SPECIAL CONDITION OF CONTRACT (SCC)

INTRODUCTION:

GAIL which is in the business of inter alia of petroleum products & natural gas has emerged
as a national leader in natural gas and as an international player in its field and has today
achieved a profile & stature which have placed extraordinary demand on service requirements
in order to meet which it is desirable that engages a specialized agency to provide specialized
services

1. GENERAL:
The Special Conditions of Contract (SCC) shall be read in conjunction with the SLA &
Scope of work. The Special Conditions of Contract shall supersede the provisions of
SLA & Scope of work in case of any ambiguity. It is deemed understood that the bidder
have thoroughly read the SLA, Scope of work & SCC before filling in the rates.

The intending bidders shall be deemed to have visited the site and familiarized
themselves thoroughly with the site conditions before submitting their bid. Non-
familiarity with the site conditions will not be considered a reason either for extra
claims or for not carrying out in strict conformity with specifications, drawings and bill
of quantities. In case of any doubt or dispute as to the interpretation of any clause
contained in, the decision of Engineer-In-Charge shall be final and binding on the
CONTRACTOR

1. “Service” shall comprise the Scope of Work as attached CONTRACT FOR SERVICES
OF SAMPLING, TESTING & OPERATION OF LAB EQUIPMENT’S IN QA-LAB
AT GPU-GANDHAR.

2. Location where the services are to be rendered - “Gas processing Unit, Gandhar, Village
- Rozatankaria, Tal. - Amod, Dist. Bharuch”

3. Engagement:

GAIL intends to engage Contractor to provide the service(s) at Gas processing Unit,
Gandhar, Village - Rozatankaria, Tal. - Amod, Dist. Bharuch and for a period of 36
months W.E.F 01.09.2021 / as mentioned in LOI/LOA/ from the date of
commencement of service subject to the terms and conditions hereinafter specified.

2. SELF-ASSESSMENT OF WORK:

2.1. The quoted rates shall be deemed to have been arrived after first hand self-assessment
of the work front by the Contractor by visiting the concerned location of execution of
contract prior to submission of their offer and shall give no reason whatsoever to request
for any increase/revision in their quoted/awarded rates and not aware of local
conditions.

2.2. Contractor shall also provide services on round the clock basis including any holidays
(until and unless instructed otherwise by EIC) and nothing extra shall be payable on
this account. The Contractor shall make his own arrangement for housing himself and
his resources. GAIL will not provide any accommodation.
2.3. Contractor shall in no case lease/transfer/sublet for supply of material, services and
resources in the contractual job. However, under exceptional circumstances, the
contractor may be allowed to engage a sub-contractor with the prior written approval
of competent Authority.

a. However, before approval of competent authority, contractor shall execute an

indemnity bond in favour of GAIL indemnifying against any liability arising
out of resource deployment by another agency.

2.4. The service provider shall defend and indemnify GAIL from all suits, actions, claims,
demands, liabilities, damages and expenses arising out of any injury or death resulting
there from to any of its contract workers, while providing the services.

2.5. Performance Evaluation of Contracts as per C&P circulars/guidelines/procedure.

3. TERMS OF PAYMENT:

After disbursement of wages to the deployed resources, the contractor shall submit
monthly bill along with the work details completed by them on prescribed form in
triplicate to the Engineer-In-Charge (EIC). Payment will be released on production of
running bills on monthly basis after necessary verification and certification by the
concerned Engineer -in-charge within 15 days after submission of Bills. The Contractor
shall submit the bill in the prescribed format as supplied by GAIL along with all
necessary documents. The contractor shall submit the bill of current date along with all
necessary documents like signed attendance sheet, signed wage sheet, payment proof,
PF Challan proof, etc. The monthly payment shall be released only after a satisfactory
completion of work as per terms and conditions agreement. However, during the
execution contractor will ensure the Payment of Wages and statutory compliance
PF/ESI to its workers as per the timeline under Payment of Wages Act, 1936 and will
not make a point for non-payment of Bills by GAIL. The contractor should give the
details of his bank account in the prescribed E-banking format to facilitate payment
through e-banking in case of award of work to him.

No deviation from the payment terms as per tender document shall be acceptable. In
case of less no of services / duty performed than minimum services/duty mentioned for
each service then payment shall be made / calculated on pro-Rota basis.

The contractor has to bear the Tax liabilities under the Income Tax Act, 1961, amended
from time to time in respect of himself and his resources.

The contractor shall observe all statutory laws, rules, and regulations. Contractor shall
pay to the concerned resources all the payments due to the credit to resources deployed
by the contractor under this contract. The GAIL has no liabilities whatsoever.

4. INCOME TAX:

Income tax at the prevailing rate as applicable from time to time shall be deducted from
Contractor's bills as per Income Tax Act and quoted rates shall be deemed to include
this.

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5. RIGHT TO GET SERVICES CARRIES OUT THROUGH OTHER AGENCIES:

GAIL has right to accept similar services from other agencies at its discretion.

6. DEFECT LIABILITY PERIOD:

For this service contract, the defect liability period is 3 months. The minimum period
of three months may be considered for settlement/closure of contract etc.

7. THE ENGINEER-IN-CHARGE SHALL BE AUTHORISED FOR:

7.1. Issue instructions to the contractor from time to time (during program of the services)
for the purpose of proper and adequate execution of the service and the contractor shall
carry out in time bound manner.

7.2. Order the contractor to remove or replace any resources whom the company considers
incompetent or unsuitable. The opinion of company's representative as to the
competence of any resources engaged by the contractor is final and binding on the
contractor.

7.3. QUANTITY VARIATION: The quantity given in the Schedule of Rates and scope of
work is approximate and any increase or decrease in the quantity will not affect the
rates quoted. The work will be carried out by the Contractor without changing the rates
quoted and accepted until completion of the contract period. No escalation shall be
permitted.

7.4. In case of any default observed in any of the resource during execution of the work and
needs to be replaced, the Engineer-in-charge will communicate to the supervisor/
contractor and the same shall be replaced without fail. Non-compliance of the EICs
instructions will amount to non-performance under the terms of the contract.

7.5. Some relaxation in work experience may be given, if the resources found skilled enough
to carry out above said jobs. The work executed by the resources shall be to the
satisfaction of the Engr.-In-charge.

8. ALTERATION IN WORK SCHEDULE:

If at any time after the commencement of the work the GAIL shall for any reason
whatsoever not require the whole on part thereof as specified in the tender to be carried
out, the Engr.-In-charge shall give notice in writing of the fact to the contractor who
shall have no claim to any payment on compensation whatsoever on account of any
profit or advantages which he might have derived from the execution of the work in full
but which he did not derive in consequence of the full amount of the work not having
been carried out. Contractor shall not have any claim for compensation, be reason of
any alterations having been made in the original specifications, and instructions which
shall involve on curtailment of the work originally contemplated.

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9. The contractor must submit the detail bio-data along with photo identity and
photographs of contract workers engaged in the prescribed format before
commencement of work at site before allowing entry in to the plant premises.

