Work Order

W.O. No: 4610110229 W.O. Date: 08.03.2011 S.S.CONSTRUCTIONS ( 25427 ) Street : Plot. 1279 BIDYDHARPUR City: CUTTACK PIN: 755026 Region: Orissa Country: India Tel : 6726268087 Fax : 6726268087 E-mail : Contact Person : W.O. No : 4610110229 W.O. DATE : 08.03.2011 Package No: Purchaser : Mr. B. PAHADI Your Reference: Ref Date : Valid From:01.03.2011 Valid To: 30.06.2011

Draft

Please provide the following services as per the terms and condition mentioned below S Item Code Description Unit Quantity Rate in INR Total Reservoir Pump House Construction LOT 5,778,000.00 1.00 5778000.00 1 0 1200 10032080 07.03.2011 Amount in words ( INR ) Total INR: 5,778,000.00 FIFTY SEVEN LAKH SEVENTY EIGHT THOUSAND Rupee Only Payment terms: Terms of Payment You shall submit monthly R.A. bill in our standard format approved by Engineer on the basis of Measurement Book for the work done within 10th day of succeeding month. 95% payment of R.A. Bill will be released within 30 days duly certified by Engineer as per Measurement Book. Balance 5% payment will be retained with us, which will be released within 30 days of satisfactory completion of Defect Liability Period adjusting dues of the company if any. This retention money will carry no interest. Taxes: Service tax(%) :10 REIMBURSABLE EXTRA AGAINST DOCUMENTARY EVIDENCE E-Cess on ST(%) :2 REIMBURSABLE EXTRA AGAINST DOCUMENTARY EVIDENCE SE Cess (%) :1 REIMBURSABLE EXTRA AGAINST DOCUMENTARY EVIDENCE Reference: 1) Your offer No. SSC/VIL/148/2010-11, dated 03.12.2010. 2) Your discussions with us on various dates. ------------------------------- --------------=========================================================== NOTE: This is system regularization order against our Manual Work Order No.VSLJ/PUR/10-11/11 Dt.24.02.2011 =========================================================== 1. Scope of Works CONSTRUCTION OF PUMP HOUSE OF RESERVOIR shall be done as per Bill of Quantities (BOQ) mentioned at ANNEXURE-1 and as per Drawings already available with you. 2. Item Rate The item rate of captioned work shall be as mentioned at Annexure-I. The item rate shall remain FIRM during completion period Delivery Instructions: At Our site Industrial Complex Kalinga Nagar Vill Jakhpura Dist Jajpur Orissa- 755019 Tel: 067726-242441, 06726-242444(GM) Fax 06726-242442
Excise Reg:AAACV9836EXM002 ECC NO:AAACV 9836EX M002 Range:Central Excise Range,Umapada,Jajpur Road,Jajpur(Orissa) Division:Assistant Commissioner,Central Excise &Customers,Division Balasore,Arad Bazar,Near Odeon Cinema,Balasore(Orissa)

Authorised Signatory
CST NO:CUC III 1419.08-Jul-1998 TIN NO:21721401010 PAN NO:AAACV9836E Page No. 1 of 7

