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- Employment Agreement
Download Word Document In English. (Rs.50/-) EMPLOYMENT AGREEMENT BY AND BETWEEN (COMPANY) AND (EMPLOYEE) CONTENTS 1. Definitions and interpretation 1 2. Employment 4 3. Non-competition and non-solicitation 5 4. Confidentiality 5 5. Intellectual property 6 6. Term 6 7. Compensation 6 8. Termination of employment 6 9. The company property – employee’s duty to return 7 10. Indebtedness 8 11. Notices 8 12. Waiver 9 13. Acknowledgments 9 14. Dispute resolution 9 15. Miscellaneous 9 16. Governing law and jurisdiction 10 ANNEXURE 1: Scope of Services ANNEXURE 2: Compensation Schedule EMPLOYMENT AGREEMENT This Employment Agreement (from now on referred to as this "Agreement") is made on this DDMMYYYY : BY AND BETWEEN: Company Name , a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at Address, City - Pincode, State, India, (hereinafter referred to as the “ Company ”, which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors in interest, administrators and permitted assigns), of the FIRST PART and Name, a citizen of India and presently residing at address, city – Pincode, (from now on referred to as the “ Employee ”). WHEREAS: 1. The Company is in the business of …..... 2. The Company, in the course of its business, has acquired or may acquire confidential property, information, and trade secrets, made or will make discoveries and improvements or developments, which it desires to keep confidential. 3. The Company undertakes several assignments on behalf of clients that involve the development of Intellectual Property (as defined hereinafter) and which also entail confidentiality obligations. The Company must respect the Intellectual Property and confidentiality obligations of its clients and therefore, in turn, the employees are also expected to respect the same. 4. The Company wishes to safeguard its goodwill, business and proprietary information to which the Employee may have access. 5. The Company desires to engage the Employee on the terms and conditions outlined in this Agreement. NOW, THEREFORE , in consideration of the mutual promises set forth herein, the Company and the Employee at this moment agree as follows: DEFINITIONS AND INTERPRETATION In this Agreement, unless the context otherwise requires: " Agreement " means this Agreement including any Annexures and Schedules attached to this Agreement and as may be amended and modified from time to time. “ Business ” means …...... “ Compensation Letter ” means the letter issued by the Company to the Employee setting out the details and manner of the compensation, as amended from time to time. " Competitor ” means and includes all such Persons (as defined hereinafter) whether domestic or foreign, which carry on or which are likely to carry on similar Business. “ Confidential Information ” includes but is not limited to information which is or fairly be considered to be of a confidential nature, which is obtained whether (without limitation) in graphic, written, electronic or machine readable form or orally, by the Employee; and whether or not the information is expressly stated to be confidential or marked as such, in writing, and also includes all Intellectual Property, but is not limited to: Information of value or significance to the Company or its competitors (present or potential) such as: Customer data, in particular, names, addresses, sales figures and sales conditions of the Company and its clients. Distribution data, in particular, names, addresses, sales figures and sales conditions of distributors, agents and licensees of the Company. Manufacturing data, in particular, procurement and manufacturing procedures, the fees, discounts, commissions and other credits relating to the software. Supplier’s data, in particular, names, addresses, sales figures, and sales condition of suppliers of software and hardware to the Company, whether in India or abroad. Business data, particularly data relating to new products, promotion campaigns, distribution strategies, license agreements and joint ventures in which the Company is involved. Software data, particularly information relating to the software and the modules thereof as well as any devices designed by the Company to prevent unauthorized copying. Research and development data, particularly information relating to the software and hardware developments of the Company. Financial data, in particular, concerning budgets, the fees and revenue calculations, sales figures, financial statements, profit expectations and inventories of the Company. Original information supplied by the Company; Information not known to competitors of the Company nor intended by the Company for general dissemination, including but not limited to, policies, strategies, the identity of various product-suppliers or service-providers, billing schedules, needs of its clients, information as to the profitability of specific accounts, and information about the Company itself and its executives, officers, directors and employees; Any business or technical information relating to the Company, including but not limited to financial information, equipment, documentation, strategies, marketing plans, prospective leads or target accounts, pricing information, information relating to existing, previous and potential customers and contracts disclosed by the Company to the Employee; Any copies of the above-mentioned information; but do not include: that which is in the public domain other than by the Employee’s breach, of this The agreement, or of any other confidentiality agreement; that which was previously known as established by written records of the Employee prior to receipt from the Company; that which was lawfully obtained by the Employee from a third Party; and that which was developed independently by the Employee who had no access to the Confidential Information provided by the Company. " Intellectual Property " includes: all patents, trademarks, business processes, domain names, works of authorship, designs, utility models, copyrights whether registered or unregistered, which are owned by the Company or acquired or developed by the Company in the course of its business, including, but not limited to moral rights and any similar rights in any country, whether negotiable or not and also includes any applications for any of the preceding and the right to apply for them in any part of the world; and all processes, inventions, ideas, programs, codes, software, algorithms, discoveries, correspondence, trade secrets, databases, know-how, creations or improvements upon, additions or any research effort relating to any of the above, whether registrable or not. “ Person ” means an individual, corporation, partnership, limited liability company, association, trust or other entity or organization, including a government or the political subdivision or an agency or instrumentality thereof. “ Property ” includes, but is not limited to the following: internal memoranda, computer equipment (including software), training materials, rules, books, and all other like property, including all copies, duplications, replications, and derivatives of such property; any residential accommodation, furniture, fixtures, fittings and furnishings, communication equipment, automobile and all other items; and, any tangible expression of Confidential Information, including, without limitation, photographs, plans, notes, renderings, journals, notebooks, computer programs and samples relating thereto. “ Rules ” means the Company’s manual, which lays down the policies, procedures, rules etc. in connection with the day-to-day operations of the Company, the behavior of its employees, the overall management of the Company and its clients/customers, as amended