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AGREEMENT

THIS AGREEMENT is made and executed at Mumbai on this 28th day of Nov, 2011.
BETWEEN
M/s Harbhajan Investment & Trading Pvt. Ltd.
Resham Bhavan, 2nd Floor, 78 Veer Nariman Road,
Mumbai 400 020
AND
M/s Aurangabad Multi Services
101/102, Akshaydeep Plaza, 9 Town Centre,
Jalna Road, Cidco, Aurangabad

... FIRST PARTY

SECOND PARTY

CONTRACT FOR PROVIDING MANPOWER


SHORT RECITAL:
1

M/s Harbhajan Investment & Trading Pvt. Ltd., the FIRST PARTY above
named, is a Company incorporated under the Companies Act, 1956 having its

Registered Office at 2nd Floor, Resham Bhavan,


Mumbai 400 020 (India).

78,

Veer Nariman

Road,

Cont..2..

2
2

M/s Aurangabad Multi Services, Aurangabad the SECOND PARTY as


mentioned above is a Contractor having its Office situated at Aurangabad and
engaged in the business of house keeping, gardening, material handling and
support services for cleaning contracts. The SECOND PARTY has specified
personnel to get the work executed at any place in India, under the Contract
Labour (R & A) Act, 1970.

The FIRST PARTY felt in prudent to engage the personnel in the category of
clerical staff and workers at different locations to assist regular Accounts/Finance
and Administration staff during the season on contract basis. The SECOND
PARTY offered its services of employing the aforesaid category of Personnel for the
First Party. The offer of the SECOND PARTY for engaging above said personnel on
contract basis is accepted by the FIRST PARTY.
NOW THE CONTRACT WITNESSETH AS UNDER :
A. TERMS AND CONDITIONS OF THE CONTRACT :
1.

It would be the responsibility of the SECOND PARTY to engage


Clerical staff / Worker on contract basis for the FIRST PARTY form time
to time at different locations during the season. The FIRST PARTY shall
inform to the SECOND PARTY regarding actual requirement well in
advance from time to time.

2.

It would be entire responsibility of the SECOND PARTY to recruit


suitable and capable personnel having skill and knowledge required to
work in Accounts / Finance and Administration Department on
contract basis during season as per requirement of FIRST PARTY. The
SECOND PARTY shall execute the work and shall ensure that proper
discipline is maintained by the staff / workmen assigned by him in the
Company premises.

3.

The SECOND PARTY shall indemnity the FIRST PARTY for all claims
of workmen compensation under the Workmens Compensation Act,
1923.

4.

The SECOND PARTY shall pay to his employees all dues (including
wages/salary) as per the provisions of the Payment of Wages Act, 1936
and shall ensure that the wages paid to the workers are not less
than the minimum wages provided under the Minimum Wages Act,
as revised from time to time. The SECOND PARTY shall deduct and
remit Provident Fund contribution and ESI contribution and pay
bonus and any other dues as may be payable by him as the employer,

under any law. The SECOND PARTY shall maintain such records and
registers and obtain such licenses or registrations as required by the
law. The said employees shall have no claims whatsoever against
the FIRST PARTY and should the FIRST PARTY have to bear any
cost due to the failure of the SECOND PARTY to ful fill his obligations,
the same shall be recovered from the amounts due to the SECOND
PARTY. The SECOND PARTY shall
obtain an Insurance policy to
cover his workmen in respect of injuries and for any claims arising
under the Workmen Compensation Act 1923. The SECOND PARTY shall
from time to time, keep the said policy renewed and furnish a copy of
the same to the Authorised Signatory.
5.

The FIRST PARTY shall be at liberty to keep an overall view of the


due performance of the Contract and to suggest improvements, and
the SECOND PARTY shall be under the obligation to remove such
defects and deficiencies whenever pointed out by the FIRST PARTY.

Cont.. 3 ..

3
6.

The SECOND PARTY shall submit to the FIRST PARTY the bill under
this contract soon after expiry of every calendar month (on or before the
2nd of the succeeding month) to the concern P&A Incharge who will
obtain
necessary
recommendation
from
Plant
Head/Works
Manager/Concern Incharge and submit it to the Finance Department of
the FIRTST PARTY by 4th of the succeeding month. The Finance
Department will issue the cheque on or before 6th of succeeding month.
The SECOND PARTY shall be under obligation to disburse the payment
to the Contract workers on or before 7 th of the succeeding month. Such
default by the SECOND PARTY will be viewed seriously by the FIRST
PARTY and SECOND PARTY would liable for action upto the extent of
terminate of contract.

7.

The FIRST PARTY shall be at liberty to impose the deduction or


enhancement of consideration on the basis of the extent of work
performed / not performed.

8.

The SECOND PARTY shall raise the bill for payment of bonus. On
receipt of bill, the First Party agrees to release 80% advance amount to
the Second Party. On submission of the details of said payment made by
the Second Party to the Contracted workers, the First Party shall
reimburse the balance amount of bonus to the Second Party.

9.

The SECOND PARTY shall keep the FIRST PARTY indemnified against
all claims arising out of this agreement.

10.

The SECOND PARTY shall indemnify the FIRST PARTY for any
losses, damages, sustained by FIRST PARTY owing to the
particular lapses attributable to the former, in due performance of
this contract, and shall make good all such instances in favour of the
FIRST PARTY.

11.

The SECOND PARTY shall deposit with the FIRST PARTY a sum of
Rs.5,000/- (Rupees Five thousand) only as security deposit for the due
observance of the terms and conditions of this agreement. The said
amount shall be forfeited by the FIRST PARTY in the event of any
default on the part of the SECOND PARTY in fulfilling the said terms
and conditions. The said amount shall not bear any interest and shall
be payable to the SECOND PARTY on termination of this agreement, if
not otherwise forfeited.

12.

The FIRST PARTY agrees to pay to the SECOND PARTY (Contractor) the
rate as shown in Annexure attached to this contract.

13.

The SECOND PARTY shall engage, remove or replace the Personnel


engaged on contract basis as per requirement of the FIRST PARTY from
time to time.

14.

The SECOND PARTY shall ensure that all his personnel, while in the
premises of the FIRST PARTY, comply with the FIRST PARTY'S rules
and regulations regarding safety. The SECOND PARTY shall ensure that
the personnel posted by him at office premises comply with all rules
and regulations.

15.

The SECOND PARTY shall ensure that the personnel posted by him on
the premises observe discipline and good conduct. In the event of the
FIRST PARTY finding any personnel not observing proper discipline
and /or proper conduct and /or committing misconduct, the FIRST
PARTY will be within its rights to request the SECOND PARTY to
forthwith withdraw such personnel from the premises and upon the
Incharge of the office premises so instructing the SECOND PARTY, such
personnel shall be forthwith removed.
Cont..4..
4 ...

16.

The SECOND PARTY shall not sub-contract this contract without the
prior written permission of the FIRST PARTY.

17.

The SECOND PARTY shall ensure that the wages are paid to the
personnel in the presence of the FIRST PARTY representative and for
his said purpose, shall keep the FIRST PARTY informed well in advance
the date, time and place of payment of wages.

18.

In case the employees of the SECOND PARTY who are deputed to the
premises of the FIRST PARTY do not attend work for any reason
whatsoever, the SECOND PARTY shall make alternative arrangements
so as to ensure that the work is done satisfactorily with no additional
cost to the FIRST PARTY.

