2AKOW a: PAKISTAN PUBLIC WORKS DEPARTMENT ini Daibdate Show oki lo ansaid eye edt ie ube gina od? ni a Division. BREE .engiesd Sub-Division Bane ity monnbrovat ‘ ITEM RATE TENDER axp Jap 10M CONTRACT FOR WORKS [Central P.W.D, Code, paragraph 89.) a GENERAT RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS 2 1, All work for ‘ékecution by contract will be notified im.aiform of invitation to tendes posted in public places and signed by the Divisional Officer. ‘This form will state the warkito be carried out, as well as the date fon submitting and opening tend eine time alfowed for carrying out the work; elso the amount of earnestmoncy to be deposited with the tender, and ‘the smount of the security deposit to be deposited by the su HP ecidorer and the percenteRe, if ony, to be deducted from bills. Copies of the specifications, ‘and drawings and any.?éther documents, sop jim, connection. with the work, signed for the purpose of identification by ‘the Divisional Officer shall also be open for inspection by (or oa rittor at. the office of the Divisional Officer during office bours. bya! fim, it? must bel'signéd teparately by Trin the event of the absence of eny partner, it must be signed on his wend him to do so, such power-of-attorney ; eo a eases, der oe meh stan arte gg Be Rios for payments made on_ account of a work, when executed by a firm, must_alvo be sig ‘by. ‘partners, except where the contractors ‘Cescribed Wr their” tenders several oF 6 im, in whicliteasé the receipts must be signed in the namic of the firm by ono of the partners, ot by some other person having authority to give effectuat receipts for the firm. 4, Any PeHOn"Wwho submits a tevdefoeHEeM fll up the wsucl printed form, stating at what ate Ke tiling to undertake ‘each jtenr of the work.—Tenders. which: propose any- eiteret Fata ne Nock specified in the said form St invitatiod to tonder, or in the time allowed for cacry~ emer ihe work, or which contain any other conditions of any sort, wil be linble to rejection. {ae ovr gle tender shall incite more than one work, but contractors who wish to tender for two ae evoke shall submit a separate tender for each. Tenders shall have the name and mumbor Of the work to which they refer written outside the envelope, 5. ‘The Divisional Officer, of his ditly authorized assistant, will open tenders in the pre- sence of an intending contractors who may be present at the time, end will enter the amounts of Te .Gemal tenders in a Comparative Statement in a suiteble form, In the event of @ tonder being accepted, a receipt for the eamest-money forwarded therewith, shall thercupon be given PRs Cohteactor who shall thereupon for the purpose of identification sign copies of the speci- Hate cand other documentsmentioned in Rule 1. In. the event of @ tender being rejected, the Reatiot money, forwagded with such unccoepted tenders shall thereupon be retuned 10 the contractor msking the sime. 6 ‘The offcor competent to accept tenders shalt hove the right of reseting all or any OF tenders, and will not be bound to accept the lowest tender. + are 7. The receipt of an accountant or clerk for any money paid by the contractor will not te es icknowledgement of payment to the Divisional Oficer and the contractor shall Ta napgpae for sexing be procutes a receipt signed. by the Divisional Officer or @ éuly autboriz~ "The memorandum of work tendered for, and the schedule of materials to be supplied ‘Public Works Department and their igsue ates, shell be filled in completed in ‘the Divisional Mbefore the tender form is issucd. If a form is issued to an jerer without ‘heen so filled in and completed, he shall request the offies to sre he completes and delivers his tender. : bs-no:besuiggos sd oT et) ; Rxeculve Engineers Signature ssutoigi2 ewesniga sites, oe ae9) AF several Sub> works are included ‘They “should be de~ flied in a separate 2 TENDER FOR WORKS 1/We hereby tender for the execution for the President of Pakistan of the work specified in tho underwritten memorandum within the time specified in such memorandum at the rates i in accordance in all respects with the specifications, designs, drawings and deetmuctions in writing ferred to in Rule { hereof and in clause 11 of the annexed conditions and with such materials as are provided for, by, and in all other respects in aecordance with such conditions so far as applicable, MEMORANDUM (@) General deseription (®) Estimated cost (©) Earnest-money (@ Scourity deposit (including earmest-money) (©) Peroontage,, if any, to be deducted from bills (fh Fim? allowed for th: work from date of written Rs, Rs. Rs. Rupees percent) 8 ‘order to commence = ee months. Ttsm Rate tendered Ne. Ttem of work | unit | Per Tn figures In words me IPs | - ‘Note. fae! ‘To be continued on additional shoots as found necessary. | ceRREREE SeesShould this tender'be accepted. I/We hereby agroo to abide by and fulfl all the terms and provisions of the said conditions of contract annoxed hereto so far as applicable, orm default thereof to forfeit and pay to the President of Pakistan or his successors in vilice the. sume of ‘money mentioned in the said conditions. ‘A Treasury receipted challan for the sum of Rs. * is herewith forwarded as clest-money [(@) the full value of which is t0 be absolutely forfeited to the President ‘or be successors in office, without prejudice to any other rights or remedies of the said President oe his successors in office, should I/we fail to commence the work specified in the above memor random, ot (b) Pay ordet/Certified cheque from ‘Bank, the full value of which shall be retained by Government on account of socurity deposit specified in clause 1 (b) the said Conditions of Contract }, Dated. the day. of w, ‘Witness: Address Occupation ‘The above tender is hereby accepted by me on bebalf of the President of Pakistan, Dated the day of 19 CONDITIONS OF CONTRACT Clause 1-—The-Perapas Whose tender’ may be accepted (hereinafter called the contractor) shall oF (B) fpermit Government at the time of making any payment to him for work done under the fo deduct such sum’ as well (with the earnest-money deposited by him) amount to 7 . per cent, of all moneys so payable such deductions to be held by Seti ‘by Way of Security deposit]. All com- ensation or other sums of money payable by the contractor to Government’ under the fone of his contract may be deducted from, or paid by the sale of a sulfliicat part of his security ‘or from the interest therefrom, or from any sums which may" be due or may ‘due to the contractor by Goverament’on any account whatsoever and in the event Of his security deposit being reduced by reason of any such deduction or sale as aforesa the contractor shall within ten days thereafter make good in cash or Government secummey endorsed as aforesaid any. sui or sums which may have been deducted from, oF raised’ by eale Of his security deposit or any part thereof. (Claise ~The tine allowed for, carrying out the work as entered in the tender shall be Siritly observed by the contractor and shall be reckoned. from the date fixed in the writion order focommence work is given to the contractor. "The work shall throughout the” suipulated Period of the contract be processed with all due diligence (time being deemed to be of the meee of the contract on the part ef the contractor) and the contractor shall pay as, ‘compencsting aa amount equal to one percent, or such smaller amount as the Superintending ‘Ensinens (whose decision in writing shall be final) may decide, on the amount of the estimated. cent ‘of the whole work 2s showa by the tender for every day that the work remains uncommenced, ‘or unfinished, after the proper dates. And further, to ensure good progsess. durme the eat eeution of the work, the contractor shall be bound in all cases in which the. time allowed far Any work eaceeds one month, to. complete one-fourth of the whole of the work before one inch ofthe whole time allowed under the contract has elapsed; one-half of the work, before ome half of such time has elapsed and three-fourths of the work, before three-fourths of such” uae haselapsed. In the event of the contractor failing to comply with this condition he shall be liable to pay as compensation an amount equal to one per cent, or such smaller amount ww the Siperintending Bnglacer (whose. decision in. wetiogualrey. Shai may decide on the said estimated cost of the whole work for every day that the due quantity of work temins {noe Plete. Provided always that the entire amount of compensation to be paid under the peoen, Sions ofthis clause shall not exceed ten per cent, on the estimated cost of the work as shayo wa the tender. Clause 3.—1n ay case in which under any clause or clauses of this contract the contrac- toe tal mar rendered hiawel lable to ey compensation amounting to” the wiole “of hs Security deposit (whether paid in one such or deducted by instalments) or commtted a Geaait ‘of any’ of the terms contained in clause 19-B, the Divisional Officer on behalf of the President PRE, all have power Co Adovt nay OF Ue Oe oF ‘may deem best suited fo the interest of Government :— (@ To rescind the contract (of which rescission notice in writing to the contractor under thehand of the Divisional Officer shall be conclusive evidence), and ie Winen ase the security deposit of the contractor shall stand forfsited, and be absolutely At the disposal of Government. ‘Security deposit. ‘Compensation ‘delay. ‘Action when ‘whole of security deposi Torte~ a (©) To employ labour paid by the Pakistan Public Works Department and to supply bon, ivamaterials! to leary out the:work, or any part @f) the work, -debiting the) conteator * ‘with the eostof the labour and the price of the:-materils (of -the\:-amiountof which ° Shot and pice a oetgate of tie Dien “Often shall “bs fal and concn ‘against. the contractor) and crediting ‘him’ with’ the, value'-of the -work done, in all respects in the same manner and at the same rates as if iad been cartied out by the contractor, under the terms of his contsacts the certificate of the Divi eer r fete, HE alg of the, work dove shall bel 498 eon ‘the. 6 oul % ‘SM© To measure up the work of the contractor, and to take such part thereof 4s shall be Choon: Mexegnted, out \of; his hands, and..to give. it. fo. another. ,contractor to, complete ie in which case any expenses which may be. incurred. in excess of the sum, which. would, am hhave been paid to the original contractor, if the whole work has been executed cc Nm (of the amount of which exces the certificate jn writing of the Divisional Offess shall be final and. conclusive) shall te borne “and. paid by the original “eontrtictor and may be deducted from any money due to him by Government under the con- =" 2 tractor or otherwise, or from his security deposit or the proceeds: of:sale thereof, = or a stficient part thereof. t z ° P ° . ¥ © w f : w Pa r es being adopted by the Divisional Officer, the cone tractor shall have no claim to compensaijon for any loss sustained ty bim bysoireasonO of his Raving (purchased or procured any matersis, or entered into any engagements, or made an iwance count of, or with a, view to the execution of the wark ar the ce of the advance. op FER SoG "aphrle cal be SoccLe der tas rood UL RARER cone ont tdball not be entitled to recover or be paid any stm for any work therefore actually per- actor shal nig conlrict,tsless AW until the Divisional Offeer wil have. cert ielwiting Gre cerformance of such work and the value payable in respect thereof, and he shall only be en- titled to be paid the value so Harring Contractor re. Clouse 4,—In any case in which any of the powers, conferred upon. the Divisional Officer musing DODO (Eee efatie 3 °Reréety shall haveobecome, cxeressable ard the: same’shalt not te exercised tlienon- commen OF es thoreok, alull, ot, constitute 2 waiver of any. of the conditions hereof ard In the event of any of the above cou: iat ea etadbathe be exercisable ap te event of shy itore cate of dse 3, ower halt mich ty 2a lace oF lacy Hee ht decid to pay cerned ‘andthe lab fan'to" ane whole of his secirity depos 1 of the ecractor for pasta unaffected. In the event of the Divisional O} a pee ier) fed i ati te paket cH ‘or. any, tOo!8, plant, materials, ota ‘or belonging, £0.the, contra fe ‘Of Procuted by fion-of the work. or AY Fie) aseah, Payine 67 HO Applicable, «af < ‘by. the Divisional, Be dee thieteot stat tes may by notice in writing to the Contractor or fis clerk of require bim to remove such tools, plant, mater, de agent ‘the a in auch notice); and in the event of the contractor failing to, comply with any re ihe Divsional Ofictr may remove thetn-at the eontractor’s expense “oF sell them 1 ton or private ‘sale’ on accotint of the contractor and at his 3K in’ all respects; "end. the Oa Aare of te Divisional Oicer a3 to the expense of aiysuch erhowal ard thevemtit of