AGREEMENT
This Agreement made at Nashik this 1st …………………. 2000 between M/s.
………………………………… Company incorporated under Companies Act. 1956 and
having its registered office situated at ……………, M. I. D. C., Nashik (hereinafter
referred to as “The Company”) which expression shall unless repugnant to the
meaning or context thereof includes its successor, and assigns) of Party – I
and
M/s…………………………………………(hereinafter referred to as “ The Agency”) having
its registered office at………………………………………………………………………….. of the
Party – II
WHEREAS ……………………………………………… has put forward certain proposals
with respect to security arrangement in respect of Company’s said Plant and said
establishments also subject to the Understanding that the parties will enter into a
regular agreement the terms & conditions thereof.
Now it is hereby agreed by and between the parties here to as follows;
1. This Agreement applicable for ……….. and …………………… Plant.
2. The Agency shall provide security services round the clock without any
interruption.
3. Number of security personnel to be provided by the Agency and their shift wise
arrangements shall be decided in consultation with the company. The total
strength agreed from time to time shall be maintained daily and The Agency
shall make arrangements to provide reliever in case of absenteeism of any of
its personnel. In accordance with this, the Agency shall provide competent
Security staff:
4. The broad duties of security guards provide by the Agency under this contract
shall be as under:
a) To check all incoming & outgoing consignment and to introduce a system
whereby pilferages & chances of committing theft don’t arise at all.
b) To maintain all records required for security purposes at main gate and also of
the incoming & outgoing materials, goods, etc.
c) Discipline, Training and duty allocation of all the security staff
d) Prevention of theft, burglary.
e) Liaison with local police authority etc.
f) Fire fighting & training of all security staff or and within the companies
aforesaid premises.
g) Any other work assigned from time to time by the company pertaining to
security of the company’s aforesaid premise and / or security services
undertaken by the Agency under this contract.
h) To maintain challans, gate pass and / or any other documents as per
company’s direction from time to time in that behalf.
5. a) For the service rendered by the Agency and its men as stipulated herein the
company would pay every month to the Agency amount as shown in Annexure
I.
b) The Agency shall comply with all Security board regulation and enactment
pertaining to workmen and labour that may already in force or may come into
force. Hereinafter and shall perform and fulfill all the obligation, duties and
liabilities including those relating to payment of wages and grant of leave and
holidays, coverage’s under all relevant legislation including Minimum Wage
Act of 1946.ESIC Act 1948 The same will be reimbursed by the company.
6. The security man selected and detailed by the Agency should be trained
personnel, disciplined courteous , police verified, resourceful , healthy and
trustworthy and with unblemished background and records. They should also
able to read and write and communicate properly. They should be smart
looking and wear security uniform and shoes and cap provided by the Agency.
7. The Agency would provide the security staff with security uniform and
necessary equipment like Whistles, Rain – Coats, Lathi etc to enable them to
perform their duty. Stationery like battery cells, torches and registers will be
provided by the company.
8. None of the Agencies men will reside inside the company’s premises.
9. For the purpose of enabling the Agency effectively carry on its obligation under
this agreement, the personnel deployed by its shall be entitled to enter upon
the said premises .However, it is understood by the parties that such entry
shall be for the limited purpose of carrying out the obligations under this
agreement and shall not create any right in favors of the Agency by way of
tenancy, easement or otherwise. The Agency will submit bills to the company
before 1st of the every month (for the previous month ) & the company will
make the payment up to 15th of the said month .In the case the service tax is
increased company will pay the addition tax.
10. All statutory deduction like TDS and other deduction that may required to be
made and any other statutory provision enacted by the Government and
applicable to the contract will be paid to the party – II
11. The Agency will give separate quotation for six monthly increase of dearness
allowance or any other increases made by security board. The company will
give the increase in bill amount from the effective date, and same will be paid
to the security staff.
12. It is expressly agreed that this contract is purely a security contract on
“Principal to Principal” basis and does not in any way create a relationship of
Master & Servant between the company and the Agency or any of their
employees. It is expressly made clear that the security agency shall be the
employer of its security guards and selection of guards for employment shall be
the discretion and responsibility of the security agency. Allocation of work,
supervision and control of security guards work shall be the sole responsibility
of the security agency.
13. All disputes and differences arising out of this agreement, its application and
arbitration in accordance with Arbitration Act 1940 and no party shall initiate
any suit or legal proceedings in respect of such disputes or differences without
resources to such arbitrations.
14. Only Court at Nashik have jurisdiction in respect of any disputes or differences
concerning the agreement.
15. This agreement shall come into force with effect from 00/00/0000 and shall
remain in force for three year unless it is terminated earlier in accordance with
the provisions contained herein. The agreement can be terminated by either
party by giving one month notice for termination of agreement .If any party
wish to terminate the contract without one month notice then one month bill
amount should be paid to opposite party by the terminating party. On expiry of
the aforesaid period the agreement shall stand automatically terminated unless
specifically renewed for any further period as may be mutually agreed upon by
the parties.
IN WITNESS WHEREOF the parties have executed these presents the day and year
first above written.
Signed behalf of the within named
M/S. ……………………………………….
Of the FIRST PART by the hands of its
MANAGER
In presence of:
1._____________________________
2._____________________________
Signed, sealed & delivered on behalf
of M/S. ………………………………………………, by
Mr. ……………………………………….…….…, the Proprietor
In presence of:
1. _____________________________
2. _____________________________