10. GAIL has right to accept similar services from other agencies at its discretion.

11. In case of doubt or dispute as to the interpretation of any clause contained herein the
decision of the GAIL shall be final and binding on the contractor.

12. Any failure on the part of the company at any time endorse the strict observance of the
performance of any of the terms and conditions of this contract or non-exercise of any
right mentioned in the contract shall not constitute waiver of such terms and conditions
or right and shall not affect or deprive the company to exercise the same at any later
date.

13. All expenses towards mobilization at site and demobilization of equipment, work force
shall be deemed to be included in the prices quoted and no separate payment on account
of such expenses shall be entertained. In case of round the clock work, contractor has
to ensure that no contract worker is deployed for providing contractual services
works for more than two consecutive shifts on any day.

14. The contractor must ensure that all the entries and exit of contract workers and their
material and equipment’s should be done with proper gate passes and records at security
gate.

15. Under exceptional circumstances of emergencies, the contractor/supervisor will be

asked for resource replacement/deployment or otherwise and the same has to be done
immediately.

16. The contractor must mobilize resources that match the requirement and have relevant
prior similar experience of the work. The said resources to be first familiarized with
plant and process and accepted only if found suitable. No payment shall be given to the
contractor during such familiarization.

17. Considering the hazardous nature of the job, for the smooth execution of the services
contracted out herein, the contractor shall be required to deploy contract workers who
have the proper qualification, experience and expertise as normally required under the
norms followed as also meets the statutory requirements. The contractor shall have
detail bio-data of all contract workers deployed by him under the contract and submit
the copies of qualifications and experience to the EIC on demand.

18. The plant is very sensitive and to avoid over stress to the operator, each operator shall
perform only 48 hours duty in a week. Operator shall be allowed to extra shift duty only
in special cases under statute.

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19. GST (CGST & SGST/ UTGST or IGST)
19.1. Within the contractual delivery period, the statutory variation in applicable GST
(CGST & SGST/UTGST or IGST) on supply and on incidental services shall be to
GAIL’s account. Beyond the contractual delivery period, in case GAIL is not
entitled for input tax credit of GST (CGST & SGST/UTGST or IGST), then any
increase in the rate of GST (CGST & SGST/UTGST or IGST) beyond the
contractual delivery period shall be to Supplier’s account whereas any decrease in
the rate GST (CGST & SGST/UTGST or IGST) shall be passed on to the
Purchaser.

Beyond the contractual delivery period, in case GAIL is entitled for input tax credit of
GST (CGST & SGST/UTGST or IGST), then statutory variation in applicable GST
(CGST & SGST/UTGST or IGST) on supply and on incidental services, shall be to
GAIL’s account. The base date for the purpose of applying statutory variation shall be
the Bid Due Date.

In case of statutory variation(s) in the taxes & duties mentioned at clause no. 6.1 above,
the Supplier shall submit a copy of the ‘Government Notification’ to evidence the rate
as applicable on the Bid Due Date and on the date of revision. Claim for payment of
statutory variation should be raised preferably along with the Invoice. Any claim for
arrears on account of statutory variation shall be submitted to Purchaser within two
[02] months from the date of issue of such ‘Government Notification’, otherwise such
claim may not be entertained.

19.2. New Taxes & duties: Any new taxes & duties, if imposed by the State/ Central
Govt. of India on the finished goods after the due date of bid submission but before
the Contractual Delivery/Completion Date, shall be reimbursed to the Supplier on
submission of copy of notification(s) issued from State/ Central Govt. Authorities
along with documentary evidence for proof of payment of such taxes & duties, but
only after ascertaining it’s applicability with respect to the Contract.

19.3. Supplier shall ensure timely submission of correct invoice(s), as per GST rules/
regulation, with all required supporting document(s) to enable GAIL to avail
input credit of GST (CGST & SGST/UTGST or IGST). Further, returns and
details under GST laws & rules should be timely filed by the Supplier. If input
tax credit is not available to GAIL for any reason not attributable to GAIL, then
GAIL shall not be obligated or liable to pay or reimburse GST (CGST &
SGST/UTGST or IGST) claimed in the invoice(s) and shall be entitled to deduct/
setoff /recover such GST (CGST & SGST/UTGST or IGST) together with all
penalties and interest, if any, against any amounts paid or payable by GAIL to the
Supplier.

19.4. The supplier shall mention the particulars of GAIL (India) Limited on the Invoice.
Besides, if any other particulars of GAIL are required to be mentioned, under
GST rules/ regulations on the date of dispatch, the same shall also be mentioned
on the Invoice.

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19.5. Regarding Reconciliation between GSTR 2A and Input Tax Credit
Supplier shall ensure timely submission of correct invoice(s), as per GST rules/
regulation, with all required supporting document(s) within a period specified in
Contract to enable GAIL to avail input credit of GST (CGST & SGST/UTGST or
IGST). Further, returns and details required to be filled under GST laws & rules should
be timely filed by Supplier of Goods / Services with requisite details.

If input tax credit is not available to GAIL for any reason not attributable to GAIL, then
GAIL shall not be obligated or liable to pay or reimburse GST (CGST & SGST/UTGST
or IGST) claimed in the invoice(s) and shall be entitled to deduct / setoff / recover such
GST amount (CGST & SGST/UTGST or IGST) or Input Tax Credit amount together
with penalties and interest, if any, against any amounts paid or becomes payable by
GAIL in future to the Supplier/Contractor under this contract or under any other
contract.

In case CBIC (Central Board of Indirect Taxes and Customs)/ any tax authority / any
equivalent government agency brings to the notice of GAIL that the Supplier has not
remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected from
GAIL to the government exchequer, then, that Supplier shall be put under Holiday list
of GAIL for period of six months after following the due procedure. This action will be
in addition to the right of recovery of financial implication arising on GAIL.

19.6. GAIL will prefer to deal with registered supplier of goods/ services under GST.
Therefore, bidders are requested to get themselves registered under GST, it not
registered yet. However, in case any unregistered bidder is submitting their bid,
there prices will be loaded with applicable GST (CGST & SGST/UTGST or IGST)
during evaluation of bid (if applicable as per Govt. Act/ Law in vogue). Where
GAIL is entitled for input credit of GST (CGST & SGST/UTGST or IGST), the
same will be considered for evaluation of bid as per evaluation methodology of
tender document.

19.7. In case the GST rating of vendor on the GST portal / Govt. official website is
negative / black listed, then the bids may be rejected by GAIL. Further, in case
rating of bidder is negative / black listed after award of work for supply of goods
/ services, then GAIL shall not be obligated or liable to pay or reimburse GST
(CGST & SGST/UTGST or IGST) to such vendor and shall also be entitled to
deduct / recover such GST (CGST & SGST/UTGST or IGST) along with all
penalties / interest, if any, incurred by GAIL.

19.8. Anti-profiteering clause: As per Clause 171 of GST Act, it is mandatory to pass on
the benefit due to reduction in rate of tax or from input tax credit to the consumer
by way of commensurate reduction in prices. The Service Provider may note the
above and quote their prices accordingly.

