Annexure-V ODISHA STATE CIVIL SUPPLIES CORPORATION LIMITED DISTRICTAGREEMENT WITH HANDLING & TRANSPORT CONTRACTOR FOR TRANSPORATATION OF FOODGRAINS FROM FOOD STORAGE DEPOT, FCI, SUGAR ZONAL DEPOT & BASE RRC TO RICE RECEIVING CENTRE-CUMDEPARTMENTAL STORAGE CENTRE (RRC-CUM-DSC)

(LEVEL-I) MEMORANDUM OF AGREEMENT made this ____ day of ________2012. BETWEEN Odisha State Civil Supplies Corporation Limited, a company registered under Indian Companies Act, 1956 having its registered Office at C-2, Nayapalli, Bhubaneswar (hereinafter called “the Corporation”) represented through its District Manager, __________ which expression shall mean & include where the context so admits by successors in office & assigns of the one part. AND M/s____________________ represented through _____________________ At___________________P.O.__________________P.S._____________________

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

Dist-________________________ hereinafter called “The Handling & Transport Contractor” which expressions shall mean & include where the context so admits his/ her heirs, executors, administrators, successors & legal representative of the other part. Whereas the Corporation intends to appoint Handling & Transport Contractor (H & T Contractor) for transportation of Foodgrains from Food Storage Depot, FCI, Sugar Zonal Depot & Base RRC to Rice Receiving Centre-cum-Departmental Storage Centre (RRC-cum-DSC). Whereas the second party selected in the tender process has agreed to undertake the work of handling and transportation of Foodgrains as specified in the tender documents/tender call notice dt.______ and to provide the services at ____________________ RRC-cum-DSC. Now these present witness & the parties hereto hereby mutually agreed as follows: I.

Definitions: i.

The term 'Contract' shall mean and include the notice inviting Tender, the invitation to Tender, incorporating the instruction to Tender, the Tender documents, its Annexures and schedules, acceptance of Tender, agreement and such general and special conditions as may be added to it as & when required.

ii.

The term 'Tenderer' shall mean and include the person or persons, family, firm or company with whom the contract has been made including their heirs, executors, administrators, successors and their Authorized Person, as the case may be.

iii.

The terms ‘Corporation’ & ‘OSCSC Ltd.’, shall mean the Odisha State Civil Supplies Corporation Limited established under Indian companies Act 1956 and shall include its District Manager and its successor or successors and any Authorized Person to act for the District Manager for any specified work.

iv.

The term ‘Managing Director’ shall mean the Managing Director of the Corporation or any authorized officer to act on his behalf for a specific work.

v.

The term ‘District’ shall mean the revenue district of Odisha.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

vi.

The terms ‘District Tender Committee’ shall mean the Committee formed as such by the Collector of the district for opening of tender and finalization of H&T Contractor and to take decision on all the related matters.

vii.

The term District Manager' shall mean the District Manager of the Corporation, working in Revenue District or any authorized officer to act on his behalf for a specific work.

viii.

The term "Govt." shall mean Govt. in Food Supplies & Consumer Welfare Department of Govt. of Odisha, Bhubaneswar.

ix.

The term ‘ULB’ shall mean & include all the NACs, Municipalities & Municipal Corporations declared as such by Govt. of Odisha.

x.

The term ‘Family’ shall mean husband/wife, unmarried sons/daughters, married son living in the same mess (including adopted children) & dependent parents.

xi.

The term ‘Rice’ shall mean and include the custom milled rice or rice packed by custom miller in 50 kg. jute gunny bags after milling of the paddy received from the Corporation or rice lifted from the Food Corporation of India.

xii.

The term ‘Sugar’ shall mean and include the sugar packed in 50 kg. / 100 kg. HDPP bag or jute gunny bag.

xiii.

The term ‘Wheat’ shall mean and include the wheat packed in 50 kg. / 100 kg. HDPP bag or jute gunny bags.

xiv.

The term ‘Foodgrains’ for this contract shall mean and include Rice, Wheat, Sugar, Dal, Edible Oil, Salt, Potato & Onion or any other packaged commodity as decided by the Corporation/ District Tender Committee packed in 50 kg. / 100 kg. HDPP bag or jute gunny bag or in packet of any weight.

xv.

The term ‘FSD, FCI’ shall mean the Food Storage Depot of the Food Corporation of India, from where rice and wheat shall be transported to RRCcum-DSC.

xvi.

The term ‘Sugar Zonal Depot’ shall mean the Zonal Depot in operation by the Corporation from where sugar shall be transported to RRC-cum-DSC.

xvii.

The terms ‘Base RRC’, ‘RRC’ shall mean the Rice Receiving Centre in operation by the Corporation or managed through the CWC / OSWC inside the district for which

H & T Contractor shall be appointed as per this tender

from where rice shall be transported to RRC-cum-DSC.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

xviii.

The terms ‘Rice Receiving Centre-cum-Departmental Storage Centre (RRC-cum-DSC)’, ‘Departmental Storage Centres’ shall mean the storage centre run by the Corporation for receipt, storage and delivery of Foodgrains with HDPP bag or jute gunny bag or any other package commodity. This shall include Corporation own godown, hired godown, hired godown managed through CWC/OSWC & godowns of CWC/OSWC under occupation of the Corporation.

xix.

The term ‘Lifting Officer’ shall mean an Officer deputed by the District Manager to lift Foodgrains from Food Storage Depot, FCI, Sugar Zonal Depot & Base RRC.

xx.

a.

The term ‘Level-I Handling & Transport Contractor (H & T

Contractor) \ Contractor’ shall mean & include a contractor appointed by the District Manager for Handling & Transportation of Foodgrains from Food Storage Depot, FCI, Sugar Zonal Depot & Base RRC to Rice Receiving Centre-cum-Departmental Storage Centre (RRC-cum-DSC). b.

The term ‘ Level-II Handling & Transport Contractor (H & T

Contractor) \ Contractor’ shall mean & include a contractor appointed by the District Manager for Handling & Transportation of Foodgrains from Rice Receiving Centre-cum-Departmental Storage Centre (RRC-cum-DSC) to retail centres. xxi.

