ANNEXURE - C
Rules regulating the hire of plant and machinery
in the Cochin Shipyard Limited
The term ‘Plant & Machinery’ includes the vehicles, cranes and other Motor Vehicles, Tractors, Power Driven Road Rollers, Tipping Wagons, Centrifugal and other pumps, Pulsometers, Gear Driving pumps, Hand or Power Cranes, Pile Drivers, Trucks, Locomotives Wagons, Compressors, Boring tools, Rock Drills, Concrete Mixers, Concrete Vibrators, Petrol Engines, Water Tanks, Water Tank Vehicle, Explosives Van, Electric Welding Set, etc.
The following rules regulate the hire of Plant and Machinery to Contractors. Piece workers, and others in Cochin Shipyard Limited.
Engineer-in-charge means ,Deputy General Manager(U&M) of plant and machinery except in Clause 15 in which it will denote Deputy General Manager(Civil Engg.) in charge of works for which plant and machinery are hired out.
1. Plant and machinery shall be hired out to Contractors only when quite essential for the execution of the works entrusted to them and subject to their availability with the department. The plant and machinery hired out shall not be used on works other than the work for which they are hired out, without the specified approval of the Engineer-in-charge. They shall not be used on non-government works.
The plant and machinery may also be hired out to other departments of government, local bodies, Public sector undertakings etc, vide Rules 16,17&18.
2. Contractors can allow the use of plant and machinery obtained on hire by them from Cochin Shipyard Limited to their sub-contractors with the specific approval of the Engineer-in-charge. Such an arrangement shall in no way absolve the contractors from any of their responsibilities under these Rules regulating the hiring of plant and machinery. The Contractors and not their sub-contractors, shall be liable to the Department in all respects under these rules. The contractor shall arrange his programme of work according to the availability of the plant and machinery and no claim, whatsoever will be entertained from him for any delay in their supply by the department.
(a) In addition to the hire charges payable under these Rules, the Contractor hiring the plant and machinery shall pay to government.
(i) All charges incidental to the delivery of the plant and machinery at the stores, such as handing and packing at the stores.
(ii) Charges, if any, for re-erecting the Plant and Machinery at the Stores on return.
(iii) The cost of replacing the missing or broken or damaged parts of the Plant and Machinery hired out or of carrying out repairs necessitated by the specific damage thereto.
(b) The Hirer shall provide for approved fuel, Oil and lubricant for running purpose in respect of the items of plant and machinery whose hire charges indicated are exclusive of fuel, etc. and such fuel oil and lubricant are required to be provided for by the hirer at his cost.
Plant and machinery shall be handed over to the hirer only at the place where they are stored by the Cochin Shipyard Limited and after use, or in case of break-down, they shall be, returned by the Hirer at his cost to the same place or any nearer place or to the stores or workshop within the Project area, pointed out by the Engineer-in-Charge. In no case the Cochin Shipyard Limited shall undertake to convey the plant and machinery from the departmental store to the place where the hirer wants them for his use.
3 During the period of hire, Cochin Shipyard Limited shall bear the charge for repairs necessitated by normal wear and tear of plant and machinery hired out. Cost of all other repairs of replacements found necessary shall be borne by hirer. The decision of the Engineer-In-Charge concerned as to what repair fall under the category of 'Repairs due to normal wear and tear' shall be final and binding on the Contractor hiring the plant and machinery.
4. The plant and machinery hired out shall be inspected periodically by the Engineer-In-Charge or his authorised representatives to ensure that they are being taken proper care of. The Engineer-In-Charge shall also see that the articles, lent are returned without avoidable delay and in good condition. It shall be obligatory on the part of the Contractor hiring the plant and machinery to make them available for inspections and to provide facilities for the same.
5. The hire charge payable under these rules shall be recovered from the intermediate and final payments to be made to the contractor/piece-worker for the work for the execution of which the plant and machinery have been hired out to him. In the case of plant and machinery lent to other Government Department, the hire charges payable under these rules shall be recovered monthly in arrears and in the case of Public Sector Undertakings and Local Bodies, these shall be recovered monthly in advance.
6. Cost of plant and machinery lost or rendered unfit due to mis-handing by the hirer shall be made good to the company. Cost of repairing any damage to such plant and machinery due to rough use of careless handling not falling under fair wear and tear shall also be recovered from the hirer, if paid by Government. Such amount, if not paid in cash nor recovered from intermediate or final payments due to the contractor/piece worker for the work shall be recoverable along with the hire charges from amount of the contractor/piece worker lying with the Cochin Shipyard Limited either in the shape of security or arrears of work done yet to be paid for.
7. In all cases except in the case of daily rated plant and machinery the period of hire shall count from the time the plant and machinery leave the Departmental Store to the time they are returned thereto. In the case of daily rated plant and machinery hire charges shall be recovered at the prescribed rates from and inclusive of the day the plant and machinery is made over upto and inclusive of the date of its return even though the same may not have been working for any cause except for a major break-down. The decision of the Engineer-In-charge regarding the nature of breakdown and whether higher charges are recoverable or not shall be final and binding on the hirer.
8. The Contractor/Piece worker shall at his cost, keep proper watch over the plant and machinery hired out to him during the period of hire and also made suitable arrangements to provide temporary shed, tarpaulin covers, etc at his cost to protect the Plant and Machinery from the weather conditions in use or otherwise at the work site.
9. The rates of hire in respect of various items of plant and machinery available with the Company for hire shall be fixed by the DGM(U&M)Cochin Shipyard Limited from time to time.
