Deed of partnership

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DEED OF PARTNERSHIP The Deed of Partnership is made at Bilaspur on this 2 nd day of Febuary, 2013 by and between:- SHAILESH AGRAWAL aged about 43 years, Son of Shri Madan Lal Agrawal, Occupation – Business, resident of Sharda Sadan, Vinoba Nagar, P.O. Bilaspur, Distt. Bilaspur, Chhattisgarh, (Hereinafter to be called the FIRST PARTY); SHRI KESHRI SINGH aged about 48 years, Son of Shri Babu Sing Occupation – Business, Resident of (Hereinafter to be called the SECOND PARTY); WHEREAS the parties to this Deep of Partnership decided to carry on the business of contract work through tender of Central Government Authorities, State Government Authorities and/or any local authorities and/or such other business(es) connected there to or other related works and the work ancillary there to. Business shall be carried on under the name and Style of M/s. SHIVAM INFRASTRUCTURE w.e.f. 02.02.2013. AND WHEREAS the above parties to this indenture wish to have their functions more fully described in the deep of Partnership in order to safeguard their mutual rights and interests against failure, misunderstanding, dis-agreement, disputes amongst themselves or their successors etc. NOW THIS DEED WITHNESSETH AS FOLLOWS :- Parties to this deed here to and hereby declare and stipulate that they have become partners in the firm in the name and style of M/s SHIVAM INFRASTRUCTURE situated at Sharda Sadan, Vinoba Nagar, Bilaspur, Distt. Bilaspur, Chhattisgarh in their individual capacity w.e.f. 02.02.2013 under the terms and conditions mentioned herein after. 1. The name and style of the Partnership firm shall “M/s. SHIVAM INFRASTRUCTURE” with its Head Office at Sharda Sadan, Vinoba Nagar, Bilaspur, Distt. Bilaspur,

Transcript of Deed of partnership

Page 1: Deed of partnership

DEED OF PARTNERSHIP

The Deed of Partnership is made at Bilaspur on this 2nd day of Febuary, 2013 by and between:-

SHAILESH AGRAWAL aged about 43 years, Son of Shri Madan Lal Agrawal, Occupation – Business, resident of Sharda Sadan, Vinoba Nagar, P.O. Bilaspur, Distt. Bilaspur, Chhattisgarh, (Hereinafter to be called the FIRST PARTY);

SHRI KESHRI SINGH aged about 48 years, Son of Shri Babu Sing Occupation – Business, Resident of (Hereinafter to be called the SECOND PARTY);

WHEREAS the parties to this Deep of Partnership decided to carry on the business of contract work through tender of Central Government Authorities, State Government Authorities and/or any local authorities and/or such other business(es) connected there to or other related works and the work ancillary there to. Business shall be carried on under the name and Style of M/s. SHIVAM INFRASTRUCTURE w.e.f. 02.02.2013.

AND WHEREAS the above parties to this indenture wish to have their functions more fully described in the deep of Partnership in order to safeguard their mutual rights and interests against failure, misunderstanding, dis-agreement, disputes amongst themselves or their successors etc.

NOW THIS DEED WITHNESSETH AS FOLLOWS:-

Parties to this deed here to and hereby declare and stipulate that they have become partners in the firm in the name and style of M/s SHIVAM INFRASTRUCTURE situated at Sharda Sadan, Vinoba Nagar, Bilaspur, Distt. Bilaspur, Chhattisgarh in their individual capacity w.e.f. 02.02.2013 under the terms and conditions mentioned herein after.

1. The name and style of the Partnership firm shall “M/s. SHIVAM INFRASTRUCTURE” with its Head Office at Sharda Sadan, Vinoba Nagar, Bilaspur, Distt. Bilaspur, Chhattisgarh and the firm may open branch or branches at any place or places as will be agreed upon between the partners to this deed from time to time.

2. The Partnership firm shall deal in the business of contract work through tender of Central Government Authorities, State Government Authorities and/or any local Authorities and/or such other business(es) connected there to other related works and the work ancillary thereto and any other activities incidental thereto from time to time.

3. That all the above named partners are mutually agreed that on behalf of the firm any working partner can execute any joint venture with any firm, company, institution or can sign any MOU with and State Government, Central Government, Company, Firm and/or with any institution for the benefit to the business of the firm.