The term ‘Transport Vehicle’ shall mean a vehicle suitable for transportation of foodgrains. These vehicles shall be 6 wheeler, 10 wheeler & 12 wheeler vehicles. The vehicle ‘Tipper’ & ‘Tractor’ shall not be considered as transport vehicle for this tender purpose.

xxii.

The term ‘Weighment’ shall mean the weighment of Foodgrains in HDPP bag or jute gunny bag either at weighbridge or by using electronic / manual weighing scale.

II.

Parties to the Contract: i.

There are two parties to the contract. They are the H & T Contractor and the O.S.C.S.C. Ltd, represented through its District Manager/ or any other officer authorized and acting on his behalf.

ii.

The person signing the tender or any other documents forming part of the tender, on behalf of any other person or family or a firm or a company shall be

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

deemed to warrant that he has authority to bind such other person or family or the firm or the company as the case may be in such matters pertaining to the contract. If, on enquiry, it is found that the person concerned has no such authority, the O.S.C.S.C. Ltd., represented through the District Manager, may, without prejudice to other civil or criminal remedies, terminate the contract and hold the signatory liable for all costs and damages. iii.

Notice or any other action to be taken on behalf of the O.S.C.S.C. Ltd. may be given/ taken by the District Manager or any other officer so authorized and acting on his behalf.

III. i.

Constitution of Contract: H & T Contractor shall at the time of execution of agreement declare whether they are Sole Proprietary Concern or Registered Partnership Firm or Private Limited Company or a Public Limited Company, Cooperative Society incorporated in India or a Family. The composition of the partnership, names of Directors of Companies or name of the Karta of Family as the case may be, shall also be indicated. Similarly in case of Cooperative Society, the name of Secretary, by-laws, nature of business under taken, and areas of operation shall be indicated. The Contractor shall also nominate a person in whose hands the active management and control of the work relating to the contract during the tenure of contract would lay. The persons so nominated shall be deemed to have Power of Attorney from the contractors in respect of the contract and whose acts shall be binding on the contractor.

ii.

The contractor, during currency of the contract shall not make any change in the constitution of the firm/company without prior approval of the Corporation in writing. The contractor shall notify to the Corporation about the death / resignation of any of their partner / directors immediately on happening of such occurrence. On receipt of such notice, the Corporation shall have the right to terminate the contract, if it deems so fit, unless such intimation contains undertaking by Firm / Company / Proprietor / Partner that the terms of the agreement will be binding on the Firm /Company / Proprietor / Partner through the authorized person duly representing the Firms or Company.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

IV.

Services to be provided by the H & T Contractor Handling & Transport services required to be performed under the contact are as follows.

i.

ii. iii.

The H & T Contractor shall provide the services as per the assigned work of handling & transportation from Food Storage Depot, FCI, Sugar Zonal Depot & Base RRC to Rice Receiving Centre-cum-Departmental Storage Centre (RRC-cum-DSC). Services at Food Storage Depot, FCI: Loading of Foodgrains to vehicle. Services at Sugar Zonal Depot: a) Stack breaking, bringing the stock to weighment place, weighment of stock by electronic / manual weighing scale and loading the stock to vehicle. Or b) Stack breaking, loading the stock to the vehicle and weighment at designated weighbridge.

iv.

Services at Base Rice Receiving Centre: a) Stack breaking, bringing the stock to weighment place, weighment of stock by electronic / manual weighing scale and loading the stock to vehicle. Or b) Stack breaking, loading the stock to the vehicle and weighment at designated weighbridge.

v.

Transportation of stock from Food Storage Depot, FCI, Sugar Zonal Depot, Base RRC to RRC-cum-DSC.

vi.

Services at RRC-cum-DSC: a) Unloading of stock from the vehicle, weighment of stock by electronic / manual weighing scale, stacking inside the godown and delivery to Incharge of the RRC-cum-DSC. Or b) Unloading of stock from the vehicle, weighment of stock in weighbridge, stacking inside the godown and delivery to In-charge of the RRC-cumDSC. The H & T Contractor shall arrange required number of labourers.

vii.

Collection of spillage of Foodgrains at Food Storage Depot, FCI, Sugar Zonal Depot, Base RRC to RRC-cum-DSC, cleaning of stock, bagging as per the standard weight and stiching as per specification for utilization under PDS.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

viii.

The stock of Foodgrains will be in 50 kg / 100 kg bag or in packet of any weight.

ix.

Handling & Transport Contractor has quoted the rates for Handling & Transport

operation being acquainted with prevailing conditions at

Food Storage Depot, FCI, Sugar Zonal Depot, Base RRC and at the Rice Receiving Centre-cum-Departmental Storage Centre of the districts relating

to

matters

such

as

Trucks

union,

requirement

of

vehicle(Heavy,Medium,Light),Labour union, condition of roads, ghat roads, short distance, Handling & Transportation operation within a specified time, number of RRC-cum-DSC to be covered, quantity of stock to be handled and transported, weighment of stock, inaccessible pockets, natural barriers, rates of handling charges of the labourers at Food Storage Depot, FCI, Sugar Zonal Depot, Base RRC, CWC/OSWC Godowns, Godowns of the Corporation, hired godowns

& Godowns

managed through CWC / OSWC used as Base RRC. He / She has considered all these factors & also all other factors as may be necessary for quoting his / her effective rate. The Tenderer has to assess the requirement to utilize small vehicles for transportation of stock in areas where heavy vehicle cannot operate and during the restriction time of movement of heavy vehicles inside the urban area. x.

The rate quoted by the Tenderer for the H & T operation has included the cost of weighment of empty vehicle and loaded vehicle in a weighbridge located within a radius of 5 km of Sugar Zonal Depot, Base RRC and Rice Receiving Centrecum-Departmental Storage Centre.

xi.

The H & T Contractor shall be paid with additional charges for distance (to & fro) covered for weighment of stock including weighbridge charges, if so directed, in case weighbridge facility is not available within a radius of 5 km of Sugar Zonal Depot, Base RRC and Rice Receiving Centre-cum-Departmental Storage Centre at following rate. (i)

Weighbridge at a distance beyond 5 km but within 10 km Rs.100 per 4 wheelers vehicle. Rs.200 per 6 wheelers vehicle. Rs.300 per 10 wheelers or more wheelers vehicle. (ii) Weighbridge at a distance beyond 10 km but within 15 km Rs.200 per 4 wheelers vehicle.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

xii.

