Common use of Responsibilities of the Contractor Clause in Contracts

Responsibilities of the Contractor. (a) The Contractor shall be responsible to supply adequate and sufficient number of trucks for transportation of food grains and carrying out any other services under the Contract in accordance with the instructions issued by the Dy. General Manager (Region) or an officer acting on his behalf. (i) The Contractor shall endeavor to provide Heavy Commercial Vehicles for transportation and FCI will also give priority to such vehicles wherever loading and unloading facilities, weigh Bridge etc. are available and are compatible to undertake such operations in the Depot. (b) The Contractor shall transport by trucks to be arranged by him such number of bags of foodgrains etc; as may be required from day to day by the Dy. General Manager (Region) or an Officer acting on his behalf. The Contractor shall take care not to mix bags of different kind of foodgrains, bags containing different qualities of the same foodgrains, and bags containing wet/damaged grains, sweepings etc; with bags of sound grains. (c) The Contractor shall obtain daily from the Area Manager or any officer acting on his behalf the programme of loading for the next date/day and shall provide adequate number of lorries/trucks in good condition in accordance with this programme and shall ensure that the lorries, trucks etc. are positioned at the different loading points as indicated by the Area Manager or any officer acting on his behalf, daily at the time specified. (d) In special cases the Contractor may also be required at short notice to arrange to transport bags of foodgrain, sugar etc. and shall bound to comply with such requests. (e) The quantity mentioned in any programme given by the Area Manager or any other officer acting on his behalf may be altered and the Contractor shall be bound to supply lorries/trucks required for the quantity shown in the programme. He shall not be entitled to any compensation whatsoever for not entrusting him with the quantity of work specified in any programme issued to him. (f) The Contractor shall be responsible for the safety of the goods from the time they are loaded on their truck from godowns /mandis/ rail heads until they have been unloaded from the trucks at godowns or at other destinations as specified in the Contract or as directed by the Dy. General Manager/Area Manager or any other officer acting on his behalf. The contractor shall provide tarpaulins on decks of the truck so as to avoid loss of grain, etc. through the holes/crevices in the decks of the truck and shall be liable to make good the value of any loss, shortage or damage during transit. The weight of the bags of foodgrains etc loaded/ unloaded into/from trucks or any other vehicle shall be worked out on the basis of cent percent weighment. The representative of the Contractor shall be present at the time of checking of the weights at the loading/unloading points etc. The Dy.

Responsibilities of the Contractor. i. The Company reserve the right to let other Contractors 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. ii. The Contractor/Contractors shall employ only competent, skilful and orderly men to do the work. The Engineer-in-charge shall have the right to ask the Contractor/Contractors to remove from the work site any men of the Contractor/Contractors who in his opinion is undesirable and the Contractor/Contractors will have to remove him within three hours of such orders. (a) The Contractor trucks found engaged in unlawful activities shall be enquired at Area level and in case found genuine, the drivers and trucks shall be blacklisted pan WCL. The contractor shall be warned for such cases and if such violations repeated, then action as per the Terms & Conditions of NIT/ Contract is to be taken against Contractor iii. Precautions shall be exercised at all times for the protection of persons (including employees) and property. The safety required or recommendation by all applicable laws, codes, statutes and regulations will be observed. In case of accidents, he/they shall be responsible to supply adequate and sufficient number of trucks for transportation of food grains and carrying out compliance with all the requirements imposed by the Workmen's Compensation Act or any other services similar laws in force, and shall indemnify the Company against any claim on this account. The Contractor/Contractors shall at all times exercise reasonable precautions for the safety of employees in the performance of his/their contract and shall comply with all applicable provisions of the safety laws drawn up by the State or Central Government or Municipalities and other authorities in India. The Contractor/Contractors shall comply with the provision of the safety hand book as approved and amended from time to time by the Government of India. iv. The Contractor/Contractors shall familiarize themselves with and be governed by all laws and rules of India and Local statutes and orders and regulations applicable to his/their work. v. Building for the sanitary necessities of all persons employed on the work shall be constructed and maintained in the number, manner and place approved or ordered by the Engineer-in-charge. The Contractor shall vigorously prohibit committing of nuisance at any other place. Cost of all works under these items shall be covered by the Contractor's/Contractors' tendered rates. vi. The Contractor/Contractors shall furnish to the Engineer-in-charge or his authorised representative with work reports from time to time regarding the Contractor/Contractors organisation and the progress made by him/them in the execution of the work as per the contract agreement. vii. All duties, taxes (excluding Goods and Services Tax (GST) and GST Compensation Cess (if applicable) only) and other levies payable by the bidder/Contractor under the Contract Contract, or for any other cause as applicable on the last date of submission of Bid, shall be