PUNJAB STATE TRANSMISSION CORPORATION LTD.220KV, SUB-STATION, SLDC, ABLOWAL (PTA)

INVITATION OF SHORT TERM TENDERSFROM SERVICE PROVIDERS

Sealed tenders are invited in the office of the undersigned from the registered service providers registered with the labour department Punjab for supplying/ outsourcing orservices of Peons, Security Guards, Data Entry Operators, Car/Jeep Drivers, Electrician,skilled/unskilled etc. on contract basis. The contract shall be initially for 2010-11.The lastdate for submission of bids in the office of undersigned is 21.10.2010 up to 3.00 PM andtender will be open on 22.10.2010 at 4.00 PM . The total requirement of contractual staff is about-100 which can vary from session to session. The terms and conditions can be obtained from the General Section of PSTCL, Patiala on an application accompanied with demand draft for Rs. 1000/- (Non refundable) payable in favour of Pubjab State Transmission Corporation Limited, Patiala. The Tender must be accompanied with an earnest money of Rs. 2,00,000/- (2 lacs) in the form of demand draft. Earnest money received in any form other than demand draft would not be accepted. The contractual agency must have at least 3 years experience in the field and valid license from labour department from the State and ESI, EPF service Tax code No, pan No, and should have valid registration certificates from the concerned department for providing the Man Power. The detailed terms and conditions are also available on the website of PSTCL at www.pstcl.org.

1) Bid documents with detailed terms and conditions can be obtainedpersonally from the office of the undersigned on any working day w.e.f11.10.2010 during the office hours between 9.00 AM to 3.00 PM.

2) Bid documents with detailed terms and conditions can also be downloadedfrom the PSTCL website.

The undersigned reserves the right to reject any for all the tenders withoutassigning any reason. The renderers or their authorized reprentatives who may choose toattend the opening of tenders may come. In the events of the date of opening of tenders being declared as a holiday for Government offices, the due date of receipt and opening of the tenders will be the following working day at the same hours. Any legal matter will be dealt with under the competent courts within the jurisdiction of Patiala.Chief Engineer/ SO&C, PSTCL, Patiala

PUNJAB STATE TRANSMISSION CORPORATION LTD.TENDER FORM

Tender No. 1/SO&C/2010Tender Fee Rs.1,000/-(non refundable)Last date for submission of Tender form: (up to 3.00 PM)Sub: Hiring in services of Peons, Security Guards, Data EntryOperators, Car/ Jeep Drivers, Electricians, Skilled/ unskilledworkman etc.

The PSTCL Patiala invites sealed tenders for various categories on jobwork basis from the firms who are registered with Regional Provident FundCommissioners, Employees 'State Insurance Corporation (ESI) and having Labourlicense from Labour, Department Punjab and should also have Service Taxregistration number along with PAN number issued by the Income Tax Department.Interested parties may quote their monthly rates technical qualifications and financialbid. The detail terms and conditions as laid down by the department are given asunder:-

Detailed Terms and Conditions:1. Tenderers shall quote monthly complete rates for the services required asper tender notice which should not be less than Deputy Commissionerconcerned in the State of Punjab fixed under the Minimum Wages Act.2. The intending tenderers shall submit proof of solvency certificate minimumamounting to Rs.5.00 lacs from a scheduled bank.3. The Service Provider shall submit documentary proof in support of satisfactoryperformance of the contract from the concerned Departments/ Agencieswhere he has undertaken such job during the past three years.4. An affidavit to the effect that the agency has neither been blacklisted nordebarred by any authority.5. The annual turn over of the firms should not be less than Rs. 2.50 crores perannum for the last three years duly certified by the Chartered Accountant. Itis also made clear that the requirement through out the entire State ofPunjab shall have to be met by the Service Provider.6. The firms should quote their rates monthly category-wise indicating the detailsof ESI, EPF, service Tax etc.7. The PSTCL reserves the right to increase or decrease the scope of workwithout assigning any reason.8. The PSTCL will reimburse the wages and other statutory charges and noadvance payment will be allowed to the firms.9. The payment of monthly wages of the staff shall be made by PSTCL and itssubordinate offices on receipt of monthly bill from the contractor by 5th of

