HIMACHAL PRADESH 762348

I ·

AGREEMENT m

• THIS AGREEMENT is made and signed on 5th AP!!l2016 between

the H.P. State Electricity Board Limited a Company regi;~~er Company Act e 1956, party of the First Part, herein referred as "HPSEB Limited" through its Deputy

·secretary (General), AND MIs. J.K.Enterprises, Lakkar Bazar, Shimla-1 (H.P.) ­

acting through Shri Balvinder Singh 51 0 Shri Mohan Singh, its proprietor, party

_ <".he Second Part, herein referred as "Contractor".

~rl t~ . WHEREAS the HPSEB Ltd.-First Party has agreed to award the s \v ~

; ')\IT o~ ~ P 'contract to the 2nd Party for providing the drivers to the HPSEB Ud.-151 Party

&througho the State as per its requirement for the period of one year w.e.f.

81.4.2016 to 31.3.2017 on outsource basis and the Contractor- 2nd party- has agreed

,to provide the drivers to the 151 party as and when so required.

Contd .. For J.K. ENTERPRISES

~ ~ I~ Auth. Signatory

WHEREAS the Contractor-2nd party has represented that he is

Registered Firm as per registration certificate issued by the Dy. Registrar of firms,

District Industries Centre, Shimla-1 and under the provisions of Contract Labour

(Regulations and abolition Act) 1970. and is empanelled with Licensing Officer-cum­

Labour Officer, Rampur Br. Zone, Rampur Distt. Shimla and has further represented

that he is eligible to get this contract and there is no need, legal or any other bar on him

in this respect. Any obligations and / or formalities which are required to be fulfilled

under the said Act or any amendment hereto for the purpose of entering into and / or

execution of this contract shall be carried out by the Contractor at his own expenses,

etc. and the Contractor shall report the compliance thereof to the Executive Director

(Pers), HPSEBL Vidyut Bhawan, Shimla (HP). The Contractor shall be solely liable for

any violations of the provisions of the said Act.

NOW THEREFORE, this agreement witnesses as under:

1 That the Contractor-2nd party shall provide adequate number of drivers to I ·

1stthe Party whenever and wherever required in the offices of the Company in the State including tribal and difficult and hard areas. The name parentage, residential address, age, qualification, shall be communicated to the Company office where the driver (s) is required well before the deployment of the incumbents. If any person is found unsuitable the services of such a person's will not be utilized by the Company and service provider will have to replace the person immediately. The antecedents of the persons to be provided will be got verified from the appropriate authority/police by 2nd Party -Service Provider and in case of any eventuality the service ·provider alone shall be responsiblelliable for the damages as shall be sustained by 1st Party

. on that account.

2 That the drivers so deployed should be Matriculate & should possess a valid driving license issued by the competent authority to drive Light Motor Vehicles (Transport) or Heavy Motor Vehicles (Transport) or both as per requirement of the Company. The driver must have at least 3 years experience of driving vehicles. Attested photo copies of the driving license/ experience certificate of the incumbents so deployed shall be produced by the service provider to the office of the Company where the driv.) is engaged. The driver must be proficient in driving most of the models of Light motor vehicles and Heavy Motor vehicles. The drivers should not be suffering from any disease and in support of this a medical fitness certificate issued by the Govt. Medical Officers shall also be required to be submitted with the joining of the driver.

.~ ~/ For J.K. ENTERPRISES . I)jp44y Secr~ry (Genl)HPSEB. Vidvut Shawano ~ AN-12 _At~

3 That the HPSEB Ltd.-First Party will pay the monthly emoluments @Rs. 9615/- (Rupees nine thousand six hundred and fifteen) only per driver in lump sum against a proper bill which shall be raised to the respective office at the end of each month where the driver is actually engaged as per following breakup:­

Sr.No. Particulars. Amount.

1. Drivers Salary (as per minimum wages 7050.00 @235/- per day fixed by the Board.)

2. EPF @13.61% 959.51

3. ESI @4.75% 334.88

4. Service & Adrnn. Charges @ 000.71 0.01%

5. Sub Total 8345.10

Service tax @14.5%6. 1210.03

Uniform/misc. charges.7. 60.00

8. Grand Total 9615.13

Say Rs.9615/-.

4 The payment of wages to the driver (s) and all other dues which the service provider is liable to pay under the various labour Laws & Regulations and other Statutory provisions shall be made by the 2nd party before 71h of every month even though the Company-HPSEBL has not made the payment of his bill for a month and 1s1 Party shall be absolved.'.1: of any such liability & claim what-so-ever. The Contractor- 2nd party shall

~,n::S E ensure that.all the employees deployed with the Company- First Party get 1"0 t / minimum wages and other benefits as are admissible under various

;8~~"" p ~'"\~Iabour laws. The Contractor- 2nd party shall be responsible for the deposit of employee's and employer's share of statutory contributions to the EPF/EDLIIESI with the concerned departmenUauthorities at his own level and shall also be liable for maintenance of such record as per rules.

For J.I(. ENTERPRISES. 6iioIy ~enl)HPSEB, Vidl?t Shawan, '~ShimJa - 4

c--- Auth. ~ignatory

5 In case the ,payment of wages of driver (s) and all other dues i.e. contributions to the EPF/EDLI/ESI and other statutory liabilities if any required to be deposited by the contractor are not made/disbursed by the contractor- 2nd ,Party for more than one month the same shall be disbursed/discharged by the Company-HPSEB Limited itself and equal amount shall be deducted from the bill and security deposit of the contractor including the amount of interest/penal interest as the case may be.

6 The wages of the driver deployed in tribal areas shall be paid extra @ 25% of the wages in which case the contractual amount would stand revised accordingly. The person so deployed by the service provider shall have no right to claim any benefit from the Company.

Every month the Contractor_2nd Party shall submit certificate to the following effect:­

"It is certified that wages to the driver (s) deployed with the Company for the month of have been paid strictly in accordance with the provisions of Minimum Wages Act and all the statutory deductions as required under the Contract labour Laws/other applicable statues have been made and deposited with the concerned authorities.

7 Income tax will be deducted from the bill as per income tax Law and the TDS certificate to the effect shall be issued to the Contractor by the respective office of the HPSEB Ltd . The service tax, shall be deposited by the first party- HPSEB Limited itself on the prevailing rates as per rules.

8 The Daily Allowance during tour (outside station) shall be paid to the concerned drivers @ Rs.130/per day for travel with in State and Rs. 200/­per day for travel outside the State as fixed by the Govt. of H, P.

9 That the driver (s) so deployed shall be fully responsible for the proper upkeep and maintenance of vehicle allotted to him. In case any

" S~E'O / accident takes place & occurs, for which the negligence is attributable to ~'{"E. ~~ L the concerned Driver after due enquiry & report of the authority as may

f!J6\..\c ~ 9 ~ be constituted or appointed for the purpose, the responsibility of)~ cF \0'\ ~mpensation shall lie with Contractor- Service Provider. Any other loss

to the machinery of the vehicle of the Company caused by the employee of the Contractor- 2nd party shall be recovered from the bill of the Contractor- 2nd party. The Company shall not be liable for payment of any compensation liable to be paid to any 3rd party on account of the acts

/ / . ~ ,,/

~ Secretn;.{( Gent) ~' • B. ,!Id~, ~t Bhawan.'L.- _. n _ For J.K. ENTERPRISES

or conduct of the employees of the Contractor- 2nd Party, which shall solely be' the liability of the Contractor-2nd party. In case the First Party have to discharge any liability in pursuance of Court orders or otherwise on account of any compensation or loss to third party, the HPSEB Ud­.First Party shall have the right to recover the same from the bills of Contractor-2nd Party including from the security deposit or by way of appropriate proceedings.

10 That the driver so deployed shall attend his duties in prciper 'uniforms daily which shall be provided by the Contractor-2nd party. The person shall work under the supervision of the concerned officer of the 1st Party. In case, any of the person so deployed by the Contractor- 2nd party does not come upto the mark or does not perform his duties or indulges in any unlawful act or misconduct, the HPSEB Ud- 1st Party shall have the right to remove such employees under proper intimation to the Contractor-2nd party and the Contractor-2nd party shall thereafter be under a legal obligations to provide the substitute.

11 That the services of the driver can be utilized 24 hours as per requirements of the Company as and when required. No over time shall be payable on working days normally after office hours for duty upto 3 to 4 hours. However, during holidays and for work beyond 4 hours, the extra charges shall be paid proportionately to the driver directly on hourly basis i.e. @ Rs. 25/- per hour. The vehicle after duty hours shall be parked by the drivers in the authorized parking/ office complex of the Company.

12 That the drivers so deployed will not proceed on leave without prior permission of the controlling officer. In case of long leave, suitable substitute shall be provided by service provider. No wages shall be paid for the days of absence from duty. The wages for absence from the duties shall be deducted from the bill proportionately. The drivers shall mark their attendance daily in attendance register which will be verifiedby the Controlling Officer.

That in case of breakdown of vehicle the repair shall be carried out by the driver with prior permission of the controlling officer and under the supervision of the Controlling Officers.

For J.K. ENTERPRISES, ~ ~'

Auth. ~ianatory

14 The contr~ctshall for the period of one year and shall come into force w.e.f.1.4.2016. Failure for providing the drivers as per the contractual obligation shall make the Contractor _2nd party liable for penal action against him as per law, terms and conditions of this agreement i.e. Imposition of penalty @ 10% of the monthly running bill. In case the default persists for a period of one month,in that event first party shall have right to rescind the contract agreement. The contractor shall be bound to carry on the services uninterrupted beyond the contract period till such time the contract is allotted to some other agency/ otherwise on the same rates, terms and conditions.

15 The persons deployed as Drivers shall be the employees of the Contractor-2nd party. There shall be no relationship of employer and employee in between the said person and the HPSEB Ltd-1 st Party.

16. All the disputes and differences in between parties hereto arising out of the contract agreement or relating thereto shall be referred to the sole

.Arbitration of the Executive Director (Personnel), HPSEB Limited, Shimla or his nominee appointed and shall be regulated and dealt with in accordance with the provision of Arbitration &Consolidation Act. 1996 and its amendments, if any, from time to time. The aggrieved party shall give notice of such disputed and differences within 30 days from the date of such disputes arises for appointment of Arbitrator and reference of disputes to the named Arbitrator for adjudication failing which the party may seek the appointment of an Arbitrator in accordance with law. The decision of the Arbitrator shall be final and binding upon the parties.

17 That any dispute shall be subject to jurisdiction of Shimla Courts only.

18 That the contract may be terminated in any of the following contingencies and eventuality:­

a) Shall be deemed to have been terminated on the expiry of the contract period in case of the same has not been extended further.

b) For committing breach of any of the terms and condition of the contract by the Contractor- 2nd party.

c) On assigning the contract or any part thereof or any benefit or interest therein or there under by the 2nd party to any third party by sub letting of

hole or a part of the contract without prior consent of the 1st Party.

d) In case the services rendered by the service provider are not found satisfactory and in conformity with the general terms and conditions

.oA"CS~tI prescribed for the contract the same shall be terminated 15 days period &:\ , ~ ~ _~. notice to the service provider.

~~\..\C NO" ~\.......p

:;...)\ft Of~

~ ,/ For J.K.. ENTEltPIUSES ~Secr~ry ( Gent) ~ &> ­HPSEB. Vidvut Shawano

e) On his declaration as being insolvent by the competent Court of Law.

19 In the event of exigencies arising due to the death, infirmity, insolvency of the service provider or for any other reasons or circuillstances, the liabilities of the contact shall be borne by the legal heirs of the 2nd party and the 1st Party or its successors shall be a liberty to revoke and discontinue the contract with the 2nd party further. .

2nd20 The workers engaged by the Contractor- party as per this agreement shall in no way be the part of Unions! Association of the Company. In case Company suffers any loss due to any dispute between the service provider and the workers, the loss so caused to the Company shall be recovered from the 2nd party.

21 That the service provider shall have to furnish noninterest bearing security deposiU Bank Guarantee of Rs. 5,00,000/· (Rs. Five lac) (valid

~ .: ' rt f:, . :!St for the period 1.4.2016 to 30.6.2017) in the name of Executive Director . (Personnel), HPSEB Ltd. Shirnla which shall be refunded to the 2nd partyt~\JBU~ ~ ~nly after successful completion of the contract and clearance of all kinds

.""J'/\ 0 of dues payable to the drivers by the 2nd party and production of NOC from the incumbents.

22 That in the event of increase in wages of daily waged drivers if ordered by the Govt. of H.P. and adopted in the HPSEBL, during the period of agreement, the salary of driver &contractual amount shall be revised and paid accordingly. The Service Tax shall also be paid accordingly as per rates fixed by the Govt. from time to time