from time to time by the Company. “ Termination Date ” means the date on which the employment of the Employee is ended and which shall in the case of termination by the Company be effective from the date on which the Notice Period (as defined hereinafter), if any, is over and in the case of termination by the Employee, be effective from the date on which Notice period is over or, in the event the Notice Period is waived under Section 8.3 , the date of which the Company permits the Employee to leave service. Unless the context otherwise requires, (a) words importing one gender include the other gender; (b) words importing the singular include the plural and vice versa; (c) any reference to a statutory provision shall be deemed to include a reference to any statutory modification or re-enactment; (d) the Section headings do not form part of this Agreement and shall not be taken into account in its construction or interpretation and (e) any reference to the Employee shall, if appropriate, include his personal representatives. EMPLOYMENT The Company hereby employs the Employee, upon the terms and conditions set forth in this Agreement and in the Rules of the Company. The Company can transfer the Employee to any other office of the Company in India or overseas or to any associate or subsidiary of the Company, at the discretion of the Company. In such case, the Employee shall also be bound by any policy of the Company, in existence at the date of this Agreement or that may be subsequently framed by the Company. The Employee shall perform such duties and obligations as may from time to time be assigned to him by the Company. Annexure 1 hereto describes the scope of services of the Employee). During the term of the Agreement, the Employee shall be bound by the Agreement, the Rules of the Company and other documents of the Company, as amended from time to time. NON-COMPETITION AND NON-SOLICITATION During the term of the employment with the Company and for a period of one (1) year following the Termination Date in case of Competitors world wide, the Employee shall not, directly or indirectly, either as an individual on his own account or as a partner, employee, consultant, advisor, agent, contractor, director, trustee, committee member, office bearer, or shareholder (or in a similar capacity or function) own or operate in India a business in competition with the business of the Company; solicit the employment of or advise any other employee of the Company to terminate his contract or relationship with the Company or accept any contract (directly or indirectly) or another arrangement for providing services to any other person or organization; or, contact any of the existing or prospective clients of the Company, to entice such clients away from the Company or to damage in any way their business relationship with the Company. The Company may, however, relieve the Employee, from complying with the provisions of this Section in whole or in part. CONFIDENTIALITY The Employee shall not disclose, any time, to any Person or Competitor who is not employed, part of or associated with the Company; or use for any purpose that is not within the scope of his services, any Confidential Information, except in accordance with any written exception made by the Company. Notwithstanding the aforesaid provisions of this Section, the Employee may disclose Confidential Information were compelled to do so, by any government, judicial or quasi-judicial authority; Provided however, that the Employee shall in such a case give the Company reasonable notice of any prospective disclosure and shall assist the Company in obtaining an exemption or protective order preventing such disclosure. INTELLECTUAL PROPERTY All Intellectual Property conceived (whether during regular business hours or not), discovered, or made by Employee during the course of his employment with the Company, and other ideas, techniques or principles related to the business of the Company, shall be promptly disclosed in writing to the Company. All rights in the Intellectual Property shall belong to the Company immediately upon the formation of such rights, whether or not the final work / mark / invention in which the Intellectual Property vests is formed or completed, for the full term of each and every such right, including renewal or extension of any such term. The Employee shall perform all acts, including execution of documents and assistance in legal proceedings that are necessary to defend or establish the rights of the Company in the Intellectual Property in any country. The Employee irrevocably assigns to the Company, the Intellectual Property in all works developed during the course of his employment, free from encumbrances of any kind. The Employee explicitly waives all moral rights in any of the works developed for the company during the course of his employment with the Company. The Employee represents and warrants that he has not violated the Intellectual Property rights of any Person and covenants that he shall not violate the Intellectual Property rights of any person in the course of his employment with the Company. Provided that in the event the Company is held liable for the violation of any Intellectual Property rights by the Employee, the Employee undertakes to indemnify the Company against any and all losses, liabilities, claims, actions, costs, and expenses, including reasonable attorney’s fees and court fees resulting therefrom. TERM Subject to the provisions of termination as from now on provided, the term of this Agreement shall begin on DDMMYYY and shall continue until terminated by either Party following either Section 8 or Section 2 hereof. The obligations of the Employee under this Agreement will survive both the execution of this Agreement and the Termination Date. COMPENSATION The Company shall compensate the Employee as per the Compensation Letter attached hereto as Annexure 2 (as revised from time to time) for the services of the Employee by this Agreement. TERMINATION OF EMPLOYMENT The Company may terminate the Employee’s employment with the Company under this Agreement, with immediate effect, in the event of misconduct, or fraudulent, dishonest or undisciplined conduct of the Employee, or insolvency or conviction of the Employee for any offense involving moral turpitude, or breach of any terms of this Agreement or Rules of the Company or other documents or directions of the A company by the Employee, or any unauthorized absence of the Employee from the place of work for more than seven (7) consecutive working days, or closure of the business of the Company, or redundancy of the post of the Employee in the Company. Notwithstanding anything mentioned in this Agreement, the Company may, by giving reasonable cause, terminate the Employee’s employment under this Agreement upon written notice to the Employee, following the provisions of this Section: The termination would be effective after thirty (30) days from the date of the receipt (by the Employee) of such notice (from now on referred to as the “ Notice Period ”). Alternatively, the Company may terminate the Employee’s employment with immediate effect, upon giving the Employee one (1) months’ salary in lieu of notice or pro-rated salary for the balance Notice Period in case the Employee has been permitted to work during the Notice Period. If the Employee has been in continuous employment with the Company for a period of not less than one year, the Company may at its sole discretion, give the Employee a service compensation amounting to fifteen days average salary for each year of continuous employment. If the employee is on probation, the Notice Period referred to in Section 8.2.1 is dispensed with and the Company may, without assigning a cause, terminate