FPO 36 months schedule

Particulars 3 6 12 18 24 30 36
Cluster Identified x
Base line Survey x
Awareness programme x
Initial shareholders joined x
BoDs identification x
comprehensive report to NABARD, along with the X
claim
Bank Account to be opened X
Constitution of BoDs X
BoDs – 1st training X
Office premises X
Application with ROC X
Activities of FPO - depending on the nature of X
activities / products of the shareholder members
CEO - Identification and appointment X
CEO - Furnishing a copy of the appointment letter X
to NABARD.
CEO – 1st training X
Business plan X
Upload – data – NABARD portal X
comprehensive report to NABARD, along with the X
claim
Incorporation completed – proof submitted X
to NABARD - copy of Registration Certificate
along with byelaws /Memorandum &Articles of
Association
BoDs – 2nd training X
CEO – 2nd training X
Increase shareholder member - (to achieve a X
minimum shareholding membership of 100 in
'Difficult Areas' / 150 in 'Other Areas')
Progress as per business plan
 licenses / approvals / permissions for input X
procurement and distribution
 establishment of farm machinery hub for
custom hiring X
 obtaining permissions from the regulatory
/ competent authorities for mandi X
marketing, direct marketing, e NAM platform,
futures markets ; etc.
Business plan prepared & a copy submitted to NABARD X
(if not completed earlier).
Upload – data – NABARD portal X
comprehensive report to NABARD, along with the X
claim
 Auditing of accounts X
 finalisation of financial statements for the first X
financial year
 submission of the financial statements to the X
statutory authority along with other
compliances.
  Awareness creation X
 mobilization of shareholder membership
Progress as per business plan
 licenses / approvals / permissions for input X
procurement and distribution
 establishment of farm machinery hub for
custom hiring X
 obtaining permissions from the regulatory
/ competent authorities for mandi X
marketing, direct marketing, e NAM platform,
futures markets ; etc.
BoDs – 3rd training X
CEO – 3rd training X
statutory authority - for non-compliance of the PO X
to any of the revisions of the Act - POPI shall ensure that
no penalties are levied
POPI to provide required handholding support to X
ensure that the PO is rated in 'A' or 'B' category, based
on the latest rating done by NABARD (if applicable)
Upload – data – NABARD portal X
comprehensive report to NABARD, along with the X
claim
 Auditing of accounts, X
 finalisation of financial statements for the 1st
financial year,
X
 submission of the financial statements to the
statutory authority along with other X
compliances (any pending aspects).
 Awareness creation X
 mobilization of shareholder membership
Progress as per business plan
 licenses / approvals / permissions for input X
procurement and distribution
 establishment of farm machinery hub for
custom hiring X
 obtaining permissions from the regulatory
/ competent authorities for mandi X
marketing, direct marketing, e NAM platform,
futures markets ; etc.
BoDs – 4th training X
CEO – 4th training X
statutory authority - for non-compliance of the PO X
to any of the revisions of the Act - POPI shall ensure that
no penalties are levied
POPI to provide required handholding support to X
ensure that the PO is rated in 'A' or 'B' category, based
on the latest rating done by NABARD (if applicable)
Upload – data – NABARD portal X
comprehensive report to NABARD, along with the X
claim
 Auditing of accounts, X
 finalisation of financial statements for the 2nd
financial year
X
 submission of the financial statements to the
statutory authority along with other X
compliances (any pending aspects).
 Awareness creation X
 mobilization of shareholder membership
Progress as per business plan
 licenses / approvals / permissions for input X
procurement and distribution
 establishment of farm machinery hub for
custom hiring X
 obtaining permissions from the regulatory
/ competent authorities for mandi X
marketing, direct marketing, e NAM platform,
futures markets ; etc.
BoDs – 5th training X
CEO – 5th training X
statutory authority - for non-compliance of the PO X
to any of the revisions of the Act - POPI shall ensure that
no penalties are levied
POPI to provide required handholding support to X
ensure that the PO is rated in 'A' or 'B' category, based
on the latest rating done by NABARD (if applicable)
Ensuring that the PO is eligible for claiming for part / X
full eligible amount of Business Development
Assistance (BDA) from NABARD. If so, facilitating PO
in submitting the claim for BDA from NABARD.
Upload – data – NABARD portal X
comprehensive report to NABARD, along with the X
claim
 Auditing of accounts, X
 finalisation of financial statements for the 2nd
financial year
X
 submission of the financial statements to the
statutory authority along with other X
compliances (any pending aspects).
 Awareness creation X
 mobilization of shareholder membership
Progress as per business plan
 licenses / approvals / permissions for input X
procurement and distribution
 establishment of farm machinery hub for
custom hiring X
 obtaining permissions from the regulatory
/ competent authorities for mandi X
marketing, direct marketing, e NAM platform,
futures markets ; etc.
BoDs – 6th training X
CEO – 6th training X
statutory authority - for non-compliance of the PO X
to any of the revisions of the Act - POPI shall ensure that
no penalties are levied
POPI to provide required handholding support to X
ensure that the PO is rated in 'A' or 'B' category, based
on the latest rating done by NABARD (if applicable)
Ensuring that the PO is eligible for claiming for part / X
full eligible amount of Business Development
Assistance (BDA) from NABARD. If so, facilitating PO
in submitting the claim for BDA from NABARD.
Upload – data – NABARD portal X
comprehensive report to NABARD, along with the X
claim
Submission of claim for BDA assistance (part / full), if X
any.
 Schedule of Handing Holding Support for 36 months

