Po 4400015394 JPL
Po 4400015394 JPL
Po 4400015394 JPL
Dear Sir,
We are Pleased to award the Contract for Hiring of HEMM for EXCA.&TRANS. OF COAL/OB at Gare Plama IV/I Mine Jindal Power Limited,
Tamnar, Raigarh, C. G. on firm price basis as per below mentioned Terms and Conditions.
SNo Item Code Description of Material Qty UOM Net Price Net Amount
10 SHiring of HEMM for EXCA.&TRANS. OF COAL 1 AU 84,830,000.00 84,830,000.00
Basic Price : 84,830,000.00
Tax : NDT-CGST SGST 18% - IP FI Tax (Services)
Delivery Date : 30.06.2022
OB/Coal including
maintenance of face, haul road, water spraying and
dozing for fly ash
covering
1 300000240 Hiring of HEMM for ADDI. LEAD OF TRANSPO 1,000,000 M3 5.00 5,000,000.00
Hiring of HEMM for transportation dumping, dozing of
OB/Coal including
maintenance of face, haul road, water spraying and
dozing for fly ash
covering
Gross Price: 5.00
SAC CODE :
TAX CLASS . : 0 (Taxable under GST)
IN: Central GST - ND 9 IN: State GST - ND 9 900,000.00
40 Hiring for ADDI. LEAD Of 2 Km 1 AU 5,000,000.00 5,000,000.00
Basic Price : 5,000,000.00
Tax : NDT-CGST SGST 18% - IP FI Tax (Services)
Delivery Date : 30.06.2023
Please check the Bank details as mentioned above and revert immediately in case of any deviation.
Terms of Payment :
95% along with 100% taxes and duties shall be released within 30 days of submission of monthly invoices raised for the executed qty duly
certified by EIC.
Balance 5% shall be released after due adjustment if any after reconciliation at the end of the financial year.
97% payment shall be released within 15 days of submission of monthly invoices raised for the executed qty duly certified by EIC and the
3% retention shall be released after every 6 month on rolling basis
Ash Back filling with OB including water sprinkling per MT Included above
Diesel Free issue as per above norm in JPL scope
Procurement of Explosives In JPL Scope
Drilling Cost Included above
Explosive Charging In Contractor Scope Manpower in Contractor scope, Blasting machinery/ Charging material to JPL Scope
Contract Period 5 Years
Registered Office:Jindal Power Limited,Tamnar - 496107,District:Raigarh,Chhattisgarh
Corporate Office:Jindal Centre,12,Bhikaji Cama Place,New Delhi:110066,Phone:26188360,Fax:26161271,41659152
E-Mail: info@jindalpower.com, Website : www.jindalpower.com
Page 5 of 23
JINDAL POWER LIMITED
Village - Dongamouha, District: Raigarh (C.G.) - 496108 MMC/F/011
Phone : 07767 302000 Fax : 07767 281993 Ver. : 1 (02.08.2022)
CIN NO : AMENDMENT
PURCHASE ORDER
Order No. : 4400015394
Order Date : 24.02.2022
Suitable land for Office, Workshop, Garage, Canteen, Labour/Staff accommodation with light & Drinking water facility In JPL Scope
*The above prices are exclusive of GST and applicable upto a depth of 70 Mtr.
Drilling & Explosive Charging- Drilling and Manpower in Contractor Scope, Explosive Supply and Blasting Supervision in JPL Scope
Electricity Charges- Electricity Charges shall be debited to the Vendor @ Rs 3/- per Kwh+ Applicable duty
ANNEXURE 1
Scope of Work for Excavation & Transportation of Coal/Overburden
1. Scope: Overburden / Coal excavation, loading, transportation, dumping, dozing, water sprinklers drilling of hard rock coal. The work
involves excavation of various materials (consists of top soil, blasted rock/coal etc) loading, transportation dumping, leveling at the dump site
(at the places to be shown by the Agent / Manager In-charge) by using machines and not manually. Dozing of fly ash of power plant & Water
Sprinkling at overburden dump as per directives and guidelines of project in charge
2. All the relevant Mines Act, Regulation, Rules and order made thereunder DGMS applicable to the Contractors.
A. Agent / Manager In-charge will show the place for dumping, indicate the desired dumping height and accordingly the excavated material
should be dumped. Part of the material may be required for the purpose of filling up of low lying areas and approach roads at the places
indicated by the Agent / Manager In-charge.
B. Lead Distance: The maximum lead distance from the working face to dump place for the above work will be 03 Kms. Beyond this
distance of lead an extra rate Rs 5/- per Cubic Meter would be paid for the quantity so transported.
4. Machinery: Adequate number of machinery shall be deployed by you to carryout excavation given in Clause 2.The machinery deployed
should be Hydraulic Excavators, Bull Dozers, Water Sprinklers, Dumpers, Motor Grader etc, of adequate capacities for the respective
purposes.
Number and type of Hydraulic excavators to be deployed should be commensurate with capacity of the Dump trucks and volume of work.
Matching number of dumpers should be deployed by you to undertake work and to complete the same.
The above equipment shall be deployed in consultation with the Agent / Manager Incharge.
Diesel operated vehicles shall undergo "Emission Test" as per the guidelines of Motor Vehicle Act. Maintenance of machinery shall be done
as per O.E.M. manuals and as per guidelines of the technical Circulars of DGMS. All the machineries deployed in the mines must be
equipped with safety gadgets prescribed by DGMS and all the tests required by DGMS must be performed.
As far as practicable, 90% of the equipment shall be new with back to back service contract with the OEM to guarantee 85% of capacity
Registered Office:Jindal Power Limited,Tamnar - 496107,District:Raigarh,Chhattisgarh
Corporate Office:Jindal Centre,12,Bhikaji Cama Place,New Delhi:110066,Phone:26188360,Fax:26161271,41659152
E-Mail: info@jindalpower.com, Website : www.jindalpower.com
Page 6 of 23
JINDAL POWER LIMITED
Village - Dongamouha, District: Raigarh (C.G.) - 496108 MMC/F/011
Phone : 07767 302000 Fax : 07767 281993 Ver. : 1 (02.08.2022)
CIN NO : AMENDMENT
PURCHASE ORDER
Order No. : 4400015394
Order Date : 24.02.2022
utilization.
