AGREEMENT
THIS AGREEMENT made at Mumbai on the _______ day of __________________ between
HINDUSTAN
PETROLEUM
having
it
Registered
Office
at
_________________________________________ hereinafter referred to as “HPCL” (which
expression shall, unless repugnant to the context of meaning thereof, be deemed to include its
Directors, Successors and assignees) and M/s. ________________________________ having
its Registered Office at _________________________________________ hereinafter
referred to as the Contractor (which expression shall, unless repugnant to the context or
meaning thereof, be deemed to include its partners, successors and assignees).
WHEREAS the Contractor is engaged in providing housekeeping & maintenance services at
various establishments on contract basis.
WHEREAS HPCL for its office located at Plot No 1,Nehru enclave, Gomti nagar,Lucknow226010 is desirous to avail the services being provided by _____________.
THIS AGREEMENT is arrived on the following terms and conditions:1. That the personnel engaged for the services shall be the employees of the Contractor and
will take their remuneration/wages from the Contractor. They will have no right of
whatsoever nature regarding monetary benefits or any other benefits from the HPCL.
2. That the Contractor shall ensure that any dispute between the Contractor and his
workmen is settled outside the company premises and he shall in no way utilize the premises
property etc. for this purpose.
3. The Contractor shall maintain and perform the jobs in a professional manner as
mentioned in this Agreement.
4. The Contractor shall not assign or transfer this Agreement for performing the jobs to any
one nor shall appoint a sub-Contractor for the said purpose. The Contractor or his
representative should always be available at the premises to supervise the jobs being undertaken
by the Contractor for the Corporation.
5. All cleaning materials like detergents, soaps, etc. will be supplied by the Contractor
The Contractor with a view to improve the effectiveness and efficiency of the services provided
by him, shall implement faithfully all the suggestions / directions given by the Corporation
from time to time.
6. The Contractor shall comply with the provisions of all the applicable labour laws,
particularly following Acts and any amendments / modifications thereto or any other law
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relating thereto and Rules made thereunder from time to time and comply with all provisions
applicable there in and/or make all the payments specified therein.
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
Payment of Wages Act, 1936
Workmen’s Compensation Act, 1923
Industrial Disputes Act, 1947
Minimum Wages Act, 1948
Employees’ State Insurance Act, 1948
Maternity Benefit Act, 1961
Mines Act, 1952
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
Contract Labour (Regulation and Abolition) Act, 1970
Payment of Bonus Act, 1965
Factories Act, 1948
Shops and Establishments Act
Child Labour (Prohibition & Regulation) Act, 1986.
7. The Contractor shall be fully responsible for complying with the provisions
(including documentation, maintenance of registers and submission of Reports /
returns under the above Acts to the concerned authorities) and shall indemnify the
Corporation from any such lapses for which the Government / Statutory authorities
thereunder may take action against the Contractor and / or the Corporation.
8. The Contractor shall be liable to pay his contribution and his employees
contribution to the State Insurance Scheme, Provident Fund Authorities, etc, in respect
of all his employees for the performance of his obligations under this Agreement in
accordance with the provisions of the Employees’ State Insurance Act, 1948, Employees
Provident Fund and Miscellaneous Provisions Act, 1952 as amended from time to time.
9.
The Contractor shall pay the wages to his workmen in presence of the
competent persons engaged by the management and his records can be verified by the
management as required under the law and shall furnish details/records to the
management by the 10th day of the following month that he has paid wages (not less
than the min. wages as fixed and/or revised) to his workers and complied with the
statutory provisions pertaining to the Employees State Insurance Act, 1948, Employees
Provident Funds and Misc. Provisions Act, 1952, as amended from time to time. In case
the Contractor fails to submit and/or pay full details of his labour employed and the
contributions payable, the Corporation shall recover from the monthly bills of the
Contractor the amount of the shortfall in contribution accessed by the concerned
authorities. The amount so recovered shall be paid to the concerned authorities against
the actual contribution payable for Employees State Insurance or Employees Provident
Fund, etc.