19.9. GST (CGST & SGST/UTGST or IGST) is implemented w.e.f. 01.07.2017 which
subsumed various indirect taxes and duties applicable before 01.07.2017.

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19.10. GST, as quoted by the bidder, shall be deemed as final and binding for the purpose
of bid evaluation (application for tenders where bidder quotes the GST rates). In
case a bidder enters “zero / blank” GST or an erroneous GST, the bid evaluation
for finalizing the L1 bidder will be done considering the quoted GST rate. No
request for change in GST will be entertained after submission of bids.

In case where the successful bidder quotes a wrong GST rate, for releasing the order,
the following methodology will be followed:

 In case the actual GST rate applicable is lower than the quoted GST rate, the
actual GST rate will be added to the quoted basic prices. The final cash outflow
will be based on actual GST rate.
 In case the actual GST rate applicable is more than the quoted GST rate, the
basic prices quoted will be reduced proportionately, keeping the final cash
outflow the same as the overall quoted amount.

Based on the total cash outflow calculated as above, GAIL shall place orders.

19.11. Wherever TDS under GST Laws has been deducted from the invoices raised /
payments made to the vendors, as per the provisions of the GST law / Rules,
Vendors should accept the corresponding GST-TDS amount populated in the
relevant screen on GST common portal (www.gst.gov.in). Further, Vendors
should also download the GST TDS certificate from GST common portal
(reference path: Services > User Services > View/Download Certificates option).

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 Annexure-I
STANDARD CONDITIONS OF SCC: PART I

Standard HR Clauses

1. “Service” shall comprise the Scope of Work as attached CONTRACT FOR SERVICES
OF SAMPLING, TESTING & OPERATION OF LAB EQUIPMENT’S IN QA-LAB
AT GPU-GANDHAR.

2. Location where the services are to be rendered - “Gas processing Unit, Gandhar, Village
- Rozatankaria, Tal. - Amod, Dist. Bharuch”

3. Engagement:
GAIL intends to engage Contractor to provide the service(s) at Gas processing Unit,
Gandhar, Village - Rozatankaria, Tal. - Amod, Dist. Bharuch and for a period of 36
months w.e.f. 01.09.2021 / as mentioned in LOI/LOA/ from the date of commencement
of service subject to the terms and conditions hereinafter specified.

4. Man-days:

a) Minimum requirement / average monthly requirement (whichever is applicable) of

man-days / resources:

High-skilled: 5616 (6 duties per day for 936 days)

Semi-Skilled: 936 (1 duties per day for 936 days)
Total: 6552 (7 duties per day for 1095 days)

Table 1: Categories of Man-days

Sl. Category Monthly Requirement Number of

No. (if required, provide shift-wise requirement) months
1. High-skilled 150-160 shifts depending on no. of days in the 36
month
2. Semi-Skilled 25-28 shifts depending on no. of days in the month 36

Shift High-Skilled Semi-Skilled

A 1 Chemist -
B 1 Chemist -
C 2 Chemist -
Shift Reliever 1 Chemist -
G 1 Chemist 1

b) The contractor is required to maintain a monthly average of 180-190 nos. of resources.

A daily variation of upto +/- 10 % in deployment, if required, may be allowed to ensure
operational flexibility and desired productivity / quality of work.

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 Illustration:
If the average monthly requirement is 100 nos. of resources with variation of +/- 10 %,
the contractor may be allowed an operational flexibility to deploy resources in the range
of 90-110 nos. per day of resources considering the quantum of work on a particular
day. However, the average monthly deployment of 100 nos. of resources is to be
maintained.

c) Qualification and experience of resources to be deployed:

i. Chemist:

Minimum Graduate/post graduate in Chemistry, with two Years in line experience in

large Fertilizer, Petrochemical of Chemical Industries. Graduate in technology
/engineering with chemical /petrochemical or related specialization with experience
mentioned above, will also be considered. Postgraduate diploma in computer
application or working knowledge of computers is desirable. Candidate with some
experience of, handling shift job independently (preferably in LPG recovery plant) will
be preferred. In case of non –availability of candidates with prescribed qualification
and experience; it may be relaxed as per discretion of Engineer In charge.

ii. Sampler/Assistant:
Sampler/Assistant should have passed minimum matriculation (10th std.) preferably
with similar experience.

d) Contractor shall ensure that the resources to be deployed are:

i. Trained, qualified & experienced as stipulated above and competent to do the jobs for
which they are assigned. The deployed resources should not be changed frequently
unless instructed by EIC.

ii. Well dressed, well groomed, neat, tidy and presentable to a standard reasonably
required for the particular service(s) for which they are assigned, and shall wear
distinctive uniforms in keeping with their positions as will identify and distinguish
them,

iii. Polite, respectful and courteous and obey the rules & regulations of "GAIL".

5. Cost of minimum resources to be deployed:

The estimated cost of minimum resources / average monthly resources (whichever is

applicable) to be deployed is based on applicable minimum wages [as notified by the
Central Government or State Government whichever is higher, as per the provisions of
the Minimum Wages Act, 1948 / Code on Wages, 2019 (after it comes into force)] as on
01.04.2021. The wages for different categories are as under (refer Table 2):

Table 2: Notified Wage rate for different categories

Sl. No. Category Daily wage (Rs.) Monthly wage (Rs.) #
1 High-skilled Daily wage x 26
2 Semi-Skilled Daily wage x 26

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 # The monthly wage remains same irrespective of the number of days in a
particular month [for example it remains same for February (28/29 days), March
(31 days) and April (30 days)].

Based on the prevailing Labour legislations governing contract Labour as brought out
in Standard Conditions of SCC - Part-II, Part- III and Part-IV, the Bidder/Contractor is
required to consider the monthly cost of deploying minimum number of resources /
average monthly resources (whichever is applicable) based on the following and quote
the “Service Charge” accordingly:

Table 3: Components of monthly cost of deployment of a resource

Sl. Component for working out monthly cost of deploying a Remarks

No. resource
1 Minimum Wages as on the date of submission of the bid
PF Contribution @ 13% (i.e. Employer contribution 12% +
2 EDLI 0.5% + Admin Charges 0.5%)
3 Bonus / Ex-gratia @ 8.33% of minimum wages per month
4 ESI Employer Contribution @ 3.25%
Provision for leave with wages @ 4.81% of minimum
5
wages per month
Premium for Employees Compensation Policy covering
Compensation Liability and a Mediclaim policy within
6 overall premium @ 3.25 % of Minimum wages (i.e.
employer contribution towards ESI), if ESI is not
applicable
Premium for Group Personal Accident Insurance Policy (based on rates
with a coverage of three lakh rupees offered by at least one
7
leading insurance
provider)
8 Premium for PMSBY
9 Premium for PMJJBY
10 Uniform (2 sets per year) cost
Any other statutory component(s) if made mandatory by the
11 proposed Lab or Codes by Government of India (after it
comes into force).

