4. Manner and form of contract.

Form F
Form F
[See rule 4(2)]
Housing Board, Haryana
Percentage Rate Tender and Contract For Works
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General Rules and Directions for the Guidance of Contractors
Tender for Works
Memorandum
(a) General description
..
(b) Estimated cost
..
Rs.
(c) Earnest money
..
Rs.
* In figures as well as in words.
(a)
If several sub-works are included they should be detailed in a
separate list.
(b)
This deposit will vary from 1 per cent to 10 per cent of the
estimated cost of the work according to the requirements of the
case.
(c)
This percentage, where no security deposit is taken will vary
from 5 per cent to 10 per cent of the estimated cost of the work
according to the requirements of the case. Where security deposit
is taken, see note to clause 1 of conditions of contract.
(d)
Security deposit (including earnest money),
___.
Rs
(e)
Percentage, if any, to be deduced from bills
Rs.
(Rupees per cent)
___.
(f)
Time allowed for the work from date of written order to
commence
___.
Months
Signature of contractor before submission of tender.
Signature of witness to contractor's signature.
Executive Engineer,
_____________Division.
Signature of the officer by whom accepted.
Conditions of Contract
Clause 1. Security Deposit.
* This will be the same percentage as that in the tender at (c).
Clause 2. Compensation for delay.
Clause 3. Action when whole of security deposit is forfeited.
(a) To rescind the contract (of which rescission notice in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence) and in which case the security deposit of the contractor shall stand forfeited, and be absolutely at the disposal of the Government.
(b) To employ labour paid by the State Housing Board and to supply material to carry out the work, or any part of the work debiting the contractor with the cost of the labour and the price of the materials of (the amount of which cost and price a certificate of the Executive Engineer shall be final and conclusive against the contractor) and crediting him with the value of the work done, in all respects in the same manner and at the same rates as if it had been carried out by the contractor under terms of his contract; the certificate of the Executive Engineer as to the value of the work done shall be final and conclusive against the contractor.
(c) To measure up the work of the contractor and to take such part thereof as shall be unexecuted out of his hands, and to give to another contractor to complete, in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him (for the amount of which excess the certificate in writing of the Executive Engineer shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by Board under the contract or otherwise or from his security deposit or the proceeds of sale thereof or sufficient part thereof.
Clause 4. Contractor remains liable to pay compensation if action not taken under Clause 3.
Power to take possession of or require removal of or sell, contractor's plant
Clause 5. Extension of time.
Clause 6. Contractor to submit a return every month for any works claimed as extra.
Clause 7. Final certificate.
Clause 8. Payment on intermediate certificates to be regarded as advances.
Clause 9. Bills to be submitted monthly.
Clause 10. Bills to be on printed forms.
Clause 11.
Clause 12. Works to be executed in accordance with specifications, drawings, orders, etc.
Clause 13. Removal of employed workman and foreman.
Clause 14. Alterations in specification and designs. Do not invalidate contracts. Extension of time in consequence of alterations. Rates for works and in estimate or schedule of rates of the district.
Clause 15. No compensation for alteration in or restriction of work to be carried out.
Clause 16. Compensation payable in case of bad work.
Clause 17. Works to be open to inspection. Contractor or responsible Agent to be present.
Clause 18. Notice to be given before work is covered up.
Clause 19. Contractor liable for damage done and for imperfections for months after certificate.
Clause 20. Contractor to supply plant, ladder, scaffolding's, etc.
Clause 21. Female labour.
Clause 22.
Clause 23.
Clause 24. Work on Sunday.
Clause 25. Contractor liable for payment of compensation to injured workman or in case death, to his relation.
Clause 26. Work not to be sublet. Contract may be rescinded and security deposit forfeited for subletting, bribing or contractor becomes insolvent.
Clause 27. Sum payable by way of compensation to be considered as responsible compensation without reference to actual loss.
Clause 28. Deductions of amounts due to Government on any account whatsoever to be remissible from sums payable to a contractor.
Clause 29. Changes in constitution of firm.
Clause 30. Works to be under direction of Executive Engineer.
Clause 31. Claim for payment of an extra-ordinary nature to be referred to Board for decision.
Clause 32. Arbitration Clause.
"If the matter is not referred to arbitrator within the specified period, all the rights and claims under the contract shall be deemed to have been forfeited and absolutely time barred."
Clause 33. Fluctuation in Railway freight.
Clause 34. Lump sum in Estimate.
Clause 35. Action where no specification.
Clause 36. Definition of works.
Clause 37.
Clause 38.
* Here insert the official designation of the
officer to the appointed as arbitrator.
Schedules showing approximately material to be
supplied from the Board's Store for works contracted to be
executed and the rates at which they are to be charged for :-
Particulars
Rates at which the material will be charged to the
Contractor
Place of delivery
Unit
Rs P.
Note. - The person or firm submitting the tender should see that the rates in the above schedule are filled up by the Engineer-in-charge on the issue of the form prior to submission of the tender.
Fair Wage Clause
(a) The contractor shall pay not less than fair wage to labourers engaged by him on the work.
(b) The Contractor shall, notwithstanding the provisions of any agreement to the contrary, cause to be paid fair wage to labour indirectly engage on the work including any labour engaged by his sub-contractors in connection with the said work, as if the labourers had been directly employed by him.
(c) In respect of all labour directly or indirectly employed on the work for the performance of the contractor's part of this agreement, the contractor shall comply with or cause to be complied with the Public Works Department, Haryana Contractor's Labour Regulations made by the Government from time to time in regard to payment of wages, wage period, deductions from wages, recovery of wages not paid and deductions unauthorisedly made, maintenance of wage register, wage cards, publication of wages and other terms of employment, inspection and submission of periodical returns and all other matters of a like nature.
(d) The Executive Engineer or the Sub-Divisional Engineer concerned shall have the right to deduct from the money due to the contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfilment of the conditions of the contract for the benefit of the workers, non-payment of wages which are not justified by the terms of contract or for non-observance of the regulations referred to in clause (c) above.
(e) Vis-a-visa Housing Board, Haryana, the contractor shall primarily be liable for all payments to be made under and for the observance of the regulations aforesaid without prejudice to his right to claim indemnity from his sub-contractors.
(f) The regulations aforesaid shall be deemed to be apart of this contract and any breach thereof shall be deemed to be a breach of this contract.
Contractor
Witness
Executive Engineer.