PRELIMINARY SPECIFICATION•

A.—PREFACE.
1. Intent and reference to Madras Detailed Standard Specifications.—It
is intended by these Madras Detailed Standard Specifications to describe
(a) the character of the materials to be used;
(b) the method of execution of work; and
(c) the contractor's responsibilities and liabilities to the public, Govern-
ment, and his workmen and general contract conditions which are to be accepted
by every contractor who executes work entrusted to him by the Public Works
Department of Madras.
Wherever the term " Standard SpeL^'lfication " or the abbreviation " M.D.
S.S." is used in estimates or contract documents, it shall refer to the relevant
specification in the Madras Detailed Standard Specification book and its
addenda volume.
2. Applicability of the Madras Detailed Standard Specifications.—It shall
be unnecessary to include in any contract documents a specification for any item
of work which is defined in the tender notice or in the contract schedule of work
to be done, by a standard specification number. The fact that the item is defined
as standard specification shall mean that the contractor is to execute the work
according to such standard specification, modified as may be necessary by an
addendum specification for that particular item of work.
THIS PRELIMINARY SPECIFICATION SHALL APPLY TO ALL AGREEMENTS ENTERED
INTO BY CONTRACTORS WITH THE PUBLIC WORKS DEPARTMENT, and shall form an
inseparable condition of contract, and it shall not be necessary to append a copy
of the same to the agreement.
3. Contractor to sign in the Divisional (or the Subdivisional) copy of the
M.D.S.S.—Every contractor who executes work for the Public Works Depart-
ment shall carefully study the standard specification for all items of work which
are included in the schedule for work to be done as standard specifications and
his obligations under the " Preliminary Specification " which apply to all
agreements, and he shall sign in the Divisional office copy of the M.D.S.S.
(or the Subdivisional copy if so arranged by the Executive Engineer) as evi-
dence that he understands clearly the conditions of contract governing his
agreement and accepts the same.
It shall not be necessary for the contractor to sign the Divisional office copy
of the M D.S.S. for every contract awarded to him, but his signature therein
will be evidence that he accepts the conditions of contract (which includes the
standard specifications)—as detailed in the M.D.S.S., for every contract into
which he enters. It shall also be the contractor's responsibility by frequent,
perusal of the Divisional office (or the Subdivisional office) copy, to become con-
versant with sanctioned alterations or additions made to the M.D.S.S. as soon
as they are made. A separate volume of addenda to the M.D.S.S. will be
maintained in each Division (or Subdivision office as the case may be) in which
will be entered all sanctioned corrections and additions. This must also be
studied and signed by every contractor before executing an agreement. Inter-
leaving Correction slips will not be made for this purpose. The contractor
should purchase a book of the M.D.S.S. for his reference while executing
work.
4. Term "Specification" apart from " Standard Specification ".-
Wherever the term " Specification " is used in contract documents apart from
" Standard Specification," it shall mean the specification or plan prepared for
the particular item referred to in the document, for the instruction of the con-
tractor in executing that item of work.
 5. Sub-specifications. —Works of a similar nature having many common
clauses in their specifications are grouped under one specification number with
a " General " preface thereto, and the sub-specifications are therefore given
an alphabetical affix.
6. Additions and alterations to the M.D.S.S.— Additions and alterations
to the M.D.S.S. will be incorporated in the addenda volume as authorized by
the Chief Engineer.
7. Powers of Superintending Engineers and Executive Engineers to supple-
ment or alter the M.D.S.S.—Superintending and Executive Engineers may alter
the standard specifications for any particular contract, which is within their
respective powers of sanction—, when such alteration is found necessary,—by
attachment of a correction sheet to the contract form, bearing the standard
specification number, the corrections, and the signature of the Superintending
or the Executive Engineer as the case i y be, together with the signature of
the contractor. Similarly additional specifications for items for which there
are no standard specifications will be made by attachment to the contract docu-
ments of addendum specification sheets bearing the signature of the Superin-
tending or the Executive Engineer as the case may be and the signature of the
contractor.
8. Definition of terms.— Wherever the words defined in this clause or pro-
nouns used in their stead occur in contract documents (which includes the
M.D. S. S.), they shall have the meanings here given:—
(a) Executive Engineer.— Wherever the term Executive Engineer is
used, it shall be understood to refer to the Executive Engineer in charge of the
concerned work under execution or such other departmental assistants or
subordinates to whom the Executive Engineer may have delegated certain duties,
acting severally within the scope of the particular duty entrusted to them.
(b) No delegation by Executive Engineer, Superintending Engineer or
higher authority, which affects agreement. —It is, however, to be distinctly
understood that the Executive Engineer or the Superintending Engineer or the
higher authority who is vested with the powers of acceptance of the particular
agreement under reference will make no delegation of powers to such assistants
or subordinates which in any way affects the agreement and its contract condi-
tions when such agreement is to be or has been accepted by the Executive Engi-
neer or by the other higher authority respectively. The duties of such assistants
or subordinates will be solely duties of supervision to ensure compliance with
contract conditions.
(c) Contractor.— Wherever the term " Contractor " is used, it shall be
understood to refer to the particular person, firm or corporation with whom an
agreement has been made by the Executive Engineer or higher authority as the
case may be, for executing work defined in the concerned agreement, and for
purposes of instructions regarding compliance with contract conditions, it shall
include the contractor's authorized agent, who is maintained on the work by
the contractor. When two or more contractors are engaged on installation or
construction work in the same vicinity, the Executive Engineer shall be author-
ized to direct the manner in which each shall conduct the work so far as it
affects other contractors.
9. Evidence of experience.— Tenderers shall, if required, present satis-
factory evidence to the Executive Engineer that they have been regularly en-
gaged in constructing such works as they propose to execute and that they are
fully prepared with the necessary capital, machinery and materials to begin.
the work promptly and to conduct it as required by the M.D.S.S. and the other
specifications for the particular work tendered for, in the event of their tender
being accepted.
10. Legal address—Notices.—Tenderers should give in their tender, their
place of residence and postal address. The delivering at the abovenamed place
or posting in a post box regularly maintained by the Post Office Department
or sending by letter registered for acknowledgment of any notice, letter, or
other communication to the contractor shall be deemed sufficient service thereof
 K3
upon the contractor. Such address may be changed at any time by an instru-
ment in writing executed by the contractor, and delivered to the Executive
Engineer.
Nothing contained in the agreement and its contract conditions shall be
deemed to preclude or render inoperative the service of any notice, letter, or
other communication upon the contractor personally.

