Page 9 of 20
NTPC Limited
A Government of India Enterprise )
(
NIT No.: 9900187815/041/1028
9. Actions to be taken in case of Negligent or collusive behavior
NTPC, BARAUNI TPS reserves the rights to verify the services at desired timeframe. In case, during such subsequent
verification if the standards are found to be not conforming to prescribed standards, appropriate action as may deem fit,
including but not limited to following, may be taken by the NTPC, BARAUNI TPS :-.
a) Summary termination of this contract,
b) Levy of penalty as deemed to be fit.
c) Recovery of fees, if already paid; and damages if any.
d) Decision of the NTPC, BARAUNI TPS , as to whether the Service provider or any of his associates has indulged into
negligent or collusive behavior shall be final and binding on the Service provider.
10. Penalties
a. In case the number of manpower (Shift #Charge Engineer, Control Engineers & Chemist/Chemical Analyst) supplied by
the Service provider is less than the agreed number, a penalty of double the rate for said manpower as mentioned in the
LOA in addition to non-payment of the charges for the period of absence on pro rata basis for the month, will be levied.
b. If there is mal operation /faulty operation , undesired operation , which may cause damage or result in damage in future to
the equipment/plant by any manpower/ Agency, Penalty as decided by the co-ordination committee will be levied to the
contractor, however the total value of the penalty will not exceed 10 % (ten percent) of theawarded cost.
The Co-ordination Committee members will be as under:-
CGM-, NTPC, Barauni TPS # Chairman with Veto-Power.
GM (O&M), NTPC, Barauni TPS # Member.
HOD(Operation), NTPC, Barauni TPS # Member.
Contractor’s Representative # Member.
c. Upon the written directions of the Engineer-In-Charge of NTPC, BARAUNI TPS , the Service provider shall immediately
remove from the works any person or persons deployed thereon, who may in the opinion of the Engineer-In-Charge be
incompetent or responsible for misconduct. Such persons shall not be employed again on the works without the written
permission of the Engineer-in-charge, or such other officer so authorized for such purpose.
d. It shall be accepted as an inseparable part of the contract that in matters regarding competency, efficiency, conduct and
behavior, the decision of the Engineer-In-Charge, NTPC, and BARAUNI TPS shall be final and binding on the Service
provider in all such matters.
e. In case it is found that any theft or damage has occurred to the property or premises of the NTPC, BARAUNI TPS due to
negligence of personnel in performing his/ her duty and /or absence from the place of duty and/or not providing substitute by
the Service provider or any other reason, the cost of all such losses or damages as assessed by NTPC, BARAUNI TPS shall
be recovered from the Service provider’s monthly bill or from his security deposit.
f. The Service provider shall be fully responsible to deal with all kind of suits/claims/penalty etc. from any person,
organization or authority etc. In case NTPC, BARAUNI TPS is implicated in any law/suit on account of not fulfilling of any or
all obligations under any law or due to performing the duties by any personnel of the Service provider, all cost of defending
such suit settlement of claims penalty etc. shall be borne by the Service provider or recovered from the due amounts
payable to the Service provider and/or from the security deposit held by NTPC, BARAUNI TPS.
g. The personnel supplied by the Service provider shall be of sound physical & mental health and should not be under the
influence of any drug or liquor during duty and have full knowledge & experience to competently complete the job assigned
to them.
h. In case any executives/personnel of the Service provider is implicated in any law suit or is injured by any
executive/personnel or group of executives/personnel agitating mob etc. during the course of performing his duty/their duties
for NTPC, BARAUNI TPS it shall be the sole responsibility of the Service provider to defend its executives/personnel in the
court of law or to extend all medical and financial help etc. without charging cost to the NTPC, BARAUNI TPS .
i. NTPC, BARAUNI TPS shall be deemed to be indemnified by the Service provider for lapses or other mischievous etc by its
executives/personnel.
j. In case the wrong information in respect of qualification of personnel is found, a penalty equal to three times billing done
for the specific wrong person/profile may be levied by NTPC, BARAUNI TPS on the Serviceprovider.
k. If any complaint is received against any of the Executive/personnel or the performance of particular personnel is found to
be lacking in the opinion of Engineer in Charge, NTPC, BARAUNI TPS , then the Service Provider will be informed about the
complaint(s)/performance deficiency and they would be required to take necessary remedial action immediately to avoid
recurrence of such an event. It may attract a penalty of Rs. 1,000/- per complaint per person and in grave cases terminate
the contract.
l. High level of discipline is expected from all deployed personnel, EIC Reserves the right to entry on this basis. The decision
of EIC will be final in this regard.
m. The contractor shall provide all personal protective equipment (like Helmet,safety shoes, Gloves, nose mask, Ear plug
etc.). All the PPE should be good quality and may be inspected by EIC/Safety officer of NTPC at any time. If any deploy
personnel found without PPE , a penalty of Rs- 500 will be imposed per person per occasion.
n. Cost of equipment if damaged due to negligence by the contractor’s employee, the same will be recovered from the