2020BusinessLawProjectC5 PDF

LEGAL COMPLIANCE AND
CONTRACTS FOR MANAGING

AN ORGANISATION
ORGANISATION: OBEROI HOTELS AND RESORTS
GROUP NO: 5
Members w/ Departments:
Finance: K S Sunil - 2019148
Marketing: Sukanya Bhatt - 2019181
Operations: Pratish Prabhudessai - 2019163
Human Resources: Rabprit Singh - 2019165

CONTENTS
1. Organization profile
2. Specific job role and description for each functional manager in the organization, clearly
indicating the scope of the responsibilities using Active Voice
3. The list of Acts, Rules and Regulations that the role needs to comply with to be fully legally
compliant in its working for each functional area
4. Specific compliance action required for three of these sets of Acts/Rules/Regulations:

Registrations, permissions, licences and NOCs required from statutory authorities under these
laws, operating compliance, filing of returns and maintenance of records/registers. The
compliance action must be stated in detail with the specific action required (using Active Voice),
time frame, fee, authority and format (as applicable)
5. Regulatory Authorities and courts for redressal under each of these three sets of Acts, Rules and
Regulations
6. List of contracts for managing each functional area
7. Draft of three distinct Contracts for each functional area in your own words
8. References
ORGANIZATION PROFILE
* Full name of organization: Oberoi Hotels & Resorts
* Registered office and law under which it is set up:

The Oberoi Hotels and Resorts is a part of East India Hotels Limited. It has its Registered Office at 4,
Mangoe Lane, Kolkata - 700 001, West Bengal. Set up under Companies Act.
* Legal structure (e.g. company; if listed, stock exchanges on which it is listed):
- Bangalore Stock Exchange Ltd.

- Calcutta Stock Exchange Association Ltd.
- Cochin Stock Exchange Ltd.
- Delhi Stock Exchange Assoc. Ltd.
- Hyderabad Stock Exchange Ltd
- Inter-connected Stock Exchange of India
- Madras Stock Exchange Ltd.,
- MCX Stock Exchange
- National Stock Exchange of India Ltd.
- Over The Counter Exchange Of India Ltd.
- The Stock Exchange, Mumbai
- Uttar Pradesh Exchange Assoc Ltd.
* Authorized and paid up share capital as of 31st March, 2019: Rs. 300 Crores and Rs. 114.3
Crores respectively
* Fixed assets as of 31st March, 2019: Rs. 19,314.24 Million
* Turnover for the year ended 31st March, 2019: Rs. 16,272.62 Million
* Specific products/services: Hospitality
* Number of employees: 13,000 (As on 2017)
* Number of Locations: 33 (As on 2017)
* Board of Directors of the company:
- Rai Bahadur Mohan Singh Oberoi (Founder Chairman, The Oberoi Group)
- P.R.S. Oberoi (Executive Chairman, EIH Limited)
- Mr. Vikram Oberoi (Managing Director and Chief Executive Officer, EIH Limited)
- Mr. Arjun Oberoi (Managing Director Development)
* Shareholding/ownership pattern as of date:
A. Specific job role and description for each functional manager in the
organization, clearly indicating the scope of the responsibilities using Active
Voice
1. FINANCE DEPARTMENT (2019148)
Position title: Finance Manager / Accounts Manager

As an Accounting Manager he / she should provide the Owners, General Manager, and other
management with accurate, timely, and relevant financial data. Additionally, responsible for managing
the audit function in hotel to deliver outstanding guest service and financial profitability.
Duties and Responsibilities:
▪ Ensure that the guests have best possible experience by trouble-shooting and resolving all billing-
related disputes.
▪ Represents the finance department on the daily department heads meeting with the general
manager.
▪ Manage all phases of Accounts Payable, Receivable and department budget.
▪ Calculate and distribute wages and salaries.
▪ Prepare regular reports and summaries of accounting activities.
▪ Prepare financial statements and debtors' listings.
▪ Verify recorded transactions and report irregularities to management.
▪ Providing direction to the night audit team so as to ensure proper revenue reporting.
▪ Reviewing all ledger details guest ledger, city ledger and deposit ledgers to validate proper
payment and revenue posting.
▪ If any imbalance or difference found on the ledger then co-ordinate with the PMS team to
resolving the same.
▪ Review the postings, payments, revenue and guest balance reports on a daily basis.
▪ Ensure correct taxation are applied on all billing software like Property Management systems
(PMS), Point of Sale (POS) and SPA software's.
▪ Ensure that all statutory details (PAN, TAX NO, Company Registration no. Etc.) are displayed
on the guest invoices and bills.
▪ Bills A/R accounts daily and send the same to guest along with the supporting bills and
statements.
▪ Follows up on any accounts within 3 days to ensure customer has received the invoice and does
not have any questions.
▪ Review the Accounts Receivable (A/R) Ageing reports on a daily basis.
▪ Follow up 30 days after the initial billing if payment has not been received.
▪ Check customers credit ratings and Flag accounts as 'Black listed' for long outstanding or
defaulter accounts.
▪ Enters invoices into accounts payable system weekly after verifying a purchase order was
received from ordering department head and obtaining General Manager's approval.
▪ Forecasting cash payments and anticipating challenges arising from limited cash flow.
▪ Ensuring that cash flows are adequate to allow business units to operate effectively.
▪ Maintain banking relationships and negotiating loans and merchant services for business units.
▪ Maintains files of all contracts, insurance policies, tax reports, expenses, payroll, etc.
▪ Maintaining and transferring money between bank accounts as required.
▪ Performing numerical analysis of data and formulating conclusions and/or solutions.
▪ Approving all Travel Agent commissions and releasing payments after verification.
▪ Preparing financial reports and submissions to relevant government entities.
▪ Ensures all new hire paperwork, benefits, performance appraisals, disciplinary action forms and
other pertinent personnel documents are filed appropriately and maintained in accordance with
the company HR practices.
▪ Monitors and contains all property inventories to ensure proper levels without causing burdens
on property cash flows.
▪ Preparing and presenting financial reports for meetings and investors.
▪ Working with executives and business heads to prepare budgets and track profit / loss
performance by business unit.
▪ Providing direction and training to hotel operational team in areas related to finance, financial
reports, internal controls, labour management, payroll, etc.
▪ Effectively manage the accounting team through respectful communication, clear expectations,
relevant training, productive coaching, regular meetings, and appropriate performance
management.
▪ Recommend and maintain a system of policies and procedures that impose an adequate level of
control over Finance Department activities.
2. MARKETING DEPARTMENT (2019181)
Role: Marketing/Communications Manager
▪ Responsible for developing, implementing and executing strategic marketing plans for Oberoi
Hotels & Resorts.
▪ Researching, writing, editing and managing the creation, approval and distribution of
communication materials for external and internal clients
▪ Recommending and assisting in establishing an effective communications system to inform
internal and external customers; thereby creating awareness and maintaining the company
image
▪ Defining and maintaining innovative channels for timely distribution of information such as
intranet and email communications newsletters, web-casts, etc.
▪ Planning and organizing company communications activities, which include corporate
relationship building events
▪ Developing and conducting training programs and schedules for departmental staff in
collaboration with the training department and departmental outlets
▪ Supervising the tasks undertaken by social media agencies in generating brand awareness and
traffic through social media marketing and social media reputation management
▪ Personal Training and interaction with hotels
▪ Creatives and Content generation and supervision
▪ Managing Alliances
▪ Strategic communications resource and advisor to communications teams and management,
including advising management on media response strategies
▪ Actively engaging and maintaining effective media relations for maximum benefits and
coverage
3. OPERATIONS DEPARTMENT (2019163)
Role: Operations Manager

▪ Responsible for setting and enforcing customer service standards and procedures at Oberoi
Hotels & Resort.
▪ Responsible for the inventory management across various online portals and allocating specific
number of rooms to different portals.
▪ They ensure hotel premises are well kept and the food service requirements of customers are met
at Oberoi Hotels & Resorts
▪ Responsible for conducting meetings with all the department supervisors to discuss on the daily
aspects.
▪ Dealing with Suppliers / Vendors for quality products involving Purchase Manager and
providing performance assessment of vendors every quarter to HO Purchase.
▪ Responsible for developing and implementing strategies for promoting their services/brand in
order to attract clients.
▪ Be available on call 24 hours a day to resolve any urgent problems on emergencies at Oberoi
Hotels.
▪ Ensure SOP implementation in all departments and check the same during routine operational
checks. Consultant /GRM guidance to be taken wherever required.
▪ Randomly inspecting the stores (F & B / Kitchen) to check the stock in hand (quality,par stock
levels, expiry etc) with the F & B Manager & Chef.
4. HUMAN RESOURCE DEPARTMENT (2019165)
Role: Human Resource Manager

▪ Designing hiring plans for all hotel departments based on seasonal needs
▪ Managing compensation and benefits plans
▪ Overseeing employee attendance and working schedules, including paid time off, overtime and
breaks
▪ Interview and assess job candidates
▪ Manage compensation and benefits plans
▪ Onboard new hires
▪ Report on employee turnover rates
▪ Organize employee records, like contracts, paying special attention to work permits and visas
▪ Implement employee retention programs (like end-of-season bonuses)
▪ Coordinate accommodation, catering and transport for our staff when necessary
▪ Schedule trainings for all hotel employees (for example, customer service skills training)
▪ Act as the point of contact when employees have queries or job-related issues
▪ Ensure hotel staff complies with relevant health and safety regulations
B. The list of Acts, Rules and Regulations that the role needs to comply with to be
fully legally compliant in its working for each functional area
▪ Foreign Exchange Management Act (FEMA), 1999

(FEMA is to facilitate external trade and payments and for promoting the orderly development
and maintenance of foreign exchange market in India. FEMA deals with provisions relating to
procedures, formalities, dealings, etc. of foreign exchange transactions in India)
Reason for compliance: The company owns and/or operates 31 luxury hotels and two river
cruise ships in six countries, primarily under its Oberoi Hotels & Resorts and Trident Brands.
Being a 5-star hotel, it attracts a huge foreign crowd as well which makes compliance to FEMA
inevitable.
▪ Companies Act, 2013

(The law covering incorporation, dissolution and the running of companies in India)
Reason for compliance: As the law states provisions for ‘accounts of companies’ and finance
manager needs to manage all phases of Accounts Payable, Receivable and department budget.
He/she is also responsible for preparing financial statements.
▪ Goods and Services Act (GST), 2017

(Goods & Services Tax Law in India is a comprehensive, multi-stage, destination-based tax that
is levied on every value addition)
Reason for compliance: His/her role includes to prepare regular reports and summaries of
accounting activities, to verify recorded transactions and maintain bills accounts.
▪ Income Tax Act, 1961
(The changing Statute of Income Tax in India. It provides for levy, administration, collection and
recovery of Income Tax)
Reason for compliance: His/her role includes forecasting tax payments and maintaining tax
reports.
▪ The Consumer Protection Act, 2019

(The act to save the rights of the consumers by establishing authorities for timely and effective
administration and settlement of consumers’ disputes)
Reason for compliance: As He/she is also responsible for trouble-shooting and resolving all
billing-related disputes.
▪ The Payment and Settlement Systems Act, 2007

(The act provides for the regulation and supervision of payment systems in India and designates
the Reserve Bank of India (Reserve Bank) as the authority for that purpose and all related
matters)
Reason for compliance: As the role includes maintaining and transferring money between bank
accounts, ensuring adequate cash flow for effective operation of business units and review
payments.
▪ Information Technology Act, 2000

(The act provides legal recognition to the transaction done via electronic exchange of data and
other electronic means of communication or electronic commerce transactions. This also
involves the use of alternatives to a paper-based method of communication and information
storage to facilitate the electronic filing of documents)
Reason for compliance: As the role includes maintaining files of all contracts, insurance
policies, tax reports, expenses, payroll.
▪ The Finance Act, 1994

(The Central Government, through this Act, gives effect to financial proposals at the beginning
of every Financial Year. The Act applies to all the States and Union Territories of India unless
specified otherwise)
Reason for compliance: As the role includes, ensuring that correct taxation are applied on all
billing software
▪ The Food Safety and Standards Act, 2006

▪ Consumer Protection Act, 1986
▪ Norms for Journalist Conduct issued by the Press Council of India Act, and the ASCI Code.
▪ Agreements in accordance with section 10 of the Indian Contract Act, 1872
▪ Indian Outdoor Advertising Association
▪ Right to Privacy of Personal Data Bill, 2016
▪ Data Privacy Bill, 2017
Some of the Acts/ Rules the operation manager needs to comply are:
▪ The operation, management, and maintenance of Hotel Industry

▪ The Air (Prevention and Control of Pollution) Act,
▪ The Water (Prevention and Control of Pollution) Act, 1974
▪ A license under Shops & Establishments Act.
▪ Indian Partnership Act 1932
▪ A license under Prevention of Food Adulteration Act 1954
▪ Registration under the Pollution Control Act.
▪ License for Chimney under the Smoke Nuisance Act.
▪ Registration under the Weights & Measures Act.
▪ Food and Drug Administration Act
▪ The Legal Metrology Act
Regulatory Bodies
▪ The Federation of Hotels and Restaurants Association of India

▪ Hotel Association of India
▪ Food Authorities Assesses Matters Relating to the Food Safety and Standard Act 2006

▪ Sexual Harassment (Prevention, Prohibition and Redressal) Act, 2013
▪ The Factories Act, 1948
▪ The Employees Provident Fund Act, 1947
▪ The Apprentices Act, 1961
▪ The Maternity Benefit Act,1961
▪ The Workmen’s Compensation Act, 1923
▪ The Payment of Gratuity Act, 1972
▪ The Payment of Wages Act, 1936
▪ The Industrial Disputes Act, 1947
▪ State Wise Factories and Establishments (National, Festival and other Holidays) Act, read with
State wise Factories and Establishments (National, Festival and Other Holidays) Rules:
▪ The Payment of Bonus Act, 1965
▪ The Employees State Insurance Act, 1948:
▪ Child Labour Regulations (CLR)
C. Specific compliance action required for three of these sets of

Acts/Rules/Regulations: Registrations, permissions, licenses and NOCs required
from statutory authorities under these laws, operating compliance, filing of returns
and maintenance of records/registers. The compliance action must be stated in detail
with the specific action required (using Active Voice), time frame, fee, authority and
format (as applicable).
i. Foreign Exchange Management Act (FEMA), 1999

▪ Oberoi hotels deals with guests all over the world. That’s why foreign currency transaction in
hotel is one of the most frequent tasks. The hotel has to obtain a Money changer license to
exchange foreign currency.
▪ A Full-Fledged Money Changer (FFMC) is an authorized entity who may purchase foreign
exchange from non-residents and residents of India and sell the same for private and business
travel purposes only to the people visiting abroad. As Section 10 of the Foreign Exchange
Management Act, 1999 prescribes, authorized money changers are the only entities in the country
that can deal in money changing activities and offer necessary foreign exchange services.
▪ The Entity that wishes to apply for a Full-Fledged Money Changer License must be registered
under the Companies Act of 2013
▪ The process of obtaining an FFMC License is concerned with the Reserve Bank of India:
a. A complete and detailed application for the FFMC License is submitted to the concerned
regional office of the Reserve Bank of India.
b. The Director of the applicant Entity would be reviewed under the “fit and proper” criteria
by the RBI. If everything is in line with the satisfaction of the RBI, then the Full-Fledged
Money Changer (FFMC) License would be issued within a period or 2 to 3 months.
c. Clearance by the Empowered Committee is a necessity and the Reserve Bank’s decision
in the subject of granting approval or not would be final and binding
▪ The following conditions are required to be upheld by the Full-Fledged Money Changer (FFMC)
after obtaining the license to be so.
a. A copy of the registration under the Shops and Establishment Act or any other
documentary evidence such as a rent receipt or a copy of the lease agreement must be
submitted to the Regional Office directed by the Reserve Bank before the commencement
of any business activity.
b. New Full-Fledged Money Changers (FFMC) must carry out their activities according to
the instructions specified by the Reserve Bank often.
c. FFMCs must, at each of its business places, display a copy of the money changing license
issued by the RBI.
d. FFMCs must have a system of Concurrent Audit of all the transactions undertaken by
them.
e. It is essential that all FFMCs submit their annual audited balance sheets to the respective
Regional Office of the RBI.
Note: The Entity will not be considered as eligible to obtain an FFMC License if ay case by any law-
enforcing authorities is initiated or is pending against the Entity or any its Directors.
ii. Goods and Services Act (GST), 2017

▪ Under the new GST regime, all entities involved in buying or selling goods or providing services
or both are required to register for GST. Entities without GST registration would not be allowed
to collect GST from a customer or claim an input tax credit of GST paid and/or could be penalised
▪ Registration under GST is mandatory once an entity crosses the minimum threshold turnover of
starts a new business that is expected to cross the prescribed turnover.
▪ Service Providers: Any person or entity who provides service of more than Rs.20 lakhs in
aggregate turnover in a year is required to obtain GST registration.
▪ The following documents must be submitted by regular taxpayers applying for GST registration:
a. PAN Card of the Business: GST registration is linked to the PAN of the business.
Hence, PAN must be obtained for the legal entity before applying for GST
Registration.
b. Identity and Address Proof along with Photographs of Oberoi hotel group’s Managing
Director, Directors and the Authorised Person
c. Business Registration Document
d. Address Proof for Place of Business
e. Bank Account Proof
▪ You can register for GST online through a government portal, or you can register at a GST Seva
Kendra
a. Go to the GST portal.
b. Click on ‘Registration’ under the ‘Services’ tab and then click on ‘New registration’.
PART A
c. Select ‘taxpayer’ from the drop-down menu of ‘I am a’
d. Now, fill form GST REG-01 for your new registration and enter details such as the
legal name of your business, state, email address, mobile number and PAN card.
e. Verify your information by entering the one-time password sent to your mobile
number and email ID, and click on ‘Proceed’.
f. When you complete the process and move to Part B, you will receive a Temporary
Reference Number (TRN), after verification. Note down this number.
PART B
g. To start with part B, login with your TRN and enter the CAPTCHA code. Complete
the OTP verification with the OTPs sent to your email id and registered mobile
number. You will then be redirected to the GST registration page
h. Now, submit business information such as the name of your company, PAN, name of
the state you are registering your business in and date of commencement of your
business. Here, you have to mention if you have any existing registrations.
i. Then, submit details of up to 10 promoters or partners of your business. In case of
proprietorship firm, you will have to submit the details of the proprietor. You will
have to provide personal details, designation, DIN (Director Identification Number),
PAN and Aadhaar number.
j. Next, submit the details of the person you have authorised to file GST returns.
k. Add the principal place of business, enter the address, official contact details and
nature of possession of premises.
l. Add details of any additional places of business, details of goods and services to be
supplied, and the bank account details of the company.
m. Upload the required documents based on the type of business you are registering.
n. Now click on ‘Save and continue’. Once you submit the application, you will need to
sign it digitally.
o. Click on ‘Submit’ to save your details.
p. After submission, you will receive an Application Reference Number (ARN) via
email or SMS to confirm your registration.
GSTIN is a unique number that is quoted on all invoices that are supplied to the input tax credit
mechanism. It not only helps you to avail input tax credit, but also helps you in registering your business
and improving your credibility in the industry.
iii. Income Tax Act, 1961

▪ A business tax return is nothing but a statement of income earned and expenditure of the business.
If the business posts some profits, tax needs to be paid on the profits. Apart from filing taxes, a
business may also be required to file TDS or pay advance tax as the need be. Tax returns filed
by a business also will have details on assets and liabilities a business has.
▪ Guidelines to file your Income Tax return:
a. To begin filing your income tax returns online, go to incometaxindiaefiling.gov.in
and create your e-filing account. Your PAN will be your login ID
b. Log in using your PAN and password.
c. It is mandatory to link Aadhaar with your E-filing Account
d. The same has to be done by choosing the option of "Link Aadhaar" under the Profile
Settings tab
e. Details including name as per Aadhaar card, Aadhaar number etc. are to be filled to
conclude the linking process
f. Open Form 26AS under the Quick Link menu. Form 26AS is a summary of the taxes
you have paid over the financial year. It will include TDS, Advance Tax and Self-
Assessment Tax
g. Download the ITR form 6 or Income Tax Return form 6
h. Upload Digital Signature Certificate (DSC), if applicable
i. Click on "Submit" button
j. On successful submission, ITR-V would be displayed (if DSC is not used). Click on
the link and download the ITR-V
k. ITR-V will also be sent to the registered email
l. If ITR is uploaded with DSC, the return filing process is complete
▪ The Food Safety and Standards Act, 2006: As per the Food Safety & Standards Act, 2006, no
advertisement relating to the standard, quality, quantity or grade-composition, and no representation
concerning the need for, or usefulness of any food can be made which is misleading or deceiving or
which contravenes the provisions of this law or rules and regulations made thereunder. Marketers
must therefore ensure that no form of deceptive marketing takes place while promoting stand-alone
restaurants in their property, as such acts are illegal in the eyes of the law.
▪ Data Privacy Bill, 2017: Oberoi Hotels & Resorts serve High Net-worth Individuals. Therefore,
Marketing managers must ensure that data breach of any kind should be protected. According to
Right to Privacy of Personal Data Bill, 2016 and Personal Data Protection Bill, 2014, “Personal
Data Breach” is defined as any unauthorized or accidental disclosure, acquisition, sharing, use,
alteration, destruction, loss of access to, of personal data that compromises the confidentiality,
integrity or availability of personal data to a data principal. Consent of the provider of information
to enable any other person to process or share such data.
▪ For Promotional signages promoting Oberoi Hotels & Resorts in Mumbai, for example, the
following actions must be complied with to install the promotion:
a. NOC from Society/Owner, MMRDA’s Consent for Assignment of the Premises

b. Appointment Letter and Acceptance of Structural Engineer
c. Appointment Letter and Acceptance of Site Supervisor
d. Structural Stability Certificate
e. Drawing showing location and details like area of the Signage, Area of Façade etc.
f. Comprehensive Undertaking and Indemnity Bond
g. Other relevant NOCs/Permissions including permission from Advertisement Department
of MCGM.
The fees charged for the promotion are impacted by various factors like number of days, time of the year
and size of the promotion required.
▪ The Indian Partnership Act, 1932: The marketing department of Oberoi Hotels & Resorts tie up
with multiple partners like food apps/platforms, banks, brand agencies/consultancies during
promotional festivals, tie-ups to increase footfall in their properties. They must abide by the The
Indian Partnership Act, 1932 which states that both the partners must run the business of the firm to
the highest level of common advantage by being true to each other. They must be accountable to one
another and provide complete information of all the aspects of the firm, to any other partner or their
legal representatives.
▪ All Agreements to be in accordance with section 10 of the Indian Contract Act, 1872:
The agreement made with any partner firm or third-party firm must be in writing, describing the
material terms of participation and shall:
a. Not force the direct sellers to buy such amount of products that cannot be sold to the
consumer in reasonable time.
b. Provide the direct seller a reasonable cooling-off period in which he can cancel his
participation and receive a refund for goods or services purchased.
c. Provide for a buy-back or repurchase policy for currently marketable goods or services
sold to the direct seller.
A marketing manager needs to honour the agreements made with any third party, as well as any contracts
that have been signed with other firms, agencies, customers, vendors and contractors. Similarly, fair and
honest marketing practices should be adopted.
i. A license under Prevention of Food Adulteration Act 1954
The Act seeks to prevent the adulteration of any article used as food of drinks for human
consumption excluding drugs and water in hotel industry. The Act gives the power to the Central
Government to set up at Central Committee for Food Standards and Central Food Laboratory for
testing and analysing food items.
ii. The Legal Metrology Act 2009
An Act to establish and enforce standards of weights and measures, regulate trade and commerce in
weights, measures and other goods which are sold or distributed by weight, measure or number and
for matters connected therewith or incidental thereto.
iii. License for Chimney under the Smoke Nuisance Act

An act to regulate on air pollution. All hotels having bakery as their internal unit for baking products
has to take a licence for the chimney under the smoke Nuisance Act.
iv. A license under Shops & Establishments Act
When an entity employs people, who may be casual workers, full time employees, contract based
etc, to regulate the work conditions and ensure the workers' rights are protected, it is mandatory to
get registered under the Shops and Establishments Act, informally called Shop Licence.
v. The operation, management, and maintenance of Hotel Industry
Laws that govern the working of hotel industry is related to matters such as management,
maintenance and the operational activities of hotels. Such laws include insurance laws, laws
regarding safety and security of workers, food and hygiene standards, obtaining licenses, Food and
Drug Administration Act, Shops and Establishment Act, etc.
vi. Eating House License.
It is a license given by the commissioner as an approval to supply food and drinks for consumption.
vii. Municipal Beer Bar License.
A license given by the municipality of the particular locality to the hotel or resort giving them
permission to sell beer inside their hotel premises
It is necessary for the success of any business operation, to hire the right talent. The staff required will
include kitchen staff (chefs and cooks), service staff (waiters and housekeeping staff) and management
staff (restaurant manager, store manager, accounts manager) and the like. Legally, the following Acts,
Rules and Regulations must be adhered to:
i. REGISTRATION UNDER THE SHOP AND ESTABLISHMENT ACT: To ensure healthy

working conditions of employees and protect employee rights, the government has set up the Shop and
Establishments Act, 1973. The procedure for registration has been set out under Section 3 of the
aforementioned Act. The act regulates the payment of wages, conditions of work, holidays, hours of
work and other conditions of persons employed in a restaurant.
ii. The Contract Labour (Regulation & Abolition) Act, 1970
Applicability: The act applies to every establishment (Principal Employer/Contractor) in which 10 or

more contract workers are employed or were employed during any day in the preceding 12 months.
Application for registration of establishments is to be made through the Shram Suvidha Portal and
registration fee is to be paid online.
An automated acknowledgment and certificate of registration under Form I annexed to the

Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 will be generated
electronically on the web portal itself.
Any change in ownership or management relating to any establishment is to be intimated online, on the
web portal itself. If such change requires higher registration fee, the additional amount is to be paid by
e-payment.
iii. The Payment of Gratuity Act, 1972
In India, gratuity is a type of retirement benefit. It is a payment made with the intention of helping an
employee monetarily after his retirement. It was held by the Supreme Court of India in Indian Hume
Pipe Co Ltd v Its Workmen that the general principle underlying a gratuity scheme is that by service
over a long period the employee is entitled to claim a certain amount as retirement benefit.[1] The
Payment of Gratuity Act was passed by Indian Parliament in 21 August 1972. The Act came in force on
16 September 1972.
D. Regulatory Authorities and courts for redressal under each of these three sets of
Acts, Rules and Regulations
i. Foreign Exchange Management Act (FEMA), 1999

▪ Structure to appeal when the party is aggrieved:
▪ Appointment of Adjudicating Authority (Section 16 states about the appointment of

Adjudicating Authority)
a. The Central Government by publishing an order under the Official Gazette can appoint
as many officers of the Central Government as the adjudicating authorities for holding an
inquiry in the prescribed manner against whom the complaint has been made.
b. The Central Government while appointing the Adjudicating Authorities should also
specify in the order published in the Official Gazette about their respective jurisdictions.
c. The Adjudicating Authority must hold an enquiry only on a complaint made in writing
by an authorised officer through a general or special order by the Central Government.
d. The alleged person can appear either in person or can take the assistance of any legal
practitioner or a Chartered Accountant to present his case before the adjudicating officer.
e. Every Adjudicating Authority must have the same powers of a civil court.
f. Every Adjudicating Authority should deal with the complaint diligently and also try to
dispose of the complaint within one year from the date of the receipt.
If the Adjudicating Authority fails to dispose of the complaint within the said or specified period then
the Authority should give the reasons in writing.
▪ Appeal to Special Director (Appeals) (Section 17 of the Act deals with Appeal to Special
Director)
a. The Central Government by notification should appoint one or more Special Directors
(Appeals) to hear appeals against the orders of the Adjudicating Authorities and should
also specify in the notification the matter and places in which the Special Director
(Appeals) may exercise jurisdiction.
b. Being an Assistant Director of Enforcement or a Deputy Director of Enforcement or any
other person who is dissatisfied with an order made by the Adjudicating Authority can
file an appeal to the Special Director (Appeals).
c. When the aggrieved person receives the copy of an order made by the Adjudicating
Authority then appeal made shall be filed within forty-five days from that date.
If any person files the appeal after the date of the expiry then it is completely up to the Special
Director (Appeals) that he may entertain the appeal once he is satisfied that there was sufficient
cause for not filing it within that period.
a. The Special Director (Appeals) on receiving the appeal may give the parties to the appeal
an opportunity to be heard and if he is satisfied then may pass an order regarding
confirming, modifying or setting aside the order appealed against.
b. A copy of every order made by the Special Director (Appeals) should be sent to the
appellant parties and also to the concerned Adjudicating Authority.
c. The Special Director (Appeals) will also have the same powers of a civil court which are
conferred on the Appellate Tribunal.
▪ Appellate Tribunal
Section 18 of the Act, talks about the establishment of the Appellate Tribunal which says that the
Central Government through a notification may establish an Appellate Tribunal for foreign
exchange in order to hear the appeals regarding the orders of the Adjudicating Authorities and
the Special Director (Appeals).
a. Procedure and powers of Appellate Tribunal and Special Director (Appeals)
Section 28 of the act states that
- Both Appellate Tribunal and Special Director (Appeals) shouldn’t be bound
by the procedure of the Code of Civil Procedure instead should be guided by
the principle of natural justice and should follow the provisions of this Act.
- While trying any suit both of them should have the same powers as a civil
court under the Code of Civil Procedure.
- Any order passed by the Appellate Tribunal or the Special Director (Appeals)
under this Act shall be performed or executed by them as a decree of a civil
court and, for this purpose both of them must have all the powers of a civil
court.
- The Appellate Tribunal or the Special Director (Appeals) can also transfer any
order made by it to a civil court having local jurisdiction. And such civil court
shall execute the order as if it were a decree made by that court.
▪ Appeal to High Court

b. If any person is dissatisfied with the decision of the Appellate Tribunal he/she may file an
appeal to the High Court within sixty days of that communication of the decision or order.
c. High Court may give a further extension of sixty-days if the Court is satisfied with the reasons
for the delay of the appeal filed by the appellant.
ii. Goods and Services Act (GST), 2017

