You are on page 1of 57

POWERPLUS TRADERS PRIVATE LIMITED

(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

Ref No. PTPL/NIT/INCLINE_2/22-23 Date: 12/11/2022

Jaganathpur B Coal Mine


Powerplus Traders Pvt. Ltd
39, Shakespeare Sarani, Premlata Building, 6th Floor, Kolkata -700017
West Bengal, India

NOTICE INVITING TENDER


FOR

Shotcreting, Grouting, Soil Grouting, Reinforcement, Forepoling,


Fabrication and Erection of Lattice Girders, Waterproofing during Incline
Drivage

AT JAGANATHPUR B COAL MINE

TENDER CLOSING DATE (For Techno Commercial Bid): 19.11.2022 (5 pm)

TENDER OPENING DATE (FOR Techno Commercial Bid): 21.11.2022

Oct 2022

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
1
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

NIT Salient Bidding Information

Tender Ref.
Shotcreting, Grouting, Soil Grouting, Reinforcement, Forepoling,
Description of Work
Fabrication and Erection of Lattice Girders, Waterproofing
Tender Float date/Email dt. 12.11.2022
Tender due date 19.11.2022
Tender opening date 21.11.2022
Official Email ID tender.ptpl@rashmigroup.com
Powerplus Traders Pvt Ltd.
Constantia Building, 4th Floor
Address for Correspondence
Rashmi Group, 11, Dr U N Brahmachari St.,
Kolkata 700017 (Near La Martinere for Boys’ School)
Tendering Authority C.E.O., Powerplus Traders Pvt. Ltd.

1. Introduction
Jaganathpur-B Coal Mine is being planned as a Greenfield high-capacity mechanized coal mine capable
of producing coal at 2 million tonne p.a. It is located within the Raniganj Coal Basin; district Paschim
Bardhaman, West Bengal. Durgapur City Township and also Railway station is close to the area at 20 km,
connected through metalled road. NH-2 (currently National Highway 19) lies 20 km to its South.

2. Topography
The topography is gentle undulating with elevations ranging from less than 56 m Above Mean Sea Level
(AMSL) in the South and East and 66 m to the North West. High Flood Level (HFL) varies from 60.89 m
AMSL to the North and 62.575 m to the South, as surveyed in 2020.

3. Key Terms / Definitions


a) “Company or “PTPL” Means Powerplus Traders Pvt. Ltd, which shall employ the Contractor. The
Company shall be represented by duly authorized representative(s) such as Engineer in charge or any
other persons notified by the company in writing in this behalf, prior to and during the course of
implementation of the Contract.
b) “Statutory Personnel” Means any person or official possessing required qualification and experience
as per DGMS stipulations to carryout statutory inspections under CMR, 2017, Mines Rules, 1966 and
Mines Act, 1952.
c) “Warranty Period” Encompasses the full duration of the construction period and the defects liability
period and covers guarantee against defective workmanship, material specifications, quality and
failure of any kind.
d) “Defects Liability Period” (DLP) means a period of 15(fifteen) calendar month from the date of issue of
final completion certificate (FCC).

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
2
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

e) “Defects Liability Certificate” means the taking over certificate with a list of defects.
f) “Final Completion Certificate” means certificate issued by “PTPL” after all the rectifications are carried
out / deficiencies are removed by the contractor to the satisfaction of “PTPL”.
g) “Parties” means the Contractor and the Company, who are Parties to the Contract.
h) “Similar Works” means the Underground Drivage of Tunnel/Drift/Incline or underground excavation in
Stone/Soil/Coal/ any other mineral/formation”, preferably high speed mechanized drivage using road
header(s).
i) “Third Party” Shall mean any person(s) who is / are not party to the Agreement, including but not
limited to Person, Association of Persons, Partnership Firm, Limited Liability Partnership Firm,
Company, Assignees, Agent and / or Sub Contractor of the original contractor, Government both
Central and State and its agencies including statutory authority.
j) “Accepting Authority’’ – means the management of the PTPL (Powerplus Traders Pvt. Ltd) and
includes an authorized representative of the Company or any other person or body of persons
empowered in this behalf by the Company.
k) “Constructional Plant” – means all appliances, tools, plants, machinery of things of whatsoever
nature required in or about the execution, completion or maintenance of the works or temporary
works (as hereinafter defined) but does not include materials or other things intended to form or
forming part of the permanent work.
l) “Contract’’ – The "Contract" shall mean the notice inviting tender, the tender as accepted by the
Company, the work order issued to the contractor, together with the documents referred to therein
including general terms and conditions, special conditions, if any, scope of work, frozen terms &
conditions/technical parameters/scope of work and revised offer, if any, specifications, drawings,
including those to be submitted during progress of work, schedule of quantities with rates and
amounts.
m) “Contractor / Contractors’’ – means the Contractor / Tenderers who has / have deposited the
necessary Earnest Money and has / have been given written intimation about the acceptance of Tender
through the work order and shall include authorised representative of such individual or persons
composing a Contractor or a Company or the successors and permitted assignees of such individual,
Contractor or Company, as the case may be. The Contractor or his representative is treated throughout
the Contract Document as if he was a single person. The existing laws in the Area where the contract
work is undertaken will be applicable to the Contractor.
n) “Contract Amount’’ – means the total sum arrived at based on the individual rates quoted by the
Contractor for the various items shown in the “Schedule of Quantities’’ of the Tender Document as
accepted by the Company with or without any alteration as the case may be.
o) “Day” – means a day of 24 hours from midnight (24.00 hours) of the particular day to midnight (24.00
hours) of the next day.
p) “Drawings” – means the drawings referred to in the specifications and any modifications of
such drawings approved in writing by the PTPL’s authorized representative, Jaganathpur-B Coal Mine,

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
3
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

and such other drawings as may from time to time be furnished or approved in writing by the
authorized person of PTPL , Jaganathpur-B Coal Mine.
q) “Material” – means the materials to be provided by the Contractor and materials to be provided by
the Company in accordance with the Contract.
r) “Owner” – means The Powerplus Traders Private Limited (PTPL).
s) “Paying Authority”- means a person appointed and authorised by the PTPL from time to time
as paying Authority for the work under the Contract with the Contractor.
t) “Representative / Engineer In-charge” – means any official who assists to the CEO, of the PTPL,
Jaganathpur B Coal Mines appointed from time to time as his representative for the Contract with
the Contractor being intimated in writing of the same by the PTPL. This official shall be entitled to
perform any of the powers and authorities of PTPL vested in him by the latter.
u) “Site” – means the lands and other places on, under, in or through which the works are to be
executed or carried out and any other lands or places provided by the Company for working space or
any other purpose of the Contract together with such other places as may be specifically designated
in the Contract as forming part of the site.
v) “Sub-Contract” or “sub-contractor”- means the person or persons to whom any part of the
Contract has been sublet with the consent in writing of the P T P L , and includes their
authorized representatives, successors and permitted assignees. Sub-contractor includes only those
having a direct contract with the Contractor and it includes one who furnished materials worked to
a special design, according to plans on specifications of work, but does not include one who merely
furnishes materials not so worked. The existing laws in the Area where the Contract work is
undertaken will be applicable to the Sub-contractor.
w) “Temporary Works” – means all temporary works of every kind required in or about the execution,
completion or maintenance of the works.
x) “Time Limits” – means the time schedule which has been provided in clause 12 herein under and/or
any further extended time as may be approved by the company in writing upon written request of the
contractor. The time limits provided herein under is the essence of the contract.
y) “Work” - means the works required to be executed in accordance with the Contract / Work Order or
parts thereof as the case may be and shall include all extra or additional, altered or substituted works or
any work of emergent nature, which, in the opinion of the PTPL or their authorized representative,
Jaganathpur B Coal Mine, has become necessary during the progress of the works to obviate any risk or
accident or failure or become necessary for security. “Work” of the Contractor of Sub-contractor
includes labour or material or both.
z) “Written Notice” – means a notice or communication in writing and shall be deemed to have been duly
served if delivered in person to the individual or to a member of the Contractor’s Contractor or to an
officer of the Company or Corporation for whom it is intended, or if delivered to or sent by registered
mail / Courier service to the last business address known to him who gives the notice. For registered
mail, the date of registration of the notice will be taken to be deemed date for all purposes of this
Contract.

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
4
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

aa) “Zero Date” – means the date of commencement of the Contract.


bb) “Singular & Plural”- Words importing the singular only also include the plural and vice- versa where
the Context requires, e.g. the Contractor and the PTPL, Jaganathpur B Coal Mine or his authorised
representatives as mentioned as such in the Agreement are treated throughout the Contract
documents as if each were of the singular member.

4. Scope of work of the contract:


As per BOQ Attached as Annexure: 1 and approved designs provided by the Company. The Contractor
shall have to execute an NDA as per attached format (ref. Annexure 4)

Note:
1. The quantities and design provided in this NIT are tentative and for the purpose of Bidding only.
The contractor shall execute the work as per the final quantities and design provided by the
company (PTPL) after finalization of design.
2. As per the scope matrix attached as Annexure 2

5. Adherence to Rules and Regulations: -


a) The contractor shall adhere to the standing orders / SOPs of the PTPL as may be laid down by
Engineer-in-Charge, as well as necessary rules, regulations and by laws as per DGMS and other
statutory authorities, applicable to coal mines. In the event the contractor is found to be in breach of
any standing orders / SOPs of PTPL as may be laid down by the Engineer-in Charge and/or other rules,
regulations and by laws as per DGMS and other statutory authorities, the Company shall be entitled to
terminate the contract of the contractor and notwithstanding the same, the company shall be entitled
to recover all such loss and damages which may have accrued to the company such breach of
standing orders, rules , regulation and by-laws.
b) The contractors shall be responsible for all jobs associated with the said services.
c) Any work, which is not within scope, may be undertaken by the contractor on written request of
“PTPL”. Compensation for such new works will be decided by mutual agreement before execution of
such work.
d) The provision of all labour, material, constructional plant and machinery, supports and everything,
whether of temporary or permanent nature, required for the construction, completion and
maintenance of the various works as mentioned in the scope of supply matrix.

6. Essence of the Contract, Time Schedule and Completion Period Including Mobilization Period:-
Time is the essence of the contract and as such all works shall be completed within the time stipulated
in the contract / work order. The work shall, throughout the stipulated period of contract, be carried
out with all due diligence on the part of the contractor. The Contractor shall follow the following time
schedule.
a) The following broad time line is to be followed:

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
5
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

i) Strata Stabilization
Start …………………………. January 2023
Completion ………………….. Within 3 months
ii) Shot Creting, Concreting & Other Tunnel Drivage Related Work
Start ……………………………. From the commencement of incline drivage (tentatively from
May 2023)
Completion …………………. Within 6 months (depending on the progress of the incline)

Note: The Contractor engaged for execution of the BOQ would be required to work in close
conjunction with the Contractor engaged by the Company for Box Cut and Incline Drivage with
Road Header or other feasible methods.

iii) Extension of Time Line


The company shall be entitled to consider the scope of extension of time upon a written request
made by the contractor to that effect prior to the expiry of the time frame mentioned above in
respect of the specific work and in the event, the company on the written request of the
contractor feels that the time for a particular work as mentioned above may be extended the
same shall be intimated to the contractor in writing subject to such penalty as the company may
deem fit and necessary. Be it noted, that the company shall also be entitled to waive the said
penalty in appropriate cases and waiver of penalty shall be made applicable in case the company
inform the same in writing to the contractor and in no other cases.
iv) Detailed Time Schedule
Immediately after the contract is concluded i.e. LOA/Work Order is issued, the Engineer-in-Charge
and the contractor shall agree upon a detailed time and progress chart prepared based on BAR
CHART/ PERT CPM on the basis of the BOQ and construction schedule submitted by the
contractor before issue of LOA/Work Order, showing the order in which the work is proposed to
be carried out within the time specified in the LOA /work order. Date of commencement may be
decided with mutual consent between the Contractor and PTPL.

7. Equipment Approvals
The equipment and machinery used for each operation should confirm to stipulations as per DGMS
requirements, as per relevant conditions mentioned in the current Coal Mines Regulation and other
applicable statutes as updated and amended and in force at the time of work. Copy of DGMS
approval(s) of plant and machinery proposed to be used are to be submitted along with the offer. The
contractor shall also assist the company to obtain necessary approvals / exemptions required for
execution of the works, from DGMS / other statutory authorities. In addition, thereto, the contractor
shall be solely responsible for periodic maintenance of all the equipment in the field irrespective of the
same being provided by the company or the contractor and the contractor shall be solely responsible

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
6
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

for all the necessary repairing work of the equipment’s required for any break down or damages to
the equipment’s. In addition, thereto, the Contractor shall be solely responsible and become liable for
any damages that may be caused in the site due to wrong handling of the equipment or otherwise.

8. Mal-operation of the Equipment


The Contractor shall endeavour to use all equipment as per their SOPs and good operating procedure.
In the event of damage caused to equipment provided by the Company due to mal-operation / abuse
during operation by the Contractor, the company shall be entitled to recover cost of associated
repairs. The Company may also decide not to extend the time limit for achieving targeted advance.

9. Handover
After removal of equipment, contractor shall handover the site to PTPL.

10. Local Conditions


All the information given above is subject to prevailing local conditions and confirmation /
modification by PTPL. The method of excavation and supporting design need to be executed in
consultation with and as advised by Engineer-in-charge, PTPL based on the Site conditions

11. Force Majeure


In the event of
a) Natural phenomena like unprecedented flood and draught, earthquakes & epidemics (apart from
ongoing Covid 19 pandemic),
b) Political upheaval, civil commotion, strikes, lockouts, acts of any Govt. (domestic/foreign) including but
not limited to war, proprieties, and quarantine embargoes,
c) Serious loss or damage by fire and abnormally bad weather, and if the successful contractor wishes to
resort to this clause, intimation will be given to PTPL by a registered letter duly certified by the local
chamber of commerce or statutory authorities, mentioning the beginning and end of the cause of
delay. This will be done within fifteen days of the occurrence and cessation of such Force Majeure
condition. In the event of delay due to Force Majeure for more than one month the contract may be
terminated at the discretion of the company. Termination under such circumstances will be without
any liability on either side.
d) For delays arising out of Force Majeure, the contractor will not claim extension in completion date for
a period exceeding the period of delay attributable to the clauses of Force Majeure and neither
company nor contractor shall be liable to pay extra cost (like increase in rates, remobilization advance,
idle charges for labour and materials etc.) provided it is mutually established that Force majeure
conditions did actually exists.

