1.  OFFER & ACCEPTANCE

That CONTRACTOR hereby offers to provide housekeeping services on contractual
basis to FIRST PARTY at its Premises and FIRST PARTY hereby accepts the same under this annual maintenance contract. 

2.  SCOPE OF SERVICES 

…………………………

3.  DEALING PERSONS

 

….………………………

 

4.  RIGHTS & OBLIGATIONS OF BOTH PARTIES

 

i.  That CONTRACTOR agrees to execute, fulfill &
discharge the work as may be assigned by FIRST PARTY from time to time in the
manner agreed to the entire satisfaction of FIRST PARTY on all days as per the
requirements of FIRST PARTY during the period of this agreement.

ii.  That CONTRACTOR shall inform FIRST PARTY in writing in
advance about any change in its name, address, business, ownership, status or constitution.

 

iii.  That CONTRACTOR shall      give     
leave/      holidays      to      
its       workforce/labour on
CONTRACTOR’s roll as per the provisions of Labour Laws as applicable in the state.

 

iv. That employees of CONTRACTOR will make their own
arrangements for food and snacks while at work at their own cost and FIRST
PARTY will not provide any canteen facility.

 

v.  That FIRST PARTY reserves the right to appoint one or
more other contractors and distribute the work among them during the currency
of this agreement at its unfettered discretion in any manner.

 

vi.  The relationship between the Parties hereto shall be
on Principal to Principal basis. Nothing herein contained shall be deemed to
constitute an Employer and employee relationship between the parties. Nothing
herein contained shall allow a party to act as an agent of any other Party.

 

vii.  That CONTRACTOR shall be responsible and liable for
the loss that FIRST PARTY may incur 
on  account   of  
any   act,   omission,  
commission   and/or   negligence  
of   personnel  of CONTRACTOR. The decision of FIRST PARTY
shall be final and binding in all such cases.

 

viii.  That parties to this contract further represent and
undertake that they are fully competent and authorized to enter into this
agreement and their respective signatories are duly authorized to execute this
agreement on behalf of them

 

ix.  That CONTRACTOR undertakes to keep fully secret and
confidential the information received by him/his staff from FIRST PARTY during
the continuance of this agreement and also thereafter, and not to  divulge 
it  in  any 
way  without  obtaining 
express  written  permission 
of FIRST PARTY, except in the case where any such information is
required to be disclosed by him under any provisions of law to a court or any
such other judicial / legislative / regulatory authority provided he gives
prior information to FIRST PARTY so that FIRST PARTY may initiate any
preventive steps available under law in this
regard.

 

5.  SUPERVISION

That SECOND PARTY shall arrange for
supervision of its personnel to ensure proper control for executing the job
smoothly and efficiently.

 

6.  UNIFORM AND TRAINING 

…………………………

7.  REPLACEMENT

i. That SECOND PARTY ensures proper
performance, conduct/ discipline, character and behaviour of the personnel
engaged by or through him and shall replace any personnel at any point of time,
at the sole discretion of FIRST PARTY within a period of 24 hours whenever such
a wish is expressed to him in explicit terms.

 

8.  EMPLOYER- EMPLOYEE

i. That SECOND PARTY being the employer of the personnel
engaged by it and/or on SECOND PARTY’s rolls shall alone be entitled to hire or
fire them. FIRST PARTY shall, under no circumstances be deemed or treated as
the employer in respect of any person(s) employed by or through SECOND PARTY
for any purpose whatsoever nor would FIRST PARTY be liable for any claim(s)
whatsoever of any such person(s).

 

ii. That SECOND PARTY alone shall have the right to take
disciplinary action against any person(s) engaged by it, while no right
whatsoever shall vest in any such person(s) to raise any dispute and / or claim
whatsoever against FIRST PARTY.

 

9.  SUB-CONTRACTOR

i.  That SECOND PARTY shall not appoint any
sub-contractor/ third party to carry out any obligation under the agreement.

 

10. ACCIDENT OR UNTOWARD INCIDENT

i.   That in the event of unfortunate accident resulting
into temporary, partial or total disablement or death or other natural
calamities of any of SECOND PARTY’s personnel,
SECOND PARTY shall ensure that immediate and adequate
medical aid viz. First aid and subsequent treatment facilities are provided to
the concerned personnel free of cost and without fail. In addition, SECOND
PARTY shall solely be liable for meeting with statutory liabilities under the
ESI/PF or Employees’ compensation Act. In case any such expenses including
hospitalization expenses are incurred by FIRST PARTY of its own, then it
reserves all right to recover the same from SECOND PARTY including interest
thereon, if any.

 

ii. That in case of any untoward incident which can
prejudice the interest of FIRST PARTY, FIRST 
PARTY shall  have  full 
right  to  make 
suitable  inquiry  / 
inquiries  from  the 
Staff   of SECOND PARTY either in
writing or verbally for official purposes including for any witness in Court or
before concerned authorities.

 

iii. That if it is found that any person/Staff of SECOND
PARTY is involved or abetted, directly or indirectly, in any such theft,
sabotage, pilferage, fire, physical violence and/or any untoward incident  which   
can    prejudice    the   
interest     of FIRST     PARTY at inside/outside  the Premises of FIRST PARTY, then FIRST PARTY
shall be at full liberty to take suitable legal or otherwise action against the
erring staff as well as against SECOND PARTY for damages, costs of consequences
whether during the tenure of this agreement or
thereafter.

 

11.  PERFORMANCE

i.  That SECOND PARTY shall perform the
work assignments to the best satisfaction of FIRST PARTY in case of unsatisfactory
performance FIRST PARTY reserves the right to terminate the contract forthwith
and SECOND PARTY shall not raise any claim/demur/protest for such termination
of contract. In that case the legal payments, if any, made to the workforce of
the SECOND PARTY shall be fully recoverable from SECOND PARTY.

 

12.  LICENCES AND STATUTORY COMPLIANCE

i.    That SECOND PARTY shall alone be responsible for
Compliance of all labour legislations (as may be amended from time to time) in
respect of persons employed by or through him and deputed for the above
services being provided to FIRST PARTY including Contract Labour (Regulation
& Abolition) Act, Minimum Wages Act, Employees Provident Fund and

Miscellaneous Provisions Act, Employees State
Insurance Act, Payment of Bonus Act, Payment of Gratuity Act, Industrial
Dispute Act, Inter-State Migrant Workers Act etc. and rules made thereunder (as
may be amended from time to time). However, it may be noted that Minimum rates
of wages shall be as per the notifications of concerned State Government only.

 

ii.  That SECOND PARTY shall prepare, maintain and submit all
records, documents, returns, registers, notice, etc. as required under various
Labour Legislations in the prescribed manner as applicable from time to time
and within prescribed time to the concerned statutory authorities and produce
the same on demand of FIRST PARTY or any statutory authority inspecting the
records of FIRST PARTY. SECOND PARTY shall keep update knowledge of the various
labour laws as are and which become applicable from time to time and shall take
effective and speedy steps to comply with the same. In the event of breach of
any law applicable to the Personnel engaged by SECOND PARTY, SECOND PARTY alone
shall be responsible and liable for penal action that may arise as a result
of  such 
breach  or  violation 
and  consequences  thereof, 
if any.

 

iii.    That SECOND PARTY ensures to pay the entire wages
payable by it under Minimum Wages Act, 1948 as applicable from time to time, as
gross wages to the workforce deployed / to be deployed and SECOND PARTY further
ensures to deposit the PF and ESI contribution on such gross wages with the
appropriate authorities within due dates and shall submit the copy of challan
for the PF & ESI contribution deposited by it along with its details to
FIRST PARTY. In case, SECOND PARTY fails to provide the requisite
returns/certificates as aforesaid, the payments of its bill shall be stopped by
FIRST PARTY and FIRST PARTY shall terminate this agreement forthwith without
any notice with SECOND PARTY.                                                        .

 

iv. That SECOND PARTY shall obtain and maintain at all
times during continuance of this agreement all necessary permissions, approvals
and required licenses and pay necessary taxes in relation to or in connection
with the job assigned under this agreement.

 

13.  SUBMISSION OF DOCUMENTS

i. SECOND PARTY shall submit

a.
………………………………

 

14.  INDEMNIFICATION

i.  SECOND PARTY alone shall be responsible
and FIRST PARTY shall not be held responsible/liable under any circumstances
for any accident or injury and/or any third party claim arising out of such
accident and any temporary/permanent/partial/total bodily disablement/injury/infirmity
and/or death arising out of any such accident of SECOND PARTY’s personnel
engaged for the assigned services for FIRST PARTY in terms of costs, claim,
compensation, damages or any other consequences legal or otherwise.

ii  SECOND PARTY shall observe and comply with all Rules
and Regulations of the Central/State Government or the provision of any law
including rules and regulations of any local authority in force from time to
time which may be applicable.

iii  SECOND PARTY hereby indemnifies and keep FIRST PARTY
indemnified and its directors,
officers and employees and save them harmless against any action, proceedings
claims or demands of any person, Government or local authority made against
FIRST PARTY, it directors, officers and employees in respect of or as a result
of the business operations carried on by SECOND PARTY or SECOND PARTY
committing any breach of the provisions of any statutory regulations and/or
this agreement or in consequence of any act or commission or omission or
default of SECOND PARTY, their servants, agents or workmen and against all
costs, losses, damages, hardship, injuries, charges and expenses which FIRST
PARTY may have to pay, incur or sustain by other wise, in relation thereto.

iv.  During the continuance of this agreement or its
renewal thereof, it shall be responsibility of SECOND PARTY to ensure that all
Rules and Regulations relating to the employment of Labour under any statute,
whether existing or becoming applicable on a future date, including payment of
Provident Fund, Employees State insurance, Gratuity and other provisions are
complied with by SECOND PARTY and in the event of SECOND PARTY committing
breach of any of the provisions or if due to any  reason, FIRST 
PARTY is  sought  to 
be  made  liable 
for  the  same, SECOND PARTY shall indemnify and keep
FIRST PARTY indemnified against all costs, charges and expenses, damages
or amounts which FIRST PARTY may
be required to incur and sustain by reason of any action, claims or
demand. Such persons shall not in any way or claims to be the employees of
FIRST PARTY.

V.  If any, damage is caused to any property
or any injury is caused to or the death occurs of any person inside/outside of
the Premises of FIRST PARTY due to the act or default or any person employed by
SECOND PARTY, SECOND PARTY alone will be liable in damage or for compensation
in respect thereof and SECOND PARTY agrees to indemnify FIRST PARTY and to keep
FIRST PARTY indemnified against all losses, damages, costs, charges, expenses,
suits, proceedings and all liability of whatsoever nature and kind which FIRST
PARTY may incur, sustain, suffer or put to in consequence or by reason of such
damage, injury or loss of life.

vi. SECOND PARTY shall indemnify and keep
FIRST PARTY indemnified against any loss or damage or cost, charges, suits,
proceedings and expenses and all liability of whatsoever nature or kind that
may be caused by non-performance of the term(s) of this Agreement or any
wrongful act and /or default  on  the 
part  of SECOND  PARTY or 
their  agents or  servants and/or  any of SECOND PARTY’s undertaking being
false, incomplete or incorrect.

 

15.  LIABILITIES

i. That SECOND PARTY shall be responsible and
liable for the loss that FIRST PARTY may incur on account of any act, omission,
commission and / or negligence of workforce of SECOND PARTY.  The 
decision  of  FIRST 
PARTY  shall  be 
final  and  binding 
in all  such 
cases  and SECOND PARTY shall make
good the loss sustained by FIRST PARTY either by
replacement of the material / equipment or by payment of compensation.

 

16.  VALIDITY 

That
this agreement is initially valid from ……………., to………………………….. which
may further be renewed for such period on such terms and
conditions as may be mutually agreed upon by both the parties.

 

17.  AMENDMENT

That it is the complete and exhaustive
statement of Agreement between FIRST PARTY and SECOND PARTY and this agreement
supersedes all proposals, oral or written and all other communications and
prior agreement between the parties. The terms of this agreement shall not be
amended, modified or rescinded except by a written instrument signed by both
the parties.

 

18.  TERMINATION

That should either party to this
agreement requires terminating it before its natural expiry, it shall give ……..
month prior written notice to the other party, at the expiry of which this
agreement shall stand determined.

 

19.   SEVERABILITY

Should any provision(s) of this agreement
be held invalid or unenforceable under the laws of India, such invalidity shall
not affect any other provision(s) of this Agreement, and neither shall it be
held to affect the Agreement in its entirety. This agreement shall then be
construed as if it did not contain the provision(s) held to be invalid, and the
parties shall endeavor in good faith to replace such invalid provision(s) with
new provision(s) which shall be, as nearly as possible, similar in its/their
legal and commercial effect to the original and replaced provision(s).

 

20.    PAYMENT TERMS

That the SECOND PARTY shall be paid as per Annexure A.

 

21.   GOVERNING LAW

This
Agreement shall be governed and construed in accordance with the laws of India.

 

22.   ARBITRATION

i.    That in case any dispute or difference or question
arises between the parties as to the interpretation or effect of any clause or
clauses of this Agreement or as to the performance or non-performance of the
terms thereof or in connection with any rights or duties or obligations of any party thereunder or as to any other dispute
touching the contents of the agreement or these presents shall as far as
possible, be resolved mutually by both the parties.

 

ii.  That if the parties fails to resolve then only the
same  shall be referred to the
arbitration of   the……………..      , as sole arbitrator appointed under the provisions of the
Arbitration and Conciliation Act, 1996 including any
statutory modification(s) or re-enactments thereof for the time being in force.

 

iii. That the award so made shall be final and binding on
both the parties. The cost of reference and award shall be shared equally by
both the parties except otherwise decided by the sole arbitrator. The territory of……………… is understood
and mutually agreed upon by both the parties as the place of arbitration. However, the
provisions contained in this clause shall be without prejudice to any other
right available to FIRST PARTY under any other law for the time being in force
in India.

 

iv.  The Parties agree that the existence of this
arbitration provision shall not in any way limit the right or ability of the
Parties to obtain interim relief, including without limitation a temporary
restraint order, preliminary injunction or decree, as may be necessary, to
protect either Party against, or on account of, any breach or violation of this
Agreement, in any court of law having jurisdiction thereof.

 

23.  JURISDICTION

That this Agreement is and shall be deemed to have been executed
at………….. and only
courts at ………. shall have jurisdiction in all matters
arising  out  of 
or  connected  with 
this  Agreement.

 

IN WITNESSTH the parties hereto execute
and sign this agreement after fully understanding its meaning, purpose and
intent on the date and place mentioned above

For First Party

1.   Signature