TRIPARTITE AGREEMENT

AMONG
BANGLADESH POWER DEVELOPMENT BOARD (BPDB)
AND
M/S. T.K CHEMICAL COMPLEX LTD. CHITTAGONG
AND
POWER GRID COMPANY OF BANGLADESH (PGCB) LTD.
This Tripartite Agreement is made at Chittagong on this -----day of --------Christian Era
AMONG
Bangladesh Power Development Board, Dhaka represented by its Chief Engineer, Distribution Southern
Zone biddut Bhaban, Agrabad Commercial Area, Chittagong hereinafter referred to as the BPDB (which
expression shall include its successor in interest representative. executors administration & assigns etc.) of
the First Party.
AND
T.K Chemical Complex Ltd. East Kalurghat. Charkhidirpur, Boalkhali, Chittagong a Private Limited
Company duly incorporated under the Companys Act 1913 having its head Office at 83, Khatungonj,
Chittagong and Factory at East Kalurghat, Charkhidirpur Boalkhali, Chittagong representative by its
Managing director Mr. M.A. Tayab herein after referred to as T.K Chemical Complex Ltd. (which
expression shall include its successor in interest legal representative executors, administrator & assigns etc.)
of the Second Part.
AND
Power Grid Company of Bangladesh Limited, Institution of Engineers Bangladesh (IEB) Bhaban (new), 3 rd
4th floor, Ramna, Dhaka 1000, represented by its Deputy General Manager, Grid Circle, PGCB, Biddut
Bhaban, Agrabad Commercial Area, Chittagong herein after referred to as the PGCB (which expression shall
include its successor in interest legal representative, executors, administrator & assigns etc) of the Third
Part.
AND WHEREAS T.K Chemical Complex is getting running its industry East Kalurghat, Charkhidirpur,
Boalkhali, Chittagong.
AND WHEREAS AS T.K Chemical Complex is getting 15 MW Power from the existing 132 KV
madunaghat, Sikalbaha transmission Line, circuit-1 through T.K Chemical Complex Ltd, 132/33 KV grid
substation and in the midst of expansion of their production capacity and has already imported huge
machinery which they are going to install whereby their Power requirement would go up to 45 MW.
AND WHEREAS T.K Chemical Complex Ltd has approached BPDB to increase their present sanctioned
load 15 MW to 45 MW and consider supplying them the Power at 132 KV voltage level from existing T.K
Chemical Complex Ltd. Grid substation so that they can go for the expansion of their production capacity.

As per decision of 1513th General Board Meeting of BPDB, and permission of Ministry of Power Energy
and Mineral Resources (Ref no-27.052.031.00.00.001.2010 (part-3-308 date-22-05-2013) T.K Chemical
Complex Ltd. is allowed to consume 45 MW load at 132 KV Voltage level as a G-2 Category Consumer of
BPDB with the Terms & Conditions stated below:
AND WHEREAS, BPDB has agreed to supply the Power to T.K. Chemical Complex and PGCB has agreed
to allow T.K. Chemical Complex Ltd. to construct 132/33 KV Double Bus-bar Scheme S/S by taking one
ckt. In-Out from the existing 132 KV Madunaghat-sikalbaha Double-circuit Transmission Line to the
proposed T.K. Chemical Complex Ltd. 132/33 KV Sub-station at their own cost. They will construct 4 (four)
skeleton bays for entry of second ckt. Turn-in & Turn-out and two bays for construction of new lines in
future. They will allow PGCB to use T.K. Chemical Complex Ltd. 132/33 KV Sub-station to built a full
fledged grid substation as and when deemed necessary.
AND WHERE AS all the three Parties agreed to sign a Tripartite Agreement with the following obligations
on the part of each Party:
1. OBLIGATIONS OF DIFFERENT PARTS :
1.1 OBLIGATIONS OF T.K CHEMICAL COMPLEXLTD:
1. T.K Chemical Complex Ltd. will bear all costs related to construction of 132/33 KV Substation at
their Premises and construction of Single circuit 132 KV In-Out transmission Line from one of the
existing Madunaghat-Sikalbaha 132 KV double circuit Transmission Line.
2. T.K. Chemical Complex Ltd. will procure 132/33 KV Substation equipment including switchgear,
control, protection and metering panels. PIC/Fibre optic multiplexer equipment (whichever is
applicable) for protection & communication and Digital Fault & Disturbance Recorder (DFDR) as
per approved design, specification by PGCB. They will construct the sub-station including the
control room building (with future provision for spare bays) & other related civil works for gantry
structures, 132 KV & 33 KV Line bay equipment etc. complete in all respect as per approval and
instruction of PGCB/BPDB. Since the sub-station will be a part of the grid network and as such
during construction and installation of equipment PGCB/BPDB will extend top and close supervision
to ensure quality work required for grid network.
3.

T.K Chemical Complex Ltd. will keep provisions for-4 (four) nos. of spare bays so that in future
PGCB can use those spare bays for construction of new feeders. PGCB shall not pay any rent/cost
for using the above bays to T.K chemical Complex Ltd.

4.

T.K Chemical Complex Ltd. will procure 132/20 KV 50/75 MVA Power transformer for their
additional 30 MW Load and before placing Purchase order they must taking necessary technical
approval from PGCB/BPDB Design Office.

5.

T.K Chemical Complex Ltd. shall install dedicated metering system for incoming or out going 132
KV lines and 132 KV Transformer (HV side) having 0.2 accuracy class CTs & PTs (inductive type).
The meters shall be programmable & recordable, digital 3-phase, 4-wire multi-tariff type with
accuracy class of 0.2 The design, layout, place of installation of CTs & PTs (Inductive type) meters
shall be approved by BPBD/PGCB.

6.

T.K Chemical Complex Ltd. will procure tower for the 132 KV In-Outline similar to existing tower
for which design and specifications are to be approved from PGCB. T.K. Chemical Complex Ltd.
will arrange right of way for the construction of the proposed transmission Line up to the proposed
132 KV S/S from nearest angle tower of existing 132 KV Madunaghat-sikalbaha double circuit
transmission line with approval of PGCB.

7.

After completion of the installation work T.K chemical Complex Ltd. will perform precommissioning Tests of all equipment in presence of BPDB/PGCBs nominated Engineers. After
successful completion of Pre-com Test T.K Chemical Complex Ltd. will notify PDB and PGCB for
Commissioning Test and Energization of the newly built line & sub-station. T.K Chemical Complex
Ltd. will do all necessary formalities well in advance for getting shut-down for completing their
work. They will handover the 132 KV installations to PGCB for smooth operation & maintenance
since the line and the substation will be a part of the grid system.

8.

T.K Chemical Complex Ltd. shall appoint a Consultant (with the approval/clearance from
PGCB/BPDB) who has sufficient experience for designing of 132/33 KV substation & 132 KV
transmission lines.

9.

T.K Chemical shall submit the detailed Scope of Works including dedicated metering system to
BPDB/PGCB for approval before the issuance of Work order to the Contractor.

10.
11.

T.K Chemical Complex Ltd. shall not commence any field activity without the prior consent of
PGCB/BPDB They will submit all necessary drawings for approval/clearance from PGCB/BPDB
Design Office.
T.K Chemical Complex Ltd. shall handover the as-built drawings. Documents, instruction manuals,
tools etc. to PGCB after completion of the commissioning work to facilitate operation &
maintenance for the newly install power transformer and existing 132 KV substation.

12.

T.K Chemical Complex Ltd. shall re-instate the said In-Out Transmission line in a same condition as
it was before In-Out at their own cost, if they quit the business/close the factory/do not consume
power from the said 132/33 KV substation.

13.

T.K Chemical Complex Ltd. will pay 5% of the estimated cost of the project to PGCB for providing
the service for checking/approval of the design/drawings, testing & commissioning and top & close
supervision of the construction works of the substation and line. the cost of the project shall be
estimated by T.K Chemical Complex Ltd. Consultant acceptable to PGCB. Such service charge shall
be paid by T.K Chemicals Complex Ltd. before commencing the works.

14.

PGCB will operate the newly built line and 132/33 KV Sub-station built by T.K. Chemical Complex
Ltd. located at their premises T.K. Chemical Complex Ltd. shall bear all the necessary maintenance
costs of the line and sub-station and will supply spares for smooth running of the grid system as and
when required plus 15% Service charge on cost of spares.

15.