12. Responsibilities of the Contractor


a) The work done shall be subject to the Indian Coal Mines Regulations 2017 and other relevant statutes,

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
7
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

as updated and amended and in force at the time of work and the Contractor is responsible for
ensuring compliance with the same.
b) Maintain tranquil working atmosphere and harmonious relationships with all Parties concerned in and
around the site.
c) To execute the approved design, to the satisfaction of the Company. Amendments if required must be
decided mutually with PTPL
d) Submission of relevant SOPs and COPs within 15 days from the date of acceptance of the order.
e) Provide adequate number of suitable skilled personnel for completion of the contractual works as per
approved design and work documentation, within specified time schedule.
f) Take necessary permissions / approvals / registrations as may be required by statute to be taken by
the Contractor for incline drivage operations. Company shall provide non-pecuniary assistance,
wherever possible.
g) Ensure that only DGMS approved equipment, machinery & other installations are deployed.
h) The Contractor shall comply with all applicable Rules, Regulations, Acts and permissions etc. issued
from time to time for carrying out the subject work such as: ICMR, Mines Rules, Mines Act, Indian
Electricity Rules, DGMS Circulars and conditions of permission, Minimum Wages Act, Workmen
Compensation Act, CMPF/EPF Act, Insurance Act, Explosives Act, Environmental Acts and Regulations
and obtain all statutory licenses for the safety and welfare of the employees engaged by him to carry
out the subject works.
i) Ensure that all equipment whether supplied by the Contractor or the Company are operated and
maintained as per approved SOP
j) Ensure that the surrounding of Incline’s opening are fenced with steel fencing and with barbed wire on
top as per scheme approved by the Company.
k) The contractor shall arrange for all material, plant and machinery, spares and consumables etc. required
for Incline drivage as mentioned above and maintain adequate level of quality of installation,
maintenance and operation.
l) All manpower required would be to the account of the contractor.
m) All manpower provided by the contractor should be vocationally trained and subject to Initial Medical
Examination / Periodical Medical Examination.
n) The Contractor shall be responsible for any untoward incident happened to its manpower during the
execution of the work and the company shall be no way responsible for any such incident including the
death of any workmen.
o) The Contractor shall ensure that his workmen are suitably skilled or semi-skilled, as may be required for
achieving the target progress and finally complete the job safely.
p) The Contractor shall be responsible for carrying out scheduled and preventive maintenance of all plant
and machinery involved in the scope of work.
q) All spares and consumable required shall be provided / arranged by the contractor.
r) Ensure accuracy of construction as laid down in the work Order.

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
8
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

s) Ensure quality of construction as indicated in the work order.


t) Preparation and implementation of Safety Code. It should cover the following areas/SOPS but not be
limited to them:
i. Working at height and depth.
ii. Excavation and Trenching
iii. Demolition
iv. Roadways
v. Electric cable or apparatus
vi. Fire and explosion
vii. Flooding
viii. PPE
ix. Confined Space
x. Employment of men and women with respect to age and nature of work
xi. Painting, concrete grouting, etc.
xii. Dust
xiii. Washing facilities for workers.
xiv. Drowning
xv. Hoisting Machines and Tackles
xvi. Other relevant provisions relevant to the nature of work to be done by the contractor

u) These safety provisions should be brought to the notice of all concerned by display on a notice board
at a prominent place at work spot. The person responsible for compliance of the safety code shall be
named therein by the contractor.
v) The Contractor shall further make necessary arrangements for handling of makeup water from the face
up to the nearest sump on his own.
w) In case unusually bad strata is met within the inclines, requiring the usage of special methods of
additional/special support, the Contractor shall seek the opinion of the Company and abide by the
Company’s decision regarding the usage of the same in such strata as per the order terms.
x) The Company may, on its own, instructs the Contractor to use or not to use additional/special support for
any part of the inclines/ inset, if it is felt necessary to do so and the Contractor shall comply with the
same.
y) Take exclusive responsibility and ownership (financial and / or otherwise) of any incidents impacting the
safety of human life and / or plant and machinery / assets created or being created in the course of
executing the work.
z) Contractors shall take appropriate insurance policies during the full contract period at his own cost and
ensure that the insurance policy/ policies is/are kept alive till full expiry of the contract.
aa) The Company shall arrange the necessary insurance for mine infrastructure development (property
belonging to PTPL only). All assets of Contractor will be covered by the Contractor including Third Party.
The contractor shall take full responsibility to take all precautions to prevent loss or damage to the

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
9
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

works or part thereof for any reasons whatsoever (except for reasons which are beyond control of the
contractor or act of God, e.g. flood, riots, war, earthquake, etc.) and shall at his own cost repair and
make good the loss/damage to the work so that on completion, the work shall be in good order and
condition and in conformity with the requirements of the contract and instructions of PTPL.
bb) All geological information like lithological characteristics will be recorded at a specified interval during
construction of Inclines.
cc) Major geological features like faults (major & minor), joints, weathering, water seepage etc. encountered
during construction of the inclines are to be recorded properly and marked on a proper Plan.
dd) Contractor is to maintain cordial relationship with local people, local administration, DGMS and other
statutory officials
ee) To provide suitable medical assistance and accident benefits to its workers during the pendency of the
Contract.
ff) Maintain all records statutory and otherwise necessary for efficient and transparent execution of the
Contract
gg) Submission of timely reports as stipulated by the Company relating to the progress of work,
productivity, safety, IR, etc.
hh) Contractor shall use the existing roads to the work site and dump yard. Approach through any other
road and maintenance of roads, if required, shall be the responsibility of the Contractor.
ii) Contractor shall ensure immediate reporting to the Company of incidents of theft, accident, labour
unrest or local unrest or any other incident at the work site or which impacts the execution of the
Contract
jj) Periodic Survey of the work done shall be in the scope of contractor.
kk) On completion of the work all rubbish, debris, brick bats etc. shall be removed by the Contractor at own
expense and the site cleaned to the satisfaction of the Company, and handed over to the Company. The
Contractor shall thereupon intimate the Company officially of having completed the work as per
Contract.
ll) “As built” drawings and/or Operating and Maintenance Manual, as may be required by the company
shall be provided by the contractor.

13. Facilities to be provided by the Company


The Company shall provide the following facilities to the Contractor:
a) Source of electricity will be provided by the company. Power supply will be made at surface by the
company of 11KV and down the mine at 6.6 kV, 1.1 kV and 550 V up to the circuit breaker. Electricity
consumed for execution of the BOQ will be free of charge. Electricity consumed for the upkeep of the
site including offices of the contractor will be chargeable. In case of power failure/disruption of supply
alternate source of power will be provided from stand by DG set provided by the company.
b) Electrical power from VCB to the drilling and other equipment will be the responsibility of the
Contractor. .
c) Industrial water and potable water, free of charge, at one convenient point, if feasible.

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
10
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

d) Space for Godowns /stores, free of charge.


e) Land for temporary accommodation will be provided for workers near the Incline site, free of charge.
f) Cap lamps and flame safety lamps for Contractor’s workers and supervisory personnel, shift wise. The
number of cap lamps and flame safety lamps to be provided to the Contractor shall be determined by
the Company. The Contractor shall maintain and ensure that the cap lamps are duly returned, in proper
condition, to the camp lamp room at the end of each shift. For any damage to, or loss of any cap lamp
by the Contractor’s men, the Contractor is liable to be charged, by the Company, at rates to be fixed by
the Company.
g) Statutory supervising Personnel will be provided by PTPL.
h) Other statutory clearances required to be provided by the Company.
i) Tools other than those normally required to be provided by Contractor for the nature of job to be
carried out.
j) Lighting Arrangement in premises.
k) Communication arrangement.
l) Site formation, temporary roads for access to working site, boundary wall and site security personnel.

14. Materials, Plant & Machinery to be provided by the Company & Contractor:
As per Scope of Supply Matrix is attached as Annexure -2. In case the Company expresses inability to
supply of any items within its scope, the Contractor shall make own arrangements for the same. The
non-supply of any store items by the Company shall not be accepted as a reason for delay in work.

15. Quality
a) The Contractor shall carry out and complete the works in every respect in accordance with the
Contract and assure the quality of all works as per the norms/guidelines laid down therein and any
follow-up design drawings, instructions/directions provided by the Company.
b) The Contractor shall be responsible for correct and complete execution of the work in a workman-
like manner with specified materials, which shall be in conformity with the specifications/schedule
of work as per the Contract.
c) All items to be purchased from the market by the Contractor shall be procured from such
manufacturers who hold valid licenses conforming to relevant BIS standards for manufacturing such
items, whenever such standards exist, and from reputed manufacturers in other cases.
d) The Contractor shall immediately after the award of work draw up a schedule giving dates for
submission of samples for testing for the approval of the Company. The Contractor shall not bring
materials to the site unless the respective samples are approved.
e) Samples for testing are to be supplied by the Contractor at his own cost including the cost of testing.
Even if any test is ordered by the Company to be carried out by any independent person or agency at
any place other than the site, the cost of materials and testing charge, etc. shall be borne by the
Contractor. If the test shows that the materials are not in accordance with the specifications, the said
materials shall not be used in the work and removed forthwith from the site by the Contractor at his

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
11
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

own cost.
f) The Company shall be entitled to have any further tests carried out, at the Contractor’s cost, for any
materials, other than those for which satisfactory proof has already been furnished by the Contractor.
However, if the tests show the workmanship or materials to be in accordance with the provision of the
Contract, the cost of such tests shall be borne by the Company.

16. Accuracy of Construction: -


The works shall be carried out in accordance with the detailed drawings provided by the Company.

17. Sub Letting / Sub Contracting of Work / Assigning of Work Order:-


The Contractor will not be allowed to sublet the contract or engaged a sub-contractor under any
condition without the prior and express permission of the Company in writing. Contractor cannot also
subcontract full work to third party. In cases where the company has permitted subletting of work or
engaging the sub-contractor, the Contractor shall however be responsible for all acts, deeds, actions
and / or omissions by the Sub-Contractor. In the event of the Company suffering any loss and / or
damages by reason of acts / deeds / actions and / or omissions by the Sub-Contractor, the Contractor
shall be responsible for making good of such loss and / or damage.

General Commercial Terms & Conditions

18. Performance Bank Guarantee (PBG), Retention Money


a) Performance Bank Guarantee or Security Deposit shall consist of two parts:
i. Performance Security at 2.5% of the contract value:
ii. Retention Money, to be recovered from running ‘on account’ bills at 2.5 % of the Billed value.
iii. The security deposit shall bear no interest.
iv. Performance Security should be in the form of bank The Bank Guarantee should be from any
Scheduled bank in the form given in the bid document / provided by the Company (ref.
Annexure 3. Co. Validity of bank guarantee should cover the defect liability period and be
valid for a period of 90 days from the contract period / extended contract period
v. The ‘2.5% Performance Security’ would be refunded within 14 days of the issue of defect
liability certificate (taking over certificate with a list of defects).
vi. Retention money would be refunded only after issue of “No Defect Certificate” and
submission of Defect Liability Bank Guarantee. The refund of security deposit shall be subject
to company's right to deduct/ appropriate its dues against the Contractor under this Contract
or under any other contract.

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
12
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

19. Measurement: -
a) Measurement of work done shall generally be taken in accordance with the relevant standard method
of measurement published by the Bureau of Indian Standards (BIS) and if not covered by the above,
other relevant Standards/practices shall be followed as per instructions PTPL.
b) All items of work carried out by the contractor in accordance with the provision of the contract having
a financial value shall be entered in the Measurement Book as prescribed by the company so that a
complete record of the measurements is available for all the works executed under the contract and
the value of the work executed can be ascertained and determined there from.
c) Measurement shall be taken jointly by authorized representative of PTPL and by the contractor or his
authorized representative and signed and dated. In case of any dispute, the matter will be referred to
the higher representative of PTPL. Measurement of extra items of work or excess quantities of work
duly authorized in writing by the authorized representative of PTPL shall also be taken and recorded in
the M.B. Payment for such extra items will be based on the rates to be derived jointly by company and
contractor.

d) In case of items which are claimed by the contractor but are not admissible according to the company,
measurements of such items will be taken for record and subsequently decided by the company to
admit the contractor's claims, there should be no difficulty in determining the quantities of such work.

20. Joint Measurement: -


a) Measurements shall be taken jointly by Contractor and the Company. Before taking measurements,
the Contractor or the Company shall inform the other Party to attend the measurement along with
their respective representatives. All assistance required by the Company is to be provided by the
Contractor. All measurements thus taken should be signed and dated by all Parties. If the Contractor
objects to any measurement, a note to that effect shall be made in the Measurement / Log Book
and signed and dated by both Parties.
b) Measurements objected to shall be re-measured in the presence of the Contractor and the Company
and recorded in the measurement book which shall be signed and dated by the Parties. Measurements
so recorded shall be final and binding on upon the Contractor and no claim or dispute in this regard
shall be entertained by the Company. In case the Contractor does not attend the joint measurement at
the appointed time and day after due notice, the measurements taken by the Company shall be
deemed final and binding on the Contractor.
c) Except where any general or detailed description of the work in the Bill of quantities or specifications
of the Contract/work order provides otherwise, measurements of work done shall be taken in
accordance with the relevant standard methods of measurement published by the Bureau of Indian
Standards (BIS) and if not covered by the above, other relevant standards/practices shall be followed
as per instructions of the Company.

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
13
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

21. Deviations and Variations in Quantities and Prices:-


The quantities given in the ‘Schedule of Quantities’ are based on estimates and are meant to indicate
the extent of the work and provide a uniform basis for Tendering and any variation thereof either by
addition or omission shall not vitiate the Contract. The Company shall have the power to make any
alterations or additions or substitutions in the original specifications, drawings, designs and
instructions that may appear to be necessary or advisable during the progress of the work up to 10%
on any/total scope and quantum without radically changing the original scope and nature of the work
of the Contractor. Such altered or additional or substituted work shall form a part of the original
Contract and shall be carried out by the Contractor at the same rate/ rates as are specified in the Work
Order.

22. Payment Terms:


a) Frequency of Payment:
Based on meterage achieved in a month. The running on account payments would be made once in a
month within 30 days of submission of bill, complete in all respects, or at intervals stipulated in the work
order/ contract agreement. The bill would have to be certified by the authorized representative of the
company. Net amount paid would depend on the deductibles/ recoverable as per contract. Payment for
excess quantity of work done with the written instructions of the authorized representative of the
company and appearing in the bill of quantities of work with approved rates, will be made along with
the on account bills only up to 10% of the quantity provided in the agreement subject to overall value of
work not exceeding the agreement value.
b) Defect Liability Bank Guarantee (DLBG)
The Contractor shall submit an absolute, unconditional and irrevocable Defect Liability Bank Guarantee
(DLBG) from a list of banks approved by PTPL or any other bank acceptable to PTPL for an amount equal
to 5% of the works completed. The DLBG should be submitted within 10 days of successful handover
and issuance of final completion certificate. It shall be valid for the Defect Liability Period i.e. a period of
15 months from date of successful handover of inclines and issuance of final completion certificate.
c) Advance Payment for Mobilization
Upon issuance of work order and within 10 working days from the date of receipt of an irrevocable
Advance Bank Guarantee (ABG) of equivalent amount, PTPL shall provide an interest free advance
payment for an amount up to Rs.50,00,000/- (Rupees fifty lakh only). The list of equipment and
resources required for mobilization will be mutually discussed and agreed between PTPL and the
Contractor. The ABG shall remain valid for the Term of the Contract or up to the completion of advance
adjustment. If the amount is not adjusted during the validity of the ABG / SBLC, the contractor will
extend the ABG by at least 30 days prior to the expiry. Advance payment shall be subject to TDS.
d) Recovery of Advance
Will be deducted from the monthly running bills (will be mutually decided by both the parties)

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
14
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

e) Return of ABG
Return of ABG on recovery of advance / submission of DLBG
f) All payments are subject to works certification and acceptance by the Company.

23. Payment Terms for Additional / Altered / Substituted Items:-


Alteration in quantities shall not be considered as a change in the condition of the Contract.
Deviations from the BOQ have to be sanctioned by PTPL and should not exceed 10% of the Order
Value.

24. Billing
a) Frequency
The Contractor shall prepare and submit running on account bill/bills in the prescribed format by the
5th of every successive month, for the works executed/materials supplied in the previous calendar
month. The running on account bill/bills should be prepared on the basis of detailed measurements,
recorded as described above.
b) Inspection of Bills
The Company shall arrange for the scrutiny of the running on account bills, in an expeditious manner,
satisfying them from the technical point of view as conforming to the scope of work and its specs and
measurements as recorded in the measurements book.
c) Certification of Bills
Any certificate given by the Company for the purpose of payment of interim bills shall not of itself be
conclusive evidence that any work / materials to which it relates is/are in accordance with the Contract
and may be modified or corrected by the Company by any subsequent certificate or by the final
certificate.
d) Overpayments
The Company reserves its right to recover / enforce recovery of any overpayments detected after
payment as a result of post payment audit or technical examination or by any other means,
notwithstanding the fact that the amount of disputed claims, if any, of the Contractor exceeds the
amount of such overpayment. The amount of such overpayment shall be recovered from subsequent
bills under the Contract, failing that from the Contractor’s retention money or from the Contractor’s
claims/bills under any other contract with GPL or the Contractor shall pay the overpayment on demand.
In case of Contractor’s non-payment on such demand, the same shall be realized from the Contractor’s
dues, if any with the Company.
e) Payments Due and Payable
On receipt of complete and correct invoice supported by requisite certificate by the representative of
the Company. If the invoice is not found to be payable, the invoice shall be returned to the Contractor,
within a month from the date of receipt, stating the reasons for such rejection.