B.—STATEMENT OF APPROXIMATE QUANTITIES IN

SCHEDULE A.
11. Quantities approximate and contractor to verify the nature and amount
of work.—The quantities mentioned in tender notices and given in agreement
schedule A are worked out from the relevant drawings in a Public Works
Department office and may or may not be the actuals required for execution.
The Executive Engineer does not ej ressly or by implication agree that the
actual amount of work to be done w71. correspond therewith; but reserves the
right to increase or decrease the quantity of any class or portion of the work
as he deems necessary.
Tenderers must satisfy themselves by a personal examination of the site
of the proposed work, by examination of the plans and specifications and by
other means as they prefer as to the accuracy and sufficiency of the statement of
quantities and all conditions affecting the work, and shall not at any time after
the submission of their tender, dispute or complain of such statement of quan-
tities nor assert that there was any misunderstanding in regard to the nature
or amount of the work to be done—nor in consequence apply for extension of
time for completion beyond the agreement date.
12. Approximate not to mean deviation from drawings and speci fica-
tions.—This declaration of the approximate nature of the statement of quan-
tities in schedule A does not, however, in any way imply that the quantities
will be increased for departure by the contractor from strict compliance with
sanctioned drawings and specifications to suit his own convenience or reduce
his costs.
13. To compare tenders.—The quantities in schedule A are given for a
uniform comparison of lump sum tenders.

C.—DRAWINGS AND SPECIFICATIONS.

14. Purpose.—The contract drawings if any read together with the con-
tract specifications are intended to show and explain the manner of executing
the work and to indicate the type and class of material to be used.
15. Conformance.—(a) The works shall be carried out in accordance with
the directions and to the reasonable satisfaction of the Executive Engineer, in
accordance with the drawings and specifications which form part of the con-
tract and in accordance with such further drawings, details and instructions,
supplementing or explaining the same as may from time to time be given by
the Executive Engineer.
(b) If the work shown on any such further drawings or details, or other
work necessary to comply with any such instructions, directions or explana-
tions, be, in the opinion of the contractor, of a nature which the schedule rate
in the contract does not legitimately cover, he shall, before proceeding with
such work, give notice in writing to this effect to the Executive Engineer. In
the event of the Executive Engineer and the contractor. failing to agree as to
whether or not there is any excess rate to be fixed and the Executive Engineer
deciding that the contractor is to carry out the said work, the contractor shall
accordingly do so, and the question whether or not there is any excess, and if
so the amount thereof, shall, failing agreement, be settled by an arbitrator
as provided in the arbitration clause, unless the subject is one which is left to
the sole discretion of the Executive Engineer under the clauses of this prelimi-
nary specification, and the contractor shall be paid accordingly.
IA
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(c) It shall be the responsibility of the contractor to give timely notice

to the Executive Engineer, regarding anything shown on the drawings and
not mentioned in the specifications, or mentioned in the specifications and not
shown on the drawings, or any error or discrepancy in drawings or specifica-
tions and obtain his orders thereon. Figured dimensions are to be taken and
not those obtained from scaling the drawing. In any discrepancy between
drawings and specifications, the latter shall prevail. In any such case or in
case any feature of the work is not fully described and set forth in the draw-
ings and specifications, the contractor shall forthwith apply to the Executive
Engineer for such further instructions, drawings, or specifications as he
requires, it being understood that the subject is to be dealt with under the
building procedure of best modern practice. The Executive Engineer will
furnish the further instructions, drawings, or specifications, if in his opinion,
they are required by competent workmen, for the proper execution of the
work.
16. Variations by way of modifications, omissions or additions.—(a) For
all modifications, omissions from or additions to the drawings and specifica-
tions, the Executive Engineer will issue revised plans, or written instructions,
or both, and no modification, omission or addition shall be made unless so
authorized and directed by the Executive Engineer in writing.
(b) The Executive Engineer shall have the privilege of ordering modifi-
cations, omissions or additions at any time before the completion of the work
and such orders shall not operate to annul those portions of the specifications
with which said changes do not conflict.
17. Copies of drawings and specifications.—One copy of the available
drawings and specifications (apart from the M.D.S.S., a copy of which the
contractor should purchase for his reference) shall be furnished free of cost
to the contractor for his own use. Such copies and copies of supplementary
details furnished by the Executive Engineer shall be kept on the work until
the completion thereof, and the Executive Engineer shall at all times have
access to them.
18. Signed drawings—No authority to the contractor.—No signed draw-
ing shall be taken as in itself an order for variation, unless either it is entered in
the agreement schedule of drawings under proper attestation of the contractor
and the Executive Engineer, or unless it has been sent to the contractor by
the Executive Engineer with a covering letter confirming that the drawing
is an authority for variation for the contract under reference.
19. Finished sizes. —The whole of the specified or figured dimensions or
drawings are to be finished sizes, after dressing or planing or cutting, subject
however to the condition that, unless marked ' nett,' 1/16" will be allowed for
planing for each planed finished surface of wood-work, when the contractor is
permitted to use carefully sawed market size cut scantlings. This allowance
will only be permitted in the case of sections A" thick or over. The figured dimen-
sions of masonry walls and reinforced concrete are exclusive of the thickness
of plaster or skirtings or cement or wall linings, unless otherwise specifically
stated

D.—MATERIALS AND WORKMANSHIP.

20. To be the best quality.—All materials, articles, and workmanship shall
be the best of their respective kinds for the class of work described in the contract
specification and schedule, materials being obtained from sources approved by
the Executive Engineer. The word " best " as used in these specifications shall
mean. that in the opinion of the Executive Engineer; there is no superior quality
of material or finish of article on the market and that there is no better class of
workmanship available for the nature of the particular item described in the
contract schedule. The contractor shall, upon the request of the Executive
Engineer, furnish him with the vouchers to prove that the materials are such as
are specified.
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Samples of materials shall be furnished at the contractor's expense to the