4. The accounting period of the Partnership firm shall be the financial year i.e. from 1st day of April to 31st day of March of each year, but the 1st accounting period of the Partnership shall be the period from the date of this deed i.e. 2nd day of February, 2013 to 31st march, 2013 (both days inclusive). The regular books of account of the firm shall be maintained at the place of business which will remain open for inspection to the partners at any time. The First Partner will be held responsible for maintenance of proper books of accounts as well as all statutory requirements as per law which includes filling of direct and indirect taxes and TDS thereto.

5. That, the funds required for the purpose of partnership business shall be contributed or arranged bye the partners in such a manner as may be mutually agreed upon by them.

6. That the interest would be charged @12% per annum or such higher or lower rate as may be prescribed under section 40(b) of the income Tax Act, 1961 or any other applicable

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provisions as may be on force for the income Tax Assessment of the Partnership firm for the relevant accounting period shall be payable by the Partnership firm on thee account of any partner, the partners shall be at liberty to increase or decrease the above rate of interest or not to charge interest form time to time.

7. That all the partners shall be the working partners within the meaning of Section 40 (b) of the Income Tax Act, 1961 to look after the affairs of the business of the Firm honestly and to best of their ability and for the service rendered by them for payable to the said working partners shall be computed in the manner laid down and deducted U/s 40(b) (v) read with explanation 3 of the income Tax Act, 1961 or any other applicable provisions as may be in force in the income Tax Act, 1961 form assessment of the firm. Such amount of remuneration shall be distributed between the said partners in equal proportion i.e. 50% each.

8. That the firm may appoint any person/s through Power of Attorney for the work/s as may be agreed by the partners.

9. The Partnership shall continue “AT WILL” for an indefinite number of years and governed under Indian Partnership Act, 1932.

10. That the net profit or losses of the Partnership form after deduction of all expenses including rent, salaries, other establishment expenses, interest and remuneration payable to partners in accordance with this deed of partnership of any supplementary deed as may be executed by the partners in equal proportion.

11. That if the parties deem proper and in their interest, they may admit any other person or persons as partners on the terms and conditions as may be mutually agreed amongst themselves.

12. That the firm shall maintain one or more than one banking account with one or more than one bank of repute, as may be decided upon by the parents as mentioned above and shall be operate by any of the partner mentioned above by his/her individual signature.

13. That the partner shall do nor cause it to be done any of which may be disadvantages or defer metal and all partners shall work to the greatest common advantage of the partnership firm.

14. That the partners shall be just and faithful to each and shall give full information and truthful explanation of all the matters relating to the affairs of the Partnership and give every assistance and facility in his/her preview in carrying on the business of partnership to the mutual advantage of another partner.

15. In case any partner intends to retire from the partnership business he/she shall be required to give at least one month’s notice in writing of its intention to do so to the other partner.

16. That any of the working partner can sign lease agreement deed or tender form, bid in auction, sign agreement, application and other documents to receive payments from any authority and can discharge or make payment of any liability for and on behalf of the firm and or make payment of any liability for and on behalf of the firm and his/her action shall be binding on another partner of the firm.

17. That the 1st partner shall be appeared before any authority constituted under law and before any authority of the State Government, Central Government. Local bodies etc. to receive payments, to submit bills, to compromise, o negotiate or for such other matters which may be required for and on behalf of the firm ad his deed actions, signatures for and on behalf of the firm shall be binding on another partner and the firm provided the things are legally done in the best interest of the firm but he cannot dissolve the firm and sell his share without the written consent of the other partner and shall identify the other partner for his contravention of any law or rules.

18. That the partners shall discharge the individual liabilities of the partners and the firm shall not be responsible for the same and no partner pledge or take loan on his individual share of the firm.

19. For any dispute of differences, in any, arising amongst the partners or their representatives with regard to the construction meaning and effect of the deed, or with regard to the

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accounts, profit and losses in the business or rights and liabilities of partners under this Deed or in the event of dissolution or winding up the business or any other matter relating to the Partnership business shall be referred to Arbitration and conciliation Act shall apply.

20. That for matters for which no provisions has been made in this deed, the same shall be decided mutually or else by majority or the partners or also through arbitration.

In WITNESS WHEREOF the parties named above do hereby set their hands on this 2nd Feb. 2013.

WITNESSES:

1. FIREST PARTNER

2. SECOND PARTNER