T.K. Chemical Complex Ltd. shall provide monthly salary, allowances, bonus and other service
benefits to the PGCBs Engineers and Staff placed at their sub-station for routine operation &
maintenance work of the above transmission line and substation as per PGCBs rules plus 15%
service charge on billed amount.

16.

T.K Chemical Complex Ltd. will pay the cost of spares to be used for the maintenance of the 132/33
KV substation & associated lines at actual plus 15% service charge for maintenance purpose.

17.

During Testing and commissioning period the dedicated metering system i.e. energy meters, CTs
PTs metering panel etc. will be tested by BPDB in presence of PGCB & T.K. Chemical Complex
Ltd. and sealed jointly with authorized representative of PGCB & T.K. Chemical Complex Ltd. If
any dispute arises in measuring energy consumption/max demand etc. in that case readings of backup meter or date stored in the memory of meters may be considered for energy consumption/record
purpose.

18.

The consumer will pay electric bills (including wheeling charge) to BPDB on the basis of meter
reading of HV side (132 KV) of the 132/20 KV Transformer installed at their sub-station as per
approved latest revision of Govt. tariff.

19.

T.K. Chemical Complex Ltd. shall not claim Compensation for any unavoidable interruptions, Limit
of Grid voltage and power quality. They will have to follow instructions of Load Dispatch Center
(LDC) regarding the rules for load taking, under frequency load shedding etc. during system
emergencies/generation shortfalls.

20.

T.K. Chemical Complex Ltd. shall bear the cost of witnessing of factory acceptance tests of all the
equipment at the manufacturers works (Foreign/Local suppliers) by PGCB/BPDB Engineers which
shall include traveling cost, hotel charge, per diem allowance etc. as per PGCB & BPDB roles.

21.

T.K Chemical Complex Ltd. will maintain appropriate Power Factor (at least 0.95) by installing
Power Factor Correction Equipment.

22.

T.K. Chemical Complex Ltd. will install suitable mitigation equipment/device to reduce grid Voltage
fluctuation caused by their load and to maintain Power quality (lamp flicker and harmonic
suppression) as suggested by PGCB & BPDB.

23.

T.K Chemical Complex Ltd. will limit its load within the Sanctioned load of 45 MW.

24.

T.K Chemical Complex Ltd. will have to arrange for getting all the necessary approval from
Electricity Licensee Board & other relevant organizations at their own cost after completion of
construction of substation.

25.

T.K. Chemical Complex Ltd. will abide by all the rules of load-shedding, operation of under
frequency rely & using electricity during Peak-hour.

26.

T.K Chemicals Complex Ltd. will follow the standard practice, request/instructions of BPDB and
PGCB to maintain the reliable operation of the 132 KV Grid system.

27.

T.K. Chemicals Complex Ltd. will comply to all rules & regulations (Grid code and distribution
code) and all regulations/circulars concerning tariff of Government of Bangladesh/Bangladesh
Energy Regulatory Commission T.K Chemical will also comply to standard practice of PGCB &
BPDB and all rules & regulation of Bangladesh Energy Regulatory Commission of Bangladesh.

28.
29.
30.
31.
32.

The security of the sub-station will be maintained by T.K. Chemical Complex. PGCB & BPDB will
reserve the right to enter into the substation at any time for operation & maintenance of sub-station
and commercial purpose.
T.K Chemical Complex Ltd. will setup self generation or commercial plant to run their factory within
5 (Five) Years.
T.K Chemical Complex Ltd. will setup solar system equivalent to 10% of their total Light-Fan Load
before using the additional sanction Load.
T.K Chemical Complex Ltd. will take environmental clearance certificate from the Directorate of
environment. before using the additional sanction Load
T.K Chemical Complex Ltd. will take certificate from Electrical Advisor and Chief Electrical
Inspector Office. before using the additional sanction Load.

1.2. OBLIGATIONS OF PGCB:

1.

Power Grid Company of Bangladesh Ltd. (PGCB) owner of Transmission Lines will allow T.K.
Chemical Complex to take In-Out transmission line from the existing Madunaghat-Sikalbaha 132
KV double circuit Transmission Line to the T.K. Chemical Complex Ltd. 132 KV Sub-station. and
allow T.K Chemical Complex Ltd to install new 132/20 KV 50/75 MVA Power transformer.