Rs.400 per 6 wheelers vehicle. Rs.600 per 10 wheelers or more wheelers vehicle. If the H & T Contractor is required to perform any service in addition to those specifically provided for in the contract, the H & T Contractor's remuneration for the same will be paid at the rates as negotiated and fixed on mutual agreement.

xiii.

The Sugar Zonal Depot, Base RRC and Rice Receiving Centre-cumDepartmental Storage Centre can be relocated in addition to or in place of the list of Sugar Zonal Depot, Base RRC and Rice Receiving Centre-cumDepartmental Storage Centre as per the requirement and availability of suitable godowns and the H & T Contractor shall transport the stock at the approved rate.

xiv.

In case the Sugar Zonal Depot, Base RRC and Rice Receiving Centre-cumDepartmental Storage Centre is relocated in addition to or in place of existing Sugar Zonal Depot, Base RRC and Rice Receiving Centre-cum-Departmental Storage Centre, the payment of Handling and Transportation charges shall be made as per the approved rate.

V. i.

Requirement of vehicles:The H & T Contractor has minimum 02 (Two) number of Transport Vehicles registered in his/her name/ in the name of the family members. Additional requirement of vehicles can be availed on hire basis.

ii.

The vehicles are suitable for transportation of food grains.

iii.

The vehicles have National or State permit for transportation.

iv.

The vehicles have been registered in the name of the Tenderer till the end of the Agreement. In case the vehicle is required to be disposed of in between the Agreement period, the same shall be made on prior intimation to the District Manager with substitute of a suitable vehicle in the name of the Tenderer alongwith its documentary evidence.

v.

The H & T Contractor has assessed the requirement to utilize small vehicles for transportation of stock in areas where heavy vehicle cannot operate and during the restriction time of movement of heavy vehicles inside the urban area.

VI. i.

Security Deposit: H & T Contractor has furnished security deposit for H & T operation in RRCcum-DSC in following manner.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

Sl No.

Loading point

1

One loading point i.e. Food Storage Depot, FCI / Sugar Zonal Depot / Base RRC Two loading points i.e. Food Storage Depot, FCI / Sugar Zonal Depot / Base RRC More than two loading points i.e. Food Storage Depot, FCI / Sugar Zonal Depot / Base RRC

2

3

ii.

Security Deposit (In Rs.) 5 lakh

(√) Mark as applicable

8 lakh

10 lakh

Security Deposit furnished by the H & T Contractor shall be subject to the terms and conditions contained in the Tender document.

iii.

The details of security deposit

Sl. No.

iv.

Details of

Security Deposit

loading poiont

(Fixed Deposit No.)

Amount

Validity period

The Corporation shall not be liable for payment of any interest on the Security Deposit or any depreciation thereof for the time it is held by the Corporation.

v.

The security deposit shall be refunded to the contractors only after due and satisfactory performance of the services and on completion of all obligations by the contractor under the terms of the contract and on submission of a No Demand Certificate, subject to such deduction from, the security as may be necessary for making good the Corporation's claims against the contractor.

vi.

In the event of premature termination of the contract as envisaged in ClauseX & XVIII, the District Manager, shall have the right to forfeit the entire or part of the amount of security deposit deposited by the contractor or to appropriate the security deposit or any part, thereof in or towards the satisfaction of any sum due to the claim for any damages, losses, charges, expenses or costs that may be suffered or incurred by the Corporation.

vii.

The decision of the District Manager in respect of such damage, losses, charges, costs or expenses shall be final and binding on the contractors.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

viii.

In the event of the security being insufficient or if the security has been wholly forfeited, the balance of the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the contractor under this or any other contract with the Corporation. In the event of that sum found not sufficient to cover the full amount recoverable, the contractor shall pay to the Corporation on demand, the balance outstanding dues.

ix.

Whenever the security deposit falls short of the specified amount, the contractor shall make good the deficit so that the total amount of security deposit shall not at any time be less than the specified amount.

II.

Solvency Certificate:i.

Solvency Certificate is obtained from the Revenue Authority.

(√) Mark as Sl Solvency Loading point applicable No. Certificate (In Rs.) 1 One loading point i.e. Food 5 lakh Storage Depot, FCI / Sugar Zonal Depot / Base RRC 2 Two loading points i.e. Food 8 lakh Storage Depot, FCI/ Sugar Zonal Depot / Base RRC 3 More than two loading points i.e. 10 lakh Food Storage Depot, FCI / Sugar Zonal Depot / Base RRC ii. Solvency Certificate is furnished by the Tenderer as per the terms and conditions contained in this Tender document. iii.

VIII.

The details of Solvency Certificate Sl.

Details of

Solvency

No.

loading poiont

Certificate No.

Amount

Validity period

The list of vehicles, list of Movable properties, list of Immovable Properties and copy of Solvency certificate form part of the agreement.

IX.

Book Examination: The contractor shall, whenever required, produce or cause to be produced, for examination by the District Manager or any other officer authorized by him in his behalf, any cost or other accounts, book of accounts, vouchers, receipts,

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

letters, memorandum or writings or any copy of or extract from any such document and also furnish information and returns, verified in such manner, as may be required relating to the execution of this contract or relevant for verifying or ascertaining the cost of execution of this contract. The decision of District Manager, his authorized representative or District Manager on the question of relevancy of any documents information or return shall be final and binding on the contractor. The contractor shall produce the required documents information and returns at such time and place as may be directed by the District Manager or any officer acting on his behalf. X.

Subletting: The contractor shall not sublet, transfer or assign the contract or any part thereof without the previous written approval of the District Manager. In the event of the contractor contravening this condition, the District Manager shall have the right to place the contract elsewhere on the contractors account and at his / her risk and the contractor shall be liable for any loss or damage, which the Corporation may sustain in consequence or arising out of such replacing of the contract.

XI. i.

Relationship with third parties:All transactions between the contractor and third parties shall be carried out as between two principals without reference in any event to the District Manager.

ii.

The contractors shall also undertake to make the third parties fully aware of the aforesaid position.

