GOVERNMENT OF TAMIL NADU

TEMPLATES REGARDING COMMERCIAL CONTRACTS

Disclaimer – this legal form and document is for reference only. Any document that you
enter into, should be in consultation with an Advocate or a Solicitor. The Government
will not be responsible for any claim arising out of the use of the following document.

Deed of Partnership (Amendment/Alteration)

This Deed of Partnership is made at…………….on this ………….day of 2016 by and

between Thiru……………………… aged about …………… years, resident of
……………………. (Hereinafter to be called the First Party) wherever the context so
admit includes their heirs and successors; Thiru………………. aged about …………..
years, resident of …………………………….. (Hereinafter to be called the Second Party)
which expression unless repugnant to the context mean and includes their heirs and
successors; Thiru………………. aged about …………… years, son of
Thiru……………………… resident of (Hereinafter to be called the Third Party) which
expression unless repugnant to the context mean and includes their heirs and
successors; Thiru…………………………… aged about …………..years, resident of
(Hereinafter to be called the Fourth Party) which expression unless repugnant to the
context mean and includes their heirs and successors;

WHEREAS, the parties to this deed have been carrying on the business of
……………………. under the name and style of M/s. ……………………. with its
principal place of business at ………………. on the terms and conditions incorporated in
the Partnership Deed executed on …………………….;

AND WHEREAS, the parties to this deed have been carrying on the above said
business in partnership on the terms and conditions orally and mutually agreed amongst
themselves as aforesaid;

AND WHEREAS, the parties to this deed desire that the terms and conditions on which
they have been carrying on the above said business in partnership since…………….
and propose to continue in future be reduced to writing to avoid future difficulties or
misunderstanding.

NOW, THEREFORE THIS DEED OF PARTNERSHIP WITNESSETH as under,

incorporating the aforesaid amendment/alteration in the terms and conditions of the
partnership:

1. That the partnership business has been and shall continue to be carried on under
the name and style of M/s ……………………………………

2. That the partnership business has been and shall continue to be that of ………….
with its principal place of business at ………….. The parties by mutual consent may
carry on business at such other place or places, in such other name or names and of
such other nature or natures, as they may deem fit and proper from time to time.
3. That the amount lying to the credit of the partners as on dated ……… shall be
deemed as their capital investment. Further capital, loans or deposits looking to the
needs/requirements of the partnership firm shall be arranged, invested or contributed by
the partners.

4. That interest at the rate of 18% per annum or as may be prescribed under section
40(b) (iv) of the Income-tax Act, 1961 or any other applicable provisions as may be in
force in the income-tax assessment of the partnership firm for the relevant accounting
period or at a lower rate as may be agreed to by and between the parties from time to
time shall be paid to the partners or credited to the partners on the amount standing to
the credit of the account of the partners. Such interest shall be considered as an
expenditure of the firm and shall be debited to the Profit & Loss Account of the firm
before arriving at the divisible profit or loss. The interest to persons other than partners
shall be paid or credited to their accounts at the rate or rates as may be agreed to by
and between the partners and such persons from time to time.

5. That Thiru …………………. Thiru …………………. and Thiru …………………. the

parties of the …………….. parts have agreed to keep themselves actively engaged in
conducting the affairs of the business of the partnership firm. The said partners shall be
working partners. It is hereby agreed to that in consideration of the said parties
keepting themselves actively engaged in the business of the partnership firm and
working as working partners, shall be entitled to remuneration on monthly basis/yearly
basis. The remuneration payable to the said working partners shall be computed in the
manner laid down or deduction under section 40(b)(v), read with Explanation 3 of the
Income-tax Act, 1961 or any other applicable provision as may be in force in the
income-tax assessment of the partnership firm for the relevant accounting year. Such
amount of remuneration shall be distributed between the said working partners in the
following proportion:

a) Thiru. ………………………… per cent of such amount

b) Thiru. ………………………… per cent of such amount
c) Thiru. ………………………… per cent of such amount

The partners shall be entitled to increase or reduce the above remuneration and may
agree to pay remuneration to other working partner or partners as the case may be.

6. That the parties hereto shall be true and faithful to each other and shall not do or
cause to be done anything which may be detrimental to the interest of the firm.

7. That the parties shall keep or cause to be kept proper books of account and
documents and shall make entries therein of all receipts, payments and other matters
as is usually done and entered in the books of account kept by persons engaged in
business similar to that of the firm. Each partner shall have a right to have access to
and to inspect and take copy of the same.

8. That the partnership has been and shall be a partnership at will and can be dissolved
as and when decided by the partners here to mutually.
9. That the net profit of the partnership firm after deduction of all expenses including
rent, salaries, other establishment expenses, interest and remuneration payable to the
partners in accordance with this deed of partnership or any supplementary deed as may
be executed by the partners from time, to time, shall be divided and distributed amongst
the partners in the following proportion:

Sr.No.Name of Party Share in profits

1.

2.

3.

4.

The losses, if any, including loss of capital suffered in any year shall also be apportioned
in the above said proportion.

10. That the bank account or accounts have been and shall be maintained in the name
of the firm and shall be operated singly or jointly by the partners.

11. That the books of account shall be closed on 31 st day of March each year. The net
profit or loss after deducting all expenses, interest, remuneration, outgoings shall be
divided between the parties in proportion to the sharing ratio referred to hereinabove.

12. That notwithstanding anything contained in the Indian Partnership Act it is hereby
mutually agreed to by and between the parties that in case of death/retirement of any
one or more partners, the firm shall not be dissolved but shall continue to be carried on
by and between the surviving partners and legal heirs and/or representatives of the
deceased partner, as a continuing concern, on the same terms and conditions as
incorporated in this Deed or on such terms and conditions as may be agreed to by and
between them from time to time.

13. That with respect to any matter connected with the affairs of the firm, which is not
specifically provided for herein, the partners may make such agreements therefore and
may set in such manner with regard thereto as may be agreed upon by and between
themselves.

14. That if the partners deem proper and in their interest, they may admit any other
person or persons as partners on the terms and conditions as may be mutually agreed
amongst themselves.

15. That the partners to this deed are partners in their individual capacity/representing
HUF styled as M/s………………...... The parties do not represent any other person.
16. All bonds, bills, notes, bills of exchange, hundies or promissory notes or other
securities given on behalf of the partnership (except cheques) shall be signed,
endorsed, accepted or executed jointly by all the partners and any bond, bill, note, bill of
exchange, tec. to which any partner may be a party contrary to this provision shall be
deemed to have been on the personal account of such partner and he shall pay and
discharge the same out of his own moneys and indemnify other partners and the firm
against payment thereof and against all actions, proceedings, costs, charges,
expenses, claims and demands in respect thereof.

17. That the partners shall be entitled to modify the above terms relating to
remuneration, interest, etc. payable to partners by executing a supplementary deed and
such deed when executed shall have effect unless otherwise provided from the first day
of accounting period in which such supplementary deed is executed and the same shall
form part of this deed of partnership.

18. That all disputes and questions in …………….. connection with the partnership or
this deed arising between the partners or between any one of them or their legal
representatives and whether during or after the partnership, shall be referred to the
arbitrator to be appointed with mutual consent of the partners, in accordance with the
provisions of the Arbitration and Conciliation Act, 1996 then in force.

IN WITNESS WHEREOF the parties to this deed have set their hands on the day and
year first above written and in the presence of:

First Party

Second Party

Third Party

Fourth Party

WITNESSES;

1.

2.
Disclaimer – this legal form and document is for reference only. Any document that you
enter into, should be in consultation with an Advocate or a Solicitor. The Government
will not be responsible for any claim arising out of the use of the following document.

HIRE PURCHASE AGREEMENT

Hire purchase agreement is a contract, more fully called contract of hire with an
option of purchase, in which a person hires goods for a specified period and at a fixed
rent, with the added condition that if he retains the goods for the full period and pay all
the instalments of rent as they become due as the contract shall determine and the title
vests absolutely in him.

The basic principle underlying the transaction is that the instalment determined is
taken as hire (rental) till the time the agreement envisages such payments. On
determination of the said period the Hirer (Purchaser) has the option of paying a
nominal amount to become the owner of the goods.

A hire-purchase agreement is a form of bailment wherein the hirer is given the

right to purchase the goods on certain conditions. That is an option and not an
obligation to purchase. The hirer may elect to purchase the goods and when he does
so, after he fulfils all the conditions prescribed in the agreement, the title to the goods
will pass to him. But he may elect not to do so, and in that event he is entitled to return
the goods and terminate the agreement in the manner provided therein.

The hire-purchase agreement will stipulate the circumstances in which the

agreement can be terminated. The agreement is generally terminated by return of the
goods by the hirer, notice of termination by the owner on account of hirer’s breach of
conditions or notice of termination by the hirer.

Hirer means the person who obtains possession of the goods from the owner
under a Hire Purchase agreement. Owner is the person who lets or delivers possession
of goods to a hirer under a hire purchase agreement.

A Hire purchase agreement should contain the following particulars –

 The description of the goods;

 Date of commencement of the agreement;
 Number of instalments in which the hire purchase price is to be paid, the
amount, due date, the person to whom and the place where each
instalment is to be paid;
 The hire purchase price of the goods;
 AGREEMENT FOR HIRE PURCHASE

An AGREEMENT made this ---------------- day of -----------------, 20-------,

BETWEEN----------- son of ------------ resident of ------------------------------- (hereinafter
called the “Owner” of the ONE PART and GOVERNOR OF TAMIL NADU represented
by ------------ (hereinafter called the “Government”) which expression shall include
wherever the context so admits his successors in office and assigns of the OTHER
PART.

WHEREAS the owner is the owner of the machinery and is not being used by
him, as he has closed his factory due to personal reasons;

AND WHEREAS on the request of the hirer, the owner has agreed to hire the
said machinery to the hirer on the terms and conditions hereinafter appearing.

NOW THESE PRESENTS WITNESS AS FOLLOWS:

1. The owner shall let and the Government shall take on hire the machinery,
specified in the Schedule hereunder written (hereinafter referred to as the said
machinery) from ----------- for a term of ----------- years.

2. The Government shall, during the continuance of this agreement, pay to the
owner without previous demand by way of rent for the hire of the said machinery the
monthly sum of Rs.------------------ for the use and possession of the said machinery, the
first payment to be made on the --------- day of ---------- 20----- and each subsequent
payment on the ------------- day of each succeeding month during the said term.

3. The Government will not sell, assign, mortgage, pledge, underlet or otherwise
deal with the said machinery but will keep the said machinery in his own possession
and will not remove the said machinery from the premises where such machinery is for
the time being installed without the previous consent in writing of the owner.

4. The Government shall use the said machinery in a skillful and proper manner
and shall at his own expenses keep the said machinery in good and substantial repair
and condition (reasonable wear and tear excepted) and will allow the owner, his
servants or agents at all reasonable times to have access to the said machinery and to
inspect the state and condition thereof.
 5. The Government shall keep the said machinery insured for the sum of
Rs-------------- against fire and loss, damage or risk from whatever cause arising with any
insurance company in the name of the owner and deliver the policy of such insurance to
the owner and duly and punctually pay all premium necessary for effecting and keeping
such insurance in force and produce the receipt for all such payments to the owner on
demand and will keep the owner indemnified against all loss or damage to the said
machinery from whatever cause the same may arise.

6. If the said machinery is destroyed by fire or lost by theft, all money received in
respect of such insurance shall be received by the owner, who may apply for such
money either in making good the damage done or in replacing the said machinery by
other articles of similar description and quality and such substituted articles shall
become subject to hire in the same manner as the articles for which they shall have
been substituted.

7. The Government may at any time determine the hiring by giving ………..
months notice and the hiring shall from the expiration of the said notice determine and
the Government shall not be entitled to any credit or allowance in respect of any
payment previously made by him to the owner.

8. If the Government shall make default in payment of the monthly sums to be

paid by him for the hire of the said machinery or if he shall fail to observe and perform
the terms and conditions of this agreement on his part to be observed and performed,
the owner may determine the hiring without any notice and it shall be lawful for him to
retake possession of the said machinery and for that purpose the owner, his servants or
agents may enter into or upon any premises where the said machinery is installed and
the hirer will remain liable for the payment of money due to the owner under this
agreement or damages for breach thereof.

9. The Government hereby covenants with the owner that he will not do or omit
to do any act which may result in seizure and/or the confiscation of the said machinery
by the Central or State Government or local authority or any public officer or authority
under any law for the time being in force.

10. The Government shall pay all licence fees, taxes etc., payable to the
Government, local authority in respect of the said machinery and if the owner is
compelled to pay such licence fees, taxes etc., the Government shall forthwith repay the
said amounts paid by the owner.