In case, any upward revision in minimum wages is notified by the appropriate

government during the period of contract, GAIL shall reimburse only the additional
financial implication arising out of such upward revision in minimum wages including
implication of associated wage components mentioned at Sl. No. 1-5 as mentioned in
Table-3 (if any) to the Contractor. The Contractor is required to submit documentary
proof for reimbursement of such additional financial implication. The arrears (if any)
due to time gap between the date of notification and actual date of claim by the
contractor shall also be paid.

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 However, there will be no reimbursement in such case towards (i) the overheads
towards minimum infrastructure to be maintained by the bidder for execution of the
contract, running office expenses, coordination with Statutory Authorities, charges
towards Bank Guarantees (BG), interest on working capital, documentation charge and
reasonable profit margin and (ii) quoted “Service Charge” amount.

The bidder is required to make his / her own assessment regarding deployment of
resources, and supervisor etc. required for ensuring satisfactory services as per terms of
the contract and also take into account all other applicable costs, if any, while quoting
the rates / “Service Charge.”

The quoted “Service Charge” will remain firm and fixed during the contract period.

The Bidder is required to submit an undertaking, as per Annexure- iii.

6. Uniform:

Contractor shall ensure adequate supply of uniform (but not less than 02 sets per year,
Preferably Cotton) as mentioned in the Scope of Work to all resources deployed.

7. Biometric System:

Contractor (s) are required to install Biometric System at his own cost to regulate the
entry and exit of the resource(s) deployed by him.

8. Deficiency:

“Deficiency" shall mean a deficiency in the performance of service(s) as mentioned in

the Scope of Work including deployment of minimum resources / average monthly
resources (whichever is applicable), poor quality of service, quantity and quality of
material, efficiency of any service(s), non-compliance of statutory provision(s) or non-
compliance of any of the tender condition(s).

GAIL/ Engineer in Charge (EIC) on observing any deficiency may inform/advise the
supervisor / representative of the Contractor to rectify the same. If the deficiency (ies)
still persists even after repeated advice / information, the Contractor will be issued
show-cause notice, setting out the deficiency(ies) observed, to give the Contractor an
opportunity to make a representation within 7 (seven) days from the date of receipt of
such notice. If any such representation is made by the Contractor, GAIL shall take
cognizance of the same before taking a final decision to impose penalty (ies) in respect
of deficiency (ies). The decision of the EIC with regard to any deficiency in service and
penalty (ies) for such deficiency(ies) shall be final and binding on the contractor(s).

a) It is recognized that there may be deficiencies in the performance by the Contractor

with regards to one or more of the services required to be performed under the Scope
of Work. With a view to discourage deficiency (ies) in the performance of any
service(s) by the Contractor, it is agreed that for each Deficiency as determined by EIC/
GAIL in any service(s) to be performed by the Contractor, GAIL shall be entitled to
levy a token penalty, if not specified elsewhere, of Rs. 1,000/- (Rupees One Thousand
only) per day per deficiency.

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 b) The Contractor shall maintain all the Reports, Returns, Forms, proforma(s) and other
prescribed documents under the applicable Labour Legislations (including those
mentioned above) and GAIL shall have the right to satisfy itself in this regard at any
point of time. Each deficiency by the Contractor shall entitle the GAIL to levy a token
penalty on the Contractor by deduction in the invoice(s) of the Contractor or from the
Security Deposit @ Rs. 1,000/- per instance.

c) List of deficiencies and penalties thereof:

Table 4: List of deficiencies and penalties thereof

Sl. No. Nature of Deficiency in services Rate of Penalty (Rs.)

Non deployment /short deployment of
1 Rs 1,000/- per resource per instance
resource(s)
Complaints of mis-behaviour or negligence on
2 Rs. 1,000/- per instance
the part of the resource
Non-wearing of uniform / wearing untidy
3 Rs.100.00 per day per resource
uniform by the resource on duty.
Non-submission of running / final bill beyond 30
Rs. 1,000/- per instance and
4 days of stipulated time for the applicable date of
Rs.100/- per day beyond that.
bill submission
Damages / losses arising out of theft, breakage,
accident of vehicle, pilferage of any office As deemed fit by the EIC
5 furniture, equipment, fittings, and fixtures as may considering the prevailing market
be caused directly or indirectly by the resources cost.
engaged / work carried out by them.
Repetitive violation of safety rules & regulations
Punitive fines as per GAIL policy
during execution of jobs shall attract punitive
as per severity of violation of
fines. Objective of punitive fines is to work as
6 safety. However, minimum fine
deterrent for contractors in violation of safety
would be Rs.10,000/- and in
rules & regulation and to improve safety
multiple of Rs.10,000/- thereafter.
atmosphere in general at all site.
Any other deficiency (ies) in service as defined in As per rate defined for each
scope of work. instance of deficiency.

However, the total amount deducted towards deficiencies under the contract shall not
exceed 5 % of the total contract value.

d) In case, the deficiency continues for such period or in such manner as determined by
GAIL that affects the services as mentioned in the Scope of Work, the EIC may, on
expiry of notice period, rectify / re-execute the service as the case may be at the risk
and cost of the Contractor or may terminate the contract due to non-performance.

The decision of the EIC, as to any issue arising under this clause, shall be final and
conclusive without prejudice to its the right to terminate the Contract thereof /
terminate the service(s) on the basis of repeated occurrence of identified
deficiency(ies) / instance of persisting poor performance.

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 In the event of such termination of services / contract, GAIL reserves the right to get
such service(s) performed at the risks and costs of the Contractor for a period equivalent
to the unexpired period of the Contract thereof.

9. Performance :
Performance of the Contractor shall be dealt as per Clause No. 2.14 of General
Conditions of Contract (GCC).

10. Documents for technical bid qualification

a) PF Registration Certificate
b) ESIC Registration Certificate, if the ‘Location(s)’ of ‘Service’ as defined in the
Scope of work falls under the ESI implemented area.

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 Annexure-II
STANDARD CONDITIONS OF SCC: PART II
Compliances under various Labour Laws

The Contractor has to fully comply with all applicable Labour Laws and Regulations passed,
modified and notified from time to time by the Central, State and Local Government
agencies/authorities. Specific attention of the Contractor is drawn to the following obligations
amongst others:

1. The Minimum Wages Act, 1948, Payment of Wages Act, 1936 and Payment of
Bonus Act 1965 or The Code on Wages, 2019 (after it comes into force)

1.1. Minimum Wages:

a. During the tenure of the contract, the Contractor must ensure the payment of minimum
wages, as notified by the Central Government or State Government whichever is higher,
as per the provisions of the Minimum Wages Act, 1948 / Code on Wages, 2019 (after
it comes into force).

b. Wage period and monthly wages: Wage period shall be monthly and wages for a
month shall be calculated by multiplying daily rate of Minimum Wages by 26. The
monthly wages include the wages of the weekly days of rest as applicable to the
office/establishment of GAIL. Deduction in case of any days of absence other than
weekly days of rest shall be calculated using the following formula:

Deduction for absence = days of absence x (monthly wages / number of days in the
relevant month)

However, in case the resource has worked for less than 7 working days in a particular
month, the payment of wages is to be made as per the actual number of days worked
based on notified wage rate per day.

