thereby, the Contractor undertakes to make no claim
upon the Employer for such delay, or for any loss, damage or inconvenience
he may sustain by reason of such difficulties but such additional time shall be
allowed to the Contractor for the Completion of the Works, as in the opinion
of the Employer, shall be reasonable.
The Contractor shall suspend the execution of the works whenever called
42. Suspension of upon in writing by the Employer to do so and shall be allowed a reasonable
Works extension of time for any such suspension.
If the Contractor shall become bankrupt or insolvent or enter into liquidation
43. Bankruptcy whether compulsory or voluntary, or shall suffer execution for debt in a court
of law, or shall propose any composition with his creditors for the settlement of
his debts or shall enter into, make or execute any Deed of agreement, or shall
carry on or shall propose to carry on, his business under inspectors on behalf
of his creditors, or shall commit any act of bankruptcy, the Employer may
require the works to be proceeded with, and if this requisition is not
satisfactorily complied with within seven days from the data of the Employer’s
notice to that effect, the Employer may by notice to the Contractor rescind
the contract, whereupon the Contract shall be at an end.,
The Employer shall thereupon have power to enter upon and take possession
of the work, and all plant, tackle and materials and either complete the works
himself or enter into a fresh contract with some other person or firm for their
completion without prejudice to their rights to receive from the Contractor or
his sureties (if any) damages under the Contract for the loss sustained by them
owing to Contractor’s default.
In the event of death of the Contractor, the Employer shall have the right to
44. Decease of the determine the Contract, complete the works himself or enter into fresh
Contractor contract with some other person or firms for their completion, and recover
any loss sustained thereby according to the Laws of Mauritius.
The Contractor shall be entitled to be paid in accordance with the Payment
45. Payment Schedule referred to in the Form of Agreement, such payments to include
extras and omissions approved during the relevant period.
Payment shall be made at the rate of 90 per cent of the value of each
45 (a) Retention Money certificate for payment, the balance of 10 per cent being retained by the
Employer until practical completion of the Works.

On practical completion, of the Works the Contractor shall, subject to clause

40 of the General Conditions of Contract, be entitled. to a certificate for one
half of the total amounts so retained and the other half shall, subject to
Clause 39 of those Conditions, be paid to the Contractor at the end of the (6
months) Maintenance Period.
Applications by the Contractor for payment shall be made in writing at the
46. Payment to periods set out in the Payment Schedule.
Contractor On receipt of such applications, the Employer may make such measurements
and valuations as he may think desirable or necessary and, the Contractor
shall be entitled to receive within ten days of the said application a certificate
stating the amount due to him from the Employer and shall on presentation of
such certificate be entitled to payment within seven day. It should be clearly
understood that any sum agreed to be credited by the Contractor for old
materials on site be deducted from the first or any subsequent payment.

No certificate of the Employer shall be of itself conclusive evidence that any

works or materials are in accordance with this contract nor shall it relieve the
Contractor from his liability to make good all defects provided by Clause 39.
The Contract sum shall be regarded as fixed and no adjustment will be made
47. Rise and Fall for fluctuations in the price of labour or materials in this contract.
The Words "Prime Cost” or the initials "P.C" applied to goods obtained and
48. Prime Cost fixed by the Contractor shall mean, unless otherwise stated in the contract
documents, the NET sum paid to the Merchant after deducting all trade or
cash discounts for such goods, and such sum shall be exclusive of special
cartage, the cost of fixing and contractor’s profit.