included in the rates, prices and the total Bid Price submitted by the Bidder. Applicable GST, either payable by bidder or by company under reverse charge mechanism shall be dealt as per GST Act. All investments, operating expenses, incidentals, overheads etc. as may be attendant upon execution and completion of works shall also be included in the rates, prices and total bid price submitted by the bidder. However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid and/or any increase over the rate existing on the last date of submission of Bid shall be reimbursed by the company on production of documentary evidence in support of payment actually made to the concerned authorities. Similarly, if there is any decrease in such duties, taxes and levies the same shall become recoverable from the Contractor. The details of such duties, taxes and other levies along with rates shall be declared by the bidder. The rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST & GST Compensation Cess (if applicable). The payment of GST and GST Compensation Cess by service availer (i.e. CIL/Subsidiary) to bidder/Contractor (if GST payable by bidder/Contractor) would be made only on the latter submitting a Bill/invoice in accordance with the instructions provision of relevant GST Act and the rules made thereunder and after online filing of valid return on GST portal. Payment of GST & GST Compensation Cess is responsibility of bidder/Contractor. However, in case Contractor is GST unregistered bidder/dealer or GST registered under composition scheme in compliance with GST rules, the bidder/dealer shall not charge any GST and/or GST Compensation Cess on bill/invoice. In case of unregistered dealer/bidder, GST, if applicable will be deposited by CIL/Subsidiary directly to concerned authorities in terms with GST provisions. Input tax credit is to be availed by CIL/Subsidiary as per rule. If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital Goods or the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and services in incorporating the tax invoice issued by to CIL/Subsidiary in its relevant returns under GST, payment of CGST & SGST or IGST, GST (Compensation to State ) Cess shown in tax invoice to the Dy. General Manager (Region) tax authorities, issue of proper tax invoice or an officer acting any other reason whatsoever, the applicable taxes &cess paid based on his behalfsuch Tax invoice shall be recovered from the current bills or any other dues of the supplier/vendor along with interest, if any. (i) viii. The Contractor shall endeavor Company reserves the right to provide Heavy Commercial Vehicles for transportation and FCI will also give priority to such vehicles wherever loading and unloading facilitiesdeduct/ withhold any amount towards taxes, weigh Bridge levies, etc. are available and are compatible to undertake deal with such operations amount in terms of the Depotprovisions of the Statute or in terms of the direction of any statutory authority and the Company shall only provide with certificate towards such deduction and shall not be responsible for any reason whatsoever. (b) ix. The Contractor Contractor/Contractors shall transport by trucks make his/their own arrangement for all materials, tools, staff and labourer required for the contract, which shall include cost of lead, lift, loading, unloading, railway freight, recruiting expenses and any other charges for the completion of the work to be arranged by him such number the entire satisfaction of bags of foodgrains etc; as may be required from day to day by the Dy. General Manager (Region) or an Officer acting on his behalfCompany. The Contractor shall take care not to mix bags at his own cost arrange maintenance/repair of different kind of foodgrains, bags containing different qualities all equipment required/deployed for the work. The Company shall have no liability whatsoever on this account. x. No sub-letting of the same foodgrainswork as a whole by the Contractor is permissible. Prior permission is required to be taken from the principle employer for engagement of sub-Contractors in hiring equipment contract for part work / piece rated work. The works contract may provide for the contractor to get specified works executed from subcontractors included in the pre-qualification application or later agreed to by the Procuring Entity, and bags containing wet/damaged grainswith a caveat that the responsibility for all sub-contact work rests with the prime contractor. Sub- contracting may be for specialized items of work. Procurement of material, sweepings etc; with bags hiring of sound grainsequipment or engagement of labour will not mean sub-contracting. The total value of subcontracted work should not exceed the percentage of the contract price specified in the contract (say 25%). Sub-contracting by the contractor without the approval of the Procuring Entity shall be a breach of contract, unless explicitly permitted in the contract. (c) xi. Provision Related to Employment of Labour, Payment of wages and Provident Fund Deduction. The Contractor shall also comply with statutory requirements under CL(R&A) Act and also obtain daily labour license. The Contractor shall not engage any person of less than 18 years of age. The Contractor/Contractors shall not pay less than the wages fixed (notified and prevalent during execution of the bid for mining activities as per policy decision of the Company/CIL valid from time to time) in respect of his employees of different categories. The payment of wages to the Area Manager or any officer acting on his behalf workers should be made through Bank. The Contractor/ Contractors shall make necessary payment of the programme of loading Provident Fund for the next date/day workmen employed by him for the work as per the laws prevailing under provisions of CMPF and Miscellaneous Provisions Act 1948 or Employees Provident Fund and Miscellaneous Provisions Act 1952 as the case may be. The Contractor shall provide adequate number of