Illustration I (05 days per week working pattern): Not applicable

Sl. Month Nos. of Nos. of Nos. of Nos. of Daily Monthly Deduction Wage to
No. days in weekly days days wage as wage paid
the off absence present notified
month
1 Feb. 28 8 2 18 603 15678 1119.86 14558.14
2 March 31 10 5 16 603 15678 2528.71 13149.29
3 April 30 8 10 12 603 15678 5226 10452.00
4 May 31 10 - 4 603 2412 0 2412.00

Illustration II (06 days per week working pattern): To be considered

Sl. Month Nos. Nos. of Nos. of Nos. of Daily Monthly Deduction Wage to
No. of weekly days days wage as wage paid
days off absence present notified
in the
month
1 Feb. 28 4 2 22 603 15678 1119.86 14558.14
2 March 31 5 5 21 603 15678 2528.71 13149.29
3 April 30 4 10 16 603 15678 5226 10452.00
4 May 31 5 - 4 603 2412 0 2412.00

Page 14 of 28
1.2. Payment of Wages:
The Contractor shall disburse monthly wages through e-banking / digital mode
through cashless transaction only, and avoid illegitimate deductions and maintain
records /returns as prescribed. The Contractor shall be solely responsible for the
payment of wages and other dues to the resources, if any, deployed by him latest by 7th
day of the subsequent month as per the provisions of the Payment of Wages Act, 1936
/ as applicable under Code on Wages, 2019 (after it comes into force) in the presence
of Engineer In-charge (EIC) or authorized representative of GAIL. After disbursement
of wages, the representative of the Contractor and EIC/ authorised representative of
GAIL have to certify the payment of wages to the resources and sign the Wage Register
- Form B (under The Ease of Compliance to Maintain Registers under various Labour
Laws Rules, 2017) / FORM-I of Code on Wages, 2019 (after it comes into force) with
specific seal detailing name/designation/Company.

1.3. Payment of Bonus:

Contractor shall ensure payment of bonus as per the provisions of the Payment of Bonus
Act, 1965 / Code on Wages, 2019 (after it comes into force). Present minimum rate of
payment of Bonus as per the Payment of Bonus Act, 1965 is 8.33% of minimum wages
per month or 8.33% of Rs.7,000/- per month whichever is higher. The rate shall be
subject to amendments made from time to time to the legislation.

Payment of Bonus / ex-gratia (if Bonus is not applicable) shall be made preferably
before Deepawali festival falling after the end of relevant financial year(s) and the
balance payment at the time of closure of contract.

The amount towards the payment of bonus/ex-gratia shall be released / reimbursed to

the contractor, after submission of proof of payment.

2. Leaves/ Leave with wages/ Holiday:

The Contractor shall comply with all the applicable leave Rules including leave with
wages in terms of applicable Labour legislations i.e. Factories Act, 1948 / Shops &
Establishment Act / Industrial Establishment (national & festival
holidays, casual & sick leave) Act, 1965.

The Contractor shall extend the leave with wages and maintain the Register of Leave
pertaining to the resource deployed. The payment towards un-availed leave, as per the
Factories Act, 1948 / Shops & Establishment Act, shall be settled with the resource at
the time of closure of the contract or separation of resource from the contract by the
contractor.

i. As per the Factories Act, 1948 (if applicable):-Annual Leave with Wages @ 01 day
for every 20 days of work performed by him in the previous calendar year becomes
due.

ii. As per the Shops & Establishment Act (if applicable) : Privilege Leave not less than
15 days and Sickness/Casual Leave not less than 12 days ( this provision may vary from
state to state).

Page 15 of 28
 iii. As per the Industrial Establishment (national & festival holidays, casual & sick
leave) Act, 1965 (if applicable): (a) three national holidays of one whole day each on
the 26th January, 15th August and 2nd October (b) five other holidays on any of the
festivals specified in the - Schedule appended to this Act. (c) Every worker shall in each
calendar year, be allowed by the employer 07 casual leave and 14 sick leave in such
manner and on such conditions as may be prescribed (This provision may vary from
state to state).

3. The Employees’ Provident Fund & Miscellaneous Provisions Act 1952

a) The Contractor shall have independent PF code no. with the RPFC as required under
the Employees’ PF & Misc. Provisions Act, 1952.

b) The Contractor has to ensure compliance (as per prevailing rates) and extend benefits
under the Employees’ Provident Fund Scheme 1952, the Employees’ Pension Scheme
1995 & the Employees’ Deposit Linked Insurance Scheme, 1976 to the resources
deployed by him.

c) The Contractor is required to submit copies of separate e-Challans / ECR along with
proof of payment/receipt in respect of resources engaged through this contract only, on
monthly basis. Common challans would not be acceptable in GAIL. The Contractor
should submit copies of previous months EPF e-Challans / ECR along with current
month’s bill. The TRRN. No. of the ECR would be verified online from EPFO portal
by the Engineer-in-charge to confirm the status of payment and names of the resources
deployed.

d) PF is mandatory irrespective of the number of resources deployed by the

Contractor under this contract. PF membership and deposit of PF contribution is also
mandatory even if the wage payment to the resource is exceeding the prescribed
monthly wage ceiling ( i.e. Rs. 15,000/-) under the Employees’ PF & Misc. Provisions
Act, 1952 and in such case the liability of the Contractor towards PF contribution shall
be limited to the prescribed monthly wage ceiling notified from time to time ( i.e. Rs.
15,000/- currently).

e) In case, the Contractor deploys any “International Worker”, the Contractor should
also make compliance under para 83 of EPF Scheme, 1952 i.r.o the “International
Workers” and must register on the International Worker Portal of EPFO.

4. The Employees’ State Insurance Act, 1948 (If applicable and as per prevailing
rates)

a) The Contractor shall have his own ESI code No. allotted by Employees’ State Insurance
Corporation (ESIC) as required under the Employees’ State Insurance Act, 1948.

b) The Contractor has to arrange Smart Cards (i.e. ESI Identity Card) /e-Pehchan Card
for the resource(s) engaged by him from the Corporation.

Page 16 of 28
5. The Employees’ Compensation Act 1923 (wherever applicable)
In case, the work place is out of the notified coverage area under ESIC i.e. ESIC is not
implemented in the area or in case of excluded employees under ESIC, the Contractor
is required to take Employee Compensation / Workmen Compensation Policy from
IRDAI approved Insurance Company taking into consideration the maximum
compensation liability as per provisions of Employees’ Compensation Act, 1923. It
must be ensured that the contractor/contracting firm should extend coverage to the
contract workers through Employee Compensation Policy, to meet the Compensation
Liability under Employee’s Compensation Act, 1923 along with Medi-claim Policy
within the overall premium @ 3.25 % of Minimum wages (i.e. employer contribution
towards ESI).

6. Group Personal Accident Insurance Policy

The Contractor is required to take a Group Personal Accident Insurance Policy with
coverage of Rs. 3 Lakhs per resource for the entire period of contract covering all
resources deployed under the contract.