every month complete in all respect. The PSTCL and its subordinate officesshall ensure that the payment is released to the service provider within 3days of receipt of monthly wages bill each month to enable for makingpayments to daily wager staff by 10th of each month. No advance paymentshall be allowed to the service Provider.10. The Service provider shall submit documentary proof in support of deposit ofEPF,ESI service tax etc. by 20th of each month to satisfy the PSTCL that alldeduction have been made, deposited and credited into the account of theconcerned staff.11. The PSTCL shall nominate a dedicated officer to ensure the timely release ofpayments to the service providers12. The agency will provide services for different categories as per requirement ofthe PSTCL for different periods.13. The manpower provided by the service provider shall have to undergo Policeverification.14. The agency will not be allowed to sublet the work under any circumstances.15. Identity Cards will be provided to the Personnel whose services are offered toPSTCL by the agency at service provider cost.16. The PSTCL shall be at liberty to impose fine on the agency which can go uptoRs. 500/- per day for non-payment/ late payment of wages.17. In case where the payment is delayed by two months or more, the PSTCLshall be at liberty to initiate action to blacklist the service providers.18. Entries denoting the time and place of payment of wages and the paymentsactually made shall be made in the register of wages simultaneously as thepayments are made.19. The authorized representative of the principal employer shall record under hissignature a certificate at the end of entries in the register of wages of thewages-cum-muster roll, as the case may be, in the following form:-"Certified that the amount shown in Column No……………has been paid tothe workman concerned in my presence on ………………At……………………."20. The Contactor/ Agency will be responsible for obtaining a valid license orrenewal from the competent authority and supply the same to the PSTCL.21. In the case of category of security guard the services will be required on roundthe clock duty i.e. two guards on 8 Hours duty who will maintain properrecord of the vehicles entering the PSTCL premises.22. Condition of deployment of workers and responsibility of Security Guard asmentioned in the Schedule "A" & "B" respectively will be followed byContractor and his employees strictly.23. Tender form should be sealed with cello tape and sealing wax as prescribed.Unsealed tenders shall not be entertained.24. Tender must be submitted on the prescribed tender from in original issued bythe PSTCL otherwise tender will be rejected straightway. The tender form is

not transferable.25. Tender must be accompanied with requisite amount of earnest money in thefavour of the "Punjab State Transmission Corporation Limited " Patiala, in theshape of Demand Draft of any scheduled Bank in India payable at Patiala.Earnest Money in any other from shall not be form shall not be accepted.The PSTCL will return earnest money to the unsuccessful Tenderers afterthe finalization of tender.26. The rates should be mentioned both in figures as well in words:a) The prescribed qualification, experience along with necessarydocuments/ proof and other requisite compliances and statutoryconditions shall be pre-requisites, noncompliance of the same shallrender the participant for rejection at the very outset without actuallyparticipation in the bid.b) Telegraphic/ Fax/ Telex offers will not be entertained and rejectedstraightway.c) The Contractor who is awarded the contract shall have to sign anservice agreement on non-judicial papers of worth Rs. 30/- (formatenclosed herewith at Annexure-B and B-I) within 15 days of the offer ofthe contract.d) Tenders will regarded as constituting an offer open to acceptance inwhole or in part at the discretion of the PSTCL, Patiala, for a period upto 31.03.2011 valid from the date of opening of the tender by thecommittee. The following documents shall be submitted along with thetender duly filled and signed and complete in all respect:-i) Registration Certificate of your firm under Companies Act dulyattested by the Gazetted Officer of the Government/ Notary Public.ORCopies of relevant documents if your firm is sole proprietary firmduly attested by Gazetted Officer of the Government/ Notary Public.ORCopies of the partnership deed duly attested by a Gazetted Officerof the Government/ Notary Public. (Please submit relevantdocuments as applicable in your case).27. The successful tenderer ( herein after also called Contractor) shall berequired to furnish bank guarantee Annexure 'A' for a sum equal to onemonth salary of the staff engaged value as fixed by PSTCL., valid for Oneyear and three months from the date of submission of PBG (PerformanceBank Guarantee).28. The tenderer should submit documentary evidence including contract signed inthe last 3 years with performance certificate from the client to prove that thecontractor has 3 years experience in providing manpower or providing stafffor the purposes mentioned in tender notice.29. The Contractor shall give an undertaking to the following effect in the form ofan affidavit of Rs. 5/- on non-judicial stamp paper (duly attested) by theNotary Public/ Executive Magistrate and the same shall be part of the

agreement.30. Consolidated cheque will be issued by the Department for all the contributionlike EPF, ESI & service tax. Etc. which will be further deposited by theagency with the appropriate authority latest by 20th of every month andsubmit the acknowledgement of the same in the Department and that thesaid Contractor shall be responsible for implementation of provisions ofLabour Laws and rules made there-under.31. Certification of Financial competence from a nationalized bank & auditedbalance sheet of the last 3 years duly certified by the Chartered Accountant.32. The Performance Bank Guarantee, Indemnity Bond, Affidavit and Agreementshall be submitted within 15 days of the award of the contract failing whichoffer of contract is liable to be cancelled and the earnest money will beforfeited. The Earnest Money deposited by the tenderers would be releasedon receipt of above mentioned documents.33. The Service Providers shall have to submit an affidavit duly attested by theExecutive Magistrate/ Notary Public as per Annexure-C.34. The successful tenderer shall deploy manpower as per the requirement of thedepartment.35. Income Tax Return & Income Tax clearance certificates duly attested by theIncome Tax Authorities for the last three years. The Department shall paymonthly wages as notified by the concerned Deputy Commissioners in theState of Punjab from time to time to the Contractor to his workers. Besidesmonthly wages as per prevailing D.C. rates, the department shall also pay tothe Contractor statutory charges (i.e. EPF,ESI, Service Tax asreimbursement). The reimbursement will be on production of Challans forpayments of these statutory charges.36. Incomplete or conditional tenders will not be entertained and shall liable to berejected straightway. All necessary documents and certificates are requiredto be filed and attachment along with the tender.37. The contractor shall open accounts of workers so deployed for EPF and ESIwith the competent authority within 15 days of the assumption of the chargeof the Contract. The receipts of payments of EPF and ESI contributionshould be from the local competent authority. The list indicating EPFAccounts Nos. of the workers with detail of account should be submitted tothe Department, within 15 days of release of 1st payment.38. The Contractor would provide Uniforms as prescribed by the PSTCL andIdentity Cards to workers before deployment failing which penalty @ 100/-per day per worker would be imposed. The Uniforms and Identity Cards arerequired to be supplied by the contractor and this amount cannot bededucted from the wages of the worker. The contractor shall ensure that nosecurities worker is on duty on any day without proper Uniform and IdentityCard.39. Failure on the part of the contractor in complying with any of the clauses shallmake the 2nd party liable for penalty which the Department might considernecessary and equitable. The 1st party may also withhold the payment ofsubsequent months in case of such failure on the part of the Contractor.