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
15
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

f) Final Bill
On completion of the Works to the satisfaction of the Company, the Contractor shall submit a certified
final bill and account accompanied with all relevant vouchers and documents.
g) Payment against Final Bill
Shall be released subject to all deductions / adjustments having been made on account of materials
supplied, diesel, etc. and any other dues payable by either of the Parties and further subject to the
Contractor submitting a no claim certificate to the Company. The Contractor shall also submit to the
Company, proof of depositing royalty on account of minor minerals used in the work (Royalty Clearance
Certificate) before the final bill is processed for payment. The final payment shall also be subject to the
clause on ‘Completion Certificate’, hereof. No interest shall be payable on the amounts withheld, under
the terms of the Contract.
h) Two Part Payment of Monthly Bill
Provided that the contractor is entitled to raise RA bill in two parts, if they achieve 50 % of the
committed target in first half of the month.

25. Alterations/Additions:-
Alteration in quantities shall not be considered as a change in the condition of the Contract. Deviations
from the BOQ have to be sanctioned by PTPL and should not exceed 10% of the Order Value. The
company through its authorized representative shall, without radically changing the original scope and
nature of the work, under contract, have the power to make any alterations in or additions to or
substitution of the original specifications, drawings, designs and instructions that may appear to be
necessary or advisable during the progress of the work. Such altered or additional or substituted work,
which shall form part of the original contract, shall be carried out by the contractor on the same terms
and conditions in all respects on which they agreed to do the main work and at the same rate/rates as
are specified in the contract/ work-order. The right is reserved to cancel any items of work included in
the contract agreement or portion thereof at any stage of execution if found necessary to the work and
such omission shall not be a waiver of any condition of the contract nor invalidate any of the provisions
thereof. If the additional, altered or substituted work includes any class of work for which rate/rates
is/are not specified in the contract/work order, rates for such items shall be determined by the
authorized representative of PTPL.

26. Contract Price (Excluding GST):-


Shall be calculated on the basis of bill of quantity (BOQ). In case the quantity of BOQ varies due to
‘open items’ or other valid reasons accepted by the Company, then the payment shall be made on the
basis of actual quantity, as certified by PTPL. No payment shall be made for quantity of coal produced
during incline drivage, insets and inter connections between incline 1 and incline 2. These will be
covered under unit rate for incline drivage / interconnection. For additional roof support, payment will
be made based on actual quantity used / completed. Effective date of order shall be the Letter of

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
16
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

Award (LOA).

27. Hindrance Register:-


To be maintained at site, jointly by PTPL and the contractor to record Force Majeure events and
various hindrances encountered during the course of execution, which shall include the following
(more than 30 minutes):
a) Non-availability of stores which are the responsibility of the company to supply as per contract.
b) Non-availability of working drawings in time, which are to be made available by the company as per
contract during progress of the work.
c) Delay on the part of the contractors or tradesmen engaged by the Company not forming part of the
contract, holding up further progress of the work.
d) Non-availability or breakdown of tools and plant to be made available or made available by the
Company.
e) Failure of electrical power supply.
f) The execution of any modified or additional items of work or excess quantity of work.
g) Unexpected geological changes may be included as ‘Hindrance’, subject to acceptance as ‘sufficient
cause’ by the Company.
h) Any other causes which, at the sole discretion of the company, is beyond the control of the contractor.
i) Hindrance register will be signed by both the parties. The contractor may also record his observations
in the Hindrance Register. In case the contractor has a different opinion for hindrance and a dispute
arises then the matter would be referred to PTPL’s authorized person or the next higher authority
whose decision would be final & binding on the contractor & the decision to be communicated within
15 days.

28. Provisional Extension of Time: -


May also be granted by PTPLs authorized representative during the course of execution, on written
request for extension of time within 15(fifteen) days of happening of such events as stated above,
reserving the company's right to impose/waive penalty at the time of granting final extension of time
as per contract agreement. The contractor shall however use his best efforts to prevent or make
good the delay by putting his endeavours constantly as may be reasonably required of him to the
satisfaction of PTPL’s authorized representative.

29. Wastage: -
The contractor shall ensure that wastage is minimized. The allowable limit of wastage shall be decided
mutually and adhered to by the contractor. Any wastage of material supplied by the Company, beyond
the set limits, as decided by the Company at the time of Contract finalization, shall be deducted from
payments due to the contractor.

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
17
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

30. Material Brought by Contractor: -


All materials, tools and plants brought to site by the contractor including the materials supplied by the
company shall be deemed to be held in lien by the company and the contractor shall not have the right
to remove the same from the site, without the written permission of PTPL. The company shall not
however be liable for any loss, theft or damage due to fire or other cause during this period of lien, the
responsibility for which shall lie entirely on the contractor. The contractor shall bear the cost of
loading, transportation to site, unloading, storing under cover as required etc. as may be necessary for
the use and keeping the materials in good condition. Any surplus materials issued by the company,
remaining after completion or termination of the contract, shall be returned by the contractor at his
cost to the place of issue and PTPL shall accept the same at the rate not exceeding the rate at which
these were originally issued taking into consideration the deterioration or damage, if any, that may
have been caused during the custody of the contractor. In the event, the contractor fails to return the
surplus materials out of those supplied by the company, PTPLs authorized representative may, in
addition to any other liability which the contractor would incur in this regard, by giving notice in
writing require the contractor to pay the amount at double the issue rate for such unreturned surplus
materials or 115% of the prevailing market rate along with GST and any other tax applicable during the
period of work, whichever is more. On completion or on termination of the contract and on complete
recovery of secured advance paid by the company, if any, in respect of materials brought to site, the
contractor with due permission of the Engineer-in-Charge shall be entitled to remove at his expenses
all surplus materials originally supplied by him and upon such removal, the same shall become the
property of the contractor. All charges on account of GST or any other applicable taxes, duties or levies
on materials obtained for the works from any source (excluding materials supplied by the company)
shall be borne by the contractor.

31. Quality Assurance - Materials and Workmanship: -


The contractor shall carry out and complete the work in every respect in accordance with the contract
and shall ensure that the work conforms strictly to the drawings, specifications, (as enclosed or in
absence of enclosed specifications current CPWD/BIS specifications) instructions of PTPL’s authorized
representative. PTPL may issue, from time to time, further drawings, detailed instructions/ directions
in writing to the contractor. All such drawings, instructions/directions shall be consistent with the
contract documents and should be reasonably inferable there from, along with clarifications/
explanations thereof, if necessary. However, the contractor will be solely responsible for design and
erection of all structures required in connection with the work.

32. Access to the Works: -


PTPL’s authorized representative shall at all times have access to the works and to all workshops and
places where work is being prepared or from where materials, manufactured articles are being
obtained for the works and the contractor shall afford every facility for and every assistance in or in
obtaining the right to such access.

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
18
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

33. Inspection of Works: -


No work shall be covered up or put out of view without the approval of PTPL. Foundations must be
inspected before permanent work is placed thereon. The contractor shall give due notice to the PTPL's
representative whenever any such work or foundations is ready or about to be ready for examination
and PTPLs representative shall, without unreasonable delay, unless he considers it unnecessary and
advises the contractor accordingly, attend for the purpose of examining and measuring such work or
foundations.

34. Removal of Improper Work and Materials: -


PTPLs representative shall during the progress of the works have power to order in writing from time
to time:
a) The removal from the site, of any materials which in the opinion of Engineer-in-charge, are not in
accordance with the contract/ work order/ approved sample.
b) The substitution with proper and suitable materials.
c) The removal and proper re-execution, notwithstanding any previous test thereof or interim payment
there from, of any work which in respect of materials or workmanship is not in accordance with the
contract.
d) In case of default on the part of the contractor in carrying out such order, PTPLs representative shall
be entitled to employ and pay other agency to carry out the same and all expenses consequent
thereon shall be recoverable from the contractor or may be deducted from any amount due or which
may become due to the contractor.

35. Final Inspection of Work: -


PTPL’s authorized representative shall make final inspection of all work included in the contract/work
order, or any portion thereof, or any completed structure forming part of the work of the contract, as
soon as practicable after notification by the contractor that the work is completed and ready for
acceptance. If the work is not found acceptable at the time of such inspection, he shall inform the
contractor in writing as to the particular defects to be remedied before final acceptance can be made.

36. Defects Appearing After Acceptance: -


Any defects that may appear within the defect liability period and arising, in the opinion of PTPL, from
lack of conformance with the drawings and specifications, shall, if so required by PTPL, be remedied by
the contractor at his own cost within the time stipulated by PTPL. If the contractor fails to comply,
PTPL may employ other persons to remedy the defects and recover the cost thereof from the dues of
the contractor.

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
19
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

37. Site Order Book: -


Site Order Books shall be maintained on the sites of works and should never be removed there from
under any circumstances. It shall be the property of the company. PTPLs authorized representative
shall duly record his observations regarding any work which needs action on the part of the contractor
like, improvement in the quality of work, failure to adhere to the scheduled programme etc. as per
contract/work order. The contractor shall promptly sign the site order book and note the orders given
therein by PTPL and comply with them. The compliance shall be reported by the contractor in writing
to PTPL in time so that it can be checked. The Site Order Book will be consulted by PTPL at the time of
making both running on account and final bills of the contractor. A certificate to this effect should be
given in the Measurement books by PTPLs authorized representative.

38. Storage of Materials: -


Materials shall be so stored as to ensure the preservation of the quality and fitness for the work. When
considered necessary by PTPL, they shall be placed on wooden platforms or other hard, clean surfaces
and not directly on the ground. Materials shall be placed under cover when so directed and the
contractor shall erect and maintain at his own cost temporary weather-proof sheds at the work site for
the purpose. Stored materials shall be so located as to facilitate prompt inspection. All stored
materials shall be inspected at the time of use in the work, even though they may have been inspected
and approved before being placed in storage or during storage.

39. Defective Materials: -


All materials not conforming to the requirements of the specifications shall be considered as defective,
and all such materials, whether in place or not shall be rejected. They shall be removed immediately by
the contractor at his expenses and replaced with acceptable material. No rejected material, the
defects of which have been subsequently corrected, shall be used on the work until approval in writing
has been given by PTPL. All such defective material lying at site not removed and replaced within 30
days after issue of notice by PTPL, may be disposed of by the company without any further written
notice to the contractor.

40. Bonus & Penalty: Calendar Month Basis:-


a) As time is of the essence of the Contract, bonus will be awarded in case of higher level of performance
by the Contractor and penalty will be levied for lower level of performance estimated monthly as per
the following terms:

SL Average daily progress of work (%)


Rate
No with respect to Stipulated rate of
progress
Bonus @5% of the contract value of excess
1 Exceeding 110% and up to 120%
work, as quantified by the Company

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
20
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

Bonus @10% of the contract value of excess


2 Exceeding 120%
work, as quantified by the Company
Penalty @5% of the contract value of the
3 Between 80% to less than 90%
shortfall in work, as quantified by the Co.
Penalty @10% of the contract value of the
4 Below 80%
shortfall in work, as quantified by the Co.

b) In case of failure to complete the work as per the time schedule agreed between the Company and
the Contractor, penalty will be imposed for such failure on ‘calendar month basis’. Provided, however
that the Contractor will be allowed to make up the shortfall volume within next succeeding three
months period. Failing which the penalty imposed on the Contractor will be forfeited. The Company
however reserves its right to waive imposition of penalty and/or to forfeit wholly/partially in its sole
discretion if the shortfall volume of work is accomplished within the overall project period / any
extension thereof is granted by the Company. The penalty due to failure to maintain the time
schedule referred to above will, however be limited to ‘5% of the total value of the Contract.’
c) In addition to the aforesaid penalty, the company shall be entitled to recover any other actual
damages that may be suffered by the company due to delay in execution of the work.

41. Duties & Taxes: -


TDS @2% (Two percent) deducted from the gross value (excluding GST) of each bill or at the rate as
amended from time to time, shall be made unless exempted by the competent authority of the
Income Tax Department. Further, GST will be applicable as per the provisions of GST Act.

42. Suspension of Work:-


The Company shall have power to suspend the work for any of the following reasons:
a) on account of any default on the part of the contractor but the Contractor has been unable to rectify
the same,
or
b) for proper execution of the works, or part thereof, for reasons other than the default of the
contractor,
or
c) for safety of the works, or part thereof.
d) The contractor shall, during such suspension properly protect and ensure the works to the extent
necessary and carry out the instruction of the Company. If the suspension is ordered for reasons (b)
& (c), the contractor shall be entitled to a reasonable extension of time as decided by PTPL.

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
21
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

43. Foreclosure of contract: -


At any time after acceptance of the tender the company may decide to abandon or reduce the scope
of work for any reason whatsoever and serve notice to the contractor in this regard.
In the event of abandonment, the contractor shall have no claim to any payment of compensation or
otherwise whatsoever, other than those mentioned below: -
a) To pay reasonable amount assessed and certified by PTPL of the expenditure incurred, if any, by the
contractor on preliminary works at site e.g. temporary access roads, temporary construction for labour
and staff quarters, office accommodation, storage of materials, water storage tanks and water supply
for the work including supply to labour/ staff quarters, office etc.
b) To pay the contractor at the contract rates full amount for works executed and measured at site up to
the date of such abandonment.
c) To pay for the materials brought to site or to be delivered at site, which the contractor is legally liable
to pay, for the purpose of consumption in works carried out or were to be carried out but for the
foreclosure, including the cost of purchase and transportation and cost of delivery of such materials.
The materials to be taken over by the company should be in good condition and the company may
allow at its discretion the contractor to retain the materials in full or in part if so desired by him and to
be transported by the contractor from site to his place at his own cost with due permission of PTPL.
d) To take back the materials issued by the company but remaining unused, if any, in the work on the
date of abandonment/reduction in the work, at the original issue price less allowance for any
deterioration or damage caused while in custody of the contractor.
e) To pay for the transportation of tools and plants of the contractor from site to contractor's place or to
any other destination, whichever is less.

44. Carrying out Part work at Risk & Cost of Contractor: -


If the progress of the work or of any portion of the work is unsatisfactory, PTPL may, without
cancelling or terminating the contract, be entitled to employ another Agency for executing the job or
to carry out the work departmentally or contractually through tendering / limited tendering process,
either wholly or partly, debiting the contractor with cost involved in engaging another Agency or with
the cost of labour and the prices of materials, as the case may be.
The certificate to be issued by PTPL for the cost of the work so done shall be final and conclusive and
the extra cost, if any, shall be borne by the contractor. However, when this clause is invoked, penalty
will not be applicable other than on account of delayed completion.