Executive Engineer when called for in the tender notice or ordered to be fur-
nished by the Executive Engineer prior to execution of any work.
21. Conventions for proportions.—Wherever the proportions are written by
figures without further description and where the meaning is otherwise clear as
to which figure is intended to apply to each material, then the usual conventions
will be understood to apply:
For example:
1 : 2 means 1 lime (or cement in accordance with the context) and 2 sand:
1 : 2 : 4 means 1 lime (or cement in accordance with the context), 2 sand,
and 4 broken stone (or other aggregate in accordance with the context).
22. Measurement and mixing.—In the case of loose materials such as
lime, sand, cement, broken stone, surki, mortar, etc., the proportions demanded
by the specifications must be measured in properly constructed measuring boxes,
or in such other manner as shall be instructed by the Executive Engineer.
Measurement is not to be done in loose heaps when intimate mixtures such as
mortar, concrete, etc., are to be formed. The mixing must always be done on
closely constructed platforms so that there will be no leakage of any of the
materials through the floor of the platform and also so that no foreign material
can be incorporated during the mixing. These platforms must be approved by
the Executive Engineer. The cost of such measuring boxes and platforms and
all the work referred to herein shall be borne by the contractor.
23. Data.—The materials and labour utilized in the execution of work by
the contractor shall not be less than that given in the Madras P.W.D. standard
data for the relevant item.
24. Lay-out of material stacks.—The contractor shall deposit materials for
the purpose of the work on such parts only of the ground as may be approved
by the Executive Engineer. He shall submit, for the approval of the Executive
Engineer, before starting work, a detailed site survey clearly indicating posi-
tions and areas where materials shall be stacked and sheds built.
25. Source of purchase of materials and stores.—The Executive Engineer
shall, during the progress of the work, have power to cause the contractor to
purchase and use such materials or supplies from Government brick-fields, stores
or other sources as may be specified in the contract, for the purposes therein
specified.
26. Contractor liable for materials supplied by Government.—The con-
tractor shall be responsible for all materials and other articles and things which
may be supplied by Government from the time he takes delivery thereof and
shall use them only for the purposes of this contract and shall make good any
loss, damage, wastage or undue wear and tear that may take place from what-
ever cause and pay, to Government, for such loss, damage, wastage or undue
wear and tear such sum as the Executive Engineer may determine.
27. Test Inspection and Rejection of defective material and work.—(a)
The contractor shall provide proper facilities at all times, for the testing of
materials, and inspection of the work by the Executive Engineer, and the Exe-
cutive Engineer shall accordingly also have access at all times to the place of
storage or manufacture where materials are being made for use under the con-
tract to determine that manufacture is proceeding in accordance with the
drawings and specifications.
(b) The contractor shall, upon demand, also forward for the Executive
Engineer's inspection, test certificates supplied by.the vendors, when he is pur-
chasing consignments of cement, steel and other materials in respect of which
such certificates are usually available.
(c) The Executive Engineer shall have power to reject at any stage, any
work which he considers to be defective in quality bf material or workmanship
and he shall not be debarred from rejecting wrought materials by reason of his
having previously passed them in an unworked condition. Any portion of the
 0
work or materials rejected or pronounced to be inferior or not in accordance
with the drawings and specifications, shall be taken down and removed from the
work-site at the contractor's expense, within 24 hours after written instructions
to that effect have been given by the Executive Engineer. Replacement shall at
once be made in accordance with the specifications and drawings, at the con-
tractor's expense.
In case of default on the part of the contractor to carry out such orders,
the Executive Engineer shall have power to employ and pay other persons to
carry out the orders at the contractor's risk and all expenses consequent thereon
and incidental thereto shall be borne by the contractor.
In lieu of rejecting work not done in accordance with the contract, the
Executive Engineer may allow such work to remain, and in that case shall make
such allowance for the difference in value, as in his opinion may be reasonable.
(d) Works opened for inspection. —The contractor shall at the request of
the Executive Engineer, within such time as the Executive Engineer shall name,
open for inspection any work covered up; and should the contractor refuse or
neglect to comply with such a request, the Executive Engineer may employ other
workmen to open up the same. If the said work has been covered up in contra-
vention of the Executive Engineer's instructions, or if on being opened up. it
be found not in accordance with the drawings and specifications or the written
instructions of the Executive Engineer the expenses of opening it and covering
it up again, whether done by the contractor or such other workmen, shall be
borne by, or recovered from, the contractor. If the work has not been covered
up in contravention of such instructions, or if on being opened up it be found to
be in accordance with the drawings and specifications or the written instructions
of the Executive Engineer, then the expenses aforesaid shall be borne by Govern-
ment and shall be added to the contract sum, provided always that in the case
of foundations, or any other urgent work so opened up and requiring immediate
attention, the Executive Engineer shall, within reasonable time after the receipt
of a notice from the contractor that the work has been so opened, make or cause
the inspection thereof to be made, and at the expiration of such time if such
inspection shall not have been made, the contractor may cover up the same, and
shall not be required to open it up again for inspection except at the expense of
Government.
28. Defects, shrinkage, etc., after completion. —Any defects, shrinkage or
,other faults which may appear within six months from the completion of the
works arising, in the opinion of the Executive Engineer, from faulty materials
or workmanship not in accordance with the drawings and specifications or the
instructions of the Executive Engineer, shall, upon the directions in writing
of the Executive Engineer, and within such reasonable time as shall be specified
therein, be amended and made good by the contractor at his own cost, unless the
Executive Engineer shall decide that the contractor ought to be paid for the same
at the rates agreed or such reduced or other rates as the Executive Engineer may
fix and in case of default, the Executive Engineer may employ and pay other
persons to amend and make good such defects, shrinkage or other faults or
damage, and all expense consequent thereon and incidental thereto shall be
borne by the contractor.
29. Executive Engineer's decision.—To prevent disputes and litigation, it
shall be accepted as an inseparable part of the contract that in matters regard-
ing materials, workmanship, removal of improper work, interpretation of the
contract drawings and contract specifications, mode of procedure, and the carry-
ing out of the work, the decision of the Executive Engineer shall be final and
binding on the contractor, and in any technical question which may arise touch-
ing the contract, the Executive Engineer's decision shall be final and conclusive.
30. Dismissal of workmen. —The contractor shall, on the request of the
Executive Engineer, immediately dismiss from the works any person employed
thereon who may, in the opinion of the Executive Engineer, be incompetent
or misconduct himself, and such person shall not be again employed on the
 7

works without the written permission of the Executive Engineer, but the con-
tractor may appeal to the Superintending Engineer of the Circle against such
dismissal.
31. Contractor's maistri or agent and contractor's staff .— The contractor
shall in his own absence keep constantly on the works a competent maistri or
agent, and any directions or explanations given by the Executive Engineer or
his representative to such maistri or agent shall be held to have been given to
the contractor.
The contractor shall further provide all staff which is necessary for the
proper supervision, execution and measurement of the work to ensure full
compliance with the terms of the contract.
32. Government maistris or agents.—The Government may be represented
on the works by an agent, clerk of the works, or maistri who is not borne on
the official list of officers and subordinates of the Public Works Department.
He (if appointed) shall, in the absence of the Executive Engineer, furnish the
contractor with the Executive Engineer's or his representative's instructions
and directions as to the progress and execution of the works and the contractor
shall duly comply with such instructions and directions and shall, on the written
requisition of the maistri, clerk of works or agent, stay the further progress
of any portion of the works which in his judgment is being constructed with
unsound or improper materials or workmanship, until the opinion and deter-
mination of the Executive Engineer shall be obtained thereon, but such maistri,
clerk of works or agent, is to have no power whatever to order any extra works
or deviation from the specifications and drawings.