2.

PGCB will approve the design, drawings, specifications etc required for the implementation of the
project and do the top supervision of the works.

3. PGCB will give full co-operation to T.K Chemical Complex Ltd. to keep the 132 KV substation & the
line operational and carry out required maintenance work. PGCB will carry out such maintenance
work as stipulated by the suppliers of the equipment and shall also take such precautions us deem fit
to ensure that the equipment are kept in the running conditions.
4.

PGCB will not object to mortgaging substation equipment at T.K Chemical Complex Ltd. to their
Bankers for raising Finances and will not object to their bankers or leasing companies putting their
sticker on the equipment.

5.

PGCB will approve the scope of work including dedicated metering system as submitted by T.K
Chemical Ltd. But for metering part PGCB will take written approval from BPDB before giving the
final approval of the work.

6.

After pre-commissioning work, PGCB will form a commissioning team comprising of PGCB and
BPDB Engineers to cheek and witness the commissioning test and energization of the line and substation. and new installed 132/20 KV 50/75 MVA Power transformer.

7.

PGCB shall keep record of meter reading of all the meters in log book and observe meter of sealing
condition and if any discrimination arises PGCB will inform both BPDB and T.K Chemical Complex
Ltd. immediately.

8.

PGCB shall issue O&M bill to T.K Chemical Complex Ltd. Separately including 15% Service
Charge.

1.3. OBLIGATIONS OF BPDB:

1. BPDB will not give connection to any other consumer from the Transformer installed by T.K.
Chemical Complex Ltd. as the entire equipment are being set up by T.K. Chemical Complex Ltd.
from their own resources. If BPDB wants to give connection to other consumer by using the said
transformer in that case consent of T.K Chemical Complex Ltd. will be required.
2.

BPDB will install a programmable digital meter at the 132 KV side of the transformer for billing
purpose only and all other metering materials like CTs, PTs, cables, meter, metering panels etc. will
be installed by installed by the consumer at his own cost.

3.

BPDB will issue the electricity bill as per rules describe in the rules rate for supply of electricity
approved by Govt.

4.

BPDB will issue the security bill against additional 30 MW Sanction Load to T.K. Chemical
Complex Ltd.

5.

BPDB will preserve the right to disconnect the connection of T.K. Chemical Complex Ltd. line due
to I (one) month outstanding electricity bill other Irregularities as per electricity act of Bangladesh.

6.

BPDB will pay wheeling charge to PGCB as imposed by the Government rules from time to time.

7.

T.K. Chemical Complex Ltd. will be the consumer of Distribution Division, BPDB Patiya under
O&M Circle, South BPDB, Chittagong and under Chief Engineer, Distribution Southern zone,
BPDB, Chittagong.

8.

BPDB may consider the request of T.K Chemical Complex Ltd. to extend their load if sufficient
power remains available.

1.4 FUTURE TARIFF :

The Tariff determined/approved by the Bangladesh Energy Regulatory Commission/Govt. of
Bangladesh time to time will be applicable for payment of electricity bill by the M/s. T.K. Chemical
Complex to BPDB.
In future if Bangladesh Energy Regulatory Commissioning (BERC) Separates the wheeling charge
from electricity charge for G-2 Consumers T.K. Chemical Complex Ltd. will pay wheeling charge
plus VAT if any directly to PGCB & Energy charge to BPDB as per Govt. approved rate.

1.5 SETTLEMENT OF DISPUTE:

All disputes arising between the parties will be settled amicably and if not being able to settle
amicably then the matter shall be decided as per the Electricity act of Bangladesh.
IN WITNESS WHEREOF the parties have hereto set and subscribed their hands and seal on
this.............................day of.................................of the Christian era.
For & on behalf of
T.K Chemical Complex Ltd

For & on behalf of

PGCB Ltd.

For & on behalf of BPDB

M.A Tayab
Managing director
T.K Chemical Complex Ltd.

Chief Engineer
Deputy General Manager
Distribution (South zone)
Power Grid Company.BPDB, Chittagong.
PGCB, Chitagong.

Signed, Sealed and Delivered at Chittagong

In presence of:
1.

.......................................

4.

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2.

.......................................

5.

.........................................

3.

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6.

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