1

AGREEMENT
This Agrement is entered on this 01st April 2015 at Dehradun , P.O Harrawala
Dehradun 248012 U.K.
BETWEEN
M/s Alpro Consumer Product Private Limited a private limited company
duely incorporated under the companies act having its manufacturing facility
at Kh. No. 51,61&62, Village Kuanwala, P.O. Harrawala, Dehradun . Through
its Promoter and Director Mr. Kaushik Chakravartty. (hereinafter referred to
as the Parties of the First Part which expression shall mean and include all
their heirs, successors, legal representatives, executors and assigns).
AND
M/s Star Management Security Services, Jamanpur, Selaqui, Dehradun
an Agency engaged in providing /Undertaking Security Services through its
Sole Proprietor M. R.K.Pandey. (hereinafter referred to as the Party of the
Second Part which expression shall mean and include all their heirs,
successors, legal representatives, executors and assigns).

The aforesaid parties shall be sometimes collectively referred to as Parties,

unless repugnant to the context therein.
WHEREAS, the Parties of the First Part on one hand is having Manufacturing
unit in Kh. No. 51, 61&62, Village Kuanwala, P.O. Harrawala,
Dehradun248012. And is engaged in manufacturing of Toilet SOAP and
Cosmetic. And therefore has a requirnment of Security personal for the
round the clock security of the above mentioned manufacturing Facility.
AND WHEREAS, the Party of the Second Part which is already in the
business of providing Security services and has approached the Party for the
First Part for outsourcing the Security Service of the manufacturing unit.
AND WHEREAS, the Party of the Second Part has approached the Party of
the First
Part to get into an Agreement.
NOW, THEREFORE WITNESS that in consideration of the mutual covenants
and
agreements contained herein, the Parties hereby respectively understand as
follows:
1) That this Agreement between the Party of the First Part and the Party of
the Second Part
is an Agreement / Contract for ServicesThe Party of the Second Part will
undertake,
provide and execute the contractual obligations as per this Agreement
subject to their
own means resources, manpower Security/personel.
2) That the Party of the Second Part will provide / undertake the requisite
services , as detailed
above and as are requisitioned by the Party of the
First Part from time to time depending upon
the needs and requirements
of the operation, with the deployment of such number of persons/personnel,
as the Party of the Second Part deems necessary for effective and efficient
discharge of contractual obligations. The Party of the Second Part will be at
liberty to engage their own personnel/work force and for their
deputation/deployment, shifting, rotation, etc.
3) That the Party of the Second Part will provide their requisite manpower,
personnel, so
engaged and deployed by them, with neat and clean
uniforms and will ensure that the personnel remain in proper uniforms during
duty hours. The Party of the Second Part will also ensure that appropriate
uniforms are given to the security staff, personnel during the rainy and the
winter seasons along with the necessary accessories like torches, batons,etc.

4) That the Party of the Second Part will provide all necessary
equipments/apparatus to their personnel, so deployed, for efficient and
effective carrying out /discharge of the requisite contractual assignments
and will keep them properly and well equipped at all times.
5) That the Party of the Second Part will submit monthly bills to the Party of
the First Part in respect of previous months contractual works undertaken.
The payment thereof will be subject to TDS at prevailing rates.
6) That the Party of the Second Part will also deposit Service Tax at
prevailing rates at their own responsibility and the same will then be
reimbursed to the Party of the Second Part by the Party of the First Part after
submission of documentary proof regarding deposit of the same.
7) That the Party of the Second Part will ensure and be responsible for
making the payment of wages /salaries to their personnel before/by the 7th
Day of each Month ,irrespective of clearance of their bills by the Party of the
First Part.
8) That the Party of the Second Part will be solely liable and responsible for
the payment of wages to the personnel employed and deployed by them
and will ensure and be responsible for payment of wages to their employees
at rates which will not be less than the minimum rates of wages as
applicable to the respective category of the employees and as re revised
from time to time by the State Governments G.Os pertaining to registered
factories. The chart specifying the rates of wages, payable to the
security/Services personnel. So employed and deployed. By the Party of the
Second Part and the service charges payable thereon is annexed to this
Agreement.
9) That the Party of the Second Part will get itself registered or take
necessary licence,as the case may be, under the relevant
labourEnactment(s) as and when required/ applicable.
10) That the Party of the Second Part will be wholly and solely responsible
and liable for the implementation of the various labour laws including
Employees Provident Funds and MP Act,1952,the ESI Act,1948, the Minimum
Wage Act,1948, the payment of Bonus Act, 1965, the Payment of
wagesAct,1936,etc.,
11) In respect of the security/services personnel, deployed by them. If
and when required ,the Party of the Second Part will take a license under the
Contract Labour(R & A)Act,1970 also. The Party of the Second Part will
provide documentary proof to the Party of the First Part on monthly basis of
the EPF & Allied dues. ESI dues deposited by them with concerned

