Date: xx-xx-xxxx

Ref: TSMPL/PB/SC/

M/s XX
Address
WORK ORDER

Project : Mine Development and Operations of Pakhri Barwadih Coal Block - PBCMP .
Subject : Work / Service order for -------------------.

Dear Sir

We are pleased to inform you that your company has been appointed to carry out the above works, based
upon the following references / discussions:

Reference:

1. Offer letter No. reference dated XXX.

This work order along with the subsequent addendums and attachments will constitute the Contract.

All the conditions / deviations brought out in the Contractor’s letters referred to above shall stand
withdrawn, except as mentioned modified here to in succeeding paragraphs. The Terms & Contract
Conditions of this document would govern the contract. The terms specifically captured in this work order
if in contrast to the offer terms, the terms mentioned in this work order shall prevail.

Here Owner / Client / Developer refers to M/s TSMPL (Thriveni Sainik Mining Pvt Ltd) and Contractor /
Service Provider refers to M/s xxxxxx.

SCOPE OF WORKS

The scope of works is detailed out hereunder and if elaborate would be added as separate Annexures. This
constitute an item rate contract.

XXX Scope of work be added.

CONTRACT SUM

The agreed total contract amount is Rs. xxxx/- (Rupees --------------- only) inclusive of all material and labour
cost, loading, unloading and all trade union related costs, all taxes, levies, duties, Transport charges, octroi
etc all complete. The Contractor must submit the payment details on remittance of taxes and including
loading and unloading charges if desired so by the Owner. The rates and corresponding figures under
various head is explicitly mentioned in BOQ. However the figure is exclusive of GST and the same would
be regulated as per applicability

 All statutory deductions would be made as applicable while processing the payments

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  All Insurances shall be taken by the Contractor as required.
 This is an Item Rate Measurable Contract. Contractor will be paid for actually executed quantities at
the rates mentioned against respective items in the Bill of Quantities for the measured and
approved quantity. The agreed payment terms is stated below, Payments shall be made to you as
specified in Contract and shall be subject to various statutory deductions. The Owner reserve the
right to de-scope the works due to nonperformance and may decide to supply high ticket items
directly which will be intimated later.
 Increase or decrease in quantities will not be a reason for claiming the revision of rates.

PAYMENT TERMS

1) The agreed payment terms be inserted herein

CONTRACT SCHEDULE

The entire package is to be complete and hand over within XX calendar months from the start date (i.e
from the date of order).

DEFECTS LIABILITY PERIOD –– if applicable or not to be mentioned

The defects liability period for this contract shall be 12 (Twelve) months. The contractor will be responsible
for any rectification or replacement of damages due to defective material and/or workmanship during
above mentioned defects liability period. However the manufacturer’s guarantee of applicable items
beyond the DLP shall also be transferred to the Owner. If the contractor is not responding to requests of
rectification during DLP the same will be done by the owner directly and the cost will be taken from
Retention money.

LIQUIDATED DAMAGES – if applicable or not to be mentioned

Completion of the Project Delay in completion of the entire project will attract Liquidated Damages at 0.5%
of the contract value per week subject to a maximum of 5% of the contract Value. The same is more clearly
spelled out in consolidated fiscal aspects.

The contractor is deemed to have considered an adequate precaution against delays due to any inclement
weather and the above agreed dates are independent of weather condition. A detailed schedule along with
method statements, material approvals and site logistic plan to be submitted for the approval of the
Project representative (the person will be notified by the Owner) prior to commencement of any work at
site.

GENERAL TERMS AND CONDITIONS

The following terms are deemed to have been read, understood and accepted by the contractor, and shall
form a part of the contract document:

1. The contract documents shall be treated as mutually explanatory of each other and the order of
precedence is as follows:

a. Contract agreement (if any)

b. This Work Order
c. LOI (if issued/applicable)

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2. The contractor should comply with all statutory requirements and would be responsible for
attaining the necessary statutory approvals for commencement of works related with the
contractor. The contractor shall keep indemnified the Owner and Project manager / Representative
against any liability in respect of any fees or charges legally demandable under the Statutory
Requirements in respect of works.

3. The project site will be handed over to the Contractor and the he has to make his own
arrangements for movement of construction vehicles and other logistics. The Contractor will have
to make his own arrangements for stock/storage of all materials in a safe and tidy manner. Only
space for stacking the materials will be provided by the client.

4. The agency shall submit complete set of shop drawings for approval in line with site conditions and
go ahead with production / work only consequent to approval from owner.

5. The Contractor will submit a daily productivity schedule to Project representative for approval. This
shall be reviewed and agreed upon as the final productivity schedule. Works planned for the day
and night shift to be submitted in advance to Project representative.

6. Accommodation, Food and other facility provisions (as per applicability) may be spelled out here
based on applicability.

7. The Owner reserves the right to reject any equipment, or any material brought to site for work
which deemed unfit for usage. The materials supplied shall be of approved makes.

8. Detailed work plan micro level program shall be submitted by the Contractor within 15 days of this
order, for monitoring purpose.

