Common use of Clause 2 Clause in Contracts

Clause 2. The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with, all due diligence (time being deemed to be of the contractor) and the contractor shall pay as compensation an amount as the University Engineer (whose decision in writing shall be final) may decide, of the amount of the estimated cost of the whole work as shown by the tender for every day that work remains uncommenced, or unfinished, after the proper dated. And further to ensure good progress during the execution of the works, the contractor shall be bound in all cases, in which the time allowed for any work exceeds one months to complete. The Programme for completion of work is attached in form of bar chart on page No. . The contractor is supposed to carry out the work and keep the progress as per bar chart on page No. . The contractor should complete the work as per phase period given below, which is arrived from the bar chart. The programme of details process laid down by the University Engineer. The following proportion will usually be found suitable. In ¼ time -25% of work ½ time- 50% of work 3/4time -75% of work 60 Days (60 Days including Govt. Holiday & Monsoon Period ) . 100% of work., In the event of the contractor failing to comply with these conditions he shall be liable to pay as compensation an amount equal to one percent, or such smaller amounts as the University Engineer (whose decision in writing shall be final) may decide of the said estimated cost of the whole work for every day that the due quantity of work remains incomplete. Provided always that the total amount of compensation to be paid under provision of this clause shall not exceed 10 percent of the estimated cost of the work shown in the tender. University Engineer, should be the final authority in this respect irrespective of the fact that the tender is accepted by Chief Engineer, Additional Chief Engineer/ Superintending Engineer/ University Engineer of Assistant Engineer/Sub- Divisional Engineer. Action when whole of Security Deposit is forfeited. a) b) c) Clause 3 :- In any case in which under any clause or clauses of this contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of his Security Deposit (whether paid in one sum or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the University Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the University Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the University Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the University Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the University Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the University Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor remains Clause 5 :- In any case in which any of the liable to pay powers conferred upon the Executive Engineer by compensation if action not taken under clause Clause 3 and 4 hereof shall have become exercisable and the same shall not been exercised, the non-

Clause 2. The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with, all due diligence (time being deemed to be of the contractor) and the contractor shall pay as compensation an amount as the University Superintending Engineer (whose decision in writing shall be final) may decide, of the amount of the estimated cost of the whole work as shown by the tender for every day that work remains uncommenced, or unfinished, after the proper dated. And further to ensure good progress during the execution of the works, the contractor shall be bound in all cases, in which the time allowed for any work exceeds one months to complete. The Programme for completion + 1/5 of work is attached in form 1/4 of bar chart on page No. . the time limit ½ of work in 1/2 of the time limit ¾ of work in 3/4 of time limit Full work [( 4 ) Four month] in full time limit +Note :- The contractor is supposed quantity of work to carry out be done within a particular time to be specified above shall be fixed by the work officer competent to accept the contracts after taking into consideration the circumstances of each case and keep inserted in the progress as per bar chart on page No. . The contractor should complete blank space kept for the work as per phase period given below, which is arrived from purpose and abide by the bar chart. The programme of details process detailed progress laid down by the University Executive Engineer. The following proportion will usually be found suitablesuitable :- 1/5, 2/5, 3/4 of total value of the work to be done in 1/4, 1/2, 3/4 of the time Reasonable progress of earth work 3/10, 4/10, 9/10 of total value of the work to be done. In ¼ time -25% Reasonable progress of masonry work ½ time- 50% of work 3/4time -75% of work 60 Days (60 Days including Govt. Holiday & Monsoon Period ) . 100% of work., In the event of the contractor failing to comply with these conditions he shall be liable to pay as compensation an amount equal to one percent, or such smaller amounts as the University Superintending Engineer (whose decision in writing shall be final) may decide of the said estimated cost of the whole work for every day that the due quantity of work remains incomplete. Provided always that the total amount of compensation to be paid under provision of this clause shall not exceed 10 percent of the estimated cost of the work shown in the tender. University Superintending Engineer, should be the final authority in this respect irrespective irrespectIV Ae of the fact that the tender is accepted by Chief Engineer, Additional Chief Engineer/ Superintending Engineer/ University Executive Engineer of Assistant Engineer/Sub- Divisional Sub-DIV Aisional Engineer. Action when whole of Security Deposit is forfeited. a) b) c) Clause 3 :- In any case in which under any clause or clauses of this contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of his Security Deposit (whether paid in one sum or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the University Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the University Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the University Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the University Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the University Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the University Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor remains Clause 5 :- In any case in which any of the liable to pay powers conferred upon the Executive Engineer by compensation if action not taken under clause Clause 3 and 4 hereof shall have become exercisable and the same shall not been exercised, the non-.