11. Any time or indulgence granted by the owner shall not affect the strict rights
of the owner under this agreement.

12. In case of any dispute or difference arising between the parties regarding the
meaning, construction, interpretation, breach or fulfillment or non-fulfillment of the terms
and obligations of these presents or any clause or condition thereof, the same shall be
referred to the decision and arbitration of two arbitrators, one to be nominated by each
party which arbitrators shall before taking upon themselves the burden of reference,
appoint an umpire. The submission shall be deemed to be a submission to arbitration
within the meaning of the Arbitration and Conciliation Act, 1996 or any statutory
modification thereof. The award of the Arbitrator or Arbitrators, as the case may be shall
be final and binding on the parties.
 13. The stamp duty and other incidental expenses relating to the execution of
this Agreement will be borne by the Government.

IN WITNESS WHEREOF, the parties hereto have executed these presents, the
date, month and year first hereinabove mentioned.

The Schedule above referred to

Signed and delivered by ………., the within named owner

Signed and delivered by ………., Secretary to Government

……………… Department
(on behalf of the Government of Tamil Nadu)

WITNESSES;

1.

2.
Disclaimer – this legal form and document is for reference only. Any document that you
enter into, should be in consultation with an Advocate or a Solicitor. The Government
will not be responsible for any claim arising out of the use of the following document.

CONSULTANCY AGREEMENT

Consultancy Agreements are entered into when a business wishes to engage a

person to provide a specific service to them. The agreement will set out clearly that the
consultant is not an employee of the company. The Consultant will provide only specific
service to the business for the term of the business. Once the contract term has
expired the relationship will end.

Consultancy Agreement

This Consultancy Agreement is made on the ---------------day. of ---------------month

of 20----- at -------------
Between the GOVERNOR OF TAMIL NADU represented by ....................
(hereinafter called “THE GOVERNMENT” which term wherever the context so admits
includes also his successors in office and assigns)
--------------------------------------------------------------- of the First Part
And
--------------------------------------------------------------- residing at
------------------------------(Hereinafter referred to as the ”CONSULTANT” of the Other Part,
WHEREAS,
A. The Consultant was contacted by the GOVERNMENT for his expertise and
consultancy services in the field of ------------------

B. The GOVERNMENT, after a thorough consideration of the profile and expertise

of the Consultant and taking into consideration its requirement of expertise in
---------------is desirous of engaging the Consultant for the purpose of providing
-------------------------. This contract engages the consultant to work from
------------- and subsequently be available for periodic consultation till
-----------------.

Now This Agreement Witnesseth as Follows:

1. The Government hereby engages --------------as CONSULTANT on the

---------------- project for ----------------------------------------------. The consultant
agrees to serve the Government as a consultant for a period of
---------------from the Effective Date and as advisory consultant for
-------------------- after the period ends.
2. The Duties & Functions of the Consultant are as follows:

(a) Consultancy: This Agreement is for ----------- period and during the
pendency of the Agreement, the Consultant shall commit to the project till
the term of the project.

(b) Duties: During the period of this Agreement, the Consultant shall provide
his/her expertise in illustration to the Government in producing visual
material for the said project. During the continuance of this Agreement,
the Consultant shall devote such of his/her time, attention and abilities to
the assigned work as may be necessary for the proper exercise of his/her
duties as Consultant.

(c) Work Reports: The Consultant shall submit to the Government the
completed reports along with digital files of the ------------------as each one
is completed.

(d) Design: The Government in discussion with the consultant and the Client
shall submit the appropriate designs.

(e) Remuneration: The consultant shall be paid partially in advance with the
remaining being paid on the total and satisfactory completion of the
Project.

(f) The Consultant shall provide his/her best services to the Government in
terms of the given work assignments and time schedules and keep all
costs within the budget limits as discussed.

(g) Non-Competition: The Consultant shall be bound at all times not to divulge
in any matter the affairs of the Government whether it is with financial
motive or otherwise. The Consultant agrees not to disclose any
information relating to the Government or its business or its trade secrets
to any of the competitors either directly or indirectly during the pendency
of the Agreement.

(h) Breach: If the Consultant shall be guilty of any serious misconduct or any
serious breach or non-observance of any of the conditions of this
Agreement or fails or refuses to carry out the reasonable directions of the
Government, the Government shall be entitled to terminate this Agreement
without any notice. The Government reserves the right to claim
compensation from the Consultant to the extent of the loss sustained by
the Government in the event the Consultant acts in violation of this
Agreement.
 (i) Return of Property: The Consultant or his/her personal representatives
shall upon the termination of her consultancy, immediately return to the
Government all correspondence, documents, specifications, papers and
property belonging to the Government, which may be in his/her
possession or under his/her control, if not otherwise agreed upon.

(j) Intellectual Property Rights: All intellectual property rights of copyright,

trademarks, design rights, patents created in all material that are
developed by the Government using the Consultant’s illustrations
including but not limited to designs, logos, prints, fabrics, models, furniture
drawings, designs, research reports, models, databases etc during the
execution of the Project including shall vest solely with the
client,------------------------------.

(k) Licence: As concluded from clause (j) above, the Government allows the
Consultant to use, copy, modify, adapt and create derivative works with
due acknowledgements to the Client and the Government for any non-
commercial, documentation or research purposes.

3. The Obligations of the Government are as follows:-

In consideration of the above consultancy services to be rendered by the

Consultant, the Government shall pay the following consultancy fee and
provide the under-noted services to the Consultant:

a) Consultancy Fee: In return for the services, the Government shall pay the
Consultant a consultancy fee of -------------------------. (------------------ TDS
will be deducted as per Income Tax Rules) which is broken up as a first
payment of --------------------- and a final payment of................ If there is
any increase in the number of illustrations, the work will be compensated
at the rate of --------------- per ------------.

b) The Government shall provide to the Consultant all the necessary

research materials required for the project and also facilities such as
emailing and internet, printing and all other reasonable facilities as
required. During the period of this consultancy, the Consultant can use
the Government office premises with prior arrangement during the working
hours.
4. Non Disclosure: Neither party may disclose the terms of this Agreement to
any third party without the other’s prior written consent unless compelled to
do so in any action or other legal proceeding unless otherwise required by
law.

5. Termination and Expiry: This Agreement can be terminated by the

Government upon giving the Consultant prior advance notice in writing and
equivalent compensation. In the event that the Consultant terminates this
Agreement at any time, the Government reserves the right to claim
compensation from the Consultant to the extent of the loss sustained by the
Government for such termination. Upon expiry of the term of this Agreement,
it may be renewed by mutual consent of both parties.

6. Governing Law: This Agreement shall be construed in accordance with Indian

Law and the courts at ------------------- city shall have exclusive and sole
jurisdiction over any disputes, differences or questions arising out of or in
connection with or in relation to the terms of this agreement.

7. This agreement supersedes all prior or contemporaneous agreements

between the parties concerning the subject matter herein.
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement on
the day, month and year first above written.

(Secretary to Government)
…………………Department
(on behalf of the Government of Tamil Nadu)

CONSULTANT
Disclaimer – This legal form and document is for reference only. Any document that you
enter into, should be in consultation with an Advocate or a Solicitor. The Government
will not be responsible for any claim arising out of the use of the following document.

GUARANTEE BY BANK ON BEHALF OF ITS CLIENT

LETTER HEAD

…………………..

To :

…………………………

………………………...

…………………………

Sir,

Sub : Bank Guarantee on behalf of ………………… reg.

Ref : Award of Contract dated ………… in favour of …….. in ref. No. ………

…………….

You are the contractor of the work for construction of ………………. from
…………… as awarded vide contract order in ref. No. ………………..

You have decided to sub-contract the work as provided in clause …………. of

your agreement with …………. dated ……………….

Upon the specific terms and conditions of the contract as referred to in the
agreement between you and Mr. …………….., you have awarded the sub-contract in
favour of Mr. ………………..

As required by ……………… Clause of the agreement between you and

Mr……………, Mr…………….. is required to submit a Bank Guarantee for an amount
…………….for completion of the work as agreed to and for availing to encash the bank
guarantee upon the request with such proof regarding non-completion of work or the
violation of terms and conditions of work between you and Mr……………….
 We have been requested by Mr………………… to provide him with the bank
Guarantee as required and we agreed for that as follows :

1. We agree for providing you guarantee to the tune of …………. in your

favour and on behalf of ………….. for completion of work and adhering to
the terms and conditions in the agreement……………...

2. You can request us for encashment of bank guarantee by providing us the

details and also the proof for non-completion and violation of terms and
conditions of agreement by Mr………………….

3. We retain our right to get satisfied with your request for encashment while
looking into the issue of non-completion of work and violation of terms and
conditions of agreement dated…………….by Mr…………..

4. No liability is attracted upon us in adhering to your request for encashment

or invoking our right to get satisfied before allowing to encash the bank
guarantee.

5. Our guarantee is limited to the tune of ……………. only

(Sd/-) XXXXXXXXXXX

Seal