45. Completion Certificate / Defect Liability Certificate: -


a) Except In cases where the contract provides for "Performance Test” before issue of completion
certificate in which case the issue of completion certificate shall be in accordance with the
procedure specified therein, the contractor shall give notice of completion of work, as soon as the
work is completed, to PTPL. Authorized representative of the company shall inspect the work and

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
22
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

ascertain the defects/deficiencies, if any, to be rectified by the contractor as also the items, if any,
for which payment shall be made at reduced rate. If the defects are of a major nature and the
rectification of which is necessary for the satisfactory performance of the contract, he shall
intimate in writing the defects and instruct the contractor to rectify the defects/remove
deficiencies within specified time period. In such cases, Completion Certificate will be issued by
PTPL after the above rectifications are carried out / deficiencies are removed by the contractor to
the satisfaction of PTPL.
b) In the event there are no defects or the defects/ deficiencies are of a minor nature and PTPL is
satisfied that the contractor has already made arrangements for rectification, or in the event of
contractor's failure to rectify the defects for any reason whatsoever, the defects can be rectified
by the company departmentally or by other means and the 50% of the security deposit of the
contractor shall be sufficient to cover the cost thereof, he shall issue the Defect Liability
Certificate (Taking Over Certificate with list of defects ) within 30 days from handover of work
indicating the date of completion of the work, defects to be rectified, if any, and the items, if any,
for which payment shall be made at reduced rate indicating reasons there for and with necessary
instructions to the contractor to clear the site/place of work or all debris/ waste materials,
scaffoldings, sheds, surplus materials etc. making it clean. Refund of security deposit and payment
of final bill shall, however, be made on completion of the entire contract work, but not on
completion of such items of work.

46. Additional Responsibilities of the Contractor: -


The cost on account of the "Additional Responsibilities of the Contractor" under this clause is deemed
to be included in the work order:
a) The company reserves the rights to let other contractors also work in connection with the Project and
the contractor/contractors shall co-operate in the works for the introduction and stores and materials
and execution of his/their works.
b) The contractor/contractors shall keep on the work site during the progress a competent and
experienced Resident Engineer exclusively for the work and necessary assistants who shall represent
the contractor(s). The contractor shall employ only competent, skilful and orderly men to do the work.
The contractor shall further be responsible for making arrangements at his own cost, for
accommodation and social needs of the staff and workers under his employment.
c) Precautions shall be exercised at all times by the contractor(s) for the protection of persons (including
employees) and property by following the Safety Code, as provided in this document as well all
applicable laws, codes, statutes and regulations. In case of accidents, the contractor(s) shall be
responsible for compliance with all the requirements imposed by the Workmen's Compensation Act or
any other similar laws in force and the contractor shall indemnify the company against any claim on
this account.
d) The contractor shall maintain all records as per the provision made in the various statutes including
Contract Labour (Regulation & Abolition) Act, 1970 and the Contract Labour (Regulation & Abolition)

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
23
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

Central Rules, 1971, Minimum Wages Act, Workmen Compensation Act etc. as updated and amended
and in force at the time of work. Such records maintained by the contractor shall be opened for
inspection by the Engineer-in-Charge or by the nominated representative of the Principal Employer.
e) The contractor/ contractors shall construct and provide facilities for the sanitary necessities of all
persons employed on the work and maintained in the number, manner and place approved or ordered
by the Engineer-in-Charge. The contractor/ contractors shall vigorously prohibit committing of
nuisance at any other place. Cost of all works under this item shall be covered by the
contractor/contractor's tendered rates.
f) The contractor/contractors shall furnish to PTPL with work reports from time to time (daily, weekly,
monthly & quarterly with reconciliation) regarding the contractor / contractor’s organization and the
progress made by him / them in the execution of the work as per the contract.
Note:
During the execution of the contract if the GST status of the contractor changes, then the payment of
GST, if any, to the contractor will be made as per the GST status declared by the contractor during work
order finalization stage based on which cost to company has been ascertained or at actuals, whichever is
lower.
g) All accounts shall be maintained properly and the company shall have the right of access and
inspection of all such books of accounts etc., relating to payment of labour in online mode including
payment of provident fund considered necessary.
h) On receipt of Work Order the contractor shall forthwith Register and obtain License from the
competent authority under the Contract Labour (Regulation & Abolition) Act 1970, the Contract
Labour (Regulation & Abolition) Central Rules, 1971 and submit certified copies of the same to PTPL.
i) Unless otherwise specifically provided for, dewatering of excavation pits, working areas etc. shall be
the contractor's responsibility and is to be carried out at his own cost as per instructions of PTPL. The
rates quoted by the contractor shall be deemed to include the dewatering costs.

47. Documents Provided by the Company: -


The following documents would be provided along with work order:
a) Relevant clearances/approvals obtained from government authorities for the Jaganathpur B coal mine
project. Equipment approvals will be in the manufacturer's name and working permissions in the name
of PTPL.
b) Relevant data and information pertaining to the mine
c) Any other statutory approvals towards coal mine Incline drivage.
d) Design Drawings.
e) Final BOQ as per the finalized design.

48. Setting Out:-


a) The contractor shall be responsible for the proper setting out of the works and correctness of the
position, reduced levels, dimensions and alignment of all parts of the work including marking out the

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
24
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

correct lay out in reference to the permanent bench mark and reference points. Only one permanent
bench mark and basic reference lines shall be marked and shown to the contractor as basic data.

b) The contractor shall submit specifications and drawings showing any proposed temporary work to PTPL,
who is to approve them if they comply with the specifications and drawings. The contractor shall be
responsible for design of Temporary Works.

49. Defects Liability Period: -


The Defect liability period is 15 (fifteen) Calendar month from the date of issue of final completion
certificate and the contractor shall be responsible to make good and remedy at its expenses the
defects that may occurred in the meantime irrespective of its nature and intimated to the contractor
in writing to that effect. The contractor shall provide a similar period of warranty to the materials,
works used and utilized during such rectification work.

50. Warranty: -
Each individual component of the awarded work shall be guaranteed against defective workmanship,
material specifications, quality and failure of any kind for the full duration of construction of the work
under the Contract till the date of its completion, duly certified by the Company.

51. Electrical License: -


To be submitted by the contractor either in his name or of his authorized representative / supervisor
[under whose supervision electrification work (internal and/or external) will be executed].

52. Operating and Maintenance Manual: -


“As built” drawings and/or Operating and Maintenance Manual, as may be required by the company
shall be provided by the contractor.

53. E-way Bill: -


The e-way bill required in connection with supply of goods or services, if any, shall be arranged by the
supplier/vendor. However, the e-way bill will be arranged by the company if the supplier/vendor is
unregistered or if provisions of the relevant Act and the rules made there under specifically states that
the e-way bill is required to be issued by recipient of goods.

54. Scope of Supply of Contractor: -


As per annexed Scope of Supply Matrix.

55. Other Terms and Conditions: -


a) All mine development activities will be followed as per Coal Mines Regulations 2017, DGMS guidelines

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
25
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

and other statutory laws as updated and amended and in force at the time of work.
b) Contractor is to maintain cordial relationship with local people, local administration, DGMS and other
statutory officials
c) Contractor shall provide requisite information to PTPL and nominated representative of PTPL.
d) Sub-contracting is not allowed without the express permission of PTPL. Contractor cannot subcontract
full work to third party. The Contractor shall however be responsible for all acts deeds, actions and / or
omissions by the Sub-Contractor. In the event of the Co. suffering any loss and / or damages by reason
of acts / deeds / actions and / or omissions by the Sub-Contractor, the Contractor shall be responsible
for making good of such loss and / or damage.

56. Disputes & Arbitration: -


In the event of any controversy, dispute or difference arising out of or in connection with or in relation
to any terms of the service order, both parties shall endeavour to settle such dispute or difference by
negotiation between the parties within 7 (Seven) days or such extended time as may be provided by the
company from time to time, failing which, such dispute or difference shall be referred to arbitration to
the sole arbitrator acceptable to both vendor and the company. The award passed by the sole Arbitrator
shall be final and binding on both parties. The arbitration shall conduct the proceedings in accordance
with the Arbitration and Conciliation Act 1996 or any statutory notifications or re-enactment thereof. It
is agreed that the laws of India shall govern this contract and the Courts of Kolkata (West Bengal), India
have the exclusive jurisdiction. The cost of arbitration to be equally borne by both the parties and the
place of Arbitration shall be at Kolkata, West Bengal.

57. Insurance: -
PTPL shall arrange the necessary insurance for mine infrastructure development (property belonging to
PTPL only). Workmen compensation shall be taken by Contractor and copy of insurance certificate
submitted to PTPL. All assets of Contractor will be covered by Contractor including Third Party. The
contractor shall take full responsibility to take all precautions to prevent loss or damage to the works or
part thereof for any reasons whatsoever (except for reasons which are beyond control of the contractor
or act of God, e.g. flood, riots, war, earthquake, etc.) and shall at his own cost repair and make good the
loss/damage to the work so that on completion, the work shall be in good order and condition and in
conformity with the requirements of the contract and instructions of PTPL. Contractors shall take
appropriate insurance policies during the full contract period at his own cost and ensure that the
insurance policy/ policies is/are kept alive till full expiry of the contract.

58. Termination of Contract: -


The company shall, in addition to other remedial steps to be taken as provided in the conditions of
contract be entitled to cancel and/or terminate the contract by 15 (fifteen) days’ notice in writing if
the contractor: -

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
26
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

a) makes default in proceeding with the works with due diligence and continues to do so even after a
notice in writing from PTPL. Or
b) commits default/breach in complying with any of the terms and conditions of the contract and does
not remedy it or fails to take effective steps for the remedy to the satisfaction of PTPL even after being
intimated by the company , Or
c) fails to complete the work or items of work with individual dates of completion, on or before the
date/dates of completion or as extended by the company, then on the expiry of the said period Or
d) transfers, sublets, and assigns the entire work or any portion thereof without the prior approval in
writing from PTPL. Or
e) If the contractor being an individual in the case of proprietary concern or in the case of a partnership
firm any of its partners is declared insolvent under the provisions of Insolvency Act for the time being
in force, or makes any conveyance or assignment of his effects or composition or arrangement for the
benefit of his creditors amounting to proceedings for liquidation or composition under any Insolvency
Act. Or
f) In the case of the contractor being a company, its affairs are under liquidation either by a resolution
passed by the contractors company or by an order of court, not being a voluntary liquidation
proceedings for the purpose of amalgamation or reorganization, or a receiver or manager is appointed
by the court on the application by the debenture holders of the contractor's company, if any. or
g) If the contractor shall suffer an execution being levied on his/their goods, estates and allows it to be
continued for a period of 21 (twenty-one) days. Or
h) On the death of the contractor being a proprietary concern or of any of the partners in the case of a
partnership concern and the company is not satisfied that the legal representative of the deceased
proprietor or the other surviving partners of the partnership concern are capable of carrying out and
completing the contract. The decision of the company in this respect shall be final and binding which is
to be intimated in writing to the legal representative or to the partnership concern.
i) In case the termination is effected due to delay in execution of the contract the LD/Penalty and other
damages that may have been suffered by the company would be recovered from the contractor and
shall be adjusted against the payment and security deposit, however, in case, the damages suffered by
the company is in excess of the payment of the contractor retained with the company or the security
deposit, the same shall be recovered by the company in accordance with law.

59. Foreclosure of contract


At any time after acceptance of the tender and or award of work, the Company may decide to
abandon or reduce the scope of work for any reason whatsoever and serve notice to the Supplier in
this regard.
In the event of such abandonment, the Supplier shall have no claim to any payment of compensation
or otherwise whatsoever, other than those mentioned below: -

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
27
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

a) to pay reasonable amount assessed and certified by the Company of the expenditure incurred, if any,
by the Supplier on inputs incurred in terms of labour and material specifically for execution of the
Order and which cannot be used elsewhere gainfully.
b) to pay for the transportation of equipment, tools and plants of the SUPPLIER from site to SUPPLIER's
place or to any other destination, whichever is less.
c) The decision of the Company shall be final with regard to (a) and (b) above

60. Co-operation with other vendors/ Consultants/ Contractors: -


The Contractor shall co-operate with other consultants, vendors & contractors engaged by the Company
if any for furnishing information as required for other vendors/consultants/contractors' work.

61. Compliance with Act & Rules: -


The contractor shall respect, comply and abide by all the provisions of ACT, rules and applicable laws,
status, bylaws, ordinances and regulations in force and effect as of the date hereof and which may be
promulgated or brought into force and effect herein after in the Republic of India, including regulations
and rules made there under, as may be in force and effect during substance of the contract. The
contractor shall use its best efforts to ensure that their personnel and their dependents while in India
and local employees of yours shall respect and abide by the said laws and regulations.
The contractor shall guarantee for full compliance with the said laws applicable to this contract or the
performance of the contractor obligation or by any sub vendors and agree to indemnify the company
against any cost, loss, liability or obligation which may arise consequences of the failure of contractor or
any sub vendor to comply fully with the said laws and regulations, or which may arise as a consequence
of any injury, illness or that of any employee of contractor’s or sub-contractor engaged on the work.

62. No Liability: -
It is made clear that the Contractor shall be absolutely liable for all compliances i.e. required under the
statute and or obtaining requisite licenses in this regards, for which the Contractor is statutorily and or
contractually responsible. PTPL shall not be held liable for any act/omission of the Contractor
whatsoever made in this regard.

63. Implementation of CMPF/EPF & ESI: -


The contractor shall have to ensure implementation of CMPF/EPF & ESI if applicable, in respect of the
workers deployed in execution of the contract

64. Indemnity: -
In addition to the indemnification to be provided by the Contractor as referred to in other clauses of
this document, the Contractor will wholly be liable to provide indemnity in respect of the following
claims / damages / injuries:

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
28
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

a) Against all claims, damages or compensation under the provisions of payment of Wages Act, 1938,
Minimum Wages Act, 1948, Employer's Liability Act, 1938, The Workmen's Compensation Act, 1923,
Industrial Dispute Act, 1947, Mines Act as applicable, Employees State Insurance Act 1948 and
Maternity Benefit Act, 1961, Acts regulating P.F. or any modification thereof or any other law relating
thereto and rules made there under from time to time, as may be applicable to the contract which
may arise out of or in consequence of the construction or maintenance or performance of the work
under the contract and also against costs, charges and expenses of any suit, action or proceedings
arising out of any accident or injury.
b) The company against all losses and claims for injuries or damages to any third party or to any property
belonging to any third party which may arise out of or in consequence of the construction or
maintenance or performance of the work under the contract and against all claims/demands
proceedings/damages, cost charges and expenses whatsoever in respect of or in relation thereto.

65. Confidentiality: -
Non-Disclosure agreement (NDA) between “PTPL” and “SSMD” shall form an integral part of this
contract. Any work undertaken in connection with this contract, whether directly or indirectly, shall
therefore be subject to the terms of the Non-Disclosure Agreement.

66. Severability: -.
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that
particular provision or part so found, and not the entire Agreement, will be inoperative and the parties
would under an obligation to continue with the remaining part of the agreement.

67. Others: -
Any alteration, modification, extension, verification, deletion, amendment or any other changes to this
order will not be valid, unless confirmed by the Company in writing. Contractor will not divulge, publish
or a cause to be published by any means what so other, the details concerning service rendered or
goods covered thereby, unless permitted by the Company in writing.