XII. i.

Liability for Personnel: All persons employed by the H&T contractors shall be treated as their own employees / workers in all respects and the responsibility under the Workmen's Compensation Act 1923; Employees Provident Fund Act 1952; Maternity Benefit Act 1961; Contract Labour (Regulation & Abolition) Act 1970; The Motor Transport Workers Act 1961; The Orissa Shops & Commercial Establishment Act 1956; Payment of Gratuity Act 1972; Equal Remuneration Act 1976; ESI Act 1948; Minimum Wages Act 1948 or any other similar enactments and rules made there under with upto date amendments in respect of all such personnel shall be that of the contractor.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

The contractor shall be bound to indemnify the District Manager against all claims whatsoever, in respect of the said personnel under the Workmen's Compensation Act, 1923 or any statutory modification thereof, or otherwise for in respect of any damage or compensation payable inconsequence of any accident or injury sustained by any workman or other person whether in employment of the contractor or not. ii.

The contractor shall be liable for making contributions in accordance with the provisions of the Employees Provident Funds Act, 1952, and the scheme framed there under in respect for the labour employed by him/ her. The contractor shall recover the amount payable by such employees and deposit the same with concerned PF authorities. If, on account of the default of the contractor in making such payments or for any other reason, the Corporation makes such contributions on behalf of the contractor, the O.S.C.S.C. Ltd. shall be entitled to set off against the amount due to the contractor for the contributions made by it including penalty, if any on account of his default in making payments or otherwise in respect of the labour employed by the Contractor. The Contractor shall also maintain such records and also submit such returns as may be prescribed under the Act to the Authority designated in the EPF Act, 1952 and the scheme framed there-under, prescribed and / or when demanded for inspection of the Officers of the Regional Provident Commissioner and the District Manager, O.S.C.S.C. Ltd, or an Officer authorized by him or acting on his behalf.

iii.

In complying with the said enactments or any statutory modifications thereof, the contractor shall also comply with or cause to be complied with, the labour regulations enactments made by the State Governments./ Central Govt. from time to time in regard to payment of minimum wages to the workers, notified by the Labour & Employment Department, Odisha, Bhubaneswar from time to time wage period, deduction from wages, recovery of wages not paid and deductions unauthorizedly made, maintenance of wage book or wage slip, publication of scale of wages and other terms of employment, inspection and submission of periodical returns and all other matters of like nature.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

iv.

Notwithstanding the fact, whether the said legislations, enactments or any statutory modifications thereof are applicable or not to the employees / workers employed by the contractor, he/she shall pay the following to them: a. Payment of Wages to Workers:The contractor shall pay not less than minimum wages to the workers engaged by him/her on either time rate basis or piece rate basis on the work. Minimum wages both for the time rate and for the piece rate work shall mean the rates notified by appropriate authority during the contract period. The contractor shall maintain necessary records and registers like wage book and wage slip etc. Register of unpaid wages and Register of Fines and Deductions etc. as required for such purposes. b. Weekly off:The contractor shall allow or cause to be allowed to the workers directly or indirectly employed in the work one-day rest after six days continuous work and pay wages at the same rate as prescribed by the Labour & Employment Deptt. from time to time. c. Attendance Allowance:The contractor shall pay the required attendance allowance per day to the regular workers generally employed by him on piece rate or time rate basis when such worker report for duty on the day but is not booked or given work for the day shift. Aforesaid wage / benefits at Clause XII [iv (a), (b), (c)] shall be deemed to be a part of this contract and any contravention thereof shall be deemed to be a breach of this contract. The District Manager shall have the right to deduct from money due to the contractor, any sum required for making good the loss suffered by a worker or workers by reasons of non-fulfilment of the conditions of the contract for the benefit of workers, non-payment of wages, or of deductions made from his or their wages which are not justified or non observations of the regulations/enactments mentioned in Clause XII (i) and (ii).

v.

The contractor shall be responsible for delays in H & T operation which may arise on account of any reason.

vi.

Strikes by contractor's workers on account of any dispute between the contractor and their workers as to wages or to otherwise, shall not be deemed

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

to be a reason beyond the contractor's control and the contractor shall be responsible for any loss or damage which the District Manager may suffer on this account. vii.

Declaration in lieu of License & Registration of establishment: In case H & T Contractor claims that he/ she is not required to possess any licence under the Contract Labour (Regulation & Abolition) Act 1970 and registration under the Motor Transport Workers Act 1961 & the Orissa Shops & Commercial Establishment Act 1956 because of engagement of limited labourers, he/ she shall give Declaration in prescribed format before execution of agreement & on every time while preferring bill for settlement of bills on H & T operation. However, in such case, the H & T Contractor to operate in ULB shall register his/ her establishment under “The Orissa Shops & Commercial Establishment Act, 1956” only.

viii.

The H & T Contractor shall furnish the following documents / registers / papers in support of statutory deduction in respect of the contract labourers to the District Manager. a. b. c. d.

Wage Register (for verification) EPF code No. of individual contract labourer Challan copy in support of deposit of EPF Annual return in support of deposit of EPF under 6R form with acknowledgement & half yearly return i.e. from 1st April to 30th September & 1st October to 31st March

XIII.

Provision of basic facilities and maintenance of records on payment of statutory dues:-

i.

The H & T Contractor is required to provide following facilities and maintain following records in compliance to provisions in different Acts & Rules. a. As provided under Chapter-V, Rule-39 to Rule-47 of the Orissa Contract Labour (Regulation & Abolition) Rules-1975 the following facilities to be provided by the contractor for welfare and health of contract labourers. 1. Supply of whole some drinking water. 2. First-aid facilities for preliminary treatment in case of any accident. 3. Rest rooms to halt at night in connection with working of the establishment. Separate rest rooms shall be provided to the women contract labourers.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

b. As provided under Chapter-7, (Rule-73 to Rule-77) of the above said Rule, the following Registers & Records shall be maintained by the contractors relating to payment of statutory dues of the contract labourer. 1. Issue of an employment card in Form-‘X’ to each worker within three days of the employment of the worker. 2. Issue of a service certificate in Form-‘XI’ to the workmen whose services have been terminated. 3. a. Muster Roll Register in Form-‘XII’ (Rule-77) b. Wages Register in Form-‘XIII’ (Rule-77) c. Register of overtime in Form-‘XIX’ (Rule-77) d. Register of deductions, fines & advances in Form-‘XVI’ (Rule-77) Besides, the contractor shall provide other facilities to the contract labourers,

ii.

shall maintain other Registers and Records and make statutory deposits as required under various Acts & Rules. XIV.

Bribes, Commission, Corruption etc:Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the contractor or any one of their partners / Directors / Agents or servant or any one-else on their behalf to any officer, servant, representative or agent of the Corporation or any person on his or their behalf for showing or for bearing favour or disfavour to any person in relation to the contract, shall be subject to the cancellation of this contract or any other contract made with the Corporation for any loss or damage resulting from such cancellation by the contractor.

XV.

Delays, Strikes etc: The contractor shall be responsible for delays which may arise on account of any reason. Strikes by contractor's workers on account of any dispute between the contractor and their workers as to wages or to otherwise, shall not be deemed to be a reason beyond the contractor's control and the contractor shall be responsible for any loss or damage which the Corporation may suffer on this account.

XVI. i.

Liability of Contractors for losses etc, suffered by Corporation. The contractor shall be liable for all costs, damages, charges and expenses suffered or incurred by the Corporation for any service under this contract or breach of any term thereof or their failure to carry out the work within time and for all damages or losses occurred to the corporation due to any act whether

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

negligent or otherwise of the contractor himself/ herself or his/ her employees. The decision of the District Manager regarding such failure or of the contractor and their liability for the losses, etc. suffered by Corporation shall be final and binding on the contractor. ii.

All the partners/ all the directors/ all the family members of family shall be liable jointly and separately for payment of dues of the corporation for H & T Operations and shall be liable for the working of any partner/ any director/ any family member or their employees as the case may be. During the currency of this contract there shall not make any change in the constitution of the firm/ company/ proprietorship /partnership without prior approval of the Corporation in writing.

iii.

The Corporation shall be at liberty to realise any damages, losses, charges, costs or expenses suffered or incurred to the Corporation due to contractor's negligence and un-workmanlike performance of service under the contract or breach of any terms thereof. The total sum claimed shall be deducted from any sum due or which at any time hereafter may become due to the contractors under this or any other contract with the Corporation as aforesaid, the balance of the total sum claimed and recoverable from the contractors as aforesaid shall be deducted from the security deposit furnished by the contractors. If this sum is also found not to be sufficient to cover up the full amount claimed by the Corporation, the contractor shall pay to the Corporation on demand, the remaining balance of the aforesaid sum claimed.

iv.

In the event of default on the part of the contractor in providing labour, sufficient trucks etc. and / or their failure to perform any of the services mentioned in this document efficiently and to the entire satisfaction of the District Manager or any officer acting on his behalf, the District Manager shall, without prejudice to other rights and remedies under this agreement, have the right to recover by way of compensation from the contractor a sum of such amount per day or part of a day of the default as the Collector in his absolute discretion may determine, subject to the total compensation/liquidated damages during the duration of the contract not exceeding 50% of the Handling & transportation cost. The decision of the Collector in the matters whether the contractor has committed such default or failed to perform any of such services efficiently and is liable to

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

pay any compensation/liquidated damages and as to the quantum of such compensation/liquidated damages shall be final and binding on the contractor. XVII. Period of Contract:i.

The contract shall remain in force from date of execution of agreement till March’2015 or such later date as may be decided solely by the District Manager with the approval of the Collector.

ii.

The District Manager with the approval of District Collector reserves the following rights.

iii.

To extend the period of contact maximum for 06 months at a stretch beyond the original contract period as at Clause- XVII (i), on the same rates, terms and conditions.

iv.

To terminate the contact at any time during its currency without assigning any reason thereof by giving seven days notice in writing to the contractor at his/her last known place of residence / business and the contractor shall not be entitled to any compensation by reason of such premature termination.

v.

To award similar works on the basis of said contract on mutual agreement with other contractor.

XVIII. Set off: Any sum of money due and payable to the contractor (including security deposit returnable to them) under this contract may be appropriated by the Corporation and set-off against any claim of the Corporation for the payment of any sum of money arising out of or under any other contract made by the contractor with the Corporation. XIX.

Summary Termination:-

i. In the event of the contractor having been adjudged insolvent or going into liquidation or winding up his / her business or making arrangements with his / her creditors or failing to observe any of the term and condition governing the contract, the District Manager with the approval of the Collector shall be at liberty to terminate the contract forthwith without prejudice to any other rights or remedies under the contract and to get the work done for the unexpired period of the contract at the risk and cost of the contractor and to claim from the contractor any resultant loss sustained or costs incurred.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

ii. The none performing /defaulting contractor may be suspended/banned for trade relation/black listed for a period up to 2 years based on the gravity of non performance/default of the contractor, by the District Manager whose decision in the matter shall be final and binding. iii. The District Manager with the approval of the Collector shall also have, without prejudice to other rights and remedies, the right to terminate the contract forthwith in the event of breach of any of the term and condition of the contract and to get the work done for the unexpired period of the contract, at the risk and cost of the contractor and/or forfeit the security deposit or any part thereof for the sum or sums due for any damages, losses, charges, expenses or costs that may be suffered or incurred by the Corporation due to the contractor's negligence or un-workman like performance of any of the service under the contract. iv. The contractor shall be responsible to supply adequate and sufficient labour, weighing scales/trucks/carts/any other transport vehicle for loading / unloading, transport & carrying out any other service under the contract in accordance with the instructions issued by the District Manager or an officer acting on his behalf within the time specified. If the contractor fails to supply the requisite number of labour, weighing scales and trucks in due time, the District Manager shall, at his sole discretion without terminating the contract be at liberty to engage other labour, scales, trucks etc. at the risk and cost of the contractors, who shall be liable to make good to the Corporation all additional charges, expenses, cost or losses that the Corporation may incur or suffer thereby. The contractor shall not, however, be entitled to any gain resulting from entrustment of the work to another party. The decision of the District Manager shall be final and binding on the contractor. v. If H & T Contractor is found to be involved in any criminal case, vigilance case & is blacklisted by any State or Central Government, by Central or State Agency or undertaking during contract period, the Agreement executed with the H & T Contractor shall be terminated forthwith without prejudice to other rights & remedies. vi. Suppression of fact/ declaring false information relating to Clause-6.1, 6.2.1, 6.2.2(ii), 6.2.3 & 8.5 of the Tender paper will amount to malafied intension of

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

the tenderer and to mislead the District Tender Committee. In such case, contract, if any executed as Level-I & II H & T Contractor in any district shall be terminated forthwith along with forfeiture of EMD / Security Deposit. Further s/he shall be banned / blacklisted and not allowed to participate in any tender as provided at Clause- XIX (ii). XX. i.

Volume of Work The District Manager does not guarantee any definite volume of work or any particular pattern of service at any time or throughout the period of the contract.

ii.

The mere mention of any item of work in this contract & execution of agreement does not by itself confirm a right on the contractor to demand that the work relating to all or any item thereof at the concerned specified RRC-cumDSC should necessarily or exclusively be entrusted to him / her.

iii.

The District Manager with the approval of the Collector shall also have the exclusive right to appoint one or more contractors at any time viz. at the time of award of the contract and/or during the tenure of contract for any or all the services mentioned hereunder and to divide the work as between such contractors in any manner that the District Manager may decide and no claim shall lie against the District Manager by reason of such division of work.

iv.

During the period of agreement with the H & T Contractor, the District Manager reserves the right to deploy “Mobile Van” of the Corporation to make H & T Operations at the RRC-cum-DSC for any distance range of transportation of Rice, Wheat & Sugar stock. The arrangement made by the District Manager is final & binding on the H & T Contractor. The H & T Contractor will have no claim for any work on this arrangement.

v.

In case the approved transport contractor fails to transport Foodgrains during currency of the agreement due to any reason, the District Manager shall have the right to rescind contract forthwith and/or take any other steps including imposition of penalty on the contractor. In that event the District Manager shall have the right to make alternative arrangement with the approval of the Collector.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

XXI.

Laws governing the contract:The contract shall be governed by the relevant laws of India and Odisha for the time being in force.

XXII.

Remuneration:i.

The H & T Contractor shall be paid with the remuneration in respect of the services described in Clause-IV and performed by them at the agreed / contract rate of the “Distance Range” as indicated below. Sl. No.

Distance Range

Approved Flat rate (0-10 km) / Rate per Quintal

ii.

Payment shall be made for the shortest truckable distance for one side distance covered in between Food Storage Depot of FCI / Sugar Zonal Depot / Base RRC to RRC-cum-DSC. The shortest truckable distance, as decided by the District Manager, shall be final and binding for settlement of claims of the H & T Contractor.

iii.

The payment shall be made for the H & T operation only for net quantity of Foodgrains. No payment shall be made for the weight of the containers / bag / packaging material.

iv.

THE AGREED RATE BY THE H & T CONTRACTOR FOR THE H & T OPERATION INCLUDES THE COST OF WEIGHMENT OF EMPTY VEHICLE AND LOADED VEHICLE IN A WEIGHBRIDGE LOCATED WITHIN A RADIOUS OF 5 KM OF SUGAR ZONAL DEPOT, BASE RRC AND RRCCUM-DSC.

v.

The H & T Contractor shall be paid with additional charges for distance (to & fro) covered for weighment of stock including weighbridge charges, if so directed, in case weighment in weighbridge facility is not available within a radius of 5 km of sugar zonal depot, Base RRC and Rice Receiving Centre-cum-Departmental Storage Centre at following rate. (i)

Weighbridge at a distance beyond 5 km but within 10 km Rs.100 per 4 wheelers vehicle. Rs.200 per 6 wheelers vehicle. Rs.300 per 10 wheelers or more wheelers vehicle.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

(ii)

Weighbridge at a distance beyond 10 km but within 15 kmRs.200 per 4 wheelers vehicle. Rs.400 per 6 wheelers vehicle. Rs.600 per 10 wheelers or more wheelers vehicle.

v.

If the H & T Contractor is required to perform any service in addition to those specifically provided for in the contract, the H & T Contractor's remuneration for the same will be paid at the rates as negotiated and fixed on mutual agreement.

vi.

The H & T Contractor will have the right to represent in writing to the District Manager that a particular service which he / she is being called upon to perform is not covered by any of the services specifically provided for in the contract or as the case may be, is not auxiliary or incidental to such services, provided that such representation in writing is made maximum within 30 days after the date of actual performance of such services. If no such representation in writing is received within the said time, the H & T Contractor's right in this regard will be deemed to have been waived.

vii.

The question whether a particular service is or is not covered by any of the service specifically described and provided for in the contract, or is not auxiliary or incidental to any of such services, shall be decided by the District Tender Committee, whose decision shall be final and binding on the H & T Contractor.

viii.

Recovery of shortage/ damage/ diversion of foodgrains: Shortages of stock / Damage of stock/ Diversion of stock, in quantity and quality, during handling, transit & delivery shall be recovered from the dues of the H & T Contractor. The value shall be recovered at following rate. a. Rice--- At one time economic cost of rice fixed by Govt. of India, b. Wheat--- At two times of consumer price of APL wheat fixed by Govt. of Odisha, c. Sugar--- At two times of landing cost of Levy sugar to OSCSC Ltd.

ix.

The H & T Contractor shall have no claim on detention of vehicle both at despatching and receiving point for any reason.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

XXIII. i.

Payment:Payment will be made by the District Manager on submission of bills, in duplicate as per the format and procedure prescribed.

ii.

In order to facilitate fast disposal of bills, the H & T Contractor will submit his / her bills on monthly basis.

iii.

The payment shall normally be made by the District Manager within 30 days of submission of complete set of bills in the format and procedure prescribed.

iv.

Payment shall be made on realizing the cost of shortage at the rate as specified at Para XXII (viii) and on furnishing of documents / declaration in prescribed format relating to labour laws. In case of declaration, H & T Contractor shall make such declaration every time while preferring the bill.

v.

The payment shall be made through cheque/e-payment system for which the following details shall be provided by the H & T Contractor immediately after commencing of the contract:-

vi.

(1)

Bank Account No.

(2)

Name of the Bank & Branch.

(3)

Bank RTGS code (IFSC Code).

(4)

PAN No.

Income Tax (TDS) and taxes under any other Act shall be recovered from the bills of the H & T Contractor at the applicable rate.

XXIV. Duties and Responsibilities of the contractor. The contractor shall carry out all items of services assigned or entrusted by the District Manager/ RRC-cum-DSC in-charge or any Officer acting on his behalf and shall abide by all instructions issued to them from time to time by the said Officer. He/ She shall render the services to the satisfaction of the RRC-cum-DSC in- charge or an Officer acting on his behalf, together with such auxiliary and incidental duties, services and operation as may be indicated by the said Officer(s) and are not inconsistent with the terms and conditions of the contract. Remuneration for all auxiliary and incidental duties and services not specially provided for in the schedule of rates for services shall be deemed to be included in the remuneration for all auxiliary and incidental duties. Some of such auxiliary and incidental duties are mentioned below:-

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

i.

Liaison: - The contractor is required to keep continuous & close liaison with the officials in charge of the RRC-cum-DSC, District Managers and other officials of O.S.C.S.C. Ltd. in respect of programme of Handling & Transportation of stock and ensure complete care of the stocks from the time of its handling at Food Storage Depot of FCI / Sugar Zonal Depot / Base RRC till it is delivered at RRC-cum-DSC.

ii.

Reasonable diligence: - The contractor shall always be bound to act with reasonable diligence and in a businesslike manner and to use such skill as expected of man of ordinary prudence in the conduct of their activities.

iii.

Adequate Staff: - The contractor shall engage competent and adequate staff and labour to the satisfaction of Corporation for ensuring efficient H & T operation and furnishing correct and up to date position/information /progress of work statement and accounts. The contractor shall be responsible for the good conduct of their employees and shall compensate the Corporation for losses arising from neglect, carelessness, want of skill or misconduct of themselves, their servants or agents or representatives. The District Manager/Godown In-charge/ Manager or authorized representative of O.S.C.S.C. Ltd. shall have the right to ask for the removal of any employee of the contractors, who in his opinion, is hampering the smooth execution of the work and his decision regarding losses caused by neglect and misconduct, etc; of the contractor, his/her servants or agents or representatives shall be final and binding on the contractor.

iv.

Responsible Representative: - The contractor shall intimate the RRC-cumDSC In-charge, District Manager or other Officers authorized to act on his behalf, the name of one or more responsible representative(s) authorized to act on his behalf in day to day working of the contract. It shall be the duty of those representative(s) to call at the office of the District Manager/ RRC-cumDSC In-charge or an officer acting on his behalf, as and when required generally to remain in touch, with them, to obtain information about the programme of handling & transportation of stock and other godown activities and to report the progress of unloading/transport work, etc and generally to take instructions in the matter.

v.

Precautions to avoid wastage/ loss/ damage of stock:- The contractor shall take adequate steps and necessary precautions to avoid wastage and

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

damage to the food grains during stack breaking, weighment, loading to vehicle, transportation & unloading from the vehicle. The contractor shall be liable for any loss which the Corporation may suffer on account of the bags not being properly handled. The decision of the District Manager regarding such loss shall be final and binding on the contractor. He/ She shall collect the spillage at the time of handling operation at Food Storage Depot, FCI, Sugar Zonal Depot, Base RRC and Rice Receiving Centre-cum-Departmental Storage Centre. He / She shall clean the same and fill the stock in bag & stitch it for utilization under PDS. The rate quoted by the H & T Contractor is inclusive of the cost incurred in these activities. The contractor shall be liable for any loss which the Corporation may suffer from any loss in quantity and quality of stock handled by him. The decision of the District Manager on such loss shall be final and binding on the contractor. vi.

Tarpaulins & Dunnage: - The H & T Contractor shall provide sufficient number of tarpaulins for each truck to cover the Foodgrains during transportation to protect those from rains and other natural calamities. He / She shall be responsible for any loss or damage that may arise due to his / her failure to supply adequate number of tarpaulins or to take reasonable precautions. The decision of the District Manager in this matter shall be final and binding on the H & T Contractor.

vii.

Restriction on use of large hook:- The contractor shall provide his/ her own planks and supporting bags to serve as ladders for the purpose of loading / unloading into/ from trucks or stacking, no filled bags (with Foodgrains etc.) shall be used in the operation. The contractor shall ensure that his/ her workers do not use hooks for handling Foodgrain bags / packets at any stage. The contractor shall also be liable to make good to Corporation, if any losses caused by the use of hooks. The decision of the District Manager/ RRC-cumDSC in-charge on such losses shall be final & binding.

viii.

Maintenance of records:- The contractor shall keep a complete and accurate record / account of Handling & Transportation operation of Foodgrains and in the event of any shortage being noticed, shall bring in writing such shortage promptly to the notice of the District Manager, receiving district / RRC-cum-DSC in-charge or an Officer acting on his behalf.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

ix.

Liability:- The Contractors shall be liable for all costs, damages, charges and expenses suffered or incurred by the Corporation due to the Contractor’s negligence and unworkman like performance of any service under this contract or breach of any terms thereof or his/ her failure to carry out the work with a view to avoid occurrence of demurrage, wharfage etc and for all damages or losses occurred to the Corporation or in particular to any property or plant belonging to the Corporation due to any act whether negligent or otherwise of the Contractors themselves or his/ her employees. The decision of the District Manager regarding such failure of the Contractor and his/ her liability to the losses etc suffered by Corporation shall be final and binding on the Contractor.

x.

Corrupt practice:-The Contractor shall not indulge in corrupt practices like ‘Dala’ system and ‘bait’, failure to which shall be liable for penal action for such corrupt practices/unfair means.

xi.

Rules and regulations governing the workings: - The contractor shall strictly abide by all rules and regulations of State, specifically RTA, Police, Municipal Authorities and other local bodies.

xii.

Loading as per the M.V. Act: - The contractor shall not load more than permissible quantity of foodgrains in each truck for transportation as provided under the M.V. Act. If the loading of stocks is beyond the permissible limit provided under the statute, the contractor shall be responsible for such violation of statute & any consequential penalty thereof. The Corporation shall not be liable for such act of contractor.

xiii.

