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The rule for registration of contractors
in the Kerala P. W. D. appended and Published in G. O. (P) 13/98/PWD
dated 21.12.1998 shall form part of the conditions governing
the Registration.
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Demotion to Lower Class
(a) The Registering Authority may, by order demote a contractor
to a lower class if he:
(i) fails to execute a contract or executes
it unsatisfactorily or is proved to be responsible for constructional
defects revealed even after the expiry of the prescribed maintenance
period, or;
(ii) has no longer the adequate equipment, technical personnel
or financial resources. or
(iii) violates any important conditions of contract; or
(iv) is responsible for any other matter which would justify
his demotion to a lower class taking into account the merits
of the case.
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Suspension of business:
Suspension of business may be ordered for an indefinite period,
where pending full enquiry into, the allegations, the competent
authority is of the view that it is not desirable that business
with the contractor should continue. Such an order may be passed
if the competent authority is prima facie of the view that the
contractor, is guilty of an offence involving moral turpitude
in relation to business dealings in which, if established, would
result in his removal /blacklisting.
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Removal from the approved
list
(a) The Registering Authority may remove, the name of a contractor
from the approved list if the contractor-
(i) fails to execute a contract or execute
it unsatisfactorily or is proved to be responsible for constructional
defects revealed even after the expiry of the prescribed maintenance
period; or
(ii) has no longer the adequate equipment, technical personnel
or financial resources; or
(iii) violates any important condition of contract; or
(iv) fails to furnish the required income-tax clearance certificate;
or
(v) fails to abide by the conditions of Registration or is found
to have given false particulars at the time of registration,
or
(vi) is declared or is in the process of being declared bankrupt,
insolvent, wound up, dissolved or partitioned; or
(vii) persistently violates the provisions of Labour Regulations
and Rules.
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Black Listing
A contractor may be black listed for the following reasons:
(i) where there is sufficient and strong justification
for believing that the contractor or his employee has been guilty
of malpractices such as bribery, corruption, fraud including
substitution of or interpolation in tenders, pilfering or unauthorised
use or disposal of Government materials issued for specific
works etc., or
(ii) where the contract or contumaciously refused to pay Government
dues without sufficient reasons and where the Registering Authority
is satisfied that no reasonable dispute attracting reference
to arbitration or court of law exists for the contractor's action;
or
(iii) where a contractor or his partner or his representative
has been convicted by a court of law for offences involving
moral turpitude in relation to lousiness dealings; or,
(iv) where security considerations including suspected disloyalty
to the State or warrant; or
(v) where a contractor or his, partner or his agent is found
to have abetted or induced: public servants, to indulge, in
corrupt practices.
(vi) A show cause notice should be issued before inflicting
the punishment of black listing". [vide., G.O (P) 24/76/PW.
dated 30-1-76]
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Restoration
The question of upgrading a (demoted) contractor lifting the
ban on business, restoring the registration, withdrawal of blacklisting
etc., may be considered at the appropriate time on the merits
of each case by the authority who passed the original orders.
Copies of orders revoking black- listing orders shall also be
furnished to the Government in the concerned Administrative
Department for communicating the orders to the Government of
India.
Note. i. This registration will be valid only
for one financial year ending 31st March, 20...
ii. The Registration card is to be renewed every year.
iii. Renewal application is to be submitted before 1st January
every year together with an up-to-date Income-tax Clearance
Certificate and a fee of Rs. 10 (not refundable).
iv. While tendering for works the No. of the Registration Card
shall invariably be referred to and produced when called for.
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Contractor's technical personnel
for supervision:
The contractor has to employ following technical personnel to
supervise the work.
| (i) For works costing from
Rs 10 lakhs to Rs 20 lakhs |
One diploma holder |
| (ii) For works costing above
Rs 20 lakhs |
One degree holder |
| (iii) For Prequalification |
One degree holder, One diploma
holder |
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