AGREEMENT

This agreement is made on 1st day of December 2023, between A.C Polycoaters pvt.
Ltd. Address Plot no 5,6 ,19 20 Street no . SA & L Sector -7A Model Ecomic
Township Yakubpur Jhajjar-Haryana (12503), here in after, called the Principal
Employer the First Part)
And
M/s SOMATRA ENTERPRISES , through its Proprietor SUNIL KUMAR Nehru
Colony Jind Bye Pass Chowk Rohtak, Haryana, (124001) Second Party hereinafter
called Contractor, the Second Part.

Whereas the Principal Employer (First Party) is agree to award the contract for supply
of labour (Unskilled, semi skilled and skilled) for Loading Unloading, Shifting,
Segregating of Raw Material, In processed material, Finished Goods and other General
store related material and Packing material, Job of Housekeeping, Cleaning of material,
Sorting of in process and Finished material etc. to the Contractor (Second Party) on the
following terms & conditions:-

1. That this agreement will be for a period of Three year effective from 01/12/2023 to
01/12/2024. However, this agreement can be renewed further by mutual written
consent of both the parties.
2. That the contractor will make available/supply the requisite manpower as per contract
terms to the principal employer on day to day basis.

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3. That the contractor will ensure the availability of man power as per shift requirement.
4. That the man power supplied by the contractor must be of sound health, free from all
legal matters and must have good moral character
5. That the Contractor will provide all the necessary documents as per our Checklist
(Including KYC) of new employee at the time of joining or before Joining.
6. That the contactor will be responsible for all type of legal compliances, Records,
Documents, Licenses & Returns/ Challans related to all applicable Acts (The
Payment of Wages Act, 1936, The Minimum Wages Act, 1948, The Employees
Provident Fund & Miscellaneous provisions Act, 1952, The Employees State
Insurance Act, 1948, The Workmen Compensation Act, 1923, The Contract Labor
(Regulation & Abolition) Act, 1970, Labour Welfare Act and other Labour Laws as
applicable or amended and various statutory guidelines issued by the concerned
Government from time to time.
7. That the Contractor will obtain the Legal License and maintain all the Legal registers
and formats as applicable under different labour laws. In case of any
shortcoming/default in maintenance of License, Registers & formats by the
Contractor, Principal Employer will not be responsible and any penalty imposed by
Govt. authorities shall be liability of the Contractor.
8. That the contractor will provide the services of his employee as per the requirement
of the principal. The contractor or his representative will be present in the Factory on
all working days and would make himself readily available to ensure & fulfill
availability of manpower as per the requirements and attend to any matter, dispute or
complaint arising out of the services being rendered by him under this contract.
9. That the Contractor will ensure at its own opening of bank account of all its
employees as mode of salary/wages disbursement will be exclusively through bank
transfer only.
10. That the Contractor will complete KYCs for EPF, TIC for ESI and all the other paper
formalities of the employees and Principal Employer will not be responsible for any
non/delayed completion of such formalities.
11. That the Contractor will raise the bill on or before 2 nd of every month and submit it to
HR department along with proof of deposit of Monthly Govt. dues ( EPF, ESI &
GST) for the previous wage month.
12. That the Company shall effect the complete verifications of the bills submitted by the
Contractor, through the competent person authorized by the Company. The Company
shall have all rights to make adjustments from the bills in respect of the amounts due
to it from the contractor of any kind whatsoever.
13. That the Company shall pay to the Contractor the amount of duly verified and
approved bill after the deduction of Income Tax at source at the rate as applicable
under the Income Tax Act.
14. That the Principal Employer will make the payment of bill, Every month if all the
proofs of deposit of EPF, ESI, LWF & GST of previous month are received and
found in order. In case any of the above statutory dues are pending for deposit,
Company will release payment of salary & Wages part only. Balance payment will
be released after receipt of proof of deposit of all the above statutory dues.
15. After disbursement of Salary the contractor will provide the details of transfer of
salary to individual employee bank accounts with the copy of Bank Statement of his
own account showing the debit entry of amount transferred to employees.

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16. That once the amount of Salary/Overtime paid to the Contractor for onward payment
to the employees, Contractor will be under obligation for timely payment of Salary/
Overtime to the employees and Principal Employer shall not be liable for non/delayed
payment by Contractor to the employees.
17. Where this salary could not be disbursed through bank accounts for any reason,
Salary shall be disbursed in presence of representative of principal employer &
Contractor will submit attested copy of the sheet showing disbursement in cash with
revenue receipt duly cross signed by the employee on or before 7 th of each month.
However such cases should be kept on bare minimum level and for new joiner
employees only.
18. That the grievances of contractual employees in relation to Govt. Dept. like EPF,
ESIC, Labour or any other will be taken care by the contractor and Principal
Employer will not bear/own any liability in case of non/late/wrong deposit of
statutory amounts by the contractor or any other grievances due to mismatch of KYC
or withdrawal of PF of its employees.
19. Contractor shall ensure overall compliance with the tax laws including GST laws and
rules prescribed thereunder and shall be solely responsible to pay the GST or any
other applicable taxes for the supply of Employees/Labour required by Principal
Employer. Contractor agrees that based on the Invoices raised by Contractor, the
Principal Employer shall claim GST input tax Credit and in case GST input tax Credit
of the Principal Employer is denied/ rejected by the tax authorities due to
wrong/incorrect invoices issued by Contractor, and non-payment of GST collected
from the Principal Employer to the authorities; Contractor shall be liable to pay/
refund the amount collected as GST to the Principal Employer along with interest and
penalties, if any imposed by the authorities. In case any credit, refund or other benefit
is denied or delayed to the Principal Contractor due to any non-compliance by
Contractor (such as failure to upload the details of the sale on GSTN portal, failure to
pay GST to the Government etc.) or due to non-furnishing or furnishing of incorrect
or incomplete documents by Contractor, Contractor shall indemnify the Principal
Employer for the loss.
20. The Contractor hereby agrees to indemnify and hold harmless the Principal Employer
from and against any and all losses, including loss on account of Input Tax Credit and
all losses incurred by the Principal Employer relating to or arising out of or in
connection with any actual or threatened claim, legal action, proceedings, prosecution
or inquiry by or against the Principal Employer arising out, directly or indirectly, of
failure by the Contractor to comply with the provisions of GST and related laws, or
based upon or arising from any failure by the Contractor (i) to timely pay any Tax due
and payable thereby (ii) to timely file any Tax Return, (iii) to comply with any
applicable Law relating to Taxes, as the Contractor may be, or may have been,
required by applicable law.
21. That the Principal Employer shall pay the Service Charges on monthly wage Bill
(i.e. Gross Wages + OT) Including Overtime/Extra duty, PF, ESIC, LWF & GST
amount, as per detailed in Annexure-1 attached with this Agreement. This agreement
shall be read along with the Annexure-1 only and this Annexure shall remain the part
and parcel of the Agreement. The service charges remain same on Extra duty/ over
time. The Contractor shall attach with the bill all relevant documents such as
attendance sheet of workers for the related month, payment, copies of challans for
having deposited PF, ESI and GST dues for the previous month for having deposited
PF, ESI and Service Tax dues for the previous month.

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22. That the employee employed by the Contractor shall be subjected to Security check-
up at the time of entrance and leaving the factory. During the working hours, they
could be physically searched by the Security at gate.
23. That the contractor will make proper accounting of all the material (Equipment,
tools,) issued from the principal employer for use in day to day working. It will be the
duty of Contractor that such goods will be returned to principal employer in good
conditions as provided .
24. That the contractor will not acquire any right whatsoever to portion of the premises
occupied by him for the execution of the contract and deliver its vacant & peaceful
possession to the principal or his authorized representative on the expiry of the
contract or termination or revocation of the contract.
25. That the contractor will ensure that his employees shall follow general safety
directions for the execution of assigned work.
26. That on completion/Expiry of the contract period as mentioned above, the contractor
will withdraw all his workmen & clear their accounts by paying them the legal dues
as required under the provisions of Industrial Disputes Act, 1947 or any other
applicable law. In case any dispute arises on account of termination of employment
or new employment of his employee, it will be the contractor’s sole responsibility to
pay to his employee all the legal dues as ordered by the competent authority/court and
Principal Employer will not be any party in it.
27. That this Agreement may be terminated by either party by giving one month’s notice
in writing to the other party.
28. That the contract can be terminated without any notice in case of the contractor
involve any type of Fraud, Misconduct; or did any default in making legal
compliances.The contractor will also ensure that his employees/workmen do not
indulge in any undesirable or unhealthy activities detrimental to the interest /
reputation / goodwill of the Principal Employer.
29. That in case of any dispute or differences arising out this deed of contract then the
same shall be referred to the arbitration under the relevant Act.
30. That in case of any dispute or differences arising out this deed of contract then the
same shall be referred to the arbitration under the relevant Act.

That the jurisdiction of Rohtak Court will be applicable for any further litigation.

WITNESS

1. Signature For M/s. A.C Polycoaters Pvt. Ltd.

Name

Address
First Party

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2. Signature

Name For M/s. SOMATRA ENTERPRISES

Address
Second Party (Sunil Kumar)
Propietor

ANNEXURE-1

Efficiency Service Charge

1) Service Charge - 7.0%