FORM no. 30-C


(Petty works for which plans or drawings are prepared)




TENDERS are invited for–––––

2. Plans and specifications can be inspected at the office of the undersigned on any working day between the hours of 10 a.m. and 4 p.m. The bill of quantities is reproduced on reverse.

3. Sealed tenders in envelopes endorsed "Tenders for–––––" must be delivered at the undersigned’s office not later than 12 noon on–––––

4. Tenders must be written on printed forms obtainable at the undersigned’s office between the hours of 10 a.m. and 4 p.m. on any working day on payment of 25 Paisa per form.

5. The tender must show clearly the lumpsum tendered for the whole work and in addition the tenderer must state, in the form of a percentage above or below Public Works Departments rates, the rates at which he is willing to accept payment for additions to and deduction for commissions from the work for which he has tendered the lumpsum amount. Failure to comply with these conditions will render the tender invalid.

6. Each tender must be accompanied by a treasury chalan in support of a deposit of earnest money equal in amount to 1 per cent of the lumpsum tendered for the whole work. Tenders which are not accompanied by treasury chalans for the correct amount will nor be considered.

7. The tender shall remain open for acceptance for a period commencing from the date of submission of the tender and ending with the expiry of ninety days from the date fixed for opening of the tenders. If any tenderer withdraws his tender before expiry of the said period the Department may agree to allow such withdrawal but in such a case the earnest money deposited by the tenderer may be forfeited. If the Department does not agree to allow such withdrawal and accepts the tender and the tenderer fails to perform his part of the contract the earnest money deposited by the tenderer shall be liable to be forefeited besides other consequence of breach of contract.

NOTES(1) If subsequent to the submission of the tender any tenderer amends, alters or modifies the contents of his tender which are not acceptable to the Department then for the purposes of this condition the tenderer shall be deemed to have withdrawn his proposal.

(2) If a tenderer who is exempt from furnishing earnest money, withdraws his proposal within the said period he may, in the discretion of the Government of Uttar Pradesh be debarred from tendering for a period of one year reckoned from the date of opening of the tender.

8. Tenders will be opened by the undersigned or his authorized agent at his office on the–––––day of –––––19 , at–––––a.m./p.m.

9. The person whose tender is accepted provisionally must sign the contract within seven days of being called upon to do so, failing which his earnest money will be forfeited and the acceptance of the tender withdrawn.

10. The person whose tender is accepted finally is to commence the work upon the date ordered by undersigned and to complete the same in every respect by the––––.

11. The Government do not bind themselves to accept the lowest or any tender or to give reasons for non-acceptance.


The–––––19 .



Bill of Quantities

Serial no.

Item of work




I/We do hereby tender to execute the whole of the work of––––– more particularly described in drawings nos.––––– (inclusive) and specifications, dated–––––inspected by me/us at the office of–––––––––for the sum of Rupees–––––(Rs. ––––––) and attach herewith a treasury challan for Rs.–––––(Rs.––––––) deposited by me/us in the Treasury at–––––as earnest money which earnest money may be forfeited to the Government of Uttar Pradesh, if I/we fail to sign the contract the form of which I/we have inspected within the time specified in the notice calling for tender.

2. Further for all work which I/we may be required to execute in excess of what is shown in the bill of quantities and for all work I/we may be required to omit although shown in the bill of quantities, I/we tender as my/our rates Rs.–––––per cent above/below the Public Works Department rates current in the district at the time the addition or omission referred to above is ordered.

Signature of tenderer –––––


Date –––––

Signature of witness (1) –––––


Date –––––

Signature of witness (2) –––––


Date –––––



Lumpsum Contract

Form of Agreement

THIS INDENTURE made the–––––––day of–––––––19 . BETWEEN ––––––– (hereinafter called "the Contractor" which expression where the context so admits or implies includes *his/their/its heirs, executors, administrators and assigns) of the one part AND the Governor of Uttar Pradesh (hereinafter called "the Governor" which expression where the context so admits or implies includes his successors-in-office and assigns ) of the other part.

