SPN87
SPN87
“MTPS I - Civil Circle - Providing partition brick wall in between the Dykes of hydrochloric
acid storage tanks and sodium hydroxide storage tanks in the D.M.Plant premises at
MTPS I”
THROUGH E-TENDERING.
12 ANNEXURE - IV UNDERTAKING
1.0) The bidding under this contract is electronic bid submission through website
https://tntenders.gov.in only. Detailed guidelines for viewing bids and submission of
online bids are given on the website. Any citizens or prospective bidders can logon to this
website and view the invitation for Bids and can view the details of works for which bids are
invited.
2.0) Registration:
2.1) The prospective bidders can submit bids online, however, the bidders are required to
have enrolment / registration in the website by clicking on the link “Online bidder
enrolment” which is free of charge.
2.2) As part of the enrolment process, the bidders are required to choose a unique
username and assign a password for their accounts.
2.3) Bidders are advised to register their valid e-mail address and mobile numbers as part
of the registration process. These details would be used for any communication from the e-
Portal.
2.4) Upon enrolment, the bidders are required to register their valid Digital Signature
Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.), with their
profile.
2.5) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.
2.6) Bidder then can login to the site through the secured login by entering their user ID
/ password and the password of the DSC / e-Token.
Name of work: MTPS I - Civil Circle - Providing partition brick wall in between the
Dykes of hydrochloric acid storage tanks and sodium hydroxide storage
tanks in the D.M.Plant premises at MTPS I
SPECIFICATION NO CE / MTPS I / SE /CIVIL / MTPS I / SPN NO 87 /2023 - 2024
BID QUALIFICATION REQUIREMENTS (BQR)
1. The bidder should have previously executed any civil work within the past ten years as
on the date of tender opening to any Public Sector Undertaking / State Electricity Boards /
any Thermal Power station of Government Organisations (State or Central) in India. The
date of work order will be reckoned for ascertaining the eligibility of the tender. The bidder
shall upload scanned original / copy of the work order in complete shape for the above
during e-tender.
Note: The Documentary proof for the above BQR shall be scanned and uploaded, failing
which their bid will be summarily rejected. The successful bidder has to submit the attested
copies of the documents satisfying BQR criteria after tender opening, in the office of the
Tender Inviting Authority.
SE / CIVIL / MTPS I
SECTION-C
Name of Work: MTPS I - Civil Circle - Providing partition brick wall in between the
Dykes of hydrochloric acid storage tanks and sodium hydroxide storage
tanks in the D.M.Plant premises at MTPS I
SPECIFICATION NO CE / MTPS I / SE / CIVIL / MTPS I / SPN NO 87 /2023-2024
TENDER SCHEDULE
Rate (Both
Sl.
Qty Description Unit in Figures &
No
words)
1 3.50 Removal of one course of acid proof bricks and 1 m² Rate to be
m² (One Quoted
same is cleared from the site neatly as directed
Square
in BOQ
by the Engineer at site including labour, lead, metre)
lift, safety arrangements, etc complete.
2 0.40 Providing PCC 1:11/2:3 mix using 6 mm & down 1 m³ Rate to be
m³ (One Quoted
graded HBG stone for roof as directed by the
Cubic
in BOQ
Engineer at site, including cost of all materials, metre)
lead and lift etc., complete.
3 6 m³ Providing Brick work in CM 1:5 using II Class 1 m³ Rate to be
(One Quoted
ground moulded chamber burnt bricks including
Cubic
in BOQ
cost of all materials, labour charges, curing, metre)
lead, lift, etc, complete.
4 85 m² Plastering with CM 1:5, 12 mm thick and 1 m² Rate to be
(One Quoted
finishing the surface neatly including cost of all
Square
in BOQ
materials, including labour charges, curing, all metre)
lead, lift and conveyance of materials etc.,
complete
5 85 m² 1 m²
White washing two coats of brick partiton walls Rate to be
(One Quoted
surfaces using shell lime (slaked and
Square
in BOQ
screened)including cost of materials, labour metre)
charges, cleaning the surfaces, scaffolding
charges, lead, lift, etc., complete as directed by
the department engineer at site.
5 (five) items only.
GST @ 18% is applicable with input Tax credit on 100%
(For bidders within TN : SGST & CGST)
(For bidders outside TN :IGST)
Note: While quoting the rates the bidder shall indicate the SCT code as per GST Act.
(The EPF & ESI will not be reimbursed. However the documentary evidence for having
remitted EPF & ESI at actual has to be submitted along with invoice and declaration as per
Annexure -II)
IT PAN No :
GSTIN No :
Name of Work MTPS I - Civil Circle - Providing partition brick wall in between the
Dykes of hydrochloric acid storage tanks and sodium hydroxide
storage tanks in the D.M.Plant premises at MTPS I
Period Of Work 1 (One) month from the date of taking over of site.
