NLC TAMILNADU POWER LIMITED

(A JVC between NLCIL & TANGEDCO & a subsidiary

of NLCI L)
Office of the Chief Executive Officer
2*500MW JV Thermal Power Plant, Harbour Estate, Tuticorin-
628004
CIN: U40102TN2005GOI058050
CONTRACTS & PURCHASE DIVISION
Fax 0461-2352480, Ph:0461-2352840
E-mail: candp.ntpl@nlcindia.in, website: www.ntplpower.com

GENERAL CONDITIONS

1.0 WORKING AREA /CONDITIONS.CONDITIONS

1.1 The place of work is normally within the premises of the Plant / NTPL, Tuticorin.
1.2 The area of work/Factory is a production unit with mechanical, electrical equipment
working and is a “Protected Area”. Therefore, entry of any personnel is restricted.
1.3 There may be space constraints for working in certain areas.
1.4 Since the Plant / equipment is in full operation, the working time and area may be regulated
some times. The Contractor shall fully co-operate with NTPL in this regard.
1.5 The work has to be executed at various heights and depths in the Plant ranging from minus
8 Meters to plus 80 Meters.
1.6 The Contractor should work in co-ordination and in close co-operation with other staff/
agencies working in the area.
2.0 WORK AREA PERMIT
2.1 The work site is inside industrial area of the Plant and the area of the work is restricted and
entry into the area is admissible to pass-holders only. The Contractor shall employ male
laborers to the maximum extent possible.
2.2 The permission of the Officer in-charge/ NTPL shall be obtained before commencing the
work.
2.3 No employee of the Contractor should attempt to carry out the work inside or in the vicinity
of any equipment even if it is at that time idle, unless and until any equipment is declared
to be in Line Clear. In all such cases, the NTPL Officers in-charge of the maintenance work
involving contract must invariably obtain valid line clear permit from the operation staff
before engaging any Contractor on the relevant work. The Contractor taking up any work
inside the Plant would be solely responsible for untoward accidents to their workmen
arising out of their failure to follow the “Safety Permit System”.
2.4 All the Contractor’s laborer and staff shall be issued a temporary photo permit of entry by
the Security Officer in charge of the Plant and none without a photo pass shall be admitted
in the Plant area. Each laborer or staff of the Contractor must carefully preserve the pass
and produce it whenever demanded by any officer in the Plant.
2.5 The Contractor is required to furnish a list of workers who are in possession of valid
passes/permits and required to be actually engaged by him with category of workmen
every day before commencement of their work to enable the security men on duty at the
gate to check and ensure bonafide entry. No person other those mentioned in the list shall
be allowed or required to work in the respective work spots. If any person is found in any
workspot, where the works of any other Contractor are being carried on, such person, shall

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 until the contrary is proved, be deemed to have been employed by the Contractor whose
works are in progress at that time. The Contractor should also furnish list of workmen to
field staff before start of work. The Contractor shall arrange their supervisor to accompany
their workmen while entering and leaving the Plant.
2.6 The Contractor shall not engage persons of doubtful integrity in order to avoid damage,
pilferage and theft and have to own full responsibility for the omissions / misconduct of the
employees/ persons engaged by him. If the Contractor or his men are found in possession
of materials belonging to NTPL or other Contractors, it shall be deemed to be theft and will
be dealt with appropriately. The Contractor or his representative should exercise utmost
control over their workmen for discipline and while using consumables like gas and
electrodes to avoid misuse, theft and pilferage.
2.7 The Contractor shall not bring any personal vehicle either two-wheeler or four-wheeler
inside the Plant unless otherwise permitted.
2.8 The Contractor shall effectively control their workmen so as to confine only to their area of
work and should not allow them to move around in other areas.
2.9 Usually working hours are limited to daytime only. In emergent cases to carry out the works
during nights, it may be done so only with the specific prior permission of the General
Manager of the Plant and work to be carried in the presence of the Supervisory Staff.
2.10 The Contractor shall comply with the security regulations of the NTPL in the matter of entry,
exit and the movement inside the premises of the Plant. The Contractor employer
concerned should produce Police verification certificate regarding the character and
antecedents of each workman proposed to be engaged by him/ them for carrying out the
works in the agreement to the Unit HR department, for which duration exceeds 90 days.
2.11 The Contractor should issue plastic badges to all the workers employed by him and the
badges should bear the name of the Contractor and Sl. No. The Contractor should ensure
that all the workers employed by him are wearing badges while at work.
2.12 If any workmen / supervisor is found in the work spot without any identity badge, the
Contractor will abide by the instruction of the site Engineer / NTPL to send such person out
of the Plant.
2.13 ENGAGEMENT OF CHILD LABOUR / WOMEN & WORKMEN AGE
2.13.1 The Contractor should employ only adult workers i.e. persons who have completed
18 years of age.
2.13.2 The Contractor should not employ women workers between 7 PM. and 6 AM.
2.13.3 The Contractor shall not engage workers for more than one shift. If he is allowed to
continue beyond normal working hours, he should be given time-off.
2.13.4 The Contractor shall not engage workmen beyond 58 years and the Contractor shall
also produce the required age proof for the workmen engaged by him, while
applying for entry permit for first time.
3.0 SAFETY
3.1 Adequate and suitable safety measures for all his workmen engaged shall be provided and
followed by the Contractor.
3.2 All statutory norms and safety measures shall be strictly followed.
3.3 The Contractor should issue safety helmets, Shoes and PPEs to all his workmen and
supervisors.
3.4 All the equipments for safety shall be of ISI standard and the safety gadgets etc. shall be
periodically checked and certified by the competent person approved by Director /
Industrial Safety & Health, Govt. of Tamilnadu towards their fitness for use.
3.5 In case of accident to workmen or Supervisor, the Contractor shall take them to the General
Hospital along with the Accident Report.

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 3.6 If any workmen or supervisor of the Contractor is found not observing safety precaution
like the following and in unsafe acts, minimum fine of Rs.5000/- (Rupees Five Thousand)
per violation shall be imposed on the Contractor and it shall be recovered from the bill.
3.6.1 Persons working at height of 1.8 Mtrs. and above without safety belt, shoes and
helmets.
3.6.2 Welders doing welding and cutting works without proper gloves in both hands,
goggles/welding shield and shoes.
3.6.3 Persons working without helmets and shoes, proper foot protection.
3.6.4 Persons travelling on crane hooks or side mud guard of the tractors.
3.6.5 Persons found pilfering and causing damage to fire-fighting appliances or fire hydrant
valve.
3.6.6 Unauthorized tapping of electricity, such as disturbing electric fuse, inserting of leads
directly on the plug sockets, improper wiring and improper use of electrical
equipments belonging to the Purchaser or other Contractors.
3.6.7 Rolling and mishandling of gas cylinders.
3.7 Violation of conditions of safety may lead to termination of the contract at any time.
3.8 The Contractor shall be entirely responsible for any injury to the workmen in the event of
them being involved in an accident and shall render all co-operation to the NTPL officials if
any enquiry is held thereon.
3.9 All safety precautions and safety rules should be followed and failure to adhere to the same
will be viewed seriously and the consequences thereof shall be borne by the Contractor.
3.10 The Contractor shall provide and insist to wear all the required safety equipments by their
workmen.
3.11 The Contractor’s workmen should use safety equipments as demanded by the nature of
work. The Contractor should provide and ensure them to wear such equipments while they
are at work.
3.12 The lifting tools, tackles and safety belts that are used by their contract workmen shall be
tested and certified as per the prevailing applicable law.
3.13 Whenever insulation material, scraps and debris etc., are removed from boiler area/
Heights, these materials shall not be thrown from heights as it is hazardous to the people
working in and around and also this will lead to accidents and damage to NTPL equipments.
Hence these are to be bundled and properly lowered from heights with pulley and rope.
3.14 The Head of Department executing the contract or Head of the Safety Engg. Department,
upon the satisfaction that the Contractor is not conforming to the safety requirement, may
direct to stop the work and require the Contractor to remedy the defects. The Contractor
shall not proceed with the work until he has complied with each direction to the satisfaction
of such Head of the department.
4.0 TOOLS & LIFTING TACKLES
4.1 All the tools & tackles, lifting equipments, safety devices etc shall conform to the latest ISI
standards and shall be periodically tested and certified by the competent person approved
by the Chief Inspector of Factories towards their fitness for use. The validity shall be current.
4.2 Whenever items like tools and the Plants are to be taken inside the Plant, the concerned
Contractor shall submit a list of such items like tools and the Plants etc., in duplicate to CISF
officer, of which one copy shall be retained by the CISF officer, and the other copy duly
authenticated by the officer, shall be passed on to the concerned the Plant Engineer.
5.0 PROTECTION OF MONUMENTS – FOSSILS
5.1 If the Contractor during the course of execution of work finds any relic, antiquity, coins,
fossils etc., he shall protect them and handover to NTPL.