7. The Payment of Gratuity Act, 1972

In case of Death or permanent disablement of a resource during execution of work under
the contract, the Contractor has to pay the Gratuity as per the provision under the
Payment of Gratuity Act, 1972 to the nominee(s) of the resource as per the details
maintained in the duly signed Nomination Form maintained by the Contractor. The
proof of disbursement may be submitted to the EIC for claiming reimbursement of
amount paid towards death Gratuity from GAIL.

8. The Contract Labour(R&A) Act, 1970

a) The Contractor is required to obtain Labour license under the provisions of the Contract
Labour(R&A) Act, 1970 from the office of Licensing Officer, Central Labour
Authority, Ministry of Labour and Employment, Govt. of India having jurisdiction of
the Region.

b) The Contractor shall discharge obligations as provided under the Contract

Labour(R&A) Act, 1970 rules and regulations framed under the same and enforced
from time to time.

c) The Contractor shall ensure regular and effective supervision and control over the
resources deployed for which a supervisor / representative of the Contractor should be
available at all the times for giving suitable direction for undertaking the Contractual
Obligations.

d) The Contractor is solely responsible for payment of wages to each resource deployed
by him and such wages shall be paid before the expiry of such period as may be
prescribed.

e) It shall be the duty of the Contractor to ensure the disbursement of wages to resource(s)
through e-banking/digital mode. In case the resource does not have a bank account, the
disbursement of wages may be made in cash in the presence of the Engineer-in-charge
/ authorized representative of GAIL initially and Contractor shall simultaneously
arrange for opening the bank account of each contract Labour deployed by him.

Page 17 of 28
f) In case, the Contractor fails to make payment of wages and deposit of PF contribution
within the prescribed period or makes short payment of wages / short deposit of PF
contribution, then GAIL, as Principal Employer, will make payment of wages in full or
the unpaid balance due, as the case may be, to the resource(s) deployed by the
Contractor and deposit the PF contribution with PF authorities. Such amounts will be
recovered from the Contractor either by deduction from any amount payable to the
Contractor under any contract or as a debt payable by the Contractor.

9. The contractor is required to comply with all applicable Labour laws and regulations
including, but not limited to the following:

a) The Factories Act, 1948 / The Shops & Establishment Act, 1948 (which ever
applicable)
b) The Maternity Benefit Act, 1961
c) The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act 1979 & Building and Other Construction Workers
Welfare Cess Act, 1996
d) The Inter State Migrant Workmen (RECS) Act 1979 (if applicable)
e) Contract Labour(R&A) Act-1970
f) Employees’ Provident Fund & Misc. Provisions Act- 1952
g) Employees’ State Insurance Act-1948
h) Employees’ Compensation Act, 1923
i) Payment of Gratuity Act, 1972
j) Minimum of Wages Act,1948
k) The Payment of Wages Act,1936
l) The Payment of Bonus Act,1965

Page 18 of 28
 Annexure- III
STANDARD CONDITIONS OF SCC: PART III
Responsibilities of the Contractor

1. The Contractor shall be solely responsible and indemnify GAIL against all charges,
dues, claim etc. arising out of the disputes relating to the dues and employment of
resources, if any, deployed by him.

2. The Contractor shall indemnify GAIL against all losses or damages, if any, caused to it
on account of acts of the resource(s) deployed by him.

3. The Contractor shall indemnify GAIL from all claims, demands, actions, cost and
charges etc. brought by any court, competent authority / statutory authorities against
GAIL.

4. The Contractor shall also indemnify GAIL for any action brought against him for
violation, non-compliance of any act, rules & regulation of center / state / local statutory
authorities.

5. All resources deployed by the Contractor are deemed to be on the rolls of the
Contractor.

6. Age: No resource below the age of 18 years and above age of 58 years shall be
deployed by the contractor for the execution of the contract.

7. Appointment/Nomination of supervisor: As a part of the contract, the Contractor is

required to appoint/nominate a supervisor (s) who will supervise, control and give
directions to the resource(s) for discharging the contractual obligations. Accordingly,
the Contractor has to give in writing the name and contact details of the supervisor (s)
to the EIC. A copy of the same is also to be sent to HR In-charge and Security In-charge
for records.

8. A copy of the Letter of Acceptance (LOA) should be submitted to the Security

Department by the Contractor / his representative or supervisor for facilitating the
movement of resource(s) including machine & materials involved in the contract.

9. The resources to be deputed/ deployed by the Contractor shall observe all security, fire
and safety rules of GAIL while at the site/work. All existing and amended safety / fire
rules of GAIL are to be followed at the work site by the Contractor and his deployed
resource(s).

10. Personal Protective Equipment / Safety Kit and Liveries: Contractor shall ensure
adequate supply of personal protective equipment / Safety Kit and Liveries as
mentioned in the Scope of Work to all such resources deployed.

11. In case of accident, injury or death caused to the resource(s) while executing the Work
under the contract, the Contractor shall be solely responsible for payment of adequate
compensation, insurance money etc. to the next kith & kin of injured / diseased.
Contractor shall indemnify GAIL from such liabilities.

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12. The Contractor shall not deploy any resource suffering from any contagious or
infectious disease. The Contractor shall get the deployed resource(s) examined from a
civil Govt. Doctor / GAIL’s Doctor.

13. No resource(s) or representatives of Contractor (including Contractor) are allowed to

consume alcoholic drinks or any narcotics within the premises of GAIL (including
Plant, Office and Residential etc.). If found under the influence of above, the Contractor
shall immediately replace that resource(s) with intimation to the EIC.

14. While engaging / deploying the resources, the Contractor is required to make efforts to
provide opportunity of employment to resources belonging to Schedule Caste,
Schedule Tribe and Other Backward Class in order to have a fair representation of
these sections of the society.

15. While engaging the resources, the Contractor is required to make efforts to provide an
opportunity to candidates with experience of apprentice training in GAIL under the
provisions of the Apprentices Act, 1961.

16. The Contractor is required to maintain all Registers and other records in an office within
the premises of GAIL or at a place within a radius of three kilometers.

17. Contractor shall provide proper Employment cards (FORM XII) for the resource to
be deployed by him, duly signed by the Contractor or authorized person on behalf of
Contractor.

18. Gate/ Entry Pass or Authorization: Entry to the premises of GAIL is restricted and
is subject to appropriate entry authorization in the prescribed format of a Gate Pass or
any other entry authorization w.r.t police verification as per instruction of Security
department from time to time. Similarly, entry for material/ equipment’s/ tools/ tackles
etc. is restricted & subject to entry authorization by security department.

19. The Contractor shall issue Identity cards in his firm’s name to the resource deployed.

20. Discipline of the resource(s) during discharge of duties must be regulated by the
Contractor himself or by his representative.