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W.O. No: 4610110229 W.O. Date: 08.03.2011 of the Contract. 3. Taxes, Levies, Fees, etc. Works Contract Tax, any other taxes, duties, levies, fees, etc., except Service Tax, as and if applicable to the works are included in the item rate. We shall not pay you any other charges except the item rate & service Tax for execution of the said work. Service Tax will be paid extra at actual against documentary evidence. Any variation i.e increase / decrease of Works Contract Tax / Service Tax only, over and above the present one, shall be to our account against documentary evidence, if applicable to the said works in your scope. Deduction of WCT / IT at source shall be done as per norms and TDS certificate will be provided to you. 4. VSL Scope (Free Issue Material / Facilities) We shall provide you the following Free Issue Material (FIM) / Facilities for execution of the contract. You shall submit reconciliation statement of FIM duly certified by Engineer & Store once in a month positively, failing which your R.A. bill for the succeeding month will not be processed for payment. A) Steel B) Cement i) Cement: 1% wastage on theoretical consumption of cement is to be considered. 100% of empty cement bags shall be returned to VSL store, failing which shortfall quantity shall be charged @ Rs.1.5/- per empty bag. Cement reconciliation in association with site engineer & stores has to be furnished before claiming payment against final bill. Shortfall of Cement after reconciliation of any bill recovered for you at cement cost + 10% basis. ii) Reinforcement Steel: 1% accountable wastage towards scrap shall be allowed over the theoretical consumption of quantities. Further, any reinforcement more than 1.5 M length shall be treated as good steel for reconciliation. Pieces having length more than 1.5 M shall be returned to our store and shall be credited to your account against the material issued. Steel reconciliation in association with site engineer & stores has to be furnished before claiming payment against final bill. Shortfall of steel after reconciliation of any bill recovered for you at steel cost + 10% basis. 5. Quantities The quantity of this Contract shall be tentatively as given above. This quantity may vary up or down as per our actual requirement for which item rate shall remain the same and firm. 6. Contract value Total Contract value stands at Rs.57,78,440/- (Rupees Fifty Seven Lacs Seventy Eight Thousand four hundred forty only) which may also vary as per actual quantity of work done. 7. Effective Date (ED) Effective date of this Contract shall be from the date of this Work Order i.e.01.03.2011. 8. Engineer In-charge / Engineer We shall nominate Engineer In-charge / Engineer as per our choice to supervise and direct the execution of the work. For this Contract, our Mr.S.I.Raza - V.P.(P & I) or his authorized representative shall the Engineer. 9. Completion period Construction of above said Work as per BOQ as at Annexure-I shall be completed within 04 MONTHS from the effective date (i.e. Delivery Instructions: At Our site Industrial Complex Kalinga Nagar Vill Jakhpura Dist Jajpur Orissa- 755019 Tel: 067726-242441, 06726-242444(GM) Fax 06726-242442
Excise Reg:AAACV9836EXM002 ECC NO:AAACV 9836EX M002 Range:Central Excise Range,Umapada,Jajpur Road,Jajpur(Orissa) Division:Assistant Commissioner,Central Excise &Customers,Division Balasore,Arad Bazar,Near Odeon

Authorised Signatory
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CST NO:CUC III 1419.08-Jul-1998 TIN NO:21721401010 PAN NO:AAACV9836E

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W.O. No: 4610110229 W.O. Date: 08.03.2011 by 01.03.2011). 10. Mobilization Period You shall mobilize your resources so as to start work at site within 4-5 days of effective date. Please be in contact with our Engineer In-charge # 11. Measurement Book (MB) You shall maintain Measurement Book for the work done and labour deployed in approved format duly signed by you and our Engineer with detailed work sheet. This shall be the basis of R.A. Bill for payment. 12. Inspection Besides inspection, supervision and quality check made by the Engineer, the quality and quantity of work etc., shall be subjected to verification by internal audit / third party duly engaged by the company. 14. Liquidated Damages (LD) Completion of work in time is the essence of the Contract. Liquidated Damages (LD) will be levied for delay in completion of the Contract. If the Contractor fails to complete the works within the completion period including extension if any, LD will be 0.5% (half percent) of the Contract value per week of delay or part thereof subject to a maximum 5% (five percent) of the Contract value. The LD will be deducted from any amount due and / or which may become due including final bills, and / or any other means per Contract. 15. Defect Liability Period The contractor warrants the quality of work per BOQ as per Annexure-I for a period of 12 months from the date of certifications of final bill, against defective material, poor workmanship. In case the said work shows any defect arising out of defective material, and / or poor workmanship during the Defect Liability Period, the Contractor shall take immediate step for rectification within 7 days of observance of such defect, free of all cost against written communication from the Company / Engineer failing which, the Company shall have the option to carry out rectification / replacement at the risk and cost of the Contractor and recover the expenses from the Contractor#s dues with the company if any, and / or from retention money and / or other means, as deemed fit. 16. Sub-contracting No work of this Work Order will be sub-contracted without prior written permission from the company. 17. Labour Laws & Payment to Labour Labour Laws & Payment to labour:You shall strictly follow various laws & acts pertaining to labour and to comply the following. You shall regularly pay PF & ESI due to the statutory authorities & submit documentary evidence to finance along with next months RA bill & copy to our Personnel Dept. Your PF code No. is In case you have not obtained ESI code, you shall obtain the same & submit documentary evidence to us as well as to our Personnel Dept within 30 days of effective date, failing which the contract is liable to cancellation, besides your RA Bill will not processed for payment. Till such time you obtain ESI code your workmen, employee supervisor etc., engaged for the work must be covered under suitable insurance cover as mentioned under the clause #Insurance#. Please be in contact with our Mr. Mahakud of our Personnel Dept for proper guidance to obtain ESI code etc. This should be read with the clause "Insurance" mentioned in this contract. You shall pay to the Labour wages statutory dues and other benefits as per our circular dated 24.03.2010 copy of which is already Delivery Instructions: At Our site Industrial Complex Kalinga Nagar Vill Jakhpura Dist Jajpur Orissa- 755019 Tel: 067726-242441, 06726-242444(GM) Fax 06726-242442
Excise Reg:AAACV9836EXM002 ECC NO:AAACV 9836EX M002 Range:Central Excise Range,Umapada,Jajpur Road,Jajpur(Orissa) Division:Assistant Commissioner,Central Excise &Customers,Division Balasore,Arad Bazar,Near Odeon

Authorised Signatory
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CST NO:CUC III 1419.08-Jul-1998 TIN NO:21721401010 PAN NO:AAACV9836E

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W.O. No: 4610110229 W.O. Date: 08.03.2011 with you. Contractor shall, through out the performance of the Contract, comply with any and all the Laws, Ordinances, decision of Courts, rules, regulations and statutory requirement / obligations of Government of India and State Government of Orissa and other statutory bodies as applicable at site / living place of the workers / employees of the Contractor concerning the health, sanitary arrangements, wages, welfare, safety etc., including those of his Sub-Contractors, if any, engaged in the works, at his cost. Company shall not be liable for any action of the Contractor for non-fulfillment of the statutory obligations in execution of the Contract. The Contractor shall get himself / themselves registered with the concerned authorities as provided under various applicable Acts and shall be directly responsible to such authorities for compliance with the provisions thereof. The Contractors establishment including living place of his workers / employees shall be subjected to inspection, verification, investigation etc., by the Company for ensuring proper and faithful compliance, by the Contractor, of the provisions of the statutory requirement concerning to labors in relation to the Contract. The Contractor shall provide at his cost to all workers / staff directly or indirectly employed / engaged in the works, all amenities for proper working and living condition etc., at the site and at labor camp. The Contractor shall also provide medical facilities at the site as per rules in force in relation to the strength of the labor / staff deployed at site. The Contractor must have obtained valid labor license, provident fund code number, ESI code number (if applicable to the area) from statutory authority before execution of work & provide the same to Company#s personnel dept. through the Engineer. As stated under the terms #Insurance# , the Contractor shall take insurance cover for its workers / staff for the period of Contract as per workmen compensation Act and / or ESI Act and provide the copy of the Insurance cover to Company#s personnel dept. The Contractor has to maintain wage sheet cum master roll and all other documents as required under various Acts. Disbursement of wages to the workers / staff by the Contractor shall be made on or before 7th day of succeeding month. The Contractor must have enough resources for disbursement of wages without waiting payment of RA bill every month. Without limiting above, the Contractor shall fully comply with the following:i) No labour below the age of 18 years shall be employed in the Works. ii) Women Worker shall not be put in the Night Shift. iii) The Contractor shall not pay less than what is provided under Laws. iv) Equal wages shall be paid to male and female workers. v) The Contractor shall obtain Labor License from Licensing Authority if covered Under the Contractor Labor (R&A) Act. vi) The Contractor shall comply with the provisions of the payment of Minimum Wages Act, 1948, payment of Wages Act, 1936, Employers Liability Act, 1938, Workmen#s Compensation Act, 1923, Industrial Dispute Act, 1947, the Maternity Benefit Act, 1961, Employees Provident Fund Act, 1952/1995, Contract Labor (R&A) Act, 1970, ESI Act, 1948, Factories Act 1948, Apprentice Ship Act 1961 and other obligations of applicable Statutes and subsequent modifications, amendments. The Contractor shall be solely liable for any default or non-compliance of above for his and his Sub-Contractors workmen/ employees. The Contractor shall pay wages and observe hours and conditions of labor not less favorable than those established for similar Work, Delivery Instructions: At Our site Industrial Complex Kalinga Nagar Vill Jakhpura Dist Jajpur Orissa- 755019 Tel: 067726-242441, 06726-242444(GM) Fax 06726-242442
Excise Reg:AAACV9836EXM002 ECC NO:AAACV 9836EX M002 Range:Central Excise Range,Umapada,Jajpur Road,Jajpur(Orissa) Division:Assistant Commissioner,Central Excise &Customers,Division Balasore,Arad Bazar,Near Odeon