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6.0 MEASUREMENTS
6.1 NTPL’s representative shall take measurement of work done, in the presence of the
Contractor or his representative, and shall record them. The Contractor’s signature shall
also be obtained as a token of his acceptance of the measurement.

6.2 The Representative of NTPL shall check the measurements recorded and certify for
acceptance and payment.

6.3 The Measurement records shall be kept lodged with the NTPL.

6.4 In the event of any dispute with regard to the measurement of the work executed, the
decision of the Representative of NTPL shall be final and binding on the Contractor.
6.5 The responsibility for the safety of the materials supplied by Contractor / NTPL under the
contract will rest with the Contractor till necessary measurements are recorded by the NTPL
Officers and the Contractor signs in the Measurement books in token of acceptance of
measurements.
7.0 EMPLOYEE’S STATE INSURANCE ACT- 1948
7.1 The Contractor employer shall get himself registered under the ESI Act and obtain the ESI
Code from the ESI Authorities. The ESI code so obtained after registration shall be furnished
to the Plant immediately. The Contractor employer while disbursing the wages to the
workers shall deduct 0.75% of the monthly wages from each of them towards the
employee’s contribution payable under the ESI Act.
7.2 The Contractor Employer shall arrange to remit to ESI Corporation at the rate of 4.0% of the
monthly wages * consisting of 3.25% of wages * being Employer’s Contribution along with
the employee’s Contribution at the rate of 0.75% of wages * already deducted as mentioned
above, on or before 15th of every succeeding month. The Employer’s contribution so
remitted by the Contractor Employer will be reimbursed by the concerned Unit after
verifying the claim of the Contractor Employer with reference to the Form no. D and B
provided that such reimbursement of Employer’s Contribution does not arise, if the
contract value has been arrived after taking into consideration of the employer’s
contribution in the work/ tender estimate.
(* for the purpose of calculating ESI, wage includes regular wages, OT wages, PH wages &
Housing Assistance).
7.3 The Contractor Employer shall maintain all the statutory registers and records as required
under the ESI Act, which shall be produced for inspection by the Unit Official/ESI
Authorities. The Contractor Employer shall be responsible for filing periodical returns under
the ESI Act besides remitting the contributions regularly.
7.4 The Contractor Employer shall be liable for the legal consequence in the event of non-
compliance of the provisions of the ESI Act.
7.5 The Contractor should submit the following documents at the time of proposed initial
engagement of the workman. Entry permit will be issued only upon fulfilling the following:
7.5.1 Duly filled in Form-1 (Declaration Form) in respect of workmen to be deployed.
7.5.2 Contractor should ensure deployment of workmen only after obtaining ESI
Registration Number (IP Number)/ Temporary I.D. Certificate from ESI for each and
every workman covered under the Act.
8.0 INSURANCE (For workmen/Supervisor not covered under ESI Act.)
8.1 The Contractor shall take Group Insurance cover for the workmen to be engaged against all
risks and furnish a Photocopy for getting entry pass and also at the time of claiming First
monthly bill, failing which all further payment shall be withheld. NTPL shall not be
responsible for any loss damage, injury caused to any property, man power.

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 8.2 The premium towards Group insurance shall be included in the price/rate quoted.
8.3 The Contractor shall, however follow with the Underwriter and settle the claims if any.
8.4 The Contractor shall insure his workmen against accident and injuries while at work as
required by the relevant rules and it shall be the obligation of the Contractor to pay
compensation to any of his workers as per the Employee Compensation Act. No
responsibility will rest on the NTPL in this regard.
9.0 The Contractor shall follow the provisions of ESI Act, 1948 and Employee Compensation Act,
2010 as applicable from time to time.
10.0 EMPLOYEE'S PROVIDENT FUND AND MISC., PROVISIONS ACT- 1952
10.1 Contractor should submit copies of the following documents in respect of the workman
proposed to be deployed by them for the works in respect of their contract agreement at
the time of seeking entry permit (i.e., at the time of initial deployment).
10.1.1 Details of savings bank accounts held by the contract workmen in the bank having
IFSC code along with the first page of the bank pass book containing all the details.
10.1.2 Residence Proof of workman (Copy of anyone of the following):
i. AADHAAR card
ii. Family card
iii. Driving License
iv. Voter I.D.Card
v. Telephone Bill
vi. PAN Card etc.
10.1.3 Duly filled in Nomination From-II under EPF & MP Act, 1952 obtained from the
workman.
10.1.4 Duly filled in Form-11 (Declaration) under EPF & MP Act, 1952 obtained from the
workman.
10.2 The Contractor should arrange to obtain UAN number under EPF & Misc Provision Act, 1952
for every workman deployed by him.
10.3 Contractor should arrange Form-23 (Annual Slip) under EPF & MP Act, 1952 to his workmen.
10.4 Under Employees Provident Fund and Miscellaneous provisions Act, 1952 and as per the
G.O. notification No. S35012/7/90 SS. II from 01.11.1990 (the date of effect of the
amendment), every employee employed in or in connection with the work of a Factory or
establishment to which the scheme applies shall be enrolled as EPF member from the date
of joining the factory or establishment. The rate of subscription/contribution and other
charges shall be remitted by the Contractor as per the rules stipulated under EPF and MP
Act, 1952 and with amendments if any.
10.5 In case no bill is claimed by the Contractor on monthly basis, notwithstanding anything
contained in the terms of contract, as to the disbursement of payment to the Contractor,
the Contractor shall remit the amount of EPF subscription, contribution including other
applicable charges and penal damages if any in respect of all the contract workers engaged,
as calculated by Unit HR on or before 10th of every month to the Account Centre/ The Plant.
In the event of default by the Contractor in this regard, NTPL shall be at liberty to initiate
appropriate action including termination of contract at the risk & cost of the Contractor.
10.6 The Contractor should pay contribution at the rate of 12% of wages and deduct 12% of
wages as subscription from workmen towards EPF and remit the same to EPF organisation
within the stipulated date and produce proof for the same along with statements to HR
department.
11.0 Deleted.

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12.0 PAYMENT TO CONTRACT WORKMEN
12.1 All payments to the workmen deployed by the Contractor employer including wages,
Exgratia, bonus etc, shall be made only through banks in e-payment mode (online) into the
bank accounts maintained by the concerned workmen. The Contractor shall submit wage
register in form B under the Contract Labour (Regulation and Abolition) Act, 1970 and the
CLRA (Central) Rules, 1971 to the concerned site authorities responsible for executing the
contract agreement containing a certification that “The amount shown in column No………
of the Register of wages in form B have been dully credited into the bank account
maintained by the concerned workmen on ….” and enclosing self-certified copy of the
proof of remittance of the said amount into the bank account of the concerned workmen.
12.2 In case of non-payment of wages to the contract workmen within the stipulated date
mentioned in the Payment of Wages Act, the following penalty actions will come into effect:
12.2.1 Recovery of an amount as a penalty equal to 10% of the total wage bill of the
contract workmen against every such payment made through HR Department from
the bills payable to the Contractor
12.2.2 The security Deposit of the Contractor is liable for Forfeiture for that particular
agreement, in case of repetitive non-payment of wages to the contract workmen
engaged by the Contractor.
12.2.3 The contract Agreement is liable for Termination at the risk and cost of the
Contractor in case the Contractor fails to comply with the above provision in the
same agreement period for the second time and the difference in cost incurred by
NTPL for carrying out the remaining work through other agency will be recovered
from the defaulting Contractor from the bills payable to the Contractor.
12.2.4 If the Contractor fails to make payment of wages in the two agreements or more in
the same unit as indicated above, the Contractor will be banned for two years in
that unit following the prescribed procedure.
13.0 SECURITY DEPOSIT
13.1 The Security Deposit shall be 5% (Five percent) of the Contract value (Inclusive of GST)
pertaining to Schedule –I*. In case, the Contractor has quoted freak rates, i.e., more than
(-) 25%, an additional Security Deposit of 5% will be levied over and above the above 5%
Security Deposit.
13.2 In the case of Successful Tenderer, the Earnest Money Deposit, if furnished in the form of
BC /DD / e-Payment, it shall be converted into initial Security Deposit. Further in every bill
10 % (Ten percent) shall be recovered and kept as Additional Security Deposit (ASD) until
the Security Deposit becomes 5 % (Five percent) (10 % in case of freak rates) of the value
of the Contract pertaining to Schedule-I*. The Earnest Money Deposit, if furnished as Bank
Guarantee, shall be discharged to the Successful Tenderer within 07 days upon
confirmation & acceptance of Security Deposit before the signing of contract. If the
Contractor is not willing to pay the entire Security Deposit of 5% (or 10 % In the case of
freak rate quoting) in a single instalment before signing the agreement, the above
procedure of deducting ASD in the running bills will be resorted to. It may be limited to 2
or 3 instalments only.
13.3 In case of MSME, they have to remit SD in the form of BC /DD / e- Payment/ BG.
13.4 In case of enhancement of contract value, value of Security Deposit is also to be increased
proportionately.
13.5 i) For the contracts where defect liability period is not applicable. "The security deposit
shall be kept valid upto the finalisation of the agreement or upto the period of six months
from the actual date of completion whichever is earlier, provided there is no liability on the
part of the contractor.

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 ii) For the contracts where defect liability period is applicable, the security deposit shall be
valid up to completion of defect liability period plus Two months.
13.6 The Security Deposit shall not bear any interest.
13.7 In the case of BG furnished towards Security Deposit, the same shall be executed by the
banker on a non-judicial stamp paper of value not less than Rs.80/- which shall be
purchased in the name of the Banker.
13.8 All Bank Guarantees except EMD/Bid Guarantee are to be furnished directly by the Banker
to NTPL either by RPAD/Courier.
*NOTE: Total value of contract is applicable if Schedule-I value is not shown separately.
14.0 PRICE BASIS
14.1The Prices quoted shall be firm throughout the contract period and not subject to any
escalation.
15.0 PAYMENT TERMS
15.0.1 Bills duly prepared based on the item rates agreed in the Contract, shall be submitted to
the NTPL Officer In charge after the satisfactory completion of the job.
15.0.2 The payment will be made as per the normal terms and conditions of NTPL and to the
extent of work done for Schedule-I. For Schedule-II the payment will be made based on
claims along with form D and form B and without applying tender quoted percentage
[i.e., without any tender difference (+) or (-)]. The same shall be paid by NTPL after due
verification, subject to the ceiling of the amount provided against this in schedule-II
provisions.
15.0.3 The first Running Account bill will be released only after signing of contract by the
Contractor.
15.0.4 All payments shall be made by E-payment only. The bank commission charges will be to
the account of the Contractor.
15.0.5 Any levy on the Contractor’s bills specified by either the NTPL or any Act of the
Government in the period of contract will be recovered from the bills, if found
applicable.
15.0.6 Income Tax, GST and any Statutory levies, as applicable shall be deducted at source (TDS)
and necessary certificates will be issued.
15.0.7 100% payment shall be made on monthly basis within seven days of receipt of the bills
with all documents from the contractor.
15.1 Following clauses shall apply, if Price Reduction Clause is applicable.
15.1.01 The time schedule for Delivery of Material(s) / Equipments(s) / Service(s) / Work(s) as
stipulated in the contract shall be adhered to on the clear understanding that the
Price(s) of the Material(s) / Equipments(s) / Service(s) / Work(s) has/have been fixed
with reference to the said Delivery date(s).
15.1.02 If any delay is anticipated by the Contractor in the delivery of the Material(s) /
Equipments(s) / Service(s) / Work(s) or any of them beyond the stipulated time schedule
of Delivery, the Contractor shall forthwith inform PURCHASER in writing of such
anticipated delay and of the steps being taken by the Contractor to remove or reduce
the anticipated delay, and shall promptly keep PURCHASER informed of all subsequent
developments.
15.1.03 In case of delay in delivery on the part of CONTRACTOR, the invoice value shall be
reduced proportionately for the delay and payment shall be released accordingly. If
CONTRACTOR has raised the invoice for full value, the CONTRACTOR shall issue Credit

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 Note towards the applicable Price Reduction amount.
15.1.04 In case, the CONTRACTOR does not reduce the invoice value proportionately or does not
issue Credit Note as mentioned above, the PURCHASER shall release the payment to the
Contractor after effecting the Price reduction or may deduct the amount so payable by
CONTRACTOR from any amount falling due to the CONTRACTOR or by recovery against
the Contract Performance Guarantee / Security Deposit.
15.1.05 The Price Reduction shall be calculated on the basis of total Value of Contract excluding
taxes and duties, where such taxes and duties have been shown separately in the
Contract.
15.1.06 Both CONTRACTOR and PURCHASER agree that this is a genuine pre-estimate of
loss/damage which the purchaser would have suffered on account of delay/breach on
the part of the CONTRACTOR and the said amount will be payable on demand or said
amount will be adjusted from the amount payable to the CONTRACTOR without there
being any proof of the actual loss/damages having been caused by such delay/breach.
15.1.07 The decision of the PURCHASER with respect to applicability of Price Reduction shall be
final and binding.
15.1.08 If any financial implication arises on PURCHASER due to issuance of invoice without
reduction in price or non-issuance of Credit Note, the same shall be to the account of
CONTRACTOR.
15.1.09 Without prejudice to PURCHASER’s rights on Price Reduction Clause hereof and to
entitlement to amount accrued due to price reduction in terms thereof and in addition
thereto, PURCHSER may at any time after the expiry of the stipulated date(s) of Delivery
in respect of any Material(s) / Equipment(s) / Service(s) / Works(s), at its discretion,
terminate in whole or part of the Contract in respect of the undelivered Material(s) /
Equipment(s) / Service(s) / Works(s) or any of them and either purchase such Material(s)
/ Equipment(s) / Service(s) / Works(s) from any other available source at the risks and
costs of the CONTRACTOR and recover from the CONTRACTOR any additional cost
incurred by PURCHASER on such purchase, or recover from the CONTRACTOR without
such purchase the difference between the market and contract price of such Material(s)
/ Equipment(s) / Service(s) / Works(s) on the date of termination of Contract relative
thereto. Provided, this shall not restrict PURCHASER’s claim for damages or
compensation, as the case may be, for acts of fraud, deliberate default, negligence or
misconduct by the CONTRACTOR.
15.1.10 The Purchaser may, without prejudice to any method of recovery, deduct the amount of
PRICE REDUCTION from any amount due to the Contractor, under this or under any other
Contract awarded by the Purchaser in his/their favour.
16.0 TIME SCHEDULE
16.1 The time schedule for completion of supplies / work shall be as indicated in the Tender
schedule.
16.2 However, NTPL, reserves the right to extend the time schedule for any further period as
considered necessary, under the same terms and conditions and prices/rates agreed with
or without application of Price Reduction clause on the merits of the case.
16.3 Under special circumstances, surge work shall have to be carried out as instructed within
the specific period to reduce Down Time of the equipment and meet Production Target.
17.0 DEFECTIVE WORK
17.1 If due to the use of inferior quality of materials or due to poor workmanship, the work is
stopped and assigned to some other agency and if the total cost of completing the work