19. The SECOND PARTY agrees that the contract Labours deployed by it
with the FIRST PARTY, are and shall continue to be the employees of
the SECOND PARTY and they shall be dealt with by the SECOND
PARTY as per the Law as applicable on the date of the signing of this
Contract.
20. The SECOND PARTY shall keep the Company indemnified against all
claims arising out of this CONTRACT including any loss, theft or
damage to the life / or property of the employees of the Company and /

or the property of the Company caused by the default, negligence or


lapse on the part of the Contractor or any of his employees / agents or
any claim of any nature whatsoever by any employee of the SECOND
PARTY against the Company.
21. It shall be the duty of the SECOND PARTY to submit a monthly
vigilance report alongwith the monthly bill as regards the working of the
Contract Labourer, their conduct, discipline and behaviour on the
premises of the FIRST PARTY and out side activities like discipline,
antisocial activities as such acts which are likely to jeo paradise the
safety, discipline and good working atmosphere in and our side the
premises of the FIRST PARTY.
22. PERIOD OF CONTRACT : The duration of this contract will be from 1 st
November 2011 to 31st October 2012 or till completion of work, if not
terminated earlier by the FIRST PARTY. However after expiry of contract
period referred above, the contract could be further extended on
mutually agreed terms & conditions between both the parties.
23. TERMINATION :
a)

The Contract shall stand automatically terminated on completion of


work or expiry of the contract, referred above.

b)

In the event of any breach in this charging the respective obligation


under this contract parties shall be at liberty to terminate the contract
in the interregnum with one month's notice form either side.

Cont.. 5 ..

24. JURISDICTION :
It is agreed between the parties that any disputes, claims arising out of
this contract shall be within the territorial jurisdiction of Mumbai
Court.

PLACE : Mumbai
DATE : 28.11.2011
AUTHORISED SIGNATORY
SIGNED ON BEHALF OF

AUTHORISED SIGNATORY
SIGNED ON BEHALF OF

FIRST PARTY

SECOND PARTY

Witnesses

01) _______________________

01) _______________________

02) _______________________

02) _______________________

ANNEXURE
Ref: Contract for providing manpower between M/s Harbhajan Investment & Trading
Pvt. Ltd., and Aurangabad Multi Services, Aurangabad to engage clerical staff /
worker for Accounts / Finance and Administration Department w.e.f. 01.11.2011.
The FIRST PARTY has agreed to reimburse the following expenses to the SECOND
PARTY.
A. WAGE DETAILS : Wages payable with effect form 1st November 2011 to 31st

October 2012.
Particulars :

Office Boy

a ) Basic
b ) HRA
c ) Special Allowance
d ) Conveyance Allowanace
Total

Rs. 5000.00
Rs. 2500.00
Rs. 1223.00
Rs. 1000.00
---------------Rs. 9723.00
===========

B. OTHER COMPONENTS :
a) Employers (Contractors) contribution to EPF & PENSION FUND @ 13.61% on
basic salary shall be reimbursed by the company at actuals on submission of
proof for payment.
b) The wages against overtime, if any, paid by the contractor to the contract labour
engaged by him will be reimbursed by the Company as per the Factories Act,
1948.
c) Bonus as applicable and if paid by the SECOND PARTY to its employees (engaged
for FIRST PARTY on Contract basis) will be reimbursed by FIRST PARTY on
submission of records as per clause 8 of the agreement.
d) Leave with wages paid by the Second Party to the labours will be reimbursed after
submission of necessary records.
e) Service Tax, if any, will be reimbursed after submission of necessary documents.
f)

Statutory dues, if any, paid by the contractor will be reimbursed by the FIRST
PARTY after submission of the proof i.e. contractor contribution towards Labour
Welfare Fund.

C) SERVICE CHARGES :- @ 8% ( Eight percent only ) on the Basic Salary


payable to the staff / worker ( based on actual attendance )
AUTHORISED SIGNATORY
SIGNED ON BEHALF OF

AUTHORISED SIGNATORY
SIGNED ON BEHALF OF

FIRST PARTY

SECOND PARTY

Witnesses

01) _______________________

01) _______________________

02) _______________________

02) _______________________