All equipment shall be available at the time of deployment without waiting for its arrival. Under extreme circumstances, management may
allow 20% of old equipment (not older than 2 years of it#s use) to meet the fleet requirement including the standby equipment.
Any equipment which is performing below the standard performance criteria or below productivity norms or designed capacity shall be
replaced immediately by the contractor.
To improve efficiency of equipment, latest communication systems like provisions of walkie- talkie sets, etc shall be provided and all
operators shall be trained to observe guidelines.
Top Soil excavated shall be stacked separately and only used as top layer of the OB dumps.
7.1 Transport of explosives from magazines to site of blasting shall be arranged by you with explosives van duly approved by the Controller
of Explosives; along with manual work
involved. JPL shall do the blasting work in Rock & Coal through their competent person. Contractor shall also provide mobile blasting
shelter.
7.2 Road, Ramps and Dewatering etc: Construction & maintenance of haul roads & ramps shall be as per the DGMS permission letter.
Dozing, grading in the Quarry & dumping yards, water spraying at haul roads, face/dumps etc. shall be your responsibility. You shall deploy
adequate number of Bull Dozers, Water sprinklers, and motor graders to take care of all these works. No extra payment shall be made on
this account. Haul roads shall be made to the satisfaction of the Agent / Manager In-charge.
Face dewatering will be done by you. Main sump dewatering will be done by JPL.
Coal haul road preparation, maintenance and water sprinkler shall be done by contractor. Under no circumstances, sub-contractor shall be
allowed for any activity.
7.3 Oil & Lubricants: It will be your responsibility for arranging oils and lubricants etc for your equipment. You should take advance action for
keeping required stocks of oil and lubricants in your possession, safely at site in accordance with environmental norms.
Construction of Oil and Grease traps shall be done so that safe disposal of oil and grease shall be achieved as per the Environ laws.
However, JPL shall procure and supply the diesel and same will be stored in the underground tanks. Diesel will be supplied as per the
norms quoted/mutually agreed. Diesel shall be supplied to machinery engaged in mining activities only and shall not be used for anywhere
else/any other purpose and shall be issued at actual or as per the consumption norms agreed whichever is lesser. (Consumption norm
being the upper ceiling limit)
In-case of any supply shortage of HSD, Contractor shall make his own arrangement during the same period and the cost so incurred shall
be re-imbursed on submission of documentary proof.
7.4 Accommodation & site office etc for Contractor: Project authorities will show vacant land for the establishment of your Camp Office and
other infrastructure facilities needed by you. You shall not occupy any other lands without prior consent. You shall vacate the land as and
when required by JPL.
Construction of labor colony / office etc. shall be as per the guidelines of JPL.
Also the Workshop and heavy vehicle washing effluents shall be treated in the effluent treatment plant in accordance with the guidelines of
EMD JPL.
Electricity shall be provided at one point load at one place near the camp only. You will have to make your own arrangement for further
Registered Office:Jindal Power Limited,Tamnar - 496107,District:Raigarh,Chhattisgarh
Corporate Office:Jindal Centre,12,Bhikaji Cama Place,New Delhi:110066,Phone:26188360,Fax:26161271,41659152
E-Mail: info@jindalpower.com, Website : www.jindalpower.com
Page 7 of 23
JINDAL POWER LIMITED
Village - Dongamouha, District: Raigarh (C.G.) - 496108 MMC/F/011
Phone : 07767 302000 Fax : 07767 281993 Ver. : 1 (02.08.2022)
CIN NO : AMENDMENT
PURCHASE ORDER
Order No. : 4400015394
Order Date : 24.02.2022
distribution at your own cost. Power metering shall be provided at the main board by JPL. Electricity @ Rs. 3 per unit plus applicable
Electricity duty shall be deducted from running bills every month. You are requested to use all safety appliances in detective circuit.
Drinking water shall be provided free of cost by JPL near the Camp office. Raw water for water spraying will be available from mine or from
sump.
8.1 "You shall follow all statutory requirements related to Government Licenses in connection to Workmen Compensation Act, Contract
Labor Regulation Abolition Act. You will observe payment of Minimum Wages Act and other Labour Laws relating to Mining Acts. Workmen
Insurance Act. Etc. at your cost and rules, if any, imposed by local / State/ Central authorities shall also be applicable to you. You have to
ensure equipping all the
working Heavy Earth Moving Machineries with audio-visual alarms, providing safety shoes and helmets to your personnel at your own cost.
You shall ensure provision for all safety equipment, first#aid kits, fire extinguishers etc. to your entire Heavy Earth Moving Machineries. You
will ensure that all your workmen are trained as per Vocational Training Rules. Necessary training facilities will be available at the mine.
Contractor agrees to indemnify JPL against any claims, liabilities and / or costs associated with the defense of claims / liabilities in the event
of such claims/liabilities arising out of or in connection with work performed by Contractor and / or its agents, employees etc. Contractor
agrees to obtain the best possible legal advice / representation of standard acceptable to JPL for any proceedings arising out of or
connected with the services performed by Contractor used and / or skilled / semi-skilled, employees of Contractor including any persons
taken on a part time basis under the scope of this purpose of settling the relevant liability / claim (s) or any judgments / decree passed
against Contractor and / or JPL. Contractor further agrees to reimburse JPL for any expenses or payments made by JPL pursuant to the
spirit and intent of this clause if, JPL at its sole discretion has made any payment or settled any payment or settles any claim arising out of
or in connection with Contractor work.
8.2 The terms & conditions, if any, that will be stipulated by authorities concerned including Directorate of Mines & Safety will made
applicable and the same will form part of Order.
8.3 You will keep us informed about any legal, statutory notices served on you for any non- compliance of statutory of statutory obligations
and addition taken by you to comply with the same.
8.4 The workmen deployed should be medically examined periodically as per provisions of Mining Laws.
And if due to any default of the contractor, the Performance Security BG is encashed by MOC then an equivalent amount of BG shall be
encashed from the above or adjusted in the annual bills.
The penalty will be calculated on the basis of quarterly performance. For this purpose, a quarterly plan will be made with the contractor
jointly.