40. The offer must be kept valid for acceptance for a period up to one year. Incase wages of the month could not be distributed by 10th of the followingmonth to any worker because of his absence of non-availability, the sameshall be deposited by the Contractor with the PSTCL with a statement whichincorporates complete addresses of the workers along with challan fordepositing of the amount involved. The statement and challan shall becounter signed by the two officials deputed by the PSTCL for overseeing thepayment to the workers.41. The PSTCL shall have further right to adjust or deduct any amount on accountof damages or loss caused due to negligence of duty by contractual staffdeployed by the successful Contractor from his running due payments underthis contract and can also be charged against the Performance BankGuarantee/ Indemnity Bond.42. The successful Contractor shall ensure that the persons so deployed do notallow any property of the PSTCL to be taken outside premises without aproper gate pass signed by the designed Officer/ Official.43. That the successful Contractor shall not engage any sub-contractor or transferthe contract to any person/ firm.44. Income Tax will be payable by the contractor and shall be deducted at sourceas per law. In case of insufficiency of the amount of service chargesavailable for deduction of the Income Tax payable, the contractor shall haveto deposit the difference with the PSTCL along with the bill of wages for themonth.45. The manpower provided by the Contractor shall always remain employees ofthe Contractor for all intents and purposes and the Contractor alone shall beliable for any dispute which may have any sort of legal repercussions in acourt of law.46. In case any employee of the Contractor is on leave or absent from the duty forany reasons, upon such intimation the Contractor would provide substitute/replacement within 24 hours failing which the Contractor shall be liable topay the double amount of wages to the PSTCL till such period his substituteis provided. This amount shall be chargeable against the Performance BankGuarantee/ Indemnity Bond. The Department reserves the right to assignduties to any person against absent employee of the contract during thisperiod.47. The contractor shall fully indemnity the PSTCL for the following:-a) Any loss suffered by the PSTCL due to of any omission or commissionon the part of contractor in discharge of its contractual and legalobligations during the validity of the contract.b) Any orders/ directions of the Labour Court/ any other competent court incase of any dispute between the contractual staff and contractor onaccount of any payment on the orders of the Labour Court.c) Any award decree of the Court of arbitration by any judicial or quasijudicial

authority.48. The Service Provider shall ensure that Saving Bank Accounts of all theworkers employed by him are opened with Nationalized Bank and thatmonthly wages are credited into their Saving Bank Accounts in order tominimize the chances of improper wages and any violation of theseinstructions will be viewed very seriously by the PSTCL and this will beconsidered as a valid ground to black list the Service Provider (s).49. By dispute arising out of this contract at any stage shall be referred to theC.M.D/ PSTCL, Patiala whose decision shall be final and binding upon theservice providers.50. FORCE MAJEURE: Any failure or omission or commission to carry out theprovisions of this contract by the contract shall not give rise to any claim byany party, one against the other, if such failure of omission or commissionarises from an act of god, which shall include an acts of natural calamitiessuch as fire, flood, earthquake hurricane, or any pestilence.51. Certified that I/ We have read over the tender documents including the draftagreement and have understood the contracts.I/ We undertake to abide by the terms and conditions as laid down in thetender documents/ agreement. In case the contract is awarded to me/ us inthe near future.52. Employment for the various Categories will be made as per requirement of thePSTCL regarding number of person as well as period.53. Any relevant instruction issued by the Labour Department/ Government/PSTCL from time to time on this subject shall also be adhered to by theService Provider.54. The detailed condition relating to qualification and experience of staff to beoutsourced are given in Annexure-'D' of the tender document.Chief Engineer/ SO&C,PSTCL, PatialaANNEXURE - ABANK GUARANTEEWhereas PSTCL (hereinafter referred to as the Owner) which expressionshall unless repugnant to the Context, include its legal representative, successors, andassign entered into a Security Services Contract (hereinafter referred to as the Contract) withM/s (hereinafter referred to as the Contractor) which expression shall unless repugnant to thecontest, include its legal Representative, successors, and assigns based on the terms andconditions in the Contract.AND WHEREAS by the said contract, the owner has agreed to pay andContractor for the works carried out by the said contractor in terms of the said contractfor Security Services.We, M/s ________________ (hereinafter called the bank) at the request of theContractor do, as a primary obligator and not merely as surely, herebyirrevocably, unconditionally and absolutely undertake against any loss or damage