21. Police verification

a) The Contractor (including his sub-Contractors/Petty Contractors etc, if allowed) will
undertake police verification in respect of the resource(s) engaged by him in GAIL’s
premises. Such verification will have to be carried out from concerned police station of
their permanent place of residence/present place of residence.

b) Further, the Contractor is advised not to deploy any resource having past criminal
record in the establishment/premises of GAIL under this contract awarded to him.

c) In the event of violation of above clauses at (a) and (b), the Contractor will be solely
responsible for the same.

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d) If any such resource(s) having criminal record is deployed by the Contractor in the
premises of GAIL and has come to the notice of GAIL at any point of time, the
Contractor shall immediately replace that resource(s), failing which that particular
resource(s) of the Contractor will not be allowed to enter into the premises of GAIL.

22. While confirming to any of these conditions, the Contractor must ensure that all
applicable Laws of State regarding labour, their welfare, conduct etc. are complied.

Page 21 of 28
 Annexure- IV
STANDARD CONDITIONS OF SCC: PART IV
Compliance of Government of India Directives

1. Pradhan Mantri Suraksha Bima Yojna (PMSBY) and Pradhan Mantri Jeevan
Jyoti Bima Yojna (PMJJBY)

Contractor shall, ensure that all its resources deployed under this contract have obtained
additional insurance coverage under the Pradhan Mantri Suraksha Bima Yojana
(PMSBY) and Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) through the
participating banks and submit the proof of such insurance coverage to the satisfaction
of GAIL. The cost has been included in the estimate mentioned in SOR and the
Contractor shall submit evidence / proof to GAIL in this respect. Both the schemes are
to be regulated continuously on yearly basis and the same should be renewed on each
successive relevant date in subsequent years during the period of the contract.

2. LabourIdentification Number (i.e. LIN) Registration (Mandatory)

The Unified Shram Suvidha Protal, developed by Government of India, facilitates

reporting of Inspections & submission of Returns and has also been envisaged as a
single point of contact between employer, resources and enforcement agencies bringing
in transparency in their day-to-day interactions. For integration of data among various
enforcement Agencies, the Contractor, as an inspectable unit, is required to register and
obtain LabourIdentification Number (i.e. LIN) from Shram Suvidha Portal and submit
the same in GAIL.

3. Pradhan Mantri Rojgar Protsahan Yojna (PMRPY) – if applicable

In order to support the Govt. of India’s Initiative on Employment Generation, the

Contractor must register for Pradhan Mantri Rojgar Protsahan Yojna (PMRPY)
Scheme. The Contractor shall inform GAIL/Engineer in Charge about the benefit
availed, if any, against the scheme for adjustment against the invoice(s) / bill(s).

Page 22 of 28
 Annexure-V
STANDARD CONDITIONS OF SCC: PART V
Records and Registers

1. Maintenance of records and registers

The Contractor is required to maintain statutory records and registers for applicable
Labour laws as prescribed under the following rules:

a) Ease of Compliance to Maintain Registers under the various Labour Laws, 2017
b) Rationalization of Forms and Reports under Certain Labour Laws Rules, 2017
c) Labour Codes (after they are made effective by Government of India)

2. The Contractor has to maintain the following (but not limited to) Registers/ Forms/
Reports / Returns at all times:

a) Employee Register in FORM A ( to be replaced by FORM – IV of Code on

Wages-2019 after it comes into force)
b) Wage Register in FORM B ( to be replaced by Register of Wages, Overtime,
Fine, Deduction for damage and Loss in FORM – I of Code on Wages-2019
after it comes into force)
c) Register of Loan / Recoveries in FORM C
d) Attendance Register in FORM D
e) Register of rest/leave/leave wages in FORM E
f) Copies of Wage Slips in FORM XIX ( to be replaced by FORM – V of Code on
Wages-2019, after it comes into force)
g) Copies of Employment Card in FORM XII

3. Documents to be submitted by the Contractor to EIC at various stages during the

currency of the contract

a) Immediately after issuance/receiving of Letter of Acceptance (LOA)

i. Details as required for issuance of FORM - VII (Notice of
Commencement of Work)
ii. Application for issuance of FORM –III (Form of Certificate by
Principal Employer ) for obtaining Labour License from Licensing
Authority for engaging 20 or more resources.
iii. Copy of FORM - VI (License) before commencement of work if 20 or
more resources are engaged.
iv. Copy of Provident Fund Registration Certificate issued by concerned
Regional Provident Fund Commissioner.
v. Copy of ESI Registration Certificate issued by concerned ESIC.
vi. Copies Insurance Policy(ies) as mentioned at Annexure-iv
vii. Copy of Labour Identification Number (i.e. LIN) Registration done
in Shram Suvidha Portal of Govt. of India.

Page 23 of 28
 b) At the time of submission of monthly bills
i. Copy of Employee Register in FORM – A under The Ease of
Compliance to Maintain Registers under various Labour Laws Rules,
2017 (to be replaced by FORM – IV (of Code on Wages-2019, after it
comes into force).
ii. Copy of Wage Register in FORM – B under The Ease of Compliance
to Maintain Registers under various Labour Laws Rules, 2017 ( to be
replaced by Register of Wages, Overtime, Fine, Deduction for damage
and Loss in FORM – I of Code on Wages-2019, after it comes into force)
duly certified by authorized representative of the Contractor and
authorised person in GAIL certifying as “Certified that the amount
shown in the column No. ---- has been paid to the workman concerned
in my presence on------(date) at -------(place)” along with copy of bank
statement duly certified by bank as proof of Cashless Transaction /
Payment of wages through e-banking/digital mode.
iii. As a part of compliance and proof of depositing Provident Fund, EDLI
and ESI contributions the Contractor shall submit copies of the Separate
e-Challans / ECR, bank receipts/bank statement in respect of resources
deployed in GAIL in the previous month in this contract. The documents
should also contain details of resources, PF account No., ESI No.,
contributions of resources and employer etc.
iv. Dully filled in details as per Annexure- i.
v. Copy of Wage Slips in FORM XIX

c) At the time of closure of contract

i. Indemnity Bond of Rs. 100/- duly notarized from Notary indemnifying
GAIL from all liabilities w.r.t. the resource engaged by the Contractor
regarding payment of wages, Provident Fund/ESI contributions,
Insurance and other statutory payments. Format for Indemnity Bond is
enclosed at Annexure- ii.
ii. Copy of the Wage Register in FORM – B ( to be replaced by FORM-I
of Code on Wages-2019 after it comes into force) for the last month.
iii. Copies of Service Certificates issue to resource in FORM VIII
iv. Copy of the ECR related to EPF and ESIC Compliance in respect of
Resource.
v. Details as required for issuance of FORM - VII (Notice of Completion
of Work)
vi. Copies of FORM-C & FORM –D under the Payment of Bonus Act 1965
as proof of payment towards Bonus.
vii. Copy of proof towards release of Leave Encashment
viii. Copies of No Dues Certificate from contract workers stating they have
received all statutory payments and social benefits.

4. Verifications of bills and documents submitted by the Contractor

Before certifying/verifying the running/ final bill/invoice of the Contractor, the
designated EIC of the respective contract of GAIL, shall verify from the ECRs of
PF/ESI, through respective web portals, the detail/status of the payment made by the
Contractor. In case the information furnished by the Contractor is found to be incorrect,
GAIL shall take appropriate action against the Contractor under relevant conditions as
available in the tender document.

