TERMS AND CONDITIONS FOR SMALL VALUE WORK/ SERVICE ORDERS

Work Order No: …………………….

Work Order Date: …………………..

1. SCOPE OF WORK

A. Manpower Supply

The company hereby appoints the contractor as workmen contractor for supply of highly skilled/
skilled/ semi-skilled/ unskilled workmen (herein after collectively referred to as “Man-power”)
for site works (round the clock including weekend days, closed holidays, off days in day/ night
shifts) at Project site.

It shall be responsibility of the Contractors to give directions / guidance regarding the manner in
which the assigned work will be carried out by the Man-power supplied by the contractor.

It shall be the duty and responsibility of the Contractor to supervise and progress the work with
due safety (as per Employer’s laid down safety rules and regulations), quality by the Man-power
supplied by him as per direction(s) given by the Employer.

OR

B. Civil Work

Scope of work covered under this Work Order shall be “General Civil works” like reinforcement,
shuttering, inserts & bolts and other miscellaneous / enabling works for <Location of Plant>
projects as per specifications and relevant IS code(s).

Providing supervision, workmen and carrying out all necessary works as required for completion
of work in all respects as per specification and instructions of Employer are included in scope of
work unless otherwise specifically mentioned to the contrary elsewhere in this Work Order.

Maintenance of record books for all free issue materials/returnable items including unloading,
loading, transporting, stacking, covering etc at Reinforcement yard, Carpentry workshop and
Fabrication yard including transporting of same to site is included in Contractor’s scope of work.

Rates are inclusive of consumables, plant & equipment, tools & tackles and any other special
tools/ implements required to complete the civil works in all respects within the schedule of
completion.

Sand, Aggregates, and any other minor minerals shall be sourced only from the existing quarries
operating with valid license / clearance in accordance with the applicable rules & regulations.
The Contractor shall pay, at its own cost and expenses, all tollage / royalty/ GST etc. as
applicable, for getting the materials (Sand, Aggregates, and any other minor minerals) required
for completion of the Scope under the Contract. The Contractor shall obtain Transport Challans
duly endorsed by the competent Authority. Copy of Royalty challans / Tollage / Transport

E&P/COM/SCC/008 (Rev. 03)

MANOJ Digitally signed by
MANOJ KUMAR
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KUMAR Date: 2023.11.17

17:23:39 +05'30'
 Challan/ GST Invoice etc. for such sourced Sand, Aggregates and any other minor minerals shall
be submitted to the Employer and reconciled on quarterly basis or as decided by the Employer.
In case of non-compliance of the above by the Contractor, the Employer reserves the right to
recover any cost incurred by the Employer for such default of the Contractor.

OR

C. Fabrication Work

Scope of work covered under this Work Order shall be “General Structural works” like
Fabrication, Erection & Painting and other miscellaneous / enabling works for <Location of
Plant> projects as per specifications and relevant IS code(s).

Providing supervision, workmen and carrying out all necessary works as required for completion
of work in all respects as per specification and instructions of Employer are included in scope of
work unless otherwise specifically mentioned to the contrary elsewhere in this Work Order.

Maintenance of record books for all free issue materials/returnable items including unloading,
loading, transporting, stacking, covering etc at Fabrication yard, Storage yard including
transporting of same to site is included in Contractor’s scope of work.

Rates are inclusive of consumables, plant & equipment, tools & tackles and any other special
tools/ implements required to complete the structural works in all respects within the schedule of
completion.
OR

D. Erection Work

Scope of work covered under this Work Order shall be “Equipment erection works” like
assembly, erection &painting and other miscellaneous / enabling works for <Location of Plant>
projects as per specifications and relevant IS code.

Providing supervision, workmen and carrying out all necessary works as required for completion
of work in all respects as per specification and instructions of Employer are included in scope of
work unless otherwise specifically mentioned to the contrary elsewhere in this Work Order.

Maintenance of record books for all free issue materials/returnable items including unloading,
loading, transporting, stacking, covering etc at Fabrication yard, Storage yard including
transporting of same to site is included in Contractor’s scope of work.

Rates are inclusive of consumables, plant & equipment, tools & tackles and any other special
tools / implements required to complete the erection works in all respects within the schedule of
completion.

2. TIME OF COMPLETION

Entire work shall be completed in all respects within ……… months from the date of award of
this Work Order. Contractor shall submit the work program in consultation with Contractor

E&P/COM/SCC/008 (Rev. 03)

MANOJ Digitally signed by
MANOJ KUMAR
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KUMAR
Date: 2023.11.17
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 Employer’s Site Representative. The work program approved by Employer’s Project Manager
shall be binding.

Contractor shall arrange adequate resources including men, material, construction plant &
equipment, machinery etc. at every stage of construction well in advance, to adhere the overall
completion schedule as drawn in the work program. All expenses towards safety induction and
personal protective equipment shall be borne by Contractor and shall be deemed to be included
in the Contract Price. Due to delay on account of mobilization of required resources, Employer
reserves the right to terminate the contract / get the work done at Contractor’s risk and cost.

3. WORKING HOURS

3.1 Working Hours will be as under:

a) Contractor shall follow the work timings as per instructions and directions of the Employer.
Contractor may also be called to work on Sundays / holidays.

b) Timing and number of people can be changed by Employer as per his requirement.

c) Contractor shall ensure that none of the workmen employed is allowed to work more than 6
days a week, 8 hours a day totalling 48 hours a week.

3.2 If the Employer or his appointed other contractors/subcontractors finds that any workmen
supplied by the contractor is not carrying out the work satisfactorily or is otherwise physically
unfit to carry out the work involved, the contractor shall withdraw such a workmen from duty
immediately and substitute some other workmen in his place. The Employer’s complaint will
be final and binding by the Contractor or the workmen.

4. CONTRACT PRICE:

4.1 This is an Item Rate Work Order and payment shall be regulated as per the actual quantities
executed. Estimated Contract price for scope of work under this Work Order shall be Rs.
...............<in figures> (in words………) The Contract price is net of Goods & Services Tax
(GST) and applicable cess thereto. All other taxes and duties are included in Contract price.