9. The Contractor shall deploy the Project Team as per the project requirement. If any person
deployed on site if found unfit or incompetent, owner reserves the right to demand the removal of
the person from the site and the contractor shall abide by such instruction.

10. The contractor shall provide and maintain at all times, until the works are completed, all required
testing equipment and staff for testing of Materials as specified in the tender at the site or
approved laboratory as suggested by the Owner. Arrangements for periodical third party testing as
if demanded by the owner shall be done by the contractor.

11. All measurements shall be as per IS Standards unless otherwise specified in the contract.

12. The contractor shall abide by all safety and security of his personnel and equipments and clinet
shall be deemed indemnified of any eventualities in this regard.

13. Tests as per applicability will be conducted on site in the presence of the representatives of Client /
and shall be conducted by qualified and experienced personnel with assistance from the
manufacturer / approved testing agency where required. All testing instruments shall have valid
calibration certificates as per applicability.

14. Qualified safety and quality personnel should be available on site at all working hours.

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15. The Contractor would inform the Client to get prior approval in writing in case the cost stipulated in
this work order exceeds the amount specified.

16. On a day to day basis and also on completion of work the necessary cleaning should be carried out,
failing which the Owner will carry out the same through other agency and charges incurred for the
same will be deducted from your bill.

17. Security for all manpower and materials on the site will be in the scope of contractor and the
contractor to organize round the clock security for the same.

18. The Contractor will be responsible for setting out of works as per the drawings issued. The
contractor will proceed with work only after approval / sign off from respective consultants /
Project Manager. All instruments used to be calibrated and calibration certificate be available on
request. All as built drawings should be submitted by the contractor on completion of work.

19. Contractor to maintain a safe and accessible site at all times.

20. The contract value agreed upon is deemed inclusive of all expenditures involved in obtaining
statutory approvals from concerned departments wherever applicable. Only statutory fees
mentioned above constitute an exception.

21. All preliminary works which are to be taken up at site is deemed to include in the contract value
and shall not be charged extra.

22. Contractor to install and maintain for safety lighting at all around site, working area, staircase,
machinery/equipment area etc., for the entire tenure of this Contract. Cost for installation,
maintenance shall be of contractor’s scope. During night work the site shall be well illuminated.
The work area shall be made well lit to the satisfaction of the Owner.

23. The Contractor shall strictly follow the Safety Policy while undertaking the works. Child labour and
children are not permitted within site. Contractor is responsible for all labour union related issues
and should ensure that such eventualities do not affect the schedule of works.

24. The materials used for the job shall be of approved make with prior approval from the Owner. The
materials / equipments shall be as per the approved brands as stipulated in the technical
specification. Approval from the Owner and Site Representative needs to be taken before procuring
the same.

25. All safety standards as mentioned in the tender shall strictly be adhered to. Noncompliance of
safety standards will attract nonrefundable compensation amount @ Rs. 1000 /NCR/DAY.

26. Extending the timelines for the project / contract is the prerogative of the Owner and can be done
with the explicit written approval of the owner.

27. Contractor shall not be entitled for any idling charges for any reasons whatsoever. However, if work
is suspended for a period more than 90 days the contractor will have the right to demobilize his
resources after getting the written accord of the owner / Project manager on guarantee of
remobilization if situation warrants.

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 28. Contractor shall provide any forms and comply with all formalities that may be required by the
central / state govt. For procurement of material & shall be liable to file all such returns with the
govt. Department as may be necessary & get them assessed at their own cost.

29. The Owner reserves the right to add / reduce any scope awarded to the contractor. During the
tenure of the contract if the Owner chooses to supply equipment’s / materials included in
contractor’s scope, the contractor shall do the subsequent erection of the said equipments
materials at a rate derived from BOQ.

INSURANCE

Policy to cover the Contractor’s liability under the Workmen’s Compensation Act, Minimum Wages Act,
Contract Labour (Regulation and Abolition) Act and other relevant Acts shall be taken by the contractor.
The insurance validity should be extended till the works are completed and handed over.

INDEMNITY

a) The Contractor shall indemnify and keep indemnified and save harmless the Owner from and
against all actions, suits, proceedings, losses costs, damages, charges, claims and demands of
every nature in the execution of the works or in violation of any terms of this contract.

b) The Owner shall have the power to deduct from the money due to the Contractor any sum
notified under the provisions of the relevant Act caused due to any violations of any terms and
conditions of this contract.

c) The Contractor shall indemnify the Owner against all or any payments to be made under and for
the observance of any Act, rules & Regulations aforesaid without prejudice to their right to claim
indemnity from their Sub- Contractor.