68. Billing Details: -


Name of the Company : Power Plus Traders Pvt. Limited
Address : 39, Shakespeare Sarani, “Premlata” Building, 6th floor, Kolkata-700017
GSTIN No. : 19AAGCP6899K2ZD

69. Contact Details


a) Mr. K.S. Rao, (CEO)
Mob: +91-9534000527/8987722595, e-mail: srinivasarao.k@rashmigroup.com
b) Mr. Lokesh Kumar Ray, (Sr. Vice-President)
Mob: +91-9830973916, e-mail: lokeshkumar.ray@rashmigroup.com

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
29
POWERPLUS TRADERS PRIVATE LIMITED
(Joint Venture of Orissa Metaliks Pvt Ltd, Rashmi Cement Ltd & Shyam Steel Manufacturing Ltd)
CORPORATE OFFICE: PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA
TEL: +91-33 4255 /4266, FAX NO.: +91 33 2289-4254,
E-mail: powerplustrade@gmail.com CIN: U10100WB2012PTC183435

70. Notice - All notices given under this Agreement must be in writing. Any notice under this agreement
shall be sent via one of the following methods: (a) delivery in person, (b) courier service, (c) registered
email (d) postage to the following persons :-

Company:
i) Mr. K.S. Rao, (CEO): Mob: +91-9534000527/8987722595, e-mail: srinivasarao.k@rashmigroup.com
Ii) Mr. Lokesh Kumar Ray, (Sr. VP) Mob: +91-9830973916,e-mail:lokeshkumar.ray@rashmigroup.com

Annexures: 1: BOQ
2: Scope of Supply Matrix
3: ABG & PBG Formats
4: NDA Format
5. Drawing related to Lattice Girder

REGISTERED OFFICE : PREMLATA BUILDING, 39 SHAKESPEARE SARANI, 6TH FLOOR, KOLKATA-700017, INDIA.
30
BOQ for Additional Work at Jaganathpur B Incline Drivage
Sr. No. Description of Item Unit Quantity
* Mobilization of Equipments & Other required items. (Amount is non-deductable, will be paid after mobilization at site)
SCHEDULE - A: OPEN EXCAVATION

Shotcreting with designed mix cement concrete M25 as per specifications for thickness as specified in the drawing and as directed by
Engineer-in‐Charge in cutting slopes, including all materials, labour, equipments, etc, required for complete job The work includes
1 Cum 481.00
cost of production & application of shotcrete by using shotcrete machine, designing the concrete mix, removal of rebound, curing and
finishing the exposed surface including any other incidental work as a complete job.

Supply, drilling, installation and grouting of ordinary rockbolts of 25mm diameter and specified length in cutting slopes as per approved
drawings & specifications and as directed by Engineer‐in‐Charge. The rate shall include costs of all materials, labour, equipments, staging or
2
platform etc. required for the complete
job.
2.1 L=4.0m Each 100.00
Supply and placing of 100x100x6mm welded wire fabric of Fe500 (steel wire fabric conforming to IS: 1566 1957) as reinforcement in roof
and side walls of tunnel as per approved drawings and specifications and as directed by Engineer‐in‐Charge. The rate shall include all
3 labour, materials, cost of pins, hooks, lead, lift, handling, wastage complete with contractor’sown equipment for complete job. Sqm 1,000.00

Note: The above activities would be required to be executed, depending on the stability of the excavated slopes of the Box Cut
SCHEDULE - B: ROCK BOLTS, WIRE MESH AND OTHER STEEL SUPPORTS
Supply, drilling hole, installation and grouting of forepoling as per approved drawings & specifications or as directed by Engineer. The rate
4 shall include costs of all materials, labour, equipments etc. required for
the complete iob.
4.1 Reinforcement bars, dia. 32 mm of length 6m. Rmt 19,380
Fabrication and erection of lattice girders and all accessories including all lead, lift, wastage, storing, drilling holes, fixing in phases
etc. and installation of accessories for joining the lattice girder segments as per approved workshop drawings of contractor & specification
5 or as directed by Engineer. The rate shall include costs of all materials, labour, equipment, etc. required for the complete job including MT 138
additional cost
for enlargement of top heading footing.
SCHEDULE - C: SUPPORT SYSTEM & CONCRETE

Production, supply and application of Initial Sprayed Concrete of M25 grade with crystaline admixture as per mix design, having 10mm
maximum size of aggregates, having minimum compressive strength of 300kg/sq. cm after 28 days (400 kg of cement per cum)
6 of required thickness including preparation and cleaning of surfaces, placing of plug gauges for control of layer thickness and Cum 2,070
removal of rebound, temporary protection, admixtures and curing except reinforcement and admixtures but including other
materials, if any, as per specifications and drawings or as directed by the Engineer.

7 Supply and mixing in Shortcrete concrete of poly fibre Kg 8,000

Production, supply and application of Final Sprayed Concrete of M25 grade with crystaline admixture as per mix design, having 10mm
maximum size of aggregates, having minimum compressive strength of 300kg/sq. cm after 28 days (400 kg of cement per cum)
8 of required thickness including preparation and cleaning of surfaces, placing of plug gauges for control of layer thickness and Cum 473
removal of rebound, temporary protection, admixtures and curing except reinforcement and admixtures but including other
materials, if any, as per specifications and drawings or as directed by the Engineer.
BOQ for Additional Work at Jaganathpur B Incline Drivage
Sr. No. Description of Item Unit Quantity
Providing and laying Cement concrete M-25 approved Design mix with well graded broken stone aggregate of approved quality with 6mm to
20mm size and sand of approved quality for lining of side walls, arch roof of tunnel, invert and pockets etc. by approved mechanical means
such as concrete pump, placer or similar equipments specifications and as per approved drawings with contractor’s own
materials (except reinforcement steel) including cement, aggregates, admixture, labour, tools, plants and machinery including supplying,
9 fixing and removing of form work, centering, scaffolding, bailing out water by gravity, shoring and timbering and such other measures Cum 652
wherever necessary, machine mixing of all ingredients, vibrating including curing, final rendering after stripping of form work with
all lead, lift, ascent and descent etc. complete in all respect as per drawing and special specifications and also as directed by the
Engineer at site.

SCHEDULE - D: WATER PROOFING, DRILLING & GROUTING


Providing, laying and fixing of protective felt (geotextile) with a minimum weight of 500 g/m2 for protection of the waterproofing
10 membranes and drainage on the finished outer lining surface including the cost of all materials, labour, equipment's, etc. required for the Sqm 11,106
completion of job, as per specifications and as directed by the Engineer in Charge.
Providing, placing, welding of 2 mm thick PVC or ECB water proofing membrane including the cost of all
11 Sqm 4,468
materials, labour, equipment's, etc. required for the completion of job as per specifications or as directed by Engineer.
12 Drilling and Grouting
Drilling of holes of upto 38mm dia, and 5m deep inside concrete or rock for pressure/consolidation cement grouting including fixing
12.1 necessary pipes and cost of pipes etc. as per specification and approved drawings or as directed by the Engineer in charge with all men, Rmt 472
material, machinery etc.
Pressure grouting (Cement) at a pressure of 7 kg per Sqm cms after every three blast(10m interval) for ground improvement using
12.2 suitable materials and mixtures as appropriate as per specifications and as directed by Engineer with all men, materials, machinery,etc. MT 16

Pregrouting grouting (Cement) at a pressure of 7 kg per Sqm cms for ground improvement or filling of voids and cavities using
12.3 suitable materials and mixtures as appropriate as per specifications and as directed MT 16
by Engineer with all men, materials, machinery,etc.
Contact grouting (Cement) at a pressure of 5 kg per Sqm cms for ground improvement or filling of voids and cavities using suitable MT
materials and mixtures as appropriate as per specifications and as directed by Engineer with all men, materials, machineryetc. including
12.4 drilling of holes and inserting pipes for contact 16
grouting.
Drilling of holes upto 100 mm dia holes in rock or shotcrete lining as weep holes / relief holes of required length in any direction as per
12.5 approved drawings & specifications and as directed by Engineer including fixing necessary PVC perforated pipes with all men, material, Rmt 672
machinery etc.
SCHEDULE - E: DRAINAGE AND MISCELLANEOUS WORKS
Providing and installing HDPE pipes with all accessories of following diameters in the tunnel as per
13
approved drawings and specifications and as directed by Engineer-in-Charge.
13.1 110 mm internal diameter Half Perforated HDPE pipe for GSB drainage. Rmt 510
Exploratory drilling and drainage holes up to 35 m length, 10m overlap as per approved drawings & specification or as directed
14 by Engineer (in tunnel & open excavation). Horizontal / sub horizontal in all Rmt 1,000
kind of rocks/soil , Diameter equal or greater than 50 mm.
SCHEDULE - F: GROUTING FOR SOIL
BOQ for Additional Work at Jaganathpur B Incline Drivage
Sr. No. Description of Item Unit Quantity
Drilling of holes of upto 55mm dia, deep inside soil for pressure/consolidation cement grouting including fixing necessary pipes and cost of
15 pipes etc. as per specification and approved drawings or as directed by Rmt 5,886
the Engineer in charge with all men, material, machinery etc.
Providing and installing 55 mm PVC pores pipes with all accessories in the tunnel as per approved Rmt 5,886
16
drawings and specifications and as directed by Engineer-in-Charge.
Cement grouting at a pressure of 7 kg per Sqm cms for ground improvement or filling of voids and cavities using suitable materials and
17 mixtures as appropriate as per specifications and as directed by Engineer with MT 1,442
all men, materials, machinery,etc.
18 WPT Test in Grouting Holes Nos 32
19 Flushing of Holes followed by Grouting Kg 2,14,000
20 Packing of Grouted Holes Nos 214
Scope of Supply of
Scope of Supply of
Scope Matrix for Additional Work at Jaganathpur B Incline Drivage Required Materials
Manpower &
Machineries
Sr. No. Description of Item Contr. Co. Contr. Co.
SCHEDULE - A: OPEN EXCAVATION
Shotcreting with designed mix cement concrete M25 as per specifications for thickness as specified in the drawing and as
directed by Engineer-in‐Charge in cutting slopes, including all materials, labour, equipments, etc, required for
1 complete job The work includes cost of production & application of shotcrete by using shotcrete machine, designing the √ × √ ×
concrete mix, removal of rebound, curing and finishing the exposed surface including any other incidental work as a
complete job.
Supply, drilling, installation and grouting of ordinary rockbolts of 25mm diameter and specified length in cutting slopes as per
approved drawings & specifications and as directed by Engineer‐in‐Charge. The rate shall include costs of all materials, labour,
2
equipments, staging or platform etc. required for the complete √ × √ ×
job.

2.1 L=4.0m √ × √ ×
Supply and placing of 100x100x6mm welded wire fabric of Fe500 (steel wire fabric conforming to IS: 1566 1957) as
reinforcement in roof and side walls of tunnel as per approved drawings and specifications and as directed by
3
Engineer‐in‐Charge. The rate shall include all labour, materials, cost of pins, hooks, lead, lift, handling, wastage complete with √ × √ ×
contractor’sown equipment for complete job.
Note: The above activities would be required to be executed, depending on the stability of the excavated slopes of the Box Cut
SCHEDULE - B: ROCK BOLTS, WIRE MESH AND OTHER STEEL SUPPORTS
Supply, drilling hole, installation and grouting of forepoling as per approved drawings & specifications or as directed by
4 Engineer. The rate shall include costs of all materials, labour, equipments etc. required for
the complete iob.
4.1 Reinforcement bars, dia. 32 mm of length 6m. × √ √ ×
Fabrication and erection of lattice girders and all accessories including all lead, lift, wastage, storing, drilling holes,
fixing in phases etc. and installation of accessories for joining the lattice girder segments as per approved workshop drawings of
5 contractor & specification or as directed by Engineer. The rate shall include costs of all materials, labour, equipment, etc. √ × √ ×
required for the complete job including additional cost
for enlargement of top heading footing.
SCHEDULE - C: SUPPORT SYSTEM & CONCRETE
Production, supply and application of Initial Sprayed Concrete of M25 grade with crystaline admixture as per mix design,
having 10mm maximum size of aggregates, having minimum compressive strength of 300kg/sq. cm after 28 days (400
kg of cement per cum) of required thickness including preparation and cleaning of surfaces, placing of plug gauges
6
for control of layer thickness and removal of rebound, temporary protection, admixtures and curing except √ × √ ×
reinforcement and admixtures but including other materials, if any, as per specifications and drawings or as directed by the
Engineer.
7 Supply and mixing in Shortcrete concrete of poly fibre √ × √ ×
Scope of Supply of
Scope of Supply of
Scope Matrix for Additional Work at Jaganathpur B Incline Drivage Required Materials
Manpower &
Machineries
Sr. No. Description of Item Contr. Co. Contr. Co.
Production, supply and application of Final Sprayed Concrete of M25 grade with crystaline admixture as per mix design,
having 10mm maximum size of aggregates, having minimum compressive strength of 300kg/sq. cm after 28 days (400
kg of cement per cum) of required thickness including preparation and cleaning of surfaces, placing of plug gauges
8
for control of layer thickness and removal of rebound, temporary protection, admixtures and curing except √ × √ ×
reinforcement and admixtures but including other materials, if any, as per specifications and drawings or as directed by the
Engineer.
Providing and laying Cement concrete M-25 approved Design mix with well graded broken stone aggregate of approved quality
with 6mm to 20mm size and sand of approved quality for lining of side walls, arch roof of tunnel, invert and pockets etc. by
approved mechanical means such as concrete pump, placer or similar equipments specifications and as per approved
drawings with contractor’s own materials (except reinforcement steel) including cement, aggregates, admixture, labour,
9 tools, plants and machinery including supplying, fixing and removing of form work, centering, scaffolding, bailing out water by √ × √ ×
gravity, shoring and timbering and such other measures wherever necessary, machine mixing of all ingredients, vibrating
including curing, final rendering after stripping of form work with all lead, lift, ascent and descent etc. complete in
all respect as per drawing and special specifications and also as directed by the Engineer at site.

SCHEDULE - D: WATER PROOFING, DRILLING & GROUTING


Providing, laying and fixing of protective felt (geotextile) with a minimum weight of 500 g/m2 for protection of the
waterproofing membranes and drainage on the finished outer lining surface including the cost of all materials, labour,
10
equipment's, etc. required for the completion of job, as per specifications and as directed by the Engineer in Charge. √ × √ ×

Providing, placing, welding of 2 mm thick PVC or ECB water proofing membrane including the cost of all
11 materials, labour, equipment's, etc. required for the completion of job as per specifications or as directed by Engineer. √ × √ ×
12 Drilling and Grouting
Drilling of holes of upto 38mm dia, and 5m deep inside concrete or rock for pressure/consolidation cement grouting including
12.1 fixing necessary pipes and cost of pipes etc. as per specification and approved drawings or as directed by the Engineer in charge √ × √ ×
with all men, material, machinery etc.
Pressure grouting (Cement) at a pressure of 7 kg per Sqm cms after every three blast(10m interval) for ground
12.2 improvement using suitable materials and mixtures as appropriate as per specifications and as directed by Engineer with √ × √ ×
all men, materials, machinery,etc.
Pregrouting grouting (Cement) at a pressure of 7 kg per Sqm cms for ground improvement or filling of voids and
12.3 cavities using suitable materials and mixtures as appropriate as per specifications and as directed √ × √ ×
by Engineer with all men, materials, machinery,etc.
Contact grouting (Cement) at a pressure of 5 kg per Sqm cms for ground improvement or filling of voids and cavities using
suitable materials and mixtures as appropriate as per specifications and as directed by Engineer with all men, materials,
12.4
machineryetc. including drilling of holes and inserting pipes for contact √ × √ ×
grouting.
Drilling of holes upto 100 mm dia holes in rock or shotcrete lining as weep holes / relief holes of required length in any
12.5 direction as per approved drawings & specifications and as directed by Engineer including fixing necessary PVC perforated √ × √ ×
pipes with all men, material, machinery etc.
SCHEDULE - E: DRAINAGE AND MISCELLANEOUS WORKS
Scope of Supply of
Scope of Supply of
Scope Matrix for Additional Work at Jaganathpur B Incline Drivage Required Materials
Manpower &
Machineries
Sr. No. Description of Item Contr. Co. Contr. Co.
Providing and installing HDPE pipes with all accessories of following diameters in the tunnel as per
13
approved drawings and specifications and as directed by Engineer-in-Charge.
13.1 110 mm internal diameter Half Perforated HDPE pipe for GSB drainage. √ × √ ×
Exploratory drilling and drainage holes up to 35 m length, 10m overlap as per approved drawings & specification or
14 as directed by Engineer (in tunnel & open excavation). Horizontal / sub horizontal in all √ × √ ×
kind of rocks/soil , Diameter equal or greater than 50 mm.
SCHEDULE - F: GROUTING FOR SOIL
Drilling of holes of upto 55mm dia, deep inside soil for pressure/consolidation cement grouting including fixing necessary
15 pipes and cost of pipes etc. as per specification and approved drawings or as directed by √ × √ ×
the Engineer in charge with all men, material, machinery etc.
Providing and installing 55 mm PVC pores pipes with all accessories in the tunnel as per approved
16
drawings and specifications and as directed by Engineer-in-Charge. √ × √ ×
Cement grouting at a pressure of 7 kg per Sqm cms for ground improvement or filling of voids and cavities using suitable
17 materials and mixtures as appropriate as per specifications and as directed by Engineer with √ × √ ×
all men, materials, machinery,etc.
18 WPT Test in Grouting Holes √ × √ ×
19 Flushing of Holes followed by Grouting √ × √ ×
20 Packing of Grouted Holes √ × √ ×