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

All provisional and prime cost sums shall be expended as the Employer may
49. Provisional and direct. The Employer may pay, all or any portion of such provisional and prime
Prime Cost Sums cost sums direct and deduct the same (including profit or other charges that
may have been added) from the Contract sum.
The Employer may employ specialists on the works for whom provisions are
50. Specialist made in the contract documents and the Contractor shall obtain from such
requirement specialists a statement showing their requirements an regards recesses,
chases, etc., so that they may be built in correctly in the first place, and no
alteration needed afterwards. If the Contractor fails to do this, the onus of the
alterations shall fall upon him and he will be required to carry out the
necessary works at his own expense.
The Contractor shall afford adequate facilities to any Specialists or other
51. Facilities to parties employees upon the building so that their work may proceed during
Specialists the progress of the building, and unless otherwise specified, shall provide for
specialists or other parties proper, sufficient, and if necessary, special
scaffolding, hoisting and ladders, and supply them with water and lighting
and allow for attendance.
The Contractor shall, when authorised by the Employer, vary by way of extra
52. Variations, Extras or omission from the drawings or contract documents and such authorisation
and Omissions to be sufficiently proved by any writing or drawing signed by the Employer but
the Contractor shall make no variations without such authorisations.

Should any extra work be ordered verbally by the Employer, or any

unforeseen works arise during the progress of the work, the Contractor shall
immediately forward a statement of the extra work to the Employer, or any
unforeseen work arise during the progress of the work, the Contractor shall
immediately forward a statement of the extra work to the Employer in order
that such claim may be investigated at the time and a written order
obtained,

The value of any variation or extras and omissions so sanctioned shall be

added to or deducted from the contract sum.

The said value shall be ascertained by valuation and measurement at the

rates contained in the Schedule of Rates (Clause 3). No allowance will be
made for loss of profit on omitted work.
No work shall be executed as Daywork without the written consent of the
53. Daywork Employer. Vouchers for Daywork giving full details of labour with names of
workmen, rates of wages paid and materials used shall be delivered up to the
Employer at or before the expiry of the week following that in which the work
shall have been done,

The allowance to the Contractor on Daywork account shall be at the rate of

10% on the actual net disbursement in wages and travelling expenses to the
workmen actually engaged and at the rate of 3% on the net cost of the
materials (after deducting of all trade discount) actually used in the
completed works. These percentages shall cover all charges for the
Contractor’s profit, on cost, insurance, supervision, overhead establishment
charges and maintenance, time-keeping and all clerical work etc., as well as
for the use of scaffolding, plant arid hoisting artificial light, water and all
tackle, tools, tool sharpening and all incidental charges whatever.
The sum allowed for Contingencies is to be expended only as the Employer
54. Contingencies may direct, and will be deducted in whole or in part, if not required.

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

If the Contractor shall suspend the works or in the opinion of the Employer
55. Determination of shall neglect or fail to proceed with due diligence in the performance of his
Contract by
part of the Contract, or if he shall make default in the respects mentioned in
Employer
the preceding clauses, the Employer shall give notice in writing to the
Contractor specifying the default and if the Contractor shall fail or neglect,
seven (7) days after such notice has been given to proceed with the work as
in notice directed, the Employer may take possession of the works and of all
such plant and materials thereof intended to be used for the Works, and all
such plant and materials as above-mentioned shall thereupon become the
property of the Employer. If the Employer shall exercise the above power, he
may contract, with any other person to complete the works and deny the
Contractor, his agents and servants access to the works.

Upon completion of the works, the Employer shall certify the amount of the
expense properly incurred on and incidental to the default of the Contractor
as aforesaid, and in completing the works by other person, should the amount
so certified be less than the amount which would have been due to the
Contractor upon the completion of the works by him the difference shall be
paid to the Contractor, should the amount of the former exceed the latter,
the difference shall be paid by the Contractor, the Contractor shall not be
entitled to any further payment or compensation for the use of the plant and
materials for the completion of the works under the provisions herein before
contained other than such payments as is included in the Contract price.
After the works shall have been completed by persons other than the
Contractor under the provisions herein before contained, the Employer shall
give notice to the Contractor of such completion and may require him from
time to time, before, on or after such completion to remove from the site his
plant amid all such materials as aforesaid as may not have been used or
required in the completion of the works.