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 exceeds the contract amount, such excess amount will be recovered from the Contractor.
If the cost is lower, the benefits will accrue to the NTPL and the Contractor will have no
claim whatsoever for this benefit.
17.2 If the work is not satisfactory to the NTPL authorities, additional labour and material cost
should be borne by the Contractor for the work asked to be carried out again.
17.3 Defective work if any, carried out shall be rectified to the full satisfaction of the NTPL, by
the Contractor at his own cost.
17.4 Where there are claims against third parties in connection with the Contract for any loss,
damage, injury etc., the Contractor shall at all times follow the claims to the finality and
pass on the proceeds to the NTPL, wherever applicable.
17.5 The Contractor shall duly indemnify the NTPL., against any such loss, damage, injury.
17.6 In the course of execution of the contract by the Contractor, if any damage occurs to the
materials, equipments, water supply, power supply, power supply connections, fittings or
any other installations of NTPL shall be made good by the contractor at his own cost to the
full satisfaction of NTPL and delay if any involved in rectification/setting right/making good
shall be deemed to be the delay attributable to the contractor.
18.0 FORCE MAJEURE
18.1 The Conditions such as act of God, civil commotion, strike, lock out, concerted action of
workmen, sabotage, riots, revolution, war, flood, fire, explosion, earth quake, epidemic,
piracy which are beyond the control of the parties shall constitute force majeure.
18.2 Heavy monsoon of the duration of 3 (Three) days and beyond shall also constitute Force
Majeure.
18.3 Events covered within the scope of contract only shall constitute Force Majeure.
18.4 However, it is the responsibility of the Contractor to inform the NTPL immediately on any
such occurrence and later on normalization furnishing documentary evidence and seek
time extension.
18.5 Such time extension sought will be considered and time extension shall be granted without
application of Price Reduction Clause.
18.6 The Contractor shall not have any right or any claim whatsoever arising thereon.
19.0 SUPERVISION
19.1 The NTPL, reserves the right to inspect and supervise the work.
20.0 TRANSPORTATION
20.1 Animal drawn vehicles shall not be used for transport of any material.
20.2 Normally no vehicle of the Contractor shall be permitted to enter the site with materials
from 6 PM to 6 AM.
21.0 DISCHARGE/COMPLETION OF CONTRACT
The Contract will be deemed to have been completed after satisfactory fulfillment of all the
obligations as per Contract documents, final bills paid, and release of security deposit.
However, if any claim arises in respect of the obligations in connection with the Contract,
the Contractor has to settle the claim.
22.0 PRESERVATION OF PEACE
The Contractor shall take adequate precaution and use his best endeavour to prevent and
avert any riotous or any unlawful action by workers engaged by him and preserve peace all
the times.
23.0 LABOUR LAWS
The Governing Acts as applicable and as amended shall be strictly followed. Some of such
acts are given below. List of Labour legislation under which compliance, maintenance of
registers and sending of returns shall be ensured by contractor. While complying with the

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 Act complying with relevant rules is issued under the said Acts and administrative circulars
there on shall also be ensured by the contractor
23.1 The Factories Act, 1948
23.2 The Contract Labour (R&A) Act, 1970
23.3 The Employees Provident Fund and Misc. Provision Act, 1952
23.4 The Employees’ Compensation Act, 1923
23.5 The Minimum Wages Act, 1948
23.6 The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996
23.7 The Building and Other Construction Workers Welfare Cess Act, 1996
23.8 The Inter State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979
23.9 The Payment of Wages Act, 1936
23.10 The Payment of Bonus Act, 1965
23.11 Maternity Benefit Act, 1971
23.12 The Child Labour (Prohibition and Regulation) Act, 1986
23.13 The Employees’ State Insurance Act, 1948
23.14 Equal Remuneration Act, 1976
23.15 The Industrial Disputes Act, 1947
23.16 The Payment of Gratuity Act, 1972
23.17 The Tamil Nadu Industrial Establishments (National and Festival holidays) Act, 1958
23.18 The Tamil Nadu Labour Welfare Fund Act, 1972
23.19 The Trade Union Act, 1926
23.20 The Apprentices Act, 1961
23.21 Industrial Employment (Standing Orders) Act, 1946
23.22 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.
24.0 THE CONTRACT LABOUR REGULATION
24.1 Under the of Contract Labour (R&A) Act, 1970 and CLRA (Central) Rules, 1971 any
Contractor who employed 20 (or) more workmen on any day of the preceding 12 months
shall obtain license. The license so obtained shall be renewed and kept valid throughout
the agreement period.
24.2 An employment card in Form XII of Contract Labour (Regulation & Abolition) Act, 1970, rule
1971 shall be issued to each contract worker by the Contractor concerned. Contractors shall
bring in workmen to the work spot on days of work after furnishing to CISF the list of
workmen being brought into work spot. The list shall also contain the name of the
Contractor, description of work and bear the signature of the Contractor / supervisor. A
copy of the list has to be sent to HR/ Unit representative.
24.3 Every Contractor shall maintain the following registers under the Contract Labour (R&A)
Act, 1970 and CLRA (Central) Rules, 1971
24.3.1 Register of Contracts in Form-XII
24.3.2 Register of workmen employed by Contractor in Form-A
24.3.3 Employment card in Form-XII
24.3.4 Muster Roll in Form-D
24.3.5 Register of wages in Form-B

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 24.3.6 Wage slips in Form-XIX
24.3.7 Register of deductions for damages/loss in Form-C
24.3.8 Register of Fines in Form-C
24.3.9 Register of Advance in Form-C
24.3.10 Register of over time in Form-B
24.4 The Contractor is instructed to produce the Registers maintained by them before 10th of
every month to the Unit HR. Failure to comply with the statutory provisions shall entitle
prosecution by the statutory authorities besides banning of the Contractor.
24.5 The Contractor shall cover all his/their workmen under ESI Act, 1948 and Employee
Compensation Act, 2010 as applicable from time to time. Failure to comply with the
statutory provisions will entitle prosecution by the statutory authorities besides banning of
the Contractor.
24.6 The Contractor shall issue a service certificate to the workman who leaves his employment
in Form-VIII.
24.7 If any contract worker is employed on a Paid Holiday declared as such by the NTPL, he shall
be paid either double ordinary rate of wages or single ordinary rate plus a compensatory
holiday for one day with wages at the discretion of workmen.
24.8 The Contractor shall pay the prevailing rate of wages as notified by NTPL from time to time.
24.9 At the end of each month, the Contractor shall submit the attendance register, which will
be countersigned by Executive authorized, after due verification of the correctness of the
contents.
24.10 The Contractor shall make payment to contract workmen working under his control on or
before 7th of every month and the payments shall be made through e-payment to his
bank account. The Contractor shall produce the wages payment acquaintance (Form -D &
B) on or before 10th of every month to the HR Department without fail. The Contractor
shall keep and maintain all the statutory registers as prescribed in various statutes
applicable as indicated in the agreement at the place of work to ensure access for
inspection by the statutory authorities.
25.0 LEGAL JURISDICTION
Courts having jurisdiction over Tuticorin shall have the ordinary jurisdiction as per law.
26.0 ENVIRONMENT
26.1 It is mandatory to comply with all applicable Environmental and other Legislations.
26.2 The Contractor shall comply with the Environment Act 1986 and associated rules with latest
amendments if any. The Contractor during the execution of work shall ensure optimal usage
of resources and to dispose the waste materials as specified by company procedures.
26.3 The Vehicle brought inside shall comply with Motor Vehicle Act 1988 and also posses valid
‘Pollution under Control’ Certificate. The vehicle shall be maintained as per the user’s
instruction and transportation of waste materials including waste oil and batteries shall be
disposed as per the relevant Govt. Rules.
26.4 The Contractor shall make aware the concerned drivers about hazardous materials and to
train the drivers to handle the emergency situation during transportation.
26.5 The Driver should Posses “TREM Card” (Transport Emergency Card) with him. Contractor’s
Vehicle should have Noise Level below the criteria as per STANDARD.
26.6 Ash tippers should be washed / cleaned before delivery to minimise dust pollution.
26.7 The Contractor shall ensure for ZERO spillage of Oil / Chemical in their respective area of
work. Oil choked waste /any hazardous materials/waste materials shall not be thrown
inside the The Plant Premises including Toilets to maintain good sanitary conditions.