the Employee’s employment with immediate effect. The Employee may, without assigning any cause, resign from his/her employment under this Agreement upon written notice to the Company and completion of the Notice Period. However, the Employee may have to give an exit interview, at the request of the Company. The Company may, at its sole discretion, permit the Employee to leave service during the Notice Period. If the termination is found to be wrongful, the maximum liability of the Company shall be equivalent to the Employee's three (3) months' salary. THE COMPANY PROPERTY – EMPLOYEE’S DUTY TO RETURN The Company’s Intellectual Property and Property acquired by the Employee after signing this Agreement shall be returned to the Company not later than the final date of his employment with the Company. Until such time as all the Property is returned to the Company, the Company shall, in addition to initiating legal proceedings for recovery, be entitled to withhold any salary, emoluments or other dues of the Employee and may further, at its discretion, deduct therefrom, the full value of the Property calculated at it is then replacement price. In addition, the Company may also take any other legal action against the Employee and shall have the right to recover the full amount of the replacement price, if the dues of the Employee are not sufficient to cover the replacement price. Further, the Employee shall compensate the Company for any misuse or damage to the property of the Company. INDEBTEDNESS If, during the Employee’s employment under this Agreement, the Employee becomes indebted to the Company for any reason, the Company may, if it so elects, set off any sum due to the Company from the Employee against the compensation payable to the Employee and collect any remaining balance from him. NOTICES All notices given pursuant to this Agreement shall be in writing and shall be deemed to be served as follows: (a) in the case of any notice delivered by hand, when so delivered; (b) if sent by pre-paid post or courier, on the third clear day after the date of posting; (c) in the case of any notice sent by facsimile, upon the receipt of a confirmation copy at the sender’s facsimile machine; and (d) if sent by e-mail, 24 hours after the e-mail is sent. Any notice to the company to be given by any Party to this Agreement shall be deemed to be duly served if delivered by prepaid registered post or through a delivery service/courier, by hand delivery, by fax or by email to the following address: If to the Company : Company Address : Designation : E-mail: If to the Employee : Address with pin code Any change in the address of either party shall be notified to the other party in the same manner mentioned hereinabove. WAIVER Any waiver by the Company of a breach or threatened breach of this Agreement by Employee shall not be construed as a waiver of any subsequent breach by Employee. ACKNOWLEDGMENTS Employee acknowledges that he has been provided with a copy of this Agreement for review prior to signing it, that he has reviewed it and that he understands the purposes and effects of this Agreement, and that he has been given a signed copy of this Agreement for his own records. DISPUTE RESOLUTION The Company and the Employee hereby agree that they intend to discharge their obligations in the utmost good faith. They, therefore, agree that they will, at all times, act in good faith, and make all attempts to resolve all differences howsoever arising out of or in connection with this Agreement by discussion failing which, fifteen (15) days of the commencement of the discussions, by arbitration. The Parties shall be bound to submit all disputes and differences howsoever arising out of and in connection with this Agreement to arbitration in accordance with the Arbitration and Conciliation, provided that: There shall be one arbitrator nominated jointly by the Parties, failing which there shall be three (3) arbitrators, one each nominated by the Company and Employee and the other chosen by the two (2) arbitrators so nominated shall be persons of professional repute and who are not directly or indirectly connected with the parties) whose appointment shall be agreed between the parties within seven (7) days of the service of an arbitration notice; The Parties agree that until the arbitration proceedings are complete, they shall not take their disputes to a court of law. All hearings shall be held in Mumbai, India, in English. Notwithstanding anything contained in this Agreement the Company may approach any court within India for injunctive relief when it feels that any of the terms of this Agreement are breached or likely to be breached by the Employee. MISCELLANEOUS Entire Agreement: This Agreement constitutes the entire agreement between the signatories and shall supersede all negotiations, preliminary agreements, and all prior and contemporaneous discussions and understandings of the signatories connection with the subject matter hereof. Amendments: No change, modification, or termination of any of the terms, provisions, or conditions of this Agreement shall be effective unless made in writing and signed or initialed by all signatories to this Agreement. Severability: If any paragraph, subparagraph, or provision of this Agreement, or the application of such paragraph, sub-paragraph, or provision, is held invalid by a court of competent jurisdiction, the remainder of this Agreement, and the application of such paragraph, sub-paragraph, or provision to persons, or circumstances other than those with respect to which it is held invalid shall not be affected. Parties To Act With Due Diligence And In Good Faith : The Parties hereto shall dutifully perform all covenants of this Agreement in letter and spirit and shall otherwise act with due diligence and in good faith. GOVERNING LAW AND JURISDICTION This Agreement shall, in all respects, be governed by and construed in all respects in accordance with the laws of India. In relation to any legal action or proceeding to enforce this Agreement, the Employee irrevocably submits to the exclusive jurisdiction of any competent court and waives any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. IN WITNESS WHEREOF , the signatories have executed this Employment Agreement as the day and year first above written. For Company Name Candidate Name Name: Title: ANNEXURE 1 SCOPE OF SERVICES The Employee of the Company shall be bound by this Agreement to fulfill the following services for the Company: Title: Responsibilities & Duties: ANNEXURE 2 COMPENSATION LETTER The Employee shall be entitled to receive compensation in accordance with the terms set forth in this Compensation Letter for any and all the services of every nature rendered and to be rendered by the Employee in connection with his employment with the Company as laid down in this Agreement in India. The Employee shall be bound by the terms and conditions set forth in this Agreement. Annual Compensation Your total annual compensation and benefits (the total cost to company) shall be equivalent to Rs. In figures (Rupees In words) as specifically defined below: s Company name CTC Breakup (With PF) Name of Employee: Designation Level Date of Joining: Sr. No. Particulars Amount (Monthly) Amount (Yearly) 1 Basic Salary 2 House Rent Allowance 3 Conveyance Allowance 4 Medical reimbursement 5 Special allowance Monthly Gross 6 Medical reimbursement (Quarterly) 7 Leave Travel Allowance 8 Provident Fund (Employer Contribution) Annual Gross 10 Gratuity (Payable after 5 years service) Cost to Company Other Benefits As applicable
- APPOINTMENT LETTER OF A PROBATIONER