E.—INCLUDED IN THE CONTRACT RATES.

The items mentioned in this section ' E ' are to be provided by the con-
tractor and are therefore to be allowed for in his contract rates for the various
items of work in the contract schedule, notwithstanding any contrary mamul
procedure claimed by the contractor, unless there are definite superseding
instructions in the specifications relating to the contract in question.
33. Defining contract schedule rates.—The rate entered in a contract sche-
dule for any class of work shall be for finished work in situ and shall include
all contingent expenses whether direct construction expenses involved in the
building in place in accordance with the drawings and specifications, or
whether they be expenses imposed by an outside authority such as a local body.
Such contingent expenses shall not entitle the contractor to claim an extra in
respect thereof.
34. Carriage.—(a) Rates for finished work shall always include the cost
of conveyance and all leads, lifts, loading, unloading and stacking in the man-
ner and at the place ordered by the officer in immediate charge of the work,
unless circumstances necessitate provision for a separate schedule item, in
which case such will be specified in the tender notice or schedule. When mate-
rials are supplied by Government, the place of supply will usually be specified
and no extra payment will be made for conveyance, leads, lifts, loading, un-
loading or stacking, unless such is expressly stated in the tender notice or
provided in the schedule.
(b) Wherever the term " carriage " or " conveyance " is used in a
schedule item, it shall, in the absence of other schedule provision or modifying
description in the specification, be taken to include all leads, lifts, loading,
unloading and stacking in uniform stacks to the satisfaction of the Executive
Fngineer, with careful attention to close packing in the case of materials which
are to be measured in stacks as a basis of payment for finished work.
Note.—In the case of important leads and lifts as may occur in River Conservancy
:end other such works, where lifts over flood banks and long leads may be involved, it is usual
to make separate schedule item provision with a specification defining the exact work to be
done for each tendered rate.
 8
Payment for carriage will ordinarily be by bulk or weight at a mileage rate between
specified places and on the basis of the method adopted in the standard schedule of rates
for carriage of materials. The distance will be measured by the nearest practicable and
cheapest route, whether metalled or unmetalled road or cart track.
-

(c) When carts or vehicles of any sort are engaged by the day, the quan-
tity of material to be conveyed, the distance to be travelled and the number
of trips to be made shall, if he considers it necessary, be fixed by the Executive
Engineer.
(d) The contractor is responsible for making good all loss in transporting
material entrusted to him or his agents, whether caused by wastage, breakage,
theft, or any other cause.
(e) No payment shall, in any case, be made for the return trip with carts
empty. Where there are loads also for the return trip, the agreement rates
should allow for the reduced cost thereby on each set of materials so conveyed.
35. Construction plant.—The contractor shall include in his tendered
price, and shall provide and install all necessary construction plant and shall
use such methods and appliances for the performance of all the operations con-
nected with the work embraced under the contract as will secure a satisfactory
quality of work and rate of progress which, in the opinion of the Executive
Engineer, will ensure the completion of the work within the time specified.
If at any time before the commencement, or during the progress of the work,
or any part of it, such methods or appliances appear to the Executive Engineer
to be insufficient or inappropriate for securing the quality of the work re-
quired, or the said rate of progress, he may order the contractors to increase
their efficiency, or to improve their character, and the contractor shall comply
with such orders; but the failure of the Executive Engineer to demand such
increase of efficiency or improvement shall not relieve the contractor from his
obligation to secure the quality of work and the rate of progress required by
the contract, and the contractor alone shall be responsible for the efficiency and
safety of his plant, appliances and methods.
It is, however, open to the Executive Engineer to lend or supply to the
contractor any tools, implements, materials and machinery that the Executive
Engineer may consider desirable; but for any such tools, implements, materials
and machinery that may be lent or supplied to the contractor by Government,
the contractor shall pay such deposit and hire, or purchase price as may be
determined by the Executive Engineer. All articles that may be so lent or hired
to the contractor shall be returned in good serviceable condition by him to the
Executive Engineer before the final bill for the work is paid and any shortage
or damage shall be recovered from the contractor in the final bill at such rate
as may be determined by the Executive Engineer after making such allowance
as he may consider suitable for fair wear and tear.
36. Scaffolding instructions.—All requisite scaffolding shall be provided
at the contractor's expense and shall be double, i.e., it, must have two sets of
upright supports. Care must be taken to ensure the safety of the workpeople
and the contractor must comply with such instructions as the Executive Engi-
neer may issue to ensure such safety. The contractor will be entirely responsible
for any damage or injuries to persons or property resulting from ill erected
scaffolding, defective ladders, or otherwise arising out of his default in this
respect.
37. Temporary structures.—The contractor shall erect and maintain at
his own cost temporary weather-proof sheds at such places and in a manner
approved by the Executive Engineer for keeping materials under cover. The
contractor shall also provide and maintain at his own expense such temporary
fences, guards, bridges and roads as may be necessary for the execution of his
contract work or for safeguarding or accommodating the public. If the Exe-
cutive Engineer shall order any departure from any arrangements made by the
contractor, the contractor shall comply with such orders as the Executive Engi-
neer may issue to safeguard or accommodate the public. Sheds for housing
workmen shall be provided at the contractor's expense, if in the opinion of the
Executive Engineer such are necessary or desirable.
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38. Water and lighting. —The contractor shall pay all fees and provide
water and light as required, from municipal mains or other sources, and shall
pay all charges therefor (including storage tanks, meters, etc.) for the use of
the works and workmen, unless otherwise arranged and decided on, in writing,
with the Executive Engineer. The water for the works shall be, so far as
practicable, free from earthy, vegetable, or organic matter, and from salts or
other substances likely to interfere with the setting of mortar or otherwise prove
harmful to the work.
39. Latrines for ?vorkpeople. —The contractor shall provide and erect, prior
to the commencement of work, sufficient latrines for the use of the workpeople,
male and female, and shall keep the same disinfected and clean at all times
during the progress of the works, and shall remove the same, disinfect the
ground and make good all damage on the completion of the works.
40. Sun protection, keeping dry and pumping. —The contractor shall at
his own expense arrange all requisite protection of the work and materials
against sun or rain effects and shall keep all portions of the work free from water
to the satisfaction of the Executive Engineer and shall use his own plant for
the purpose, unless otherwise specifically provided in the contract specifica-
tions.
41. Tolls and seigniorage. —The contractor shall, unless otherwise specially
stated in the tender notice and subsequently on this basis in the contract, be
responsible for the payment wherever payable of all import duties, tolls, octroi
duties, seigniorages, quarry fees, etc., on all materials and articles that he
may use.
Notwithstanding anything contained in section 10 of the Indian Tariff
Act of 1894, the rates for items involving the use or supply of articles obtained
by the contractor from outside India shall remain unaffected by any changes
that may be introduced in the Customs duties.
42. Setting out works. —The contractor shall be responsible for the correct
setting out of all works, providing at his own cost all labour, materials and
staff required for so doing.
43. Cleaning up during progress and for delivery.—All rubbish shall be
burnt or removed from the site as it accumulates. All floors, stairs, landings,
doors, windows, surface and soil drains shall be cleaned down and put in a
thoroughly complete, clean, sound and workmanlike state to the satisfaction
of the Executive Engineer before the work is finally handed over, all rubbish
and surplus materials not required by the Executive Engineer having first
been removed by the contractor. The contractor shall give notice in writing
to the Executive Engineer when the work is so ready to be handed over, and
shall be responsible for its maintenance until it is taken over by the Executive
Engineer.
F.—RESPONSIBILITIES AND LIABILITIES OF THE
CONTRACTOR.
Explanation. —This section sets forth some responsibilities which the con-
tractor shall assume—in addition to those mentioned in other sections of this
" Preliminary Specification "—under every contract which he enters into, with
the Madras Public Works Department and he should therefore calculate his
unit prices for schedule items of work accordingly.
44 Observance of laws—Local regulations and notices—A ttachments.-
The contractor shall conform to the regulations and by-laws of any local autho-
rity and/or of any water or lighting companies with whose systems the structure
is proposed to be connected and shall, before making any variations from the
drawings or specification that may be necessitated by so conforming, give to
the Executive Engineer written notice, specifying the variations proposed to
be made and the reasons for making them, and apply for instructions thereon.
In case the contractor shall not receive such instructions within seven days, he
shall proceed with the work, conforming to the provision, regulation or by-law
in question; and any variations in the drawings or specifications so necessitated
shall be dealt with under clause No. 63. The contractor shall give all notices
2
 10
required by the said Acts, regulations or by-laws and pay all fees in connexion
therewith, unless otherwise arranged and decided on in writing with the
Executive Engineer. He shall also ensure that no attachments are made against
materials or work forming part of or for the use of the contract. In every
case referred to in this clause the contractor shall protect and indemnify Gov -

ernment against any claim or liability arising from or based on the violation
of any such law, ordinance, regulation, order, decree, or attachment, whether
by himself or by his employees.
45. Accidents—Hoarding—Lighting Observations—Watchmen.—(a) When
excavations have been made or obstacles have been put in public thoroughfares
or in places where there is any likelihood of accidents, the contractor shall comply
with any requirement of law on the subject, and shall provide suitable hoarding,
lighting and watchmen as necessary.
(b) It shall be the contractor's sole responsibility to protect the public
and his employees against accident from any cause and he shall indemnify
Government against any claims for damages for injury to person or property,
resulting from any such accidents; and shall, where the provisions of the
Workmen's Compensation Act apply, take steps to properly insure against any
claims thereunder.
(c) On the occurrence of a.n accident which results in the death of any
of the workmen employed by the contractor or which is so serious as to be
likely to result in the death of any such workmen, the contractor shall, within
24 hours of the happening of such accident, intimate in writing to the concerned
Section Officer of the Public Works Department, the fact of such accident,
The contractor shall indemnify Government against all loss or damage sustained
by Government resulting directly or indirectly from his failure to give inti-
mation in the manner aforesaid including the penalties or fines if any payable
by Government as a consequence of Government's failure to give notice under
the Workmen's Compensation Act or otherwise conform to the provisions of
the said Act in regard to such accident.
46. Blasting.—Blasting executed•by contractors in connexion with Govern-
ment works shall be carried out in the manner described under " Blasting opera-
tions—Instructions to contractors " of the M.D.S. S.
47. Protection of adjoining and existing premises.—The contractor is to
protect the whole of the adjoining and, where necessary, the existing premises
and all works and all fittings to all buildings on and adjoining the site against
structural and decoras damage caused by the execution of these works and
-

make good in all respec S all such damage done or occurring to the same, and
leave such reinstatement in perfect order. He is also to make good any damage
done in the execution of the work to existing public or private footways or
roadways.
48. Permit other workmen—Co-operation—A fiord facilities.—The Execu-
tive Engineer shall have full power to send workmen upon the premises to exe-
cute fittings and other works not included in the contract, for whose operations
the contractor is to afford every reasonable facility during ordinary working
hours, provided that such operations shall be carried on in such a manner as
not to impede the progress of the work included in the contract, but the con-
tractor is not to be responsible for any damage which may happen to or be
occasioned by any such fittings or other works, provided he complies with the
Executive Engineer's instructions in connexion therewith, and provided that
the damage is not caused by himself or his workmen.
The contractor shall, at all times, co-operate, assist, attend on, and afford
facilities for such specialists as may be employed by the Executive Engineer on
other works in connexion with the building, allowing them, free of charge, the
use of all plant, light and water installed in the works. The contractor shall
also cause such special work or protect it as instructed, to avoid injury during
progress of the works. For failure so to protect, the contractor must make
good any damage caused.
49. Holes for water service, gas, electrical and sanitary fittings.—The
contractor shall leave all holes in masonry and floors for the insertion of water
services, gas and electrical connexions and sanitary fittings in the exact posi-
tions indicated by the Executive Engineer during the progress of the work.
 11

These holes must be properly built up, in a workmanlike manner, at the con-
tractor's cost, as soon as the fittings have been installed, in cases where the
installations are made during the construction of the building and where, in
the opinion of the Executive Engineer, delays in settlement of accounts will
not thereby occur.
50. Contractor's risk and insurance. —The entire work covered by the con-
tract shall be maintained at the contractor's risk until the contract is fulfilled
and the work is taken over by the Executive Engineer. The contractor shall
accordingly arrange his own insurance against fire and other usual risks, unless
otherwise specified.
51. Holidays .—No work shall be done on Sundays without the written per-
mission of the Executive Engineer or of the officer in charge of the work, and
the contractor shall comply with the provisions of the Factory Act, if and so
far as the same are applicable.
G.—MISCELLANEOUS.
52. Sand and gravel. —The contractor shall not make any excavation upon
the site for the purpose of obtaining gravel, sand or soil other than that shown
on or implied by the drawings, except with the previous permission of the
Executive Engineer.
53. Old curiosities. —All old curiosities, relics, coins, minerals, etc., found
in excavating or pulling down, shall be the property of the Government and
be handed over to the Executive Engineer. Should any ancient masonry, or
other old work of interest be opened up, the Executive Engineer's attention
shall be called to the same before demolition or removal.
54. Assignment or sub-letting. —The contractor shall not, without the
written consent of the Executive Engineer, assign the contract nor sub-let any
portion of the same. Ordinarily no sub-letting will be permitted, but in case
such should be permitted by the Executive Engineer, it shall in no way free
the contractor from any of his responsibilities under any clause of this Pre-
liminary Specification or of the " Articles of Agreement."
55. Specialists. —The Executive Engineer shall, during the progress of
the work, have power to select, nominate or recommend tradesmen or specialists
to supply material or execute such portion of the work as he may consider
desirable in the interests of the Government.
56. Ratification of the orders of the Executive Engineer.— Should the
acceptance of the tender be beyond the authorized powers of the Executive
Engineer as laid down in the Public Works Department Cede the orders and
:

decisions of such Executive Engineer with regard to extension of time for

completing the contract or the termination of the contract or of the employ-
ment of specialists for certain portions of the work as described in the previous
clause will be subject to the ratification of the higher authority who accepted
the tender.
57. Order book. —An order book shall be kept at the Public Works Depart-
ment office on the site of the work. As far as possible, all orders regarding the
work are to be entered in this book. All entries shall be signed and dated by
the Public Works Department Officer in direct charge of the work and by the
contractor or by his representative. In important cases, the Executive Engi-
neer or the Superintending Engineer will countersign the entries which have
been made. The order book shall not be removed from the work, except with
the written permission of the Executive Engineer.
13.—DATE OF COMMENCEMENT, COMPLETION, DELAYS, EXTEN-
SIONS, SUSPENSION OF WORK AND FORFEITURE.
58. Date of commencement and completion. —On notification of possession
of the site (or premises) being given to the contractor by letter registered for
acknowledgment as provided in paragraph 10 supra, he shall forthwith begin
the works, shall regularly and continuously proceed with them, and shall com-
plete the same (except for painting or other work which, in the opinion of the
Executive Engineer, it may be desirable to delay) by the date of completion, as
defined in the " Articles of Agreement," subject, nevertheless, to the provisions
 12
of extension of time mentioned in the next clause. The contractor shall under
no circumstances be entitled to claim any damages from Government if he
incurs any expense or liabilities to payment under the contract before the date
of commencement defined above. The contractor shall have the right to with-
draw from the contract and obtain refund of his earnest money if such inti-
mation of handing over the site is delayed more than two months from the
date of acceptance of the agreement by competent authority.
59. Delays and extension of time.—No claim for compensation on account
of delays or hindrances to the work from any cause whatever shall lie, except,
as hereinafter defined. Reasonable extension of time will be allowed by the
Executive Engineer or by the officer competent to sanction the extension, for
unavoidable delays, such as may result from causes, which, in the opinion of
the Executive Engineer, are undoubtedly beyond the control of the contractor.
The Executive Engineer shall assess the period of delay or hindrance caused
by any written instructions issued by him, at twenty-five per cent in excess
of the actual working period so lost.
In the event of the Executive Engineer failing to issue necessary instruc-
tions and thereby causing delay and hindrance to the contractor, the latter shall
have the right to claim an assessment of such delay by the Superintending
Engineer of the Circle. The contractor shall lodge in writing with the Exe-
cutive Engineer a statement of claim for any delay or hindrance referred to
above, within fourteen days from its commencement, otherwise no extension
of time will be allowed.
Whenever authorized alterations or additions made during the progress of
the work are of such a nature in the opinion of the Executive Engineer as to
justify an extension of time in consequence thereof, such extension will be
granted in writing by the Executive Engineer or other competent authority
when ordering such alterations or additions.
60. Delays in commencement or progress or neglect of work and forfeiture
of earnest money, security deposit and withheld amounts.—(a) Time shall be
considered as of the essence of the contract. If, at any time, the Executive
Engineer shall be of the opinion that the contractor is delaying commencement
of the work or violating any of the provisions of the contract or is neglecting
or delaying the progress of the work as defined by the tabular statement " Rate
of Progress " in the " Articles of.Agreement," he shall so advise the contractor
in writing and at the same time demand compliance. If the contractor neglects
to comply with such demand within seven days after receipt of such notice,
it shall then, or at any time thereafter, be lawful for the Executive Engineer
to determine the contract, which determination shall carry with it the for-
feiture of the earnest money, the security deposit and the total of the amount
withheld under clause 68 below, together with the value of such work as may
have been executed and not paid for, or such proportion of such total sums as
shall be assessed by the Executive Engineer.
(b) If, however, the Executive Engineer notwithstanding the failure of
the contractor to comply with the demand referred to in paragraph (a) of this
clause or failure to maintain the " Rate of Progress " specified in the " Articles
of Agreement " plus any extension of time that may have been allowed to the
contractor as defined in clause No. 59, shall permit the contractor to proceed
with the whole or part and continue and complete the whole or such part of the
work. such permission shall not be deemed to be a waiver in any respect by the
Executive Engineer of the right of forfeiture under this clause. Provided
however that any such forfeiture under this sub-clause shall not exceed 5 per
cent of the total of the finished contract amount.
(c) It shall be a further right of the Executive Engineer under this
clause at any time that the " Rate of Progress " programme in the agreement
is not maintained to give any part of the work to any other contractor at his
discretion in order to maintain the " Rate of Progress " and the contract shall
then be determined for only that portion of the work given to the other con-
tractor. The forfeiture under paragraph (b) of this clause will in these cir-
cumstances be applied.
61. Suspension of the works by the contractor.—If the contractor (except
on account of any legal restraint not occasioned by his own wilful act or default
or orders from Government preventing the continuance of the work, or on
 13
account of any of the causes for which an extension of time has been sanctioned
by competent authority) shall suspend the works, or sub-let the work or a portion
thereof without sanction of the Executive Engineer, or in the opinion of the
Executive Engineer shall neglect or fail to proceed with due diligence in the
performance of his part of the contract as laid down in the schedule rate of
progress, or if he shall continue to default or repeat such default in the respects
mentioned in clause 27, the Executive Engineer shall have power to give
uotice in writing to the contractor requiring that the works be proceeded with
in accordance with the terms of the contract. Such notice shall not be un-
reasonable, or vexatiously given, and must signify that it purports to be a
notice under the provisions of this clause, and must specify the act or default
on the part of the contractor upon which it is based. After such notice shall
have been given, the contractor shall not be at liberty to remove from the site
of the works, or from the ground contiguous thereto, any plant or materials
belonging to him, which shall have been placed thereon for the purpose of the
work; and Government shall have a lien upon all such plant and materials,
to subsist from the date of such notice being given until the notice shall have
been complied with. If the contractor shall fail, for fourteen days after such
notice has been given, to comply with the same to the satisfaction of the
Executive Engineer as certified by him in writing, Government may enter
upon and take possession of the works and site, and of all such plant and mate-
rials thereon (or on any ground contiguous thereto) and all such plant and mate-
rials as abovementioned shall thereupon be at the disposal of Government
absolutely, for the purpose of completing the work. If Government shall exer-
cise the above power to enter upon the works and take possession of the works,
plant and material they may engage any other person to complete the works,
and exclude the contractor, his agents and servants from entry upon or access
to the same, except that the contractor or any person nominated by him may
have access at all reasonable times to inspect, survey and measure the works
already executed by him. And Government shall thereupon take such steps
as they may consider necessary for completing the works without undue delay
or expense, using for that purpose the plant and materials abovementioned
and obtain such additional plant and materials as the Executive Engineer
shall decide is necessary fo, the due prosecution and completion of the work.
Upon the completion of the works, the Executive Engineer shall certify the
amount of the expenses properly incurred consequent on, and incidental to, the
default of the contractor as aforesaid and in having the works completed by
other persons, having credited the contractor with the value of the materials
,