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 26.8 The Contractor/ Supervisors /Workmen shall not bring the Plastic Carry bags inside the
industrial premises.
26.9 Handling of fire prone materials and explosive gases are involved in the industrial premises
and so Smoking/Liquoring/entry of person under the influence of intoxicants are
prohibited.
26.10 The Contractor should ensure that their workmen working inside the Plant shall have the
awareness on emergency preparedness plan and assembly points. The Contractor shall
send their workmen to the safety / environmental protection classes arranged by NTPL.
After getting guidelines from safety officer / Environmental (ISO) Dept., the Contractor
shall explain their workmen about potential hazards, accidents, emergencies,
environmental impact and explain all precautions to be taken.
26.11 Material Safety Data Sheet (MSDS) should be pasted on all the vehicles carrying
Chemicals. MSDS shall be supplied along with the Chemicals. Also, the Contractors shall
ensure that their workmen use the MSDS guidelines for storage, handling, transportation
of hazardous materials as applicable
26.12 While transporting the debris from the Plant to outside in Contractor’s vehicles, it shall be
properly covered to avoid any spillage and the Contractor should ensure that only the
debris is transported. The Contractor will be held responsible if any other materials are
found in the vehicles, along with the debris.
26.13 The Contractor shall notify well in advance to the site in-charge of his intention to bring
any container filled with liquid or gaseous fuel, explosives or petroleum substance or such
chemicals which may involve hazards. Where it is necessary to provide and /or store
petroleum or petroleum mixtures and explosives, the Contractor shall follow the
instructions in accordance with the rules and regulations laid down in Petroleum Act 1934,
Explosives Act 1884 with amendments and Petroleum and Calcium Carbide Manual
prescribed by the Chief Inspector of Explosives of India. All such storage shall have prior
approval of the site-in-charge.
26.14 Contractor should clean the site after completion of work and dispose the debris to the
places as indicated by NTPL officials.
26.15 The responsibility for maintaining the environment clean and good House Keeping in their
respective working area rests on the Contractor and if any Workmen or Supervisors of the
Contractor is not observing the above stated instructions, suitable penal action will be
imposed on the Contractor.
27.0 PARTNERSHIP FIRMS
If the tenderer is a partnership firm, the partner on whose pre-qualification, the work was
awarded shall not withdraw from the partnership till the completion of the work in case
they happened to be the successful bidder and if there is any reconstitution of the
partnership, it is the responsibility of the firm to intimate the same to NTPL immediately.
Otherwise, the contract will be liable for termination at the risk & cost of the Contractor.
28.0 TERMINATION OF SERVICES OF ANY WORKER
28.1. NTPL, may direct the Contractor to dispense /discharge with the services of any worker
engaged, found to conduct himself against the interest of work and interest of the NTPL.
Upon such direction, the Worker shall be stopped from the work and entering into NTPL’s
premises, immediately.
28.2. The Officers of the NTPL have the right to request the Contractor to remove such of
those workers whom they consider incompetent and undesirable for any particular job.
29.0 TERMINATION OF CONTRACT/SHORTCLOSING
29.1 The Contract shall be terminated if the performance is found to be unsatisfactory after issue
of due Notice. In such a case, the Contractor shall not have any claim for any compensation.

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 The Security Deposit shall be forfeited. The balance work will be executed by NTPL by other
means at the risk and cost of the Contractor.
29.2 The Contract may be short closed / foreclosed at any time during the Contract period due
to special circumstances after due Notification. Payment due to the Contractor for the
works done by him till such time will be made.
30.0 PENAL ACTIONS
In the event of breach / non-fulfillment of any conditions of the contract by the Contractor,
the corporation will take action, as deem fit, against the Contractor which includes
Suspension / Banning of the Contractor besides termination of contract at the risk & cost
of Contractor and with forfeiture of Security Deposit.
30.1 SUSPENSION:
If the Performance of any Contractor is found to be unsatisfactory or if the conduct is under
suspicion or in the event of any breach of the conditions committed by the Contractor or
his collaborator / associate / agent, the Contractor will be suspended for six months.
30.2 BANNING FOR ONE YEAR:
Supplying defective / poor quality materials or performing substandard works and failure
to rectify / replace the same even after reasonable extension is given to the Contractor will
lead to Banning for a period of 1 (One) year.
30.3 BANNING FOR TWO YEARS:
The following acts shall lead to Banning of Bidder/Contractor for two years.
30.3.1 Formation of cartel with other Contractors with a view to artificially hike the prices.
30.3.2 Willful suppression of facts or furnishing of wrong information or manipulated
/ forged documents or using other illegal / unfair means.
30.3.3 If the Contractors are found guilty involving in malpractices like Bribery, Corruption
etc. or are convicted for offences involving moral turpitude in relation to business
dealings or security considerations including loyalty to the State or Country or the
Contractor continuously refuses to return NTPL/NLCIL dues without showing
adequate cause and the NTPL/NLCIL is satisfied that this is not due to a reasonable
dispute which would attract proceeding in Arbitration or Court of Law.
30.3.4 If the bidder withdraws / modifies / impairs / derogates his offer on his own after
tenders are opened or fails to accept the LOA / fails to submit Security Deposit/CPG.
Note: Any firm which is placed under Suspension / Banning by NTPL / NLCIL will not
be allowed to participate in any tender issued on or after the date of
suspension / banning order and also if that firm has already participated in
any tender, which is under process their bid will not be considered for further
processing.
The procedure for suspension and banning of any firm/bidder/contractor shall be
as per the extant guidelines.
31.0 DISPUTE RESOLUTION
31.1 INFORMAL DISPUTE RESOLUTION
If any dispute between the Contractor and the Purchaser arises, it shall in the first
instance be referred in writing to the Purchaser, who shall endeavor to resolve the
dispute amicably and render a decision with 30 days. The period of 30 days shall be
reckoned from the date of receipt of intimation of the dispute by the Purchaser. Save
as herein after provided, in respect of a dispute so referred, the decision of the
Purchaser, shall be final and binding upon the Parties until, the completion of the
Contract and shall forthwith be given effect to by the Contractor who shall proceed
with the Contract with all due diligence, whether or not either Party has sought

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 Conciliation/arbitration of the dispute as herein after provided. The Parties agree to
use reasonable efforts to resolve all disputes equitably and in good faith.
31.2 CONCILIATION:
31.2.1 If the party is dissatisfied with the decision rendered by the Purchaser, or if the
Purchaser omits or declines to render a decision within the said period of 30 days,
then within a further period of 30 days, the dissatisfied Party shall require by a
notification that the dispute be referred to Conciliation in the manner as per the
‘NTPL/NLC Conciliation Rules’, copy of which is available with the NTPL/NLC offices
and or websites and the Bidders / Contractors shall abide by the NTPL/NLC
Conciliation Rules for resolving any dispute arising out of this contract. Such a
notification shall be in writing and it shall be duly served on the other Party. Failure
to invoke the Conciliation within the time stipulated shall debar the party from
seeking reference to Conciliation.
31.2.2 Except as otherwise provided in this clause, any dispute arising out of or relating to
this agreement, or the breach, termination or validity thereof, shall be settled by
Conciliation in accordance with ‘NTPL/NLC Conciliation Rules’. The Conciliation shall
be held at Neyveli / Chennai / Tuticorin or in a place within India mutually agreed by
the parties. The Conciliation proceedings shall be conducted, and the award shall be
rendered in English. The award shall state the reasons upon which it is based.
31.2.3 There shall be Conciliators, who will be appointed as per Section-5 of the ‘NTPL/NLC
Conciliation Rules’ as below.
(a) Number of Conciliators(s):
(i) The Settlement Advisory Committee will consist of conciliator(s) from the
approved panel maintained by NTPL/NLC as follows:
• Up to Rs.3.0 Crores: One Conciliator
• More than Rs.3.0 Crores: Three Conciliators
(ii) The provisional claim / counter claim amount shall be indicated by the
respective parties while initiating / concurring for conciliation.
(iii) However, number of conciliators in the settlement advisory committee will
not be modified, even if sum of actual claim and actual counter claim amount
vary from the sum of provisional claim and counter claim amounts.
(b) Conciliator(s) will be appointed by CMD of NLC India Limited.
31.2.4 The Contract agreement / Purchase order conditions and the rights and obligations
of the Parties, shall remain in full force and effect during the Conciliation
Proceedings. Supplies and / or services under the Contract shall, if reasonably
possible, continue during the Conciliation proceedings.
31.2.5 For the purpose of this clause, the term ‘dispute’ shall include a demand or
difference of any kind whatsoever, arising out of the Contract and respecting the
performance of the Contract, whether during the Contract period including
extensions if any, or after completion, and whether before or after termination,
abandonment or breach of the Contract. (Except as to any matter, the decision of
which is specifically otherwise provided for in any of these conditions).
31.2.6 Only in case of failure to resolve the dispute through Conciliation, Arbitration can be
resorted to.
31.2.7 Once the settlement agreement is signed with respect to a dispute, the same
dispute is not subject to further appeal through Arbitration or Judicial Proceedings.
31.2.8 Anything not found included in ‘NTPL/NLC Conciliation Rules’, but necessary to
conduct the conciliation proceedings will be dealt with as per the Provisions of the