WHEREAS the Governor requires the execution of certain works for––––– (hereafter called "the works") at––––––and has caused drawing (numbered 1 to––––––inclusive) and a general and a detailed specification describing the works to be prepared and same and the Bills of Quantities have been signed by or on behalf of the parties hereto.

AND WHEREAS the contractor has agreed to execute upon and subject to the conditions hereto attached (hereinafter called the "said conditions") the works shown upon in the said drawing and described in general and detailed specifications and the said Bills of Quantities for the sum of Rs.––––––(hereinafter called the "Contract sum").


(1) In consideration of the Contract sum to be paid by the Governor at the time and in the manner set forth in the said conditions the Contractor will upon and subject to the said conditions execute and complete the works.

(2) The Governor will pay the Contractor the Contract sum or such other sum as shall become payable at the time and in the manner set forth in the said conditions.

(3) The said conditions shall be read and construed as forming part of this Contract and the parties hereto respectively shall abide by and observe and perform and comply with the terms, stipulations and agreements therein contained and on their part to be observed, performed and complied with respectively.

IN WITNESS WHEREOF the parties hereto have signed this deed on the dates respectively shown against their signatures.


In the presence of

(1) —————



(2) —————



Signed for and on behalf of the Governor by



In the presence of

(1) —————



(2) —————


Conditions of Contract

In these conditions the following expression have the following meaning :

"Local Officer" means the officer defined as such in Paragraph 263, Chapter XIII, Volume V of the Financial Handbook.

"Head of the Department" means the officer in administrative control of the Department.

"Executive Engineer" means the Executive Engineer, Public Works Department of the Government of Uttar Pradesh for the time being in charge of the––––––– Public Works Department, Provincial Division and "Chief Engineer" means the Chief Engineer of the said Department.

"Contractor" means the person, partners or company contracting with the Employer (as hereinafter defined) by the Indenture of which these conditions form part, and the pronouns "he" and "his" where used in reference in the Contractor shall respectively and in substitution for their ordinary meaning have the meaning-of" "they" and "their" when the Contractor is a partnership : or the meaning of "it and "its" when the Contractor is a body Corporate.

"Employer" means the Governor of Uttar Pradesh and his successors-in-office or assigns.

*In case of the Corporate body its successors and assigns.

"Notice in writing" or written notice means a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address or registered office of the addressee. Any notice so posted shall be deemed to have been received at the time when in the ordinary course of post it would have been delivered.

"Site" means the site of Contract works including any buildings and erections thereon and any land (inclusive as aforesaid) allotted by the Employer or Executive Engineer for the Contractor’s use.

"This Contract" means the Indenture to which these conditions are attached and these conditions and the general and detailed specifications, drawings and Bills of Quantities attached thereto.

2. The Local Officer and Contractor shall sign the drawings and specifications.

3. The Contractor shall provide all things of every sort and kind which may be necessary and requisite for the due and proper execution of the several works included in the Contract according to the true intent and meaning of the drawing and specifications taken together whether the same may or may not be particularly described in the specifications or shown on the drawings, provided that the same are reasonably to be inferred therefrom and in case of any discrepancy between the drawings and specifications, the Local Officer shall decide which shall be followed. The Contractor will within a week of the completion of the works and at his own cost remove from the site of the work, all scaffolding, rubbish, and other materials and restore the ground in good condition. In case of his default the employer will get this done and recover full cost thereof from the Contractor.

4. The contractor shall set out the whole of the works in conjunction with an officer to be deputed by the Local Officer and during the progress of the works, shall, on the requisition of the Local Officer amend any errors which may arise therein, and provide all the necessary labour and materials for so doing. The Contractor shall provide at his own cost all plant, labour and materials which may be necessary and requisite for the works. All materials and workmanship shall be the best of their respective kinds. The Contractor shall leave the work clean and perfect in all respect at the completion thereof.