Page 24 of 28
 Annexure-i
Details in support of RA Bill for the Month of _____, 20__

(1) Name of the Firm/Agency/Contractor:______________________________________

(2) Nature of Contract: Job/ Service___________________________________________
(3) Period of Contract: From _______to __________
(4) Extension Period of Contract, if any from _________to __________
(5) Place where contract workmen are working ____________________
(6) Postal address of the Contractor: _______________________________________
(7) Phone No. of the Contractor: _____________________________________________
(8) Fax No. and Email of the Contractor: _______________________________________
(9) Name and Address of PF office from where EPF Code No. has been allotted:________
(10) EPF Code No. allotted by PF office: _______________________________________
(11) Name and Address of ESIC office from where ESI Code No. has been allotted:______
(12) ESI Code No. allotted by ESIC office:_______________________________________
(13) Labour License No. _______________ dated ________________
(14) Validity period of Labour License from __________to ______________
(15) Detail of Resource engaged by the Contractor:

No. of Resources Prevailing Minimum

Category
Male Female Wages
Unskilled
Semi-skilled
Skilled
Highly skilled
Total

(16) Copy of Wage Register in FORM – B ( to be replaced by FORM-I as per Code on

Wages-2019, after it comes into force)
(17) Details of deposit of contribution towards EPF:
(18) EPF Challan No. _______________Amount ________________ Date____________
(19) Details of Deposition of contribution towards ESI
(20) ESI Challan No. ____________Amount _____________ Date ______________
(21) Whether any arrangement / agreement has been entered with any resource for extending
benefits under Inter-state Migrant Workmen (RE&CS) Act, 1979: ____ (Yes / No)
(22) If Yes, No. of such Inter-state Migrant Workers: ______________

SIGNATURE OF CONTRACTOR/AUTHORIZED REPRESENTATIVE

Place:
Date:

Page 25 of 28
 Annexure-ii
INDEMNITY BOND

WHEREAS GAIL(India) Limited (hereinafter referred to as GAIL) which expression shall,

unless repugnant to the context include their legal representatives, successors and assigns,
having their Registered Office at 16, Bhikaiji, Cama Place, R.K. Puram, New Delhi has entered
into a CONTRACT with <name of the Contractor> Incorporated (hereinafter referred to as
the (‘CONTRACTOR’) which expression shall unless repugnant to the context include their
legal representatives, successors and assigns, having their Registered Office ---------------------
----------- for Rs. ------------for <NAME OF THE CONTRACT> ---- for a period of-----------
-----” and on the terms and conditions as set out, inter-alia in the Letter of Acceptance No. ----
----------------------------and various documents forming part thereof hereinafter collectively
referred to as the ‘CONTRACT’ which expression shall include all amendments, modifications
and / or variations thereto.

GAIL has also requested the CONTRACTOR to execute an Indemnity Bond in favour of GAIL
indemnifying it from all consequences which may arise out of any Case filed by any Resources/
vendors/ sub- Contractors /partner etc. who may have been engaged by the CONTRACTOR
directly or indirectly with or without consent of GAIL for above works , which may be pending
before any court of Law including Quasi-Judicial Authority , Competent Authority, Labour
Court , Arbitrator , Tribunal etc. and the Contractor has readily agreed for the same.

NOW, THEREFORE, in consideration of the promises aforesaid; the CONTRACTOR hereby

irrevocably and unconditionally undertakes to indemnify and keep indemnified GAIL from any
loss, which may arise out of any such contract/Case. The CONTRACTOR undertakes to
compensate to GAIL forthwith, on demand, without protest the loss suffered by GAIL together
direct / indirect expenses.

AND THE CONTRACTOR hereby agrees with GAIL that:

(i) This Indemnity Bond shall remain valid and irrevocable for all claims of GAIL arising
from any such contract/case for which GAIL has been made party until now or here-in-
after.

(ii) This Indemnity Bond shall not be discharged / revoked by any change / modification /
amendment / deletion in the constitution of the firm / Contractor or any conditions
thereof including insolvency etc. of the CONTRACTOR but shall be in all respects and
for all purposes binding and operative until any claims for payment are settled by the
Contractor.

The undersigned has full power to execute this Indemnity Bond on behalf of the
CONTRACTOR and the same stands valid.

SIGNATURE OF CONTRACTOR/AUTHORIZED REPRESENTATIVE

Place:
Date:

Page 26 of 28
 Annexure- iii
UNDERTAKING
(To be submitted along with un-priced bid)

I/We hereby undertake that I/We have completely understood the terms & conditions of the
Tender including minimum resources required to be deployed and the cost involved thereof
in deployment of resources.

I/We further undertake to ensure all compliances of the tender conditions. Any non-
compliance may be construed as deficiency in the performance of the contract. If such non-
compliance is noticed GAIL/owner is at liberty to take action in line with the tender
conditions including termination of the contract.

Signature of Bidder…………………….
Name of Bidder……………………

Page 27 of 28
 Annexure - iv
Summary of Insurance Policies

Contractor is required to cover all resources deployed by him with the following insurances /
schemes:

Sl. SCHEME APPLICABILITY PREMIUM/ SUM REMARKS

No. CONTRIBUTION ASSURED/
BENEFITS
1 The Applicable to all 3.25% of wages by Benefits under
Employees’ resources of the employer the Employees’
State Contractor (within ESI 0.75% of wages by State Insurance
Insurance Act, wage limit) working in employees Act, 1948.
1948 notified area.
2 The Applicable to excluded Premium to be Maximum Provides
Employees’ employees under ESI calculated Compensation compensation
Compensation and those who are considering wage Liability under and medical
Act, 1923 (in working in non- limit under EC Act, Employee’s facility to
lieu of ESI – notified area to extend 1923 (i.e. Rs. Compensation resources.
mentioned at similar benefits as 15,000/- p.m Act, 1923 along
Sl. 1) available under ESI currently) with a
Act, 1948 Mediclaim
policy within
overall premium
@ 3.25 % of
Minimum wages
(i.e. employer
contribution
towards ESI)
3 Group Applicable to all Based on the Insured value: Death, permanent
personal resources of the coverage Rs. 3 Lakh to disablement,
Accident Contractor cover expenses temporary total
Insurance associated with disability or any
any accident. other medical
expenses related
to accident.
4 Pradhan Matri Eligibility – age group Rs. 12/- per annum Accidental death and permanent
Suraksha 18 to 70 years disability: (i) Permanent total
Bima Yojana disability – Rs. 2 lakhs. (ii) Permanent
(PMSBY) partial disability – Rs. 1 Lakh.
5 Pradhan Eligibility – age group Rs. 330/- per Risk coverage – Rs. 2 Lakhs- in case
Mantri Jeevan 18 to 50 years. (can annum. of death due to any reason
Jyoti Bima continue upto 55 years)
Yojana
(PMJJB)

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