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10. The Corporation shall also have the power to deduct any sum required / estimated
to be deducted from the amounts due to the Contractor for the following:i)
Making good the loss suffered by his employees due to non fulfillment of
Contract Labour (R&A) Act, 1970.
ii)
Non payment of wages / minimum wages under the applicable statutes.
iii) Deductions from the wages of his employees which cannot be justified under the
Contract Labour (R&A) Act, 1970.
iv)
Non observance of any of the provisions of the Contract Labour (R&A) Act,
1970.
11. Such deductions mentioned in Clause 10 above will only be made based on a report
from the local Labour Commissioner / Inspecting Officer in accordance with Contract
Labour (R&A) Act, 1970.
12. The Contractor shall at his own cost employ suitably qualified persons for all the
jobs required to be carried out by him under this Agreement. However the contractor
shall not deploy any woman / children for carrying out the contractual job within the
Corporation’s premises.
13. All payments shall be made by the Contractor to his employees in accordance with the
various Rules & Regulations stated above. The Contractor shall keep the Corporation
indemnified from any claims whatsoever inclusive of damages / costs or otherwise arising from
injuries or alleged injuries to or death of persons employed by the Contractor.
14. The Contractor shall, at his own expense, comply with the Model Rules for labour welfare
framed by the Govt. / Statutory Authorities under the various labour laws from time to time
for the protection of their health, etc. In case Contractor fails to make arrangements as
aforesaid, the Corporation shall be entitled to do so and recover the cost thereof from
Contractor.
15. The Contractor shall at his own expense arrange for the safety provisions as required by the
Corporation in respect of all his labour directly or indirectly employed for performance of his
obligations under this Agreement and shall provide all facilities in connection therewith. In
case Contractor fails to make arrangements and provide necessary facilities as aforesaid, the
Corporation shall be entitled to do so and recover from Contractor.
16. The insurance for the following will be covered and paid for by the Contractor and he shall
indemnify the Corporation and hold the Corporation harmless in respect of all any expense
arising from any injury and or damage in respect of :
i)
Workmen’s compensation and risk of accidents to Contractor’s own employees, if
applicable.
ii)
Risk of accident to third parties through acts of Contractor’s own employees,
representatives and the risk of damage to the property of third parties arising out of the acts of
Contractor’s employees, representatives and agents, and
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iii)
Risk of damage to the property of the Corporation through the acts of Contractor’s
employees, representatives and agents.
17. The Contractor will be fully responsible for complying with all relevant provisions of the
Contract Labour (R&A) Act, 1970, including registering himself / themselves under this Act,
if applicable and shall pay rates of wages and observe hours of work and conditions of
employment according to rules in force from time to time.
18. The Contractor shall observe and implement all the laws of the land and the rules framed
thereunder for the staff employed by him and the Corporation shall in no event be liable or
responsible for any default or non observance of such laws / rules on the part of the
Contractor.
19. The Contractor shall indemnify and keep indemnified the Corporation against any damage
and / or injury caused to the premises, or to the properties or to the members of the staff of
the Corporation through the neglect or default or otherwise of the Contractor.
20. The Contractor shall on or before the execution of this Agreement furnish a bank
guarantee from a nationalized / scheduled bank for Rs. _________ as per the format given by
the Corporation. The Corporation shall hold this Bank Guarantee as a guarantee for timely
and proper performance of the work by the Contractor. The said Bank Guarantee shall be
invoked by the Corporation in the event of any breaches or negligence or default by the
Contractor.
21. The Contractor shall obtain prior permission from the local management / security
department of the Corporation, atleast 24 hours in advance, so as to arrange passes for his
workmen / representatives for entering into the Corporation’s premises on Sundays / holidays.