the ome ‘dnd expense of any stich’sale shall be finat ‘eonelisive’ Weainst RS contractor, cl 2OYP the contractor shall desire an extension of the-tinie tor compfetion6t the: work me ase A ef as having been uravostcbl indeed i fs Seertion os on Any ol src 2S Oo fing to the Divisional Oficer within 30°dA¥s o€_the date, ofthe hiadearce on ae shalt of which he desiges. such extension as sfocesaid, and the Divisional Officer shAlU if in his nceOunt Mick shall be final) reasonable grounds be shown thfetor,, authorize sich extention | ‘of time, if anys , ads « 19 ail onvompletion of te:'work, dhe contractor shall-be furnished: with a ertiicnte: by eteGionat: Oteee Checcinater eal the lnginee>in-Changs) of eh. sompltianel tut bythe Divioner habe given, nor shall Uc work. be considered. o-bg gomplte unt the aig such cotitens Seremoved feomihe premiies on which the Work shal be exceuted al contacter ater ils an rubbish, a leave of she diet from all waod>wouk, dots Sea in, oro other paris. cf sry bulging upon or, about whieh ale “Work ist are a eas oar tr ie apes of te cient a be executed or wiGmahave been measured by the Fngincer-inCharge whose measurement Bet Gyan. conten gat he conte he contacts alla, amy a iit be binding oa tis las as 1 remeal of seaToKing, splat materi Ready vee swith the regu tion of before the date fined for He completion of the. work, the ungineeran ibe contractor remove such, scatolding,. sup snaterals coe aheexpanse ol TE ny eof tne sgne ashe Ouako tt and clean off sch dict x’ Aforest abi c and, the eon fabs ant Fawn pay the amount of all expense so ineuticd, and. shall have io. chal fora aging or worn moteral as sfresad except for any wm et ‘enlsed by the sale thereof. " fas may, in his opinion, be necessary or proper. Final certifieate, Glontractor' Slenatarn Maecatioe Enpinpér"/Stenoture,Clause 7.—No payments shall be made for works estimated to cost tHiousand till after the whele of the works skull have been completed aad a certificate of com- pletion given, But in tne case of works estimated to cost more than rupees One thousand the contractor shall on submitting the bill thereof or be entitled to receive a monthly payriient proportionate to the part thereof then approved and passed by the Engineer-in-Charge, whose Certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. But_all such intermediate payments shall be regarded as payments by way of advance against the final payment only and not as payments for work actually done and completed, and shall not preclude the requiring of bad, unsound, and imperfect or unskilful Work to ‘be removed and taken away and re-constructed, ot re-crected, or be considered ‘as and admission of the due performance of the contract, or any part thereof in any respect, or the accruing of any claim, nor shall it conclude, determine or affect in any way the power of the Engineer-in-Charge under these conditions or any of them as to the final settlement and adjust- ‘ment of the accounts or otherwise, or imany other way very or affect the contract, The final bill shall be submitted by the contractor within. one month of the date fixed for completion of the work, otherwise the Engineer-ia-Charges certificate of the measurement and of the total amount payable for the work accordingly shall be final and binding’ on all parties. Clause 8.—A bill shall be submitted by the contractor each month on ot before the date fired by the Engineer-in-Charge for all work executed in the previous month, and the Engineer-in- Charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified, and the claim, as far as admissible, adjusted, if possible, before the expiry of ter éays from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the Engineer-in-Charge may depute a subordinate to measure up the said work in the presence of the contractor, whose countersignature to the measurement list will be sufi- sient warrant; and the Engincer-in-Charge may prepare a Bill from such list which shall be bind- fing on the contractor in all respects, In the event of delay in peyment for more than 45 (forty- fiye) days after submission of the bills,” the contractor will be entitled to represent direct to the Chief Engineer, Pakistan P.W.D. (by name) endorsing a copy of the same to the efficiency and O&M Wing of the Establishment’ Division, Government of Pakistan Clause 9The contractor shall submit all bills on the printed forms to be had on applica- tion at the office of the Engineer-in-Charge, and the charges in the bills shall always be entered ft the rates specified in the tender or in the case of any extra work ordered in pursuance of these fenditions, and not mentioned-or provided for im the tender at the rates heteinafter provided for such work Clause 9-A.—Payments dus 10 the contractor may, i bank instead of direct to him, provided that the contractor furnishes to the Engineer-in-Charge {Q)an authorization in. the form of a legally valid document such as a powerof-atiorney con ferring authority on the bank to receive: payment, and (2) lis “oWa acceptance of the correctness lof the accouat made out as being due to him by Government or his signature on the bill or other enim preferred against Government, before settlement by the Engineer-in-Charge of the ‘acroun! lor claim by payment to the bank While the receipt given by such ban\ ‘shall constitute a full fandsuflicient discharge for the payment, the contractor shoilld. wherever possible, present his bils duly receipted and discharged through his bankers 10 desired by him, be made to his Nothing hercin contained shall operate to create in favour of the bank any rights or equities Divas the President, Clouse 10:IF the specification or estimate of the work provides for the use of any special iption of materials to be supplied from the Engincer-in-Charges store, or if it_is required the contractor shall use certain stores to be provided by the Engineer-in-Charge (sich ierials and stores, and the prices to be charged therefor as hereinafter mentioned being -s0. as practicable for the convenience of the but not so as in any way to control tmeaning,or effect of this contract, specified in the schedule or meniorandum hereto annex: the contractor shall be supplied with such materials and stores as required Irom time fime be used by-him for the purposes of the contract oaly, and the value of the full quantity Ipaterials and stores so supplied at the rales. specited. in id schedule or memoran may be set off or deducted from aay sums then due fer to become due to th tor unsler the contract or otherwise, or against or fromthe security deposit or the is of sale thercof, if the same_ is held in Government securities the same of a. sufficient fon thereof being in this case sold for the purpose. All materials supplied to. the contractor remain the absolute property of Government, aod shall not on any account be remove: the site of the works, and shall at all times be open to inspection b Engin uch materials unused and in perfectly good condition at the time of the completion or deter fion of the contract shall be returned to. the Enginccr-in-charge’s store, if by a notice in gg under his band he shall so. require; but the contractor shall not be catitled to return any materials unless with such consent and shall hays no claim for compensation on account of uch materials so, supplied. to him, as afarcsaid, boing unused by him, or for any wastage in iige.to. any such mater Payments 00 a tifcates 0 be re Bills 19. be. sub- mitted monthly Bill t0 bo. on printed forme Payment of contractor's bills to banks, Stores supped by GovermentRate for works not in estimate, ashiedale’ ot ‘tes. No ep Hon for alleration {n'or restrition. to ‘work fo be carried out. ‘Action and com penetion payable = td 6 ‘outfactor shall execute the whole abd. évery part of thelwork ta the” mont. ork malice pianget and born as reese ma Lie Satine hori ce with the speciiistions. . Drawings and. insteuctons in. waiting lading. 10) : Ie Trine aeeclaCCharse dd lodged yo hig oli aod ta whieh fe a Of O i rab specifications, drawings, fo him to be hecessary "or ° advisable” during the progress of "the | Nshil be-bound to carry out the work in accordance “with any '° ins" tohimin writing signed by choo) Engineer-ii-charge pamdebuehe! ys) ;, additions or substitations shall not invalidate the” dontract; "> dnd. at altered, additional or substituted work which the contractot-may be directed: to do in the man sep of kl ety hs oats oh ane tions i pra 29. ich he, Ae #9 do the sain work and Mig aaa et Safe pea A oe ES AB a CAD tae fhe ron Obama Raigad caer Serre ys Moy ‘celtificate of the Engineer-in-charge shall be conclusive as to such pro- ‘additional or substituted work includes. any. item of work), for. in this contract, then such item work shall be. carrie R ‘ates of te Pak., P.W.D. revised. adule off ‘ws in force at the time of the acceptatite of the. jet the total tendered amount bears to the estimated ‘Gost. ‘altered, additional or substituted work is not ent Ara Meigen cee et ee Cana : de 0 catty ute work Inform ths Figneajn-cage UB at Na MI Ae iat ole UNO dnt eo Bld of ee whe cece a writing beat Hoery fo canal ht orde 1 cary out such item of work and arrange to carry it out in such manner 48, he. imay » 603 Sdvisable; Provided always’ that if the contractor shall commence. work er-incur any expenditure in regard theroto before the rates shall have been dotermined as lastly hereinbefore». mentionsdy then and im such case he shall only be entitled to be paid in respect of the work carried out)|, ony) expenditure incurred by him prior to the date: of the determination of the rate as aforesaid accord-|) fag. to such rate or rates as shall be fixed by the Engineer in the event of a dispute {he decision of the Superintending Engineer of the Circle shall be final ‘Clause 12-d-~No division from specifications stipulated in. the contract or additional item ‘of work shall be carried out by the contrator unless the rates of tho substituted altered or hhave been | in writing by the competent, authority failing which \Go ound to entertain any claim on this account. . The interpretation of the tof aay dspae dve to any ambiguity. in the specfications or nomenclat ‘inal, r Clause 13.—Ifat any time after the commencement of the work the President of Pakist shall for any reson, whatyocver not require the woe thereat ay apace fn. the sender Carried out, the Engineer-in-charge shall give notice in wating of the fact to the contactor Shall haye no claim to aay payment or compensation whatsoever on account of any pr Sdvantage, which he might have derived from the execution of the work in full, but which id not derive in consequence of the full amount of the work not having, been, carried ‘Gulther shal ‘he bave any claim for compensation by reason of any alternation. having, bee Ja the original specifications, drawings, desians, and instructions which shall iavolve, any, ment of the.work.as originally contemplated. " (Claiise 141 tt shall appear to the Engineer-In-charge or his sub-ordinate "> ‘tn’ the work, that shy work has been executed with unsound, imperfect, of unskilful work the wort, that SY Tecy infelor description, or that any material’ or ar ‘him for the execution of the work are unsound, or of a quality inferior to ct oe ‘not ee with the ee eet, shall on demand in others ao coarge speaiving the, work, materials. or arlides Ol Shtanding that the same may blve been inadvertently passed, certiied srl paid for Stor remove and reconstruct the work so specifica in whole of in part as the ith testy, of race any ber remove the materials or articles so specified and ‘proper dnd suitable materials or articles at his own proper charge and cost and in the Peeper a da to with sa a period to be specified by the Engineer-in-charge in is dena fuid: thee the contractor shall be liable to pay compensation at the rate of ome pet' sibunt ofthe esttnate for every day not exceeding ten days, while his failure t0 do mae dod in'the case of any such failure the Enginecr-in-charge may rectify of ‘execs the work or remove and replace with other, the materials or articles ¢ ‘case may be, at the risk and expense in all respects of the contractor. ill be decided by the Engineer-in-charge and may include additional work necessary then or set right the unusual work carried out by the contractor. SFESe ee ee. Be.jClage 15.» All-work under or in course of execution or executed in pursuance of..the-6oRe2 Works to be al a alltime be open tothe inspection ‘and supervision of the Taginooiinvehavge ani open to ‘apes subordinates and the contractor shall at all times during the usial working houes.»-agdeas.suon. other times at which reasonable notice of the intention of the Lngincer-in-charge or his sub- inate torvisitcthe-work shall have béen given: to:the contractor, either himself be! presen to sworia orders and instructions or have a responsible agent duly accredited in writing present” Contactor ot that puirposeh» Otders given to the contructor’s agent ‘shall'be considered. to have’ the: same repontibie agent je as if they had been given to the contractor himself {obs present Clause 16.—The contractor shall. give not Jess than five day's notice in writing to the Ea i rin-charge or his subordinate in'tharge ofthe Work Wefore’ covering u? or other wise Not? "be g beyoned the reach of measurement any work in order that the same may be measured, Or i ented ‘correct dimensions thereof be taken before the same is so covered up or placed beyond up. endl? ofsmensicement: andeshalhnot cover-up: or place’ beyondthe reach’ of measurement, By work without the consent. in writing of the Engineer-in-charge or his subordinate in, ehatge the work and if any work shall be covered up or placed beyond the reach of measwement -edch notice having beencgivest ot sconsent obtained, "the,-sasre sall be. recovered. at etof'simxpenser>-of in sefituls:: thereof -no- payment, or allowance shall be male For kor the materials with which the same,was executed, ch wor! Danse: \72=HE the “contractor or his work ‘people oF secvaats shall bereak. dee, injure paestroy any part of building, in vhich they say be working or any Duling road,’ oad > Cte la Trae ealoeue wergiie cabin, Ans Ceti or wephou peat se wien, See ome gr grassland or” cultivated ground contiguous to the premises on which tie work or aay. (enetttea ( ii of is,bcing executed, or, if any damage shall happen to tie, worky wile in progres, fcom "monies aft da whan sn owtecionn amie Aare nf NBN yee Runge, = Daly o the case of toad) work) ater hcariheate ial or offer offs completion, shall Mag dpa wy, is HnginpgrincbarBe as. Aforesta, the contactor shall rake he" sare “geet iowa. exponen bin details the, Haguner incharde may cause the sue ty Be rade Sod wr Sretyen aad dec ihe expetbe (ot, videh ie coruiaeate of the apne ists Taal) from “any sims that may be then or at any’ tne thereafer nay becone, dae fo fe ro frm Mi feat depot oye poze of eShelf tt pon rte sepurty deposit of the contractor shall not be refunded before the expiry Athos [yivelve onths in the! ease ofa oa Work)’ afer’ the issue thé’ Cer tieate” Bhal Gr other, ro Corsplchon of Wark Provided that ft the ease of = road work if in the Opimon. Fd Geese ht of the’ security| depot is suficient to oct all the lioiiiey oF Me” cone Glace this contact half of the security deposit wil be refundable aftr 6 maths aid te Bail afer 2 mibhtis Gf the hou of the said ceriicae of compton, 18,The contractor sball supply. at is own cost material except s TT aay,.65 may in eocordance with tie contract be supplied trom’ the Emginect ge, Contractor 10 rs stores), plant, tools, appliances, iniplements, ladders, cordage, tackle, " seattlling.” SEPP plant, ade femporary works requisite for proper or the proper’ execution of the work, whcther “origina 'eee> saiodgs, or substituted, and whether included in the specification or” other documents if part OF the eottractor Teferred'ta in these conditions or not, or which fay. be'Recerters fhe purpose of satisfying or complying with ‘the requirenients of the ugnceen eye as to any matter as to which under those conditions he is entitled to be salted, or fhe is entitled to require together with carriage therefor to and from the woile "The or shall also supply without charge the requisite number of persons with ‘the meats Tiaterials necessary for the purpose of seiting ut works, and. counting, weighing “and ising in the measurement or examination at any nd from time to tine of the work utils. Failing his $0 doing the same, may, be provided. by the Engincer-in atthe mses of the contractor and the expenses may be deducted from any money dite to the ‘com ic under the coatract oe from hs ecu) deposit or ts preside ol sale Weicot; or i's fisent portion thereo! contractor shall also provide all necessary feneing. and Ij ed to protect the public from accident and shall be bound to bear te expenses of depos suit, action er other proceedings, at law, that may be Grought by any person ios injury ined owing to.2egleot of the above, precautions and to pay any damages and costs whic fovarded in any such suit, action or proceedings to any sich person or witch may with wo) And special ma. Be eee ts a be oe one ee shit Seca aia Clause 18-A.—In every case in which'by virtue of the provisions of Section 12, Subvyequii Reni” facia (i) of the Workmen's Compensation Act, 1923, Government. is obliged to pay’ comet toa workinan employed: by ths) contractor in execution ofthe works, Governmont cal from the contractor the amount of theicompensation so paid; and. without prejudice td Tigh of Government under Scotion "12, Sub-stction (2) of the said Act, Governmiat ante at iberty to recover such amount or aay part thereof by deducting it fvom the security deere ‘ny sum duo by Government to the contractor waelhcr wader this contact of Ses pos jogos Slgaatute, Executive Bnglacer's Signalilee 'The Government shall not be bound to contest any claim made against it under Rection 12, ‘Sub-section (1) of the said Act. except on the written request ef the centractor and Mis giving to Government full security for all costs for which Government might. become’ fable’ in ‘consequence of contesting such claim. Clause 19—No female labour shall be employed within the ‘timits of a cantonment. ex %Olause 19-A.—No labourer below the age, of twelve years shall be employed.on the work. 2 FAIR WAGES CLAUSE Clause 19-B.—The contractor shall pay not less than fair wage to Inbourers engaged by him ‘on the work. 2. Explanation.—“Fait wage” means wage whether for time or piece work notified at the time of inviting tenders for the work and where such wages have not been so notified at the rates prescribed by the Pakistan P.W.D., for the district in which the work is done, f ‘The contractor shall, notwithstanding the provisions of any contract to the contrary, ‘4 fair wage to labourers indirectly engaged on the work, inchding any labout ees cert in comecton with ie ahh, work, us davlabogertahirtia immediately employed by him. 4, To respect of all labour directly or indirectly employed in the works for the perfortiance ‘the cont actor's part of this agreement, the contractor shall comply with or eause to be com ‘with Pak, P.W.D. Contactor's labour regulations made by Govt, in regard to p ‘of wages, wage, period, deductions from wages. recovery of wages not "paid and tunathorizedly made, maintenance of wage resister, wage cards, publication of scale oer terms of employment, inspection ant submison of perodieal returns and all Tike nature. 5, The Bxecutive Engineer, o> Sub-Divisicnal Officer concerned shall hace the right deduct, from the moneys due to the contractor any sum required or estimated to be for making good the: loss suffered by a worker or workers by reason of non-fulfilment tions contract for the benefit of the workers’ non-payment of wages or of ded made from his or their wages, which are not justified by the terms of the contract or none vances of the regulativns. 6) Viea-Vis, the Pakistan Govt—the contractor shall be primiafily liable for’ all paym socbe made under, and for the observance of the Regulations aforesaid without prejudice right claim “indemnity from his sub-contractors, 7. The regulations aforesaid shall be deemed to be a part of this contract and any thereof shall. be a breach of this contract PAKISTAN P.W, Gontcactor’s Babour Regulations 1, Short Title—These regulations may be called “the Pakistan P.W.D. Cont Labour Regulations”. 2, Defindons-HIn these Regulations, unless otherwise XPS. © or a eieerds tah etorestocs Wall tavo the, mating torsby” eeipeabeamean Gat is fo say ~ (1) “Labour” means workers employed by a Pak, P.W.D. contractor directly or i through a sub-contractor or other person, or by an agent on his behalf. (@ “Fair wages” means wages wiether for time ot piece work notified at the viting tenders for the work and where such wages have not been so notified, the wages by the Pak, P.W.D. for the district in which the work is done. (@), “Contractor” shall include every ps:son whother sub-contractor or headman, employing labou on the work on contract (4) Wages shall have the same meaning as defined in the Paymént of Wages Act cludes tims and piece rate wages, I Contractor's Signature. Bxecutive Bngineer's3. Display of Notices Regarding Wages, etc.—The contractor shall, before he Gémmences his work on. contract dispiay and correctly maintain and continue to display and correctly. maine tain, in a clean and legible condition on conspicuous places on the work, notices in English aiid in the local Pakistani language spoken by the majority of workers, giveing the rate of wages which have been certified by the Executive Hngineer, the Superintending Fingineer, the Chief Engineer, or Conciliation Officer, as fair wages and the hours of work for which wages are earned and. (©) Send a copy of such notices to the certifying officers, 4. Fixation of Wage Periods (1) The contractor shall fix the wage periods in respect of which the wages shall be payable. (2) No. wage period shall exceed one month. @)_ Wages of every workman employed on the contract shall be paid before the expity of ‘ten days, after the last day of the wage period in respect of which the wages are payable, ) When the employment of ‘any worker is terminated by or on. behalf of the contractor, the wages earned by him shall be paid before the expiry of the day succeeding to one second working day on which his employment is terminated. (S) All payment of wages shall be made on a working day, 5. Payment of Wages.—(1) Wages due to every worker shall be paid to him direct. @) All wages shall be paid-in current coin or currency or in both, 6. ake Register and Wage Cards,ete.—(1) The contractor shall maintain a Wage Regis tr of cach worker in such form as may be convenient, but the same shall include the foloniag particulars :— (@) Rate of daily or monthly wages (8) Nature of work, on which employed, (©) Total number of days worked during each wage period. (@) Total amount payable for the work during each wage period (©)] All deductions made from the wages with an indication in each case of the ground f 0 cs to debut ese Ee D) Wages actually paid for each wage period 2) The contractor shall also maintain a wage card for each worker employed on the work. 3) The Executive Engineer may grant exemption ftom the maintenance of Wages Rey Rat Wage Cards, to contractor who in his opinion, not dred or indirect eee Beet Mian 20 persons on the work. 7. Fines and dedictions which may be made from wages :— i) The wages of a worker shall be paid to him without any deductions of any kind es ftowing those authorised, namely :— Y ny xcept @ Fines, (#) Deductions for damage to or losses of goods expressly entrusted to the for custody, of for loss of money for which he is requited to ecount of toss is directly attributed to his neglect or default. employed person where such damage (© Deductions for absence from duty, ie., from the place or p his employment he is required to work.” ‘The amount of dens tion to the period for which he was absent s where by the terms of ions shall be in propor- (O Any other deduction which the Pakistan Government may from time to time allow: (2) No fines shall be imposed_om a worker and no deduction for damage orl from his wages until the worker has been given an opportunity oF ckeasinc ss skal. be fines or deduction fontractor's Signature, Bxecutive Engineer's Signatur,(3), he total amount of fines which may be imposed in any ono wage period on'a worker shail-not exceed an amount equal to 3 paisa in a rupee of the wages payable {0 him in respect of ‘that wage pociod. (4), No. fine imposed on any worker shall be recovered fro the expiry of 60 days from the date on which it was imposed. im by instalments)" ‘or’ after’ vi (S) No fines shall be imposed for any acts and omissions unless a list thereof has been ap- to proved by the Central Labour Commissioner. to Register of fines , etc. ne (1) The contractor shall maintain a register of fines and of all deductions for'damagé or loss. | a Such register shall mention the reasons for which fine was imposed or deductions for damage or | 02 loss was. made. of (@) The contractor shall maintain a list in English and in the local Pakistani language, clearly | Go deinng ats and omissions for, which penalty or ine can beimposed.. ‘He shall display such list | Th tain it in a clean and legible condition in conspicuous places on the work. tra 9. Preservation of registers : ‘The register, the wage cards and the register of fines and deductions requited té'be Yaaintdined | Per under these regulations shall be preserved for 12 months after the date of the last entry made in | 0b them.. Hea 10, Powers of Labour Welfare Officers to make investigation or enquiry and to recommend to imposition of fine. eT ‘The Labour Welfie Officer or any other person authorised by the Pakistan Govt, on theie behalf shall have power to make enquires with a view to ascertaining and enforcing due and: proper observance of the fair wage clause and the provisions of these regulations. Hee shall ine ‘vestigate into any complaint regarding the default made by the contractor or sub-contractor in regard to such provisions. The Labour Welfare Officer may with the written apptoval of the Céntral Labour Commissioner also recommend to the Executive engineer concerned such fine not ex ing. Rs.-50 for each default as the Central Labour Commissioner considers ft to be imposed the contractor for non-compliance with fair wages clause and these regulation, and the Eyceut ‘may, i he considers the imposition ofthe fine justified impos: the ne and deduct th mount tere from any il due to the contractors but if he dsagrood with de recommendation ‘Labour Welfare Officer, he will pass on theso papers spetintending Engineer co ceebe anos Sock Sel bo Ble 11. Report of Labour Welfare Officer t ‘The Labour Welfare Officer or other person authorised as aforesaid shall submit a of a ets of his fvettgaton or engi to the Eset, Fogieer contzmod inating extent, ff aan to which the default has been committed, with @ note that from the | edeadr ts tance and the wags and ctber Goss beeld to the boaters nee 12, Appeal agalast the decision of Labour Welfare Officer Any persons a the decision and recommendation of the Labour. Welfare O! che! faton ws tutored tay appeal against such Gestion to the Contal Eabout Slouat but subject to such appeal, the decision of the officer” shall be final tnd binding Op contractor. 13. Inapection of reglsters and cards 5 Whe contractor shal allow inspection of the register and cards to any of his workers His dgent at a convenient timo and placo after due notios is received, or to the Laboure W Officer or any other person authorised by the Pakistan Government on his behalf. 14, Submigeton of return 5 ‘The contractor shall submit periodical returns as may be specified from time to Amendonent 1s Pakistan Goverment may, from tie fo tne, af tor amend thes rf ‘as to the application, interpretation of effect of these “Regulations th of the Central Labour Commissioner to the Government of Palistan or any other ised by the Pakistan Government in that behalf shall be final, 15,'The Waves for labour employed by. contractors in the Pak. P.W.D. on Govt. . works aro ‘sarictioned with effect from Ist July, 1973, as per revised Schedule of Pak. P.W.D.of Clause 19-C. Contractor ‘Shall at his own expense provide or arrange for the. pro> tof footwear forjany labour doing cement mixing work (the contractor has undertaken te under his contract) to the satisfaction of the Engincer-in-Charge, and on his failure 30 Government shall be entitled to provide same and recover the cost from the contractor, Clouse 19-B ~The contractor shall. submit, by the 4th and 19th of every month, to the Engi- fin-Chargea true statement showing in respect of the second half of the preceding month the first half of the current month respectively, (1) thenumber of labourers emploved by him the work 2) their working hours, (3) the wages paid to them and (4) the accidents that occurre Woring the iid fortnight showing the. circumstances under which they hap and the extant ge and injury. caused. by them, failing which the able to pay to femment a sum not exceeding, Rs,” 50 for ally in correct statement. decision of the Executive Engineer shall fi © to the con: jor the amount levied as Clause 19-E.—In respect of all labour directly or indirectly employed on the work for the formance of the contractor's part of this agreement the contractor shall comply with or cause be complied with all rules framed by Gov : time, for the “protection of th é& Sanitary arrangements for workers employed by the Pak. P.W.D. and its contrractor. Clause 20—No. work shall be done on Fridays without the sanction in writing of the incer-in-Charge. Clause 21.—The contract shall not. be asigned or sublet without the written approval the Divisional Officer. And if the contractor shall assign or sublet his contract, or attempt to do, o become insolvent or commence any insolvency proceedings ot make any composi- with'his creditors, or attempt so to do, or if any bribe, gratuity, gift loan, perquisite, reward advantage, pecuniary or otherwise, shall either directly or indirectly be’ given, promised or fred by the contractor, or any of his servants 0; agents to any public officer or person in the oy of Government in any Way relating to his officer or employment, or if any such officer or shall become in any way directly or jd in the contract, the Divisional jer may thereupon by notice in weit 2 contract, and security deposit of the con- f shall thereupon stand. f posal of Gov t, and the ‘consequences shall en ded under claw f, and dition the contr rt paid for any work theretofore Clause 21-A.—The contractor shall give an undertaking that no member of Firm who has ial. interest in his profit and losses isa retirod Gazetted Officer, Sub-Divisional "Officer the pakistan P.W.D. or related to a Gazetted Officer or Sub-Divisional "Officer of that. Depart- tin Pakistan or to’a. Gazetted Officer of the rank of Assistant Secretary or above of the Work sion and that the firm will not allow any such relation of an officer to have financial interest the firm during currency of the contract. In the evont of a breach of this clause of the age or ifthe undertaking if found to be false the contractor shall be liable to immediate cancel. ‘and the security deposit shall thereupon stand forfeited and be absolutely at the disposal the Government. Clause'22.—All_sums payable by way of compensation under any of these conditions shall considered as reasonable compensation to be applied to the use of Government without refe- to the actual loss or damage sustained, and whether nor to any damage shall have been ined. Clause 23.—In the case of a tender by partners any change in the consitution of the firm ll be forthwith notified by the contractor to the Engincer-in-Charge for his information. Clause 24.