5. Except with the written permission of the Local Officer the Contractor shall not sublet or assign the Contractor or employ a sub-contractor to carry out any part of the works.

6. The Contractor shall keep constantly on the works a competent agent; and any directions or explanations given to such agent by the Local Officer shall have the same effect as if they had been given to the Contractor.

7. Complete copies of the drawings and specifications, signed by the Local Officer, shall be furnished by him to the Contractor for his own use, and the Contractor shall keep the same or copies thereof on the buildings and in the charge of the Contractor’s agent.

8. The Local Officer shall at all times have access to the works, and the same shall be entirely under his control. He may require the Contractor to dismiss any person in the Contractor’s employ upon the works who may in his opinion be incompletent or otherwise undesirable; and the Contractor shall forthwith comply with such requirement.

9. The Contractor shall not vary or deviate from the drawings or specifications or execute any extra work of any kind whatsoever without permission in writing of the Head of the Department.

10. If deviations from the drawing or specifications or the execution of any extra work of any kind whatsoever be found necessary, the Local Officer shall obtain from the Contractor a lumpsum tender of the cost of such deviations or extra work and the Contractor shall submit with the tender priced bills of quantities showing how the lumpsum tendered by him has been arrived at. He shall show clearly what work is to be executed over and above the work covered by the Contract and what work included in the Contract is to be omitted. His tender shall be arrived at by deducting the total value of the proposed omission from the total value of the proposed additions. The rates used by the Contractor in pricing his bills of quantities shall be those quoted by him in paragraph 2 of his tender. The Local Officer shall obtain the sanction of the Head of the Department to the aforesaid deviations of extra work and to the addition to the original Contract sum of the price tendered by the Contractor before such deviations of extra work is put in hand and no authority given by the Head of the Department for such alteration in the Contract sum shall vitiate the Contract.

11. All works and materials brought and left upon the site of the works by the Contractor or by his orders for the purpose of forming part of the works, shall be treated as the property of the Employer; and the Contractor shall not remove the same from the site or permit the removal thereof, without the special licence and consent in writing of the Local Officer, but the Contractor shall nevertheless be solely responsible for the loss or destruction thereof and for all damage which may happen thereto by theft, fire, transport or any other cause whatsoever.

12. The Contractor shall, if so required by the Local Officer, remove from the premises all materials which in the opinion of the Local Officer are not in accordance with the specification; and in case of default, the Local Officer may employ other persons or remove the same, without being answerable or accountable for any loss or damage that may be caused by such removal. The Local Officer may also require the Contractor to substitute other proper materials and in case of default, the Local Officer may cause the same to be supplied and all costs which may attend such removal and substitution shall be borne by the Contractor.

13. If in the opinion of the Local Officer any of the works has been executed with improper materials or defective worksmanship the Contract shall, when required by the Local Officer forthwith re-execute the same, and substitute proper materials and workmanship, and if the Contractor fails to do so within seven days after having been so required the local Officer may employ other persons to re-execute the work; and the cost thereof including substitution shall be borne by the Contractor.

14. The Contractor shall at his own cost amend and make good any defect shrinkage or other faults in the works appearing within six months after its completion, and caused by defective or improper materials or workmanship, unless the Local Officer decides otherwise; and in case of default, the Employer may recover from the Contractor’s deposit account or other money due to him the cost of making good any such defects or faults in the works.

15. The Contractor shall during the progress of the works be in full charge of the same and shall be solely responsible, for and shall make good all injuries, damages and repairs occasioned to the same by fire or any other cause whatsoever and he shall save the Employer harmless from any claims for injuries to persons or for structural damage to property happening from any neglect, default, want of proper care or misconduct on the part of the Contractor or of any one in this employ, during the execution of the works.