WORK:
The work should be done carefully and without hindrance to other agencies/ TANGEDCO
who are in the work in the area.
For any damage /misusing or theft to the TANGEDCO equipment during work the
contractor will be solely responsible and the loss due to this should be borne by the
contractor.
If the contractor does not carry out the work to the entire satisfaction of the Engineer in
charge the contractor will be liable for termination without assigning any reasons there
for.
The tenderer should inspect the equipment and take out a thorough assessment of the
nature of the work and satisfy himself before quoting. Any representation at a later date
under any circumstances on any account will not be entertained.
Based on the actual works undertaken, the bill will be claimed and paid.
The work should be carried out continuously and completed within a period as directed
by the Engineer in charge of work.
Any modification (or) alteration required in the existing arrangement should be at
contractor scope.
If the contractor fails to complete the work/discontinue, TANGEDCO will carry out the
work by engaging the other suitable agencies. The loss or inconvenience in connection
with above work will be recovered from the default contractor.
The required quantity of consumables has to be supplied by the contractor as per the
direction of Engineer in-charge.
LABOUR:
The contractor has to arrange for the skilled workmen required for the work. The skilled
man should be present during works.
The contractor should engage sufficient quantity of skilled and unskilled labours in
THREE SHIFTS for the completion of entire work.
Drawal and devolution of retrieved scrap materials is connected to the concern work
under the contractor scope.
The contractor should have one supervisor at site during working hours.
The workmen engaged by the contractor should be physically fit and shall have good
experience in this type of work.
Safety:
Safety precautions should be adopted strictly during the work and in the work area.
The area should be cleaned after completion of work.
The contractor should adhere to all safety precautions and statutory provisions for the
workmen and necessary group insurance should be taken for them. The TANGEDCO can
not be held responsible for any accidents due to the carelessness of the worker. MTPS I
will not be responsible in any way either legal or financial to the same. The contractor
will have to pay compensation to such cases.
Insurance policy should be submitted to the concerned Engineer In charge of MTPS I
well before commencing the work.
Only 24V-hand lamp should be used for internal works. Floodlights, if required have to
be arranged by the contractor.
Every portable electrical tool to be used should be with three pin plug and three wire
system, only to avoid electrical shock during work. Proper earthing should be checked
both at supply and at tool before commencement of the work.
MTPS I is plastic free zone. Hence, the tenderer is requested not to carry any plastic
materials inside the plant premises and also the contractors are responsible to maintain
the plastic free environment at their respective work place and if any plastic material is
found at or around their work spot, suitable penalty will be imposed to the concerned
agency.
NOT TRANSFERABLE
:: TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD ::
METTUR THERMAL POWER STATION-I
K2 CONTRACT CONDITIONS
SPECIFICATION NO CE / MTPS I / SE / CIVIL /MTPS I/SPN NO 87 / 2023 - 2024
SECTION-E
1) EARNEST MONEY DEPOSIT
1.1) Tenderer should pay the specified amount towards Earnest Money Deposit as follows:
Earnest Money Deposit: Rs.600/- (Rupees six hundred only).
The Earnest Money Deposit specified above should be in the form of ONLINE for the
above amount to the Common Pool Account in the Portal. (M/s. NIC Portal is integrated
with SBI Payment Gateway services for online collection of Tender Fee and EMD and
automatic refund & settlement of EMD) Any other transaction made to TANGEDCO will not
be accepted. Scanned copy of the E-receipt duly reflecting the UTR Number shall be
uploaded
1.5).CALCULATION OF INVESTMENT:
The Plant and Machinery shall have the same meaning as assigned to the plant and
machinery in the Income Tax Rules, 1962 framed under the Income Tax Act, 1961 and shall
include all tangible assets (other than land and building, furniture and fittings). The cost of
certain items specified in the Explanation I to sub-section (1) of section 7 of the Act shall be
excluded from the calculation of the amount of investment in plant and machinery.
The investment value in Plant and Machinery for the purpose has to be certified by a
Chartered accountant and the same is to be uploaded in the bid in case the bidder claims
EMD exemption.
1) The Earnest Money Deposit will be refunded to the unsuccessful tenderers on
application after intimation is sent to him of the rejection of tender.
2) The Earnest Money Deposit will be retained in the case of successful tenderer / tenders
and will not carry any interest. It will be dealt with as provided in the tender. When the
tender is accepted, the tenderer whose tender is under consideration shall attend the office
of the SE / Civil / MTPS I / Mettur Dam-6 on the date fixed by written intimation to him. If
the tenderer fails to attend the office before the end of specified period, his tender will not
be considered.
