Common use of Liabilities of the Contractor Clause in Contracts

Liabilities of the Contractor. i. Accident Relief and workmen compensation: The contractor should make all necessary arrangements for the safety of workmen on the occurrence of the accident, which results in the injury or death of any of the workmen employed by the contractor, the contractor shall within 24 hours of the happenings of the accident and such accidents should intimate in writing to the concerned Asst. Engineer / Asst. Executive Engineer of the Department the act of such accident. The contractor shall indemnify NITW against all loss or damage sustained by the NITW resulting directly or indirectly from his failure to give intimation in the manner aforesaid including the penalties or fines if any payable by NITW as a consequence of NITW failure to give notice under workmen’s compensation Act or otherwise conform to the provisions of the said Act. In regard to such accident. ii. In the event of an accident in respect of which compensation may become payable under the workmen’s compensation Act VIII 23 whether by the contractor, by the Government it shall be lawful for the Executive Engineer to retain such sum of money which may in the opinion of the Executive Engineer be sufficient to meet such liability. The opinion of the Executive Engineer shall be final in regard to all matters arising under this clause. The contractor shall at all times indemnify the NITW against all claims which may be made under the workmen’s compensation act or any statutory modification thereafter or rules there under or otherwise consequent of any damage or compensation payable in consequent of any accident or injuries sustained or death of any workmen engaged in the performance of the business relating to the contractor. iii. Contractor’s Staff, Representatives and Labour: (a)

Liabilities of the Contractor. i. 1. Accident Relief and workmen compensation: The contractor should make all necessary arrangements for the safety of workmen on the occurrence of the accident, which results in the injury or death of any of the workmen employed by the contractor, the contractor shall within 24 hours of the happenings of the accident and such accidents should intimate in writing to the concerned Asst. Engineer / Asst. Executive Engineer of - 56 - Signature of the Tenderer the Department the act of such accident. The contractor shall indemnify NITW Government against all loss or damage sustained by the NITW Government resulting directly or indirectly from his failure to give intimation in the manner aforesaid including the penalties or fines if any payable by NITW Govt. as a consequence of NITW Govt. failure to give notice under workmen’s compensation Act or otherwise conform to the provisions of the said Act. In regard to such accident. ii0. In Xx the event of an accident in respect of which compensation may become payable under the workmen’s compensation Act VIII 23 whether by the contractor, by the Government it shall be lawful for the Executive Engineer to retain such sum of money which may in the opinion of the Executive Engineer be sufficient to meet such liability. The opinion of the Executive Engineer shall be final in regard to all matters arising under this clause. 3. The contractor shall at all times indemnify the NITW Govt. of Tamil nadu. against all claims which may be made under the workmen’s compensation act or any statutory modification thereafter or rules there under or otherwise consequent of any damage or compensation payable in consequent of any accident or injuries sustained or death of any workmen engaged in the performance of the business relating to the contractor. iii. Contractor’s Staff, Representatives and Labour: (a)

Liabilities of the Contractor. i. Accident Relief and workmen compensation: The contractor should make all necessary arrangements for the safety of workmen on the occurrence of the accident, which results in the injury or death of any of the workmen employed by the contractor, the contractor shall within 24 hours of the happenings of the accident and such accidents should intimate in writing to the concerned Asst. Engineer / Asst. Executive Engineer of the Department the act of such accident. The contractor shall indemnify NITW against all loss or damage sustained by the NITW resulting directly or indirectly from his failure to give intimation in the manner aforesaid including the penalties or fines if any payable by NITW as a consequence of NITW failure to give notice under workmen’s compensation Act or otherwise conform to the provisions of the said Act. In regard to such accident. ii. In the event of an accident in respect of which compensation may become payable under the workmen’s compensation Act VIII 23 whether by the contractor, by the Government it shall be lawful for the Executive Engineer to retain such sum of money which may in the opinion of the Executive Engineer be sufficient to meet such liability. The opinion of the Executive Engineer shall be final in regard to all matters arising under this clause. The contractor shall at all times indemnify the NITW against all claims which may be made under the workmen’s compensation act or any statutory modification thereafter or rules there under or otherwise consequent of any damage or compensation payable in consequent of any accident or injuries sustained or death of any workmen engaged in the performance of the business relating to the contractor. iii. Contractor’s Staff, Representatives and Labour: : (a)) The contractor shall, at all times, maintain on the works, staff of qualified Engineers, and Supervisors of sufficient experience of similar other jobs to assure that the quality of work turned out shall be as intended in the specifications. The contractor shall also maintain at the works, a Work Manager or sufficient status, experience and office and duly authorize him to deal with all aspects of the day-today work. All communications to any commitments by the Work Manager shall be considered as binding on the Contractor. (b) The Contractor shall at all times submit details of skilled and unskilled labour and equipment employed to the Engineer-in-Charge in prescribed proforma as he may require to assess and ensure the proper progress of work. (c) If the contractor does not employ the technical person agreed to on the work a fine of Rs.25,000/- will be imposed. If he does not employ for 30 days, thereafter it becomes a fundamental breach of contract. iv. Accommodation and food: The contractor should arrange accommodation he needs, at his own cost. The contractor shall make his own arrangements for supply of food grains, fuel and other provision to his staff and labour including controlled commodities.