APPOINTMENT LETTER OF A PROBATIONER ................... ................... Date................. To, Shri ........................... ................................ Dear Sir, With reference to your application dated ...................... for the captioned post and subsequent test and interview, we are pleased to advise you that you have been selected as a probationer for a period of two years in the ............. department of the company on the following terms and conditions: 1. Date of appointment You will be appointed as a probationer with effect from ................ 2. Probation period The probation period will be one year. However, the said period can be extended at the discretion of the company for a further period of ..................... years. 3. Salary during probation During the probation period, you will be entitled to fixed salary of Rs. .................. per month. 4. Appointment after expiry of probation period, in case found suitable If after the expiry of probation period, you are found suitable by the company, you will be confirmed in your appointment on a salary of Rs. ...................... in the scale of ......................... plus other admissible allowances and contributory provident fund. If you are not found suitable for the job, your appointment will be terminated at the discretion of the company and in case of such termination you will have no right or claim against the company. 5. Standing orders You shall abide by the terms and conditions of the standing orders and the rules of the company as in force from time to time. 6. To obey orders and directions of the Manager You shall obey the orders, directions of the Manager and other officers of the company. In case you are agreeable to the above please confirm and sign duplicate copy of this letter as a token of your acceptance. Yours faithfully, Manager I agree and accept the above terms/conditions. Signature of the Probationer. Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/) Download PDF Document In Marathi. (Rs.40/)
- Arbitration Agreement among Members of HUF
Arbitration Agreement among Members of H.U.F., This agreement made on this __________, 2000 at ____________ between: 1. Mr. KC aged about ___ years s/o Mr. JN r/o ________________, hereinafter called the 1st party. 2. Mr. PC aged about ___ years s/o Mr. KC r/o ________________, hereinafter called the 2ndparty. 3. Mr. JL aged about ___ years s/o Mr. KC r/o ________________, hereinafter called the 3rd party. 4. Km. KV aged about ___ years d/o Mr. KC r/o _______________, hereinafter called the 4th party. 5. Mr. JN aged about ___ years s/o Mr. KC r/o ________________, hereinafter called the 5th party. Whereas the above parties are members if a Joint Hindu family and has joint assets and business. And whereas differences have arisen among the parties in connection with their rights in assets and business. And whereas the parties are not agreed in connection with division of assets and business. And whereas parties have named also claim regarding acquiring of certain properties out of their personal resources, which are not to be divided. And whereas parties have agreed to refer the matters to two arbitrators namely: i. Mr. PK aged about ___ years s/o Mr. JN r/o _________________, and ii. Mr. KL, aged about ___ years s/o Mr. JK, r/o _________________. NOW THIS AGREEMENT WITNESSES AS UDNER:- 1. That arbitrators shall decide the value of the joint family property and shall determine the division of the same among the members. 2. That the arbitrators shall determine the assets and shall determine the value of the goodwill of the business and shall distribute the same among the parties. 3. That the arbitrators shall divide the business and family property among the parties in the manner they decide. 4. That the arbitrators shall determine the share of unmarried daughter, which shall be given to 1st party for safe custody and give her after her marriage. 5. The arbitrate shall be entitled to award compensation in money form one party to another in order to equalize the share. 6. That the arbitrators shall be entitled to sell the property, which is not divisible and distribute the sale proceed among the parties. 7. The arbitrators shall also be entitled to partition any of the joint family property, build the structure or demolish any of them as they may think fit. 8. That the arbitrators, may issue notices in writing, mentioning the date and place of hearing, on which date the parties are bound to attend for providing evidences in connection with their claims. 9. That the arbitrators shall be entitled to appoint an accountant for accounting purposes, whose remuneration shall be included in the arbitrators fee, which they will charge. 10. That the arbitrator’s award shall be final and binding on all the parties, their successors, assignees and legal representatives. 11. If the arbitrators differ, they will appoint an umpire whose decision shall be find. The above named and parties do hereby agree to all the terms and conditions mentioned above without any duress, coercion or undue influences and after fully understanding the terms and conditions of this deed of arbitration and bind ourselves, our heirs, assignees and legal representatives , and do hereby put our hands on this ___________, 2000 in the presence of the following witnesses: Witnesses: Name…………. 1st party……………… Address……… Name…………. 2nd party……………… Address……… Name…………. 3rd party………………. Address……… Name…………. 4th party………………. Address……… Name…………. 5th party………………. Address…… Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Appointment of Lecturer/Teacher
Appointment of Lecturer/Teacher Dated………… To, .................................... .................................... Subject: Appointment for the Post of Lecturer/Teacher Dear Sir, With reference to your application dated ………. and the interview held on ………. in connection with your appointment as a lecturer/teacher/teacher, we have the pleasure to offer you the post of Lecturer/Teacher for………………..……….. (Subject) in this college/school on the following terms & conditions :- 01. You shall be on probation for a period of …….………. from the date of your joining. The said period of probation shall be liable to be extended further purely at the discretion of the Governing Body/Managing Committee/Appropriate Authority of the college/school and during or after the expiry of the said probationary period or the extended period, the Governing Body /Managing Committee/Appropriate Authority of the College/school shall be within its right to terminate your services without any notice or assigning any reasons thereof. You will also continue to be on probation unless confirmed in writing by the Governing Body/Managing Committee/Appropriate Authority of the College/School. 02. You will be paid a salary of Rs………in the sale of Rs……….. besides other allowance as admissible to the teaching staff. 03. That the annual increment in the aforesaid pay-scale will not be claimed as a matter of right but has to be earned. It is liable to be withheld as per assessment and general discretion of the Governing Body/Managing Committee/Appropriate Authority of the College/school. 04. That the payment of your salary will be subject to the deduction of income-tax payable on the income of your salary. 05. On confirmation, your services will be liable to be terminated on one Month’s notice or salary in lieu thereof except on disciplinary grounds in which case no such notice or payment in lieu thereof shall be necessary. Similarly, if you choose to leave the services of the College/school, you will have to give one month's notice or salary in lieu thereof. 06. In case of your absence from duty for ten consecutive days without any reasonable cause or if you proceed on leave without obtaining prior permission or overstay the sanctioned leave, the Management will be within its right to draw a presumption that you have abandoned the employment on your own accord without making reference to you. 07. Your appointment and continuation in employment and continuation in employment of the college/school is subject to your being physically and mentally fit and the Management of the College/School shall have the right to get you examined/re-examined by any Registered Medical Practitioner whose findings shall be final and binding on you. 08. You shall be the whole time employee of the College/school and shall not without the permission of the management engage your self in any work, profession or employment either honorary or otherwise during the period of your employment in the college/school. 09. You will not enter into any monetary transaction with any student or his parents or guardians and shall not misuse your position as a lecturer/teacher for personal gains. You will not conduct yourself in such a manner that you may have to incure debt beyond your means. 10. You will not accept or permit any member or your family or any other person or representative to accept any gift including free transport, lodging or any other service or any pecuniary advantage/ benefit from any student, parent/guardian or any such student or other person with whom you may come into contact by virtue of your employment in the college/school. 11. You will confirm to all rules and regulations either existing or amended or extended from time to time in the college/school and shall carry out all other lawful order instructions of the Governing Body/Managing Committee/Principal/Head of the Department or any superior officer given to you in connection with the day to day discharge of your duties. 12. You shall not practice or incite any student to practice customs, communalism or untouchability; or cause and/or incite to be caused any other person to damage the property of the college/school or encourage or incite any student, Lecturer/Teacher or any member of the staff to behave in a disorderly manner in the premises of the College/School; or organize or attend any meeting during the College/school hours except when you are required or permitted by the Governing Body/Managing Committee of the College/school/Principal/Appropriate Authority to do so. 13. During exigencies of service your services shall be liable to be transferred from one place to another and/or from one College/school to another either existing or otherwise, being run by the Governing Body/Managing Committee and/or from one post to another purely at the discretion of the Governing Body/Managing Committee of the College/school due to exigencies of service. 14. You will be retired on attaining the age of..…........ years or even earlier through the Governing Body/Managing Committee of the College/School may grant extension of one or two years purely at their discretion or due to the exigencies of service subject to your remaining physically and mentally fit. The extension cannot be claimed as a matter of right or precedent. In case, the above terms and conditions of service are acceptable to you, please return the carbon copy of the offer of appointment after affixing your signature on the same in token of your acceptance and to make commitments to present yourself for duty within three days from receipt thereof. Yours faithfully For…………………………….. SECRETARY Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.40/) Download PDF Document In Marathi. (Rs.40/)
- Appointment of Sole Arbitrator on Default of Other Party
Appointment of Sole Arbitrator on Default of Other Party Whereas you had been appointed on ………..by me to act as an arbitrator under the agreement of reference dated…………(or the arbitration clause in deed, dated…………..)on my behalf; and Whereas the other party viz.…………..had appointed Sri…………as his arbitrator; and Whereas the other party has failed to appoint an arbitrator within 30 days from the receipt of request to do so from the other party; Now pursuant to the power conferred on me by virtue of the provisions of Arbitration & Conciliation Act, 1996, and upon request of the party, I hereby appoint you to act as the sole arbitrator in the matters in dispute referred to you for arbitration. Dated………… (Sd.)………………. Download Word Document In English. (Rs.15/-)
- Appointment Letter to a Clerk/Office Assistant
Appointment Letter to a Clerk/Office Assistant Ref. No. …………………….. Date :……………….. To, ........................................ ........................................ Re : Appointment of Clerk/Office Assistant. Dear Mr. We refer to your application dated …….. and later on interview you had with us. We are pleased to appoint you as a Clerk/Office Assistant in our Organisation at our ……………………. with effect from ………………..on a consolidated salary of Rs. ……………….. per month. Details of terms and conditions of service are indicated hereunder please sign the duplicate copy of this letter as a token of your acceptance to the terms and conditions of service. Wish you all success. For……………………….Co., DIRECTOR/MANAGER/AUTHORISED/ COMPETENT PERSON TERMS AND CONDITIONS OF SERVICE 1 . Your employment in our company shall be on a probationary of …… months from the date of appointment. The probationary period may be extended if deemed necessary, if your performance, conduct etc, is found satisfactory. 2. During the probationary period your services are liable to be terminated without any notice and without assigning any reasons. 3. After written confirmation your services can be terminated by giving ………. month's notice or pay in lieu thereof with or without assigning any reasons therefor. 4. You shall faithfully and to the best of your ability per for my/our duties that may be entrusted to you by the Management. You will be bound by the rules, regulations and orders promulgated by the Company from time to time in relation to conduct, discipline, retirement and any other matter. 5. You are liable to be transferred to any place in India or abroad to any of the existing or future branch offices or subsidiaries or associated companies. In such cases, you will be automatically governed by the terms and conditions of the services applicable at the new location. 6. You will be entitled to …… days earned privilege leave after each completed year of service and such leave may be accumulated up to a maximum of …………days. You shall be punctual and will apply for the leave in advance whenever possible though the leave credit will be given to you for the of probationary period, you cannot avail leave with pay during this period. 7. The quantum and timings of future increments or promotions shall be based among other things, on merits, and performance, exigencies of the business and shall be at the absolute discretion of Management. I have read, understood and accepted For……………………….Co., DIRECTOR/MANAGER/AUTHORISED/ COMPETENT PERSON Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- Form Of Arbitration Clause In An Agreement
Form Of Arbitration Clause In An Agreement Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement (deed) or the subject matter thereof shall be referred to the arbitration of XY, etc. or if he shall be unable or unwilling to act, to another arbitrator to be agreed upon between the parties or failing agreement to be nominated by…………or, failing agreement to two arbitrators one to be appointed by each party to the difference (whether consisting of one or more than one person) and in case of difference of opinion between them to an umpire appointed by the said two arbitrators before entering on the reference and the decision of the arbitrator ( or such arbitrators, or umpire as the case may be) shall be final and binding on the parties. OR In the event of any dispute, difference or question arising out of or in respect of this agreement or the commission of any breach of any terms thereof or of compensation payable thereof or in any manner whatsoever in connection with it, the same shall be referred to the Chamber of Commerce……….(or the Association of………..) for arbitration as provided in Rules framed by the said Chamber (or Association) for the purpose. The decision or award so given shall be binding on the parties hereto. Advertisement OR All disputes arising between the partners as to the interpretation, operation, or effect of any clause in this deed or any other difference arising between the partners, which cannot be mutually resolved, shall be referred to the arbitration of…………failing him to any other arbitrator chosen by the partners in writing. The decision of such an arbitrator shall be binding on the partners. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- Appointment of a Consultant
Appointment of a Consultant THIS AGREEMENT executed at ________ this _________ day of ____________ 200 BETWEEN RONAK IMPEX PVT. LTD., a company incorporated under the Companies Act, 1956, having its registered office at _________________________________, hereinafter referred to as “THE COMPANY” of the ONE PART; AND ________________, of _________, Indian Inhabitant, residing at _________________________________ hereinafter referred to as “THE EXECUTIVE CONSULTANT” of the OTHER PART; WHEREAS: (a) The Company inter alia is acting as the agents for distribution of ___________ and various other products of different manufacturers like ________________________________ and various other manufacturers ( hereinafter referred as “ the principals ” of the Company); (b) The Company requires a technically qualified person for providing technical services to its customers and dealers in respect of consumption of their products and for dealing with them on behalf of the Company; and (c) The Executive Consultant being a technically qualified person, the Company has agreed to engage his services to provide and the Executive Consultant has agreed to provide services as set out on the terms and conditions and for the duration mentioned hereinafter. NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:— 1. The Company hereby engages the Executive Consultant to provide and the Executive Consultant shall provide technical services in respect of the products being distributed by the Company for the minimum fixed period of three years commencing from ______________. The said period may be extended for such further period upon such terms as may mutually be agreed upon hereafter. 2. The Executive Consultant shall render services as under:— (a) To provide technical data, explanations and advice to the Company and its customers and theirs representatives in respect of the goods of the Company’s Principals and in which goods the Company shall deal from time to time; (b) To render all assistance for sales promotion of such goods; (c) To assist and suggest in removing technical defects in such goods and customers, complaints; (d) To supply all advice and assistance within his power in any matter relating to the Company or its business or administration as and when required by the Company; (e) To provide necessary training to Company’s technical as also commercial staff. 3. The engagement of the Executive Consultant shall be contractual employment and full time employment during the contracted period. 4. In consideration of the services to be rendered by the Consultant, the Company agrees to pay to the Executive Consultant as his annual consolidated remuneration as under:— (a) For the whole of the first year a consolidated sum of Rs._______/- (Rupees ___________________ only) (b) For the whole of the second year a consolidated sum of Rs.__________/- (Rupees _______________________ )and (c) For the whole of the third year a consolidated sum of Rs._________/- (Rupees _____________________ only) The aforesaid amount shall be inclusive of all perquisites and allowances and no separate claim for any salary, bonus, Provident Fund or any other allowance shall be made. The aforesaid consolidated amount shall be divided in 12 equal monthly installments and will be paid every month accordingly after deduction of tax (TDS), as may be applicable in law. Though the payment agreed is consolidated for a year, the payment shall be considered and made for the actual months for which services are rendered. In addition to the above, travelling expenses and conveyance charges of the Consultant shall be payable extra on actual basis. Executive Consultant shall pay his Income-tax on the remuneration received by him. 5. The Executive Consultant shall work exclusively for the company and render his services and technical know-how exclusively for the company on the basis of full time engagement. It is expressly agreed that during the contracted period he shall not provide any kind of services to any other person. 6. The Company is having its branches all over India. The Executive Consultant is initially required to render his services from Company’s Office at _________. The Executive Consultant will make his own arrangement for his stay including lodging and boarding at ____________ at his own cost. If the Consultant is required by the Company to visit other places or cities in India on Company’s work and/or in connection with the business of the Company, he will be paid his actual travelling and lodging and boarding expenses on the basis of actual. No additional remuneration will be paid or claimed for such services rendered outside __________. 7. The services of the Executive Consultant are transferable in any part of the country as may be desired by the Company and the Executive Consultant agrees to accept such transfer to any place outside _________ and/or from the place to another without any demur. 8. The Executive Consultant shall:— (a) Carry out his duties honestly, sincerely, diligently and to the best of his ability and do everything within his power to safeguard the interest of the Company and will devote his whole working time to the Company. (b) The services hereunder shall be performed for the Company, its subsidiaries and all associated concerns with which the Directors of the Company or their family members are connected. (c) Will carry out all directions or instructions received by him from the Company. (d) Will not divulge or disclose to anybody the business secrets of the Company or the technical data or know-how of the products and other information in respect thereof, not only during his services but even after he ceases to be in the service of the Company. (e) Will not, if and when he ceases to be in the service of the Company either on expiry of the term or for any other reason, accept any employment with any other employer (including any of the principals of the Company) or directly or indirectly render services to persons carrying on similar business as that of the Company at least for a minimum period of three years from the time he ceases to be an employee of the Company. (f) Will attend the office on every working day during office working hours of the Company. (g) Will not directly or indirectly communicate or deal with any principals of the Company except on behalf of the Company and in the name of and as directed by the Company; and (h) Will from time to time update himself in his field with the latest technical know-how and the market strategy. 9. Notwithstanding anything herein provided, the Company will be entitled to cancel this agreement and terminate the services of the Executive Consultant by giving three months prior notice of writing or on payment of three months remuneration in lieu of notice, if (i) the Company is not satisfied with his work or (ii) is found guilty of misconduct. In this respect the decision of the Company will be final and conclusive. Provided, however , that in case of misconduct the Executive Consultant will be given an opportunity to explain his conduct before any such termination. It is clarified that the restrictions imposed on the Executive Consultant under this agreement after he ceases to be in the employment of the Company, shall be applicable to him even if his services are terminated by the Company as provided above. The Executive Consultant shall upon termination of this agreement deliver up to the Company all correspondence, documents and property of the Company in his possession or control. 10. If the Executive Consultant shall resign from his services before the expiration of the contracted period or any extended period thereof, he will be liable to pay to the Company a sum of Rs.__________/- (Rupees _____________ only) as liquidated damages . If at any time hereinafter, the Executive Consultant is sent abroad for training by the Company, the aforesaid amount of liquidated damages shall stand increased as may be mutually decided. 11. In case of any dispute touching this contract, the Courts at __________ alone will have jurisdiction. IN WITNESS WHEREOF the parties have executed these presents on the day and year first hereinabove written. THE COMMON SEAL OF the ) M/S. RONAK IMPEX PVT. LTD., ) THE COMPANY above named ) is hereunto affixed pursuant to the ) resolution of its Board of Directors ) passed in that behalf, on the ______ ) day of ___________ 200___ ) in the presence of (1)______________, ) Managing Director and ) (2) __________________, Director ) and in the presence of:— ) SIGNED AND DELIVERED ) By THE EXECUTIVE CONSULTANT ) Above named in the presence of …….. ) Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.30/-)
- Dismissal Order
Dismissal Order Date:……… To, Mr……………… ............................ This has reference to the charge-sheet dated…………… given to you and the subsequent enquiry held by the Enquiry Officer on various dates. The Enquiry Officer has submitted enquiry report to the Management. On a very careful consideration of the enquiry proceedings and the various statement, exhibits, etc., we have come to the conclusion that the charges specified in the charge-sheet have been fully proved against you :- After taking into account the gravity of the misconducts committed by you and your past record of service and on a very careful examination of the case as a whole, it has been decided to dismiss you from the Company's service with effect from …………Your salary for the month of…………… your leave salary and gratuity, if any, and any other payments due to you, will be made by the Accounts Department if you have any property of the company then you have to surrender the same to the company and obtain NOC that no property of the company laying with you then only company will pay you dues. As regards your Provident Fund dues, you should approach the Regional Provident Fund Commissioner…………. CHIEF MANAGER Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- APPOINTMENT OF AN ATTORNEY IN PLACE OF ANOTHER
APPOINTMENT OF AN ATTORNEY IN PLACE OF ANOTHER LET IT BE KNOWN TO ALL MEN THROUGH THESE PRESENTS that I.s/o.r/ohad appointed Shri..s/o..r/o..to be my attorney for a specific purpose with specific powers under power of attorney dated..executed by me. That now I intended to remove the aforesaid attorney Shri..s/or/oand want to appoint Shris/o..r/o..as my attorney in his place. THE POWER OF ATTORNEY, THEREFORE, WITNESSES AS UNDER: 1. Now I hereby revoke and cancel all the powers and authorities given by me to my attorney Shri.s/o..r/ounder the power of attorney dated 2. I do hereby appoint Shri..s/o..r/omy attorney in my name and on my behalf to perform all acts and exercise all powers and authorities stated in the said power of attorney date The name of Shri..s/or/o.as my attorney shall be deemed to have been inserted in place of Shri.s/o.r/o..in the power of attorney dated.since the very beginning. All acts lawfully executed by the aforesaid Shri..for me under powers given in the power of attorney datedand this present deed shall be duly ratified and confirmed by me. IN WITNESS WHEREOF etc. etc. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Assignment of Partnership Firm’s Business to the Private Limited Company
Assignment of Partnership Firm’s Business to the Private Limited Company (incorporated with a view to taking over firm’s business) THIS DEED OF ASSIGNMENT made at ___________ this ____ day of ____________ 200___ between M/s. ABC, a Partnership Firm registered under the Partnership Act, 1932 having its Registered Office at _____________________ _________________________________________, represented by its partners (i) ______________________________________ (ii) _____________________________ and (iii) ___________________________, hereinafter called ‘The Assignor’ (which expression shall unless repugnant to the context or meaning thereof be deemed to include the said firm, the partners for the time being of the firm, the survivors or survivor of them and the heirs, executors and administrators of last surviving partner and their/his/her assigns) of the One Part; and M/s. XYZ PRIVATE LIMITED, a Company incorporated under the Companies Act, 1956, having its Registered Office at _______________, hereinafter called ‘The Assignee’ (which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and Assigns) of the Other Part. W H E R E A S: (a) The Assignor is carrying on its business of manufacture and sale of pharmaceuticals and chemicals in the name and style of “ABC PHARMA AND CHEMICALS” and has its factory premises at Village ______________, Taluka ______________, Dist. _____________. (b) The Assignor is seized and possessed of or otherwise well and sufficiently entitled to the immovable property at Village _________, Taluka _________, District ___________ and more particularly described in the SCHEDULE hereunder written (hereinafter referred to as “the said property” ) and on which property the Assignor has constructed it’s factory premises. (c) The Assignor is also possessed of plant, machinery, equipment and tools etc. (hereinafter collectively referred to as “the said plant and machinery”) in its said factory and are running the said factory and the business with all necessary licences. (d) The Assignee is incorporated with a view to taking over the business of the Assignor’s partnership firm with its main object as “to take over running business of partnership firm of M/s. ABC”. The partners of the Assignor’s partnership firm are also the Directors and shareholders in the Assignee Company. (e) The Assignor has agreed to sell and assign and the Assignee has agreed to purchase from the Assignor, as a going concern, the said business of the Assignor along with its immovable properties and movable assets including the firm name alongwith its goodwill as incidental to the assignment of the said business together with benefits of all licences pertaining thereto for the consideration and upon the terms recorded herein; (f) By its Board Resolution dated _______, the Assignee has resolved to enter into and execute this Deed. (g) The parties are desirous of recording the terms and conditions agreed between them as appearing hereinafter. NOW THIS DEED OF ASSIGNMENT WITNESSETH and it is hereby mutually agreed by and between the parties hereto as follows: 1. The Assignor hereby assigns, sells, transfers and conveys absolutely and the Assignee hereby acquires free from all encumbrances and reasonable doubts, all and singular the Assignor’s said business of “ ABC PHARMA AND CHEMICALS ” as a going concern with effect from _______________ (hereinafter referred to as ‘the Effective Date’ ) along with its business, goodwill, name, trade