lorries/trucks in good condition regularly deposit the contribution in accordance with such scheme. The Company shall have no liability whatsoever in this programme regard. The Contractor shall arrange treatment facilities to Contractor’s workers. However, treatment facilities, as available at Company’s hospital and dispensary shall ensure that be provided to Contractors’ workers, in case Contractor wants to avail it. The treatment facility at Company’s Hospitals / Dispensary shall be free of cost, but to the lorriesextent of available medicines, trucks etcpathological examination and other surgical treatment. are positioned at Such facilities shall not be applicable to worker’s spouse or dependent. The Contractor should issue Identity Card to the different loading points as indicated workmen deployed by them with photograph duly attested by him which the Area Manager or any officer acting employee shall always carry with him while on his behalfwork and produce for Inspection whenever required. The Contractor shall familiarize himself and fully comply with the provisions of all the Acts/Rules/Regulations/Bye-laws and orders of the Local authority / Municipality /State Govt./ Central Govt. applicable to the worker. Mines Act, daily at the time specified. (d) In special cases the Contractor may also be required at short notice to arrange to transport bags Payment of foodgrainWages Act, sugar Motor Vehicle Act, Workermen’s Compensation Act, Labour Laws, Insurance etc. and shall bound be fully responsible and liable for the due observance of the same. The Company shall have no responsibility / liability whatsoever on these accounts. The Contractor shall fully indemnify the Company against any claim/dispute/reference Award, etc. arising out of the same. The Contractor shall make timely payment of all salary /wages/ dues to comply with such requests. (e) his employees and shall also provide all benefits to his employees as per various Acts/ Rules, Regulation, Orders applicable to the work e.g bonus under Coal Mines Bonus Scheme and Payment of Bonus Act, Sunday Wages, Overtime, Holiday Wages, Leave Wages, Sick Leave etc. The quantity mentioned Contractor shall prepare the wages sheet for his employees in any programme given duplicate, a copy of which shall be regularly submitted to the Engineer-in- charge of the project. The responsibility of the Contractor in respect of all payments to his employees will be complete and absolute. The Company shall have no liability whatsoever in this regard and shall be fully indemnified by the Area Manager Contractor against any claim arising out of any non-payment / short payment / dispute/ award. In case any accident occurs or any other officer acting injury is caused to any employee of the Company by the vehicles/equipment of the Contractors or by any act of omission/ commission on his behalf may the part of the Contractor's representative/ employees, the compensation for the same, as provided in law or as assessed by the Company shall be altered and recovered from the Contractor along with the costs and expenses incurred by the Company on the same. The contractor shall be bound to supply lorries/trucks required pay to their workers engaged in mining activities as defined under Section 2 (h), (j) & (k) of the Mines Act, 1952 in respect of every accounting year a minimum bonus (as modified from time to time in the Payment of Bonus Act or applicable statute) or “Performance Linked Incentive (PLI) for Contractor Workers” in lieu thereof which shall be 8.33 per cent of the salary or wage earned by the worker during the accounting year irrespective of whether they are covered under Payment of Bonus Act, 1965 or not”. Note:- a. In order to become eligible for above Performance Linked Incentive (PLI), the contractors’ workers engaged in mining activities must have worked for minimum 30 days in the relevant Accounting Year. b. A Contractor Worker engaged in mining activities shall be disqualified from receiving Performance Linked Incentive (PLI), if he is indulged in— I fraud; or II riotous or violent behavior; or III theft, misappropriation or sabotage of any property belonging to CIL or its Subsidiaries c. The above payment of Performance Linked Incentive (PLI) for contractors’ workers engaged in mining activities would be on pro-rata of attendance. xii. All accounts shall be maintained in English and the Company shall have the right of access and inspection of all such books of accounts etc. relating to payment of labourer considered necessary and the Company may arrange for witnessing the payment to the labourer by its representatives. xiii. The Contractor/ Contractors shall make necessary payment of the Gratuity to the workmen employed by him for the quantity shown in work, as per the programme. He shall not be entitled to any compensation whatsoever for not entrusting him with provisions of the quantity Payment of work specified in any programme issued to himGratuity Act, 1972 (39 of 1972). (f) The Contractor shall be responsible for the safety of the goods from the time they are loaded on their truck from godowns /mandis/ rail heads until they have been unloaded from the trucks at godowns or at other destinations as specified in the Contract or as directed by the Dy. General Manager/Area Manager or any other officer acting on his behalfxiv. The contractor shall provide tarpaulins on decks of the truck so as to avoid loss of grain, etc. through the holes/crevices in the decks of the truck and shall be liable will have to make good necessary security arrangement to prevent theft of coal from the value of any lossproject premises, shortage or damage during transit. The weight of the bags of foodgrains etc loaded/ unloaded into/from trucks or any other vehicle shall be worked out on the basis of cent percent weighment. The representative of the Contractor shall be present transportation and also at the time of checking of the weights at the loading/unloading points etc. The Dycoal dumps.