16. The Local Officer shall have power to send workmen upon the premises to execute fittings and other works not included in the Contract, and the Contractor shall afford every reasonable facility to such workmen during ordinary working hours for the same. Such operations shall be carried on in such a manner as not to impede the progress of the work included in the Contract, and the Contractor shall not be responsible for any damage which may happen to, or be occasioned by the execution of any such fittings or other works.

17. Upon receipt of an order from the Local Officer the Contract shall immediately commence work and shall complete the whole in every respect, including all such additions and variations as aforesaid but excluding such, if any, as may have been postponed by an order from the Local Officer on or before the————————————; and if from any cause whatever, other than wilful obstruction or default on the part of the Local Officer or any persons acting under his order and except as hereinafter provided the whole of such work shall not be finished to the reasonable satisfaction of the Local Officer within the said period the Contractor shall forfeit and pay to the Employer by way of ascertained and liquidated damages for each default, the sum of Rs.———per day for every complete day of such default, the total amount of damages not exceeding Rs.————and the employer may deduct such damages from any moneys due or which may become due to the Contractor :

Provided nevertheless that if the Contractor shall be of the opinion that the is entitled to any extension of time on account of the works being altered, varied or added to or on account of any delay by reason of any inclement weather or other causes not under the control of the Contractor or in consequence of orders from the Local Officer which orders he is hereby empowered to give, then, in any or either of such cases, the Local Officer may by an order in writing extend the aforesaid period for final completion by such period or periods as he shall deem reasonable; and the Contractor shall complete the works within such extended period or periods as aforesaid, provided that the Contractor shall not be entitled to any extension of time unless he shall, within fourteen days after the happening of the event in respect of which he shall consider himself to be so entitled, give to the Local Officer written notice of such claim for extension of time and of the ground or grounds, and of the amount thereof, unless in any case, the Local Officer shall, in his discreation, dispense with such notice and certify for an extension of time. It an extension of time is not granted the provisions of the clause concerning the payment of damages for delay shall apply if the works are not completed within the extended time.

18. If the Contractor shall become bankrupt, or compound with, or make any assignment for the benefit of his creditors or shall suspend or delay the performance of his part of the Contract (except on account of causes mentioned in clause 17 or in consequence of not having proper instructions for which the Contractor shall have duly applied), the Local Officer may give to the Contractor or his assignee, or trustee, as the case may be, notice requiring him or them to proceed with the works and in case of default on the part of the Contractor or his assignee or trustee, as the case may be, for a period of seven days, it shall be lawful for the Local Officer to enter upon and take possession of the works, and to employ any other person or persons to carry on and complete the same, and to authorize him or them to use the plant, materials and property of the Contractor upon the works; and the Contractor or his assignee or trustee shall pay the costs and the charges incurred in any way in carrying on and completing the said works, or the Local Officer may set off the same against any moneys due or to become due to the Contractor.

19. The Contractor shall be paid on the completion of each calendar month commencing from the——————a sum of 75 per cent of the total value of the work done since the last payment. When the works shall be completed, the Contractor shall be paid a sum of 75 per cent of the total value of the work done since the last payment and 15 per cent of the total value of the work done according to the best estimate of the same that can be made so that the total amount of payments made up-to-date may be 90 per cent of the total value of work done. The Contractor shall be paid the balance of all moneys due or payable to him under or by virtue of the contract within six months from the completion of the works. Provided always that no final or other certificate will cover or relieve the Contractor from his liability under the provisions of clause 13 whether or not the same be notified by the Local Officer at the time of or subsequently to the granting of any such certificate.

20. A certificate of the Local Officer, Consulting Engineer or Executive Engineer as the case may require or an award under provisions of clause 26 showing the final balance due or payable to the Contractor shall be conclusive evidence of the works having been duly completed, but without prejudice to the liability of the Contractor under clause 13.