SECTION-G
INSTRUCTION TO BIDDERS FOR OPENING OF ONLINE BIDS IN E- TENDER &
EVALUATION
9) PERIOD OF COMPLETION: 1 (One) month from the date of taking over of site.
Payment will be made to the account of the successful tenderer through online.
i) No advance payment will be made for any item of work.
ii) (a) 95% payment will be made in Part Bills / Final Bill retaining 5% as retention amount.
The retention amount will be will be released after 3 (Three) months from the date of
completion of work and fulfillment of contractual obligations.
(b) 95% payment will be released within a time frame of 90 days from the date of
completion of works / completion of services as the case may be for both SSI units and
non-SSI units and failing which simple interest for the delayed period will be paid at the SBI
three months MCLR.
iii) Retention amount: Besides the Security deposit mentioned in para 7.0 above, a further
deduction of 5% of the value of the work done shall be made for purpose of additional
security deposit from each intermediate bill to be paid until the completion of work.
iv) The 5% retention amount along with E.M.D and Security Deposit collected will be
released after 3 (Three) months from the date of completion of work and fulfillment of
contractual obligations.
19) GENERAL:
Before quoting of the tender, the tenderer should have carefully followed the instructions in
the tender notice and have read the TamilNadu building Practice and the relevant conditions
of the General conditions of Contract and should have made such examination of the
contract documents and the specification etc. and of the location, where the said work is to
be done and in regard to the materials to be furnished as to enable him thoroughly to
understand the intention of the same and requirements, covenants, stipulations and
restrictions contained in the contract and in the said specifications and should distinctly
agree that they would not here after make any claim or demand upon TANGEDCO based
upon or arising out of any alleged misunderstanding or misconception or mistake on their
part of the said requirements, covenants, stipulations and restrictions and conditions.
The tenderer should clearly understand that the entire work has to be carried out in
accordance with the relevant Indian Standard specifications with their latest amendments
and his rates shall be inclusive of the all the expenses required to meet the requirements of
such specifications.
The tender should quote specific rates for each item in the schedule and the rates should be
in rupees and sums of five paise. The rates should be written both in words and figures. In
case of discrepancy between the two, the lesser of the two only will be taken as the quoted
rate.
20) APPEAL:
Any tenderer aggrieved by the order of the tender acceptance authority (competent
authority) may prefer an appeal to the TANGEDCO within 10 days from the date of receipt of
order.
SECTION-H
TERMS AND CONDITIONS
21) RATES:
The contractor/ firm should closely note all the specification clauses which govern the
rates while he is tendering. The rates accepted shall remain FIRM for the entire duration
of contract or any extension thereof. The award of contract will be issued to the
successful tenderer with all TANGEDCO Ltd’s terms and conditions, duly
indicating the approved unit rates and the approximate quantity allotted to them .
The final rates should be inclusive of all incidental expenses for carrying out
subject work. All the expenses to be incurred by the contractor are required to
be included to the extent they are charged to arrive the contract value i.e.
transaction value. The applicable GST shall be worked out on the transaction
value only.
The benefit of Input Tax Credit (ITC) if any availed by the bidder shall be
passed onto TANGEDCO while quoting the price.
* Denial of ITC Claim: Invoice is an essential document for TANGEDCO to avail Input
Tax Credit (ITC). TANGEDCO cannot avail input tax credit from suppliers whose Turnover
exceeds Rs.10 Crores without an e-invoice or e-invoiced debit note or e-invoiced credit note.
Now as per the advisory, suppliers having annual turnover of Rs.100 crore and above, the e-
invoice has to be created within 7 days of issue of Invoice/ Credit Note/ Debit Note.
* The Suppliers/ Contractors, whose annual turnover exceeds Rs.10 Crores to raise e-
invoice, so that TANGEDCO could avail Input Tax Credit under GST. E-Invoice is a system in
which B2B invoice are authenticated electronically by GSTIN for further use on the common
GST portal. Under the electronic invoicing system, an identification number will be issued
against every invoice by the Invoice Registration Portal (IRP) to be managed by the GST
Network (GSTN)
The EMD paid by the tenderer will be adjusted in SD/SD cum PG. The SD/SD cum PG
shall be paid within 30 days from the date of receipt of acceptance letter. If the tenderer
fails to pay the SD/SD cum PG within stipulated period, the acceptance letter will be
cancelled together with forfeiture of E.M.D. The belated payment of SD/SD cum PG shall
not be accepted hereafter. National Savings Certificate and National Plan Certificate will not
be accepted.
23.2) This Security Deposit together with the Earnest Money Deposit shall be retained as
Security for the due fulfillment of the contract. Earnest Money Deposit and Security Deposit
will not bear any interest.