10. The rates of hire charges of Plant and Machinery indicated in the 'Schedule of Hire Charges of Plant & Machinery' are based on an eight hour working day from 8 a.m. to 5 p. m with a break of 1 hour from 12-30 to 1-30 p.m. If the plant and machinery are used for more than 3 hours a day or used before 8 a. m and after 5 p. m and between 12-30 noon and 1-30 p.m., hire charges shall be levied at one sixth of the daily rate of hire or at one and one sixth of the hourly rate of hire as the case of plant and machinery hired out with crew and one eighth may rate the hire or one and one eighth of the hourly rate of hire as the case may be in the case of plant and machinery hired without crew, for every hour or part of an hour worked outside the a foresaid hours or over 8 hours.
11. The hire charges in the case of high plant and machinery such as cranes, hovels, etc, shall be subject to the minimum charges equal to the charges leviable for a total of two hours working per day. In the case of other hourly rated plant and machinery not falling under the foresaid category, the minimum charges per day will be equal to charges leviable for a period of four hours working per day. The DGM(U&M)shall decide which of the equipments belong to the category of high rated plant and machinery.
12. No hire charges shall be leviable when plant and machinery hired out to contractor/ piece-worker are idle on account of compensatory holidays as those given for independence Day, Republic Day, Sundays etc. Hire charges at the rates prescribed in clause 10 for timings before 8 a.m. and after 5 p.m. shall be payable when plant and machinery hired out to contractors are used on Sundays and other authorized holidays. However, if the work for which the plant and machinery are used is carried out as per the written instructions of the Engineer-in-charge of that work, only normal rates fixed for a normal working day in Clause 10 of the rates shall be paid.
13. Hire charges shall be recovered at full daily rate in the case of daily rated plant and machinery and at the minimum daily rate in the case of hourly rated plant and machinery for all days the plant and machinery are kept idle owing to the neglect or default of the contractor or due to his failure to supply adequate labour etc. The Engineer-in-charge shall be the sole judge to decide as to what constitute neglect or default in this respect and his decision shall be binding on the contractor.
14. When the plant and machinery hired out to contractor/piece worker for the execution of works in the Cochin Shipyard Limited are rendered unfit due to mechanical fault or the same withdrawn on the orders of the Engineer-in-charge during the period of hire, hire charges for the particular on which the plant and machinery are rendered unfit due to mechanical fault or the same withdrawn on the orders of Engineer-in-charge shall be payable on the basis of number of hours including any fraction of an hour rounded off to the next full hour, worked on that day in the case of daily and hourly rated plant and machinery. The Contractor/Piece worker shall return the plant and machinery to the departmental store, or workshop with in the company area at his cost immediately on the occurrence of the mechanical fault rendering the plant and machinery unfit or on receipt of orders of the Engineer-in-charge withdrawing the plant and machinery. No claim for any inconvenience, loss of labour, delay in completion of work etc shall be entertained by the Cochin Shipyard Limited on this account.
In the case of tools and plant operated by Contractors crew, any compensation/monetary benefits, which may become payable either to the themselves or outsiders and any other expenditure incurred due to any accident etc. shall be borne by the contractor.
15. A Log Book and history sheet in the prescribed forms for plant and machinery let on hire or otherwise shall be maintained by the subordinate-in-charge of the work and extracts thereof, in duplicate furnished by him on the 5th of every month for the previous month to Engineer-in-Charge, for assessing and recovering the correct amount of hire charges from the party concerned. The Log Book shall be attested daily by the contractor or his authorized agent. In case the contractor contests the correctness of the entries and/or fails to sign the Log Book the decision of the Engineer-in-Charge shall be final and binding on him. Hire charges will be calculated according to the entries in the Log Book and be binding on the contractor. The Engineer-in-Charge after scrutiny of the Log Book extracts, shall take steps for recovering the correct amount of hire charges at the prescribed rates. However, in the case of hire for periods shorter than a month the Log Book Book/Sheets in respect of the ‘Plant and Machinery’ let on hire shall be furnished to the Engineer-in-Charge of the work, immediately after the period of hire is over, and in any case before the next intermediate of final payment to the contractor is due.
16. Plant and Machinery belonging to the Cochin Shipyard Limited can be hired out to other Government Department of Govt. of India, State Governments, Public sector undertakings, local bodies if it can be done without detriment to the company works and under special orders of the chairman and managing director, cochin shipyard ltd. In such cases all the fore-going rules regulating the hire of plans and machinery to contractors/piece workers of the Cochin Shipyard Limited and the rates of hire thereof shall apply.
17. The motor vehicle belonging to the Cochin Shipyard Limited can be hired out to Co-operative Institutions of Cochin Shipyard Limited if it can be done without detriment to company works and under special orders of the Chairman & Managing Director, Cochin Shipyard Limited. In such cases all the fore-going rules regulating the hire of plant and machinery to contractors/piece-workers of Cochin Shipyard Limited shall apply except that the rate charged shall be the daily rate subject to the minimum charges specified.
18. Plant and Machinery can be hired out to Private Bodies, only if it can be done without detriment to the Cochin Shipyard Limited and with the specific approval of the Chairman & Managing Director. In such cases all the foregoing rules regulating the hire of plant and Machinery to Contractors/Piece-workers of the Cochin Shipyard Limited except Rules 5,9,10,11 and 16 shall apply. The hire charges payable under these rules when plant and machinery are lent to Private bodies shall be double the rates prescribed under rules 9,10 and 11 hereof and shall be recovered monthly in advance. A security Deposit not exceeding 25% of the market value of the appraised value of Plant & Machinery as fixed by Engineer-in-Charge shall be collected and an agreement in the prescribed form shall be taken from the Private Bodies before the Plant and Machinery are entrusted to their sole custody on hire.
The Chairman & Managing Director in exceptional cases and for reasons to be recorded in writing may waive the security Deposit at his discretion.
19. The Engineer-in-charge reserves the right to accept or reject applications for the ease or hire of Plant and Machinery without assigning any reasons.
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