caused or suffered by the Owner by reason of any failure of the Contractor toperform and omission or negligence to perform any part of its obligations to thesatisfaction of the Owner in terms of the Contract.We, the bank, do hereby undertake to pay the amount due and payable underthis guarantee without any demur merely on a demand from the Owner stating thatthe amount claimed is due by way of loss or damage caused to or would be caused toor suffered by the Owner by reason of any breach by the said Contractor of any ofthe terms and conditions contained in a said contract or by reason of the Contractor'sfailure or omission or negligence to perform the said contract or any part thereof.Any such demand made on the bank shall be conclusive as regards the amountdue and payable by the bank under this guarantee, which shall not be consideredassatisfied by any intermediate payment or satisfaction of any part of or obligationhereunder. However, our liability under this guarantee shall be restricted to anamount not exceeding one month salary of staff employed.We, the bank, undertake to pay to the Owner any amount so demanded by theOwner, notwithstanding.1 Any dispute or difference between the Owner and Contractor or any other person orbetween the Contractor or any person or any suit or proceeding pending before anycourt of tribunal or arbitrator relating thereto or2. The invalidity, irregularity or unenforceability of the contract or3. Any other circumstances, which might otherwise constitute discharge of thisguarantee, including any act or omission or commission on the part of the Owner toenforce the obligations by the Contractor or any other person for any reasonwhatsoever.We, the bank, further agree that the guarantee therein contained shallbe continued one and remain in full force and effect during the period that would betaken for the performance of the said contract and that it shall continue to beenforceable till all dues of the Owner under or by virtue of the said contract havebeen fully paid and its claims satisfied or discharged or till the office of the AOOpen Access SO&C Ablowal ,Patiala clears that the terms and conditions ofthe said contract have been fully and promptly carried out by the said Contractorand accordingly discharges this guarantee.We, the bank, hereby agree and undertake that any claim which the bankmay have against the Contractor shall be subject to and subordinate to the priorpayment and performance in full of all the obligations of the bank hereunder andthe bank will not, without prior written consent of the Owner, exercise any legalrights or remedies of any kind in respect of any such payment or performanceso long as the obligations of the bank hereunder remain owning and outstanding,regardless of the insolvency, liquidation or bankruptcy of the Contractor or otherwisewhosoever. We, the bank, will not counter claim or set off against its liabilities to theOwner hereunder any sum outstanding to the credit of the Owner with it.We, the bank further agree with the Owner that the Owner shall havethe fullest liberty without our consent and without affecting in any mannerobligations hereunder to vary any of the terms and conditions of the saidcontract or to extend time of performance by the said Contractor from time to

time or to postpone for any time or from time to time and of the powersexercisable by the Owner against the said Contractor and forbear or enforceany of the terms and conditions relating to the said contract and we shall notbe relieved from our liability by reason of any such variation or extensionbeing granted to the said Contractor or for any forbearance, act or omission on thepart of the Owner or any indulgence by the Owner to the saidContractor or by any such matter or thing whatsoever which under the lawrelating to sureties would, but for the provision, have effected of so relievingus. This guarantee will not be discharged due to the change in the constitutionof the bank or the Contractor. We, the bank, lastly undertake not to revoke thisguarantee during its currently except with the previous consent of the Owner inwriting.The disputes relating to this bank guarantee shall be resolved as per the termsand conditions of the contract.Place: Signature and seal of the BankDate:Annexure-‘B’SERVICE AGREEMENTThis AGREEMENT is made on this …………. day of …………2010, betweenthe Punjab State Transmission Corporation LTD. through ……………………….(hereinafter referred to as the "PSTCL” which expression shall, unless, excluded by orrepugnant to the context, be deemed to include its successors in office and assignees) of the firstpart and M/s __________ a company registered under the Companies Act, 1956/apartnership firm constituted between having its place of business or registered office at…………. acting through……….. its Managing Director/Partner (hereinafter referred to as“Service Provider” which expression shall, unless, repugnant to the context or meaningthereof, be deemed to mean and include its/his/her/their respective heirs, executors,administrators and successors/the partner (s) for the time being of the said firm thesurvivor(s) of them and the executors, administrators and successors of the survivingpartners, as the case may be) of the second part. WHEREAS the Service Provider isengaged in the business of providing………………… Services;AND WHEREAS the Service Provider has expressed his keen desire to providethe said services to the Department under this agreement;AND WHEREAS on the aforesaid representation made by the Service Providerto the Department, the parties hereby enter into this agreement on the terms and conditionsappearing hereinafter.NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT ISAGREED BY AND BETWEEN THE PARTIES AS UNDER:1. SERVICE PROVIDER‟S REPRESENTATIONS AND WARRANTIESThe Service Provider hereby represents warrants and confirms that the ServiceProvider-1.1 Has full capacity, power and authority to enter into this agreement and during the

continuance of this agreement, shall continue to have full capacity, power and authority tocarry out and perform all its duties and obligations as contemplated herein and has alreadytaken and shall and continue to take all necessary and further actions (including but withoutlimiting to the obtaining of necessary approval/consents in all applicable jurisdictions) toauthorize the execution, delivery and performance of this agreement.1.2 Has the necessary skills, knowledge, expertise, adequate capital and competentpersonnel, system and procedures, infrastructure and capability to perform its obligations inaccordance with the terms of this agreement and to the satisfaction of the PSTCL.1.3 shall, on the execution of this agreement and providing services to thePSTCL, not violate, breach and contravene any conditions of any agreement entered with anythird party/ies;1.4 has compiled with and obtained necessary permissions/licenses/ authorizationsunder the Central State and local authorities and obtained all requiredpermissions/licenses for carrying out its obligations under this agreement.2. OBLIGATIONS OF THE SERVICE PROVIDER(a) The Service Provider shall operate and provide services to the PSTCL at its various sitesduring the time specified by PSTCL.(b) The regularity of the performance of the service will be the essence of thisagreement and shall form a central factor of this agreement. The Service Providershall take all the possible steps to ensure to maintain its performance as determined by thePSTCL from time to time.(c) The assessment made by the Service provider in the tender including number ofpersonnel of various descriptions as required to provide/give the required quality ofservices shall be final and acceptable by and binding upon the Services Provider.(d) If PSTCL notices that the personnel of the Service Provider has/have been negligentcareless in rendering the said services, the same shall be communicatedimmediately to the Service Provider who will take corrective steps immediately toavoid recurrence of such incidents and reports to PSTCL.(e) If any of the personnel of the service provider indulges in theft, negligence or anylegal/irregular activity, misconduct, the Service Provider shall take appropriateaction against its erring personnel and intimate accordingly to PSTCL or itself can takeaction in accordance with law.(f) The Service Provider shall furnish a personal guarantee of its ManagingDirector/Partner, guaranteeing the due performance by the Service Provider of itsobligations under this agreement.1. TERMS OF PAYMENT(a) Fees and charges for the services to be rendered are at Annexure „C‟ etc. as agreed tobetween the parties.(b) All payments made by the PSTCL shall be after deduction of tax at source wherever

applicable as per the provisions of the Income Tax Act, 1961.(c) The Service Provider being the employer in relation to personsengaged/employed by it to provide the services under this agreement shall alone beresponsible and liable to pay wages/salaries to such persons which in any case shall notbe less than the minimum wages as fixed or prescribed under the Minimum WagesAct, 1948 (Act XI of 1948) for the category of workers employed by it from time totime or by the State Government and/or any authority constituted by or under any law.He will observe compliance of all the relevant labour laws.(d) The Service Provider will have to produce the register of wages or the register ofwages-cum-muster roll of the proceeding month along with the bill to be submitted onthe 20th day of every calendar month for verification to the nominated official ofPSTCL. The Service Provider shall ensure that payment to his employee ismade in the presence of an authorized representative of the PSTCL.(e) Entries denoting the time and place of payment of wages and the payments actuallymade shall be made in the register of wages simultaneously as the payments aremade.(f) The authorized representative of the principal employer shall record under his signaturea certificate at the end of entries in the register of wages of the wages-cum-musterroll, as the case may be, in the following form:-“Certified that the amount shown in Column No…….. has been paid to theworkman concerned in my presence on……….at……….”2. SUBMISSION AND VERIFICATION OF BILLSThe service provider shall submit on a monthly basis the bills for the services renderto enable PSTCL to verify and process the same.3. DISCIPLINE(a)The Service Provider shall issue identity cards, on its own name and trading style, toits personal deputed for rendering the said services, which at PSTCL‟s option, andwould be subject to verification at any time. PSTCL may refuse the entry into itspremises to any personnel of the Service Provider not bearing such identity cardor not being perfectly dressed.(b)PSTCL shall always have the right and liberty to do surprise inspection at its site.(c) The services rendered by the Service Provider under this agreement will be underclose supervision, co-ordination and guidance of the PSTCL. The Service Providershall frame appropriate procedure for taking immediate action as may be advised byPSTCL from time to time.(d) It is understood between the parties hereto that the Service Provider alone shall havethe right to take disciplinary action against any person(s) to raise any dispute and/orclaim whatsoever against the PSTCL. PSTCL shall under no circumstances be deemedor treated as the employer in respect of any person(s) engaged/employed by the ServiceProvider for any purpose whatsoever nor would PSTCL be liable for any claim(s)whatsoever, of any such person(s).1. NATURE OF AGREEMENTThe parties hereto have considered agreed to and have a clear understanding on thefollowing aspects:-(a) This agreement is on the principal to principal basis and does not create and shall not

deem to create any employer-employee relationship between the PSTCL and theService Provider. The Service Provider shall not by any acts, deeds or otherwiserepresent any person that the Service Provider is representing or acting as agentof PSTCL except to the extent and purpose permitted herein.(b) This agreement is for providing the aforementioned services and is not anagreement for supply of contract labour. It is clearly understood by the ServiceProvider that the persons employed by the Service Provider for providingservices as mentioned herein shall be employees of the Service Provider only andnot of the PSTCL. The Service Provider shall be liable to make payment to itssaid employees towards their monthly wages/salaries and other statutory dues likeEmployees Provident Fund, Employees State Insurance, Minimum wages, bonus,gratuity etc.(c) PSTCL shall not be liable for any obligations/ responsibilities, contractual,legal or otherwise, towards the Service Provider's employees/agentsdirectly and/or indirectly, in any manner whatsoever.2 .STATUTORY COMPLIANCES(a) Service Provider shall obtain all registration(s)/permission(s)/license(s) etc.whichare/may by required under any labour or other legislations(s) for providing theservices under this agreement.(b) It shall be the Service Provider's responsibility to ensure compliance of all the Centraland State Government Rules and Regulations with regard to the provisions of theservices under this agreement. The Service Provider indemnifies and shallalways keep PSTCL indemnified against all losses, damages, claims actionstaken against PSTCL by any authority/office in this regard.(c) The Service Provider undertakes to comply with the applicable provisions of allwelfare legislations and more particularly with the Contract Labour (Regulationand Abolition) Act, 1970, if applicable, for carrying out the purpose of thisagreement. The Service Provider shall further observe and comply with theGovernment laws concerning employment of staff employed by the ServiceProvider and shall duly pay all sums of money to such staff as may be required to bepaid under such laws. It is expressly understood that the Service Provider is fullyresponsible to ascertain and understand the applicability of various Acts, and takenecessary action to comply with the requirements of law.(d) The Service Provider shall give an undertaking by the 20th of each month in favourof the Department that he has complied with all his statutory obligations.8. ACCOUNTS AND RECORDS(a) The Service Provider shall maintain accurate accounts and records, statementsof all its operations and expenses in connection with its functions under thisagreements in the manner specified by the PSTCL.(b) The Service Provider shall forthwith upon being required by the PSTCL,allow PSTCL or any of its authorized representatives to inspect, audit or take copies ofany records maintained by the Service Provider. The Service Provider shall also cooperatein good faith with the PSTCL to correct any practices which are found to be deficient as aresult of any such audit within a reasonable time after receipt of the report from the PSTCL.

However, upon discovery of any discrepancies or under payment the Service Providershall immediately reimburse the PSTCL for such discrepancies or overcharge.9. INDEMNIFICATION(a) The Service Provider shall at its own expenses make good any loss or damagesuffered by the PSTCL as a result of the acts of commission or omission, negligently orotherwise of its personnel while providing the said services at any time of the premises of thePSTCL or otherwise.(b) The Services Provider shall at all times indemnify and keep indemnified PSTCL againstany claim on account of disability/death of any of its personnel caused while providing theservices within/outside the site or other premises of the PSTCL which may be made underthe workmen's Compensation Act,1923 or any other Acts or any other Statutorymodifications here of or otherwise for or in respect of any claim for damage or compensationpayable in consequence of any accident or injury sustained by the working or there personnelof the Service Provider or in respect of any claim, damage or compensation under labourlaws or other laws or rules made there under by any Person whether in the employment ofthe Service Provider or not. Who provided or provides the services at the site or any otherpremises of the PSTCL shall be as provided hereinbefore.(c) The Service Provider shall at all times indemnify and keep indemnified the PSTCLagainst any claim by any third party for any injury, damage to the property or person of thethird party or for any other claims whatsoever for any acts of commission or omission of itsemployees or personnel during the hours of providing the services at the PSTCL‟s premises orbefore and after that.(d) That, if any time, during the operation of this agreement or thereafter the PSTCL ismade liable in any manner whatsoever by any order, direction or otherwise of any Courtauthority or tribunal, to pay any amounts whatsoever in respect of or to any of present orex-personnel of the Service Provider or to any third party in any event not restricted butincluding as mentioned in sub-clauses No (a), (b) and (c) here in above, the ServiceProvider shall immediately pay to the PSTCL all such amounts and costs also and in all suchcases/events the decision of the PSTCL shall be final and binding upon the Service Provider.The PSTCL shall be entitled to deduct any such amounts as aforesaid, from the security depositand/or from any pending bills of the Service Provider.10 LIABILITIES AND REMEDIESIn the event of failure of the Service Provider to provide the services or part thereof asmentioned in this agreement for any reasons whatsoever, the PSTCL shall be entitled to