ENGAGEMENT OF LABOUR

a) The Contractor shall make their own arrangement of Labour, local or otherwise, and for their
transport, housing and payments. All labour engaged by the Contractor shall be and remain the
employees of the Contractor and no claim shall will be admitted against Owner, them or the
Contractor and any person claiming on their behalf against Owner, in respect of any right or benefit
due to them in their employment. The Contractor shall indemnify Owner, in case of any claim is
made on Owner in this regards.

b) The Contractor shall pay the labour employed by them directly or through Sub- Contractor, wages
not less than the minimum wages notified under the Minimum Wages Act. If the nature of job
being assigned is binded by any statute for a higher payment than the state / central minimum
wages the same is deemed applicable.

c) The Contractor shall in respect of all labours employed by them either directly or through Sub-
Contractor comply with or cause to be complied with the provisions of the Mines Act 1952,
Payment of Wages Act, 1936, Minimum Wages Act 1948, Employer’s Liability Act 1938, Workmen’s
Compensation Act 1923, Maternity Benefit Act 1961, Contract labour (Regulations and Abolitions)
Act 1970, Employee’s Provident Fund Act, Employees State Insurance and any other Act, CMR
2017, Rules or Regulations for the labour as may be enacted by the Government or any

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 modification thereof or any other law relating thereto and rules made there under from time to
time. The Contractor shall maintain all the records of such compliance at site and provide them for
independent inspection/ audit.
d) The Owner shall on a report from the competent authority have the power to deduct from the
money due to the Contractor any sum notified under the provisions of the relevant Act.

The Contractor shall ensure compliance with the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Services) Act 1979 and Rules framed there under.

ESI & PF OBLIGATIONS

The Contractor shall indemnify the Owner from all ESI & PF obligations that they have to meet for their
workers / employees.

ASSIGNMENT AND SUB-CONTRACTING

1. No part of Contractor’s rights and obligations under this Work Order shall be assigned, transferred
or encumbered, directly or indirectly without the written approval of Owner.

2. Sub-contracting by the contractor consequent to approval or consent by Owner in relation to it

shall not relieve the contractor of any liability or obligation under this Work Order. Contractor
accepts full responsibility and liability for the performance of any part of the Works performed by
each and every other sub-Contractors. Contractor shall not be entitled to any Additional Fees in
respect of the appointment of any Sub-Contractor.

BILLING DETAILS

All bills shall be raised in original in favor of,

Kind Attn: VP (Finance & Accounts),

Thriveni Sainik Mining Pvt Ltd ,
Barkhagaon, Langatu -825311

TERMINATION

Owner reserves the righ to terminate this contract at their convenience with a notice period of 15 days.
However the termination if necessitated due to underperformance the notice period is not requirement
and both parties shall settle the account for the work already accepted by the owner. However if
termination is consequent to any lethargic act on behalf of the contractor, the owner reserves the right to
claim the consequential losses.

ARBITRATION

The arbitration shall be conducted by a sole arbitrator who shall be appointed on a mutually agreeable
basis by both Parties (Client and the Contractor) within 15 (fifteen) days of giving written notice in case a
mutual agreement on appointing such an arbitrator cannot be reached, both the Developer and the
Contractor shall appoint an Arbitrator of their Choice and the two appointed Arbitrators shall further
appoint a third arbitrator, who shall act as presiding Arbitrator. The proceedings of the arbitration shall
follow the Indian Arbitration and Conciliation Act 1996 or any latest amendments, if any, then in force.

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The venue of the arbitration shall be at Ranchi, Jharkhand - India only and all proceedings shall be subject
to the Jurisdiction of the appropriate courts at Ranchi.

FORCE MAJEURE

For any reason whatsoever, which is beyond the reasonable control of both parties such as serious law and
order issues, natural calamities, Pandemic, epidemic, lock out, quarantine, embargo, riots, war (whether
declared or not), radiation issues etc and / or work is prohibited by way of any notice / circular / order
enacted by statutory bodies is preventing the project to continue (even temporarily), M/s. TSMPL is not
required to make the payment for such period of stoppage and at its discretion can decide to foreclose the
contract. Both parties to contract reciprocally will not be held responsible for any concurrent and / or
consequential losses in this regard.

In the event of death of any of your personnel arising out of any cause occurring at the site, the Owner shall
in no way be responsible and that M/s XXX contractor shall keep indemnified M/s TSMPL. (Client / Owner)
against any claim arising out of such demise from relatives of the concerned personnel.

All other correspondences discussions etc happened at any stage at any stage of negotiation prior to award
remain cancelled & void, and necessary issues have been summarized and agreed vide this letter. This letter
takes priority in the event of any discrepancies.

We are looking forward to working with you on this Project.

Yours faithfully

For Thriveni Sainik Mining Pvt Ltd

Authorized Signatory

Encl.:- a) BOQ
b) Tech spec

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Acceptance

I / We agree to the above terms and conditions and enclosures and accept the order.

Further, we declare that our organization, neither directly nor indirectly has made / received or will make /
receive any payment as commission or gratis in any form for any supply made or for rendering services to
the project. I am aware that such acts would result in termination of work order. If at any time during or
after completion of the project it is found that such payment of commission or gratis took place, the cash
value of the commission or gratis shall be reduced from payments due to us against the invoices under the
LOI / PO / WO issued for the project or an equivalent amount will be paid by us to you.

Agreed & accepted by XXXXXX

Signature:

Name:

Designation:

Date:

PAN:

GST:

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