Amendment status not verified — confirm the current text below against the official source.
(a) The contractor shall be responsible, for loss or damages to any material issued to him by the department from any cause whatsoever. In case of materials such as cement, paint or any other commodity issued to the contractor by the Engineer-in-charge for use directly on the aforesaid work or manufacture of materials required in connection therewith is not utilized for the purpose for which it is issued and is otherwise disposed of by him or spoiled, or lost or allowed to get deteriorated or used in excess of the quantity actually required to be used as per specifications herein stipulated or those fixed by the Engineer-in-charge the cost of such quantity of that materials shall without prejudice to other rights and remedies available to Board be recoverable from the contractor at double the rate at which it is agreed to be supplied to the contractor. (b) The recovery from contractor for the material consumed in excess or short of the theoretical requirements as per specifications herein stipulated or otherwise fixed by Engineer-in-charge other than the variation to be regulated by the preceding clause. Such variation shall be dealt with as under. A. For excess consumption of material. (i) Up to 5% (five percent). No action is called for. (ii) Above 5% (five percent). The recovery will be made for the excessive consumption of materials at penal rates, i.e. double the rate at which it is agreed to be issued. Regarding further action to be taken against the contractor the matter is left to the discretion of the Executive Engineer Incharge who will bring such cases to the notice of the ______________________ Engineer whose decision in all such cases shall be final. PDF created with pdfFactory trial version www.pdffactory.com B. For shot consumption of material (i) Up to 5%. The recovery of cost of materials thus saved shall be made from the contractor at the issue rates. (ii) Less consumption be more than 5% (i.e. above 5%). The rate of items of work involved shall be reduced. If it is not possible to determine the exact items on which less material has been used, the cost of materials shall be recovered from the contractor at the issue rates. The Executive Engineer reserves the right to take any other deterrent action which he deems fit against the contractor. In case where the items of work become non-schedule, and non-agreement due to less consumptions of material, the Executive Engineer may sanction such non-schedule and non-agreement rates up to the power of his technical sanction of original works viz, Rs. _____________________ and where large amounts are involved the rate as per standing order shall be got approved from the higher competent authority. It shall also be left to the discretion of the Executive Engineer to determine whether the stability of the structure is effected adversely due to the less consumption of materials and in case he feels that it is likely to be so, the Executive Engineer-in-charge shall reject the work and decision of the ____________________ in such matters shall be final.