4.1.1 In case the Contractor’s aggregate turnover (at PAN level) in a financial year has exceeded the
threshold limit as prescribed under E-Invoicing Provision as per GST law, the Contractor shall
mandatorily issue an E-Invoice compliant with GST law, for all such supplies of goods/services
made by the Contractor in accordance with GST law. Any other form of invoice/ document
shall be treated as an invalid invoice/document and the Purchaser shall not be liable to make
payment to the Contractor. In such case the Contractor will not have any claim for delayed
payment and in addition the Contractor shall indemnify and hold harmless the Purchaser., it’s
directors, officers and employees and compensate for any loss, damages etc including loss of
Input Tax Credit of GST including any interest/penalty or associated cost that is occurred or
caused due to the Contractor’s acts, omissions or commissions arising out of failure on the
Contractor’s part to issue an E-Invoice.

MANOJ Digitally signed by

MANOJ KUMAR
E&P/COM/SCC/008 (Rev. 03) KUMAR Date: 2023.11.17
17:25:05 +05'30' Page 3 of 21
4.2 Price Basis

The Contract Price mentioned above remains fixed, firm and binding till the completion of the
entire scope of work covered under this work order.

4.3 In the event of Statutory variation in GST occurring after Contract Effectiveness Date but
within contractual delivery period, the Employer shall reimburse the Contractor the amount of
such Service Tax paid by the Contractor from the date of such occurrence upto the date of its
validity within contractual delivery period, against Contractor’s submission of documentary
evidence.

4.4 The said amount as paid under Clause 4.1 above will include the wages and other benefits
payable to the workmen supplied by Contractor to the Employer from time to time and as
prescribed by the workmen enactment in force for the time being, and the Employer will not be
responsible to pay the same. But if under any enactment (including rules or regulations included
there under) the Purchase is held liable to pay any amount to the workmen as principal employer
the Contractor should reimburse the same to the Employer within a period of 15 days from the
date of demand by the Employer. And the Contractor indemnifies and agrees to keep
indemnified the Purchase against any such amount and any losses, charges and expenses
incurred by the company on account thereof.

4.5 The contractor shall bear all expenses regarding uniform, preparation of their Identity Card
(RFID), compensations, wages and allowances (DA), PF, ESI, Bonus and Gratuity as
applicable relating to personnel engaged by him and abide by the provisions of various labour
legislations including weekly off and working hours. The Contractor shall pay the wages to the
personnel on or before the 7th of every succeeding month, irrespective of delay in payment of
Bill by Tata Steel Ltd. for whatever reason. Wages payable shall not be less than the minimum
wages payment as declared from the time to time by the Govt. of State in which the Plant is
located . The contractor shall also quote his rate of profit (service charges) in addition to the
wages to be paid to his workmen. Contractor shall submit workmen EPF number and proof of
submission of EPF, ESI etc. as applicable every month for the previous month along with the
monthly bill with respect to all employees deployed by him at Tata Steel Ltd. The Contractor
shall specifically ensure compliance of various Labour Laws/Acts including but not limited to
with the following and their re-enactments/amendments/modifications.
a. The payment of wages Act 1936
b. The Employees Provident Fund Act, 1952
c. The Factory Act, 1948
d. Contract Labour (Regulation) Act, 1970
e. The Payment of Bonus Act, 1965
f. The Payment of Gratuity Act, 1972
g. The Employees State Insurance Act, 1948
h. The Employment of Children Act, 1938
i. The Minimum Wages Act, 1948
j. Orissa Factories Rules, 1950
k. Any other laws / bye laws / acts / rules / regulations, etc.

E&P/COM/SCC/008 (Rev. 03) MANOJ Digitally signed by

MANOJ KUMAR Page 4 of 21

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4.6 CONSTRUCTION CESS

It shall be the responsibility of the Contractor, to whom the Work is awarded by Purchaser, as
the owner of the building and construction workers, to ensure that the requirements relating to
Building and other construction workers (regulation of employment and conditions of service)
Cess Act/ Rules- framed by competent authority, are fully complied with by him. Thus the onus
of compliance of the norms so prescribed shall rest with the Contractor concerned,
indemnifying Purchaser from all the liabilities that may arise out of any failure to comply with
the above mentioned Acts/Rules or any contravention thereof by the Contractor or any other
agency on his behalf. The Contract price / item rates includes this cess and there shall not be
any additional reimbursement from the Purchaser.

5. ISSUE OF MATERIALS

a) Contractor shall arrange at his cost all the required consumables, materials etc. except
…………………. (cement/ steel/ cable etc. as applicable) which will be provided by the
Employer at Employer’s stores as Free Issue Material(s).

b) RECONCILIATION

Contractor shall submit reconciliation statement for all free issue material, once in a month.
The difference between quantity issued and quantity arrived at (with provision for standard
norms of wastage), being the excess consumption, shall be recovered at prevailing market rate.

c) WATCH & WARD FOR MATERIALS

All transport and handling charges, storage charges, charges to watch and ward for Contractor’s
own materials and the materials handed over to Contractor from Employer, are included in
contract price and Employer will entertain no claim on account of above at a later date.
Contractor shall maintain a daily stock register and any shortfall either on account of poor watch
and ward or improper storage of material shall be to the Contractor’s account.

6. CODES & STANDARDS

In the absence of specifications relevant Indian Standard Code of practice together with their
latest revision/amendments as applicable on the date of agreement shall be followed. In the
absence of the relevant IS code of practice also the instructions of the Employer, standard
engineering practice shall be adopted. In case of contradiction / conflicts between the
specifications, the interpretation of the Employer shall be final and binding.

7. CONSTRUCTION WATER & POWER

Water: Employer will supply water for construction at one point near the place of work. No
consumption charges will be levied on Contractor. The water supply fittings and fixtures shall
be guarded by Contractor and Contractor will avail these facilities in a safe and economical
manner, without causing hazard / inconvenience to the agencies.