procure services from other sources and the Service Provider shall be liable to payforthwith to the PSTCL the difference of payments made to such other sources, besidesdamages at double the rate of payment.11 LOSSES SUFFERED BY SERVICE PROVIDERThe Service Provider shall not claim any damages, costs, charges, expenses, liabilities arisingout of performance/non-performance of services, which it may suffer or otherwise incur byreason of any act/omission, negligence, default or error in judgment on part of itself and/or itspersonnel in rendering or non-rendering the services under this agreement.12 TERMThis agreement shall be effective for a period of one year with effect from allotment oftender and can be extended further for a period on similar terms and conditions as may bedeemed fit and proper by the PSTCL.13 TERMINATION(a)Either party can terminate this agreement by giving one month's written notice to the otherwithout assigning any reason and without payment of any compensation thereof. However,the PSTCL shall give only a 24 hours notice of termination of this agreement to the ServiceProvider when there is a major default in compliance of the terms and conditions of thisagreement or the Service Provider has failed to comply with its statutory obligations.(b) If Service Provider commits breach of any covenant or any clause of his agreement,PSTCL may send a written notice to Service Provider to rectify such breach within thetime limit specified in such notice. In the event Service Provider fails to rectify suchbreach within the stipulated time, the agreement shall forthwith stand terminated and ServiceProvider shall be liable to PSTCL for losses or damages on account of such breach.(c) The PSTCL shall have the right to immediately terminate this agreement if the ServiceProvider becomes insolvent, ceases its operations, dissolves, files for bankruptcy orbankruptcy protection, appoints receivers, or enter into an arrangement for the benefit ofcreditors.14 ASSIGNMENT OF AGREEMENTThis agreement is executed on the basis of the current management structure of the serviceprovider. Henceforth, any assessment of this agreement in part or whole, to any thirdparty without the prior written consent of the PSTCL shall be ground for terminationof this agreement forthwith.15 COMPOSITION AND ADDRESS OF SERVICE PROVIDER(a)The Service Provider shall furnish to the PSTCL all the relevant papers regarding itsconstitution, names and addresses of the management and other key personnel of the ServiceProvider and proof of its registration with the concerned Government authorities required

for running such a business of Service Provider.(b) The Service Provider shall always inform the PSTCL in writing about any change in itsaddress or the names and addresses of its key personnel. Further, the Service Providershall not change its ownership without prior approval of the PSTCL.16 SERVICE OF NOTICESAny notice or other communication required or permitted to be given between theparties under this agreement shall be given in writing at the following address or suchother addresses as may be intimated from time to time writing.PSTCL Service Provider……………... …………………….…………….. …………………….17 CONFIDENTIALITYIt is understood between the parties hereto that during the course of businessrelationship, the Service Provider may have access to confidential information of PSTCL andit undertakes that it shall not without PSTCL‟s prior written consent, disclose, provide ormake available any confidential information in any form to any person or entity or make use ofsuch information. This clause shall survive for a period of 5 years from the date of expiry of thisagreement or earlier termination thereof.18 ENTIRE AGREEMENTThis agreement represents the entire agreement, the parties and supersedes all previous or otherwritings and understandings, oral or written and further any modifications to this agreement, ifrequired shall only be made in writing.19 AMENDMENT/MODIFICATIONThe parties can amend this agreement at any time. However, such amendment shallbe effective only when it is reproduced in writing and signed by the authorizedrepresentatives of both parties hereto.20 SEVERABILITYIf, for any reason, a court of competent jurisdiction finds any provision of this agreement orportion thereof, to be unenforceable, that provision of the agreement will enforced to themaximum extent permissible so as to effect the intent of the parties and the remainder of thisagreement shall continue in full force and effect.21 CAPTIONSThe various captions used in this agreement are for the organizational purpose only andmay not be used to interpret the provision hereof. In case of any conflicts between thecaptions and the text, the text shall prevail.22 WAIVERAt any time any indulgence or concession granted by the PSTCL shall not alter or invalidate

this agreement nor constitute the waiver of any of the provision hereof after such time,indulgence or concession shall have been granted. Further, the failure of the PSTCL toenforce at any time, any of the provisions of this agreement or to exercise any option whichis herein provided for requiring at any time the performance by the Service Provider of anyof the provisions hereof, shall in no way be construed to be waiver of such provisions of thisagreement nor in any way affect the validity of this agreement or any part thereof or theright of the Department to enforce the same in part or in the entirety of it. Waiver, if any,has to be in writing.23 FORCE MAJEURENeither party shall be in default if a failure to perform any obligation hereunder iscaused solely by supervening conditions beyond that party's reasonable control, includingacts of God, civil commotion, strikes, acts of terrorism, labour disputes and Governmental orpublic authority's demands or requirements.24 DISPUTE RESOLUTIONThis agreement shall be deemed to have been made/executed at---for all purposes. In theevent of any dispute related to the interpretation or rights or liabilities arising out of thisagreement, the same shall at first instance, be amicably settled between the parties. If anydispute is not settled amicably, the same shall be referred to the sole arbitrator to beappointed by the PSTCL. The award given by the arbitrator shall be final and binding on theparties.25 GOVERNING LAW/JURISDICTIONThe applicable law governing this agreement shall be the laws of India and the courts ofPatiala shall have the exclusive jurisdiction to try any dispute with respect to this agreement.26 TWO COUNTERPARTSThis agreement is made in duplicate. The Service Provider shall return a copy of thisagreement duly signed and stamped as a token of acceptance of all terms and conditionsmentioned above. In the event of commencements of order acceptance, it will betaken that all terms are acceptable.IN WITNESS WHEREOF THE PSTCL AND THE SERVICEPROVIDER ABOVE SAID HAVE HEREUNTO SUBSCIBERTHEIR HANDS ON THE DAY MONTH AND YEAR FIRSTMENTIONED ABOVE IN THE PRSENCE OF THE FOLLOEINGWITNESSES:SIGNED, SEALED AND DELIVEREDANNEXURE-B-1SERVICE AGREEMENTTHIS AGREEMENT is made on this ………………day of ……….2010between the Punjab State Transmission Corporation LTD through……………, (hereinafter