23.3) The Security Deposit / EMD are refundable only after the satisfactory completion of
the Work in all respects. The Earnest Money Deposit made by Tenderer shall be retained as
security for the due fulfillment of the agreement. Such deposit or deduction or any portion
thereof may, at the discretion of the competent authority, be forfeited on failure of non-
fulfillment by the contractor of any of the conditions below.
(a) He withdraws his tender or backs out after acceptance.
(b) He withdraws his tender before the expiry of validity period stipulated in the
Specification or fails to remit the Security Deposit.
(c) He violates any of the provisions of these regulations contained herein.
(d) He revises any of the terms quoted during the validity period.
(e) In the event of documents furnished with the offer being found to be bogus or the
Documents contain false particulars, the EMD paid by the tenderers will be forfeited
in addition to blacklisting them for future tenders/contracts in TANGEDCO,
TANTRANSCO & TNEB LIMITED.
27.3) DEFAULT: The defaulting contractors should be made liable to pay to the
TANGEDCO, in addition to Liquidated damages for delay, the actual difference in price,
wherever TANGEDCO orders the delayed quantity to be executed by other agencies at a
higher rate.
27.4) LOSS OR INCONVENIENENCE: If the contractor has failed to complete the work /
discontinue, the work will be carried out by engaging other suitable agencies by TANGEDCO.
The loss or inconvenience in connection with the above work will be recovered from the
default contractor.
30) INCOMETAX
Income Tax will be recovered from the contractors every running bill at the
prevailing rate of tax in force with amendments issued from time to time as per the
Income Tax Act.
48) SUBLETTING
No part of the contract shall be sublet without prior written permission of the Chief
Engineer or shall transfer to made by Power of attorney authorizing others, to receive
payment on CONTRACTOR's behalf. In case of the CONTRACTOR engaging contract
labourers with the prior approval mentioned above in writing, the following should be
strictly adhered to.
a. The CONTRACTOR should fulfill strictly all the conditions as stipulated In the
contract labour (Regulation and abolition) Act, 1970 and the rules made there
under.
b. The CONTRACTOR should take out a license at his cost, under section 12 of the
above said act within the specified period as mentioned by the Management/
Principal employer at the time of awarding the contract.
49) SPLITTING OF THE WORK:
Owner reserves the right to split up the work covered in the scope of this contract among
more than one contractor as per Tender Regulation & site condition, at the stage of
initial contract award or during the operation of the contract due to the unsatisfactory
progress of quality of work or both of the contractor, as considered by the owner. Owner
will not entertain any claim from the contractor on account to such splitting up.
50) JURISDICTION:
Same as otherwise In Tamil Nadu Transparency in Tender Act 1998 no order passed or
proceeding taken by any officer or authority under this act shall be called in question in any
court and no in junction shall be granted by any court in respect of an action taken or to be
taken by such officer or authority in pursuance of any power conferred by or under this act.
No suit or any proceedings regard to any matter arising in any aspect under this contract
shall be instituted in any court in the, say, City Court at Chennai or the court of Small Cases
at Chennai. It is agreed to, that no other court shall have jurisdiction, to entertain suit or
proceedings, even- though the part of cause of action might arise within their jurisdiction.
In case of any part of the cause of action might arise within the jurisdiction of any court of
TamilNadu State and rest within the jurisdiction of courts outside TamilNadu and not in the
court of Chennai City, then it is agreed to, between two parties that such suits or
proceedings, shall be instituted within the State of TamilNadu and no other court outside
the State of TamilNadu shall have jurisdiction, even though any part of the cause of the
action might arise within the jurisdiction of such court.
51) FORCE MAJEURE:
51.1) If at any time during the continuous of this contract, the performance in whole or in
part in any delegation under this contract shall be prevented or delayed by reasons of any
war hostilities, acts of public enemy, acts of civil commotion, strikes, lockouts sabotages,
fires, floods, explosions, epidemics, warranting restrictions or other Acts of God (herein
after referred to as eventualities) then provided notice of the happening of such
eventualities, is given by the tenderer to the TANGEDCO within 15 days from the date of
occurrence there of neither party shall, have any claims for damages against the other in
respect of such non-performance or delay in performance and deliveries under this contract
shall be resumed as soon as practicable after such eventuality has come to an end or
ceased to exist.
51.2) Provided that in the performance in whole or part by the tenderer or any obligation
under this contract is prevented or delayed by reason so of any eventuality for a period
exceeding 90 days, the TANGEDCO may at its option terminate this contract by notice in
writing.
51.3) The Power cut shall not be considered under force majeure condition. The period
of extension shall be decided only by the authority who placed the order, after verifying
the evidence for the cause of delay.
52) ARBITRATION:
The arbitration Clause is not applicable to this contract.