Moreover the contractor shall also submit the list of the workmen engaged by him, for
performing the contractual obligations during the tenure of the contract, to the Corporation
so as to arrange for necessary passes for entering the premises of the Corporation.
22. The Contractor will furnish to HPCL the particulars viz. Name, Father’s Name, Age,
Photograph, Permanent Address, etc. of the workmen engaged by them for the purpose as
mentioned above in the premises of the HPCL. The contractor will also arrange their
antecedent verification from police and also ensure that they are fit for conduct for rendering
the requisite services.
23. That the Contractor shall make the payment to its employee before 7th of every month.
After making the payment, the Contractor shall raise the bill on the HPCL alongwith copy of
ESI & EPF, Service Tax challan if applicable along with duly certified MRR which shall be
cleared within 30 days of receipt by the Corporation.
24. It is clearly understood by both the parties that for providing house keeping and
maintenance services under this agreement the workmen engaged by the Contractor shall be
the employees of the contractor only and not of HPCL and there shall be no master servant
relationship between the workmen so engaged by the Contractor
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25. That the Contractor shall be responsible to keep all records of payment, attendance, leaves
etc. as necessary under law or otherwise about the employee and HPCL shall not be responsible
for the same in any manner.
26. In case of non-payment of wages by the Contractor to their employees, and on being
satisfied that such payments have not been made by the Contractor within the stipulated
period as mentioned herein above, the HPCL shall have the right to pay the dues to the
Contract workmen engaged by the contractor for performing the aforesaid contractual
obligations and deduct the amount so paid from the bills submitted by the Contractor.
27. That if during the subsistence of the contract, any monetary liability occurs and/or
becomes payable by the Contractor and has to be paid by the HPCL by order of any authority
or under any provisions of any law, the amount of such liability shall be recovered by HPCL
from the Contractor from the next bill / security deposit, as applicable.
28. That in case the services are not provided at any time for whatsoever reasons, the
Contractor shall make alternative arrangements so as to enable the work to be done
satisfactorily at no extra cost to the HPCL. If no such alternate arrangements are made,
proportionate deductions shall be made out of the contract amount. HPCL shall be free to
make alternate arrangement the cost of which shall be recovered from the Contractor’s bills. In
case of not providing the services on a particular working day, the pro rata deduction would be
made from the monthly bill for the aforesaid day.
That the contractor shall be responsible for the discipline and conduct as well as for quality of
work done by the employees by them for fulfillment of this agreement.
29. That any loss, theft or damage to the life and/or property of the employee of the HPCL
and/or property of HPCL shall be compensated by the Contractor, if the cause of such loss,
theft or damage is on account of default, negligence and/or lapses of the employees of the
Contractor. Any act of indiscipline / misconduct / theft / pilferage on the part of the
employees of the Contractor would be viewed seriously and the Corporation will have the right
to terminate the contract forthwith without giving any prior notice.
30. The Contractor shall be responsible for providing amenity as required to be provided
under the provisions of Contract Labour (Regulation and Abolition) Act, 1970. In case of
failure of the Contractor to provide such amenity, HPCL shall be free to provide the same and
HPCL shall have right to recover all expenses incurred in providing such amenity from the
Contractor either by deduction from any amount payable to the Contractor under any contract
or as a debit payable by the Contractor.
31. That the tenure of this agreement is of 1 year effective from _________ to __________
and on the expiry of the said period the contract will be extended by another period of one
year at the same Rates, Terms & Conditions of this contract, in the event of satisfactory
performance during the initial period of this at the sole discretion of HPCL.
32. All payments to the Contractor shall be subject to deduction of Income Tax as per
provisions of Income Tax Act, 1961.