Power: Employer will supply Electricity for construction purpose at one point, near the place
of work. The power supply fittings and fixtures shall be guarded by Contractor and Contractor

E&P/COM/SCC/008 (Rev. 03) MANOJ Digitally signed by

MANOJ KUMAR
Page 5 of 21

KUMAR
Date: 2023.11.17
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 will avail these facilities in a safe and economical manner, without causing hazard /
inconvenience to the agencies working in the same area.

8. ACCOMODATION & TRANSPORTATION

Contractor shall arrange for accommodation & transportation of Contractor staff and workmen
at Contractor own cost. Necessary rules of Employer in this regard have to be maintained by
Contractor.

9. CONTRACTOR’S ESTABLISHMENT

Contractor shall make his own arrangement for store as required store yard, site office and
ancillaries at his cost. The store should be adequate capacity taking all safety measures against
theft, deterioration of material, etc. loading at stores, transportation to site and unloading
stocking at destination shall have to be done by the contractors at the cost & risk.

10. MATERIALS IN CONTRACTOR’S SCOPE

All consumables, bulk materials etc. (except Free Issue Material(s)) are included in
Contractor’s scope of work.

In event steel and cement is issued as free issue materials by Employer, the steel materials
issued by the Purchaser shall be fully accounted for by the Contractor. In accounting of the
steel materials issued an allowance up to a limit of 1% (one percent) of the weight of
reinforcement bars and structural steel as measured and certified, will be allowed as
unaccountable wastage and losses. In addition to unaccountable wastage and losses permitted
hereinabove, maximum accountable wastage for reinforcement bars in the form of scrap
(offcuts, cut pieces) shall be within permissible limits as specified below:

Reinforcement steel - 2%
Structural steel - 3.5%

Reinforcement bars sections of 2 m length and above and structural steel plates of 0.75 sq. m
size and above shall be considered as serviceable materials and not as scrap.

The actual consumption of cement shall be computed based on the norms as mentioned above
and the actual quantum of work certified by the Purchaser/Engineer. A maximum wastage
allowance of up to 1% (one percent) on the actual consumption shall be allowed for
reconciliation purpose. Cement consumed for making concrete test cubes, cylindrical test
specimens, cement mortar cubes, uses for like cement slurry at construction joints, finishing
etc. including buttering of concrete pumps and all other wastage incidental to concrete pumping
shall be included in the aforesaid maximum 1% wastage.

The Contractor shall return on monthly basis all scrap generated on account of accountable
wastage to Employer.

Digitally signed
E&P/COM/SCC/008 (Rev. 03)
MANOJ by MANOJ
KUMAR Page 6 of 21

KUMAR Date: 2023.11.17

17:34:51 +05'30'
 In the event Contractor fails to do so, Employer reserve the right of recovery against damages
at a rate 80% of the market rate of fresh & new steel at the time of Completion or Termination
of Agreement.

The Contractor shall return all empty cement bags periodically to Employer. If Contractor fails
to return the same, Employer reserves the right to recover Rs. 3 per empty bag from
Contractor.

For material issued by the Employer free of cost to Contractor (free issue materials), shortage
in return of surplus due to reason whatsoever, materials will be charged to the Contractor at a
rate 1.5 times of the market rates prevailing at the time of completion of Work or termination
of Agreement. For steel materials the steel rate of Steel Authority of India Limited and for
Cement, the rate at which order has been placed by Employer shall be binding for this purpose.

11. CONSTRUCTION PLANT & MACHINERY

All plant & machinery, tools tackles, jigs & fixtures etc. necessary for execution of work shall
be arranged by Contractor. Contractor shall maintain the equipment in good working condition
to complete the work in specified completion schedule. All tools and tackles used by Contractor
shall confirm to IS and Contractor shall be preserving valid test certificate to produce on
demand by Employer.

12. CHANGES IN WORK

Employer reserves the right to issue revised condition, specification, amendment, scope of
work etc. without any limitation.

13. TAKING OVER

After Completion of total work or any part of work Contractor shall inform Employer in writing
and shall obtain a certificate with respect the satisfaction of the Employer. Final completion
certificate shall be issued after completion of checklist / plug list points issued by Employer.

14. CLEANILINESS AT SITE

Contractor shall clear & remove all constructional plant, surplus material, rubbish & temporary
work of every kind from site on day-to-day basis as well as on completion of total works at his
own cost.

15. PAYMENT TERMS

a) 95% of the payment within 30 days from submission of correct invoice(s), supported
by required details, to Employer.
b) 5% of payment shall be paid after completion of work and issuance of Job Completion
Certificate (JCC) by Employer.

16. LIQUIDATED DAMAGE

Liquidated Damages for Delay in completion in scope of work shall apply.

E&P/COM/SCC/008 (Rev. 03)

MANOJ Digitally signed by
MANOJ KUMAR
Page 7 of 21

KUMAR 17:35:08 +05'30'

Date: 2023.11.17
 In the event the contractor is unable to complete the scope of work within agreed completion
schedule, liquidated Damage at the rate of 0.5% per week or part thereof (in proportion to the
days of delay) of delay or part thereof up to a maximum 5% of the contract price shall be
recovered.

17. GENERAL TERMS:

17.1 Every workmen during the period of his work will be bound to observe the rules and regulations
of the Employer relating to his movement, dress and discipline, safety regulation/norms and
other workmen regulations/laws as may be in time being in force. If there is any breach thereof
by any such workmen and the Employer suffers any penalty, monetary loss or other charges
the Contractor will be responsible for the same and he will reimburse the Employer for any
such liability. Any breach of above requirement shall be a ground for removal of any workmen
from the Project site.

17.2 The Workmen to be appointed will be screened by the contractor after police verification
regarding their antecedent, character, and conduct; and a copy of the reports shall also be
submitted to Tata Steel Ltd. along with attested copies of ID Proof (Ration Card/ Voter ID/
PAN card/ Aadhar Card etc.) and valid proof of residence for issuance of Gate Pass.

17.3 The contractor shall arrange to maintain the daily shift-wise attendance record of the contract
personnel deployed by him showing their arrival and departure time. This attendance record to
be submitted every week to Tata Steel Ltd. with an attested photocopy of the attendance record
of the personnel to which it pertains. The attendance record shall be produced for verification
on demand by the Tata Steel Ltd. at any other point of time.

17.4 If any amenity required by law for the benefit of workmen supplied by the Contractor is not
suitable or is inconsistent with the work placement or if possible to be provided and is not
provided, the Employer will provide the same within the time required by the law and the
Contractor shall pay the Employer the expenses incurred by it on that account on demand.

17.5 The Contractor shall be responsible for the payment of wages to each workmen employed by
him for the Employer within 7th day of each month. The Contractor shall certify and send a
report to the Employer each month that amounts paid to the workmen employed are in
compliance with necessary laws, regulation and circulars issued by central government, state
government or local authorities.

17.6 The Employer will be entitled to deduct any payment made by the Employer and which is
payable by the Contractor under this contract or by law, out of any moneys payable by the
Employer to the contractor under this contract.

17.7 The contractor should maintain all the records and documents under various labour laws
applicable to contract labours/personnel and also Shops & Establishment Act/Rules applicable
to his/her establishment and make them available at Tata Steel Ltd. at all times. Indicative list
of such records is given for example: (a) Register for Workmen, (b) Employment card (to be
issued to workmen), (c) Muster Roll, (d) Register for wages, (e) wage slip, (f) OT registers etc.

MANOJ byKUMAR
Digitally signed
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KUMAR Date: 2023.11.17

17:35:25 +05'30'
17.8 Every time the Contractor supplies the workmen, the Contractor should supply a list of full
address and names of workmen to the Employer.

17.9 The Contractor further confirms that he will have inter alia following further obligations:

a) Not to appoint child for work in the Project site.

b) Works who are required to do electrical work has the necessary licenses under law
time being in force.
c) To obtain a License from State Labour Commissioner to engage the Contract
Labour /personnel as per Contract Labour act and/ or other applicable law within
a period of two weeks from the date of award of contract by Tata Steel Ltd.
d) Should strictly follow Safety & Occupational Health Policy as prescribed by the
Employer. For any safety violation by any workmen, safety violation charges will
be imposed on the contractor.
e) Should provide for necessary insurance coverage as may be required under law.
f) Should not appoint sub-contractor and/or sublet the contract without prior written
permission of the Employer.

17.10 It is the responsibility of the contractor to see that the workmen do not go on any strike or stop
work and if they do so the Employer will be entitled to get the work at the site carried out
through any other group of workmen and the contractor shall be liable to make good the loss
suffered by the Employer in that behalf.

17.11 If due to any act of commission or omission, misfeasance or nonfeasance of any workmen
supplied by the contractor any third party suffers loss or damages the contractor will make good
the same if the Employer is required to pay the same the contractor will reimburse the Employer
for such loss or damage.

17.12 The Contractor shall be held liable and can be asked to pay compensation, costs and expenses
for any loss suffered by Employer due to riotous or unlawful behaviour of Workmen supplied
by him in the site, which has caused destruction of property and assets of Employer or any other
third party and/or caused physical injury to work man and/or employees of the Purchase or any
other third party.

18. HEALTH, SAFETY AND ENVIRONMENT COMPLIANCE

18.1 Safety at workplace

In line with its Safety & Occupational Health Policy described above, Employer has adopted
world class standards for safety at workplace. The target is “ZERO incident”. The term
“Incident” is defined as “any event which resulted in/or could have resulted in injury to human
being/loss or damage to equipment or property/production loss/adverse environmental
impact/adverse community reaction.

All the contractors/suppliers of Employer need to ensure that all the activities are conducted in
a safe manner and eliminate all unsafe conditions and Unsafe acts so as to meet the above target
of “Zero Incident”.

E&P/COM/SCC/008 (Rev. 03)

MANOJ Digitally signed by
MANOJ KUMAR
Page 9 of 21
KUMAR Date: 2023.11.17
17:35:48 +05'30'
18.2 Safety Standards and Compliance to Safety Standards

Currently, Employer has a set of 61 Safety Standards applicable at its project sites. These are
continuously upgraded to conform to the best international practices. The above Safety
Standards are available at “SAFETY” page of Employer intranet site.

All the contractors/tenderers are required to acquire a copy of the same from Employer and
thoroughly acquaint themselves before submitting their bids.

100% compliance to all the above Safety Standards, including all revisions and additions during
the tenure of the contract, is mandatory for all contractors/suppliers engaged by Employer

18.3 The Contractor shall adhere to safe construction practices of the Employer, and guard against
hazardous and unsafe working conditions and shall comply with safety rules/standards as set
forth herein. The Employer reserves the right to take appropriate punitive action, for any safety
violation solely attributable to the Contractor and/or his employees.

18.4 Safety training: Contractor shall not deploy any person at workplace/site without Safety
Induction Training. The safety card issued by the Employer shall be with the workmen at all
the time and same shall be produced on demand at any time.

18.5 The Contractor shall provide for and ensure that his employees must use appropriate Personal
Protective Equipment (PPE) such as shoes, helmets, hand gloves, belts, goggles and all other
safety appliances while working at site. The Contractor must be fully aware of the conditions
of the work site and surroundings, such as presence of dust and gas, frequent movement of
overhead equipment, rail & road traffic, simultaneous activities carried out by various agencies
in a congested area etc. and shall plan and execute his work accordingly in a safe manner. The
Contractor shall be guided by Safety Standard No SS/PRO-01 for meeting safety requirements
for working in a confined space.

18.6 The Contractor shall undertake full responsibility for safe execution of job at workplace/site
and safety of its personnel from the time he enters the gates of Employer’s premises till his
departure there from. The Contractor shall abide by and shall ensure 100% compliance of the
various statutory rules of the Government and safety rules & regulations being issued by the
Governmental authority and the Employer from time to time in this regard, and/or as required
by the Engineer, in respect of all staff, labours and employees engaged for the execution of the
job at workplace/site and shall provide all the facilities in connection therewith. The Contractor
shall ensure that necessary safety appliances are being used by his employees and labours
working at Site, without which the employees and the labours shall not be permitted to work.

18.7 Before taking up any job in gaseous areas, the Contractor shall ensure that his supervisors and
other employees attend the “gas safety induction programme” at the Gas Safety Station of the
Employer. The Contractor shall also obtain a proper work permit/clearance/prior permission
from the Operating Department before starting the work in a running plant/pipe lines/ gas
lines/air lines/water lines/hazardous areas/ and for working on shut down days etc. Contractor
shall keep the concerned authorities of the Employer informed well in advance if the work is to
be carried out on Sundays/National Holidays/Shut-down days or at night. Safety Supervisor
must talk and explain about job hazard daily before starting the work and shall adopt the safety

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 measures accordingly. The contractor shall provide for and ensure the availability of relevant
safety appliances as required for working in gaseous area.

18.8 The Contractor shall carry out regular safety inspection at the work site to ensure that all safety
measures are being properly maintained/followed and maintain a record of observations made
and corrective actions taken. The Contractor shall also carry out load test on his erection
equipment, tools, tackles, lifting devices etc. and maintain a record of the test results. Contractor
shall get all his equipment, tools & tackles examined by the competent authority as required by
the Inspector of Factories. The Contractor shall produce the required certificates for these as
and when asked by the representatives of Inspector of Factories.

18.9 The Contractor shall nominate a competent and authorised person, in writing to the Employer,
who shall (a) be fully responsible for safety of the employees (b) ensure safety practices during
the execution of the Contract/Order. The Contractor shall also engage required number of
supervisors and labours adequately trained to execute the work safely.

18.10 The Contractor shall ensure that his concerned supervisor, staff and employees attend the safety
meetings conducted at site. He will have to keep himself as well as his workmen informed about
the points discussed in the meetings and implement the same at workplace/site to ensure the
safe execution of the job.

18.11 The Contractor shall understand the work, analyse the job safety requirement and accordingly
shall prepare the job safety plan/procedure on the daily basis. The Contractor shall monitor the
plan/procedure regularly and adhere/improve the plan/procedure, if required, for safe execution
of the work.

18.12 A proper register/document containing names and designation of labours shall be maintained
by the Contractor for safety trained workmen.

18.13 Safety Issues to be complied with for Site Work

a) Prior to beginning of the work, Senior Executive of the Contractor must appear before
Tata Steel’s Representative and present their plans to accomplish work safely.

b) Contractor has to provide competent and qualified safety supervisors and adequate safety
appliances.

c) Contractor should have a written safety policy, for the awarded job, in line with the
Employer’s safety & occupational health policy (attached).

d) Contractor’s safety systems, policies and controls will be equally applicable to all
subcontractors engaged by them. Contractor will confirm in writing that all safety
provisions of the Contract/Order have been conveyed to his personnel as well as to the
personnel engaged by his subcontractor(s) and all safety requirements shall be met.

e) Contractor must provide Employer with a list of safety programmes and initiatives which
they will place in effect to improve his performance under the Contract inline with the
initiatives/ programmes of Employer.

f) Contractor will develop safety plans for all segments of work based on Employer’s safety
standards and have them available for review by Employer at all times.

MANOJ Digitally signed by

E&P/COM/SCC/008 (Rev. 03) Page 11 of 21
MANOJ KUMAR

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17:39:16 +05'30'
 g) Contractor must submit to Employer copies of all completed relevant documents like
daily safe work procedure, daily job briefing, safety equipment inspections, etc.

h) Disciplinary action against the Contractor for safety violation will be decided by
Employer and it will be binding to the Contractor and their employees.

i) Senior Executives of Contractor will meet all employees and employees of their engaged
subcontractor(s) prior to beginning of work at site to make them aware of the related
safety measures. Subject of the meeting will be safety expectations and consequences of
not meeting the said safety measures.

j) Contractor must conduct a weekly review on safety aspects. Such review will include (as
a minimum) – current safety audit results, injury/illness summary, safety meeting(s)
summary, hazard reviews of upcoming work, near-miss investigations, compliance to
safety standards.

k) Contractor will also depute their supervisor(s) and safety personnel to assist Employer
in their safety audits.

l) Contractor must provide details of safety roles & responsibilities for his supervisors (i.e.
conduct safety meetings, audit participation, safety work plans, etc.) to Employer.

m) Contractor shall comply with all safety aspects of storage and handling of the Gas Act,
which shall include but not be limited to

- Upright storage of compressed gas bottles

- Proper transportation and handling of gas bottles
- Caps for bottles which are not in use
- Use of approved flash back arrestors

- Limiting accumulation of bottles to five or less in one area

- Inspection of and proper maintenance of regulators, torches and hoses. - Proper
lighting arrangement for torch.

18.14 Supports, work decks, ladders, tools etc shall be according to Employer’s safety standards.

18.15 Compressed breathing air cylinders shall be accompanied by documentation certifying their
contents.

18.16 Electricians shall not be permitted to directly contact live un-insulated electrical conductors
without Employer’s approval.

18.17 Employees shall be protected from exposed rebar ends by use of protective caps.

18.18 Any work related to erection of steel structures, including decking and roofing shall require
submittal of a fall protection plan prior to beginning of work. Such plan will contain a detailed
description of fall protection devices.

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18.19 Wherever a building has provision for permanent staircase, attempts shall be made to first
construct the part of the building, housing the staircase for safe approach during erection.

18.20 Required safety protections, such as coupling guards, guards for belt, pulley and chain, screens
and protection railings etc., shall be provided by the Contractor for his equipment. All these
guards shall have hinged cover for inspection.

18.21 Environment/OHSAS requirements:

In line with the requirements of ISO-14001/18000, the Contractor shall comply with the following:

a) The Contractor as well as all its sub-contractors engaged at site shall maintain the up-
to-date training certificate for their employees. The training shall be provided by the
Employer during safety induction program prior to start of the job.

b) Any earth excavated during the job shall be disposed off in a pre-assigned place. The
Contractor shall take preventive steps to avoid spillage of earth/debris during
transport/dumping.

c) The Contractor shall maintain a clear work area in and around the work place.

d) The Contractor must ensure optimum use of water and avoid any misuse/wastage.

e) The Contractor shall ensure that the vehicles to be used by the Contractor for executing
the job must meet statutory emission norms of Motor and Vehicle Act.

18.22 Ergonomical methods of working

All the Contractors/suppliers and new successful tenderers shall ensure practice of ergonomics
for the full work force during their tenure of engagement at Employer’s work site/place. They
should, therefore, adopt suitable automated tools & tackles. Specifically, it may be noted that
the following practices are not permitted in Employer’s worksite/place:

a) Manual lifting of material above shoulder height; and

b) Carrying head load
Contractor and his employees should be aware of above prior to his taking up work.

All Contractors/suppliers and successful tenderers are also bound by safety consequences as
per the applicable safety clauses enumerated in relevant standards/contract/norms.

19.0 WARRANTIES AND DEFECTS LIABILITY

19.1 Warranties

19.1.1 The Contractor warrants that its workmanship, the Material (including its manufacture and
fabrication), Works and other work under the Contract will be:

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 a) free from Defects for the applicable Defects Liability Period(s) or such other period as may
be specified in the Contract for specific Material or other work under the Contract, and
comply with all Relevant Standards; and

b) fit for the purpose stated in the Contract, the purpose for which they are commonly used or
any other purpose made known to the Contractor or reasonably to be inferred by the Contract
including being fit for purpose at performance levels as set out in the Contract (except for
fair wear and tear or damage caused by the negligent or wrongful acts or omissions of a
party other than the Contractor, its officers, employees, agents, Secondary Contractors or
the Employer); and

c) executed by appropriately qualified or licensed personnel, in a tradesman like, thorough,

skilful and professional manner; and

d) will otherwise comply in all respects with the Contract.

19.1.2 The Contractor warrants that:

a) prior to commencing the relevant work under the Contract, it first satisfied itself that any work
performed by a party other than the Contractor, its employees, agents or Secondary Contractors,
upon which the Contractor was to perform work under the Contract, had been properly
performed in all aspects; and

b) at all times it shall be suitably qualified and experienced, and shall exercise due skill, care and
diligence in the carrying out and completion of the Works; and

c) it holds all of the licences required of it to comply with the legislation as amended and named
in the Contract Particulars to carry out the work under the Contract, such licenses being valid
at the date of entering into the Contract and being without qualification or condition.

19.1.3 The Contractor must:

a) obtain any other warranties or guarantees specified in the Contract; and

b) ensure that the Employer, they and their successors and assigns have the benefit of such
warranties or guarantees; and

c) prior to the Date of Substantial Completion, give a copy of all such warranties or guarantees to
the Employer.

19.1.4 Where the Contractor obtains a warranty not specified in the Contract or where a warranty or
guarantee obtained by the Contractor extends beyond the applicable Defects Liability
Period(s), the Contractor must ensure that the Employer, they and their successors and
assigns have the benefit of that warranty or guarantee and prior to the date of substantial
completion provide a copy of all such warranties and guarantees to the Employer.

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19.2 Defective Material or Work

19.2.1 If any part of the Works is not in accordance with the Contract, the Employer may, during the
term of the Contract, including the Defects Liability Period(s), at its sole option and discretion
(but without any obligation whatsoever to do so) direct the Contractor to do any one or more of
the following:

a) remove the Material or work (or any part thereof) from the Site; and/or

b) demolish the Works (or any part thereof) or other work under the Contract; and/or

c) redesign, reconstruct, replace or correct the Material, Contract Work or other work
under the Contract; and/or

d) not deliver the Material or Works (or any part thereof) to the Site or undertake work
under the Contract on the Site.

19.2.2 The Employer may direct the times within which the Contractor must commence and complete
the removal, demolition, redesign, reconstruction, replacement or correction.

19.2.3 If the Contractor fails to comply with a Direction within the time or times specified or if the
work is of an urgent nature then the Employer may have that work carried out by itself or
another person without further notice to the Contractor. Any cost incurred by the Employer will
be a debt due and owing from the Contractor to the Employer. The liability of the Contractor
upon non-performance of its obligation during Defect Liability Period shall be in addition to
Liquidity Damages as may be required to be paid by the Contractor under this Agreement.

19.3 Acceptance of Defective Material or Work

19.3.1 The Employer may elect to accept Material, Works (or any part thereof) or other work under
the Contract that is not in accordance with the Contract. The resulting increase or decrease in
the value to the Employer of the Works and any loss suffered by the Employer will be valued
and the Contract Price shall be adjusted accordingly.

19.4 Nothing in Clause 19 hereof prejudices any other right which the Employer may have against the
Contractor arising out of the failure of the Contractor to provide Material or perform other work
under the Contract, in accordance with the Contract.

19.5 Defect Liability Period' shall be twelve (12) months from the date of issuance of substantial
completion certificate.

19.6 The Contractor further confirms to make good the affected portion of plant due to such defective
Works. In the event Contractor fails to repair such affected portion of the plant within a
reasonable time, the Employer may repair or replace the same at the Contractor's sole risk and
expense without prejudice to any other rights which the Employer may have under the Contract.
Prior to taking such remedial action, the Employer will advise the Contractor regarding the steps
to be taken by the Contractor and will give ten (10) days’ notice to the Contractor to take suitable
action. Failure to comply in ten (10) days after the receipt of such notice by the Contractor

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 outlining the steps being taken by the Contractor to the satisfaction of the Employer will
constitute authority for the Employer to proceed with the repairs or replacements as aforesaid.

The Employer reserves the right to recover the cost plus twelve and half (12.5) percent of the
cost, incurred against such corrections, modifications and / or purchase of additional services.

19.7 On completion of Defect Liability Period as the case maybe, the Employer will issue a final
acceptance certificate to the Contractor, subject to the provisions of Clause 19.8 below.

19.8 The final acceptance certificate will not be issued till such time the Contractor has discharged all
his obligations under the Contract.

20.0 TERMINATION FOR CONVENIENCE

20.1 The owner may be written notice sent to the Contractor terminate the contract, in whole or in
part, at any time for its convenience. The notice of termination shall specify that termination is
for owner’s convenience, the extent to which performance of work under the contract is
terminated and the date upon which such termination becomes effective.

20.2 The items of work those are completed and ready for final inspection within twenty one (21)
days after the contractor’s receipt of notice of termination shall be accepted by the Owner at
the Contract terms and price. For the remaining items of works the Owner may elect.

20.3 To have any portion completed and delivered at the contract terms and prices and/or.

20.4 To cancel the reminder and pay to the Contractor an agreed amount for partially completed
works.

21.0 INDEMINITY

21.1 The Contractor assumes responsibility and shall hold harmless the Purchaser from all liabilities,
claims, demands, costs, charges, expenses, taxes and assessments, including penalties, direct
damages, proceedings, reasonable attorney's fees and litigation expenses, arising out of any acts
or omissions or resulting from any breach of Contractor’s obligations under this Contract,
including those imposed under any local or national laws applicable to Contractor’s Work. The
Contractor further shall indemnify and save Purchaser harmless in respect to all claims for
violation of any laws including salaries, wages, or other compensation of all persons employed
by the Contractor or his sub-Contractors or suppliers in connection with the performance of any
work covered by the Contract. The Contractor shall execute and deliver and shall cause his sub-
contractors and suppliers visiting and/ or having presence at Site to execute and deliver such
other further instruments and to comply with such requirements of such law and regulations as
may be necessary thereunder to confirm and effectuate this Contract and to protect the
Purchaser or his office and employees.

21.2 Contractor, its directors, associates, employees, successors, assignees, servants or any of them,
to the extent caused by them, shall also indemnify and hold Purchaser, its directors, employees,
successors, assignees, servants or any of them harmless from

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21.2.1 Any claim, demand, course of action, loss, expenses or liability on account of injury or death
of persons (including the employees of the Purchaser and the Contractor / Subcontractor) or
damage to or loss of property (including Contract Works/the property of the Purchaser/Third
Parties) arising out of the negligent acts, errors or omissions of Contractor or its
subcontractor/associates in performance of Contractor’s obligation under this Contract.

21.2.2 Any claim by Government authorities/quasi-Governmental body for failure by the Contractor
to pay fines, taxes, duties, fees applicable to them arising out of the Project.

21.2.3 Any claim by third party including sub-contractors for failure to make payment for labour,
services, equipment and materials arising out of this Project.

21.2.4 Any claim with regard to designs, methods, process including but not limited to claims arising
out of infringement of Intellectual Property legislations and amendments there to, patent,
trademark, property information, know-how, copyright, unpatented inventions or any
unauthorised use of work.

21.3 The Contractor shall defend at his own expenses any suit proceedings for any claim asserted
against the Purchaser. The Purchaser shall give reasonable assistance required in defending the
suit and Purchaser reserves the right to defend / settle the claim if Contractor fails to defend
diligently any such suits or proceedings without relieving the Contractor of his obligation.

22.0 RISK AND COST

In case of default on the part of the Contractor in carrying out any obligations under the
Agreement, the Employer shall be entitled to employ and pay other persons to carry out the
same and all expenses consequent thereon or incidental thereto shall be borne by the Contractor
and shall be recoverable from him by the Employer or may be deducted by the Employer from
any money due or which may become due to the Contractor in any agreement.

23.0 REMEDIES

The Employer shall be entitled to recover all costs, charges, damages or expenses, which the
Employer may have paid, for which under the Contract the Contractor is liable. All costs or
expenses for which the Contractor may become liable to the Employer shall be recovered by
the Employer from the invoices of the Contractor. Such recovery can further be made by the
Employer from any sum then due or which at any time thereafter may become due to the
Contractor under this or any other Contract with the Employer. Should this sum be not sufficient
to cover the full amount recoverable, the Contractor shall pay to the Employer, on demand, the
remaining balance due.

24.0 CLAIMS & COMPENSATION

No claim or compensation shall be paid by the Employer under any circumstances, whatsoever.
For the purpose of clarity, this includes but not limited to:

i. variation in quantity / value of the order;

ii. time overruns on any account by Employer;
iii. idling of Contractor’s resources for any reasons.

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25.0 LAWS GOVERNING THE CONTRACT

25.1 This Contract shall be governed by the Indian Laws for the time being in force.

25.2 JURISDICTION

This Agreement shall be construed, governed and enforced in accordance with the laws of India.
The parties hereby agree that exclusive jurisdiction shall be vested as per table below

SN Project Location Court with exclusive jurisdiction

1 Kalinganagar
2 Jamshedpur
3 Meramandali
4 Sahibabad
5 Noamundi
6 Joda & Khondbond
7 Ludhiana
Jajpur Road in the state of Odisha, India
Jamshedpur in the state of Jharkhand, India
Dhenkanal in the state of Odisha, India
Ghaziabad in the state of Uttar Pradesh, India
Chaibasa in state of Jharkhand, India
Keonjhar in state of Odisha, India
Ludhiana in state of Punjab, India

25.3 ARBITRATION

Any dispute arising out of or in connection with this Agreement or its performance, including
the validity, interpretation, application, breach, or cancellation hereof shall be settled through
mutual discussion and conciliation.
In case the dispute is not settled amicably, within 60 days, same shall be decided by the sole
Arbitrator appointed by both the parties. The arbitration shall be as per provisions of Indian
Arbitration and Conciliation Act 1996 and any amendment thereof. The language of arbitration
shall be English, and the venue of arbitration shall be Kolkata. The decision of the Arbitrator
shall be binding on both the parties.