53) GUARANTEE:
i) The tenderer shall however accept to furnish guarantee / performance bank
guarantee for the work done for 12 months from the date of commissioning / 18 months
from date of completion of work whichever is earlier. If any defect noticed in the
workmanship / materials, the same should be made good at free of cost.
ii) The performance guarantee for 5% of Total contract value should be produced in
a non – judicial stamp paper of value Rs. 80/- (Rupees Eighty only) with two witnesses,
immediately after completion of works.
iii) The tenderers shall guarantee among other things, the following:
a) Quality and Strength of materials used.
b) Safe electrical and mechanical stresses on all parts of the
equipments/ materials under all specified conditions.
c) Performance figures given by the tenderers in the Schedule of Guaranteed
technical particulars.
54) DRINKING WATER: Water of good quality and fit for drinking purpose shall be
provided for the workers on a scale of not less than 3 litres per head per day, by the
contractor at his own cost.
55) WATER FOR SUPPLY: Water required for the work will be arranged by the contractor
himself. If water is supplied by the TANGEDCO at any one point, recovery from their bill will
be made at the rate of Rs.6.00/1000 Litres.
56) POWER SUPPLY FOR WORKS: Electricity will be supplied at any one point nearer to
the site. The current consumption will be metered and the charges for the same will be
recovered at the prevailing tariff rates.
The tenderers should state in clear terms whether they are professionally qualified or
whether they undertake to employ technical men required by the department as specified in
the schedule below for the work, at their cost to look after the work.
Sl. Value of Minimum qualification prescribed for the technical staff Rate of
No Contract to be employed penalty
1. Above Rs.1 One Diploma Holder in Civil Engineering or a retired As mentioned
lakh and supervisor (Civil) from Govt. service or autonomous below in the
upto Rs.3 body like the Tamil Nadu Housing Board etc. note
lakhs.
2. Above Rs.3 One B.E Civil or equivalent degree holder in Civil
lakhs and Engineering with one year experience or a retired Civil
upto Rs.10 Engineer from Govt. Service or an autonomous body --- do ----
lakhs. not below the rank of an Assistant Executive Engineer.
3. Above One B.E. Civil or equivalent degree holder in Civil
Rs.10 Lakhs Engineering with 3 years experience (or) a retired Civil
and upto Engineer from Govt. service (or) an autonomous body
Rs.50 lakhs like the Tamil Nadu Housing Board etc., not below the
--- do ----
rank of AEE plus one Diploma holder in Civil
Engineering or retired Supervisor / Civil from Govt.
service or an autonomous body like the Tamil Nadu
Housing Board.
4. Above One B.E / Civil or equivalent degree holder with 3 years
Rs.50 lakhs. experience plus 3 Diploma holders in Civil Engineering.
Alternative: Two B.E / Civil or equivalent degree --- do ----
holders out of whom atleast one must have an
experience of 5 years plus one diploma holder
NOTE:
i) An amount of Rs.20,000/- per month per person for Graduate Engineers and Rs.15,000/-
per month per person for Diploma holders will be recovered as penalty for non-
employment of Technical personal as specified above.
ii) The Contractor should see that one of the senior technically qualified men is always at
site during working hours, personally checking all the items of work and paying extra
attention to such works as may deemed special attention. If the tenderer fails to employ the
technical staff as indicated above for the works, penalty shall be levied as per the rate of
penalty indicated above for the period of each non-employment of technical staff.
SE / CIVIL / MTPS I
ANNEXURE -I
DRAFT UNDERTAKING IN LIEU OF PAYMENT OF E.M.D.
(IN NON JUDICIAL STAMP PAPER OF VALUE NOT LESS THAN Rs.80/-)
THIS UNDERTAKING Executed at _On this
thereunder_ _day of_ _ _Two thousand ----------------
-- by M/s. The company registered under Companies Act. 1956.
Having registered office at _ hereinafter called “Tenderer” to and in favour
of the Tamil Nadu Generation Corporation Limited, a Body corporate constitute under
The Electricity (Supply) Act, 1948 having its office at NPKRR Maaligai,144, Anna Salai,
Chennai-2 represented by _.(hereinafter called the TANGEDCO).
WHEREAS the contract is for the supply/ erection/ construction/ suggestion for special
nature of work etc., in terms of the tender Specification No. .
AND WHEREAS in accordance with Clause of the above said tender Specification, the
tenderer has to furnish E.M.D. of Rs. /- (Rupees )
AND WHEREAS the tenderer has requested the TANGEDCO to accept the undertaking, in
lieu of payment in cash of the E.M.D.
AND WHEREAS the TANGEDCO has accepted the request of the tenderer subject to
his executing an undertaking to pay to the TANGEDCO Not exceeding Rs. /-
(Rupees
) representing the Earnest Money Deposit together
with costs in case of non-fulfilment of the conditions stipulated in the tender
specification/conditions in the contract, by the Tenderer.