Clause 2. The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with, all due diligence (time being deemed to be of the contractor) and the contractor shall pay as compensation an amount as the University Superintending Engineer (whose decision in writing shall be final) may decide, of the amount of the estimated cost of the whole work as shown by the tender for every day that work remains uncommenced, or unfinished, after the proper dated. And further to ensure good progress during the execution of the works, the contractor shall be bound in all cases, in which the time allowed for any work exceeds one months to complete. The Programme for completion + 1/5 of work is attached in form 1/4 of bar chart on page No. . the time limit 2/5 of work in 1/2 of the time limit ¾ of work in 3/4 of time limit Full work [(24) TWENTY FOUR month] in full time limit +Note :- The contractor is supposed quantity of work to carry out be done within a particular time to be specified above shall be fixed by the work officer competent to accept the contracts after taking into consideration the circumstances of each case and keep inserted in the progress as per bar chart on page No. . The contractor should complete blank space kept for the work as per phase period given below, which is arrived from purpose and abide by the bar chart. The programme of details process detailed progress laid down by the University Executive Engineer. The following proportion will usually be found suitablesuitable :- 1/5, 2/5, 3/4 of total value of the work to be done in 1/4, 1/2, 3/4 of the time Reasonable progress of earth work 3/10, 4/10, 9/10 of total value of the work to be done. In ¼ time -25% Reasonable progress of masonry work ½ time- 50% of work 3/4time -75% of work 60 Days (60 Days including Govt. Holiday & Monsoon Period ) . 100% of work., In the event of the contractor failing to comply with these conditions he shall be liable to pay as compensation an amount equal to one percent, or such smaller amounts as the University Superintending Engineer (whose decision in writing shall be final) may decide of the said estimated cost of the whole work for every day that the due quantity of work remains incomplete. Provided always that the total amount of compensation to be paid under provision of this clause shall not exceed 10 percent of the estimated cost of the work shown in the tender. University Superintending Engineer, should be the final authority in this respect irrespective of the fact that the tender is accepted by Chief Engineer, Additional Chief Engineer/ Superintending Engineer/ University Executive Engineer of Assistant Engineer/Sub- Sub-Divisional Engineer. Action when whole of Security Deposit is forfeited. a) b) c) Clause 3 :- In any case in which under any clause or clauses of this contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of his Security Deposit (whether paid in one sum or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the University Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the University Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the University Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the University Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the University Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the University Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor remains Clause 5 :- In any case in which any of the liable to pay powers conferred upon the Executive Engineer by compensation if action not taken under clause Clause 3 and 4 hereof shall have become exercisable and the same shall not been exercised, the non-.

Clause 2. The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with, all due diligence (time being deemed to be of the contractor) and the contractor shall pay as compensation an amount as the University Superintending Engineer (whose decision in writing shall be final) may decide, of the amount of the estimated cost of the whole work as shown by the tender for every day that work remains uncommenced, or unfinished, after the proper dated. And further to ensure good progress during the execution of the works, the contractor shall be bound in all cases, in which the time allowed for any work exceeds one months to complete. The Programme for completion + 1/3 of work is attached in form 1/3 of bar chart on page No. . the time limit ½ of work in 1/2 of the time limit Full work [(06) SIX month] in full time limit +Note :- The contractor is supposed quantity of work to carry out be done within a particular time to be specified above shall be fixed by the work officer competent to accept the contracts after taking into consideration the circumstances of each case and keep inserted in the progress as per bar chart on page No. . The contractor should complete blank space kept for the work as per phase period given below, which is arrived from purpose and abide by the bar chart. The programme of details process detailed progress laid down by the University Executive Engineer. The following proportion will usually be found suitablesuitable :- 1/5, 2/5, 3/4 of total value of the work to be done in 1/4, 1/2, 3/4 of the time Reasonable progress of earth work 3/10, 4/10, 9/10 of total value of the work to be done. In ¼ time -25% Reasonable progress of masonry work ½ time- 50% of work 3/4time -75% of work 60 Days (60 Days including Govt. Holiday & Monsoon Period ) . 100% of work., In the event of the contractor failing to comply with these conditions he shall be liable to pay as compensation an amount equal to one percent, or such smaller amounts as the University Superintending Engineer (whose decision in writing shall be final) may decide of the said estimated cost of the whole work for every day that the due quantity of work remains incomplete. Provided always that the total amount of compensation to be paid under provision of this clause shall not exceed 10 percent of the estimated cost of the work shown in the tender. University Superintending Engineer, should be the final authority in this respect irrespective of the fact that the tender is accepted by Chief Engineer, Additional Chief Engineer/ Superintending Engineer/ University Executive Engineer of Assistant Engineer/Sub- Sub-Divisional Engineer. Action when whole of Security Deposit is forfeited. a) b) c) Clause 3 :- In any case in which under any clause or clauses of this contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of his Security Deposit (whether paid in one sum or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the University Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the University Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the University Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the University Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the University Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the University Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor remains Clause 5 :- In any case in which any of the liable to pay powers conferred upon the Executive Engineer by compensation if action not taken under clause Clause 3 and 4 hereof shall have become exercisable and the same shall not been exercised, the non-.

Clause 2. The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with, all due diligence (time being deemed to be of the contractor) and the contractor shall pay as compensation an amount as the University Superintending Engineer (whose decision in writing shall be final) may decide, of the amount of the estimated cost of the whole work as shown by the tender for every day that work remains uncommenced, or unfinished, after the proper dated. And further to ensure good progress during the execution of the works, the contractor shall be bound in all cases, in which the time allowed for any work exceeds one months to complete. The Programme for completion + 1/4 of work is attached in form 1/3 of bar chart on page No. . the time limit ½ of work in 1/2 of the time limit ¾ of work in 3/4 of time limit Full work [(12) Twelve month] in full time limit +Note :- The contractor is supposed quantity of work to carry out be done within a particular time to be specified above shall be fixed by the work officer competent to accept the contracts after taking into consideration the circumstances of each case and keep inserted in the progress as per bar chart on page No. . The contractor should complete blank space kept for the work as per phase period given below, which is arrived from purpose and abide by the bar chart. The programme of details process detailed progress laid down by the University Executive Engineer. The following proportion will usually be found suitablesuitable :- 1/5, 2/5, 3/4 of total value of the work to be done in 1/4, 1/2, 3/4 of the time Reasonable progress of earth work 3/10, 4/10, 9/10 of total value of the work to be done. In ¼ time -25% Reasonable progress of masonry work ½ time- 50% of work 3/4time -75% of work 60 Days (60 Days including Govt. Holiday & Monsoon Period ) . 100% of work., In the event of the contractor failing to comply with these conditions he shall be liable to pay as compensation an amount equal to one percent, or such smaller amounts as the University Superintending Engineer (whose decision in writing shall be final) may decide of the said estimated cost of the whole work for every day that the due quantity of work remains incomplete. Provided always that the total amount of compensation to be paid under provision of this clause shall not exceed 10 percent of the estimated cost of the work shown in the tender. University Superintending Engineer, should be the final authority in this respect irrespective of the fact that the tender is accepted by Chief Engineer, Additional Chief Engineer/ Superintending Engineer/ University Executive Engineer of Assistant Engineer/Sub- Sub-Divisional Engineer. Action when whole of Security Deposit is forfeited. a) b) c) Clause 3 :- In any case in which under any clause or clauses of this contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of his Security Deposit (whether paid in one sum or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the University Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the University Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the University Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the University Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the University Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the University Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor remains Clause 5 :- In any case in which any of the liable to pay powers conferred upon the Executive Engineer by compensation if action not taken under clause Clause 3 and 4 hereof shall have become exercisable and the same shall not been exercised, the non-.

Clause 2. The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with, all due diligence (time being deemed to be of the contractor) and the contractor shall pay as compensation an amount as the University Superintending Engineer (whose decision in writing shall be final) may decide, of the amount of the estimated cost of the whole work as shown by the tender for every day that work remains uncommenced, or unfinished, after the proper dated. And further to ensure good progress during the execution of the works, the contractor shall be bound in all cases, in which the time allowed for any work exceeds one months to complete. The Programme for completion + 1/4 of work is attached in form 1/3 of bar chart on page No. . the time limit ½ of work in 1/2 of the time limit 3/4 of work in 3/4 of the time limit Full work [(05) FIVE month] in full time limit +Note :- The contractor is supposed quantity of work to carry out be done within a particular time to be specified above shall be fixed by the work officer competent to accept the contracts after taking into consideration the circumstances of each case and keep inserted in the progress as per bar chart on page No. . The contractor should complete blank space kept for the work as per phase period given below, which is arrived from purpose and abide by the bar chart. The programme of details process detailed progress laid down by the University Executive Engineer. The following proportion will usually be found suitablesuitable :- 1/5, 2/5, 3/4 of total value of the work to be done in 1/4, 1/2, 3/4 of the time Reasonable progress of earth work 3/10, 4/10, 9/10 of total value of the work to be done. In ¼ time -25% Reasonable progress of masonry work ½ time- 50% of work 3/4time -75% of work 60 Days (60 Days including Govt. Holiday & Monsoon Period ) . 100% of work., In the event of the contractor failing to comply with these conditions he shall be liable to pay as compensation an amount equal to one percent, or such smaller amounts as the University Superintending Engineer (whose decision in writing shall be final) may decide of the said estimated cost of the whole work for every day that the due quantity of work remains incomplete. Provided always that the total amount of compensation to be paid under provision of this clause shall not exceed 10 percent of the estimated cost of the work shown in the tender. University Superintending Engineer, should be the final authority in this respect irrespective of the fact that the tender is accepted by Chief Engineer, Additional Chief Engineer/ Superintending Engineer/ University Executive Engineer of Assistant Engineer/Sub- Divisional Engineer. Action when whole of Security Deposit is forfeited. a) b) c) Clause 3 :- In any case in which under any clause or clauses of this contract the contractor shall have rendered himself liable to pay compensation amounting to the whole of his Security Deposit (whether paid in one sum or deducted by installments ) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the University Engineer on behalf of the Governor of Maharashtra, shall have power to adopt of the following courses as he may deem best suited to the interests of Government. To rescind the contract (of which rescission in writing to the contractor under the hand of the University Engineer shall be conclusive evidence) and in that case the security deposit of the Contractor shall stand forfeited and be absolutely at the disposal of Government. To carry out the work or any part of the work departmentally debiting the contractor which the cost of the work, expenditure incurred on tools and plant, and charges on additional supervisory staff including the cost of work charged establishment employed for getting the departmentally in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of the contract. The certificate of the University Engineer as to all the cost of the work and other allied expenses so included and the value of the work so done departmentally shall be final and conclusive against the contractor. To order that the work of the contractor be measured up and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete, in which case all expenses incurred on advertisement for fixing a new contracting agency, additional supervisory staff including the cost of work charged establishment and cost of the work executed by the new contract agency will be debited to contractor and the value of the work done or executed through the new contractor shall be credited to the contractor in all respects and in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the University Engineer as to all the cost of the work and other expenses incurred as aforesaid for or in getting the unexecuted work done by the new contractor and as the value of the work so done shall be final and conclusive against the contractor. In case the contract shall be rescinded under clause (a) above, the contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed by him under this contract unless and until the University Engineer shall have certified in writing the performance of the such work and the amount payable to him in respect there of and he shall only be entitled to paid the amount so certified. In the event of either of the courses referred to in clause (b) or (c) being adopted and the cost of the work executed departmentally or through a new contractor and other allied expenses exceeding the value of such work credited to the contractor, the amount of excess value shall be deducted from any money due to the contractor by the Govt. under the contract or otherwise. Howsoever or from his security deposit or the sale proceeds thereof provided howsoever, that the contractor shall have no claim against Government even if certified value of the work done departmentally or through a new contractor except the certified cost of such work and allied expenses provided always that whichever of the three courses mentioned in clause (a), (b) or (c) is adopted by the University Engineer the contractor shall have no claim to compensation for any loss sustained by him reason of him having no claim to compensation for any materials, or entered into engagement or made any advance on account of or with a view of the execution of the work or the performance of contract. Action when the progress of any particular portion of the work is unsatisfactory. Clause 4 :- If the progress of any particular portion of the work is unsatisfactory the Executive Engineer shall not withstanding the general progress of the work is satisfactory in accordance with clause 2, be entitled to take action under clause 3(b) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such action. Contractor remains Clause 5 :- In any case in which any of the liable to pay powers conferred upon the Executive Engineer by compensation if action not taken under clause Clause 3 and 4 hereof shall have become exercisable and the same shall not been exercised, the non-.