▪ GST Act defines the phrase “adjudicating authority” as any authority competent to pass any order
or decision under this Act, but does not include the Board, the First Appellate Authority and the
Appellate Tribunal. Thus, in a way, any decision or order passed under the Act is an act of
“adjudication”
▪ Steps of appeals under GST:
▪ As per the GST Act, CGST & SGST/UTGST officers are both empowered to pass orders. As per
the Act, an order passed under CGST will also be deemed to apply to SGST. So, there is no need
to make appeals to both CGST & SGST
▪ General rules for filing GST appeals
▪ All appeals must be made in prescribed forms along with the required fees.
a. Fee will be- The full amount of tax, interest, fine, fee and penalty arising from the
challenged order, as admitted by appellant and 10% of the disputed amount
b. In cases where an officer or the Commissioner of GST is appealing then fees will not be
applicable.
iii. Income Tax Act, 1961

▪ The Income-tax Act, 1961 provides the legal remedies that can be resorted to by taxpayers in
case they wish to dispute any tax demand raised in proceedings carried out by Income-tax
Authorities in accordance with the provisions of the said Act.
▪ The Income-tax Act, 1961 also provides the option of settlement of tax disputes by the Settlement
Commission, which can be availed by the taxpayers as per the provisions of the Act.
▪ Constitution of the Panel
▪ Procedure for filing objections

a. The objections if any, of the eligible assessee to the draft order may be filed in person or
through his agent within the specified period in Form No. 35A.
b. The objections referred to in sub-rule (1) shall be in English and presented to the Secretariat
of the panel.
c. The objections shall be filed in paper book form in quadruplicate duly accompanied by—
- four copies of the draft order duly authenticated by the eligible assessee or his
authorised representative :
- Provided that in the case of draft assessment under sub-section (3) of section 143
read with section 144A, the objections shall also be accompanied by four copies of
the directions issued by the Joint Commissioner or Additional Commissioner under
section 144A and in the case of draft assessment under sub-section (3) of section 143
read with section 147, the objections shall also be accompanied by four copies of the
original assessment order, if any :
- Provided further that the Panel may, in its discretion, either accept the objections
which are not accompanied by all or any of the documents referred to above or reject
it.
- the evidence, if any, the eligible assessee intends to rely upon including any document
or statement or paper submitted to the Assessing Officer :
- Provided that where the eligible assessee intends to rely upon any additional
evidence other than those submitted to the Assessing Officer, such additional
evidence shall not form part of the paper book but may be filed along with a separate
application stating the reasons for filing such additional evidence.
▪ Further, taxpayers can also approach for resolution of tax disputes under the Mutual Agreement
Procedure under tax treaties, in which case, the Competent Authorities of the two contracting
states endeavour to resolve the dispute by way of negotiations.
▪ In addition to the above, Notices of Dispute under Bilateral Investment Promotion and Protection
Agreements (BIPAs) entered into by India have been received from some companies, wherein
allegations have been made that tax proceedings undertaken by Income-tax Authorities under the
provisions of the Income-tax Act, 1961
i. Food Safety and Standards Authority of India: Anyone who breaches any provision of the FSS Act
or the Rules and Regulations made by it will be liable to pay a penalty up to Rs. 2 lakh but for this
officially there is no prescribed penalty in the Act.
a. If a food business operator operates a food establishment without acquiring an FSSAI license,
the act is punishable under law. The food business operator may face imprisonment and FSSAI
license penalty up to rupees 5 lakhs for the same.
b. Any person selling misbranded goods, either himself or by a person who works on his behalf, is
held liable to the penalty up to 3 lakhs.
c. If a person selling, storing, distributing or importing food articles for human consumption, either
himself or by a person is found with the superfluous or extraneous matter, the FSSAI penalty for
such food businesses is up to rupees 1 lakh.
d. If a person/firm unreasonably resists or obstructs a food safety officer, he shall be punished with
imprisonment for a term of almost 3 months and fine extending up to rupees one lakh
ii. Supreme Court of India (Data Privacy Bill, 2017): Any person/firm who commits a data breach
will be punished by the Supreme Court of India with a penalty of up to Rs 15 crore and up to a three-
year jail term for company executives for violating privacy norms. The punishments and penalties in the
New Data Privacy Act can be classified into 3 (three) categories, namely: (i) penalties in the form of
fines; (ii) imprisonment; and (iii) the right to claim compensation.
iii. Consumer Forum: Oberoi Group of Hotels & Resorts is a service provider where consumers
experience luxurious living at five-star properties. In case it fails to deliver services that it promises, the
consumer can approach the consumer forum, a special purpose court in India regarding consumer
grievances, disputes and conflicts to seek redressal. It ensures fair practices by sellers.
▪ The Supreme court of India
The Supreme Court has come down heavily on governments on the issue of polluted water and air. It
stated that governments must compensate citizens for the adverse impact of pollution in the scenario of
failure to provide clean water and air. It states that the governing bodies has to look into the water
provided by Oberoi hotels to customers is clean and safe. Also make sure that Oberoi hotels and Resorts
do not lead to air and water pollution.
▪ Food Safety and Standards Authority of India
Food Safety and Standards Authority of India (FSSAI) is an autonomous body established under the
Ministry of Health & Family Welfare, Government of India. The FSSAI has been established under the
Food Safety and Standards Act, 2006 which is a consolidating statute related to food safety and
regulation in India. FSSAI is responsible for protecting and promoting public health through the
regulation and supervision of food safety.
▪ Consumer Forum
Consumer Court is a special purpose court in India that deals with cases regarding consumer disputes,
conflicts and grievances. They are judiciary hearings set up by the government to protect the consumers'
rights. Its main function is to maintain the fair practices & contracts by sellers. Consumers can file a
case against a seller if they are cheated or exploited by sellers.
▪ Central Pollution Control board
The Central Pollution Control Board (CPCB) of India is a statutory organisation under the Ministry of
Environment, Forest and Climate Change (Mo.E.F.C). It Coordinates the activities of the State Pollution
Control Boards by providing technical assistance and guidance and also resolves disputes among them.
Oberoi hotels has to get a certificate this board saying they are following the norms and guidance stated
by them and will abide by the same.
▪ The Federation of Hotels and Restaurants Association of India
▪ Hotel Association of India
▪ Supreme Court Of India
▪ Registration under the shop and establishment act:
A restaurant needs to register under the said act and obtain a license by applying to the State Chief
Inspector of Department of Labour. This must be done within a period of 30 days of the commencement
of your business by submitting the following documents to the State Chief Inspector:
a. Pan Card
b. Identity and Address Proof of the company
c. Details of the Employees
On verification of the aforementioned documents, the name of the restaurant shall be entered in the
Register of Establishments and a registration certificate will be issued. This certificate must be explicitly
displayed at all times at the restaurant. The cost for obtaining the license ranges between Rs. 200 to Rs.
4000 per year depending on the number of employees and location of the restaurant.
▪ The Contract Labour (Regulation & Abolition) Act, 1970
Application for registration of establishments is to be made through the Shram Suvidha Portal and
registration fee is to be paid online..Any change in ownership or management relating to any
establishment is to be intimated online, on the web portal itself. If such change requires higher
registration fee, the additional amount is to be paid by e-payment.
▪ The Payment of Gratuity Act, 1972
The act applies to the whole of India. But according to section 1(2) of the Act, in so far it relates to
plantation or ports, it shall not be extended to State of Jammu and Kashmir. T. Under Section 1(3-A), if
in case of any shop and establishment to which the act applies the number of employee reduces below
10, it shall continue to be governed by the act irrespective of the number of employees. Thus no employer
can escape liability under this act by reducing the number of employees. Under Section 2(e), nothing in
this act applies to apprentices and persons who hold civil posts under the Central Government or State
Government and are subjected to any other act or rule other than this act
E. List of contracts for managing each functional area
▪ Loan Agreements: A contract between a borrower and a lender which regulates the mutual
promises made by each party
▪ Shareholder’s Agreement: A shareholder’s agreement is a contract between the company and
its shareholders. It outlines the rights, obligations of the shareholders and provisions related to
the management and the authorities of the company
▪ Merger Agreement: Contract that is drawn up and signed by both parties when two companies
merge
▪ Asset purchase agreement: Agreement between a buyer and a seller that finalizes terms and
conditions related to the purchase and sale of a company's assets
▪ Property Insurance agreement: Property insurance provides financial reimbursement to the
owner or renter of a structure and its contents in case there is damage or theft
▪ Share purchase agreement: Agreement setting out the terms and conditions relating to the sale
and purchase of shares in a company
▪ Partnership agreement: Outlines the relationship between business partners and their
obligations and contributions to the business
▪ Settlement agreement: Contract between two parties to end a lawsuit if certain concessions are
met, which usually means paying cash to the plaintiff
▪ Franchise agreement: Outlines the relationship between a franchisor and franchisee
▪ Joint venture agreement: Outlines the goals, obligations, and financial contributions of parties
involved in a joint business venture
▪ Contract with advertising and brand agencies for 360-degree promotion of the firm
▪ Contracts with corporate firms for bulk bookings at hotel properties
▪ Contracts with film production houses for shoots across various Oberoi properties
▪ Contracts with various wedding groups and portal
▪ Contracts with luxury and lifestyle magazines for promotions
▪ Order of performance of reciprocal promises.
▪ Performance of contract that includes:
a. Duties of seller and buyer.
b. Payment and delivery are concurrent conditions.
c. Delivery
d. Rules as to delivery.
▪ Contract for supply of fresh vegetables and fruits