SIGNATURE
In the presence of witnesses.
1.
2.
ANNEXURE-II
1. I/We hereby state that (Name of the contractor) has been duly registered under
EPF Act and ESI Act vide main code number _____________ and __________
respectively.
2. I/We hereby declare that the EPF & ESI employee and employer contribution has
been remitted for all the workers engaged for execution of the subject contract
entered with TANGEDCO.
3. I/We hereby certify that there are no EPF & ESI dues to be remitted in respect of
the period of execution of the subject contract and in case, any shortfall of
discharging the EPF & ESI obligations is found on our part (contractor) at later
date, TANGEDCO shall not be responsible for the consequent legal/financial
obligations.
4. In the event of EPF & ESI obligations are found on our part (contractor) in respect
of subject contract, the same will be duly discharged by me/us to the respective
authorities.
DECLARATION
TO
Dear Madam,
1) Having examined the above specification together with the accompany schedules etc.,
we hereby offer & accept to undertake the work along with materials if any, covered in this
specification, at the rates entered in the attached schedule of prices.
4) We hereby declare that we have registered with PMRPY Scheme with EPFO to avail the
benefits and employer contribution in respect of EPF will be availed from PMRPY or it would
be borne by us.
Yours faithfully,
PLACE : SIGNATURE :
DATE : DESIGNATION :
Order No :
1) I/we hereby state that, the EPF & ESI employee and employer contribution has
been remitted for all the workers engaged for execution of the respective contracts.
2) I/we hereby state that, there are no EPF & ESI dues to be remitted in respect of
the period of execution of the respective contracts, and in case, if there is any shortfall of
discharging the EPF & ESI obligations on our part (contractor) at later date,
TANGEDCO/TANTRANSCO shall not be responsible for the consequent Legal/Financial
obligations.
Date :
Place :
Authorised Signatory
(Contractor)
With Seal
ANNEXURE V
INDEMNITY BOND
2) The Contractor shall pay to labour employed by him either directly or through
digital transfer. The wages should not be less than the current PWD Schedule rates (or)
Minimum Wages Act (if applicable).
3) The Contractor shall in respect of labour employed by him comply with or cause
to be complied with the Contract Labour Regulations in regard to all matters provided there
in.
4) The Contractor shall comply with the provisions of the payment of Wages Act,
1936, Minimum Wages Act, 1948, Employers' Liability Act, 1938, Workmen's
Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefit Act, 1961,
Employees Provident Fund & Miscellaneous Provisions Act( 1952, Employees State Insurance
Act, 1948, Payment of Bonus Act, 1965 and MinesAct,1952, Contract Labour Regulation &
Abolition Act, 1970 or any modifications thereof or any other law relating thereto and
rules made there under from time to time.
5) The Engineer-in-Charge shall on a report having been made by an
Inspecting Officer as defined in the Contractors Labour Regulations have the power to
deduct from the money due to the Contractor any sum required or estimated to be
required for making good the loss suffered by a worker or workers by reason of non-
fulfillment of the Conditions of the Contract for the benefit of workers, non-payment of
wages or of deductions made from his or their wages which are not justified by the terms
of the Contract or non-observance of the said Contract Labour Regulations.
6) The Contractor shall indemnify the Corporation against any payment to
be made under and for observance of the Regulations aforesaid without prejudice
to his right to claim indemnity from his sub- contractors. (if permitted)
(i) Notice of commencement: The Contractor shall, within SEVEN days of commencement of
the work, furnish in writing to the Inspecting Officer of the area concerned the following
information.
(a) Name and situation of the work.
(b) Contractor's name and address
(c) Particulars of the Department for which t h e work is undertaken,
(d) Name and address of sub-contractors as and when they are appointed.
(e) Commencement and probable duration of the work.
(f) Number of workers employed and likely to be employed.
(g) 'fair wages' for different categories of workers.
(h) Number of hours of work which shall constitute a normal working
day:-
(i) The number of hours which shall constitute a normal working day for an adult
shall be NINE hours. The working day of an adult worker shall be so arranged that inclusive
of intervals, if any, for rest it shall not spread over more than twelve hours on any day,
when an adult worker is made to work for more than NINE hours on any day or for more
than FORTYEIGHT hours in any week he shall, in respect of overtime work, be paid wages
at double the ordinary rate of wages.
(ii) Weekly day of rest: Every worker shall be given a weekly day of rest which
shall be fixed and notified at least TEN days in advance. A worker shall not be required or
allowed to work on the weekly rest day unless he has or will have a substituted rest day, on
one of the five days immediately before or after the rest day. Provided that no
substitution shall be made which will result in the worker working for more than ten days
consecutively without a rest day for a whole day.
(a) Where in accordance with the foregoing provisions a worker works on the
rest day and has been given a substituted rest day he shall be paid wages for the work
done on the weekly rest day at the overtime rate of wages.
(b) Note: The expression 'ordinary rate of wages' means the fair wage the worker
is entitled to.
(c) Display of notice regarding Wages, Weekly Day of Rest etc. The Contractor
shall before he commences his work on contract, display and correctly maintain and
continue to display and correctly maintain in a clean and legible condition in conspicuous
places on the works, notice in English and in the local Indian Language, spoken by
majority of workers, giving the rate of fair wages, the hours of work for which such
wages are payable, the weekly rest days workers are entitled to and name and address
of the Inspecting Officer. The Contractor shall send a copy each of such notices to the
Inspecting Officers.
(iii) Register of Workmen: A register of workmen shall be maintained in the Form
appended to these regulations and kept at the work site or as near to it as possible, and
the relevant particulars of every workman shall be entered therein within THREE days of
his employment.
(iv) Employment Card: The contractor shall issue an employment c a r d in the
Form appended to these regulations to each worker on the day of work or entry into
his employment. If a worker already has any such card with him issued by the
previous employer, the contractor shall merely endorse that Employment Card with
relevant entries. On termination o f employment the Employment Card shall again be
endorsed by the Contractor and returned to the worker.
(v) Register of Wages etc.: A Register of Wages-Cum-Muster Roll in the
Form appended to these regulations shall be maintained and kept at the work site
or as near to it as possible.
(vi) Fines and deductions : Wages of a worker shall be paid to him
without any deductions of any kind except the deduction for damage to
or loss of goods expressly entrusted to the employed person for custody, or for
loss of money which he is required to account for, where such damage or loss is
directly attributable to his neglect or default;
(a) No fine shall be imposed on a worker and no deductions for damage or
loss shall be made from his wages until the worker has been given an
opportunity of showing cause against such fines or deductions.
(b) The Contractor shall maintain a register of fines and the register of
deductions for damage or loss in the Forms appended to these regulations
which should be kept at the place of work.
(vii) Register of Accidents : The Contractor shall maintain a register of
accidents in such form as may be convenient at the work place but the same shall
include the following particulars:-
(a) Full particulars of the labourers who met with accident.
(b) Rate of Wages.
(c) Sex.
(d) Age.
(e) EPF UAN number
(f) ESI number
(g) Aadhaar number
(h) Nature of accident and cause of accident.
(i) Time and date of accident.'
(j) Date and time when admitted in hospital.
(k) Date of discharge from the hospital.
(l) Period of treatment and result of treatment.
(m) Percentage of loss of earning capacity and disability as assessed by
Medical Officer.
(n) Claim required to be paid under Workmen's Compensation Act.
(0) Date of payment of compensation.
(p) Amount paid with details of the person to whom the same was paid.
(q) Authority by whom' the compensation was assessed.
(r) Remarks.
[Note: k,l,m,n for the workmen not covered under the ESI
provisions]
(viii) Preservation of Registers: The Register of workmen and the
Register of Wages-cum-Muster Roll required to be maintained under these
Regulations shall be preserved for 3 years after the date on which the last
entry is made therein.
(ix) Enforcement: The Inspecting Officer shall either on his own motion or on
a complaint received by him carry out investigations, and send a report to the
Engineer-in-Charge specifying the amounts representing Workers' dues and
amount of penalty to be imposed on the Contractor for breach of these
Regulations, that have to be recoveredfrom the Contractor, indicating full
details of the recoveries proposed and the reasons there for. It shall
be obligatory on the part of the Engineer-in-Charge on receipt of such a report
to deduct such amounts from payments due to the Contractor.
(x) Disposal of amounts recovered from the Contractor: The Engineer- in-
Charge shall arrange payment to workers concerned within FORTY FIVE
days from receipt of a report from the Inspecting Officer except in cases
where the Contractor had made an appeal under Regulation 16 of these
Regulations. In cases where there is an appeal, payment of workers dues
would be arranged by the Engineer-in-Charge, wherever such payments arise,
within THIRTY days from the date of receipt of the decision of the
competent authority.
(xi) Welfare Fund: All moneys that are recovered by the Engineer-in-
Charge by way of workers dues which could not be disbursed to workers
within the time limit prescribed above, due to reasons such as whereabouts of
workers not being known, death of a worker etc. and also amounts recovered as
penalty, shall be credited to a Fund to be kept under the custody of the
Corporation for such benefit and welfare of workmen employed by Contractors.