A. In case your work progress is not found satisfactorily, to keep up the schedule, JPL reserves the right for awarding the balance work
(either whole or in part) to any other party. Balance payments due after adjustment of liquidated damages shall be the only dues from JPL
and it is agreed that Contractor shall not make any form of claim on any other account, including without limitation any claim on account of
Registered Office:Jindal Power Limited,Tamnar - 496107,District:Raigarh,Chhattisgarh
Corporate Office:Jindal Centre,12,Bhikaji Cama Place,New Delhi:110066,Phone:26188360,Fax:26161271,41659152
E-Mail: info@jindalpower.com, Website : www.jindalpower.com
Page 8 of 23
JINDAL POWER LIMITED
Village - Dongamouha, District: Raigarh (C.G.) - 496108 MMC/F/011
Phone : 07767 302000 Fax : 07767 281993 Ver. : 1 (02.08.2022)
CIN NO : AMENDMENT
PURCHASE ORDER
Order No. : 4400015394
Order Date : 24.02.2022
whether arising during the performance of contract or as a result of its termination. The decision of whether or not the work progress is
satisfactory shall be totally at discretion of JPL and shall not be called into question by Contractor.
10 Payment Terms:
10.1 The payment will be made for the work done within 30 days , against submission of
R.A. Bills duly certified by project authorities of JPL, after deduction for installment of any advance made , materials supplied by Company
and payment made directly JPL as specified in Paras 7,8,9,&12.
10.2 The measurement of work done would be based on survey conducted by our Surveyor and such measurement would be certified by
the Mine Surveyor and countersigned by Project Authorities of JPL. You may depute your representative to witness the survey and
measurement.
10.3 Penalties as described in Para 9.0 will be deductible from normal payment accruing to the Contractor and shall not be refundable.
10.4 "The decision of the Project authorities and / or mine Surveyor shall be final and shall not be questioned by Contractor either in terms of
the measurement, mode of measurement or on any other ground."
Materials or minerals other than coal of any kind obtained from excavation on the site shall be remain the property of the Company (JPL).
These include fossils, coins articles of value or antique, structure and things of Geological or Archeological interest, discovered on the site.
Income Tax deduction will be made as per IT Act and as per rules as mentioned by Government authorities from time to time.
Coverage of Insurance: You shall take insurance coverage for all the equipment deployed at our site under Contractor#s plant & Machinery,
Machinery Breakdown Policy , Motor Vehicle Insurance (Under Motor Vehicle Act), so that any losses can be claimed by you from Insurance
company , which will ensure your economic stability.
13 Notwithstanding anything mentioned above / herein, JPL reserves the right to terminate the order without assigning any reason, if JPL is
of the opinion that the works are not being conducted / carried out to its satisfaction and JPL will be the sole judge in this regard. One month
notice shall be given in such a case.
Due to imposition of any law / change in law by Government, if the work has to be stopped, the work will be terminated and payments will be
made only for the portion of the works executed to the satisfaction of JPL.
14 Adequacy of equipment:
You will also deploy adequate number of auxiliary equipment to ensure safety on roads and working places.
It may please be noted that leveling of soil heaps at dumping yards will be done with Bull Dozers only and no normal manual leveling will be
permitted.
Mine Closure Activity: The contractor shall be responsible for progressive Mine Closure Activities like technical reclamation as per the
Approved Mine Closure Plan. In this regard, any guidelines or suggestions issued from Coal Controller Organisation, DGMS, MOC or its
monitoring agency may be adhered to.
15 You will maintain peace and harmony with local people and local Administration. No dispute should remain unresolved, which may affect
the reputation of Jindal Power Limited.
16 Arbitration Clause: In the event of any dispute, it will be settled as per the provisions of The Arbitration & Conciliation Act 1996,
Arbitration awards shall be binding on both the parties and cannot be challenged in the Court of Law.
17 If any of the clauses of this document is proved to be illegal or unenforceable, the parties shall negotiate in good faith and do all things
within their powers, reasonably necessary to give effect to the spirit and intent of the parties set out in this order to be in full force and effect.
18 Waiver: None of the terms & conditions of this document shall be deemed or construed to have been waived by either of the parties
unless such waiver is set forth in a written instrument signed by the duly authorized representative of such party.
19 You shall not deploy any Sub-Contractor or Sub Contract any job without discussing with Project Authorities of JPL.
20 Notice: Any notice or communication to be given pursuant to this document shall be in writing and shall be sufficiently given if delivered
by registered ,internationally recognized overnight courier services, hand delivery or facsimile addressed as set forth below:
AVP (Materials & Contracts) M/s Jindal Power Limited,
O.P.Jindal Super Thermal Power Plant, Tamnar , Raigarh (C.G.)-496107
Tel- 07767-302000
Fax- 07767-281991
21 The lead will be 03 Km and maximum depth of the quarry would be 70 Mtr
22 Crawler mounted drill machine should be deployed for drilling and wet drilling to be adopted.
23 Three shifts rotational system of working is to be adopted and duration of the shift should be 08 hours. All the workers to be given weekly
day off rest.
24 The entire machine deployed in the mine must be equipped with safety features recommended by DGMS and all recommendations of
the DGMS are to be strictly followed.
25 Face pumping & arrangements for waters sprinkling shall be in the scope of contractors
27 Contractor shall provide equipment for all the preparatory work like monsoon preparation etc. and safety related works at their own cost.
No extra payment shall be done for the same.
29 Newly appointed Workers shall be deployed for regular work only after training and medical examinations. Full day release system for
training shall be strictly followed.
30 Time keeper shall be appointed by the contractors in all the three shifts and all statutory records of pertaining to manpower shall be
properly maintained.
31 Penalties in the following rate shall be imposed in case of accident due to negligence of the contractor/contractor#s deployed
agencies/workers or sub contractors
This will be in addition to the legal compensation paid to the victim by the contractor.
32 Fly ash generated from the Power Plant will be transported to Mine Back Filling Area and disposed into it. The Fly Ash and OB dumped
as per DGMS guidelines. The contractor will follow the rules, regulations & guidelines issued in this regard.
33 The contractor shall deploy sufficient work-force, statutory supervisory staff and officials as per the statutory requirement at all times. All
provisions under the Mines Act#1952, The Mines Rules, 1955 and the Coal Mines Regulations#1957/2017 & related circulars/bye-laws shall
be observed.
Escalation Clause:
No escalation is permitted in any components of the contract price for a period of 5 years.
Wet drilling shall be adopted. Pattern of holes for blasting and other connected parameters will be decided by mutual discussion between
blasting In-charge and Contractor. In case of any difference of opinion, the matter could be referred to higher official / project In-charge.
Annexure 4: Contract Guidelines for Hiring Services Excavators & Transportation of Cola & OB
a) M/S KALLAL LOGISTICS shall be under obligation to maintain, arrange and keep the required numbers of suitable Excavator and
matching Dumpers as listed in Schedule of Equipment covered under Agreement and Hiring Rate at the designated place as assigned to
them at JPL's work site and shall deploy / put to use them in the work of excavation & transportation of overburden based on requirement as
mentioned by JPL
b) Dumping of overburden to the designated place as per the dumping plan decided by FH (Operation), JPL.
c) Further, any leveling required for the movement of HEMM such as Excavator, Hauling equipment etc within the working area, will be
under the scope of M/S KALLAL LOGISTICS
d) Formation and maintenance of benches, berms & faces, ramps, access trenches in such manner that it is safe for smallest and largest
size of HEMM working in the mine for the purpose.
1.2 Contract Period:
The contract shall be valid for a period (herein after referred to as "Term"), subject to early termination under this Contract or in terms of
Clause 9 or by law.
JPL shall have right to extend the validity period of this Contract for a further period beyond the Term of the Contract. For any extension M/S
KALLAL LOGISTICS must submit a request in writing to JPL in advance which shall be at least three (3) months prior to completion of Term.
Any such extension will be notified to M/S KALLAL LOGISTICS at least one (1) month prior to the expiry of Term with same terms and
conditions or other mutually agreed written terms and conditions.
1.3 Target & Penalty:
I. M/S KALLAL LOGISTICS shall be under obligation to deploy adequate numbers of tippers and excavators to achieve the target of
excavation and removal of over burden (top soil/ sub-soil).
II. JPL reserves the right to increase the above mentioned quantity with same rate and terms & conditions with intimation to M/S KALLAL
LOGISTICS Alterations in the quantities shall not be considered as a change in the conditions of the Contract nor invalidate any of the
provision thereof provided that a revised work order for the item/items involved is issued.
III. The monthly target shall be communicated by the Head of Mines of JPL five (5) days prior to start of the month and -M/S KALLAL
LOGISTICS shall accept/ acknowledge the same duly signed by the authorized person of M/S KALLAL LOGISTICS JPL at its own
discretion reserves the right to fix the target as required.
IV. M/S KALLAL LOGISTICS shall remove and transport the OB in accordance with the instructions given to him in writing by Head of Mines
or his representative on behalf of the JPL. Such altered or additional target/quantity, which shall form part of the original Contract, shall be
carried out by the M/S KALLAL LOGISTICS on the same terms and conditions in all respects and at the same rate/rates as are specified in
Registered Office:Jindal Power Limited,Tamnar - 496107,District:Raigarh,Chhattisgarh
Corporate Office:Jindal Centre,12,Bhikaji Cama Place,New Delhi:110066,Phone:26188360,Fax:26161271,41659152
E-Mail: info@jindalpower.com, Website : www.jindalpower.com
Page 11 of 23
JINDAL POWER LIMITED
Village - Dongamouha, District: Raigarh (C.G.) - 496108 MMC/F/011
Phone : 07767 302000 Fax : 07767 281993 Ver. : 1 (02.08.2022)
CIN NO : AMENDMENT
PURCHASE ORDER
Order No. : 4400015394
Order Date : 24.02.2022
the Contract.
V. In the event of any variation in scope being ordered which in the opinion of the M/S KALLAL LOGISTICS changes radically the original
scope and nature of the Contract, M/S KALLAL LOGISTICS shall in under no circumstances suspend the work, either original or altered or
substituted and the dispute/ dis-Contract as to the nature of variation shall be resolved separately with the JPL.
2.4 HSD Norms: M/S KALLAL LOGISTICS shall be under obligation to monitor the consumption of the HSD for its optimum utilization. The
excess HSD consumed by M/S KALLAL LOGISTICS during performance of Services than the table given below shall be on account of M/S
KALLAL LOGISTICS M/S KALLAL LOGISTICS shall be liable to return/adjust the excess quantity received by M/S KALLAL LOGISTICS
from JPL based on daily estimated production. In the event of failure on part of M/S KALLAL LOGISTICS JPL shall have right to deduct the
procurement cost of excess HSD plus 10% towards administrative expenses from any amount payable to M/S KALLAL LOGISTICS M/S
KALLAL LOGISTICS will lift the eligible quantity of HSD from store premises of JPL. The norms of HSD shall be as per TABLE-1 as under:
TABLE-1
Rate (in Rs./Cum) for both OB & Coal as per above scope
statute.
VIII. M/S KALLAL LOGISTICS is required to provide details of wages paid for last month to Manager IR by 3rd of the month as per the
format prescribed by Head HR/IR.
IX. All payment shall be made to M/S KALLAL LOGISTICS by mode of Account payee cheque/ Net-banking / NEFT/ RTGS.
X. Bank Charges applicable, if any, shall be in Vendor's Account.
XI. If the additional or altered target includes any class of work for which no rate/rates is/are specified in the Contract, rates for such items
shall be determined by the JPL.
X. M/S KALLAL LOGISTICS shall deploy adequate work men and competent person with permission of JPL to perform the activities in this
contract satisfactorily in accordance with the various provisions / Rules under the applicable laws.
XI. If M/S KALLAL LOGISTICS fails where obliged pursuant to Clause 4-VI to correct the error or defect in the required timeframe, JPL
reserves the right to invoke the Performance Default procedure set out in Clause 9.2.
XII. M/S KALLAL LOGISTICS shall not use or permit to the equipment to be used or operated in a manner contrary to the purpose of work
or any statutory provision or regulation or in any way contrary to the law inside the premises of JPL.
XIII. M/S KALLAL LOGISTICS shall ensure compliance of all environmental related laws in their camp/ premises located inside the mines
area in consultation with the environment officer of JPL. For any non compliance and deviation/ penalty on this account, M/S KALLAL
LOGISTICS will be held responsible and compensate JPL accordingly.
XIV. M/s M/S KALLAL LOGISTICS shall ensure compliance of hazardous waste permission obtained by JPL and dispose off the Burnt oil,
cotton waste and filter as per the hazardous waste rule-2016 and guidelines of the permissions.
XV. Quality : M/S KALLAL LOGISTICS will took all precaution like cleaning of coal face before drilling and engaged face pumps to supply
dry coal & avoid mixing of coal and OB and follow the instruction of JPL Mine in charge in this regards.
XVI. M/S KALLAL LOGISTICS shall ensure compliance of all environmental related laws in their camp/ premises located inside the mines
area. For any deviation/ penalty on this account, M/S KALLAL LOGISTICS will be held responsible and compensate JPL accordingly.
XVII. M/S KALLAL LOGISTICS shall ensure that the dumper / tipping truck shall be loaded only up to the maximum carrying capacity and
shall not be overloaded under any circumstances.
XVIII. Material of any kind obtained from excavation/removal on the site shall remain the property of the JPL. All fossils, coins, articles of
value or antiquity, structure and other remains or things of Geological or archaeological interest, discovered on the site shall be the absolute
property of the JPL. M/S KALLAL LOGISTICS shall immediately upon discovery thereof, and, before removal inform JPL.
XIX. M/S KALLAL LOGISTICS shall render the Services in accordance with the Contract and shall ensure that the work conforms strictly to
the instructions of the JPL. JPL may issue from time to time further detail instructions/directions in writing to M/S KALLAL LOGISTICS. All
such instructions/directions shall be consistent with the Contract and should be reasonably inferable there from, along with clarifications /
explanations thereof, if necessary.
XX. M/S KALLAL LOGISTICS undertakes to meet out the spare, maintenance, lubes and fuel expenses for its fleet/ equipment's on its own
and will not get any reimbursement of the same from JPL of whatsoever kind.
XXI. M/S KALLAL LOGISTICS and its subcontractor will abide by all conditions and commitments made by the allotted i.e Jindal Power Ltd
in relation to the mining activities in Gare palma IV/1 while accepting and signing the CMDPA document with Ministry of Coal.
IX. M/S KALLAL LOGISTICS shall follow all the provisions under Contract Labour Act 1970.
X. M/S KALLAL LOGISTICS shall follow the Chhattisgarh Govt. guideline regarding employment pattern.
XI. M/S KALLAL LOGISTICS shall ensure that all the workers must registered their punching in the bio-metric machine provided by JPL. If
any worker found to be working without punching registration, then penalty of Rs.2000/- per case per shift shall be recovered from M/S
KALLAL LOGISTICS.
XII. All the registration for punching in the biometric machine for workers shall be done by JPL representative only.
XIII. M/S KALLAL LOGISTICS shall be held responsible for the observance bio-metric machine provided by JPL, any lapses in this regards
shall attract penalty @ Rs.1,000/- per day from M/S KALLAL LOGISTICS.
XIV. At the start of the shift within one hour, M/S KALLAL LOGISTICS must submit manpower deployment list as per format provided by JPL
at time office along with the Machine deployment list.
XV. M/S KALLAL LOGISTICS shall ensure that all the statutory documents like VT, IME, Driving license, Aadhar card of the contractual
labour needed to be verified by IR & safety dept. respectively, before engaging them at site.
XVI. M/S KALLAL LOGISTICS shall produce all the statutory document relating to contract labour like Insurance, wage sheet, muster roll,
employment card etc as and when required by, failing which appropriate action shall be taken as deemed fit.
XVII. In the event M/S KALLAL LOGISTICS deploys any sub-contractor, M/S KALLAL LOGISTICS. shall obtain prior written consent from
JPL before such deployment, M/S KALLAL LOGISTICS shall be solely responsible and liable for its employees, workers, sub-contractor
engaged by M/S KALLAL LOGISTICS. and JPL shall not be liable under any circumstances towards non-compliance of aforesaid
statutory requirements by M/S KALLAL LOGISTICS.
XVIII. M/S KALLAL LOGISTICS shall ensure that all its personnel and sub-contractors shall comply with local and site specific acts, rules
and regulations applicable to his scope of work and amendments during the subsistence of this Contract.
XIX. No manual workers shall be engaged by the M/S KALLAL LOGISTICS for loading/ unloading of the truck/dumper, under any
circumstances whatsoever.
6 JPL's Obligations:
I. JPL shall ensure adequate size of space is provided for rest and maintenance of the equipment to M/S KALLAL LOGISTICS and M/S
KALLAL LOGISTICS shall use the space only in connection with the Contract. However, any such allotment shall not confer any right on
M/S KALLAL LOGISTICS.
II. JPL shall monitor and supervise the performance of Services under this Contract and, where necessary, shall be entitled to make
recommendations to M/S KALLAL LOGISTICS for improving the standard of M/S KALLAL LOGISTICS.'s performance under this Contract.
III. JPL shall provide planning of execution of Service under the Contract one (1) week prior to commencement of each month, during the
Contract period.
7 Insurance:
I. Neither Party excludes or limits the other Party from their respective liability for any unforeseen incidence viz. death or personal injury
caused by its negligence or for any breach of any obligations under the statute.
II. Without prejudice to its liability for breach of contract, M/S KALLAL LOGISTICS shall indemnify JPL fully against all claims, proceedings,
actions, damages, legal costs expenses and any other liabilities in respect of any death or personal injury, or loss of or damage to property,
financial loss, which is caused directly or indirectly by any act, error or omission of his staff.
III. Without prejudice to M/S KALLAL LOGISTICS's obligations, M/S KALLAL LOGISTICS shall effect and maintain with a reputable
insurance company a policy or policies of insurance (public liability, workman compensation, property damage) for adequate sum in respect
of all risks which may be incurred by M/S KALLAL LOGISTICS, arising out of M/S KALLAL LOGISTICS#s performance of the Contract, in
respect of death or personal injury, or loss of or damage to property. Such policies shall include cover in respect of any financial loss arising
from any error or omission by M/S KALLAL LOGISTICS his staff or sub-contractors.
IV. M/S KALLAL LOGISTICS shall produce to JPL's representative, copies of all insurance policies referred to in Clause-7 or a broker's
verification of insurance to demonstrate that the appropriate cover is in place and the extent of the cover given by those policies, together
with receipts or other evidence of payment of the latest premiums due under those policies. All policies shall be presented to JPL annually.
V. M/S KALLAL LOGISTICS shall throughout the term of the Contract supply JPL upon renewal date of relevant policy or polices, a
certificate from its insurers or brokers confirming that M/S KALLAL LOGISTICS#s insurance policies have been renewed and are in force.
VI. In the event of failure on the part of, M/S KALLAL LOGISTICS to give effect to and maintain the insurances required by the Contract, JPL
may make alternative arrangements to protect its interests and may recover the costs of such arrangements from M/S KALLAL LOGISTICS.
VII. M/S KALLAL LOGISTICS shall fully insure the Equipment under comprehensive cover during the period of hire to the full replacement
value thereof. In default of M/S KALLAL LOGISTICS so doing, JPL may insure as aforesaid and recover the cost thereof from M/S KALLAL
LOGISTICS.
Registered Office:Jindal Power Limited,Tamnar - 496107,District:Raigarh,Chhattisgarh
Corporate Office:Jindal Centre,12,Bhikaji Cama Place,New Delhi:110066,Phone:26188360,Fax:26161271,41659152
E-Mail: info@jindalpower.com, Website : www.jindalpower.com
Page 15 of 23
JINDAL POWER LIMITED
Village - Dongamouha, District: Raigarh (C.G.) - 496108 MMC/F/011
Phone : 07767 302000 Fax : 07767 281993 Ver. : 1 (02.08.2022)
CIN NO : AMENDMENT
PURCHASE ORDER
Order No. : 4400015394
Order Date : 24.02.2022
VIII. JPL, in no event, shall be liable/responsible for and accident/damage to M/S KALLAL LOGISTICS's equipment/vehicle/resources.
8. INDEMNIFICATION:
I. M/S KALLAL LOGISTICS shall indemnify JPL against any statutory claim for damage or compensation or demands made by any statutory
authority, any employee or labour either engaged by M/S KALLAL LOGISTICS or by JPL as well as any other third party due to any accident
or damage caused to the property or personal injury or workmen compensation arising on account of negligence or carelessness or abuse
by M/S KALLAL LOGISTICS and /or its representatives / subcontractors.
II. M/S KALLAL LOGISTICS shall indemnify, defend, save and hold harmless JPL (meaning JPL, its officers, employees and agents thereof)
, at its sole expense, any and all suits, proceedings and claims, cost damages##
a) That arise out of M/S KALLAL LOGISTICS's performance under the Contract hereunder including but not limited to errors or omissions,
inadequate or incomplete performance under the Contract, claims for bodily injury or destruction of tangible property
b) For breach by the M/S KALLAL LOGISTICS of any terms and conditions and of any of its obligations contained in the Contract
c) For claims by employees or agents of the M/S KALLAL LOGISTICS relating to their engagement to performance of Contract or the
termination thereof
d) To the extent they were caused due to the negligent act or omission or willful default of M/S KALLAL LOGISTICS or its employees
e) Due to breach by M/S KALLAL LOGISTICS, its employees, agents, Personnel of the confidentiality obligations under the Contract.
III. M/S KALLAL LOGISTICS shall agree to defend, indemnify and hold harmless JPL with respect to any claim arising from the M/S KALLAL
LOGISTICS's actual or alleged act, failure to act, error, or omission in the performance of their obligations under this Contract or any
governing law or regulation including the applicable tax law (GST). Thus, in cases, where M/S KALLAL LOGISTICS has collected applicable
taxes (GST) from JPL and not deposited the same with the Government or any other non-compliance to tax law (by M/S KALLAL
LOGISTICS) due to which, JPL losses the tax credits then the JPL shall recover such losses from M/S KALLAL LOGISTICS along with
applicable interest and penalty from its monthly bills/ any other due.
IV. The M/S KALLAL LOGISTICS hereby covenants to comply with the applicable provisions of GST law, including but not limited to
section-171 of the Central Goods and Services Tax Act,2017 or applicable section of IGST/UTGS/SGST law, and pass on to JPL all the
benefits arising from any reduction in the rate of tax on any supply of goods or services or both or the benefits of input tax credit,
exemptions, concessions, rebate, set off, by way of reduction in the prices of the services/supply/work undertaken by the M/S KALLAL
LOGISTICS as per this Contract.
M/S KALLAL LOGISTICS is unable to restore the service in full within Ten (10) days, JPL has the right to terminate the Contract and Owner
shall refund or reimburse JPL any such Usage charges or other amount paid in advance for the period beyond the date of termination.
VI. Either Party to this Contract may terminate the Contract if other Party's affairs are under liquidation either by a resolution passed by the
company or by an order of court, not being a voluntary liquidation proceeding for the purpose of amalgamation or re-organization, or a
receiver or manager is appointed by the court on the application by the debenture holders of the company, if any.
VII. Suspension of work - JPL shall have power to suspend the progress of the work any part thereof and the JPL may direct M/S KALLAL
LOGISTICS in writing to suspend the work, for such period and in such manner as may be specified therein, on account of any default on
the part of M/S KALLAL LOGISTICS, or for proper execution of the work for reasons other than any default on the part of M/S KALLAL
LOGISTICS, or on ground of safety of the work or part thereof. In the event of suspension for reason other than any default on the part of
the M/S KALLAL LOGISTICS, JPL at its own discretion reserves the right to extend the time equal to the period of such suspension.
IV. General
a) No person/vehicle shall be deployed at any place other than authorized place.
b) All workers should obey lawful instructions of mine management.
c) All drivers shall obey systematic traffic rules prepared by management.
d) Manpower & machineries report of individual shift should be intimated within 1 hour of starting the shift to JPL management.
e) Before deployment of the workers, they must be trained and briefed about safety aspects in opencast mine. However during course of
execution of the work, if any accident occurs whether major or minor, the matter shall have to be immediately informed to mine management
i.e., Colliery manager/ Agent/GM of area so that Notices of accidents in accordance of (Reg. 9 of CMR 1957) and section 23 of Mines Act
1952 may be given and other necessary steps may be taken in accordance of section 23 of Mines Act 1952 & Reg. 9 of CMR 1957 and
other relevant laws.
f) For the compliance of illumination standard as per the statute at OB patch, Mobile Lighting Towers (MLTs) deployed by JPL may require
frequent shifting. M/S KALLAL LOGISTICS has to provide assistance for shifting of the same as and when required, to maintain the safety/
illumination at the respective OB patch.
g) All the safety features of drill machines as per the DGMS & environmental norms to be insured by M/S KALLAL LOGISTICS. Only crawler
mounted drills with all safety features will be allowed in the mine.
11. Confidentiality:
a) Save as may be required by law, (or in order to consult their advisors), the Parties agree that this Contract together with any data or
information supplied to each other or that comes to the attention of either party as a consequence of the Contract, shall be treated as
confidential.
b) Either Party shall not disclose or share the information with any third party without intimating the other party.
c) M/S KALLAL LOGISTICS herein agrees to provide information and render all assistance necessary to assist JPL in meeting its legal
requirements under any of the statute necessitating such requirement.
The penalty will be calculated on the basis of quarterly performance. For this purpose, a quarterly plan will be made with the contractor
jointly.
the period of delay, in such cases the differential shall be on account of the contractor. In case of failure to execute the work within due date,
Security Deposit, if any may be forfeited and JPL reserves the rights to offload the same (complete/ partial) and get it done through other
agencies at the cost and risk of the default contractor.
d. Any intentional delay, or delay due to improper mobilization of men and material for executing the work by Contractor or any
unprofessional attitude of Contractors causing delay, penalty @ 1% of the contract value for each week of delay shall be imposed subject to
a maximum of 10% of the contract value.
e. In case in delay in completion of work due to reasons attributable to Contractor, he is liable to pay the liquidated damages @ 1% of the
Total Order Value, for each completed week of delay or part thereof subjected to a maximum of 10% the Total Order Value.
f. In case of non-performance /continuous poor performances, the contract shall be terminated and the work shall be done by any other
means at Contractor cost and risk. If the price of contract for the balance work shall be higher, the additional amount shall be recovered from
Contractor's security deposit or any dues of this contract or any other contract that the Contractor may have taken in JPL.
g. The Contractor shall be solely responsible for any loss or damage to JPL property during the currency of this contract due to negligence,
fraud etc. on the part of their personnel and will be liable to make the damages in good condition. In case of any JPL material is lost or
damaged during execution of work due to Contractor negligence or wrong workmanship, the cost of the same as per prevailing market rate
plus departmental expenses shall be recovered from Contractor bills.
h. For any accident due to the negligence of the contractor/ contractor's deployed agencies/workers or subcontractors, following penalties
shall be levied.
i. For fatal accident - Rs. 5,00,000/-
ii. For reportable accident (Permanent disability) - Rs. 1,00,000/-
7. Statutory and Labor Regulations:
a. Contractor and his workmen shall abide by all statutory rules and regulations, including but not limited to Contract Labor Act, Workmen's
Compensation Act, Minimum Wages Act, Employee Insurance Act, Group Personal Accident Insurance, Provident Fund Act, and any other
laws, rules and regulations etc. that may be applicable to this type of work, including any licenses like labor license etc. that may be required
to be obtained by the
contractors.
b. Contractor shall comply & maintain all statutory records, registers and displays as required under various labor laws. Any deviation or fine
levied by the Govt. authorities while their inspection will be recovered with penalty from contractor's running bills or security deposit.
c. Coverage under Employee Provident Fund & Miscellaneous Provisions Act is mandatory. You must obtain a new PF Code for all your
workmen and staff from RPFC, Raipur only.
8. Safety, Health & Environment:
a. Contractor and his workmen shall abide by all Safety, Health and Environment rules and regulations of JPL. Any violation of the safety
rule shall be viewed seriously and contractor shall be penalized as per JPL rule.
b. Contractor workmen shall have to obtain Gate pass before commencement of work, which shall be issued only after getting safety training
& guidelines from JPL safety officer and ensuring medical fitness from JPL medical officer.
c. Contractor shall have to ensure minimization of pollution at source through environment friendly processes, techniques.
d. Before starting the work, contractor shall submit detailed work program, milestone of different activities, safety & quality plan and any
other relevant documents required for the work to the Engineer-in-charge for his approval, after which work shall be started as per the
approved program.
e. All safety equipment as per statutory requirements like helmets, safety shoes, safety belts and any other specific safety equipment
required for the work will have to be provided by the Contractor to his manpower and will meet the following quality standards for PPEs;
1. Safety Helmet IS : 2925
Colour Code of the Helmets will be as under :-
Contract Supervisor : BLUE
Contract Workers : YELLOW
Fire Staff : RED
Name and Blood group should be displayed on the front side of helmet.
2. Safety Shoes IS : 15298
3. Safety Belt IS : 3521 (Only Double lanyard and full body harness type safety belt shall be provided by the contractor to their workers while
working at height in plant premises.)
4. Welding Helmet IS : 1179
5. Face Shield IS : 8521
6. Ear Plug/ Ear Muff IS : 9167
7. Rubber Hand Gloves (Electrical) IS : 4770
Registered Office:Jindal Power Limited,Tamnar - 496107,District:Raigarh,Chhattisgarh
Corporate Office:Jindal Centre,12,Bhikaji Cama Place,New Delhi:110066,Phone:26188360,Fax:26161271,41659152
E-Mail: info@jindalpower.com, Website : www.jindalpower.com
Page 20 of 23
JINDAL POWER LIMITED
Village - Dongamouha, District: Raigarh (C.G.) - 496108 MMC/F/011
Phone : 07767 302000 Fax : 07767 281993 Ver. : 1 (02.08.2022)
CIN NO : AMENDMENT
PURCHASE ORDER
Order No. : 4400015394
Order Date : 24.02.2022
All personnel employed by you for working inside the factory premises shall abide by all the safety, health, and environmental rules and
regulations of JPL. Minimize pollution at source through environment friendly process, techniques and processes. Reduce fugitive emission
from loading / unloading and transportation of material (where applicable).
-Your mobile equipment should possess valid and current P.U.C certificate, vehicle Registration paper, Insurance and vehicle fitness
certificates before obtaining gate Pass.
- Contractor/agency shall submit the following papers/certificates before obtaining gate pass of vehicles.
" Registration paper of the vehicle.
" P.U.C. certificate
" Valid insurance paper
" Vehicle fitness certificate
Contractor/agency shall also submit renewed/ new certificates on expiry of PUC, insurance and fitness certificates timely.
9. Discipline:
The contractor and his workmen shall have to follow JPL's standard Code of Conduct and the Law of the Land. It shall be Contractor's
responsibility to maintain and keep the deployed manpower in specified area only. If the contractor or his workmen is found violating the
same or participating in unlawful activities, or influencing JPL staff by any offerings or other inducements, the contract shall stand terminated
with immediate effect.
10. Manpower/ Material/Consumable/Tools & Tackles:
a. Contractor has to ensure availability of all the resources required for the job as follows:
o Skilled / Semi-skilled / Un-skilled Manpower
o Site-In-charge / Supervisors
o Drawing and Design
o Material
o Tools & Tackles
o Plants & Machineries
o General Purpose Consumables
o Commissioning Consumables and Spares
o Maintenance Consumables and Spares
o Measuring Instruments
o Scaffolding / Working Platforms Material
o Material Handling & Transportation Equipments
b. Lighting at work site will be Contractor's responsibility for which power supply of 220V will be provided by JPL free of cost. Only 24V
supply will be permitted for lighting in confined spaces. Contractor has to ensure availability of 220V/24V transformers and bulbs for the
purpose.
c. For the material / spares issued by JPL and used by contractor, record is to be maintained and submitted at the time of billing. The
damaged spares replaced are to be kept in Contractor's custody and should be deposited to JPL stores immediately after the completion of
work. The stock of the damaged spares / consumed material will be reconciled with the quantity issued. If the Contractor fails to do so, the
cost of the same will be deducted from the Contractor's bill. The Contractor must return the unused spares / material issued.
11. Insurance:
The jobs wherein the entire scope of supply and service lies with contractor, he will have to take Insurance policy for Contract value
including taxes for Storage cum Erection Policy for the period of contract. The contractor will provide third party insurance at the time of
commencement of work or before release of any payment other than mobilization advance, valid for the contract period including extended
contract period if any.
12. Manpower Competency:
a. In addition to the site-in-charge, the Contractor has to ensure supervision of work in progress by deploying atleast one technically
Registered Office:Jindal Power Limited,Tamnar - 496107,District:Raigarh,Chhattisgarh
Corporate Office:Jindal Centre,12,Bhikaji Cama Place,New Delhi:110066,Phone:26188360,Fax:26161271,41659152
E-Mail: info@jindalpower.com, Website : www.jindalpower.com
Page 21 of 23
JINDAL POWER LIMITED
Village - Dongamouha, District: Raigarh (C.G.) - 496108 MMC/F/011
Phone : 07767 302000 Fax : 07767 281993 Ver. : 1 (02.08.2022)
CIN NO : AMENDMENT
PURCHASE ORDER
Order No. : 4400015394
Order Date : 24.02.2022
competent site supervisor. The site-in-charge of the Contractor shall authorize his representative to collect/return materials from/to JPL as
per requirement of work.
b. The job is of skilled nature and manpower with suitable requisite skill & experience only shall be permitted to be deployed. Contractor has
to ensure that the credentials and certificates of the workmen deployed are submitted to JPL and shall be vetted by them before the start of
work.
13. Indemnity:
Contractor shall keep JPL indemnified from all liabilities resulting out of this contract and act of Contractor workman, including but not limited
to taxes & duties, damages, penalties, fines, punitive measures, lawyer fees etc. of whatever nature due to non compliance by contractor in
his scope of the applicable statutory laws, rules, notifications etc.
14. Force Majeure:
In case force majeure is established and one party informs the other promptly of such occurrences, no increase in price and / or any claim
shall be made by the contractor. In case of very prolonged force majeure condition the parties shall mutually discuss and agree to the future
course of action.
15. Termination of the contract:
For reasons covered elsewhere in this contract document, if the Contract is to be terminated, Fifteen (15) Days' prior notice shall be given
by JPL. In such an eventuality, the Security Deposit and Outstanding payments, if any may also be forfeited at the sole discretion of JPL.
However, if the Contractor desires to quit the Contract or JPL decides to short-close the contract, one month's prior notice shall be given by
either party.
16. Dispute Settlement:
a. Any dispute or difference arising out of in connection of this contract shall be referred to the sole arbitrator
Executive Director, OP Jindal Super Thermal Power Plant, Jindal Power Ltd., Tamnar, Raigarh (CG) and the decision given by the sole
arbitrator will be conclusive and final and be binding on both the parties.
b. Arbitration, if arise, shall be resolved in accordance to the Indian Arbitration & Conciliation Act with latest revisions. This agreement being
executed at Raigarh & the parties agreed that any dispute or differences arising out of this agreement would be subject to the jurisdiction of
only Raigarh court.
ESIC, Insurance etc. shall be reimbursed at actual by JPL on producing documentary evidence by the contractor.
10.Code of Conduct: The contractor shall have to follow JPL's standard Code of Conduct. If the contractor is found violating the same or
influencing JPL staff by any offerings or other inducements, the contract shall stand terminated with immediate effect and the contractor may
be debarred to work for a period as decided by JPL.
11.Work Permit: Work on any equipment or in any area should be started only after ensuring valid permit. Before starting the work,
contractor shall submit detailed work program, milestone of different activities, safety & quality plan and any other relevant documents
required for the work to the Engineer-in-charge for his approval, after which work shall be started as per the approved program.
12.Tools & Tackles: Contractor will have to produce fitness test certificate of all lifting tools and tackles being used by him from any outside
competent person.
13.Vehicle: All the vehicles (except used by specific person) to be deployed by contactor shall be fit for use in all respect. The Vehicle must
be commercially registered with the transport authority and must carry all statutory documents (valid Driving license, Insurance policy,
P.U.C. certificate etc.)
14.Labor Health & Hygiene: Contractor shall have to ensure periodical cleaning and disposal of waste from workers residential colonies.
Contractor must ensure the hygiene, potable drinking water and regular housekeeping in his workers colony. Non compliance of the same
would be viewed seriously by the company and suitable action would be initiated to ensure proper living conditions. During summer this area
becomes very hot and prone to the cases of dehydration. Contractor must ensure the provision of ORS drink to all the workers during
summer.
AUTHORISED SIGNATORY