utilized as aforesaid. Should the amount so certified be less than the amount
which would have been due to the contractor on the completion of the works by
him, the difference shall be paid to the contractor by Government; should the
amount of the former exceed the latter, the difference shall be paid by the con-
tractor to Government. Government shall not be liable to make any payment to
the contractor on account of the use of such plant for the completion of the works
under the provisions hereinbefore contained. Government may at any time give
notice in writing to the contractor to remove any of his plant or materials from
the site and not required for completion of the works. If such plant and/or
materials are not removed within fourteen days after notice shall have been so
given, Government may remove and sell the same, holding the proceeds, less the
-cost of removal and sale, to the credit of the contractor.
In case Government shall exercise the power contained in this clause and
shall complete the works by any other person as therein provided, the Executive
Engineer, after instituting such inquiries as he may deem fit, with or without
notice to the contractor, shall certify what amount (if any) had at the time of
the Government exercising such power as aforesaid, been reasonably earned or
would reasonably accrue to the contractor in respect of work then actually done
by him in the premises and such certificate shall be final and binding on the
contractor.
I.-J.—PARTICULARS OF PAYMENT.
62. Payment on lump-sum basis or by final measurement at unit prices.—
(a Final measurements need not be taken unless either the contractor oy the
Fxecutive Engineer claims extras to, or deductions from, the quantities of Sche-
dule A.
 14
(b) In case final measurements are claimed, they shall be taken only for
those items for which either the contractor or the Executive Engineer claims
final measurements and the quantities of the remaining items in Schedule A
shall be accepted as correct. The lump-sum amount mentioned in the agreement
will then be varied by adding thereto or deducting therefrom as the case may be,
the difference (if any), between the amounts mentioned in Schedule A for such
items and the amounts arrived at by calculation at contract rates based on the
revised quantities for the same, obtained by the final measurements aforesaid.
(c) It. shall be accepted as a condition of the contract that the payment
of the final bill to the contractor less the withheld amounts and his acceptance
thereof shall constitute a full and absolute release of Government from all
further claims by the contractor under the contract.
63. Payment for additions and deductions for omissions.—(a) No autho-
rized variation shall vitiate the contract, but additions and omissions shall be
measured up and dealt with in accordance with clause 62 (b).
(b) If there is no rate in Schedule A for additional work ordered to be
carried out by the Executive Engineer, then, prior to execution of the addi-
tional work, a rate for the additional work shall be agreed upon, entered on a
supplemental slip signed and dated by the contractor and the Executive Engi-
neer or the higher sanctioning authority as the case may require), and this
supplemental slip shall be attached to the agreement. A copy of this supple-
mental slip shall also be given to the contractor.
(c) In the event of the Executive Engineer and the contractor failing to
agree on a rate for such additional work, then the Executive Engineer may, at
his option, either-
(i) employ other parties to carry out the additional work in the same
manner as provided for under clause 48, or
(ii) the contractor shall execute the work upon written orders from the
Executive Engineer and the cost of labour and materials plus 10 per cent there-
on shall be allowed therefor, provided that the vouchers for the labour and
materials employed shall have been delivered to the Executive Engineer or his
representative within seven days after such work shall have been completed.
If the Executive Engineer considers that payment for such work on the basis
of the vouchers presented is unduly high, he shall make payment in accordance
with such valuation as he considers fair and reasonable and his decision in the
matter shall be final, if the amount involved in the additional payment is
Rs. 1,000 or less, for each occasion on which such additional works shall have
been authorized. If such amount exceeds Rs. 1,000, the contractor shall have
the right to submit the matter to arbitration under the provisions of the arbitra-
tion clause 73.
(d) If, in the opinion of the Executive Engineer, a rate for the addi-
tional work is not capable of being properly arrived at prior to execution of the
work, or if the work is not capable of being properly measured, then the cost and
payment thereof shall be dealt with as provided for in the preceding sub-
clause (e) (ii).
64. No payment for unsanctioned extras.—It shall be distinctly understood
that no payment whatever will be made to the contractor for variations by way
of extras, in cases where such variations have been made without the written
sanction of the Executive Engineer.
65. Accounts, receipts and vouchers.—The contractor shall at any time,
upon the request of the Executive Engineer, furnish him with all invoices,
accounts, receipts and other vouchers that he may require in connexion with the
contract.
66. Fraud, wilful neglect or default .— No final or other certificate of pay-
ment or of completion, acceptance or settlement of account shall, in any circum-
stances, relieve the contractor from his liability for any fraud or wilful neglect
or default in the execution of the contract or any wilful or unauthorized devia-
tions from the drawings, specifications, instructions and directions for the time
being binding upon him.
67. Unfixed materials. —No payment or advance will be made for unfixed
materials when the rates are for finished work in situ.
 15

68. Payments and certificates.—Payments will be made to the contractor

under the certificates to be issued at reasonably frequent intervals by the Execu-
tive Engineer or by the Subdivisional Officer. Within fourteen days of the date
of each certificate, an intermediate payment will be made by the Executive
Engineer or the Subdivisional Officer of a sum equal to 95 per cent of the value
of work, as so certified and the balance of 5 per cent will be withheld and retain-
ed as a security for the due fulfilment of the contract. Under the certificate to
be issued by the Executive Engineer or the Subdivisional Officer on the comple-
tion of the entire works the contractor will receive the final payment of all the
moneys due or payable to him under or by virtue of the contract except a sum
equal to 22 per cent of the total value of the work done, provided there is no
recovery from or forfeiture by the contractor to be made under clause 60. The
amount withheld from the final bill will be retained under " deposits " and paid
to the contractor within a period of six months or as soon after the expiration of
such period of six months as all defects shall have been made good according to
the true intent and meaning hereof whichever shall last ha p pen. No certificate
of the Executive Engineer or the Subdivisional Officer shall be considered con-
clusive evidence as to the sufficiency of any work or materials or correctness of
measurements to which it relates, nor shall it relieve the contractor from his
liability to make good defects as provided by the contract. The contractor,
when applying for a certificate, shall prepare a sufficiently detailed bill, based
on the original figures of quantities and rates in the contract--Schedule A—
to the satisfaction of the Executive En g ineer, to enable the Executive Engineer
or the Subdivisional Officer to check the claim and issue the certificate. The
certificate as to such of the claims mentioned in the application as are allowed
by the Executive Engineer or the Subdivisional Officer shall be issued within
fourteen days of the application. No application for a certificate shall be made
within fourteen days of a previous application.
In calculating the amount of each item due to the contractor in every bill
submitted for payment under this contract, fractions of below half an anna
shall be omitted and half an anna or over shall be recokned as one anna. In
calculating the total of each bill amounting to Rs. 25 or more under this con-
tract, fractions of less than a half rupee shall be disregarded and half a rupee
and over shall be reckoned as one rupee.
69. Interest on money due to the contractor.—(a) No omission by the Exe-
cutive Engineer or the Subdivisional Officer to pay the amount due upon certi-
ficates shall vitiate or make void the contract, nor shall the contractor be en-
titled to interest upon any guarantee fund or payments in arrear, nor upon any
balance which may, on the final settlement of his accounts, be found to be due
to him.
(b) Whenever the withheld amount reaches Rs. 10,000 or a multiple
thereof, the contractor may, at his option, deposit with the Executive Engineer
an equal amount in sums of Rs. 10,000 or a multiple thereof, in any of the forms
of interest bearing securities recognized for the pur p ose by the Madras Public
Works Accounts Code and subject to the provisions therein contained, in which
case the equivalent withheld amount shall be paid to him forthwith. The con-
tractor will be permitted to exercise the option in this clause, subject only to
the condition that the rate of progress contained in the Articles of Agreement
is properly maintained.
70. Acceptance of final measurements.—The contractor agrees that before
payment of the final bill shall be made on the contract, he will sign and deliver
to the Executive Engineer either in the measurement book or otherwise as
demanded, a valid release and discharge from any and all claims and demands
whatsoever for all matters arising out of, or connected with the contract; pro-
vided that nothing in this clause shall discharge or release the contractor from
his liabilities under the contract. It is further expressly agreed that the Exe-
^cutive Engineer, in supplying the final measurement certificate, need not be
bound by the preceding measurements and payments. The final measurements,
if any, of the Executive Engineer shall be final, conclusive and binding on the
contractor.
 16
71. Recovery 0/ money from contractor in certain cases.—In every case in
which provision is made for recovery of money from the contractor, Government
shall be entitled to retain or deduct the amount thereof from any moneys that
may be due or may become due to the contractor under these presents and/or
under any other contract or contracts or any other account whatsoever.
72. Contractor dying, becoming insolvent, insane, or imprisoned.—In the
event of the death or insanity or insolvency or imprisonment of the contractor
or where the contractor being a partnership or firm becomes dissolved or being a
corporation goes into liquidation, voluntary or otherwise, the contract may, at
the option of the Executive Engineer, be terminated by notice in writing posted
at the site of the works and advertised in one issue of the local District Gazette,
and all accepted and acceptable works shall forthwith be measured up and paid
for at the rates provided in the contract schedule where such apply, or other-
wise, by the most'recent schedule of rates of the Division approved by competent
authority, to the person or persons entitled to•receive and give a discharge for
the payment.
73. Arbitration.—In case of any dispute or difference between the parties
to the contract either during the progress or after the completion of the works
or after the determination, abandonment, or breach of the contract, as to the
interpretation of the contract, or as to any matter or thing arising thereunder
(except as to the matters left to the sole discretion of the Executive Engineer
under the clauses of this Preliminary Specification), or as to the withholding by
the Executive Engineer of payment of any bill to which the contractor may
claim to be entitled, then either party shall forthwith give to the other notice
of such dispute or difference, and such dispute or difference shall be and is
hereby referred to the arbitration of the Superintending Engineer of the nomi-
nated circle mentioned in the " Articles of Agreement " (hereinafter called the
" arbitrator ") and the award of such arbitrator shall be final and binding on
the parties. Progress of the work shall not be suspended or delayed because
of reference of any dispute or difference to arbitration and the Executive Engi-
neer's decision on such dispute or difference shall be conclusive until reversed
by the arbitrator. Either party may within a period, which shall be fixed by
the arbitrator, file before the arbitrator a statement of the case and also all the
documents relating to or having a bearing on the case. The arbitrator shall not
be bound to observe the ordinary rules of procedure applicable to trials before
judicial tribunals nor to hear or receive formal evidence but may pass an award
on the documents or statements of the case filed by both the parties and or on per-
sonal inspection. The arbitrator shall have power to view the subject-matter of
the dispute with or without the parties or their agents. The arbitrator shall also
have power to open up, review and revise any certificate, opinion, decision,
requisition or notice, save in regard to the matters expressly excepted and to
determine all matters in dispute which shall be submitted to him, and of which
notice shall have been given as aforesaid, in the same manner as if no such
certificate, opinion, decision, requisition or notice had been given. Upon: every
or any such reference, the costs of and incidental to the reference and award
respectively, shall subject to the condition that the amount of such costs to be
,

awarded to either party shall not in respect of a monetary claim exceed the
percentage set out below of any such award, irrespective of the actual fees, costs
and expenses incurred by either party be in the discretion of the arbitrator who
may determine the amount thereof or -direct the same to be taxed as between
solicitor and client or as party and party and shall direct by whom and to whom
and in what manner the same shall be borne and paid:
The percentages above referred- to. in this clause are 5 per cent on any such
monetary award which does not exceed Rs. 10,00.0, 3 per cent on the next
Rs. 40,000 or any part thereof, 2 per cent on,the next Rs. 50,000 or any part
thereof and 1 per cent on any excess over Rs. 100.000;
Provided that Government shall not be liable to any claim in respect of
any such dispute or difference until the liability and the amount thereof shall
have been referred to and decided by the arbitrator.