(xii) Appeal against decision of Inspecting Officer : Any person
aggrieved by a decision of the Inspecting Officer may appeal against
such decision to the competent authority concerned within THIRTY days time
stipulated from the date of the decision, forwarding simultaneously a
copy of his appeal to the Engineer-in- Charge. The decision of the competent
authority shall be final and binding upon the Contractor and the workmen.
(xiii) Inspection of Books and other Documents: The Contractor shall allow
inspection of the Registers and other documents prescribed under these
Regulations by Inspecting Officers and the Engineer-in- Charge or his authorized
representative at any time and by the worker or his agent on receipt of due
notice at a convenient time.
(xiv) Interpretation, etc.: On any question as to the application
interpretation or effect of these Regulations, the decision of the Commissioner
of Labour (or) Director Industrial Safety and Health shall be final and binding.
(xv) Amendments: Government may, from time to time, add to or
amend these Regulation and issue such directions as it may consider
necessary for the proper implementation of these Regulations or for the
purpose of removing any difficulty which may arise in the administration thereof.
4.0 The Building and Other construction Workers Act:- (other than
the circle/station registered under the Factories Act)
(a) The contractor should obtain the Registration certificate under the Building
and Other construction Workers (Regulation of Employment and Condition of
Service) Act, 1996 from the Competent Authority (the Joint Director/Industrial
Safety and Health (BOCW)).
(b) The contractor should comply all the provisions of the Building and Other
construction Workers (Regulation of Employment and Condition of Service)
Act, 1996.
5.0 The Contract Labour (Regulation & Abolition) Act 1970 & Rules
1975 and Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979 & Rules 1983.
(a) The Contractor who take up works contract for TANGEDCO/
TANTRANSCO should deploy sufficient number of workmen for the work and the
contractor should deploy 20 or more workmen on a day of emergency (or) in
necessity.
(b) The Contractors should comply with all the provisions of the Contract
Labour (Regulation & Abolition) Act, 1970 and Tamilnadu Contract Labour (Regulation
& Abolition) Rules 1975 as modified from time to time and shall also indemnify
TANGEDCO/TANTRANSCO from all and against any claims under the aforesaid Act
and the Rules. The contractors should also submit the copy of the labour licence
before executing the works.
(c) The Contractors who desires to engage the migrant workmen
(workmen from other states) for the works contracts of
TANGEDCO/TANTRANSCO is required to comply with all the provisions of the Inter- State
Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and
Tamilnadu rules, 1983 as modified from time to time and shall also indemnify
TANGEDCO/TANTRANSCO from all and against any claims under the aforesaid Act
and the Rules The contractors should also submit the copy of the migrant labour
license before executing the works.
(d) The contractors should maintain the following records as per section
78 of Contract Labour (Regulation & Abolition) central rules 1971.
(i) Muster Roll in Form - XVI.
(ii) Register of Wages in Form - XVII.
(iii) Register of overtime in Form - XVIII.
(iv) The contractor shall issue an photo identity card to his employees
6.0 Wages:-
(a) The Wages prescribed for the contractor/ industry/
establishment as per rates of Minimum Wages notified by the Government of
Tamilnadu under the Minimum Wages Act,1948 or the current PWD rates of
wages, whichever is higher is to be paid by the contractor to their employees.
(b) The contractor should pay the wages before the expiry of seventh day
as per section 65 and shall issue wage slip in Form - XXVIII to the workmen
as per section 78(b) of The Tamil Nadu Contract Labour Rules, 1973. The
copies of the wage slip so issued to the workmen should be maintained by the
contractor and produced as when called for.
10.0 Tamil Nadu Rationalization of Forms and Reports under Certain Labour
Laws Rules, 2020.
The contractor should comply/ maintain the applicable new combined forms
introduced vide the following Acts/ Rules.
(a) The Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975.
(b) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) (Tamil Nadu) Rules, 1983.
(c) The Tamil Nadu Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Rules, 2006.
New Forms:
FORM I Certificate of Registration of Principal Employer/
Employer (under 3 Rules)
FORM II Application for License/Renewal of License (under CLRA and ISMW Rules)
FORM III Form of Certificate by Principal Employer (under CLRA and ISMW Rules)
FORM IV Certificate of Initial and Periodical Test and Examination of Various
Appliances (under BOCW Rules)
FORM V Application for Adjustment of Security Deposit (under CLRA and ISMW
Rules)
FORM VI License and Renewal (under CLRA and ISMW Rules)
FORM Notice of commencement/ completion of work (under CLRA and BOCW
VII Rules)
FORM Service Certificate (under 3 Rules)
VIII
FORM IX Certificate of Medical Examination (under BOCW Rules)
FORM X Report on recruitment and employment of workmen and cessation of
employment of workmen (under ISMW Rules) migrant
SE / CIVIL / MTPS I