Common use of ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS Clause in Contracts

ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS. In every case in which by virtue of the provisions of the contract Labour (Regulation and Abolition Act 1970) and of the Contract Labour Regulation and Abolition Central Rules, 1971, Government is obliged to pay any amounts of wages to workman employed by the Contractor in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said act and the rules under clause 19 or under the rules framed by Government from to time for the protection of health and sanitary arrangements for workers employed by Government Contractor, Government will recover from the Contractor the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the right of the Government under section 20 sub- section (2) and section 21 sub-section (4) of the Contract Labour (R&A) act 1970 Government shall be at liberty to recover such amount or any part thereof by deducting it from any sum due by the Government to the contractor whether under this agreement or otherwise Government shall not be bound to contest any claim made against it under section 20 sub-section (1) and section 21 sub section (4) of the said Act except on the written request of the Contractor and upon his giving to the Government full security for all costs for which Government might become liable in contesting such claim. Contractor shall follow all laws, regulations and acts of Central/ State Government and other statutory bodies relating to engaging labourers in work, wages and all related provisions and indemnify Government against payment to be made under and for the observance of the said labour laws. Engineer-in-Charge concerned shall have the right to deduct from the moneys due to the contractor, any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of any of the conditions of the contract for the benefit of the workers, non-payment of wages or of deductions made from his or their wages which are not justified by their terms of the contract or non-observance of the Regulations. Further, contractor at his own expense shall arrange and comply with the safety provisions as per ISRO safety manual (Schedule-‘H’) and health & sanitary arrangements for the workers as per the extent rules.