—All works to be executed under the contract shall be executed under the direc ‘and subject to the approval in all respects of the Superintending Enginoor of the Circle for time being who shall be entitled to direct at what point or points and in what maaner they to be commenced, and from time to time carried: o ractor's Signature. Executive Engineer's Signature. ‘Work not to be subject. forfeited for sud Jetting, beibing, of if contactot becomes insole vent, Sum payable by way of Sompenute Woe do. besonsl- dered as reason able compensa fiom without ne: ference" 10 acl Changes in consttation of firm Works tobe yo dase Sts Eagles,‘Action where Definition of works. Clause 25.—When the estimate on which a tender is made includes lump sums in respect of parts of the work the confrector shell be entited to payment in etpect of the items_of work Tavolved or the part of the work in question at the same rates as are payable under this contract for fitch items , or if the part of the Work in question is not, in the opinion of the Engincer-in- Charge, eapable of measurements, the Engincer-in-Charge may at his discretion pay the hump sum ‘amount entered in the estimate, and the certificate in writing of thi Engineer-in-Charge shall be fal and conclusive tgunst the contractor with regnc to any sum or sums payable to him under — the provisions of this clause, © Clatise 26. the ease of any class of work for which there is no such specification as is ‘mentioned in Rule 1, such work shall be carricd out in accordance with the district specification, here being no district specification then in such case the work shall be carried eat th mapest accordance withthe instructions and requirements ofthe Engineet-in-Charge. ‘Chaise 27.—The expression “works” or “‘work’” where used in these conditions shall, unless ‘there be something either in the subject or context repugnant to such construction, ‘be tad taken to meen the works by or by virtue of the contract contracted to be executed, whether temporary oF permanent, and whether original, altered, substituted or additional. Interpretation clowse— ‘The President means the President of Pakistan and his successors. ‘he Divisional" Ofiser moans the Execute Engineer for the time being of the Division cerned. ‘The Sub-Divisional Officer meons the A.E.E./A.E. for the time being of the Sub-Di concerned. Words’ importing the singular number only incltde, the plural number and vice verso, Contractor's Signature. Executive Figinecr'sfapprovimately) materials to b Department uniter Clause 10 be executed and Rates Particular will be charged to supplicd by the Pekistan Publie Works 10 of the the rates at whic conditions of contract for they are to be charged for at which thy Place of delivery ‘The person or firm submittin Up by the Enginccr-in-Charge on the iss Sigiature of Contractor ig the tender should see that th wue of the form prior to th above the tender, cchedulle are Sub-Divisional of (Signature of Divisional Once —GOVERNMENT OF PAKISTAN PAKISTAN PUBLIC WORKS DEPARTMENT Additional Terms and Conditions 1. Tt must be clearly understood by the contractor that ne claims om account of fluctuation will be entertained during the currency of this contract for items of the works as per schedule of quantities attached to the Agreement, 2. The tendered rates or amounts should be inclusive of all taxes, Income and Sale-taxes, tc., payable to the Central and Provincial Governments or Local Bodies and no claims on this agcount. shall be entertained by the Government, 3. ‘The tendered. rates shall be inclusive of all lead and lift 4, The contractor's rate shall include all incidental charges in connection with the work uch a8 the cost of removing trees, shrubs, grass, etc., which interfere with the execution of the work. $. No, alterations or additions shall be made by the contractor in the schedule of quan- tities, ‘and rates must be filed in ink or typed out both in figures and words clearly and legibly in the columns provided in the schedule of quantities. All corrections must be initialled by the contractors. Any tender which does not comply with this condition will be liable to be sum- marily rejected and not taken into account wien preparing comparative statement. 6._Water_ supply will be allowed by the Department to the contractor from Pakistan Public Works Department or Municipal water mains passing through areas where the work is required to be carried out and he shall pay the cost of water to tho Department at 1/2% of the total cost of work for drinking purposes and 1% of the total cost of work involving use ofwater (.e., for constructionel purposes). The contractor will bear all charge for laying his water line from the mains to the site of his underground tanks which he may require and construct for storage purposes at his own cost.) oR ‘The contractor should make his own arrangement for water required for execution of work and as well as for drinking purposes and nothing will be paid for the same by this Department. 7. Material obtained from excavation will be the property of Pakistan Public Works Department. Serviceable materials are to bestacked in place pointed out by the Enginoer- inCharge. The contractor under takes to have the site clean free from rubbish to. the satisfa tion of Engineer-in-Charge 8 On'completion of the work or catlier as directed by the Engineer-im-Charge, the cone tractor shall remove all temporary. structure (Godown, site offiescte) erected by hit at the Site of work. He shall fill tanks dug out by him at site remove all debris and other matotil Tike surplus sand, stone ballast, rubbish, etc, and in short, shall leave the site in a neat and. dy condition 9. The contractor shall not’ deposit any materials on any site which will inconvenience the public. ‘The Enginoer-in-Charge may require the contractor to romovo any materials which are considered by him to be a source of danger or inconvenience to the publi, or cause them to be removed at the contractor's cost 10. Owing to difficulty in obtaining certain materials In the open market, the Government have undertaken to supply materials specified on page 3 of the Tender Form at rates stated thore- in. ‘There may be delay in obtaining. the materials by the Department and the contractor "is, therefore, required to keep. himself in touch with the day-to-day position, regarding the supply Of materials from the Enginect-in-Charge and to #0,adjunt the progress of the work that fey Iabour may not remain idle. It should be clearly understood that no claim whstsoover shall ‘be Sotentained Uy tbs Government on esupent of the delay, ote. la supply of mnainal