Responsibilities of the Contractor. (a) The Contractor shall be responsible to supply adequate and sufficient number of trucks for transportation of food grains SBT Gunnies/ HDPE bags and carrying out any other services under the Contract in accordance with the instructions issued by the Dy. General Manager (Region) or an officer acting on his behalf. (i) The Contractor shall endeavor to provide Heavy Commercial Vehicles for transportation and FCI will also give priority to such vehicles wherever loading and unloading facilities, weigh Bridge etc. are available and are compatible to undertake such operations in the Depot. (b) The Contractor shall transport by trucks to be arranged by him such number of bags of foodgrains SBT Gunnies (665 Grams per bag), HDPE Bags(135 Grams per bag) etc; as may be required from day to day by the Dy. General Manager (Region) or an Officer acting on his behalf. The Contractor shall take care not to mix bags of different kind of foodgrainsSBT Gunnies (665 Grams per bag), HDPE Bags(135 Grams per bag) , bags containing different qualities of the same foodgrainsSBT Gunnies (665 Grams per bag), HDPE Bags(135 Grams per bag) , and bags containing wet/damaged grains, sweepings etc; with bags of sound grains. (c) The Contractor shall obtain daily from the Area Manager or any officer acting on his behalf the programme of loading for the next date/day and shall provide adequate number of lorries/trucks in good condition in accordance with this programme and shall ensure that the lorries, trucks etc. are positioned at the different loading points as indicated by the Area Manager or any officer acting on his behalf, daily at the time specified. (d) In special cases the Contractor may also be required at short notice to arrange to transport bags of foodgrain, sugar etc. SBT Gunnies/ HDPE bags and shall bound to comply with such requests. (e) The quantity mentioned in any programme given by the Area Manager or any other officer acting on his behalf may be altered and the Contractor shall be bound to supply lorries/trucks required for the quantity shown in the programme. He shall not be entitled to any compensation whatsoever for not entrusting him with the quantity of work specified in any programme issued to him. (f) The Contractor shall be responsible for the safety of the goods from the time they are loaded on their truck from godowns /mandis/ rail heads until they have been unloaded from the trucks at godowns or at other destinations as specified in the Contract or as directed by the Dy. General Manager/Area Manager or any other officer acting on his behalf. The contractor shall provide tarpaulins on decks of the truck so as to avoid loss of grain, etc. through the holes/crevices in the decks of the truck and shall be liable to make good the value of any loss, shortage or damage during transit. The weight of the bags of foodgrains etc loaded/ SBT Gunnies (665 Grams per bag), HDPE Bags(135 Grams per bag) etc. loaded/unloaded into/from trucks or any other vehicle shall be worked out on the basis of cent percent weighment. The representative of the Contractor shall be present at the time of checking of the weights at the loading/unloading points etc. The DyGeneral Manager/Area manager of the Corporation as the case may be will be the sole Authority for determining the quantum of the loss. (g) The Contractor shall be liable to obtain Transit Insurance Cover from a General Insurance Company in favour of the Corporation against loss or damage to the SBT Gunnies (665 Grams per bag), HDPE Bags(135 Grams per bag) entrusted to him for transportation. (h) The loading of the stocks will be restricted to the rated axle load of the commercial vehicle prescribed under the Motor Vehicles Act and Rules there under as amended from time to time and the Contractor will abide by such rules in regard to loading of vehicles. If any penalty is imposed by any authority or any action is taken, in the event of overloading the vehicle, the Contractor shall be solely responsible for the same. Any Contractor resorting to overloading of the trucks in violation of the Rules will be treated as violating the terms & conditions of this Contract for which his Contract is liable to be terminated. (i) The Contractor shall be liable for any loss/damage caused by any delay in the delivery of goods to the Corporation due to breakdown of vehicle or its detention by the police or other Authorities for non-compliance with any of the Rules and Regulations. (j) The Contractor shall not allow any other goods to be loaded in the lorries/trucks in which the foodgrain etc. of the Corporation are loaded. (k) The Contractor shall periodically inform in writing the registration numbers and description of the vehicles used for the transport of the goods of the Corporation so as to facilitate checking of the vehicles by the officers/ officials of the Corporation.