All Cement, Stone Chips, Aggregates, Admixtures and any other Raw Materials which needs to be consumed to perform the jobs UNDER THE SCOPE OF THE CONTRACTOR
Only 32mm (6 mtr) Rod for Forepoling against Schedule B, Sr. No. 4.1 will be provided by PTPL
1

[ON RS.100/- STAMP PAPER]


DRAFT BANK GUARANTEE: DOMESTIC
GUARANTEE NO.
DATE OF ISSUE :
DATE OF EXPIRY :
DATE OF CLAIM : (90/60/30 DAYS AFTER BG EXPIRY AS PER CASE SCENARIO)
PRINCIPAL :________________________(NAME AND ADDRESS OF SUPPLIERS)
BENEFICIARY :________________________(NAME AND ADDRESS)
GUARANTOR : ________________________(NAME AND ADDRESS)

THIS DEED OF GUARANTEE MADE ON…………………………………..BY


………………………………………………………..BANK (HEREINAFTER CALLED “GUARANTOR”
WHICH EXPRESSION SHALL, WHERE THE CONTEXT SO ADMITS, INCLUDE ITS
ADMINISTRATORS, EXECUTORS, SUCCESSORS-IN-INTEREST AND PERMITTED ASSIGNS) IN
FAVOUR OF …………………………LIMITED”, A REGISTERED COMPANY UNDER THE COMPANIES
ACT, 2013, HAVING ITS REGISTERED OFFICE AT …………………………………………
(HEREINAFTER CALLED “BENEFICIARY” WHICH EXPRESSION SHALL INCLUDE ITS
ADMINISTRATORS, EXECUTORS, SUCCESSORS-IN-INTEREST) WITNESSETH AS FOLLOWS:

WHEREAS,

M/S ………………………………… (SUPPLIER’S NAME) HAVING ITS REGISTERED OFFICE


AT ………………………………………………… (FULL ADDRESS) (HEREINAFTER CALLED
“PRINCIPAL”, WHICH EXPRESSION, AS THE CONTEXT SO PERMITS, SHALL INCLUDE ITS
PROPRIETOR OR PARTNERS AS THE CASE MAY BE AND HIS/THEIR REPRESENTATIVES,
ADMINISTRATORS, EXECUTORS AND SUCCESSORS-IN-INTEREST) HAVE CONTRACTED TO
SUPPLY ………………………………..(PRODUCT) AT……………………………..(PURCHASING
ADDRESS WITH COUNTRY NAME)AS PER PURCHASE ORDER
NO ……………………………..FOR ………………………..(VALUE IN FIGURE AND WORDS) ON THE
TERMS AND CONDITIONS CONTAINED IN THE SAID ORDER (HEREINAFTER FOR THE SAKE OF
BREVITY, REFERRED TO AS THE SAID “CONTRACT”).

Page 1 of 5
2

AND WHEREAS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE SAID
CONTRACT/PURCHASE ORDERS BENIFICIARY HAS AGREED TO PAY TO MATERIAL VALUE
PAYMENT OF …………………… (VALUE IN FIGURE AND WORDS) (I.E., ____% OF THE CONTRACT
VALUE) AS PER THE TERMS OF CONTRACT, AGAINST FURNISHING OF BANK GUARANTEE
FROM A RECOGNIZED BANK IN FAVOUR OF BENIFICIARY BY THE PRINCIPAL WHICH
EXPRESSION, AS THE CONTEXT SO PERMITS, SHALL INCLUDE ITS PROPRIETOR, PARTNERS
AND SISTER CONCERN AND GROUP COMPANY FOR THE EQUIVALENT AMOUNT OF
MATERIAL VALUE AS MENTIONED ABOVE.

AND WHEREAS THE GUARANTOR AT THE REQUEST OF PRINCIPAL HAS AGREED TO GIVE
GUARANTEE IN FAVOUR OF BENIFICIARY ON THE FOLLOWING TERMS AND CONDITIONS:

NOW THEREFORE THIS DEED OF GUARANTEE WITNESSETH AS FOLLOWS:

1. IN CONSIDERATION OF MATERIAL VALUE OF ……………………(VALUE IN FIGURE AND


WORDS) BY BENIFICIARY TO PRINCIPAL, THE GUARANTOR HEREBY GUARANTEES
BENIFICIARY TO PAY IMMEDIATELY ON RECEIPT OF WRITTEN DEMAND FROM THE
BENEFICIARY OR DEMAND THROUGH SFMS/SWIFT FROM BENEFICIARY’S BANK
WITHOUT ANY DEMUR, RESERVATION, CAVEAT, PROTEST OR RECOURSE, IMMEDIATELY
ON RECEIPT OF DEMAND FROM BENIFICIARY FOR SUCH AMOUNT OR AMOUNTS AS THE
GUARANTOR MAY BE CALLED UPON TO PAY, SUCH SUM OR SUM (BY WAY OF ONE OR
MORE CLAIMS) IN ANY EVENT NOT EXCEEDING IN AGGREGATE THE AMOUNT
OF …………………… (VALUE IN FIGURE AND WORDS) GUARANTEED WITHOUT THE
BENEFICIARY NEEDING TO PROVE OR TO SHOW TO THE BANK GROUNDS OR REASONS
FOR SUCH DEMAND FOR THE SUM SPECIFIED THEREIN AND NOTWITHSTANDING ANY
DISPUTE OR DIFFERENCE BETWEEN THE BENEFICIARY AND THE PRINCIPAL ON ANY
MATTER WHATSOEVER.

2. THE GUARANTOR UNDERTAKES TO PAY BENIFICIARY ANY MONEY SO DEMANDED


NOTWITHSTANDING ANY DISPUTE OR DISPUTES RAISED BY THE PRINCIPAL THE
GUARANTOR FURTHER AGREES THAT THIS GUARANTEE SHALL CONSTITUTE AN
INDEPENDENT AND AUTONOMOUS CONTRACT BETWEEN THE GUARANTOR AND
SUPPLIER AND SHALL NOT IN ANY WAY BE AFFECTED BY ANY DISPUTE OR DIFFERENCE

Page 2 of 5
3

BETWEEN PURCHEASE AND THE SUPPLIER UNDER / AND IN CONNECTION RELATED


MATTERS THEREUNDER INCLUDING ANY APPEAL AND PROCEEDINGS AGAINST THE
ARBITRATION AWARD. THE BANK’S LIBILITY UNDER THE PRESENT BEING ABSOLUTE
AND UNEQUIVOCAL.

3. ANY PAYMENT MADE HEREUNDER SHALL BE MADE FREE AND CLEAR OF AND WITHOUT
DEDUCTION FOR, OR ON ACCOUNT OF, ANY PRESENT OR FUTURE TAXES, LEVIES,
IMPOSTS, DUTIES, CHARGES, FEES, COMMISSIONS, DEDUCTIONS OR WITHHOLDINGS OF
ANY NATURE WHATSOEVER

4. THE GUARANTOR FURTHER UNDERTAKES THAT THIS GUARANTEE SHALL BE KEPT


VALID AND BINDING ON THE BANK FROM THE TIME THE BANK GUARANTEE IS GIVEN
UNTIL THE DATE SPECIFIED IN THE RELEVANT CLAUSE OF THE BANK GUARANTEE. THE
BANK GUARANTEE SHALL BE VALID TILL THE DATE OF CLAIM …………… AS GIVEN
BELOW.

5. THE BANK GUARANTEE SHALL NOT BE TERMINABLE BY NOTICE OR ANY CHANGE IN


THE CONSTITUTION OF THE BANK OR FOR ANY REASON WHATSOEVER WITH OR
WITHOUT OUR KNOWLEDGE OR CONSENT. THE LIABILITY OF THE GUARANTOR HEREIN
SHALL NOT BE IMPAIRED OR DISCHARGED BY ANY EXTENSION OF TIME OR VARIATIONS
OR ALTERATIONS MADE, GIVEN, CONCEDED OR AGREED BETWEEN BENIFICIARY AND
PRINCIPAL.

6. THE GUARANTOR FURTHER UNDERTAKES NOT TO REVOKE THIS GUARANTEE DURING


ITS VALIDITY WITHOUT THE WRITTEN CONSENT OF THE BENIFICIARY. THE
GUARANTOR CONFIRMS THAT A LETTER FROM THE SUPPLIER UNDER THE SIGNATURE
OF ITS AUTHORIZED SIGNATORY THAT THERE HAS BEEN A DEFAULT / FAILURE ON THE
PART OF PURCHEASE TO COMPLY WITH THE DIRECTIONS ISSUED BY IN THE PURCHASE
ORDER/ AGREEMENT SHALL RELEASE THE FUND WITHOUT ANY OTHER OR FURTHER
PROOF BE FINAL, CONCLUSIVE AND BINDING ON THE BANK. IN CASE OF ANY DELAY IN
MAKING THE PAYMENT AFTER 24 HOURS FROM THE TIME OF RECEIPT OF THE LETTER,
“THE BANK” WILL PAY THE INTEREST @ 14.5% PER ANNUM TO “BENEFICIARY”.

Page 3 of 5
4

7. THIS GUARANTEE/UNDERTAKING SHALL BE A CONTINUING GUARANTEE/


UNDERTAKING FROM THE PURCHASER (HEREINAFTER SHALL EXPRESSION AS THE
CONTEXT SO PERMITS, SHALL INCLUDE OF SUBSIDIARY/SISTER CONCERN AND THEIR
REPRESENTATIVES AND SHALL REMAIN VALID, UNCONDITIONAL AND IRREVOCABLE
FOR ALL CLAIMS BY SUPPLIER REGARDING THE PURCHASE ORDER/ AGREEMENT.

8. THIS GUARANTEE SHALL BE VALID FROM ITS ISSUANCE AND REMAIN VALID UNTIL
…………………….. (EXPIRY DATE). ANY DEMAND IN RESPECT OF THIS GUARANTEE
SHOULD REACH US AT OUR BRANCH ………………….. (KOLKATA BRANCH ADDRESS) ON
OR BEFORE THE ……………… (CLAIM DATE).

9. THE BANK HEREBY WAIVES THE NECESSITY FOR THE BENEFICIARY FROM DEMANDING
THE AFORESAID AMOUNT OR ANY PART THEREOF FROM THE PRINCIPAL AND ALSO
WAIVES ANY RIGHT THAT THE BANK MAY HAVE OF FIRST REQUIRING THE BENEFICIARY
TO PURSUE ITS LEGAL REMEDIES AGAINST THE PRINCIPAL, BEFORE PRESENTING ANY
DEMAND TO THE BANK FOR PAYMENT UNDER THIS GUARANTEE.

10. THIS BANK GUARANTEE SHALL BE IN ADDITION TO ANY OTHER GUARANTEE OR


SECURITY THAT BENIFICIARY MIGHT HAVE OBTAINED EARLIER OR MIGHT BE
OBTAINING IN FUTURE, RELATING TO THE PRINCIPAL’S OBLIGATIONS, LIABILITIES UNTO
BENIFICIARY UNDER OR IN CONNECTION WITH THE SAID CONTRACT OR ANY OTHER
CONTRACT. BENIFICIARY SHALL HAVE THE ABSOLUTE AUTHORITY TO ENFORCE THIS
GUARANTEE IN PREFERENCE TO SUCH OTHER GUARANTEES OR SECURITIES AT ITS SOLE
DISCRETION AND NO FAILURE ON THE PART OF BENIFICIARY IN ENFORCING ANY
OTHER GUARANTEE/SECURITY SHALL HAVE THE EFFECT OF RELEASING OF THE SURETY
FROM ITS FULL LIABILITIES UNDER THIS GUARANTEE.

11. THE GUARANTEE/UNDERTAKING SHALL NOT BE DETERMINED OR AFFECTED BY THE


LIQUIDATION OR WINDING UP, DISSOLUTION OR CHANGE OF CONSTITUTION OR
INSOLVENCY OF THE PRINCIPAL BUT SHALL IN ALL RESPECT AND FOR ALL PURPOSES BE
BINDING AND OPERATIVE UNTIL PAYMENT OF ALL MONEY PAYABLE TO BENIFICIARY IN
TERMS THEREOF.

Page 4 of 5
5

12. THE SUPPLIER SHALL BEAR THE STAMP DUTY IN RESPECT OF THIS INSTRUMENT.

13. THOUGH THIS IS A CONTINUING GUARANTEE OUR LIABILITY UNDER THIS DEED OF
GUARANTEE IS RESTRICTED TO A SUM OF ………………….…… (VALUE IN FIGURE AND
WORDS), AND OUR GUARANTEE SHALL REMAIN IN FORCE UNTIL THE CLAIM DATE OF
GUARANTEE. AFTER THE CLAIM DATE ALL RIGHTS OF BENIFICIARY UNDER THE SAID
GUARANTEE SHALL BE RELIEVED OR DISCHARGED FROM ALL LIABILITY THERE UNDER.

WE REPEAT THAT NOTWITHSTANDING ANYTHING HEREIN CONTAINED, OUR LIABILITY


UNDER THE GUARANTEE SHALL BE LIMITED TO A SUM EXCEEDING …………………… (VALUE
IN FIGURE AND WORDS),

STAND COMPLETELY DISCHARGED AND ALL YOUR RIGHTS UNDER THIS GUARANTEE SHALL
BE EXTINGUISHED IF NO CLAIM OR DEMAND IS MADE UPON US IN WRITING AND RECEIVED
BY US ON OR BEFORE___________ AT OUR BRANCH LOACTED AT ……………(KOLKATA).

THIS BANK GUARANTEE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH


THE LAWS OF THE INDIA. THE COURTS OF KOLKATA HAVE EXCLUSIVE JURISDICTION TO
SETTLE ANY DISPUTE AND/OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS BANK
GUARANTEE.

IN WITNESS WHEREOF THE GUARANTOR HAS EXECUTED THIS DEED OF GUARANTEE ON THE
DATE MONTH AND YEAR HEREIN ABOVE MENTIONED.

Note:
a) BG opening confirmation to be advised under SFMS / Swift (as per case scenario).
b) Operable Clause at Kolkata Branch Necessary. I.e., written demand will be submitted at any
local branch of Kolkata.
c) In case of foreign party, BG will be advised under Swift and demand under BG will be made
under swift arrangement.
d) Advising Bank detail will be taken from Banking Division.