Authorised Signatory
Page No. 4 of 7

CST NO:CUC III 1419.08-Jul-1998 TIN NO:21721401010 PAN NO:AAACV9836E

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W.O. No: 4610110229 W.O. Date: 08.03.2011 trade or industry as prescribed by Statute or the Statutory authority. The payment to the workmen, employees shall be made by the Contractor / Sub-Contractor in the presence of Engineer / representative on the appointed day. The Contractor is liable for compliance of statutory provisions as stated above. In case non-compliance, the Company may enforce the same by deducting the amount from R.A. bill and deposit with the statutory authorities. You shall indemnify us for any claims raised due to non-compliance of the statutory requirement of the said laws pertaining to the labours etc.; 18. Contract Performance Guarantee: Contractor shall furnish Post Dated Cheque(PDC) OF 10% of contract value towards guarantee to complete work in contractual period failing which PDC will be encased, within 15 days of written intimation serve to you. 19. Insurance You shall take Insurance Policy statutorily or otherwise required for the equipment, tools / tackles etc., deployed for the work and also for the labours, employees engaged for the work including workmen compensation and third party liability. You shall indemnify us from any claim that may arise on account of workmen compensation, third party liability etc., You shall furnish copy of the Insurance Policy to our personnel Dept. through the Engineer In-charge. Insurance cover for your labour / employee shall continue till such time you obtain ESI code. This should read with the clause "Labour Laws & Payment to Labour" to obtain ESI code. 20. Safety / First Aid The Contractor shall be exclusively and solely responsible and liable for compliance of safety laws, rules and regulations in vogue for the performance of the Works at Site by his workers / employees / supervisors (hereinafter is referred to as #Persons#) including those of his Sub-Contractors, if any. The Contractor shall provide, at its cost, required and qualitative personal protective appliance (PPA) as prescribed by Statutory / safety authority, like hand gloves, leg guard, safety belts, safety boats, gas cutting / welding goggles, helmet, apparel and any other appliance/ equipment as applicable for the type of work performed by the persons. The Contractor shall ensure that above persons wear the safety PPA before taking-up the work. He shall keep properly qualified and experienced Safety Officer for imposition and adherence of safety measures, as stated above. Persons medically fit and having no phobia working at height etc. shall only be engaged in the Works. Violation of safety laws, rules, regulation, measures etc. as prescribed by Statutory Authority, Safety Officer etc, non-availability / use of safety PPA by the persons engaged in the Works will render the Contractor liable for prosecution, severe penalty & even cancellation of the Contract. Besides, the Contractor shall also follow safety measures and guidelines prescribed by the Company#s Safety Officer, who shall also approve safety measures and PPA adopted by the Contractor and it#s Sub-Contractors. The Contractor shall indemnify the Company, it#s directors, officers, employees, representatives against all losses, damages, claims, actions, proceedings, penalties and other liabilities suffered or incurred due to any incident or accident arising out of neglect, default, omission, non-compliance and other reasons attributable to the Contractor and / or it#s Sub-Contractor, in safety matter, as stated above. It will be paramount responsibility of the Contractor to complete the Works with nil accident and near miss.

Delivery Instructions: At Our site Industrial Complex Kalinga Nagar Vill Jakhpura Dist Jajpur Orissa- 755019 Tel: 067726-242441, 06726-242444(GM) Fax 06726-242442
Excise Reg:AAACV9836EXM002 ECC NO:AAACV 9836EX M002 Range:Central Excise Range,Umapada,Jajpur Road,Jajpur(Orissa) Division:Assistant Commissioner,Central Excise &Customers,Division Balasore,Arad Bazar,Near Odeon

Authorised Signatory
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CST NO:CUC III 1419.08-Jul-1998 TIN NO:21721401010 PAN NO:AAACV9836E

