THIS
AGREEMENT made at………………on this………………day of
20 .... . between A B Co. Ltd., a company incorporated under the
Companies Act, 1956 and having its registered office at ................
(hereinafter referred to as "the Employer", which expression shall
unless repugnant to the context or meaning thereof be deemed to mean and
include its successors and assigns) of the ONE PART and A B Security Guards (P)
Ltd., a company incorporated under the Companies Act, 1956 and having its
registered office at .......... (hereinafter referred to as "the
Company" which expression shall unless it be repugnant to the context or
meaning thereof be deemed to mean and include its successors and assigns) of
the OTHER PART.
WHEREAS
(1)
The employer is having its factory at………………hereinafter referred to as "the
said factory" and it wants to employ security guards to provide security
services to the said factory.
(2)
The company, who is experienced in providing security services to the
industrial units and other organisations has offered to provide security
services to the Employer at the said factory and the employer has agreed to
avail the said services being provided by the company.
NOW THIS AGREEMENT WITNESSETH AS
FOLLOWS:
(1) The company shall provide………………security
guards to keep ward and watch and protection of the said factory as per the
employer's requirement. The security guards provided by the company will be for
twenty‑four hours in the shift of 8 hours and shall provide complete security
arrangement and protection of the said factory round the clock.
(2)
The employer shall give the watchmen's hut constructed on the gate of the said
factory to the security guards and the said guards shall check all the vehicles
and personnel entering into and going out of the said factory as per the
instructions issued by the employer's representative from time to time and
shall maintain proper record of the vehicles and personnel coming and going out
of the factory.
(3)
The company at its own expenses shall provide its security guards with
necessary uniform, arms, outfit. etc. required for the effective discharge of
security services to the employer.
(4)
The company shall ensure that the security guards provided by it maintain
perfect discipline and behaviour and they shall riot in any manner cause any
interference, annoyance, nuisance to the management of the employer or its
business or work or its officers/ employees/other contractors.
(5)
The company agrees and undertakes that the security services provided by the
security guards shall be to the entire satisfaction of the employer and the
company will make it clear to the security guards that the latter are employees
of the company and they shall have no claims against the employer and the
employer shall not be liable to wages, salary, compensation and any statutory benefits
due to the security guards under the labour law and other legislation and the
company shall be responsible for providing such amenities to its employees
admissible under the law/rules/service conditions.
(6)
The company will indemnify the employer against any claim, loss, damage
occurred, or caused to the employer due to willful acts or omissions or
carelessness or negligence of the security guards employed by the company,
while on duty.
(7)
The employer shall pay a sum of Rs ………………(Rupees .................. only) per security guard per month
and a sum of Rs. .........per security guard for three national holidays for
the services security provided by
the company on submission of the bill by the company by services 10th day of
the following month. The employer shall not make any payment to the security
guards and payment will be made to the company only.
(8)
The company will obtain license, if any, required under the local or central
laws for providing security services to the employer.
(9)
The employer shall be entitled to
supervise the services provided by the company and if it finds that the
conduct, behavior and performance of work of any of its security guard is
unsatisfactory, it
may
issue directions to the company to immediately recall the particular person and
substitute him by another and the company shall comply with such directions
issued by the employer forthwith.
(10)
This agreement will be for a period of one year from the date of execution of
these presents. The employer shall, in the event of the company committing any
breach of any of the terms and conditions of this agreement or if the services
provided by the company is considered to be unsatisfactory by the employer or
for any other reason considered by the employer as sufficient, be entitled to
terminate this agreement by giving one month's notice in writing and the
company shall not be entitled to any compensation in case of such termination.
The company may also terminate this Agreement by giving one month's notice in
writing to the employer.
(11)
On expiry or earlier determination of this agreement, the company and the
security guards shall vacate the factory premises, without in any way causing
any damage to the said premises and the factory's property therein.
(12)
In case of any dispute or difference arising between the parties of disputes
under this agreement, the decision of will be final and binding and the company
will not be entitled to lodge any claim against the decision of the said Shri
..........
(13)
The stamp duty on this agreement and duplicate thereof shall be………………borne by
the company. The original shall be retained by the employer and the company
shall retain the duplicate.
(14)
Unless otherwise agreed upon, the respective addresses for communication in
respect of any matter relating to this agreement shall be as under:
For the
Employer ...........................................................
For the
Company ............................................................
IN WITNESS WHEREOF, the parties have caused
their common seal to be affixed to these presents and the duplicate, the day
and year first hereinabove written.
WITNESSES
1. The common seal of A B Co. Ltd., the
within named employer, is hereunto affixed pursuant
to the
Resolution of its Board of Directors
passed at the meeting held on .........
2. The
common seal of A B Security Guards (P) Ltd., the within named company is hereunto affixed pursuant to the resolution of
its Board of Directors passed at the meeting
held on ........
No comments:
Post a Comment