3 Months 6 Months 12 Months

 10,000 (mobli & Aware)
 18,750 (25% PO incentive)
 30,000 (CEO)
 40,000 (regis)
 31,250 (BoDs train)
 12,500 (CEO Train)
 20,000 (Business Plan)
 18,750 (25% PO incentive)
 30,000 (CEO)
 6,000 (admin Exp.)
 31,250 (BoDs train)
 12,500 (CEO Train)
 37,500 (50% PO incentive)
 60,000 (CEO)
 6,000 (admin Exp.)

58,750 1,58,500 1,47,250

18 Months
 5,000 (mobli & Aware)
 25,000 (BoDs train)
 12,500 (CEO Train)
 37,500 (50% PO incentive)
 60,000 (CEO)
 6,000 (admin Exp.)
1,46,000
24 Months 30 Months
 5,000 (mobli & Aware)  20,000 (BoDs train)
 25,000 (BoDs train)  6,250 (CEO Train)
 12,500 (CEO Train)  37,500 (50% PO incentive)
 37,500 (50% PO incentive)  48,000 (CEO)
 60,000 (CEO)  5,000 (admin Exp.)
 6,000 (admin Exp.)
1,46,000 1,16,750
36 Months
 20,000 (BoDs train)
 6,250 (CEO Train)
 37,500 (50% PO incentive)
 48,000 (CEO)
 5,000 (admin Exp.)
1,16,750

Annexure - III
General Terms and Conditions (GTC) of PODF ID
The project should lead to
 increase or improvement in production and productivity
through adoption of
 new, innovative or. Appropriate technologies
 linkages with markets/ Corporate houses
leading to
increase or improved income earnings.
convergence of interventions with the
 existing schemes of State/Central Govt. /
 other stakeholders
 bring required synergy through effective coordination.
Project Implementation and  DDM
Monitoring Committee  LDM
(PIMC)  Representatives of line of department
 POPI representatives.
 FPO representatives
 shall meet quarterly
 to review the progress
  guide the project execution
 make recommendations for release of grant to POPI/FPO.

The minutes of the meeting has to be submitted for availing each instalment as
per prescribed format (Annexure-IX)
MIS and R & D The POPI may undertake to document
 their experience during the course of implementation
 submit to NABARD RO for information/record/ publicity/training
 other related purposes.
 The recipient shall not publish the reports/research findings/results without
a written permission from NABARD.
 Further, NABARD shall have the right to use the same for its internal use
and for training, publicity, etc., after duly acknowledging the source(s).