authorities per month in respect of the personnel so employed and deployed

by them at first party premises, failing payment of monthly bills of Party of
the Second Part until such documentary proof is furnished to the satisfaction
of the Party of the First Part.
12) That at the time of submission of monthly bills, the Party of the Second
Part will also annex/ enclose there to an undertaking regarding due and
proper deduction and timely deposit of EPF and allied dues and ESI dues in
respect of all their personnel so deployed in the Ist Party/ Factory premises
for discharge of contractual obligations as per this Agreement , along with
attested photocopies of challans, monthly return in form 12A, The Party of
the Second Part will also furnish to the Facility Management team of the
Party of the First Part, in a timely manner, photocopies of returns in form
3A,6A under EPF and MP Act, and Form 6 under the ESI Act,1948.
13) That for all intents and purpose of the Party of Second Part will be
theEmployer within the meaning of various labour laws in respect of
personnel/staff employed and deployed by them for discharging contractual
obligations as per this Agreement . And likewise the personnel will be
deemed to be the employees of the Party of the Second Part only and alone
for all intents and purpose.
14) The Party of the Second Part will issue letters of engagement/
appointment to their personnel and furnish copies thereof to the Facility
Management team of the Party of the First Part whenever required.
15) That in case any of the Security personnel deployed by the Party of the
Second Part commits any act of misconduct and/or any act of indiscipline,
the Party of the Second Part will be solely liable and responsible for taking
disciplinary action against the/such erring person/ employee(s) including the
action of suspension, dismissal from service etc., or of his replacement from
the premises/campus of the Party of the First Part manufacturing facility.
16) That the Party of the Second Part will have and exercise total
superintendence, control and supervision over the work, performance and
conduct of the personnel so engaged and deployed by them in the premises
of the Party of the First Part, without any say, control or interference of the
Party of the First Part and its Officials/employees.
17) That the Party of the Second Part will keep the Party of the First Part
indemnified against all accidents ,injuries fatal or non fatal or the like in
respect of their personnel so deployed at First Party Premises. The Party of
the Second will be responsible and liable to insure their personnel and keep
them insured at all times against employment /accidental injuries, fatal or
not,or the like and for payment of any compensation, penalty or the like/in
lieu thereof.