Page 5 of 5
1

[ON RS.100/- STAMP PAPER]

DRFAT - PERFORMANCE BANK GUARANTEE


GUARANTEE NO.
DATE OF ISSUE :
DATE OF EXPIRY :
DATE OF CLAIM :
PRINCIPAL :
BENEFICIARY :
GUARANTOR :

THIS DEED OF GUARANTEE MADE ON…………………………………..BY ________________ (HEREINAFTER


CALLED “GUARANTOR” WHICH EXPRESSION SHALL, WHERE THE CONTEXT SO ADMITS, INCLUDE ITS AD-
MINISTRATORS, EXECUTORS, SUCCESSORS-IN-INTEREST AND PERMITTED ASSIGNS) IN FAVOUR OF
___________________________”, A REGISTERED COMPANY UNDER THE COMPANIES ACT, ______,
HAVING ITS REGISTERED OFFICE AT ___________________________________, WEST BENGAL (HERE-
INAFTER CALLED “BENEFICIARY” WHICH EXPRESSION SHALL INCLUDE ITS ADMINISTRATORS, EXECU-
TORS, SUCCESSORS-IN-INTEREST) WITNESSETH AS FOLLOWS:

WHEREAS,

____________________________ (SUPPLIER’S NAME) HAVING ITS REGISTERED OFFICE AT


_________________________________________ (FULL ADDRESS) (HEREINAFTER CALLED “PRINCIPAL”,
WHICH EXPRESSION, AS THE CONTEXT SO PERMITS, SHALL INCLUDE ITS PROPRIETOR OR PARTNERS AS
THE CASE MAY BE AND HIS/THEIR REPRESENTATIVES, ADMINISTRATORS, EXECUTORS AND SUCCESSORS-
IN-INTEREST) HAVE CONTRACTED TO SUPPLY OF ___________________________________ (PRODUCT)
AT ___________________________, WEST BENGAL (PURCHASING ADDRESS WITH COUNTRY NAME). AS
PER PURCHASE ORDER NO ________________. FOR RS. ________________ (RUPEES
_____________________ONLY) (VALUE IN FIGURE AND WORDS) ON THE TERMS AND CONDITIONS
CONTAINED IN THE SAID ORDER (HEREINAFTER FOR THE SAKE OF BREVITY, REFERRED TO AS THE SAID
“CONTRACT”).

AND WHEREAS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE SAID CONTRACT, THE
PRINCIPAL HAS AGREED TO FURNISH PERFORMANCE BANK GUARANTEE FROM A RECOGNIZED BANK TO
BENIFICIARY FOR RS. _________________ (RUPEES THREE LAKHS SEVENTYFIVE THOUSAND ONLY) (VAL-
UE IN FIGURE AND WORDS) (I.E., 10% OF THE CONTRACT VALUE) AS SECURITY FOR COMPLIANCE WITH
PRINCIPAL’S PERFORMANCE OBLIGATIONS IN ACCORDANCE WITH THE CONTRACT.

Page 1 of 4
2

AND WHEREAS THE GUARANTOR AT THE REQUEST OF PRINCIPAL HAS AGREED TO GIVE GUARANTEE IN
FAVOUR OF BENIFICIARY ON THE FOLLOWING TERMS AND CONDITIONS:

NOW THEREFORE THIS DEED OF GUARANTEE WITNESSETH AS FOLLOWS:

1. IN CONSIDERATION OF MATERIAL VALUE OF ……………………(VALUE IN FIGURE AND WORDS) BY


BENIFICIARY TO PRINCIPAL, THE GUARANTOR HEREBY GUARANTEES BENIFICIARY TO PAY IMMEDI-
ATELY ON RECEIPT OF WRITTEN DEMAND FROM THE BENEFICIARY OR DEMAND THROUGH
SFMS/SWIFT FROM BENEFICIARY’S BANK WITHOUT ANY DEMUR, RESERVATION, CAVEAT, PROTEST
OR RECOURSE, IMMEDIATELY ON RECEIPT OF DEMAND FROM BENIFICIARY FOR SUCH AMOUNT OR
AMOUNTS AS THE GUARANTOR MAY BE CALLED UPON TO PAY, SUCH SUM OR SUM (BY WAY OF
ONE OR MORE CLAIMS) IN ANY EVENT NOT EXCEEDING IN AGGREGATE THE AMOUNT OF
……………………(VALUE IN FIGURE AND WORDS) GUARANTEED WITHOUT THE BENEFICIARY NEEDING
TO PROVE OR TO SHOW TO THE BANK GROUNDS OR REASONS FOR SUCH DEMAND FOR THE SUM
SPECIFIED THEREIN AND NOTWITHSTANDING ANY DISPUTE OR DIFFERENCE BETWEEN THE BENEFI-
CIARY AND THE PRINCIPAL ON ANY MATTER WHATSOEVER.

2. THE GUARANTOR UNDERTAKES TO PAY BENIFICIARY ANY MONEY SO DEMANDED NOTWITH-


STANDING ANY DISPUTE OR DISPUTES RAISED BY THE PRINCIPAL IN ANY SUIT OR PROCEEDING
PENDING BEFORE ANY COURT OR TRIBUNAL RELATING THERETO THE BANK’S LIABILITY UNDER THIS
PRESENT BEING UNCONDITIONAL, ABSOLUTE AND UNEQUIVOCAL.

3. ANY PAYMENT MADE HEREUNDER SHALL BE MADE FREE AND CLEAR OF AND WITHOUT DEDUC-
TION FOR, OR ON ACCOUNT OF, ANY PRESENT OR FUTURE TAXES, LEVIES, IMPOSTS, DUTIES,
CHARGES, FEES, COMMISSIONS, DEDUCTIONS OR WITHHOLDINGS OF ANY NATURE WHATSOEVER.

4. THE GUARANTOR FURTHER UNDERTAKES THAT THIS GUARANTEE SHALL BE KEPT VALID AND
BINDING ON THE BANK FROM THE TIME THE BANK GUARANTEE IS GIVEN UNTIL THE DATE SPECI-
FIED IN THE RELEVANT CLAUSE OF THE BANK GUARANTEE.

5. THE BANK GUARANTEE SHALL NOT BE TERMINABLE BY NOTICE OR ANY CHANGE IN THE CON-
STITUTION OF THE BANK OR FOR ANY REASON WHATSOEVER. THE LIABILITY OF THE GUARANTOR
HEREIN SHALL NOT BE IMPAIRED OR DISCHARGED BY ANY EXTENSION OF TIME OR VARIATIONS OR
ALTERATIONS MADE, GIVEN, CONCEDED OR AGREED BETWEEN BENIFICIARY AND PRINCIPAL.

6. THE GUARANTOR FURTHER UNDERTAKES NOT TO REVOKE THIS GUARANTEE DURING ITS VALID-
ITY WITHOUT THE WRITTEN CONSENT OF THE BENIFICIARY.
Page 2 of 4
3

7. THIS GUARANTEE SHALL BE VALID FROM ITS ISSUANCE AND REMAIN VALID UNTIL
____________________ (EXPIRY DATE). ANY DEMAND IN RESPECT OF THIS GUARANTEE SHOULD
REACH US AT OUR BRANCH ____________ (KOLKATA BRANCH ADDRESS) ON OR BEFORE THE
______________________ (CLAIM DATE).

8. THE BANK HEREBY WAIVES THE NECESSITY FOR THE BENEFICIARY FROM DEMANDING THE
AFORESAID AMOUNT OR ANY PART THEREOF FROM THE PRINCIPAL AND ALSO WAIVES ANY RIGHT
THAT THE BANK MAY HAVE OF FIRST REQUIRING THE BENEFICIARY TO PURSUE ITS LEGAL REME-
DIES AGAINST THE PRINCIPAL, BEFORE PRESENTING ANY DEMAND TO THE BANK FOR PAYMENT
UNDER THIS GUARANTEE.

9. THE GUARANTEE SHALL REMAIN VALID TILL ____________ UNLESS A DEMAND UNDER THIS
GUARANTEE IS RECEIVED BY THE BANK ON OR BEFORE THAT DATE, ALL THE RIGHTS OF THE SUP-
PLIER UNDER THIS GUARANTEE SHALL BE FORFEITED AND THE BANK SHALL BE RELEASED AND DIS-
CHARGED FROM ALL LIABILITIES HEREUNDER.

10. THE GUARANTEE/UNDERTAKING SHALL NOT BE DETERMINED OR AFFECTED BY THE LIQUIDA-


TION OR WINDING UP, DISSOLUTION OR CHANGE OF CONSTITUTION OR INSOLVENCY OF THE
PRINCIPAL BUT SHALL IN ALL RESPECT AND FOR ALL PURPOSES BE BINDING AND OPERATIVE UNTIL
PAYMENT OF ALL MONEY PAYABLE TO BENIFICIARY IN TERMS THEREOF.

11. THE SUPPLIER SHALL BEAR THE STAMP DUTY IN RESPECT OF THIS INSTRUMENT.

12. THOUGH THIS IS A CONTINUING GUARANTEE OUR LIABILITY UNDER THIS DEED OF GUARANTEE
IS RESTRICTED TO A SUM OF RS._____________ (RUPEES ________________ONLY). AFTER THE
CLAIM DATE ALL RIGHTS OF BENIFICIARY UNDER THE SAID GUARANTEE SHALL BE RELIEVED OR DIS-
CHARGED FROM ALL LIABILITY THERE UNDER.

WE REPEAT THAT NOTWITHSTANDING ANYTHING HEREIN CONTAINED, OUR LIABILITY UNDER THE
GUARANTEE SHALL BE LIMITED TO A SUM NOT EXCEEDING RS._______________ (RUPEES
______________________ ONLY), STAND COMPLETELY DISCHARGED AND ALL YOUR RIGHTS UNDER
THIS GUARANTEE SHALL BE EXTINGUISHED IF NO CLAIM OR DEMAND IS MADE UPON US IN WRITING
AND RECEIVED BY US ON OR BEFORE ____________________ AT OUR BRANCH LOACTED AT
________________(KOLKATA).

Page 3 of 4
4

THIS BANK GUARANTEE SHALL BE GOVRNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
INDIA. THE COURTS OF KOLKATA HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE AND/OR
CLAIM ARISNG OUT OF OR IN CONNECTION WITH THIS BANK GUARENTEE

IN WITNESS WHEREOF THE GUARANTOR HAS EXECUTED THIS DEED OF GUARANTEE ON THE DATE
MONTH AND YEAR HEREIN ABOVE MENTIONED.

Note:
a) BG opening confirmation to be advised under SFMS / Swift (as per case scenario).
b) Operable Clause at Kolkata Branch Necessary. I.e., written demand will be submitted at any
local branch of Kolkata.
c) In case of foreign party, BG will be advised under Swift and demand under BG will be made
under swift arrangement.
d) Advising Bank detail will be taken from Banking Division.

Page 4 of 4
CONFIDENTIAL

NON-DISCLOSURE AGREEMENT

BY AND BETWEEN

Powerplus Traders Private Limited

(“Disclosing Party”)

AND

XYZ CONSULTANTS

(“Receiving Party”)
NON-DISCLOSURE AGREEMENT

THIS NON-DISCLOSURE AGREEMENT (“Agreement”) is made and executed at Kolkata


on ………………………;

BY AND BETWEEN

POWERPLUS TRADERS PRIVATE LIMITED, (CIN: U10100WB2012PTC183435), a


Company incorporated under the Companies Act, 1956 having its Registered Office at Premlata
Building, 39, Shakespeare Sarani, 6th Floor, Kolkata, India (hereinafter referred to as “Disclosing
Party”) which expression shall, unless it be repugnant to the context or meaning thereof, be
deemed to mean and include its successors and permitted assigns;

AND

YYZ Consultants, a Company / Firm / Individual Co. (registration details to be provided),


having its office situated at,
………………………………………………………………………..(hereinafter referred to as
“Receiving Party”) which expression shall, unless it be repugnant to the context or meaning thereof,
be deemed to mean and include his legal heir, successors and permitted assigns.

Disclosing Party and Receiving Party are hereinafter collectively referred to as “Parties” and
individually as “Party”.

WHEREAS:
A. The Disclosing Party is engaged in the business of mining of coal and minerals and
allied business activities.

B. The Receiving Party is engaged in providing technical / techno-economic consultancy


services in the field of mining and allied industries

C. Each of Disclosing Party and Receiving Party is interested in a potential business


relationship with each other. Therefore, the Parties are initially desirous of and will be
required to exchange information with regard to potential business relationship
(“Purpose”).

D. During their discussions and other communications, the Disclosing Party and/or any
of its Associates (as defined below) will disclose information to the Receiving Party
and/or any of its Associates which the Disclosing Party deems confidential, privileged
or trade secrets and which is summarized in a writing sent by the Disclosing Party to
the Receiving Party. Receiving Party agrees that, it should not copy, disclose or use the
Confidential Information (as defined herein below) except in accordance with this
Agreement.

E. The Parties are willing to execute this Agreement in exchange for the opportunity to
transact business with the other Party.

In consideration of the benefits to be derived by the Parties hereunder, the promises


contained herein and for other good and valuable consideration, the sufficiency of which is

1
hereby acknowledged by each Party, the Parties hereby agree and covenant as follows:

1. The Parties agree that the recitals, annexures or schedules shall form an integral and
operative part of this Agreement.

2. DEFINITIONS & INTERPRETATION

2.1 Definitions

“Affiliate” means means any subsidiary or holding company, or any other


subsidiary of any holding company, of a party, and for the purposes of this
definition, a company is a “subsidiary” of another company, its “holding company”,
if that other company:
(a) holds a majority of the voting rights in it, or
(b) is a member of it and has the right to appoint or remove a majority of its board
of directors, or
(c) is a member of it and controls alone, pursuant to an agreement with other
members, a majority of the voting rights in it.

“Associates” shall mean the principals, partners, officers, directors, shareholders,


Affiliates, employees, subsidiaries, and affiliated companies, subcontractors, agents,
representatives, and other affiliates of a Party;

“Authorised Person” means an officer or employee of a Party or its Affiliate who


receives the Confidential Information or other persons, who may be third parties,
whom a Party deems necessary to know the Confidential Information;

“Confidential Information” shall mean as defined in Clause 3 herein of this


Agreement;

“Effective Date” shall be ………………………

“Personnel” shall mean all employees including the directors, officers, advisors,
consultants and any person by whatever name called engaged by or agents of
Recipient who have access to the Confidential Information directly or indirectly;

“Purpose” shall have the meaning ascribed to it in Recital C;

2.2 Interpretation
(a) Words importing the singular include the plural and vice versa and words
importing a gender include the other gender.
(b) The word “person” or “party” includes a firm, body corporate,
unincorporated association or authority.
(c) A reference to a thing is a reference to the whole and each part of it.
(d) Where a word or phrase is given a particular meaning, other parts of speech
and grammatical forms of that word or phrase have corresponding meanings.

3. CONFIDENTIAL INFORMATION
3.1 As used herein, “Confidential Information” shall mean any information, materials

2
and communications, whether written or electronic or oral or in any other form or
format (including, without limitation, any written memorials or summaries of, or
notes about, oral communications which contain Confidential Information (as
defined herein) which have been or are directly or indirectly disclosed by the
Disclosing Party to the Receiving Party which are:
(a) confidential, privileged or proprietary in nature;
(b) designated in writing or by stamp by the Disclosing Party as being
“Confidential Information”; or
(c) any identification or description of the Disclosing Party’s non-public current
or proposed business activities, inventions and discoveries (whether
patentable or otherwise), methods or know‐how, processes, marketing
studies, projections, mailing lists, procedure manuals, computer software,
designs, trade secrets, patents, copyrights, marketing plans, prototypes,
models, source codes, object codes, technical or non‐technical data, formulae,
compilations, devices, drawings, lists of actual or potential customers,
suppliers, or employees, project reports, business opportunities, proposals
writings, drawings, financial data, financial models, computer software,
related documentation of all kinds and related hardware, arithmetic
processes and related advertising, concept, and strategy, and any variations,
customers, suppliers, investors, funding sources, documentation, joint
venture, or strategic alliances, deals or transactions.

3.2 Confidential information shall also include


(a) any data, information and or other material gathered or collected by the
Receiving Party in order to discharge contractual requirements agreed with
the Disclosing Party;
(b) the contents of any documents, reports or other deliverables created as part
of contractual obligation of the Receiving Party.

3.3 Confidential Information shall not include any such information that:
(a) prior to disclosure, is known to the public, or after disclosure, becomes
generally known or available to the public through no act or omission of the
Receiving Party in violation of this Agreement;
(b) is already known to the Receiving Party, without any restriction as to use or
disclosure and was properly obtained by the Receiving Party prior to the
effective date of this Agreement;
(c) is independently developed by the Receiving Party without reference or
access to or use of the Confidential Information of the Disclosing Party; or
(d) is, or subsequently becomes, rightfully and without breach of this
Agreement, in the possession of the Receiving Party a source which was
never under a duty of confidentiality with regard to such Confidential
Information and was lawfully entitled to disclose such Confidential
Information;
(e) disclosure of which is required by law or by order of a court of competent
jurisdiction.

4. OBLIGATION TO TREAT AS CONFIDENTIAL


4.1 Receiving Party shall:
(a) keep the Confidential Information as confidential, except to the extent
disclosure is authorised by this Agreement;

3
(b) take all reasonable precautions to preserve the confidentiality of the
Confidential Information, including but not limited to:
(i) complying with security measures designed to safeguard the
Confidential Information from unauthorised access and/or use;
(ii) keep the Confidential Information under its and its Associates’ strict
control;
(iii) immediately notify the other Party if it, or any of its officers or
employees, suspects or is aware the Confidential Information is being
copied, disclosed or used in violation of the terms of this Agreement.
(c) hold the Confidential Information, in strict confidence and shall treat as
valuable and protected from disclosure in any way to any person or entity
that is not a “Party” to this Agreement.
(d) not disclose such Confidential Information to any third Parties except as
contemplated under this Agreement;

4.2 In the case of Confidential Information that is disclosed only orally, the Disclosing
Party shall, within seven days after such disclosure, deliver to the Receiving Party a
brief written description of such Confidential Information; identifying the place and
date of such oral disclosure and the names of the representatives of the Receiving
Party to whom such disclosure was made. It is expected that such information will
bear a legend or label of “Confidential” or other similar designation manifesting
intent that the information is confidential.

4.3 Notwithstanding Clause 4.1, Receiving Party may:


(a) use the Confidential Information in accordance with the terms of this
Agreement;
(b) disclose the Confidential Information to Authorised Persons and if required
in the performance of the Services, to third parties, such as insurance
companies or other insurance intermediaries, after having advised them of
the confidential nature of the information and requesting that they treat the
Confidential Information accordingly; and
(c) with the prior written consent of the Disclosing Party, disclose the
information;

4.4 Receiving Party, if it has a legal obligation to disclose the Confidential Information
to a third party or any Government authority or any court jurisdiction under Clause
4.2 (b), shall at first instance intimate the Disclosing Party for the same. Thereafter
the Receiving Party, in consent with the Disclosing Party, may disclose such
Confidential Information as required and make reasonable efforts to preserve the
confidentiality of the Confidential Information, including but not limited to
cooperating with the other party to obtain an appropriate order or other reliable
assurance that the confidentiality of the Confidential Information will be preserved
by the third party.

4.5 The Receiving Party agrees, understands, and acknowledges that unauthorized
disclosures of Confidential Information would have a significant, adverse impact, if
not a ruinous impact, on the business of the Disclosing Party.

4.6 The Receiving Party agrees that it will not use any Confidential Information in any
manner that constitutes bad faith, is materially detrimental to the Disclosing Party’s
best interests, or benefits the Receiving Party or its associates to the detriment of the

4
Disclosing Party. The Receiving Party shall not use any Confidential Information to
start a business enterprise, joint venture, marketing campaign, operation, or any
other form of business, marketing or advertising that competes directly with the
proposed businesses of the Disclosing Party.

4.7 Disclosing Party may at any time by written notice ask the Receiving Party to
provide copies of the Confidential Information in its possession, whether given to it
by the Disclosing Party or created by the recipient under this Agreement. Receiving
Party must comply with the notice as soon as is reasonably practicable.

4.8 Any part of the Confidential Information that cannot conveniently be returned to the
Disclosing Party will be destroyed in the way reasonably directed by the Disclosing
Party. The Receiving Party is not required to destroy computer back-up files on
which Confidential Information may be stored, but may hand over the files in its
original form and form derived out of it, to the Disclosing Party.

4.9 Receiving Party shall limit its disclosure of the Confidential Information to its
Personnel on a need to know basis and who shall agree to comply with the
restrictions set forth in this Agreement, provided that Receiving Party shall be solely
responsible for any failure of its Personnel to comply with the restrictions contained
in this Agreement.

4.10 The Receiving Party confirms that Confidential Information shared with them, shall
primarily be known only to any one or more of the levels, within their organization,
as indicated below:-
a. Senior Management i.e. Board of Directors to Vice Presidents;
b.Middle Management i.e. General Managers to Managers; and
c.Junior Management i.e. Assistant Managers only.

5. TERM & TERMINATION


5.1 The term of this Agreement shall be 5 years, from the Effective Date (“Term”). This
Agreement can be further renewed by the Disclosing Party at its sole discretion,
which shall be summarised in writing. This Agreement will be no further in force or
in effect, after the expiry or termination of this Agreement.

5.2 The Disclosing Party has the right to terminate this Agreement forthwith during the
Term or renewed term of this Agreement, in case the Receiving Party has done or
acted anything which is contrary to terms and conditions of this Agreement and/or
the Disclosing Party deems necessary to terminate this Agreement.

5.3 Even after termination of this Agreement or anytime thereafter, the Receiving Party
shall not share any Confidential Information to other person without prior consent
of the Disclosing Party subject to Clause 3.2 of this Agreement.

5.4 After Termination of this Agreement, at the discretion of Disclosing Party and
subject to Clause 3.2 of this Agreement, the Parties shall:
(a) maintain those Confidential Information or trade secrets as confidential for
lifetime; or
(b) hand over the Confidential Information to the Disclosing Party in whatsoever

5
form or media it stands.

5.5 However, the termination of this Agreement shall only mean the stoppage of
exchange of Confidential Information and such termination shall not relieve the
Receiving Party of the Confidentiality Obligations for the Confidential Information
received by the Receiving Party and obligations imposed by this entire Agreement.

6. REPRESENTATION & WARRANTIES


The Parties represents and warrants that:
6.1 it has power to execute, deliver and perform its obligations under this
Agreement and all necessary action has been taken to authorise such
execution, delivery and performance;

6.2 the execution, delivery and performance of its obligations under this
Agreement does not and will not:
(a) contravene any law, regulation or order of any governmental or other
official body or agency or any judgment or decree of any court having
jurisdiction over it; or
(b) conflict with or result in any breach or default under any agreement,
instrument, regulation, licence or authorisation binding upon it or any
of its assets; and
6.3 there has been no event or occurrence which might reasonably be expected to
have a material adverse effect on its ability to perform its obligations
hereunder;

6.4 Receiving Party represents and warrants that it has complied with and will
continue to comply with their obligations arising from data protection and
privacy laws in force from time to time to the extent applicable to this
Agreement; and

7. INJUNCTIVE RELIEF
It is understood and agreed that money damages would not be sufficient remedy for
any breach of this Agreement and that the Disclosing Party shall be entitled to
injunctive relief as a remedy for such breach, without prejudice to any other rights or
remedies available to Disclosing Party under the applicable law.

8. SOLE PROPERTY
All Confidential Information remains the sole and exclusive property of the
Disclosing Party. Each Party acknowledges and agrees that nothing in this
Agreement will be construed as granting any rights to the Receiving Party, by
license or otherwise, in or to any Confidential Information of the Disclosing Party, or
any patent, copyright or other intellectual property or proprietary rights of the
Disclosing Party, except as specified in this Agreement. It is also agreed by and
between the Parties that this Agreement shall not grant to either Party any rights in
or to the Party’s Confidential Information, except the limited right to review the
Confidential Information solely for the Purpose between the Parties.

6
9. REMEDIES:
In the event of a breach or threatened breach of this Agreement by a Receiving Party
or those acting on Receiving Party’s behalf, Disclosing Party will have an adequate
remedy at law and shall be entitled to equitable relief, including an injunction or
specific performance in respect of such breach or threatened breach. The election by
the Disclosing Party to seek equitable remedies shall not prohibit the Disclosing
Party from also pursuing any other available remedies, whether legal or equitable in
nature, against the breaching party. In particular, in the event that a Receiving Party
circumvents this Agreement, the Disclosing Party shall be entitled to a legal
monetary penalty equal to the maximum service it should realize from the relevant
transaction damage or loss caused due to the breach of this Agreement. In the case
of any action, the prevailing Disclosing Party shall be entitled to an award of
litigation expenses, interest, and reasonable attorneys’ fees, in addition to any other
remedy obtained.

10. DISCLAIMER
Disclosing Party makes no representation or warranty as to accuracy, completeness,
condition, permanence, non-infringement, suitability or performance of the
information and Disclosing Party shall have no liability whatsoever to Receiving
Party or any other party resulting from its use of or reliance upon the information
and materials

11. INDEMNITY
The Receiving Party further agrees to indemnify the Disclosing Party against all
actual loss and damage which the Disclosing Party may suffer as a result of any
breach of this Agreement by the Receiving Party or their Associates and other third
parties of the Confidential Information. Provided that the Disclosing Party shall
forthwith give written notice to the Receiving Party of the loss and damage, with
adequate justification.

12. NO OTHER RELATIONSHIP


The Parties are independent, and nothing contained in this Agreement shall be
construed to constitute a partnership, joint venture, co-ownership or otherwise
between the Parties or as participation in a joint or common undertaking of the
Parties. This Agreement shall in no way be construed as being an agreement of
partnership or association or employment in such a way that a Party or its Associates
shall have any claim against or rights to the other Party’s or its Associates’ dealings,
ventures, businesses, projects, or opportunities, nor shall any Party be liable for any
other Party’s commitment or liabilities in business or personal dealings or situations.

13. GOVERNING LAW AND DISPUTE RESOLUTION


13.1 The parties hereto would endeavour to amicably resolve any dispute relating to or
arising from any provision of this Agreement or the breach thereof.

7
13.2 This Agreement shall be governed and interpreted by, and construed in accordance
with the laws of India and Courts in Kolkata shall have primary jurisdiction over all
issues arising from or connected to this Agreement.

14. NO TRANSFER OF RIGHTS


Neither Party shall be entitled to assign, transfer, otherwise delegate or sub-contract
this Agreement or any of its rights or obligations under this Agreement in whole or
in part, nor purport to do so, without the prior written consent of the other Party.

15. MISCELLANEOUS
15.1 Any provision of or a right created under this Agreement may not be:
(a) waived except in writing signed by the Party granting the waiver; or
(b) varied except in writing signed by the Parties.
(c) No delay by either party in enforcing any of the terms or conditions of this
Agreement shall affect or restrict that party’s rights and powers arising under
this Agreement. No waiver or amendment of any term or condition of this
Agreement will be effective unless made in writing and signed by both parties.

15.2 This Agreement shall be binding upon each Party’s Associates, heirs, successors, and
assigns.

15.3 If any individual term or provision of this Agreement is contrary to or in conflict


with any requirement of applicable law, then that term or provision shall be severed
here from and the remainder of this Agreement shall be binding on the Parties.

15.4 The signatories below represent and covenant that they have the authority to execute
this Agreement on behalf of the named Party and to bind that Party to the terms and
conditions of this Agreement.

15.5 Notwithstanding any other provision hereof to the contrary, neither Party is under
any obligation nor has any right to engage in or continue any negotiations relating to
the possible implementation of any other clauses not included in this Agreement.
Each Party shall bear its own costs and expenses in connection with the activities
contemplated by this Agreement.

15.6 Any notice or other communication under this Agreement shall be deemed to be
duly given when personally delivered or when mailed by certified or registered
mail, return receipt requested and postage prepaid, to such other Party at its address
as stated below, or at such other address as each Party may hereafter designate to the
other Party in writing. Delivery of a notice or other communication to a Party at the
address set forth below or designated by that Party shall constitute bona fide
delivery of notice to all of that Party’s Associates. The notice addresses are:

8
Receiving Party: XYZ
Address: ………………………………………………………
Attention: ……………………………………..
E-mail: ………………………………………

Disclosing Party: Powerplus Traders Pvt Ltd


Address: Premlata Building, 39, Shakespeare Sarani, 6 th Floor, Kolkata
700017, India
Attention: Mr. K. S. Rao (CEO)
E-mail: powerplustrade@gmail.com

15.7 This Agreement may be executed in two or more counterparts, each of which shall
be deemed to be an original, but each of which together shall constitute one and the
same document.

15.8 This Agreement shall constitute the entire agreement between the Parties i.e. this
Agreement is the complete and exclusive statement regarding the subject matter of
this Agreement and supersedes all prior agreements, understandings and
communications, oral or written, between the Parties regarding the subject matter of
this Agreement.

IN WITNESS WHEREOF the Parties hereto have hereunto set their respective hands and
seals on the day and year first hereinabove written.

For Powerplus Traders Private Limited For XYZ

Authorized Signatory Authorized Signatory

Witnesses
For Powerplus Traders Private Limited For XYZ

1. …………………………………………….. 1. ……………………………………………..

2. …………………………………………….. 2. ……………………………………………..

9
CLIENT:- PROJECT TITLE:- SHEET TITLE:- CONSULTANT:-

JAGANATHPUR - B UNDERGROUND COAL MINE DETAILED OF SUPPORT SYSTEM FOR


INCLINED TUNNEL SECTION 3-3
(RANIGANJ COALFIELD AREA, FARIDPUR -
POWERPLUS TRADERS DURGAPUR BLOCK).
Checked By:
(CH:289.50M TO CH:367.29M)
Approved By:
BEAVER Infra
PRIVATE LIMITED Consultants Pvt.Ltd
SB SAJANE RANJITH SOMAN
Designed By:
Navi Mumbai
Date : 15-10-2022
SARATH CHANDRAN
R0 15-10-2022 FOR APPROVAL SC HHH SBS RS Drawn By:
DRAWING NO:- BICPL/PTPL/JAG-B/T/CS/3-3 (SHEET 01 OF 02) Revision No. R0
REV DATE DESCRIPTION DESIGNED DRAWN CHECKED APPROVED HARISH H
1707
1758
CLIENT:- PROJECT TITLE:- SHEET TITLE:- CONSULTANT:-

JAGANATHPUR - B UNDERGROUND COAL MINE DETAILED OF SUPPORT SYSTEM FOR


INCLINED TUNNEL WITH MANHOLE
(RANIGANJ COALFIELD AREA, FARIDPUR -
POWERPLUS TRADERS DURGAPUR BLOCK).
SECTION 3-3 (CH:289.50M TO CH:367.29M)
Checked By: Approved By:
BEAVER Infra
PRIVATE LIMITED Consultants Pvt.Ltd
SB SAJANE RANJITH SOMAN
Designed By:
Navi Mumbai
Date : 15-10-2022
SARATH CHANDRAN
R0 15-10-2022 FOR APPROVAL SC HHH SBS RS Drawn By:
DRAWING NO:- BICPL/PTPL/JAG-B/T/CS/3-3 (SHEET 02 OF 02) Revision No. R0
REV DATE DESCRIPTION DESIGNED DRAWN CHECKED APPROVED HARISH H

You might also like