Flex Banner: - The H & T Contractor shall paint the vehicles in specified colour and

write information or display prominently on their trucks in the

FLEX BANNER of specified size, as prescribed by the District Manager. No extra remuneration, whatsoever will be payable for painting, writing and displaying such banners. The District Manager or an officer acting on his behalf shall have the right to disallow loading of any vehicle if the H & T Contractor does not paint, write or display prominently the aforesaid banners. xiv.

GPS Tracking System:a. The H & T Contractor shall install “GPS TRACKING SYSTEM” in the vehicles used for transportation of Foodgrains, when ever directed by the District Manager. The “GPS” device will be provided by the Corporation & the

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

cost of the same shall be realized from the H & T Contractor. If “GPS” device will develop defect, no loading in that vehicle will be entertained and the H & T contractor has to replace a suitable one. b. The H & T Contractor shall provide the information on day-to-day H & T operation in the website in software developed by the Corporation. The H & T Contractor shall have computer, internet connectivity and trained computer personnel at his / her disposal for transmission of computerized data on day to day basis. c. The cost of installation of “GPS TRACKING SYSTEM” and reporting in website is deemed to be included in the rate quoted by the Tenderer. xvi.

Transit insurance coverage: - The H & T Contractor shall obtain transit insurance coverage of the Foodgrains stocks at economic cost / consumer price / landing cost of rice, wheat & sugar respectively in the name of OSCSC Ltd. covering all type of risks from the point of loading to trucks, transporting to specified RRC-cum-DSC & till the stock is delivered at the RRC-cum-DSC. No shortage of Foodgrains will be admissible during transit that may happen due to theft/fire/accident/riot/ flood or any other natural and unforeseen happenings.

xvii.

xvii.

XXV.

Declaration: - The H & T Contractor shall furnish Declaration in prescribed format [Annexure- I & Annexure-II] that he/ she is not required to possess licence under the Contract Labour (Regulation & Abolition) Act 1970 and registration under the Motor Transport Workers Act 1961 & the Orissa Shops & Commercial Establishment Act 1956 because of engagement of limited labourers, on every time while preferring bill on H & T operation. Guarantee on handling operation:- The tenderer does hereby give the guarantee for the transportation of assigned quantity within the stipulated time, failing which the entire Security Deposit or part of it may be forfeited at the discretion of the District Manager. AMENDMENT OF TENDER CONDITION:District Manager reserves the right to amend the tender conditions at any time during the currency of contract, which shall be binding on the contractors.

XXVI.

TERMS AND CONDITIONS OF TENDER DOCUMENT: The terms and conditions of the tender document form a part of the Agreement. The Contractor is liable for violation of any terms and conditions of the document.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

XXVII. i.

ARBITRATION: The Managing Director, OSCSC Ltd., shall nominate Officers to act as Arbitrators for adjudication and decision on the disputes. ii. In the event of any dispute covering or arising out of this contract / agreement, the same shall be referred to Arbitrators. iii. The decision / award of the Arbitrators shall be final and binding on both the parties. XXVIII. JURISDICTION OF THE COURT: i. In the event of any dispute covering or arising out of this contract/agreement the jurisdiction of the court shall be at _________ & it is hereby expressly agreed that neither party shall be competent to bring any case/suit in regard to the matters covered by this agreement at any place outside______________. ii. It is expressly agreed & declared by & between the parties hereto that all amounts due to the Corporation under terms of agreement, if not paid in time be recoverable under Orissa Public Demand Recovery Act-1962 (Orissa Act-1 of 1963) or through civil court & shall bear interest @ 18% per annum from the date when such payment falls due up to the date of final recovery. Besides criminal action shall also be taken against the defaulting contractor for criminal breach of trust in appropriate court of law within the State of ODISHA following the provisions of Law in force. In witness whereof the parties hereto have put their hands and seals on the dates respectively given against their signatures.

Signature of Handling & Transport Contractor of the 2nd Party (SEAL)

Authorised Signatory of the 1st Party of Corporation (SEAL) Witness-1 Signature: Name (In Capital Letter): Address: Date:

Witness-1 Signature: Name (In Capital Letter): Address: Date:

Witness-2 Signature: Name (In Capital Letter): Address: Date:

Witness-2 Signature: Name (In Capital Letter): Address: Date:

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

1.

List of Vehicles.

Sl. No.

2.

Light

2

Medium

3

Heavy

Name of the Properties

Details of Properties

Value in Market (In Rs.)

Details of Properties

Value in Market (In Rs.)

List of Immoveable Properties

Sl. No.

4.

1

Vehicle No.

List of Moveable Properties.

Sl. No.

3.

Type of Vehicle

Name of the Properties

Particular of properties assessed for issue of Solvency Certificate

Sl. No.

Particulars

Details of Properties

COPY OF SOLVENCY CERTIFICATE TO BE ENCLOSED.

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

Annexure- I DECLARATION

I

Sri____________________,

Aged

about_____,

Sri____________________,

Son/Daughter/Wife

of

Proprietor/Director/Partner

of____________________ at present working as Handling & Transport Contractor (Level-I) in ______________district do hereby declare that I have not employed or had not employed more than 20 workmen on any one day of the preceding 12 months. If the above declaration is found false / not true, I shall be liable for punishment under the penal provisions of “The Contract Labour (Regulation & Abolition) Act, 1970” and my agreement shall also be terminated.

Signature of the H & T

Place:

Contractor (Level-I) Date: Name of the H & T Contractor (Level-I)

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)

Annexure- II DECLARATION

I

Sri____________________,

Aged

about_____,

Son/Daughter/Wife

of

Sri____________________,Proprietor/Director/Partner of____________________ at present working as Handling & Transport Contractor (Level-I) ______________ district do hereby declare that I have not employed 05 or more motor transport workers in my transport undertaking. If the above declaration is found false / not true, I shall be liable for punishment under the penal provisions of “The Motor Transport Workers Act, 1961” and my agreement shall also be terminated.

Signature of the H & T

Place:

Contractor (Level-I) Date: Name of the H & T Contractor (Level-I)

( Authorised Signatory of Corporation)

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(Signature of H & T Contractor)