18) That in case any theft takes place in the premises of Party of the First
Part or there is any damage to the property, material or machinery due to
the negligence of the Services/Security personnel/staff of the Party of the
Second Part , the Party of the First Part will be entitled to be reimbursed to
the extent of the amount stolen or damage so caused , out of the bill(s) of
the Party of the Second Part.
19) The Party of the Second Part hereby undertakes to keep the Party of the
First Part and its Facility Management Team indemnified against all such
thefts and /or losses /damages.
20) That failure on the part of the Party of the Second Part to carry out its
contractual and or legal obligations/ responsibilities as mentioned in this
Agreement and arising hereunder will vest with the Party of the First Part the
right to terminate the Agreement forthwith without any notice or payment in
lieu thereof. Further, if as a consequence of such failure or otherwise, the
Party of the First Part incurs or is put to any monetary or financial loss or is
put to any liability in respect of/or concerning the personnel of the Party of
the Second Part . The Party of the First Part will have the right to be
reimbursedto the extent of the loss or liability and for both as the case may
be out of thebill(s) of the Party of the Second Part.
21) That during the subsistence of this Agreement or on early termination of
expiry thereof no right will vest in or accrue to the personnel/workforce of
Party of the Second Part to claim regularization /absorption in the services of
Party of the First Part manufacturing Factory and/or to claim same/ similar
benefits, perks, facilities at par with the employees of the Party of the first
Part.
22) All matters, questions, disputes, differences and/or concerning and/or
in connection with and/or in consequence of or relating to this agreement,
whether or not the obligations of either or both parties under this contract be
subsisting at the time of such dispute and whether or not this contract has
been terminated or purported to be terminated or completed, shall serve as
written notice by registered mail, on the other party, giving 30 days notice,
stating that it intends to refer the dispute to Arbitration. If the notified
dispute is not resolved within the time limit of 30 days, the dispute shall be
referred by either party to a sole arbitrator appointed by Dehradun Chamber
of commerce. The award shall be final and binding on the parties. During the
pendency of the arbitration proceedings the arbitrator can take any interim
measure of protection, as it may consider necessary in respect of the subject
matter of the dispute. The Arbitration proceedings shall be governed by the
Arbitration and Conciliation Ordinance 1996 or any other law for the time
being in force in this respect. The Arbitration Proceedings shall be held in
Dehradun.

23) This Agreement is subject to the Jurisdiction of the Courts in Dehradun.

24) That this Agreement in entered into for a period of One Years starting
with effect from 1stApril.2015 till 31March,2016. The same can be further
extended by mutual consent of the parties in writing . However even
duringthe said period of One Years this Agreement can be terminated by
either party on giving of 30 Days prior notice to the other party or on
surrendering
/payment of an amount equal to one months average bill amount , based on
average of previous three months bills.
A) M/s Alpro Consumer Products Private Limited
(Signature Representing Party of the First Part)

B) M/s Star Management Services

(Signature Representing Party of the Second Part)

WITNESSES:
1.

2.

*ANNEXURE1*
1. During the Tenure of this agreement the minimum basic rate of wages
payable to each
unskilled hands/unskilled category of services/ security Guard by the *M/s*
Star Management Security Services will be Rs.6050=00 Per Month exclusive
of D.A. On this basic wages, D.A. as admissible & as revised by the State
Govt. under the minimum wages Act, from time to time, would also be paid.
2.The 2nd Party will pay the following amount per month per skilled person
employed & deployed by them : Basic=c wages @Rs.6050.00 plus

admissible D.A. thereupon plus 13.36% of basic plus D.A. towards their own
contribution of EPF & FPF dues & administrative charges
thereon , 4.75% of basic plus D.A. towards their contribution of ESI dues,
which will be reimbursed by the 1st party . The 1st party will also pay 10% of
monthly bill amount towards service charges to the 2nd party.
3.In case of security supervisers the amount payable per month per
supervisor will be Rs.6330 The 2nd party will pay the following amount per
month per supervisor:
4. Salary /wages Rs. 6330=00 plus 13.36% of Rs.6330=00 towards their own
contribution of EPF & allied dues & administrative charges theron,& 4.75% of
6330=00 towards their own contribution of ESIC dues, which will be
reimbursed by the 1st party .The 1st party will also pay 10% of the monthly
bill amount towards service charges to 2nd party.
i). The above rates of monthly wages as per para 1,2,3&4 above, are
subjected to change/ revision in accordance with the G.Os of the state govt.
under the minimum wages Act as applicable on the Schedule of employment
pertaining to registered factories. However the rates of other charges shall
remain the same until & unless amended under the respective law & only
after conclusion with the approval of the 1st party.
ii). The 2nd party will furnish to the 1st party documentary proof on monthly
basis of EPF & allied dues & the ESIC dues deducted & deposited by them
with the concerned in respect of there personnel /manpower: & also furnish
documentary proof regarding wages paid by them at rate not less then the
prevailing minimum rate of wages in respect of their personnel. Only upon
furnishing of such documentary proof & subject to verification the 1st party
will remit the bill(s) of the 2nd party for the subsequent month(s).
( Representing 1st party ) ( Representing 2nd party )