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Common use of ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS Clause in Contracts

ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS. In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition) Central Rules, 1971, the Employer is obliged to pay any amounts of wages to a workman employed by the Contractor in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said Act and the rules under Clause 19H, or under the Rules framed by Government from time to time for the protection of health and sanitary arrangements for workers employed by the Employer’s Contractors, the Employer will recover from the Contractor the amount of wages so paid or the amount of expenditure so incurred; and without prejudice to the rights of the Employer under sub-section (2) of Section 20, and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, the Employer shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by the Employer to the Contractor whether under this contract or otherwise. The Employer shall not be bound to contest any claim made against it under sub-section (1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the written request of the contractor and upon his giving to the Employer full security for all costs for which the Employer might become liable in contesting such claim.

Appears in 1 contract

Samples: Annual Maintenance Contract

ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS. In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act, Act 1970, and of the Contract contract Labour (( Regulation and Abolition) Central RulesRules , 19711971 , the Employer NIPER is obliged to pay any amounts amount of wages to a workman xxxxxxx employed by the Contractor contractor in execution of the worksworks , or to incur concur any expenditure in providing welfare and health amenities required to be provided under the above said Act and the rules under Clause 19H, clause 19H or under the Rules framed by Government /NIPER from time to time for the protection of health and sanitary arrangements for workers employed by the Employer’s ContractorsContractors , the Employer NIPER will recover from the Contractor contractor the amount of wages so paid or the amount of expenditure so incurred; and without prejudice to the rights of the Employer NIPER under sub-sub- section (2) of Section 2020 , and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) ActAct , 1970, the Employer shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by the Employer to the Contractor whether under this contract or otherwise. The Employer NIPER shall not be bound to contest any claim made against it under sub-section (1) of Section 2020 , sub-section (4) of Section 2121 , of the said ActAct , except on the written request of the contractor and upon his giving to the Employer NIPER full security for all costs for which the Employer XXXXX might become liable in contesting such claim.

Appears in 1 contract

Samples: Construction Contract

ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS. In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition) Central Rules, 1971, the Employer is obliged to pay any amounts of wages to a workman xxxxxxx employed by the Contractor contractor in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said Act and the rules under Clause 19HAct, or under the Rules framed by Government from time to time for the protection of health and sanitary arrangements for workers employed by the Employer’s Contractorsworkers, the Employer will recover from the Contractor contractor, the amount of wages so paid or the amount of expenditure so incurred; and without prejudice to the rights of the Employer any other right or remedy available under sub-section (2) of Section 20this contract, and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, the Employer shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit Retention Money or from any sum due by the Employer to the Contractor contractor whether under this contract or otherwise. The otherwise Employer shall not be bound to contest any claim made against it under sub-section section (1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the written request of the contractor and upon his giving to the Employer full security for all costs for which the Employer might become liable in contesting such claim.

Appears in 1 contract

Samples: Epc Agreement

ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS. In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition) Central Rules, 1971, the Employer is obliged to pay any amounts of wages to a workman xxxxxxx employed by the Contractor contractor in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said Act and the rules under Clause 19HAct, or under the Rules framed by Government from time to time for the protection of health and sanitary arrangements for workers employed by the Employer’s Contractorsworkers, the Employer will recover from the Contractor contractor, the amount of wages so paid or the amount of expenditure so incurred; and without prejudice to the rights of the Employer any other right or remedy available under sub-section (2) of Section 20this contract, and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, the Employer shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit Retention Money or from any sum due by the Employer to the Contractor contractor whether under this contract or otherwise. The otherwise Employer shall not be bound to contest any claim made against it under sub-section (1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the written request of the contractor and upon his giving to the Employer full security for all costs for which the Employer might become liable in contesting such claim.

Appears in 1 contract

Samples: Epc Agreement

ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS. In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) ActXxx, 19700000, and of the Contract Labour (Regulation and Abolition) Central Rules, 1971, the Employer is obliged to pay any amounts of wages to a workman xxxxxxx employed by the Contractor contractor in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said Act and the rules under Clause 19HAct, or under the Rules framed by Government from time to time for the protection of health and sanitary arrangements for workers employed by the Employer’s Contractorsworkers, the Employer will recover from the Contractor contractor, the amount of wages so paid or the amount of expenditure so incurred; and without prejudice to the rights of the Employer any other right or remedy available under sub-section (2) of Section 20this contract, and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, the Employer shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit Retention Money or from any sum due by the Employer to the Contractor contractor whether under this contract or otherwise. The otherwise Employer shall not be bound to contest any claim made against it under sub-section (1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the written request of the contractor and upon his giving to the Employer full security for all costs for which the Employer might become liable in contesting such claim.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement