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APPENDIX ‘E’
BANK
GUARANTEE BOND (IN LIEU OF RETENTION MONEY)
Place of execution _________________________________ Name
of State ____________________________
Stamp Paper for Rs
_______________________________________________________________
1. In
consideration of the President of India (hereinafter called “the Government”)
having agreed not to retain Rs ___________________. (Rupees
__________________________________ only) out of the reserve or the retention
money as provided under the terms and conditions of Contract Agreement No
__________________________ (hereinafter called “the said Agreement”) made
between the President of India and Shri/S’ Shri @ ___________________________ from the claims of the said
Contractor (s) in respect of the work done by the said Contractor (s) for the
due fulfillment by the said Contractor (s) of the terms and conditions
contained in the said Agreement, on production of a Bank Guarantee for Rs. _______________________ (Rupees
_________________________________________ only) we,
________________________________ Bank* (hereinafter referred to as “the Bank”),
do hereby undertake to pay the Government, an amount, not exceeding Rs
_________________________ (Rupees
_________________________________________________ only), against any loss or
damage caused to or suffered or would be caused to or suffered by the
Government, by reason of any breach by the said Contractor (s) of any of the
terms or conditions contained in the said Agreement.
2. We, ___________________________ Bank*, do at the request of the said
Contractor (s) hereby undertake to pay the amount due and payable under this
Guarantee without any demur, merely on a demand from the Government, stating
that the amount claimed is due by way of loss or damage caused to or suffered
or would be caused to or suffered by the Government by, reason of any breach by
the said Contractor (s) of any of the terms or conditions contained in the said
Agreement or by reasons of the said Contractor’s (s’) failure to perform the said
Agreement. Any such demand made on the
Bank shall be conclusive as regards the amount due and payable by and the
liability of the Bank, under this guarantee and we, ________________________
Bank*, do hereby undertake to pay
the Government the amount demanded notwithstanding any dispute or disputes
raised by the said contractor (s) on any ground whatsoever and notwithstanding
any proceeding pending in any court or tribunal relating to the said Agreement
or this Guarantee, the liability of the Bank under this Guarantee being
absolute and unconditional. However, our
liability under this Guarantee shall be restricted to an amount not exceeding
Rs ___________________________ (Rupees ___________________________________ ______________________________________
only).
APPENDIX ‘E’ (Contd/----)
3. We, ______________________ Bank*, further agree that the Guarantee
herein contained shall remain in full force and effect during the period that
would be taken for the performance of the said Agreement and that it shall
continue to be enforceable till all the dues of the Government under or by
virtue of the said Agreement have been fully paid and its claims satisfied or
discharged or till __________________ (Office/ Department), certifies that the
terms and conditions of the said Agreement have been fully and properly carried
out by the said Contractor (s) and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee
is made on us in writing on or before the _____________________ we shall be discharged
from all liability under this Guarantee thereafter.
4. We,
_______________________________ Bank*,
further agree with the Government, that the Government shall have the fullest
liberty without our consent and without affecting in any manner our obligations
hereunder or to vary any of the terms and conditions of the said Agreement or
to extend the time of performance by the said Contractor (s) from time to time
or to postpone for any time or from time to time, any of the powers exercisable
by the Government against the said Contractor (s) and to forbear or enforce any
of the terms and conditions relating to the said Agreement and we shall not be
relieved from our liability by reason of any such variation or extension being
granted to the said Contractor (s) or for any forbearance, act or omission on
the part of the Government or any indulgence by the Government to the said
Contractor (s) or by any such matter or thing whatsoever, which under the law
relating to sureties would, but for this provision, have effect of so relieving
us.
5. We,
____________________________ Bank*,
lastly undertake not to revoke this Guarantee during its currency except with
the previous consent of the Government in writing and that our liability under
this Guarantee shall not be impaired or extinguished on account of any change
in the Constitution of the said Contractor (s).”
6. Notwithstanding
what is stated hereinabove our liability under this guarantee is restricted
to Rs
___________________ (Rupees _____________________________________ only) and
shall be valid upto _____________________. Unless a demand/claim is made to us
in writing on or before that date we shall be discharged from all liabilities
under this guarantee.
7. Our
main / branch office located at _____________ Mumbai undertake to confirm
genuineness of the guarantee and that invoked amount, if any, under this
guarantee will be paid within 24 hrs of receipt of demand letter from DG (MAP)
without referring the matter to the original issuing Bank.
Date the _________ day of _____________ 20___________ for
_____________________________ Bank.
_____________________________________________________________________________________
APPENDIX ‘E’ (Contd/----)
*In the case of Banks, other
than the Nationalized Banks the word ‘Ltd’ will be added after the word ‘Bank’,
where the asterisk mark is indicated.
@
For Proprietorship Concern
Shri ____________________________
Son of __________________ resident of ________________ ____________________ carrying
on business under the name and style of ____________________ at
____________________ (hereinafter called ‘the said Contractors’ which
expression shall unless the context requires otherwise include his heirs,
executors, administrators and legal representatives).
For Partnership Concerns
(i)
Shri _____________________
Son of ________________ resident of _______________ and
(ii)
Shri
______________________________ Son of ___________________________ resident
of _____________________ carrying on
business in co-partnership under the name and style of ____________________ at
______________________ (hereinafter collectively called ‘the said Contractors’
which expression shall unless the context requires otherwise include each of
them and their respective heirs, executors, administrators and legal
representatives).
For Companies
_____________________________
Ltd., an existing Company within the meaning of the Companies Act 1956 and
having its registered office at ______________________ in the State of
_________________________ (hereinafter called ‘the said Contractor’ which
expression shall unless the context requires otherwise include their successors
and assigns).
Contractor DEPMC Accepting
Officer
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