▪ Contract for supply of milk and bread products
▪ Contract for supply of raw materials required for kitchen use
▪ Contract for Inventory management channel (Channel Management Company)
▪ Contract with various Online Portals for selling room inventory
▪ Contract for supply of toiletries
▪ Contract for supply of beverages
▪ Contract for frontend and backend software
▪ Maintenance contract
▪ Contract for supply of meat, fish and chicken products
▪ Contract with cab agencies
▪ Employee Contracts: This contract will be between the employees and the restaurant discussing
their wages, employee years and post retirement plans.
▪ Employment Agreement
▪ HR Consulting Human Resource Outsourcing Agreement
▪ Executive Bonus Agreement
F. Draft of three distinct Contracts for each functional area in your own words
i. LOAN AGREEMENT
Date: 10-March-2020
For value received, the undersigned Oberoi Hotel (the “Borrower”), located at 37-39, Mahatma Gandhi
Rd, Yellappa Garden, Yellappa Chetty Layout, Sivanchetti Gardens, Bengaluru, Karnataka 560001,
promises to pay the order of SBI Bank (the “Lender”), at 37, Mahatma Gandhi Rd, Yellappa Garden,
Yellappa Chetty Layout, Halasuru, Bengaluru, Karnataka 560001, the sum of Rs. 10,000,000.00 with
interest from April 10, 2020, on the unpaid pricipal at the rate of 11.8% per annum.
1. Payments: - Unpaid principal after the due date mentioned below shall accrue interest at the rate of
12.6% annually until repaid
The unpaid principal and accrued interest shall be payable in monthly instalments of Rs. 345000,
beginning on June 10, 2020 and continuing till May 10, 2020 at which time the remaining unpaid
principal and interest shall be due in full.
2. Costs and Fees: - In the event of default, the borrower shall pay to the lender all costs of collection.
3. Waiver: - The Borrower and all sureties, guarantors and endorsers hereof, waive presentment, protest
and demand, notice of protest, demand and dishonour and non-payment of the loan.
4. Prepayment: - The borrower has the right to prepay all or any part of the principal amount of this
loan, together with accrued and unpaid interest thereon, at any time without prepayment penalty or
any premium.
5. Successors and Assigns: - The loan will incur to the benefit of and be binding on the respective
successors and permitted assigns of the borrower. The borrower may not assign its rights under this
loan without lender’s prior written consent.
6. Amendment: - The Loan may be amended or modified only by a written agreement signed by the
borrower and lender.
7. Severability: - In the event that any of the provisions of this loan are held to be invalid or
unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue
to be valid and enforceable as though the enforceable parts had not been included in this loan.
8. Signatures: -This Note shall be signed by ABC khan, on behalf of Oberoi hotel and Steven smith, on
behalf of SBI bank.
IN WITNESS WHEREOF, this agreement has been executed and delivered in the manner prescribed by
law as of the date first return above.
Signed this ______ day of _______, ________at_________________,

________________________________
Borrower: Oberoi Hotel (PAN : XYZDE1234F)

By: ___________________
ABC khan
Lender: SBI Bank

By: ___________________
Steven smith
ii. SHARE PURCHASE AGREEMENT
This Share Purchase Agreement (“Agreement”) is entered into on 10-March-2020 by and between
Oberoi Hotel, herein after to be referred to as Seller and Steven smith, herein after to be referred to as
Purchaser, collectively to be referred as Parties in the Agreement.
WHEREAS the Seller is the owner of 1000000 common shares in the capital stock of the EIH Ltd.
Corporation (the “Shares”);
WHEREAS the Purchaser desires to purchase for cancellation and the Seller desires to sell the
Shares; NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. PURCHASE PRICE: The purchase price for each share of shall be Rs. 150 AND an aggregate
purchase price of 1500000, hereinafter to be referred to as the Purchase Price, to be paid to the
Seller in form of a Promissory Note for the complete amount at the time of closing.
2. CLOSING: The closing as per this Agreement shall occur at Bengaluru on, Tuesday, 10-
March-2020 at 4:00 pm. The certificates representing the sale shall be duly endorsed for
transfer.
3. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller hereby warrants and

represents that:
(a) The Seller is the legal owner of the shares, clear of any liens, encumbrances or security
interests of any type.
(b) The Seller has complete authority to transfer and sell the shares mentioned in this
Agreement.
(c) To the Seller’s knowledge, the Company is valid and duly registered under the
appropriate law and has the lawful authority to function and own and operate the assets
and property so as to carry on its business.
4. SEVERABILITY: It is agreed by the parties that in any event where a part or parts of this
Agreement be held unenforceable for any reason, foreseeable or unforeseeable, the remaining
provisions of the Agreement shall continue in full force and effect. If any provision of this
agreement is deemed unenforceable or invalid by a competent court and if limiting such a
provision would make the same valid, then such provision shall be deemed to be construed as so
limited.
5. BINDING EFFECT: The covenants and conditions of the Agreement shall bind the bind the
parties and the heirs, legal representatives, successors, agents and permitted assigns of the
Parties.
6. ENTIRE AGREEMENT: This Agreement contains between the parties with respect to the
transactions shall supersede all prior negotiations, agreements and understandings, if any.
7. MODIFICATIONS AND AMMENDMENTS: This Agreement may be modified or amended,

but only in writing and must be signed by both the Parties to become valid.
8. GOVERNING LAW: This Agreement shall be governed by [JURISDICTION].
9. NOTICE: Any notice given in pursuant to this Agreement shall be in writing and be delivered
at he below mentioned addresses of the Parties:
(a) Purchaser:
Steven Smith
(b) Seller:
XYZ Khan
IN WITNESS WHEREOF, the parties upon compete understanding of the Agreement and giving the
consent to the same, have caused this Agreement to be executed on 10-March-2020
iii. SETTLEMENT AGREEMENT

The settlement agreement is made at Bengaluru on the day of month year.
Between Oberoi hotel located at 37-39, Mahatma Gandhi Rd, Yellappa Garden, Yellappa Chetty
Layout, Sivanchetti Gardens, Bengaluru, Karnataka 560001, herein after referred to as ‘the
Employer’ of the one part and XYZ khan herein after referred to as ‘the Employee’ of the other part.
SETTLEMENT PAYMENT
• Subject to the Employee complying with the terms of this Agreement, the Employer will pay the
Employee a sum of Rs. 50,000(‘the Settlement Payment’) .The Settlement Payment will be paid
within 14 days of receipt by the Employer of a signed copy of this Agreement
• The Employer and Employee rely on that the Settlement Payment is not subject to tax or National
Insurance. [The remainder is subject to tax but not National Insurance.]
• The [Employee/Employer] agrees to indemnify each other for any further tax and/or cost or
contributions due in respect of the Settlement Payment.
MUTUAL RELEASE OF ALL CLAIMS
In consideration for their faithful performance of the terms of this Settlement Agreement, the parties, for
themselves, their successors, assigns, and (in the case of the Contractor) subcontractors (at any tier), do
hereby relinquish, waive, release, acquit and forever discharge each other of and from any and all claims,
disputes, actions, charges, contractual obligations, complaints, causes of action, rights, demands, debts,
damages, or accountings of whatever nature, at law or in equity, known or unknown, asserted or not
asserted, which they have now or may have in the future against one another, based on any actions or
events which occurred prior to the date of this Settlement Agreement, including without limitation the
aforesaid Controversies and those arising out of or related to the aforesaid [Solicitation]/[Contract], any
claims for delay, disruption and impact, any claims (including statutorily based claims) for attorneys'
fees and costs incurred in connection with them.
NON-ASSIGNMENT
A party's rights under this Settlement Agreement may not be assigned without the express written
consent of the other party, which consent may be given only in accordance with applicable law and
regulation.
ADDITIONAL DOCUMENTS
The parties agree to execute whatever modification(s) of the Contract, invoices, and any and all other
additional documents as may be reasonably necessary to carry out the terms, conditions and obligations
of this Settlement Agreement.
BINDING EFFECT
This Settlement Agreement shall be binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives.
SEVERABILITY
If any portions of this Settlement Agreement are held invalid and unenforceable, all remaining portions
shall nevertheless remain valid and enforceable, to the extent they can be given effect without the invalid
portions.
NEGOTIATED TRANSACTION
Each of the parties has participated in the drafting and negotiation of this Settlement Agreement.
Accordingly, for all purposes, this Settlement Agreement shall be deemed to have been drafted jointly
by the parties.
COUNTERPARTS
This Settlement Agreement may be executed in any number of copies, each of which shall be deemed
to be a counterpart original.
REPRESENTATION OF AUTHORITY
Each person signing this Settlement Agreement hereby represents and warrants that he or she has the
authority to bind the entity on behalf of which he or she has signed.
Non-Publicity
Each of Company and Shareholder agree not to disclose the existence or contents of this Agreement to
any third party without the prior consent of the other Party except:
(i) to its advisors, attorneys or auditors who have a need to know such information,
(ii) as required by law or court order,
(iii) as may be required in connection with the enforcement of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed and signed this Settlement Agreement on
the date written above.
Signed for and on behalf of Signed for and on behalf of