 Where the results of research or studies assisted by NABARD lead to

obtaining of patent or to commercial exploitation in any form
 NABARD shall have the right to demand a share in the gains made by
the concerned institutions / individuals.
 Di gital Monitoring of FPOs: The static and dynamic data of FPO and
its shareholder members has to be captured by the concerned POPI/PO
on NABARD's PO portal on a regular basis for the purpose of digital
monitoring and generating appropriate MIS. Release of grant assistance
will be subject to uploading of correct & complete data on the web Portal
.
Reporting  Monthly Progress Report in the prescribed format (Annexure - X)
should be submitted to NABARD, RO before 5th of the month succeeding to
which it relates.
 The P I M C minutes of the meeting has to be submitted for availing
each instalment as per prescribed format (Annexure-IX)
 shall meet quarterly
 comprehensive report to NABARD, along with the claim -
3,6,12,18,24,30 & 36 months
Misc  The duration of the project will be three years.
 The assistance has been sanctioned to meet the items of expenditures
specified in Part C of Annexure-I.
 In the event of the agency availing grant assistance from any other agency
for the same items of expenditure under the project, NABARD's assistance
will be reduced to that extent.
 POPI may give an undertaking for proper utilisation of the assistance
received from NABARD . Where the assistance received from NABARD has
not been utilised for the purpose for which it was released and no
satisfactory explanation is forthcoming, NABARD will recall the entire
amount of grant at once, along with interest, if any, leviable on the same.
 POPI may execute an agreement in the format prescribed (Annexure II)
 Separate accounts showing details of expenditure incurred for
approved items for which assistance has been extended by NABARD, may
be maintained by the recipients in respect of each FPO and retain all
original vouchers and receipts for verification by NABARD.
 The assistance will be released in suitable instalments as per the schedule
given in Part-D of Annexure-I.
 NABARD shall have the right to access the books of accounts of
institutions/individuals to be provided assistance under the Fund.
 Apart from the above, NABARD may prescribe any specific terms &
conditions that it may deem necessary
 Annexure-IV
Special Terms and Conditions (STC) applicable to the Project
ICT Di gital Monitoring of FPOs: The static and dynamic data of FPO and its shareholder
members has to be captured by the concerned POPI/PO on NABARD's PO portal on a regular
basis for the purpose of digital monitoring and generating appropriate MIS. Release of grant
assistance will be subject to uploading of correct & complete data on the web Portal .
Misc. The work shall be executed in accordance with the physical and financial programme
approved and any other conditions stipulated by NABARD at the time of sanction of
the project.
The project shall be implemented in close participation with local community
The POPI shall maintain suitable qualified and adequately trained staff for implementing the
project.
Any upward revision in the project cost will have to be borne by POPI.
The grant assistance shall be utilized for only those activities which have been considered
by NABARD while sanctioning the project.
To qualify for release of instalments of grant assistance, the deliverables as indicated in
Part D of Annexure-I may please be kept in view, in this regard . The action plan shall
cover the entire project period with month / quarter-wise break-ups.
The POPI will monitor the project closely and keep NABARD informed of the progress
through constitution of a Project Implementation and Monitoring Committee (PIMC) under
the chairmanship of DDM. Further, POPI has to submit Project Completion Report (PCR) as
per Annexure - XIII at the end of the project period.
All the payment s should be made through banking channel. Cash transactions should
be strictly avoided.
This sanction will be effective on execution of Memorandum of Agreement (MoA)
between the POPI and NABARD as per prescribed proforma (Annexure- II) and execution
of other security documents (Annexure-V, VI, VII & VIII).
NABARD reserves the right to terminate the sanction and seek compensation , if the
work at any stage is not found satisfactory.

History of Kumdumbam – Application for POPI

Application dated 13.05.2020

Dated 13.02.2021 furnished additional information and clarification sought by NABARD
Sanction Letter No. NB.TN RO.FSDD/CHN-PODF-ID-FPO-64/KUDUMBAM/2020-21
dated 31 MARCH 2021
The terms and conditions contained in sanction letter No. NB.TN RO.FSDD/CHN-PODF-ID-
FPO-64/KUDUMBAM/2020-21 dated 31 MARCH 2021 along with the STC specific to Grant
assistance to the POPI , GTC applicable to Grant provided under NABARD's PODF ID Account
as applicable from time to time (collectively “Sanction Letter”, which term shall include all
amendments, variations, modifications and supplemental thereto).
This Agreement will become effective immediately on the date of its signing.
COUNTERPARTS

