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PO 4030006293 - 400 MT Crane - Sardarshahar
PO 4030006293 - 400 MT Crane - Sardarshahar
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Company : Ship To :
SAEL Industries Limited Sardarshahar Agri Energy Pvt. Ltd.
2nd Floor, A-4, Green Park Main Hanumangarh near Malsar Modh,Village-Malsar Tehsil Bhanipura
New Delhi - 110016 District Churu-331411
DELHI,India 08ABHCS7770C1Z4
GST Number : 07ABICS3568D1Z7
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Annexure -1
Special Terms and Condition
SCOPE OF WORK:
c. All local Expenses including TO & FRO conveyance to site, accommodation at site, fooding
for contractor manpower and site supervisor, residence, loading and unloading of tools &
tackles etc. is in scope of contractor. SAEL shall only allocate space for hutments within the
site premises.
d. All tools and tackles, scaffolding, consumables, Hydra and Crane in contractor scope.
e. All safety gears & PPE’s like safety belts, safety shoes, safety jackets & safety goggles etc.
in contractor scope.
f. Erection of complete chimney till the final acceptance and Handover to SAEL including.
g. Contractor shall be responsible for any loss, damage caused due to mishandling and misuse
of materials and the same shall be replenished at contractor’s cost.
a. The contractor is solely responsible for conduct and safety for his man power during their
work / stay in the plant. Worker compensation policy including first aid, hospitalization and
related medical treatment in accidental case will be in scope of Contractor.
b. PF and Labor Licenses (for workmen and staff, tools, tackles, machinery etc) for
contractor’s part shall be in contractor Scope. All legal statutory compliances including
labor licenses and Erection Permit should be in contractor scope.
c. Contractor will take care of insurance/accidental coverage of all it’ staff and workmen.
Contractor has to make sure that a workmen insurance policy is in place before the
workmen are sent to site. The insurance policy should cover the risk of working at height.
It should be site specific and cover all your workmen and third party.
d. Contractor shall keep SAEL fully indemnified from all liabilities arising due to conduct of its
manpower at site or in case of any accident.
e. Contractor will observe all local/state/central labor laws & safety rules during execution of
the job.
CANCELLATION OF ORDER
Noncompliance with any of the above conditions may compel SAEL to cancel the order without
Prejudice to its rights and remedies under law and contract. This order is subject to force majeure and
SAEL reserves the right to cancel the order in full or part thereof. Any Dispute arising out of or this
order shall be subject to the jurisdiction of the courts in Delhi only.
EXCLUSIONS
a. Civil works shall be carried out by SAEL. It is clearly understood that contractor scope of work
would be total, starting from receiving materials at site for unloading up to the final handing
over of the ESP.
b. Electricity & Water nearby site at single pointe shall be provided by SAEL free of cost.
SAFETY REGULATIONS:
a. All labor and supervisor personnel engaged in the erection work shall use safety helmets. All
persons working at height above 2 meters must use safety belts and safety harnesses.
b. Those engaged in welding and cutting works shall use protective face / eye shields and hand
gloves etc.
c. All operators shall be properly trained and shall be conversant with safety regulation for using
such equipment and appliances.
WORK SCHEDULE:
Contractor complete the work within span of 3-4 month or earlier positively.
(a) General:
(b) Environment:
Contractor in consultation with Project Team shall avoid or minimize adverse impacts on
human health and the environment by avoiding or minimizing pollution from project activities.
The Contractor shall ensure that emissions, surface discharges, effluent and any other
pollutants from the construction activities shall exceed neither the values indicated in the
Employer's Requirements, nor those pre-scribed by applicable laws.
In the event of damage to the environment, property and/or nuisance to people, on or off Site
as a result of the Contractor's operations, the Contractor shall agree with the Project Manager
the appropriate actions and time scale to remedy, as practicable, the damaged environment
to its former condition. The Contractor shall implement such remedies at its cost to the
satisfaction of the Project Manager.
(c) Labour:
He Contractor shall comply with all the relevant labour Laws applicable to the Contractor’s
Personnel, including Laws relating to their employment, health, safety, welfare, immigration,
and emigration, and shall allow them all their legal rights.
Contractor to ensure fulfilment of statutory compliances for their manpower like Insurance,
ESI, PF etc.
Establish and maintain a safe working environment without risk to health at all workplaces,
machinery.
The Contractor shall at all times during the progress of the Contract use its best endeavours
to prevent any unlawful, riotous or disorderly conduct or behaviour by or amongst its
employees and the labour of its Subcontractors.
The Contractor shall, in all dealings with its labour and the labour of its Subcontractors
employed on or connected with the Contract, pay due regard to all recognized festivals,
official holidays, religious or other customs and all local laws and regulations pertaining to the
employment of labour.
The contractor shall provide workers with documented information that is clear and
understandable, regarding their rights under national labour and employment law including
their rights related to hours of work, wages, overtime, compensation, and benefits upon
beginning the working relationship and when any material changes occur.
The Contractor will ensure that adequate facilities and amenities are provided for
construction workers, either in leased houses and/or a workers’ accommodation camp,
including: adequate living/sleeping facilities and space per person; potable water that meets
national standards; safety from wild animal attacks; appropriate climatic conditions in the
worker accommodation; toilets, washing and cleaning facilities; canteen/mess/food area or
fuel for cooking; locker/storage facilities; and facilities for management and disposal of
garbage, sewage and other waste. The Contractor will periodically review and monitor the
condition of the labour accommodations through the construction phase and report to the
Company on weekly, fortnightly and monthly basis.
Where the contractor is a party to a collective bargaining agreement with a workers’
organization, such agreement will be respected in liaising with this contract.
The contractor shall not make employment decisions on the basis of personal characteristics
(gender, race, nationality, ethnic, social and indigenous origin, religion or belief, disability, age,
or sexual orientation) unrelated to inherent job requirements. The contractor will base the
employment relationship on the principle of equal opportunity and fair treatment.
Contractor shall provide a grievance mechanism for workers to raise workplace concerns. The
grievance mechanism shall not impede access to other judicial or administrative remedies that
might be available, or substitute for grievance mechanisms provided through collective
agreements.
The contractor shall not employ children in any manner that is economically exploitative, or
is likely to be hazardous, or to be harmful to the child’s health or physical, mental, spiritual,
moral, or social development. If national laws have provisions for the employment of minors,
the client will follow those laws applicable to the client. Children under the age of 18 will not
be employed in hazardous work. All work of persons under the age of 18 will be subject to an
appropriate risk assessment and regular monitoring of health, working conditions, and hours
of work.
The Contractor will not practice any form of forced labour, which consists of any work or
service not voluntarily performed that is exacted from an individual under threat of force or
penalty.
The contractor shall be responsible to provide a safe and healthy work environment, taking
into account inherent risks and specific classes of hazards in the work areas, including physical,
chemical, biological, and radiological hazards, and specific threats to women workers (if any).
The contractor will take steps to prevent accidents, injury, and disease arising from, associated
with, or occurring in the course of work by minimizing, as far as reasonably practicable, the
causes of hazards. In a manner consistent with good international industry practice as
reflected in various internationally recognized sources
The Contractor shall at all times take all reasonable precautions to maintain the health and
safety of the Contractor's Personnel employed for the execution of Installation Services at the
Site (or other places in the country where the Site is located).
The Contractor shall not give, barter, or otherwise dispose of, to any person, any arms or
ammunition of any kind, or allow Contractor's Personnel to do so.
(e) Allow the Company, at any time, on reasonable notice to the Contractor to conduct or cause
a third party to conduct an audit of the Contractor’s operation and the Contractor shall co-
operate fully so as to enable the same to ensure such co-operation by its personnel and sub-
contractors.
(f) The Contractor shall at all times take all reasonable precautions to maintain the health and
safety of the Contractor's Personnel employed for the execution of Installation Services at the
Site (or other places in the country where the Site is located).
(g) Establish and maintain a safe working environment without risk to health at all workplaces,
machinery, equipment and processes under the control of the Contractor, including control
measures for chemical, physical and biological substances and agents.
Other:
(h) In case of any archaeological, paleontological, historical, architectural, religious interest found
on the Site, shall be placed under the care and custody of the Employer.
(i) The Contractor shall take all reasonable precautions, including fencing-off the area or site of
the finding, to avoid further disturbance and prevent Contractor's Personnel or other persons
from removing or damaging any of these findings.
(a) The Contractor shall make its own arrangements for the engagement of all personnel and
labour, local or otherwise, and for their payment, housing, feeding and transport.
(b) The Contractor has verified/ shall verify the identity and address of all its employees and
officials related to the Works by collecting necessary documentary proof.
(c) The Contractor shall seek a self-declaration from its employees that they have not been
convicted of any criminal offence by any court and if any criminal proceedings/charge-sheets
have been pending/filed against them. The Contractor shall not employ persons with criminal
track record on the project. In cases where it comes to notice later that the employee
concerned has concealed any such fact in his self-declaration or commits a criminal offence
during the course of his employment, the Contractor shall remove such person from the
project
(d) The employees and personnel of the Contractor shall work under the supervision, control
and direction of the Contractor and the Contractor shall be solely responsible for all
negotiations with its employees and personnel relating to their salaries and benefits, and shall
be responsible for assessments and monitoring of performance and for all disciplinary
matters. All employees / personnel, executives engaged by the Contractor shall be in sole
employment of the Contractor and the Contractor shall be solely responsible for their salaries,
wages, statutory payments, etc.
(a) The Contractor shall obtain all relevant labour registrations and comply with all relevant
labour laws applying to its employees and shall duly pay them and afford to them all their
legal rights.
(b) The Contractor shall make all deductions of tax at source and all contributions to the
Payment of Gratuity, Provident Fund (including Employees’ contribution) and Employees’
State Insurance Scheme as may be required by Applicable Laws and deposit the aforesaid
contributed amount with the appropriate Developer/(s).
(c) The Contractor shall require all personnel engaged in the Works to obey all Applicable Laws
and regulations. The Contractor shall permit Developer to witness labour payments for the
Contractors direct labour, or the Subcontractors labour. The Contractor shall ensure that all
its Subcontractors strictly comply with all labour laws. (d) Documentary evidence confirming
compliance, as may be required from time to time, shall be provided to the Developer’s
Representative.
(d) The Developer shall not be liable for any delay/default of the Contractor in compliance of
the labour laws.
The Contractor shall employ only personnel who are appropriately qualified, skilled and
experienced in their respective trades or occupations. The Developer may require the Contractor
to remove any personnel engaged for the Works, who in the opinion of the Developer:
The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous, or
disorderly conduct by or amongst its personnel, and to preserve peace and protection of people and
property in the neighbourhood of the Works.
(i) The Contractor shall take all the required measures and make arrangements for safety the
Construction of the Project or a Section thereof. It shall provide, erect and maintain all such barricades,
signs, markings, flags, and lights for the safety of the traffic passing through the Section under
construction or maintenance.
(ii) All works shall be carried out in a manner creating least interference to traffic passing through the
Project or a Section thereof. The Contractor shall take prior approval of the Developer’s Engineer for
any proposed arrangement for traffic regulation during Construction which approval shall not be
unreasonably withheld.
If at any time, any question, dispute, or difference whatsoever, shall arise between the SAEL Ltd and
the Contractor in relation to or in connection with or arising out of this Contract, both parties agree
to resolve the same by mutual consultation. Failing resolution by mutual consultation, either party
may give to the other a notice in writing of the existence of such question(s) / dispute(s) / difference(s)
and the same shall be referred to the arbitration of a single Arbitrator, if agreed upon, otherwise of
three Arbitrators, one each to be appointed by SAEL Ltd and the Contractor and the third shall be
appointed mutually by the two Arbitrators appointed by the SAEL Ltd and the Contractor. The third
Arbitrator shall act as the Presiding Arbitrator.
Upon receipt of such notice, if addressee fails in giving its consent or nominating an arbitrator of its
choice within a period of 30 days of the receipt of notice, then the arbitrator nominated in the
notice shall become sole arbitrator for adjudication of the dispute between the parties
The award of the said single Arbitrator or the three Arbitrators, as the case may be, shall be final and
binding on both the parties. The arbitration proceedings shall be governed by the provisions of The
Arbitration and Conciliation Act 1996 and the rules framed thereunder and read with all statutory
amendments and modifications thereof. The arbitration proceedings will be held at New Delhi. The
Courts of Delhi shall have exclusive jurisdiction.