26.0 FORCE MAJEURE

If at any time during the continuance of this Contract the performance by either party under this
Contract shall be prevented by reasons of any declared war, hostility, acts of the public or
enemy, civil commotion, sabotage, fire, flood, earthquake, explosion, epidemic, quarantine
restrictions or other Acts of God, (hereinafter referred to as ‘eventuality’) affecting the
performance and respective obligation of the parties provided that notice of the happening of
any such eventuality is given by either party to the other within fifteen (15) days from the date
of the occurrence of such eventuality, neither party shall, by reason of such eventuality be
entitled to terminate this Contract, nor shall either party have any claim for damages against the
other in respect of such non-performance and the work under this Contract. The performance
shall be resumed as soon as practicable after such eventuality has come to an end or ceased to
exist. Under such circumstances the contractual delivery period shall be extended by a period
equal to that during which such eventuality operated plus an additional period, if any, will be
jointly agreed. Whether the eventuality has come to an end or ceased to exist will be deliberated
and mutually settled. Should one or both parties be prevented from fulfilling their contractual
obligations by a state of force majeure lasting continuously for a period of at least three (3)
months, both the parties shall consult each other regarding the further implementation of the
Contract, provided always that, if no mutually agreed arrangement is arrived at within a period

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 of one (1) month from the expiry of the three (3) months referred to above, the Contract shall
be deemed to have expired at the end of the said three (3) months referred to above. The above
mentioned expiry of the Contract will imply that both the parties have the obligation to reach
an Agreement regarding the winding up and financial settlement of the Contract.

27.0 CONSEQUENTIAL DAMAGES

Neither party shall be responsible to the other party for any indirect and/or consequential loss
or damage, provided that this exclusion shall not apply to payment of Liquidated Damages by
the Contractor to the Purchaser / Employer.

28.0 MAXIMUM LIABILITY OF THE CONTRACTOR

Maximum liability of the Contractor under the Contract excluding patent infringement,
Indemnity, copyrights, intellectual properties, wilful misrepresentation, criminal misconduct,
workman compensation and fraud shall be limited to 100% of the Contract Price.

29.0 ENTIRE AGREEMENT

The terms and conditions contained herein constitute the sole and entire agreement and
understanding between the parties hereto, and supersede and cancel all previous proposals,
negotiations, commitments, and understandings which were made prior to the signing of the
Contract between the parties hereto with respect to the subject matter hereof, whether written
or oral, unless otherwise clearly specified in the Contract.

30.0 POST ORDER COMMUNICATION AND BILLING CHECK-LIST

For any issues you can reach ProCare (Engg. & Project) for One Stop Solution: Contact no 080
69165111, Email: procare.enggproject@tatasteel.com

Applicable only for indigenous Supply Orders:

Post Order Communication:

i. All queries related to supply should be addressed to expeditingkpo@tatasteel.com

ii. All queries related to material inspection should be addressed to

kpoinspectionoffice@tatasteel.com

iii. For any issues you can reach ProCare (Engg. & Project) for One Stop Solution:
Contact no 080 69165111, Email: procare.enggproject@tatasteel.com

Applicable only for indigenous Supply & Service Orders:

Bill Submission Checklist

A. Advance Bill submission:
Proforma Invoice along with valid Original Bank Guarantee as per order terms to be
submitted to F&A (E&P) of respective location.

B. Progress Bill:

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 Progress Bills/Invoices must be prepared as per the order requirements adhering to the
GST norms and with necessary documentation as per order and the check list given
hereinunder.
i. Compile and scan GST invoice with all supporting documents as per Check List
in one / single PDF file and digitally sign this PDF document.

ii. Upload the digitally singed document in E-Proc site. Detailed guidelines on bill
submission may be referred on E-Proc site.

C. Retention Claim:
i. Prepare retention claim letter in official letter head as per terms of payment of the
order along with invoice-wise details.
ii. Scan the claim letter with details and retention certificate in one / single PDF file
and digitally sign this PDF document.
iii. Upload the digitally singed document in E-Proc site.
iv. If the retention is released against BG, vendor is required to submit the original
BG before submission of retention claim with F&A (E&P) of respective location
for processing and confirmation.

CHECKLIST:
I. Check Points in Invoice:
1. Whether invoice no. is written clearly? It shouldn't exceed 16 characters.
2. Is GST no. of supplier & recipient mentioned correctly?
3. Is recipient name and address mentioned correctly?
4. Is place of supply mentioned in bill or not?
5. Is invoice date mentioned correctly?
6. Is HSN/SAC code of goods/services mentioned?
7. Is 'Original for recipient' & 'Tax Invoice' written on invoice?
8. Is QR code and IRN no. mentioned on your invoice? (If applicable)
9. Is GRN No /SES No mentioned or Challan/E Bill copy is attached?
10. Is Break up of GST (SGST/SGST/IGST correctly mentioned)?
11. Is GST correctly charged (whether IGST applicable or CGST/SGST)?
12. Is the Invoice along with necessary documents (Single PDF) digitally signed before
uploading in E Proc?
13. Is GST details in E-billing invoice matching with vendor’s invoice or not?

II. Documentation compliance for Progressive/RA invoice:

1. Is freight invoice, Money receipt & Lorry receipt submitted along with supply Invoice,
if mentioned in order?
2. Is JMR/attendance sheet attached with service invoice?
3. Is Abstract sheet attached with service invoice?
4. Is material reconciliation statement, duly approved by Project manager/IM section,
attached with service invoice or not? (As Applicable)
5. Is duly signed declaration certificate by Project Manager on nature of civil/ structural
work executed to ensure correct GST availment by company? (Applicable on
Civil/Structural work-related orders only)
6. In case, any other requirement needs to be fulfilled as mentioned in Purchase order,
please comply with the same at the of document submission.

III. Additional documentation compliance with Final Invoice:

1. Is No Claim Certificate (NCC) attached with final bill (for both supply & Service order)?
2. Is Job/Virtual Completion Certificate (issued by Project Manager) attached with claim?
(For service invoices)

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 3. Is gate pass clearance attached with final service invoice or not? (As applicable)
4. Is Safety clearance attached with final service invoice or not? (As applicable)

In case, any other requirement needs to be fulfilled as mentioned in Purchase order, please
comply with the same at the of document submission.

For and on behalf of For and on behalf of

TATA STEEL LIMITED (Name of company)

Signature…………………….. Signature ………………..………

Name …………………….. Name ……………………..……….

Digitally signed
MANOJ byKUMAR
MANOJ

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