This Agreement may be executed in any number of counterparts and by the Parties hereto
on separate counterparts, each of which when so executed and delivered shall be effective
for purposes of binding the Parties hereto, but all of which shall together constitute one and
the same instrument.
Tenure Tenure of the Agreement: The tenure of the Agreement shall be co-terminus with the
Project/programme period, unless mutually agreed otherwise by the Parties in writing.
Grant Assistance Rs.8,90,000/- (REPEES EIGHT LAKHS NINTY THOUSAND ONLY)
NABARD has agreed to sanction grant assistance for an amount not exceeding RS. 8,90,000
(RUPESS EIGHT LAKHS NINTY THOUSAND ONLY) to the POPI. NABARD will route the grant
assistance (“Grant”) for the sanctioned project directly/through the RO concerned as per the
Operational Guidelines.
Release of Grant: The Grant will be released in the manner mentioned in the Part-D of
Annexure-I of the sanction letter.
The POPI shall ensure that the Grant received from NABARD under this Agreement shall be
utilized solely for the purpose for which these are given and for no other purpose and shall
provide certificate of utilization in respect thereof.
POPI will ensure timely completion of all the activities with required quality deliverables
within the overall approved budget for each intervention. Where the assistance received
from NABARD has not been utilized for the purposes, for which it was sanctioned/released
and no satisfactory explanation is forthcoming, NABARD will recall the entire amount of
grant at once along with applicable interest rate from the date of
non-utilisation/misutilisation till the date of payment.
POPI will ensure that detailed stage-wise completion report is submitted along with each
release request.
Financial assistance will be released to the POPI, after completion of each stage of activity as
indicated in Annexure-I to NABARD Sanction Letter No. NB.TN RO.FSDD/CHN-PODF-ID-FPO-
64/KUDUMBAM/2020-21 dated 31 MARCH 2021.
POPI will be required to submit a Utilization Certificate as per Annexure VII of sanction
letter, in respect of funds released earlier, for processing of release proposal from second
instalment onwards.
The grant assistance shall not be utilised for any illegal, unlawful or immoral purposes or
activities at any time.
Mobilization The POPI will identify potential groups/farmer clusters such as successful watersheds, wadi
projects and their Federations, Farmers Clubs, Farmers' Cooperatives, Self Help Groups,
Joint Liability Groups, Farmers Interest Groups or their federations, etc. and define
appropriate geographies to form FPOs. As far as possible the interest groups which have
already been financed by a bank branch, may be considered for federating into one FPO.
Thereafter, the POPI will focus on social mobilisation, awareness creation and motivating
them to form FPO.
POPI will mobilize at least 100 farmer members under each FPO initially required for
economy of scale as envisaged in the proposal for formation/registration of Farmer
Producers Organizations (FPOs). POPI will facilitate gradually increasing the membership
over two years period to an optimal size (say, 500-1000 members) required for sustaining
the business of FPO.
Base Line Survey The POPI will conduct a baseline survey for bench marking, Training Need Assessment of the
producers, assessing infrastructure requirements, market intervention and other support
facilities/linkages necessary for the success of FPO. This will be followed by designing and
organising capacity building programmes, preparation of business development plan for the
FPOs, establishment and registration under appropriate Act, facilitation in credit and market
linkages and extending hand-holding support towards maturity for a minimum period of 02
years.
Geographical POPI will select blocks and villages for FPO promotion in consultation with the local
administration, State Govt., NABARD Regional Office and RSA.
(PIMC) - Project POPI shall constitute a Project Implementation and Monitoring Committee (PIMC) consisting
Implementation and Monitoring of DDM, LDM, representative(s) of line depts., POPI & FPO representatives. The PIMC shall
Committee meet quarterly to review the progress, guide the project execution and make
recommendation for release of grant to POPI/FPO. The minutes of the meeting has to be
submitted for availing each installment (Annexure-V).
NABARD may form an internal or external committee for reviewing the performance of the
project and/or POPI and reserves the right to suspend or terminate the funding under this
Agreement, in case of irregularities or unsatisfactory performance. The POPI shall extend
necessary co-operation and make available records/documents as required by the
monitoring team.
Compliances POPI shall ensure registration of FPO in the relevant Act within 6 months of date of sanction
of grant assistance.
POPI shall have to comply with any specific term and condition that NABARD may prescribe
apart from those stated above, as may be considered necessary.
The POPI hereby confirms the correctness of each and every statement and particulars
 furnished to NABARD in connection with receiving support under the Fund for this
project/programme/purpose.
The POPI shall at all times comply with all the terms and conditions of this Agreement to the
complete satisfaction of NABARD;
The POPI shall at all times comply with the Applicable Law and all guidelines prescribed by
the Government Authority which may be applicable to the POPI. The POPI shall not obtain
any financial assistance from any other person/institutions with respect to the project
without the prior approval of NABARD;
The POPI shall pay all penalties, charges and Taxes as maybe levied from time to time by any
Government Authority or in accordance with the Applicable Law pertaining to or in respect
of the Grant and Grant related transactions.
Convergence In the event of POPI availing assistance from any other agency for any activity of the same
project, NABARD’s assistance will be reduced to that extent. Further, prior permission from
NABARD is to be obtained for the same.
POPI shall explore convergence of interventions with the existing scheme of State/Central
Govt./other stakeholders and bring required synergy through effective coordination.
Staff POPI will deploy experienced and qualified manpower for the said task, which may be
supervised and guided by a dedicated staff of POPI.
All staff engaged during the project period will be contracted by POPI and will not have any
claim whatsoever on NABARD.
PODF “Acccount” shall mean “PODF ID Account” established with/in NABARD for attaining
agriculture and rural developmental objectives OR Corporate Social Responsibility Funds
converged in NABARD by various Corporate Bodies.
Applicable Laws “Applicable Laws” shall mean any statute, law, regulation, ordinance, rule, judgment, rule of
law, order, decree, approval, directive, guideline, policy, requirement, or other
governmental restriction or any similar form of decision, or determination by, or any
interpretation or administration of any of the foregoing by, any statutory or regulatory
authority whether in effect as on the date of this Agreement or thereafter and in each case
as amended.
Government “Government Authority” shall mean any governmental department, commission, board,
bureau, regulatory authority, instrumentality, court or other judicial or administrative body,
Authority central, state, provincial or local having jurisdiction over the subject matter or matters in
question.
Key- Person “Key- Person” shall mean the most critical person, associated with the Programme/Project
and/or POPI, so identified by NABARD. The Key Person shall be the incubator for the
Project/Programme.
Indemnity - The Key Person of the POPI shall submit an undertaking in the format provided
in the sanction letter.
Project/Programme “Project/Programme” shall have the meaning ascribed to it in the Part A of Annexure-I of
the sanction letter.
Material Adverse “Material Adverse Effect” shall mean any change having material adverse effect as
determined by NABARD on (i) the carrying of the POPI’s business and operations, (ii) the
Effect ability of the POPI to observe and perform in a timely manner its obligations under the
Agreements or any other documents to which it is or would be a party, or (iii) the legality,
validity, binding nature and enforceability of Agreements or any other documents to which
it is or would be a party.
If NABARD has any suggestions of its own on any problems/areas in which further action
needs to be undertaken, it will communicate the same to the POPI and they shall accord first
priority to such communications. The POPI shall submit compliance on NABARD’s
suggestions within a mutually agreed reasonable time.
There are no facts or circumstances, conditions or occurrences, which could collectively or
otherwise be expected to result in Material Adverse Effect to be subject to any restrictions
on its use, implementation, operation, management, or transferability under any Applicable
Law
POPI “POPI” shall mean the Project Implementing POPI/Project facilitating
POPI/ChannelPartners/Non-governmental Organisation /Individuals /Group of individuals or
any other Beneficiary to whom the Grant has been sanctioned for implementing/meeting
the project/programme deliverables.
The POPI shall acknowledge financial support from NABARD.
Suitable sign-boards displaying “Project supported under NABARD assistance” (name of the
Project) assisted by NABARD” along with name of the village(s) covered and name of the
implementing POPI, shall be displayed at a prominent place(s) of the project site. Suitable
 board acknowledging NABARD support for the project shall also be displayed while
organizing publicity campaigns and printing of publicity/documentation
material/banners/posters, study reports, success stories, PCRs etc., and in the reading
material of all the training programmes being conducted under the project.
POPI will work under the overall supervision and guidance of NABARD and shall perform
such activities as mentioned in the Operational Guidelines of the Fund.
POPI will ensure that the FPO promotion work is undertaken within the broad objectives/
framework of the operational guidelines issued by NABARD/process guidelines issued by the
Ministry of Agriculture, Govt. of India.
POPI shall not sub-contract the work assigned to it to any other institution/entity.
It is eligible to contract and avail Grant from NABARD, and shall duly intimate NABARD, in
case of any change or inability in the contracting status;

There is no litigation, action, suit, investigation, claim, complaint, or other proceedings

before any domestic/foreign court, tribunal or Government Authority, that has been
initiated and/or pending, or has been threatened and the POPI has been put to notice
thereof, against the POPI , or in connection with the Project or which questions the legality,
validity, or binding effect of any provision of this Agreement and/or any other documents
contemplated hereby or thereby and the transactions contemplated hereby or thereby.

NABARD shall not be held liable for any present or future religious, political or other
affiliations of the POPI.

NABARD shall not be held liable for any financial, non- financial commitments or any other
commitments made by the POPI to third parties which are not approved by NABARD or
which do not form a part of the project/programme as narrated in the Schedule to this
agreement.

ASSIGNMENT

The rights and interests of the POPI hereto shall not be transferred or assigned without the
prior consent of NABARD in writing and any transfer or assignment without the consent of
NABARD shall not be binding.

However NABARD shall have right to terminate any time, the agreement with the POPI for
implementation of the project if it is found that the project deliverables/progress of the
project is not as envisaged in the sanction letter and assign the implementation of the
project to a new POPI.
AMENDMENTS No amendment, supplement, modification or clarification to this Agreement shall be valid or
binding unless set forth in writing and duly executed by NABARD and POPI.
Reporting MIS The POPI shall send every month/quarter/half-year/year, a progress report of the work
done. The frequency of the submission of the progress report shall be governed by the
General terms and Conditions applicable to Grants Fund provided under NABARD's PODF ID
Account.
POPI shall submit monthly progress report to NABARD Regional Office before 5 th of the
succeeding month as per Annexure IV.
POPI will submit all such information and data as required for the periodic monitoring of the
project by NABARD/its representatives.
SL “SL” shall mean Sanction letter issued to POPI for the Grant assistance.
STC “STC” shall mean Special Terms and Conditions specific to Grant assistance to the
Project/Programme.
GTC “GTC” shall mean General terms and Conditions applicable to Grants provided under
NABARD's PODF ID A/c Fund.
Reference means Any reference in this Agreement, to this Agreement or any other agreement or document
shall be construed, without limitation, as a reference to this Agreement or, as the case may
be, such other agreement or document, in each case as the same may have been, or may
from time to time be, amended, varied, novated, acceded to or supplemented and any
reference to any statutory provision shall include such provision and any regulations made
thereunder and any statutory re-enactment, modification or replacement thereof;
Disagreement or In the event of any disagreement or dispute between NABARD and the POPI regarding the
materiality of any matter including of any event, occurrence, circumstance, change, fact,
Dispute
 information, document, authorization, proceeding, act, omission, claims, breach, default or
otherwise, the opinion of NABARD as to the materiality of any of the foregoing shall be final
and binding on the POPI;
Business Day Unless otherwise specified, whenever any payment to be made or action to be taken under
this Agreement, is required to be made or taken on a day other than a Business Day, such
payment shall be made or action be taken on the immediately preceding Business Day.
Misutilization In the event of misutilization of the financial assistance/violation of terms and conditions
and deviation in pattern of utilisation, NABARD shall have the right to recall the amount of
financial assistance already released and shall stop further release of funds, in addition to
taking such action as it deems fit like legal recourse, blacklisting the POPI with other
funding/Govt. Agencies, etc.
Audit NABARD shall have the right to access the books of accounts of the
institutions/agencies/individuals to be provided with assistance under the Fund. The
accounts will be got audited by the POPI through an outside auditor annually and the audit
report will be presented to NABARD within 180 days of the close of books in March.
The POPI shall ensure that separate accounts are maintained in respect of the Grant
received from NABARD under this Agreement.
POPI will maintain detailed account of expenditure of all approved items in respect of each
FPO separately and retain all original vouchers and receipts for verification by NABARD.
R & D and Surveys The POPI shall not publish reports/research findings/results without written permission from
NABARD. Further, NABARD shall have the right to use the same for its internal use for
training, publicity, etc., after duly acknowledging the source(s).
Where the results of research for studies assisted by NABARD lead to obtaining of patent,
other forms of intellectual property rights or commercial exploitation in any form, the POPI
shall share the gains made by the POPI with NABARD. The quantum payable to NABARD out
of such gains shall be mutually decided and shall not be less than 50%.
The POPI will keep NABARD informed about the commercial exploitation/patent/other
intellectual property rights and know- how which is an outcome of research/ innovations
under the programme/project and shall agree to share from the gains, with NABARD as may
be mutually decided, which shall not be less than 50 % of the gain/profits.
POPI may undertake to document its experience during the course of implementation of the
project and submit to NABARD Regional Office for information/record.

TERMINATION This Agreement may be terminated by one Party after giving a two months’ notice to the
other Party.
NABARD shall have the right to terminate this Agreement and/or to recall the Grant amount
and other charges or any part of the same, with immediate effect, in the event the POPI
commits an Event of breach or Default of terms and conditions of sanction. The POPI shall
be deemed to have committed an act of default on the happening of inter-alia, any one or
more of the following events (hereinafter referred to as “Event of Default”):
The POPI commits breach or default of any of the terms and conditions and/or covenants
herein or any misrepresentation to NABARD; or
The POPI fails to furnish any information or documents that may be required by NABARD; or
The POPI is utilising the Grant or any part thereof for a purpose other than the purpose for
which the Grant has been sanctioned; or
If the POPI commits an act of insolvency or makes an application for declaring himself and
insolvent or an order is passed against the POPI declaring him as an insolvent; or
There exists any other circumstance, which, in the sole opinion of NABARD, jeopardizes
NABARD’s interests.
The decision that the POPI has committed breach of any of the terms and conditions of this
Agreement/sanction letter/Operational Guidelines shall be taken by NABARD and the same
shall be conclusive, final and binding on POPI.
The Parties shall continue to fulfill their obligations from date of notice till the Agreement is
conclusively terminated.
 Notwithstanding anything stated herein above in clause (8.1), (8.2), (8.3) and (8.4) NABARD
shall have the right to terminate this Agreement, with immediate effect, in the event of
change of policy of Government of India/directive of Government of India having effect on
the availability of the Fund for disbursing the Grant. NABARD shall stop further disbursal of
Grant sanctioned under Project/Programme. In such an event, NABARD shall not be liable
for any loss, damage or expenses either immediate or remote, that may be caused to the
POPI or Third party on account of consequent loss due to non-completion of the aforesaid
Project/Programme.

INDEMNITY The POPI shall indemnify NABARD against all claims in respect of intellectual rights, or other
protected rights in respect of innovations used for or any other material in connection with
the works or temporary works and from against all claims, demands proceedings, damages,
costs, charges and expenses whatsoever in respect thereof from 3 rd party or in relation
thereto in the implementation of the project sanctioned. The POPI shall defend all actions
arising from such claims, before any such infringement and receive NABARD‘s permission to
proceed, and shall itself pay all royalties, damages, costs and charges of all and every sort
that may be legally incurred in respect thereof. The POPI shall also indemnify NABARD
against damages, loss or other claims caused due to the negligence, omission or
commission, of its employees, contractors or agent.
The Key Person of the POPI shall submit an undertaking in the format provided in the
sanction letter.
JURISDICTION This Agreement will be governed by and construed in accordance with the laws of India and
shall be subject to the jurisdiction of the courts at Mumbai.

SEVERABILITY

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction

shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability
but shall not invalidate the remaining provisions of this Agreement or affect such provision
in any other jurisdiction.

SURVIVAL

This Agreement shall be in force until all the dues payable under the Agreement have been
fully and irrevocably paid in accordance with the terms and provisions hereof.
Social Impact ENVIRONMENT AND SOCIAL POLICY AND GENDER EQUALITY

The POPI agrees that it would endeavor to follow principles of sustainable development to
prevent negative impact on environment and society keeping in view the norms and
regulations stipulated by Government of India or its representatives from time to time.

The POPI agrees that it would endeavor to enhance women’s participation and thereby
reduce gender disparities and also endeavor to promote awareness and knowledge among
its staff and sensitize them to gender issues relating to its business and functioning.
NOTICES All the notices under this Agreement will be given in writing to the other party and delivered
either personally, by registered mail, international air courier, facsimile, email
correspondence or the equivalent. Notices will be effective when received as indicated on
the registered mail, or other delivery receipt. The notices shall be marked to the following: