CHAPTER-18 ANNEXURE-65 (C.f. para-18.1.

4)

AGGREMENT IN TERMS OF STANDARD ARBITRATION CLAUSE-24 IN DGS&D-68 (REVISED) THIS AGREEMENT IS MADE this___________________ day of ___________________ between M/s____________________ a company registered under the _____________________and carrying on business at __________________, hereafter referred to as the CONTRACTOR (Which term shall, unless excluded by or repugnant to the subject or context, include herein their executors, administrators, representatives and/or assigns) on the one part and the President of India, herein after referred to as the PURCHASER (which term shall, unless extended by or repugnant to the subject or context, include his successor or successors in office and/or assigns). 2. Whereas the parties to this Agreement had entered into a contract more specifically described in the Acceptance of Tender No.______________________ dt_____________ (hereinafter referred to as the said contract). 3. And whereas the contractor did not agree to refer their disputes and differences arising under the terms of the contract to the sole arbitration of an officer in the Ministry of Law appointed to be the Sole Arbitrator by the Director General / Additional Director General of Supplies and Disposals in the manner hereinafter appearing. 4. NON THIS AGREEMENT WITNESS AS FOLLOWS:1. In the event of any question, dispute or difference arising under the conditions printed in form DGS&D-68 (Revised) as amended or any special conditions of contract or in connection with the contract (except as to any matters the decision of which is specially provided for under the conditions printed in for DGS&D-68 (Revised) as amended or the special conditions) the same shall be referred to the Sole Arbitration of an officer in the Ministry of Law, appointed to be Sole Arbitrator by the Director General or the Additional Director General of Supplies and Disposals. There will be no objection that the arbitrator is a Government servant, that he had to deal with the matters to which the contract relates or that in the course of his duties as a Government servant, he has expressed views on all or any of the matters in dispute or difference. The award of the arbitrator shall be final and binding on the parties to the contract. 2. In the event of the arbitrator dying, neglecting, refusing to act, or resigning or being unable to act for any reason, or his award being set aside by the court for any reason, it shall be lawful for the Director General or the Additional Director General of Supplies and Disposals, to appoint another arbitrator in place of the outgoing arbitrator in the manner aforesaid. 3. It us further a term of this contract that no person other than the person appointed by the Director General/Additional Director General of Supplies and Disposals, as aforesaid should act as Arbitrator and that if for any reason that is not possible, the matter is not to be referred to arbitration at all.

4. The arbitrator may from time to time with the consent of all the parties to the contract n large the time for making the award. 5. Upon every and any such reference, the assessment of the costs incidental to the reference and award respectively shall be in the discretion of the arbitrator. 6. Subject as aforesaid, the Arbitration and Conciliation Act, 1996 and the Rules there under and any statutory modification thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this Agreement. 7. If the value of the claims in a reference exceeds Rs.1 lakh the Arbitrator shall give reasoned award. The venue of arbitration shall be the place from which the acceptance note is issued or such other place as the Director General of Supplies and Disposals at his discretion may determine. 8. In this Agreement the expression the Director General, Additional Director General of Supplies & Disposals means the Director General or the Additional Director General of Supplies and Disposals for the time being and includes, if there be no Director General or Additional Director General of Supplies and Disposals, the officer who is for the time being the administrative head of the Supplies organization, whether in addition to other function or otherwise. 5. That the stamp duty on the present shall be borne by the purchaser. 6. In witness whereof the parties to these presents have here to set their hands and seals, the month, day and year first above written. Signed for and on behalf of_____________________________________ ______________________________________________________________

The Contractor through ____________________ their Director Secretary in terms of the Memorandum And Articles of the company. And its Resolution No._______________ dt________ in the presence of 1. 2. Signed and delivered for and on behalf of the President of India/Purchaser. ( ) Director of Supplies for and on Behalf of the President of India/Purchaser.