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33. Arbitration:
Any dispute or difference of any nature whatsoever or regarding any rights, liability, act,
omission or account of any of the parties hereto arising out of or in relation to
agreement/contract shall be referred to the sole arbitration of the Director (M) of the
Corporation or some Officer of the Corporation who may be nominated by them. The
dealer/contractor/party/lessor/the agency etc. shall not be entitled to raise any objection to
the appointment of such officer of the Corporation as the sole arbitrator on the ground that
the said officer is an officer of the Corporation or that he/she has to deal or dealt with the
matter to which the contract relates or that in the course of his duties as an officer of the
Corporation he/she has/had expressed views on all or any of the matters in dispute or
difference.
In the event of the arbitrator to whom the matter is originally referred to being transferred or
vacating his/her office or being unable to act for any reasons, the Director (M) as aforesaid
shall designate another officer to act as arbitrator. Such Officer shall be entitled to proceed
with the reference from the point at which his predecessor. It is also a term of this Contract
that on person other than Chairman and Managing Director/Director (M) of the Corporation
as aforesaid.
The award of the Arbitrator shall be final, conclusive and binding on all parties to the
agreement/contract subject to the provisions of Arbitration Act, 1940 and the rules made
thereunder from the time being in force shall apply to the arbitration proceedings under this
clause.
The award shall be made in writing and published by the Arbitrator within six months after
entering upon the reference or within such extended time not exceeding further four months
as the sole arbitrator shall by in writing under his own hand appoint. The Arbitrator shall
have the power to order and direct either of the parties to abide by the observe and perform all
such directions as the arbitrator may think fit having regard to the fact that the arbitration
proceedings have to be completed within the specified period solely on the principles of
natural justice.
The Arbitrator shall be at liberty to appoint, if necessary any accountant or engineering or
other technical person to assist him, and to act by the opinion so taken.
The Arbitrator shall have powers to make one or more awards whether interim or otherwise in
respect of the dispute and difference and in particular will be entitled to make separate awards
in respect to claims or cross claims of the parties.
The Arbitrator shall be entitled to direct any of the parities to pay the costs of the other party
in such manner and to such extent as the arbitrator may in his discretion determine and shall
also be entitled to require one or both the parties to deposit funds in such proposition to meet
the arbitration expenses whenever called upon to do so.
The parties hereby agree that the courts in the city of LUCKNOW alone shall
have jurisdiction to entertain any application or other proceedings in respect of
anything arising under this agreement/contract and any award made by the sole
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arbitrator hereunder shall be filed in the concerned court in the city of Lucknow
only.
GENERAL:
1. This Agreement constitutes the entire agreement and understanding of the
Parties, and supersedes any previous agreement or understanding between the
Parties, relating to the subject matter of this Agreement.
2. Any notice/correspondence required to be given under this Agreement shall be in
writing and must be left at the address of the party to whom it is addressed (the
“recipient”) sent by registered post or by courier or by hand delivered to the
address of the recipient, or sent by fax to the fax number of the recipient which
is specified herein below : (or if the recipient has notified another address or fax
number, then to that address or fax number).
a. The Contractor
___________________
___________________
b. The Corporation
_________________
_________________
_________________
1. This Agreement shall not be varied, amended or modified by either Party in any
manner whatsoever unless such variation, amendment or modification is mutually
discussed and agreed to in writing and duly executed by both the Parties.
2. This Agreement may be executed in two or more counterparts, each of which,
when executed and delivered, is an original, but all the counterparts taken
together shall constitute one document.
IN WITNESS THEREOF the Parties hereto have entered into this Agreement the day
and year herein above written
Signed and Delivered By the Authorized Representative for and on behalf
of:
________________(Company)
____________________(Security Agency)
Signature
Signature
Name
Designation
Name
Designation
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WITNESS 1
WITNESS 2
The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to
entertain any application or other proceedings in respect of anything arising under this
agreement/contract and any award made by the sole arbitrator hereunder shall be filed in the
concerned courts in the city of Mumbai only.
Accepted for and behalf of
HINDUSTAN PETROLEUM CORPN. LTD.
CONTRACTOR
AUTHORISED SIGNATORY
Place:
Date:
WITNESSES:
(1)
(2)
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