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 ‘Arbitration and Conciliation Act 1996-Part-III’ or as per the statutory provisions
modified from time to time.
31.2.9 Setting aside the dispute the to be resolved, the work shall be proceeded with.
31.3 ARBITRATION:
31.3.1 If the dispute is not resolved amicably through conciliation, then the same shall be
referred to Arbitration.
31.3.2 Arbitration shall be as per Arbitration and Conciliation Act 1996, which shall be
applicable only for the dispute(s) involving claims from 25 Lakhs to 20 Crores.
31.3.3 Dispute(s) involving claims below 25 Lakhs are subject to the jurisdiction of the
respective Civil Court having jurisdiction over Tuticorin.
31.3.4 Dispute(s) involving claims above 20 Crores are subject to the exclusive jurisdiction
of the Court situated at Chennai.
31.3.5 Setting aside the dispute to be resolved, the work shall be proceeded with.
31.3.6 For the sum of Provisional Claim & Provisional Counter Claim
• Upto Rs. 3.0 Crores: One Arbitrator
• More than Rs.3.0 Crores: Three Arbitrators
31.3.7 The Provisional Claim / Counter claim amount shall be indicated by the respective
parties while initiating / concurring for Arbitration.
31.3.8 However, number of Arbitrators will not be modified, even if the Sum of Actual Claim
and Actual Counter Claim amount vary from the sum of Provisional Claim and
Counter Claim amounts.
31.3.9 The Sole Arbitrator to be appointed for the dispute with sum of Provisional Claim &
Provisional Counter Claim upto Rs.3.0 crores, will be appointed by NTPL.
31.3.10 For the disputes with sum of Provisional Claim & Provisional Counter Claim more
than Rs.3.0 crores: The Arbitration shall be conducted by 3 (Three) Arbitrators, one
each nominated by each party and the third arbitrator appointed by both the
arbitrators.
31.3.11 The Arbitration shall be conducted in accordance with the provisions of Arbitration
and Conciliation Act 1996 and its Amendments, if any, issued from time to time.
31.3.12 The Venue of the Arbitration shall be Chennai or Tuticorin.
31.3.13 The Arbitrators shall publish a speaking award which shall be binding on both the
parties. The party in whose favour the award is passed, shall be entitled to recover
the entire costs of arbitration from the other party. The arbitrators shall indicate the
above clearly, in their award.
31.3.14 In case of Conciliation /Arbitration invoked with respect to certain disputes,
payment to the contractor can be released for the items which are not under the
referred Conciliation / Arbitration.
31.4 For CPSEs and Government Departments/ Organizations (excluding disputes concerning
Railways, Income Tax, Customs & Excise Departments):
If an amicable settlement could not be reached then all the disputes/differences shall be
settled as per Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) as
mentioned in DPE OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018 for CPSEs and
Government Departments/ Organizations (excluding disputes concerning Railways, Income
Tax, Customs & Excise Departments).
“In the event of any dispute or difference relating to the interpretation and application of
the provisions of commercial purchases and contract(s) between Central Public Sector
Enterprises (CPSEs) / Port Trusts inter se and also between CPSEs and Government

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 Departments/Organizations (excluding disputes relating to Railways, Income Tax, Customs
& Excise Departments), such dispute or difference shall be taken up by either party for its
resolution through AMRCD as mentioned in DPE OM No.05/0003/2019-FTS-10937 Dated
14th December 2022 and the decision of AMRCD on the said dispute will be binding on both
the parties. The inter-se disputes of various Ministries/Departments/CPSEs etc., other than
those related to taxation, are to be resolved through the existing AMRCD/AMRD
mechanism”.
32.0 GOODS AND SERVICE TAX (GST)
32.1 Tax Indemnity clause:
NTPL has the right to recover tax loss along with consequential interest and penalty suffered
by NTPL due to any non-compliance of tax laws by the Service Provider/ Supplier. Any
GST liability arising on the Service Provider/ Supplier on account of loss of GST credits
for reasons such as failure of the Service Provider/ Supplier to provide the details for
raising invoice with necessary particulars, delay in payment of consideration beyond
stipulated time period and the interest thereon would be on the Service Provider/
Suppliers themselves and NTPL shall not be liable to compensate the same.
32.2 The Service Provider/ Supplier should certify that the Taxes which have been collected /
with-held on behalf of NTPL have been duly paid / will be paid to the Government
account within the due dates specified under various Tax Laws in India and Rules made
there under. It may please be noted that if NTPL is not able to avail any tax credit due to
any shortcoming on the part of the Service Provider/ Supplier (which otherwise should
have been available to NTPL in the normal course), then the Service Provider/ Supplier
at his own cost and effort will get the shortcoming rectified. If for any reason the same
is not possible, then the Service Provider/ Supplier will make ‘good’ the loss suffered by
NTPL due to the tax credit it lost in that transaction.
32.3 Any additional Input Tax Credit benefit, if become available under GST during the tenure
of contract should be passed on to the NTPL without any undue delay as per the
provisions of ANTI-PROPFETERING clause of GST.
32.4 As per the provisions of GST Act the Invoice should contain the following details without
fail and unless otherwise it is not applicable.
• Service Provider / Supplier Name
• Service Provider / Supplier Name GSTIN
• Invoice No (Electronic Reference Number)
• Invoice Issue Date
• Total Value
• Taxable Value
• Goods and Service Description
• Goods A/c HSN, Service Accounting Code (SAC)
• Unit Qty Code
• Quantity
• Rate
• Whether Eligible for ITC
• SGST, CGST, IGST, CESS Rate Separately
• SGST, CGST, IGST, CESS Amount Separately
• Name Recipient of Service/Goods
• Place of Supply
• Recipient GSTIN
• Tax Payable on Reverse Charge Mechanism (Y/N)
• TDS if applicable

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 32.5 Under the GST Law, any economic or tax benefit arising out of the implementation of
GST is mandatory and required to be passed on to NTPL by the Service Provider/ Supplier.
Similarly, the benefits enjoyed by the Service Provider/ Supplier and other players in the
supply chain are also required to be passed on to the Service Provider/ Supplier by them,
which in turn shall be passed on to NTPL by way of price reductions. The Service
Provider/ Suppliers shall indemnify NTPL against any direct or indirect loss arising out of
not passing on the aforesaid benefits.
32.6 As responsible Service Provider/ Suppliers of NTPL, the responsibility to pass on the
above benefits vests with the Service Provider/ Supplier and NTPL reserves the right to
seek the manner in which such benefits are passed on to NTPL.
32.7 Any amount paid to the Service Provider/ Suppliers including the sub-Contractors shall
be first attributable to the tax (GST) charged in the invoice and the balance shall be
considered towards the ‘value’ of supply of goods / services.
32.8 Timely provision of invoices / Debit Note / Credit Note: The Service Provider / Supplier
has to timely provide invoice / Debit Note / Credit Note to enable NTPL to claim tax
benefit on or before stipulated time period. All necessary adjustment entries (Credit
Note, Purchase Returns & Debit Notes) shall be made before September of the
succeeding Financial Year.
32.9 HSN / SAC for goods & services shall be specifically included to avoid disagreement on
classification at a later stage.
32.10 Place of supply: NTPL shall identify the Place of supply to enable to avail the GST credit
at right location.
32.11 Advance payment if any made before invoices are raised, would attract GST. In case of
receipt of advance, the Service Provider/ Supplier undertake to raise the necessary
statutory document. Further the Service Provider/ Supplier declares to raise the
prescribed documentation governing the movement of goods.
32.12 Pricing / Discounts: Any known discount shall form part of terms of the agreement to
enable Service Provider/ Supplier / NTPL to claim tax adjustment.
32.13 THREE copies of the invoices are mandatory and need to be provided by the Service
Provider/ Suppliers and wherever the law requires, an Electronic Reference Number for
each invoice should be provided. Further, the invoices for supplies shall clearly bear the
GSTIN No. / UID No. along with Agreement / Work Order number and date accompanied
by advice of dispatch and date of packing list.
32.14 Wherever applicable, NTPL has the right to deduct “Tax deducted at source” at the rate
prescribed under the GST law and remit the same to the government.
32.15 The rate quoted includes all local tax & duties except GST, any local levies and or other
charges levied by any Central / State / Local authorities wherever applicable shall be
extra and Service Provider/ Supplier shall be liable to discharge the same.
32.16 The Supplier / Service Provider shall be responsible to issue documents required for
movement of goods and the logistic partner shall not be liable for any loss arising due to
confiscation of goods by government agencies on account of lack of proper documents
or any mis-declaration.
32.17 Any Liability arising out of dispute on the tax structure, calculation and payment to the
Government will be to the Service Provider/ Supplier’s account.
32.18 Where the supply of goods / services is liable to GST under reverse charge mechanism,
then the Service Provider/ Supplier should clearly mention the category under which it
has been registered and also that “the liability of payment of GST is on the Recipient of
Service”.
32.19 The invoice should be clearly specified with any abatement, if any claimed or otherwise
from the Taxable Value, while calculating the GST.