If such plant and materials are not remove within such reasonable time as
shall have been specified by the Employer in the notice given to the
Contractor all such plant and materials shall remain the absolute property of
the Employer and may then be disposed of in whatever manner as may be
deemed expedient. Any notice may be given by leaving the same at the
place of business of the Contractor or by registered letter sent to him at this
address.
The Contractor shall in the execution of the Contract, observe and fulfill the
56(a) Fair Wages Clause obligations upon Contractors prescribed in the wages Absolution (Building
Industry) Order, 1960 and such amendments thereto as may be from time to
time be made regulating the conditions of employment of manual workers
employed in the building industry.
The Cont ractor shall pay a full day's wage on Saturday for work from 7 a.m to
56(b) Wages to be paid 1 p.m. this period including one hour's break for lunch. Any work performed
on Saturdays
after 1 p.m. shall be paid for at not less than the applicable statutory rates.
The Contractor shall recognize the Freedom of his workpeople to be members
57 Trade Union of Trade Unions.
Membership
The Contractor shall keep proper books and time sheets showing the wages
58 Inspection by paid to and time worked by workmen in and about the execution of the
Labour Dept.
Contract and he shall be bound, whenever required to produce such wages
books and time sheets for the inspection of any person authorized by the
Labour Commissioner.
The marginal notes in this document are for the convenience of reference
59 Marginal Notes only, and are not to affect the construction of the clauses.

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

Extract from Government Gazette No. 67 of 31.10364

THE LABOUR CLAUSES IN PUBLIC CONTRACTS

ORDINANCE 1964

Ordinance No. 31 of 1964 (M.A. 2831 / 6 )

I Assent
23 October , 1964
TOM VICHERS
Officer Administering the Government
______________________________

Arrangement of Sections
Sections

1 Short Title
2 Interpretation
3 Provision, etc. deemed to be included in public contracts
4 Rates of wages and hours and conditions of works to be applied.
5 Schedule of Rates and Conditions in absence of established rates conditions
6 Preliminary declaration of Contractor
7 Arbitration
8 Keeping of Records
9 Prohibitions
10 Certificates to accompany claims for payment
11 Contractor to provide information required by the competent authority
12 Procedure where default in payment pf money in respect of wages
13 Consequences of failure to comply with requirements
14 Power to vary schedule
15 Consequential amendment

An Ordinance

To provide for Labour Clauses in Public Contracts ENACTED by the Legislature of Mauritius, as fol1ow:
Short title 1. This Ordinance may be sited as the Labour Clauses in Public Contracts
Ordinance, 1964

Interpretation 2. In this Ordinance, the following expressions shall have the meanings hereby
assigned to them

“Competent Authority” means the Principal Assistant Secretary of the Ministry of

Labour or his duly authorized representative

“Contract~ means a contract for:

(a) The construction, alteration, repair or demolition of public works

(b) the local manufacture, assembly, handling or shipment of materials, supplies

or equipment;

(c) the performance or supply of services;

“local authority” means the council of a town district or village;

‘public contact” means a contract involving expenditure of funds by any

department of the Government or any local or public or quasi-public authority,

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

body or organization mentioned in the Schedule hereto.

Provisions etc. deemed 3 Every public contract shall be deemed to include and to incorporate the
to be included in pub1ic provisions, conditions or stipulations set forth in this Ordinance to all intents and
contracts purposes as if the same were expressly set out as conditions of covenants
therein to be observed and performed on the part of either or both of the parties
to the contract

Rates of wages and 4 The contractor shall pay rates of wages and observe hours and conditions of
hours and condition of labour not less favourable than those established in the trade or industry by
work to be applied agreement, machinery of negotiation or arbitration to which the parties are
organisations of employers and trade unions representatives respectively of
substantial proportions of employers and workers engaged in the trade or
industry (hereinafter referred to as established rates and conditions)

Schedule of rates and 5 In the absence of any established rates and conditions as defined in the
conditions in absence of proceeding section, the competent authority shall, after consultation with the
established rates and representatives of employers and workers, prepare and furnish a schedule
conditions setting forth fair and reasonable rates and conditions to be observed in the
execution of the contract, having regard to established rates and conditions in
respect of persons employed in a capacity and in general circumstances similar
to those of the persons engaged on the contract or, failing such established
rates and conditions, any fair standards of rates and conditions commonly
recognized in respect of persons Employed in a similar capacity and in similar
general circumstances.
Preliminary declaration 6 Before being placed on any list of government contractors or being allowed to
of contractor tender for government contracts, the contractor shall certify that to the best of his
knowledge and belief the wages, hours of works and conditions of labour of all
workers employed by him in the trade or industry in which he is offering himself
as a contractor are fair and reasonable having regard to the provisions of section
4 of this Ordinance

Arbitration 7 In the event of any difference or dispute arising as to what wages ought to be
paid or what hours or other working conditions ought to be observed in
accordance with the requirements of Section 4 of this Ordinance, it shall, if not
otherwise disposed of be referred by the competent authority to the Minister who
may, if he thinks fit, refer the matter to an arbitration tribunal constituted in
accordance with the relevant provisions of the Trade Dispute Ordinance. In
arriving at its decision the tribunal, in the absence of any established rates and
conditions in the trade or industry concerned as specified in Section 4 of this
Ordinance, shall have regard to any agreement, custom, practice or award that
may be brought to its notice relating to the wages hours or conditions of labour
of persons employed in a capacity similar to that of the persons to whom the
difference or dispute related in trade or industries carried on under similar
general circumstances.

Keeping of records 8 The contractor shall keep proper wages books and time sheets showing the
wages paid to and time worked by the workers in and about the execution of the
contract, and

he shall be bound, whenever required, to produce such wages books and time
sheets for the inspection of any person authorised by the competent authority

Prohibitions 9 (1) The contractor shall be prohibited from transferring or assigning any contract or
portion thereon involving the use of local labour unless the written approval of
the competent authority is obtained

Provided that in the case of Government contracts, the competent authority shall
be empowered to delegate its power of approval to the Permanent Secretary or

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 General Conditions of Contract – Ministry of Public Infrastructure, Land Transport & Shipping

other senior administrative officer directly responsible to the Minister of the

Ministry administering the contract.

Provided further that in the case of contracts to which a local authority is a party
the contractor shall be required to obtain the approval of the said local authority
in addition to that of the competent authority before subletting any portion of the
local contract.

9(2) A sub-contractor shall be bound in all cases to conform to the conditions of the
main contract and the main contractor shall be responsible for the observance of
all contract conditions on the part of the sub-contractor

9(3) No portion of the work to be performed on a contract shall be done at the homes
of the workers, except in so far as work is so performed by practice or custom.

Certificate to 10 A contractor shall not be entitled to payment of any money which would
accompany claims f or otherwise be payable under the terms of the contract in respect of the work and
payment labour performed

in the execution of the contract unless and until he shall have filled together with
his claim for payment a certificate showing:

(a) the rates of wages and hours of labour of the various classes of workmen
employed in the execution of the Contract

(b) whether any wages in respect of the said work and labour remain in arrears; and

( c) that all the labour conditions of the contract have been duly complied with

Contractor to provide 11 The contractor shall also from time to time furnish to the competent authority
information required by such further detailed information and evidence as the competent authority may
the competent authority deem necessary in order to satisfy him that the conditions of these provisions
have been complied with.

Procedure where 12 In the event of default being made in payment of any money in respect of wages
of any worker employed on the contract and if a claim thereafter is filed with the
Default in payment
competent authority and proof thereof satisfactory to the competent authority is
of money in respect of furnished, the competent authority may, failing payment by the contractor,
wages arrange for the payment of such claim out of the monies at any time payable
under the said contract and the amount so paid shall be deemed payments to
the contractors,

Consequence of failure 13 Any contractor or sub-contractor who fails to comply with any of the provisions of
to comply with this Ordinance shall not be e1igible to tender for further public contract until such
requirements time as the competent authority shall authorise him to do so; provided that such
authority shall not be unreasonably withheld.

Power to vary 14 The Minister shall be empowered to add to or remove from the Schedule the
name or other description of any public or quasi-public authority, body or
the Schedule
organisation.

Consequential 15 The Schedule to the Industrial Courts Ordinance shall have effect as if the
Amendment following were added thereto.

12. Labour Clauses in Public Ordinance, 1964

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