Section 10 in General Rules and Directions for the Guidance of Contractors
10. - Stores supplied by Government - If the specification or estimate of the work provides for the use of any special description of material to be supplied from Engineer-in- charge stores or if it is required that contractor shall use certain stores to be provided by the Engineer-in-charge, specified in the schedule or memorandum here to be annexed, the contractor shall be bound to procure and shall be supplied such materials and stores as are from time to time required to be used by him for the purpose of the contract only and the value of the full quantity of materials and stores so supplied at the rates specified in the said schedule or memorandum may be set off or which may be deducted from any sum then due or thereafter become due to the contractor under the contract, or otherwise or against or from the security deposit or the proceeds of sale thereof if the same is held in Government securities the same or a sufficient portion thereof being in this case sold for this purpose. All materials supplied to the contractor either from departmental stores or with the assistance of Government shall remain the absolute property of Government and shall not in any account be removed from the site of work and shall be all times open to inspection by the Engineer-in-Charge. Any such materials unused and in perfectly good condition at the lime of completion or determination or rescinding of the contract shall be returned to the Divisional office's Stores, if by a notice in writing under his hand he shall so require and if on service of such notice the contractor fails to return the materials so required, he shall be liable to pay the price of such material in accordance with provision of clause 10A ibid. But the contractor shall not be entitled to return any such materials unless with such consent and shall have no claim for compensation on account of any such materials so supplied to him as aforesaid compensation on account of any such materials so supplied to him as aforesaid being unused by him, or for any wastage in or damage to any such materials. For the stores returned by the contractor he shall be paid for at the price originally charged excluding storage charges in case of materials supplied from departmental stores and actual cost including freight, cartage, taxes etc. paid by the contractor in case of supplies received with the assistance of Government which, however: should in no case exceed market rate prevailing at the time, the materials are taken back.