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 32.20 The Agreement / Work Order shall be void, if at any point of time the Service Provider/
Supplier is found to be a blacklisted dealer as per GSTN rating system and further no
payment shall be entertained.
32.21 It is the responsibility of the Contractor to file the returns GSTR viz. GSTR-1, GSTR-2 &
GSTR-3 etc as per schedule date prescribed as under CGST Act, IGST Act, SGST Act &
UGST Act.
32.22 Contractor has to submit the GST tax payment challan, return filled acknowledgement
etc. while submitting the subsequent bills. Non-submission of above document monthly
will lead to stoppage of subsequent bills.
32.23 Non submission of above document monthly will lead to stoppage of subsequent bills.
Any increase in tax liability due to change in classification after evaluation shall be to
supplier’s account and the basic price shall be reworked considering the revised GST.
32.24 In case of any reduction in GST rates at the time of supply or wrong classification at the
evaluation stage, GST will be paid at the reduced rates. It is the responsibility of the
Contractor /Supplier to classify the Services/ Product in correct SAC/HSN and quote at
Bid level. Any increase in tax liability due to change in classification after evaluation shall
be to the suppliers account and the Basic price shall be re-worked accordingly
considering revised GST rate. In case any reduction in GST rates at the time of supply or
wrong classification at the evaluation stage, GST will be paid at reduced rate.
33.0 ORDER OF PRECEDENCE
33.1 The Special Conditions shall prevail over General Conditions of Contract.
33.2 The Item description in the Schedule prevail over any other description and Drawings.
33.3 In case of contradiction, the documents forming the Contract shall be interpreted in the
following order of precedence:
a. Price schedule
b. Drawings
c. Specifications
d. Special Conditions of Contract
e. General Commercial Conditions
f. Other Conditions
g. Contract Data
h. Any other documents listed in the Contract as forming part of the Contract.
34.0 OTHER CONDITIONS
34.1. The Contractor shall abide by the conditions prescribed in the NTPL “Notice Inviting
Tender (NIT), Instructions to Bidders, Special and General Conditions of the tender”
during the entire period of contract.
34.2. Any item of work not indicated in the schedule of quantities shall be paid extra at rates
worked out on the basis of rates quoted for other items of work or otherwise negotiated
which must be determined before executing such items of work.
34.3. The quantities mentioned in the schedule are tentative and are liable to have some
changes in the actual execution. If so, the same is to be executed at the agreement rate.
34.4. If the completion of the contract is delayed, NTPL reserves the right for imposing a
penalty as per the Special conditions of tender.
34.5. The unit rate shall include all charges for the complete work such as the cost of all
materials (Unless specifically mentioned otherwise), loading, unloading, freight, all
labour charges, tools, staging and scaffolding etc complete.
34.6. The scaffolding required for the work at various stages shall be provided for by the
Contractor himself without any extra claim unless otherwise stated.

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 34.7. It shall be the responsibility of the Contractor to see that departmental canteen facilities
are not utilized by his workmen. He has to make his own arrangements to provide
refreshment for his workmen.
34.8. Names of relatives of any partners of firm / Contractor who are employee of the NTPL
shall be furnished with detail of their relationship, nature of employment in the NTPL
with designation and place of work.
34.9. Any work not indicated in the schedule taking place incidental to the work shall be paid
extra at the rate negotiated which must be determined before executing such items of
work.
34.10. The Contractors while submitting the daily labour report should specify the category of
workmen engaged by them. A copy of DLR shall be submitted to unit HR every day.
34.11. Canvassing in any form is strictly prohibited.
34.12. SECRECY:
The Contractor and the Workmen shall maintain absolute secrecy on all technical issues and
shall not use them elsewhere.
34.13. The work shall be carried out as per the directions of the Executives of NTPL.
34.14. It shall be lawful for the NTPL to recover / adjust any amount due and payable by the
Contractor to NTPL, from and out of any sum due to the Contractor under this or any
other agreement placed on them by NTPL.
34.15. Whenever materials are to be taken inside the Plant, the concerned Contractor shall
submit a list of such items like tools and the Plants and materials etc., in duplicate to
Security Officer, of which one copy shall be retained by the Security Officer, and the
other copy duly authenticated by the officer, not less than the rank of Asst. Inspector
of Security Force shall be passed on to the concerned the Plant Engineer.
34.16. The work shall be carried out carefully so as to avoid causing any stain or damage over
the door, window, ventilator, electrical/mechanical equipments and other machinery
etc., and stain if any caused shall be thoroughly cleaned to the satisfaction of the
Executives of NTPL.
34.17. Entry at the Plant Main gate will only be permitted to those contract personnel who
possess safety shoes, helmets etc.
35.0 SUBLETTING OF THE CONTRACT
35.1 The Contractor shall not sublet the contractor “back-to-back”. The Contractor may
sublet, transfer or assign the contract to any other party/parties with the written
permission of the NTPL
35.2 The Contractor shall not sublet, transfer or assign the contract fully or any part thereof,
to any other party without the written permission of the NTPL.
35.3 Sub-contracting shall be permitted only with the specific written approval by NTPL.
35.4 Notwithstanding any permission to subcontract the work, the Contractor shall be
responsible for the due fulfillment of the Scope of work and shall not be relieved of his
obligations.
35.5 The contractor while performing the scope of work shall coordinate with the operating
executives of the place.
36.0 SIGNING OF CONTRACT
36.1 Acceptance of the tender will be intimated to the successful tenderer through a Letter
of Award (LOA). The Contractor shall then be required to execute an agreement within
60 (SIXTY) days from the date of Letter of Award (LOA).
36.2 The successful bidder has to execute the contract agreement in the prescribed proforma
on a non-judicial stamp paper of value Rs.100 /- within 60 (SIXTY) days from the date of