referred to as the “PSTCL”, which expression shall, unless excluded by or repugnant to thecontext, be deemed to include its successors in office and assignees) of the first part andSh…………………..S/o Sh………………resident of…………District……….(hereafterreferred to as “person” of the second part.WHEREAS the services of the person are required for…………………… ANDWHEREAS the person has expressed his keen desire for rendering the services to the PSTCL asdesired under this agreement;AND WHEREAS the parties hereby enter into this agreement on the terms andconditions appearing hereinafter; NOW, THEREFORE, THIS AGEERMENTWITHNESSTH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES ASUNDER:-1. The services of a person engaged by the PSTCL shall be for a period not exceedingone year;2. The person shall be engaged for a fixed monthly remuneration not less than asprescribed in the Minimum Wages Act, 1948 (Act XI of 1948) or as may befixed by the Deputy Commissioner under the said Act;3 The services of the person so engaged shall hereafter cease on the expiry ofthe term without providing him any claim for the regularization of services or anyother consequential benefit;4 The person so engaged shall not have any legal right claiming regularization of hisservice etc. in the PSTCL where he has been engaged;5 The PSTCL shall issue Identity Card on its own name to the person engaged forrendering services. The PSTCL may refuse the entry into its premises of theperson not bearing the said identity card and not being properly dressed;6 The services rendered by the person engaged by the PSTCL shall beunder the close supervision of the PSTCL;7 It is understood between the parties hereto that only the Service provider shallhave the right to take disciplinary action against the person so engaged;8 The PSTCL shall under no circumstances be deemed or treated as the employer ofthe person engaged for any purpose, whatsoever, nor PSTCL would be liable forany claim (s) whatsoever of any such person;9 In case of the death of a person, his remuneration shall be paid to his legal heirs.INWITNESS WHEREOF THE PSTCL AND THE PERSONABOVE SAID HAVE HEREUNTO SUBSCRIBE THEIRHANDS ON THE DAY,Annexure-'C'LIST OF PERSONS REQUIRED ALONGWITH CHARGES TO BE PAIDSr.No.Category Unit Rate Period i.e. up toone year from thedate of issuing ofacceptance letter1. Security personnel as per

qualification & other standardsmentioned in the tender notice/tender form.40 No. Concerned DCCurrent rates Plus13.61% EPF 4.75%ESIC Servicecharges. 10.3%Service Tax as perService tax rules2 Car/Jeep Drivers as perqualification & other standardsmentioned in the tender notice/tender form.40 No. -do-3 Data entry Operators as perqualification & other standardsmentioned in the tender notice/tender form.20 No. -do4 Peons 60 No. -do-5 Electricians 30 No. -do-6. Skilled workman 40 No. -do-7. Unskilled workman 100 No. -do-NOTE: The unit No. i.e. the number of persons required as per column No.3 mayincrease or decrease as per requirement.ANNEXURE 'D'LIST SHOWING THE EDUCATIONAL QUALIFICATION, EXPERIENCE OF STAFF TOBE PROVIDED BY THE SERVICE PROVIDER FOR OUTSOURCINGSr.No. Category ofpostQualification & Experience Nature of job Requirement ofmanpower1 Securitypersonneli) Matriculate withknowledge of Hindi & EnglishTo provide securityservices & to recordincoming vehiclesalong entrance ofPSTCL premises.As perrequirement infield offices2 Car/Jeep Drivers i)Matriculateii) Should have a valid license fordriving light motors vehiclesiii) 5 years experience of Drivinglight motors vehiclesTo drive car/ jeep As per

requirement infield offices.3 Data entryOperatorsi)10+2 with at least 50% marksii)Expert in MS word system,Excel & E-mailiii)Typing speed of 30/25 wordsper minute in English/HindiTo enter data andto put theinformation on Email& downloadthe sameAs perrequirement infield offices4 Peons M MatriculateTo take care ofoffice staffAs perrequirement infield offices5 Electricians i)Matriculateii)Should have ITI In Electrician.ii) 3 years experience of experiencein Erection & Mtc. of Electricalequipments.Errection & Mtc. ofelectricalequipment.As perrequirement infield officesWITNESSES1. Signature: Signature:Name Name:Date: Date:Designation: Designation:2. SignatureName: For and on behalf of thePSTCLDate:Designation:SIGNED, SEALED AND DELIVEREDWITNESSES1. Signature: Signature:Name Name:Date: Date:Address: Address:2. SignatureName: For and on behalf of the

PSTCLDate:

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