21. If at any time after the commencement of the work the Employer shall for any reason whatsoever not require the whole thereof, as specified in the tender to be carried out, the Local Officer may stop any such part of the work and shall give notice in writing to that effect to the Contractor. The value of any work so stopped shall be calculated as provided in clause 10 and shall be deducted from the Contract sum, and the Contractor shall have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full, but which he did not derive in consequence of the full amount of the work, not having been carried out neither shall he have any claim for compensation by reason of any alteration having been made in the original specifications, drawings, designs and instructions, which shall involve any curtailment of the work as originally contemplated.

22. The work shall be open to inspection by the Executive Engineer——————————, Provincial Division and his duly authorized Assistant Engineer at all times.

23. The Contractor shall give at least one week’s notice to the Executive Engineer so that he or his duly authorized Assistant Engineer may inspect the work—

(a) when foundation trenches have been dug and before filling is commenced.

(b) when foundation concrete has been laid and before masonary is started;

(c) when roof is being put on, and

(d) when the work has been completed.

This notice to the Executive Engineer shall be sent by the Contractor through the Local Officer and a copy of the notice shall also be sent by the Contractor direct to the Executive Engineer by registered post.

The Contractor shall, if so required, dismantle and rebuild free of charge any portions of works carried out in such a way as to prejudice the Executive Engineer’s inspection at stages mentioned in clause 23 (a) and (b).

24. The Contractor will, one week before starting the work, deposit a security of————————thousand rupees in cash or Government Promissary Notes for the due performance of the terms and conditions herein binding on him and for the completion of the Contract in accordance with the terms of this Contract. Any sum due to the Employer under any condition herein settled shall be recovered by him from this amount and the Contractor shall within fifteen days of a written notice by the Employer to that effect make good the deficiency so caused in default of which the employer may cancel the Contract. Three months after the due completion of the Contact the security amount shall be refunded to the Contractor.

25. If the work is held up for more than a fortnight on account of delay by the Executive Engineer in inspecting the work at any of the stages mentioned in clause 23, the Contractor shall report the matter to the Local Officer who shall extend the time for the completion of the work if it is at stage (a) or (b) mentioned in clause 23 but shall permit the Contractor to proceed with the work without waiting for the Executive Engineer’s inspection if is at stage (c) mentioned in clause 23.

(Clauses 22, 23 and 24 should be deleted if the Contract is for petty work).

26. Any dispute or difference between the parties hereto as to the rights or liabilities of the parties hereto or as to any matter or thing whatsoever arising under this Contract concerning its construction whether such dispute or difference arises during the continuance of this Contract or after its determination by completion or breach or otherwise howsoever shall be referred to an arbitrator who will be the Chief Engineer, Public Works Department, Uttar Pradesh or his nominee not below the rank of a Superintending Engineer. The decision of the arbitrator shall be final and binding on both the parties and upon every such reference the costs of and incidental to the reference, and arbitration respectively shall be in the discretion of the arbitrator, who will determine the amount thereof and shall by direct whom and to whom and in what manner the same shall be borne and paid. The arbitrator may from time to time with the consent of the parties, enlarge the time for making and publishing the award.

27. The Contractor shall, without prejudice to the rights of the Employer, under the Workmen Compensation Act, 1923, pay to the Employer the amount of any compensation or otherwise which the Employer may be called upon to pay under any provision of the Workmen’s Compensation Act, 1923, or any statutory modification thereof in respect of any accident to any workman arising out of and in the course of his employment by the Contractor, his workmen, servants or agents, or by any sub-contractor from him in the execution of the works. The Employer shall be at liberty to recover such amount or any part thereof by deducting it either from the security money deposited by the Contractor or from any sum due or which may become due by the Employer to the Contractor whether under this Contractor or under any other account.

The Employer shall not be bound to contest any such claim made against him unless the Contractor makes a request for the same in writing and gives full security for all costs to which the Employer might become liable in contesting the claim.