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 Letter of Award (LOA). The Stamp Papers shall be purchased in the name of NTPL,
Tuticorin or the Contractor.
36.3 No agreement is valid unless it has been signed by the Contractor or his duly authorised
agent and by a competent person on behalf of NTPL.
36.4 The Contractor should submit 4 (FOUR) copies of the signed agreement to NTPL.
37.0 LIMITATION OF LIABILITY
37.1 Except in case of Criminal Negligence or Willful Misconduct, the Contractor shall not be
liable to the NTPL, whether in contract, tort or otherwise, for any indirect or
consequential loss or damage, loss of use, loss of production or loss of profits or interest
costs, provided that this exclusion shall not apply to any obligation of the Contractor to
comply with Price Reduction clause.
37.2 The aggregated liability of the Contractor to the NTPL whether under the contract, in
tort or otherwise shall not exceed the total contract price provided that this limitation
shall not apply to any obligation of the Contractor to indemnify the NTPL with respect to
patent in infringement.
38.0 Bank Guarantees through SFMS Platform:
All the Bank Guarantees shall be irrevocable. The Bank Guarantees shall be from
Scheduled Commercial bank authorized by Reserve Bank of India to issue such Bank
Guarantee. Except Bid Guarantee, all bank guarantees are to be furnished directly by
the banker to NTPL by RPAD/ speed Post / courier to the following address;
The Dy. General Manager / Contracts & Purchase,
Office of the Chief Executive Officer,
NLC Tamilnadu Power Ltd
Harbour Estate.
Tuticorin – 628004.
The Bank guarantee issued by the Issuing Bank on behalf of
Bidder/Contractor/Supplier in favour of NLC Tamilnadu Power Limited shall be in
paper form as well as issued under the “Structured Financial Messaging System”.
The details of beneficiary for issue of BG under SFMS platform is furnished below.
Name of Beneficiary & Its details Beneficiary Bank, Branch &
IFSC Code
Name Unit / Area / Division Address
Office of the Chief State Bank of India,
NLC Tamilnadu Executive Officer,
Beach Road, SBIN0000943
Power Limited Contracts & Purchase
Division Tuticorin– 628001.
The above particulars are to be incorporated by the issuing bank properly while issuing
BG under SFMS mode.
Any Bank Guarantee submitted in physical mode, including EMD/Bid Guarantee, which
cannot be verifiable through SFMS will be rejected summarily. The Bank Guarantee shall
be furnished as per respective format prescribed by the NTPL and shall be submitted on
non-judicial stamp paper of value Rs.80/- or other appropriate value and the stamp
paper shall be in the name of the Bank.
All the Bank Guarantees shall be payable on first demand, without demur, irrespective
of any dispute between the Bank and the Supplier, to the NTPL without any condition or
dispute whatsoever, subject to fulfillment of the conditions of the Bank Guarantee by
NTPL, the Supplier waives any and all rights to seek injunctive or such like relief
restraining NTPL from invoking the Bank Guarantee or the Bank from making payment
in terms of the Bank Guarantee.

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 The Supplier shall arrange to keep the bank guarantee referred to herein valid for the
requisite duration by making timely request to the Bank concerned. All the extension
of Bank Guarantee also shall be on non-judicial stamp paper of value Rs.80/- obtained
in the Name of Bank. All charges connected with the bank guarantee shall be to the
account of the Supplier.
No interest shall be payable by NTPL on the Bank Guarantee or on any part of Bank
Guarantee encashed. NTPL shall have the right to encash the Bank Guarantee for non-
compliance of any or all the terms and conditions of the Purchase Order. Failure, delay
or omission to invoke or encash a Bank Guarantee, shall not disentitle or disable NTPL
from exercising the right to invoke the BG, subsequently for the same, or similar or their
triggering event.
39.0 FINALISATION OF CONTRACT:
Contract has to submit the following applicable documents to finalize the contract within a
month after completion of the work.
i. Final Bill
ii. GST Invoices.
iii. HR clearance towards ESI & EPF remittance, bonus etc upto the final bill period
iv. Consent letter with value of work executed to finalize the contract.
Final Bill will be paid only after finalization of the contract.
It may also be noted that, if the applicable documents for finalization of contract are not
furnished within reasonable time, then NTPL will proceed with finalization unilaterally with
available records at NTPL end and the contractor could not raise any dispute in that regard
further.
40.0 HR conditions to be complied with.
40.1. Master–servant relationship: The workmen, supervisors and site in charge deployed by
the contractor for providing the services shall be the workers of contractor only and
master servant relationship would exist only between the contractor and contract
workmen.
40.2. Proof for master servant relationship: It has to be stipulated that appointment order
shall be issued by the contractor in their own letter head having terms and conditions
without specific reference /restrictions to their contract with NTPL alone. They may in
addition or alternatively issue Form XII employment card under Contract Labour
(Regulation and Abolition) Act, 1970, Rule 1971.
40.3. Non-dedicated Nature: As NTPL is paying for the operation/maintenance
services/Support services /Assistance service only, the contractor shall be deemed as a
Non–dedicated contractor/services provider meaning that they are free to provide
similar or different services to any other organization. Similarly, as NTPL paying only for
the services, the workmen of such contractors shall also be deemed as non-dedicated
workmen. It implies that while the contractor/service provider is bound only to provide
service as stipulated in the contract, the contractor is free to change site in charge,
Supervisors and workmen. They may deploy them in any other contract in any other
organization during the validity of their contract with NTPL. NTPL requirement is that the
services as agreed to in the contract shall be provided hassle free during the period of
contract.
40.4. Supervision: Supervision of the services under the contract shall be fundamentally done
by the contractor’s supervisors only. Attendance records, wages record, leave record,
safety record and all other statutory and non-statutory records are to be maintained by
the supervisors of the contractor only.

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40.5. Payment of wages: Payment of wages to the workmen by contractors would be covered
by Minimum Wages Act, 1948 and payment of Wages Act, 1936. Payment of wages shall
be done to contract workmen of the contractor only through savings bank account of
the contract workmen individually in any one of the Nationalized Banks/Scheduled
Commercial Banks/Cooperative banks or any other bank falling under Banking
Regulations Act.
40.6. Leave with wages: The contractor shall extend leave with wages as per the provision of
The Factories Act, 1948.
40.7. Payment of Gratuity: Payment of Gratuity shall be ensured by the contractor to eligible
workmen as per the provision of The Payment of Gratuity Act, 1972.
40.8. License /Permits: It shall be the responsibility of the contractor to obtain
licenses/permits as required under law such as license under Contract Labour
(Regulation and Abolition) Act, 1970, license under Inter-State Migrant Workmen Act,
1979 etc. Such licenses shall be produced before the claim of first bill. In case there is
delay in issue by the Authority concerned, then proof for having applied for such
license/permit shall be produced.
40.9. EPF/ESI/Code No: While bidding for the work itself, the contractor shall enclose proof for
having EPF and ESI Code in the name of the individual contractor/firm/company as the
case may be depending upon the status in which they are bidding. It shall be the
responsibility of the contractor to ensure EPF and ESI remittance online within stipulated
time and file all connected statutory returns in time to statutory Authorities and
maintain records. Clearance from HR angle will be given only when all relevant proof in
this regard is produced subject to certification to the numbers of days by the Division
concerned.
40.10. Antecedent Verification: The antecedents of the contract workmen and supervisors
shall be verified by the contractor with the police station concerned and certificate for
each such workmen/ supervisors shall be submitted by the contractor within fifteen days
of commencement of such work.
40.11. Working hours, weekly off and overtime shall be followed by the contractors as per the
provisions of The Factories Act, 1948.
40.12. Payment of Bonus: Payment of Bonus to contract workmen and supervisors shall be
governed by Payment of Bonus Act, 1965. If the contractor’s establishment is covered
under The Payment of Bonus Act, 1965 then the payment of bonus shall be ensured.
40.13. Safety Training: It shall be the duty of contractor to train his supervisors and workmen in
safety as per the provision of The Factories Act, 1948 and Tamil Nadu Factories Rules,
1950. The contractor shall inform the in-charge officer of NTPL for the work, the name
of his supervisors who will monitor safety for the outsourced work in each shift. All safety
compliance shall be ensured by such supervisors.
40.14. Tamil Nadu Labour Welfare Fund: Contribution to Labour Welfare Fund as per rates of
contribution given and as amended for time to time in Tamil Nadu Labour Welfare Fund
Act, 1972 shall be ensured by the contractor.
40.15. Maternity Benefit: Maternity benefit to women employees as per the provisions
available is the Maternity Benefit Act, 1961 shall be extended by the Contractor
wherever such women are not covered by ESI Act.
40.16. Group insurance against liability for payment of compensation payable under Employees
Compensation Act, 1923: Wherever ESI is not applicable the contractor shall take group
insurance against liability for payment of compensation payable under Employees
Compensation Act, 1923.

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 40.17. The bidder shall furnish an undertaking that, they shall not indulge in any unfair labour
practices viz. collecting money for employment, collecting back certain amount of
money after disbursement of wages etc., from Contract workmen/Supervisors and if
found indulged in any such unfair labour practices by any contractor employer, then they
are liable for Banning from participating in NTPL’s tenders.
41.0 COST OF TENDERING: The Tenderer shall bear all costs and expenditure associated with the
preparation of the Tender and connected work. NTPL shall not liable for these costs.
42.0 DEFINITION OF TERMS
42.1 “Purchaser” means NLC Tamilnadu Power Ltd (NTPL), Tuticorin.
42.2 “Plant” means NTPL’s 2*500 MW Coal based Thermal Power Station, Tuticorin

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