First party Second party
[EMPLOYER] [EMPLOYEE]
MARKETING CONTRACT 1
ADVERTISING AGREEMENT
THIS AGREEMENT executed on this……………..day of 20... at ………….between:
M/s. …….. The Oberoi Group of Hotels & Resorts., a company incorporated under Companies Act,
1956 and having its registered office at 4, Mangoe Lane, Kolkata - 700 001, West Bengal.
here in after referred to as "the Company" through its Director Mr. ……………. (Which expression
shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its
successors and assigns) of the FIRST PART
and
M/s. Ogilvy & Mather Private Limited, a private limited company registered under the Companies
Act of 1956 and having its registered office at 14th Floor, Oberoi Commerz II, International Business
Park, Oberoi Garden City, off Western Express Highway, Goregaon (East) Mumbai, MH 400063.
here in after referred to as "the Agency" through its Partner Mr. ………… (which expression shall,
unless it be repugnant to the context or meaning thereof, be deemed to mean and include every partner
for the time being of the said firm, the survivor or survivors or the legal representatives, executors or
administrators of the last survivor) of the OTHER PART.
WHEREAS the company is a hospitality groups whose primary business is ownership, management and
operation of five star deluxe and five-star hotels in metropolitan and major tourist destinations
throughout India and in select tourist locations overseas is desirous to engage the services of an
advertising agency for the purpose of advertisement of their services in India and abroad.
AND WHEREAS the Agency has agreed to act as advertising agents for the company on the terms and
conditions hereinafter mentioned.
NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
· The company appoints the Agency to advertise and promote the said services in the
newspapers, magazines, journals, social media platforms, public hoardings as may be
determined by the parties.
· The Agency shall be paid a sum of INR 60,000 per month as a monthly fee for its
services provided.
· The agency must submit the estimate of cost and method and period of the advertisement
to the company and after the said estimate and methods of advertisements is approved by
the company in writing, the advertisements including print, hoardings, newspapers and
social media promotion/boosts will be released to the concerned platforms.
· The Agency shall submit a weekly report to the company showing in detail the social
media insights including reach, impressions, leads generated and conversions of
promotional advertisements across all social media platforms along with the dates, the
timing or appearance of the advertisements, the names of the social media portal.
· The Agency will not act as Advertisement Agent of any company/person, who is
manufacturing similar products and who are competitors of the company.
· This agreement shall be for a period of one year from the date of these presents.
However, any party may terminate this agreement before the period of one year by giving
two months’ notice in advance to the other party. In case the Agency commits a breach
of any covenant herein contained, the company is entitled to terminate the agreement by
giving one week's notice.
· All disputes between the parties hereto arising out of this Agreement or in relation
thereto or regarding the interpretation of this Agreement, shall be referred to an arbitrator
appointed by the Indian Council of Arbitration, New Delhi and the provisions of the
Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof shall
be applicable to such reference.
IN WITNESS WHEREOF the parties hereto have signed this Agreement on the day and year first above
written.
WITNESSES
1 The Company
For The Oberoi Group of Hotels & Resorts
(………………………)
Director
2. The Agency
For Ogilvy & Mather Pvt Ltd Agency
(………………………)
Partner
AGREEMENT BETWEEN WEDDING PLANNERS AND OBEROI GROUP OF HOTELS &
RESORTS
and
M/s. Desi Culture Luxury Weddings, a private limited company registered under the Companies Act
of 1956 and having its registered office at D/41,Himalaya Society Asalpha, Ghatkopar West,
Mumbai, Maharashtra 400084 here in after referred to as "the Agency" through its Partner Mr.
………… (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed
to mean and include every partner for the time being of the said firm, the survivor or survivors or the
legal representatives, executors or administrators of the last survivor) of the OTHER PART.
AND WHEREAS the Agency has agreed to act as wedding decorations company for the company on
the terms and conditions hereinafter mentioned.
NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS THAT:
· It is agreed that all decorations that are included in the Decorator’s inventory shall remain
the property of the Decorator. However, if the Client purchases decorations, the client has
full ownership of the property at the completion of the event.
· Upon signature, the Company reserves the time and date agreed upon, and will not make
other reservations for that specific time and date. For this reason, the deposit of 30% of the
balance stated is non-refundable, even if the event date is changed or event cancelled for any
reason.
· All shoot material may only be used for the purposes outlined below. No further usage of
said material is permitted without the consent of Management.
· Although care will be taken with the decorations, the Decorator limits any liability for
loss, damage or failure to deliver decorations for any reason of the Decorator’s non-
performance caused by any force or similar circumstances, illness, accident or any cause
beyond their control.
· In some cases if more expensive and customizable items are needed, the Client will be
required to pay a 50% deposit. The Client understands and agrees that the entire amount owed
is due 2 weeks prior to the decorating session.
written.
WITNESSES
1 The Company
(………………………)
Director
2. The Agency
For Desi Culture Luxury Weddings
(………………………)
Partner
PRODUCTION AGREEMENT TO SHOOT A BRAND VIDEO AT OBEROI PROPERTY
and
M/s. Purple Flicks, a private limited company registered under the Companies Act of 1956 and having
its registered office at Morya House, New Link Rd, Phase D, Shastri Nagar, Andheri West,
Mumbai, Maharashtra 400053 here in after referred to as "the Agency" through its Partner Mr.
………… (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed
to mean and include every partner for the time being of the said firm, the survivor or survivors or the
legal representatives, executors or administrators of the last survivor) of the OTHER PART.
AND WHEREAS the Agency has agreed to act as advertising agents for the company on the terms and
conditions hereinafter mentioned.
NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS THAT THE
FOLLOWING GUIDELINES SET THE PARAMETERS WITHIN WHICH ALL PHOTOGRAPHIC
AND FILM SHOOTS HELD AT MONTECASINO MUST BE CONDUCTED.:
· No shoot will take place without written permission from Oberoi Group of Hotels & Resorts.
· All shoots held must be in line with the Oberoi’s positioning and corporate image.
· The Company will charge a location fee of INR 5,OO,OOO for an 8 hour shoot per day.
· Oberoi Group of Hotels & Resorts and its staff will not be held responsible for any damage,
loss or harm to persons during a shoot.
· All equipment brought onto property for a shoot must be removed immediately thereafter.
· Use of models, extras and props will be at the expense of the Production house /agency/
photographer.
· No member of the public may be captured in the shoot material for use without their prior
written consent.
· All shoot material may only be used for the purposes outlined below. No further usage of said
material is permitted without the consent of Management.
written.
WITNESSES
1 The Company
(………………………)
Director
2. The Agency
For Purple Flicks
(………………………)
Partner
DRAFT 1: Managing hotel inventory with online portal “Yatra.com”
AGREEMENT
THIS Hotel AGREEMENT (hereinafter referred to as the “Agreement”) is made and
entered into on this _10_day of _March_, 2020 and deemed to be effective from
_15_ day of _March_, 2020 (hereinafter referred to as “Effective Date”);
BY AND BETWEEN
__The Oberoi Hotels and Resorts__, (an individual, company, partnership, proprietorship,
etc.) within the meaning of the Companies Act, 2013, having its Registered Office at
_Corporate Office at 7, Sham Nath Marg, Delhi - 110 054_ (hereinafter, referred
to as the “Hotel” / “You”, which expression shall, unless it be repugnant to the context or
meaning thereof, be deemed to mean and include Your heirs / subsidiaries, affiliates,
successors and permitted assigns) shall constitute the FIRST PART;
AND
Yatra Hotel Solution Private (formerly known as Desiya Online Travel Distribution Pvt. Ltd.), a
private limited Company registered under the provisions of the Companies Act, 1956 and having its
registered office at Unit No. 101 / 102, Satellite Silver Building, 1st Floor, Opp. Pearl Academy,
Marol Naka, Andheri East, Mumbai - 400 059, India.
NOW THEREFORE THE AGREEMENT WITNESSETH AS FOLLOWS:
• 1st part has have committed that a specified number of bookings at a mutually agreed price would
be available on daily basis for the customers making the booking
through Yatra.
• Yatra shall remit the details of the booking along with customer details such as name, address,
contact details, GST registration number of the customer to the Hotel.
• The Content related to Hotel rooms shall be made available by Yatra to third party buyers/
customers via their respective websites and other channels for booking.
• The room rates, booking policy, cancellation policy etc applicable on the customers making the
booking through Yatra channels shall be as per the hotels policies depending upon the seasonality, supply
and demand factors. Here, Hotel authorize Yatra to issue booking voucher or any other commercial
document to the customer that confirms booking on behalf of Hotel.
• Yatra shall merely collect the gross amount for room charges from the customer on behalf of the
Hotel at the time of booking & shall pass the full booking amount to the hotel prior to the customer
check-in.
• As a consideration for facilitating the booking of hotel accommodation services, Hotel agrees to
pay commission of 15% to Yatra as per the mutually agreed terms.
• All information contained in this agreement is strictly confidential and must not be disclosed to
third parties.
• This Agreement may be terminated at any time for any reason by either Party by giving a clear
thirty (30) days prior written notice to the other Party.
IN WITNESS WHEREOF, the Parties hereto have executed these present on the day,
month and year first hereinabove written:
For and on behalf of Yatra For and on behalf of Oberoi Hotel & Resorts
Signatures Signatures
Name: Name:
Date: Date:
Place: Place:
Witness:
1.Name:
2.Name:
Draft 2: Supply of vegetables and fruits
AGREEMENT
BY AND BETWEEN
AND
Big Basket a private limited Company registered under the provisions of the Companies Act, 1956 and
having its registered office at No. 7, Service Road, Off 100 Feet Road Indiranagar, Bengaluru.
• The seller agrees to supply fresh vegetables and fruits to the buyer as per his requirement
compliant with the quality requirements set by the buyer indicated in the Annex of this agreement. The
delivery of the products shall take place on a constant weekly basis, precisely every Friday of the week
at the hotel location specified in the contract.
• The buyer has agreed to pay the seller the amount on every Monday of the week. The seller has
agreed to sell his goods at price such that they are around 10% lower than market price.
• This agreement shall have duration of 1 year, beginning on date 15/03/2020 and ending on date
15/03/2021.
• In case where unforeseen situations such as hail, drought, excessive rain, war, fire, civil unrest,
and any other reasonable cause, which is beyond the parties control (the so called “force majeure” cause)
arise affecting the correct execution of this agreement, neither party shall be considered liable of non-
performance, losses and damages occurred.
• Both the parties can terminate the contract by giving 30 days of notice period.
• This Agreement shall be governed by the Laws of India.
• The seller agrees that if the quality is not as per the standard set by the buyer then the buyer has
the right to cancel the payment of that specific order.
• Failure of the buyer to pay the price or breach of any other term of the agreement. In this case,
the buyer shall compensate for damages incurred from this non-performance by the seller.
• Failure of the seller to supply the agreed products or breach of any other term of the agreement.
In this case, the seller shall compensate for damages occurred from this non-performance by the buyer.
IN WITNESS WHEREOF, the Parties hereto have executed these presents on the day,
month and year first hereinabove written:
For and on behalf of Big Basket For and on behalf of Oberoi Hotel & Resorts
Name: Name:
Date: Date:
Place: Place:
Witness: 1.Name: 2.Name:

Draft 3: Annual Maintenance Contract
AGREEMENT
BY AND BETWEEN
AND
VGA Electricals (formerly known as Maintenance company), a private limited Company registered
under the provisions of the Companies Act, 1956 and having its registered office at #412/24, Hennur
Cross, Maruthi layout, opp to Indian Academy PU college, Bangalore 560043.
• The sealed tender is for the Annual Maintenance Contract for Computers, Elevators, Utility, deep
freezers, refrigerators, Equipment, Furniture etc
• All the complaints received shall be attended by them in following manner:
a. Minor faults immediately with telephonic support.

b. Major faults which require visit to the branch within 48 hrs.
c. The vendor shall be responsible for taking backup data and programme available on PCs before
formatting the system and shall be also responsible for reloading the same. The backup copies are to be
returned to the users, under Acknowledgement.
d. Repair and servicing of equipment shall be carried out at customer sites, in case the equipment is
required to be transported to the vendor's/manufacturer's service workshop for repairs, the same shall be
undertaken at the risk and cost of the vendor.
• The vendor shall make AMC services available on all days as and when requested by the
Company.
• The company has to bear an AMC contract charges of Rs.1000000/-. Any other charges which
don't include in the AMC agreement will be considered for separate charges.
• This AMC does not include:
a) Electrical work external to the equipment or maintenance of accessories, attachments, machines or

other devices not covered under this agreement.
b) Damage resulting from accidents, fire, lightning or transportation. The cost of repairs or replacements
due to these factors will include charges for labour as well as charges for parts, which is payable to the
AMC vendor apart from AMC charges.
c) Any work external to the equipment such as maintenance of non-AMC attachment, accessories etc.
d) The system maintenance does not include the cost of consumables like ribbons, power cables,
magnetic tapes etc.
• AMC charges will be paid on the quarterly basis. Taxes shall be paid as applicable.
• Quarterly Preventive Maintenance Report must be submitted for release of quarterly payment.
• This contract will be valid for the period from 15/03/2020 to 14/03/2021 with a provision to
extend the same for a further period of one year or part thereof on the same rates, terms and conditions
on mutual consent.
• Either party may terminate the Agreement by giving 90 days’ notice in writing.
• Breach of the agreement in terms of said agreement may lead to a penalty of Rs.100000/-.
• The vendor shall not be liable for any delay or failure of performance of any of its obligations
under or arising out of this contract, if the failure or delay results from any of the following: - "Act of
God, refusal of permissions or other Government Act, Fire, Explosion, Accident, industrial dispute and
the like which renders it impossible or impracticable for the vendor to fulfil its obligations under the
contract or any other cause/circumstances of whatsoever nature beyond vendor's control".
• The limitation of liability on any default of the vendor will not be more than the purchase order
value arising out of this agreement.
IN WITNESS WHEREOF, the Parties hereto have executed these presents on the day, month and year
first hereinabove written:
For and on behalf of VGA Electricals For and on behalf of Oberoi Hotel & Resorts
Name: Name:
Date: Date:
Place: Place:
Witness:
1.Name:
2.Name:
CONTRACT 1.
AGREEMENT OF EMPLOYMENT
This agreement of employment is drawn between Mr Raghav Sharma, S/O Ravi Kant Sharma, an Indian
national, 23 years of age, Resident of H.No 8, Satyam Vihar, Trikuta Nagar, Jammu, J&K – 180020,
AND
Oberoi HotelsPvt. Ltd., a company set up under the Companies Act of 2013, headquartered in Bardez,
Goa - 403505, company registration no 198500562G .
Throughout the agreement, “Employee” shall refer to Mr Raghav Sharma and “Employer” shall refer to
“Oberoi HotelsPvt. Ltd”
The employee and employer signed this agreement on 05-03-2020. The employer desires to obtain the
services of the employee and the employee through this document, agrees to render the service needed
on terms and conditions mentioned below.
The parties agree to the following:
1. Employment
The Employee agrees that he will at all times faithfully and to the best of his skills, ability and experience,
perform all of the duties required of his position. The Employee shall comply with all Employer policies,
rules and regulations, both written and oral, as are announced by the Employer. It is also understood and
agreed to by the Employee that his duties and responsibilities and reporting may be changed by the
Employer in its sole discretion without causing termination of this agreement.
2. Designation
As a Manager, the Employee is required to perform the following:
(a) Take care of efficient running of the restaurant while in duty
(b) Coordinate with the hotel staff and ensure smooth operation by delegating duties and work
(c) Help in hiring the blue collar staff needed like cleaners, servers, bus boys etc.
(d) Take care of the social image of the restaurant both online and offline
(e) Other duties as may arise from time to time and as may be assigned to the employee.
3. Compensation
(a) As full compensation for all services the employee provides, he shall be paid a salary of Rs.4,50,000/-
per annum. Such payments shall be subject to such normal statutory deductions by the Employer.
(b) There will be an annual bonus of Rs.20,000/- given to the employee on the basis of quality of work
done, which shall be judged after 6 months of him joining the employer.
(c) The salary mentioned in clause (3a) shall be reviewed on an annual basis.
(d) All reasonable expenses arising out of employment shall be reimbursed assuming same have been
permitted prior to being incurred and with the submission of appropriate receipts.
4. Leave
(a) The Employee shall be entitled to 24 listed holidays per annum in addition to 12 earned
leaves, 6 medical leaves and 2 emergency leaves.
(b) Leaves must be applied for, at least 1 week in advance.
5. Benefits
The Employer shall at its expense provide the Employee with the Health Plan that is currently in place.
6. Probation Period
It is understood and agreed that the first ninety days of employment shall constitute a probationary
period during which period the Employer may, in its absolute discretion, terminate the Employee's
employment, for any reason without notice or cause.
7. Performance Reviews
The Employee will be provided with a written performance appraisal at least once per year and will be
reviewed at which time all points of the assessment can be fully discussed.
8. Termination
(a) The Employee may at any time terminate this agreement and his employment by giving at least one
month written notice to the Employer.
(b) The Employer may terminate this Agreement and the Employee’s employment at any time, without
notice or payment in lieu of notice, for sufficient cause.
9. All disputes arising between the above mentioned parties as to the interpretation, operation, or
effect of any clause in this deed or any other difference arising between the partners, which cannot
be mutually resolved, shall be referred to the arbitration of Mr. Andre Clifford Pereira failing
him to any other arbitrator chosen by the partners in writing. The decision of such an arbitrator
shall be binding on the partners.
10. All disputes arising between the above mentioned parties as to the interpretation, operation, or
effect of any clause in this deed or any other difference arising between the parties, which cannot
be mutually resolved, shall be referred to the Jurisdiction of the state of Goa only.
SIGNED AND DELIVERED IN THE PRESENCE OF:
……………………………………….. DATE:
………………………….
(EMPLOYEE) PLACE:
………………………….
………………………………………..
(EMPLOYER)
………………………………………..
(WITNESS)
CONTRACT 2.
NON-DISCLOSURE AGREEMENT
THIS NON-DISCLOSURE AGREEMENT is entered into on by “Oberoi Hotels Pvt Ltd.” located in
Panaji, Goa and Ketan Naik, r/o Panaji Goa between the undersigned parties on the date specified below.
Either Party possesses certain confidential proprietary information; this can be in connection to business
relationships, partners, co-venture, trading partners, employees and other organizations, confidential
proprietary information of one Party may become available to the other Party. Hereby, either Party
desires to prevent the unauthorized use and disclosure of its confidential proprietary information.
Now therefore, in consideration of these premises and for other good and valuable consideration, the
parties agree as follows:
1. Confidential Information: By this agreement, Confidential Information shall mean all strategic and
development plans, financial condition, business plans, data, customer lists, employee lists, policies and
procedures, and all other information that is not generally available to public.
2. Non-disclosure Obligations: The party receiving the information promises and agrees to hold the
confidentiality of the information, and to protect and safeguard the information against unauthorized
use, publication and disclosure, and to not use the information except for business purpose.
3. Exception: The confidentiality obligations won’t be applicable if the information is, or later, becomes
public knowledge other than breech of provisions of this contract.
4. Return of Confidential Information: The receiving party, upon termination of the business relations,
should return the confidential information to the older party at the earliest which includes notes, recodes
and other written or printed documents.
5. Losses: The receiving party promises to pay the other party for all the losses incurred due to breach
of information from the receiving party.
6. Terms for termination: This agreement will be valid from the date undersigned till the receiving party
is handed over the termination contract. The receiving party is entitled to use the information as per need
for business purpose only.
7. Governing Law: This agreement shall be governed by the laws of India and the all the conflicts shall
be resolved in the Mumbai High Court jurisdiction
I, Ketan Naik, residing in Panaji - Goa, hereby fully agree to comply with the above rules and regulations
and all appendices related along with during my tenure with Swiss Hotel and Restaurant.
NAME:
DATE:
SIGNATURE:
CONTRACT 3.
HR Consulting Human Resource Outsourcing Agreement
Oberoi Hotels Pvt Ltd. (“Client”) and Zelle, LLC (“Zelle”) hereby agree as follows:
1. Description of Services Provided by Zelle. Zelle shall assist Client with the review of wage and salary
procedure in the form of; updating 22 job descriptions, review assigned job codes from the State Salary
Survey, and work with LPNNRD management to formulate a working plan to identify strengths and
weaknesses in the current process.
2. Duties of Client. Client shall provide Zelle any information and data necessary to perform the duties
described in Section 1 above. It is Client’s sole duty to implement and utilize training, information and
guidance furnished by Zelle in a manner that will be most beneficial to Client and in compliance with
applicable laws and regulations.
3. Fees. In consideration for the Human Resources consulting services to be provided by Zelle
hereunder, Client shall pay a fee to Zelle of $9,500.00 for 22 updated job descriptions, updated job codes
from the State Salary Survey for each of the 22 job descriptions, and a lists of strengths and weaknesses
pertaining to the method currently used to set annual salary range for each job description.
4. Incorporation in Agreement. This Appendix D shall be incorporated as a part of the Master Human
Resources Outsourcing Agreement between Zelle and Client dated _________, 2016 (the “Master
Agreement”).
5. Additional Indemnity. In addition to Section 23 of the Master Agreement, Client hereby agrees to
indemnify and hold Zelle and its Party Affiliates (as defined in the Master Agreement) harmless from
and against any and all Damages (as defined in the Master Agreement) arising from or in any way related
to a claim made by any employee of Client or regulatory authority of Client. Client retains the final
authority and responsibility for administering all matters for which Zelle provides assistance herein.
Zelle, LLC Lower Platte North Natural Resources District (Client) By: ____________________
By: ___________________ Title: ___________________ Title: __________________
EXECUTIVE BONUS AGREEMENT
This AGREEMENT is made and entered into as of the th day of 23,Feb, 2020 , by and between
MR.RAMESH RAJPAL (hereinafter referred to as the "Executive") and , , Oberoi
Hotels , Suite , (“Company"),
IN CONSIDERATION of the mutual covenants hereinafter made by each party to the other, the
Executive and the Company agree as follows:
EMPLOYMENT AND BONUS COMPENSATION
Paragraph One. The Company recognizes the very important contribution that the Executive has
made to the Company thus far. The Company and the Executive continue to enjoy the benefits of the
Executive’s employment.
Paragraph Two. The Company agrees that, in addition to the normal and regular payment of
compensation currently being paid, as determined by Company, as well the normal and regular vacation
and employee benefits, the Executive shall be entitled to participate, starting with the 2006 calendar
year, in an executive bonus plan, as stated in the Exhibit (Schedule A) attached to this Agreement, as
amended from time to time, subject to the terms and conditions provided therein. The Company reserves
the right to terminate the plan for any given calendar year prior to the start of such year. Vested, declared
and payouts already committed and projects already underway will not be affected by such termination.
The Company also reserves the right to specifically exclude any corporate investment from the bonus
calculation, i.e., those investments where Executives had little or no involvement in the creation, finding
or recommendation of the investment. Notification and determination of the amount of the bonus will
be made in writing by March 15th of the following year, as determined solely by the Chief Executive
Officer of the Company. Executive shall be deemed to have consented to such determination without
objection unless Executive notifies Company within twenty (20) days from the date such bonus has been
received.
ACKNOWLEDGMENT
The Executive and the Company, by its designated representative, hereby acknowledge that they have
read and understand each of the provisions of this Agreement, that they have executed this Agreement
voluntarily and with full knowledge of its significance, and that they intend to be fully bound by the
same.
----------------------------- ---------------------------------- , Inc.
/s/ , President
Witness: Attest by Notary
--------------------------------- --------------------------------
REFERENCES:

▪ Hotel Accounts Manager / Finance Manager Duties and Responsibility. (n.d.). Retrieved from
https://setupmyhotel.com/job-description-for-hotels/bo-n-others/449-accounts-manager.html
▪ GST have 5 Acts and needs study of other 14 Acts. (n.d.). Retrieved from
https://taxguru.in/goods-and-service-tax/gst-5-acts-study-14-acts.html
▪ Thompson, V. (2018, November 28). Importance of Knowledge of Laws in the Hospitality
Industry. Retrieved from https://smallbusiness.chron.com/importance-knowledge-laws-
hospitality-industry-77484.html
▪ CompaniesAct2013. (n.d.). Retrieved from
https://www.mca.gov.in/Ministry/pdf/CompaniesAct2013.pdf
▪ Money Changer License - Eligibility & Application Procedure. (2019, December 17). Retrieved
from https://www.indiafilings.com/learn/money-changer-license/
▪ Bajaj Finserv. (2018, October 10). How to Register for GST Online. Retrieved from
https://www.bajajfinserv.in/insights/how-to-register-for-gst-online
▪ GST Registration - File Application Online. (n.d.). Retrieved from
https://www.indiafilings.com/gst-registration
▪ Desk, I. T. W. (2019, January 21). How to file Income Tax Return online: Here are step-by-step
guidelines. Retrieved from https://www.indiatoday.in/information/story/how-to-file-income-
tax-return-online-step-by-step-divd-1435472-2019-01-21
▪ Income Tax Department. (n.d.). Retrieved from
https://www.incometaxindia.gov.in/pages/rules/income-tax-dispute-resolution-panel-rules.aspx
▪ ClearTax. (2019, November 28). Basics of GST Appeals & Revisions - Guide on How to Appeal
under GST. Retrieved from https://cleartax.in/s/gst-appeals
▪ Sehgal, D. R. (2020, February 7). All about Foreign Exchange Management Act, 1999. Retrieved
from https://blog.ipleaders.in/foreign-exchange-management-act-
1999/#Adjudication_and_appeal_under_FEMA
▪ Enterslice. (2019, June 17). Sample Format of Settlement Agreement. Retrieved from
https://enterslice.com/learning/settlement-agreement/
▪ Types of Business Contracts: Everything You Need to Know. (n.d.). Retrieved from
https://www.upcounsel.com/types-of-business-contracts
▪ (2018, June 23). Retrieved from Legaldocs.co.in: https://legaldocs.co.in/blog/fssai-penalty-
structure-an-overview
▪ (2019, November 14). Retrieved from Mondaq.com:
https://www.mondaq.com/india/Privacy/861424/Personal-Data-Protection-Bill-2018--
Offences-And-Penalties
▪ Advocate Khoj. (n.d.). Retrieved from Advocate Khoj:
https://www.advocatekhoj.com/library/agreements/miscellaneousagreements/43.php
▪ Malhotra, L. (2020, January 17). Retrieved from Legodesk.com:
https://legodesk.com/legopedia/advertising-laws-india/

▪ Food Safety and Standards Authority of India. (n.d.). Retrieved from Wikipedia:
https://en.wikipedia.org/wiki/Food_Safety_and_Standards_Authority_of_India
▪ LIMITED, Y. H. (2018). Agreement. Mumbai.
▪ What are laws governing hotel industry in India. (2016, December 22). Retrieved from iPleaders:
https://blog.ipleaders.in/laws-governing-hotel-industry-india/
▪ Wikipedia. (2020, 02 05). Consumer Forum. Retrieved from Wikipedia:
https://en.wikipedia.org/wiki/Consumer_Court

▪ Sylvine. (2019, October 12). What are the Laws Governing Hotel Industry In India. Retrieved
from https://blog.ipleaders.in/laws-governing-hotel-industry-india/
▪ Bolden-Barrett, V. (2017, November 21). The Role of the Human Resources Department in a
Hospitality Organization. Retrieved from https://smallbusiness.chron.com/role-human-
resources-department-hospitality-organization-71891.html
▪ Legal documents. (n.d.). Retrieved from https://www.rocketlawyer.com/document/human-
resources-contract.rl
_________________________________________________

2020BusinessLawProjectC5 PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2020BusinessLawProjectC5 PDF

Uploaded by

Copyright:

Available Formats

LEGAL COMPLIANCE AND

CONTRACTS FOR MANAGING

ORGANISATION: OBEROI HOTELS AND RESORTS

Finance: K S Sunil - 2019148

Marketing: Sukanya Bhatt - 2019181

Operations: Pratish Prabhudessai - 2019163

Human Resources: Rabprit Singh - 2019165

4. Specific compliance action required for three of these sets of Acts/Rules/Regulations:

6. List of contracts for managing each functional area

* Full name of organization: Oberoi Hotels & Resorts

* Registered office and law under which it is set up:

* Legal structure (e.g. company; if listed, stock exchanges on which it is listed):

- Bangalore Stock Exchange Ltd.

* Fixed assets as of 31st March, 2019: Rs. 19,314.24 Million

* Specific products/services: Hospitality

* Number of employees: 13,000 (As on 2017)

* Number of Locations: 33 (As on 2017)

* Board of Directors of the company:

1. FINANCE DEPARTMENT (2019148)

Position title: Finance Manager / Accounts Manager

2. MARKETING DEPARTMENT (2019181)

Role: Marketing/Communications Manager

3. OPERATIONS DEPARTMENT (2019163)

Role: Operations Manager

4. HUMAN RESOURCE DEPARTMENT (2019165)

Role: Human Resource Manager

1. FINANCE DEPARTMENT (2019148)

▪ Foreign Exchange Management Act (FEMA), 1999

▪ Companies Act, 2013

▪ Goods and Services Act (GST), 2017

▪ The Consumer Protection Act, 2019

▪ The Payment and Settlement Systems Act, 2007

▪ Information Technology Act, 2000

▪ The Finance Act, 1994

2. MARKETING DEPARTMENT (2019181)

▪ The Food Safety and Standards Act, 2006

2. OPERATIONS DEPARTMENT (2019163)

▪ The operation, management, and maintenance of Hotel Industry

▪ The Federation of Hotels and Restaurants Association of India

4. HUMAN RESOURCE DEPARTMENT (2019165)

C. Specific compliance action required for three of these sets of

1. FINANCE DEPARTMENT (2019148)

i. Foreign Exchange Management Act (FEMA), 1999

ii. Goods and Services Act (GST), 2017

iii. Income Tax Act, 1961

2. MARKETING DEPARTMENT (2019181)

a. NOC from Society/Owner, MMRDA’s Consent for Assignment of the Premises

3. OPERATIONS DEPARTMENT (2019163)

i. A license under Prevention of Food Adulteration Act 1954

ii. The Legal Metrology Act 2009

iii. License for Chimney under the Smoke Nuisance Act

iv. A license under Shops & Establishments Act

v. The operation, management, and maintenance of Hotel Industry

vi. Eating House License.

vii. Municipal Beer Bar License.

4. HUMAN RESOURCE DEPARTMENT (2019165)

i. REGISTRATION UNDER THE SHOP AND ESTABLISHMENT ACT: To ensure healthy

Applicability: The act applies to every establishment (Principal Employer/Contractor) in which 10 or

An automated acknowledgment and certificate of registration under Form I annexed to the

iii. The Payment of Gratuity Act, 1972

1. FINANCE DEPARTMENT (2019148)

i. Foreign Exchange Management Act (FEMA), 1999

▪ Appointment of Adjudicating Authority (Section 16 states about the appointment of

Signed this __ day of _, at___________,