Work Order
W.O. No: 4610110229 W.O. Date: 08.03.2011 The Contractor shall submit test certificates of all tools & tackles to the Engineer before engaging the same for Works. The Contractor shall keep duly furnished FIRST AID Box for primary treatment of the injured persons and also have provision of Ambulance / like facility to take the seriously injured person to the hospital & bears all costs to this effect. 21. Force Majeure Force Majeure means any cause, occurrence of which could not be foreseen and which is beyond reasonable control of the parties to the Contract and which substantially effects the performance of the Contract. In the event of occurrence of Force Majeure like storm, landslide, fire, floods, cyclone, inundation, earthquake, volcano eruption, epidemic, quarantine, drought, explosion, strike, lockout, closure, embargo, wars (declare / undeclared) civil commotion, government orders & regulations and event of similar severity and magnitude, neither party shall be liable for the failure to perform any obligation of the Contract. The party prevented to fulfill the obligations (the affected party) by force majeure, shall intimate the other party, occurrence of force majeure, it#s nature & intensity, how it has affected the performance of it#s obligation, it#s likely continuance, any corrective measures planned / taken to contain force majeure effect etc., in writing within 7 days of it#s occurrence and also cessation. Both parties shall exercise reasonable efforts to mitigate or limit the damages to each other. The period for performance of the Contract effected by the force majeure shall be extended mutually by the period of delay, caused by the force majeure not lingered more than 03 months. In case, it continues further and the parties could not reach an agreement for continuance of the operation of the Contract within next one month, then, the fulfillment of the Contract will be deemed impossible and the Contract will, automatically stand cancelled without any compensation to either of the parties to the Contract. 22. Risk and Cost The Contractor shall carry out all Scope of Works as per Contract with utmost sincerity and dedication maintaining quantity, quality and satisfactory performance in terms of the Contract and carry-out instruction and order of the Company / engineer for the interest of the Works. In case Contractor fails to maintain quality, quantity, satisfactory performance of the Works or violates any terms & conditions of the Contract or ignores the instructions of the Company / engineer for the interest of the Works, the Company will give one month#s written notice to the Contractor to set right the shortfall / lapses and bring the Works to the Company#s satisfaction failing which Company is entitled to cancel the Contract fully / partially as deemed fit without further reference to the Contractor and execute the cancelled portion of the Works through alternate sources at rates and terms as Company decides reasonable in the prevailing situation and extra financial implication incurred, if any, over the Contract rate & terms of the cancelled portion of the Works, will be borne and reimbursed by the Contractor within 30 days of submission of substantiated documents pertaining to execution of such Works. In case Contractor fails to reimburse the amount within the said date, the Company will recover the same from the amounts lying with the Company, and / or Group Company and/or becoming due and / or invoking Bank Guarantee and / or other means in terms of the Contract. 23. Fire Protection You shall strictly follow rules and regulation for non-occurence of fire in the work place including living area of the workman. You shall maintain adequate Fire Extinguisher to effectively fight the occurrence of the fire.

Delivery Instructions: At Our site Industrial Complex Kalinga Nagar Vill Jakhpura Dist Jajpur Orissa- 755019 Tel: 067726-242441, 06726-242444(GM) Fax 06726-242442
Excise Reg:AAACV9836EXM002 ECC NO:AAACV 9836EX M002 Range:Central Excise Range,Umapada,Jajpur Road,Jajpur(Orissa) Division:Assistant Commissioner,Central Excise &Customers,Division Balasore,Arad Bazar,Near Odeon

Authorised Signatory
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CST NO:CUC III 1419.08-Jul-1998 TIN NO:21721401010 PAN NO:AAACV9836E

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W.O. No: 4610110229 W.O. Date: 08.03.2011 24. Arbitration If any dispute or difference of any kind whatsoever shall arise between the Company and the Contractor for the performance of the Contract whether during the progress of Works or after completion including warranty period or whether before or after the termination, abandonment, it shall be resolved, in the first instance, by discussion between the Company and the Contractor. In the event such dispute or difference cannot be resolved within 45 days of commencement of such discussion, it shall be referred for settlement to the sole arbitration of the Managing Director of the company whose decision shall be final & binding on both the parties. Notwithstanding any arbitral proceedings, the contractor and the company will carry out their respective obligations under the contract, unless such obligation itself is the subject matter of such arbitral proceedings 25. Civil Jurisdiction Civil jurisdiction of the Contract will be the place of Work Site. All causes of action in relation to the Contract will, therefore, be deemed to have arisen within the court jurisdiction of the said Work Site unless otherwise specified in the Contract 26. Acceptance of the Contract Unless otherwise Contractor convey acceptance of the contract as provided therein, within 15 days of effective date i.e. date of the order / amendment, the same is deemed to have been accepted in its entirety.

Warranty:

Delivery Instructions: At Our site Industrial Complex Kalinga Nagar Vill Jakhpura Dist Jajpur Orissa- 755019 Tel: 067726-242441, 06726-242444(GM) Fax 06726-242442
Excise Reg:AAACV9836EXM002 ECC NO:AAACV 9836EX M002 Range:Central Excise Range,Umapada,Jajpur Road,Jajpur(Orissa) Division:Assistant Commissioner,Central Excise &Customers,Division Balasore,Arad Bazar,Near Odeon

Authorised Signatory
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CST NO:CUC III 1419.08-Jul-1998 TIN NO:21721401010 PAN NO:AAACV9836E