name, rights and assets listed below (hereinafter referred to as “the said business” ): (a) the freehold land admeasuring approximately _________ together with the constructed building/s thereon admeasuring _______ Sq. Mtrs. and more particularly described in the SCHEDULE hereunder written and hereinafter referred to as ‘ the said immovable property’ together with water drawing rights, electric power connections including cable connections from ____________ State Electricity Board Sub-Station to the said immovable property and the factory premises and all other rights directly and/or indirectly attached and available to the said immovable property; (b) all fixed and loose plant and machinery and tools and all furniture (fixed or loose), fixtures, fittings, laboratory instruments/equipment, spare parts, dyes, and all connected accessories thereof. (c) all current Assets of the said business; (d) the Assignor’s goodwill of the said business and the right to represent the Assignee as carrying on/continuing in business in succession to the Assignor’s said business and to use the name of the said business, as the Assignee’s business; (e) the full benefits of all patents, trade marks, designs, discoveries, inventions, secret processes, licences, approvals etc. thereof; (f) all policies of insurance in respect of assets and the said business; and (g) the net current assets namely existing stocks, raw materials, finished and unfinished products, materials in process, stores, packing material etc. 2. On and from the effective date, all the aforesaid assets of the said business of the Assignor shall stand vested absolutely in the Assignee as full owners thereof and as from the said effective date, the operations of the said business shall and are to the account of the Assignee as owners thereof. The Assignor is executing the present Deed of Assignment in favour of the Assignee for effectively vesting the said assets in it as owners thereof, the Assignee having the full benefits thereof pursuant to Assignment hereunder. 3. (a) The total consideration for the sale of the said business together with all its assets as aforestated by the Assignor to the Assignee is fixed at Rs. _______________ (Rupees ______________________ only) and the payment of the said consideration shall be satisfied by allotment and issuance of the fully paid up equity shares in capital of the Assignee’s Company to the Assignor and/or it’s partners equivalent to the aforesaid consideration namely:- Sr.NamesEquity Value of Total value No.shareseach share of shares (Rs) (i) (ii) (iii) Total (b)It is hereby recorded that the aforesaid shares are allotted and issued by the Assignee in the capital of the Assignee as fully paid up shares. (c) The aforesaid consideration is bifurcated as under :— (i) Rs.____________/- (Rupees _________________ ______________________ only) towards the price of the said immoveable property; (ii) Rs.____________/- (Rupees _________________ ______________________ only) towards the price of business and goodwill; and (iii) Rs.____________/- (Rupees _________________ ______________________ only) towards the price of movables and other items. 4. The parties covenant that:— (a) It shall be the sole obligation of the Assignor to pay and discharge all the outstanding debts and liabilities of the said business payable as on the effective date. (b) On and after the effective date, it shall be the sole obligation of the Assignee to meet all the debts and liabilities of the said business. (c) If required, the liabilities which cannot be separated as on the effective date relating to the said business, shall be apportioned between the parties. 5. The Assignee is taking over the services pertaining to the business of the Assignor of all the existing employees and workmen as from the effective date on their current remuneration and the terms and conditions governing their services and as from the effective date by operation of law as also by virtue of this Deed all such employees of the said business shall be deemed to be the employees of the Assignee. However, all the liabilities of the said employees including provident fund, gratuity, pension, leave allowance, etc. till the effective date shall be on account of the Assignor. 6. The Assignee is entitled to get all the business licences/statutory approvals of the said business transferred in its own name. 7. In consideration aforesaid, the Assignor doth hereby grant, convey, transfer and assure unto the Assignee ALL THAT piece or parcel of land together with structures standing thereon and more particularly described in the SCHEDULE hereunder written (hereinafter referred to as “the said property”) TOGETHER WITH all and singular the houses, outhouses, edifices, buildings, court yards, areas, compounds, sewers, drains, ditches, fences, trees, plants, shrubs, ways, paths, passages, commons gullies, wells, waters, water-courses, lights, liberties, privileges, easements, profits, advantages, rights, members and appurtenances whatsoever to the said property or any part thereof belonging or in any wise appertaining to or with the same or any part thereof now or at or any time hereto for usually held, used, occupied or enjoyed or reputed or known as part or member thereof and to belong or be appurtenant thereto AND ALL THE ESTATE right, title, interest, claim and demand whatsoever at law and in equity of the Assignor in to, out of or upon the said property or any part thereof TO HAVE AND TO HOLD all and singular the said property hereby granted, conveyed, transferred and assured or intended or expressed so to be with their and every of their rights, members and appurtenances (all which are hereinafter called “the said premises”) UNTO AND TO THE USE and benefit of the Assignee for ever AND THAT it shall be lawful for the Assignee from time to time and at all times hereafter peaceably and quietly to hold under upon occupy, possess and enjoy the said premises hereby granted, conveyed, transferred and assured with their appurtenances and receive the rents, issues and profits thereof and of every part thereof to and for its own use and benefit without any suit, lawful eviction, interruption, claim and demand whatsoever from or by the Assignor or its successors and Assigns or any of them from or by any person lawfully or equitably claiming or to claim by from under or in trust for them or any of them AND THAT free and clear and freely and clearly and absolutely acquired, exonerated, released and for ever discharged or otherwise by the Assignor well and sufficiently saved, defended, kept harmless and indemnified of from and against all former and other estates, title, charges and encumbrances whatsoever either already or hereafter had made, executed, occasioned or suffered by the Assignor or by any other person or persons lawfully or equitably claiming or to claim by from under or in trust for them AND FURTHER that the Assignor shall and will from time to time and at all times hereafter at the request and cost of the Assignee do and execute or cause to be done and executed all such further and other lawful and reasonable acts, deeds, matters, things, conveyances and assurances in law whatsoever for the better further and more perfectly and absolutely granting unto and to the use of the Assignee in manner aforesaid as shall or may be reasonably required by the Assignee its successors or assigns or its or their counsel in law for assuring the said premises and every part thereof hereby granted, conveyed, transferred, and assured unto and to the use of the Assignee in manner aforesaid. 8. Pursuant to the aforesaid, the Assignor doth hereby agree to indemnify and keep indemnified the Assignee and its successors against all loss, charges, costs and expenses it may incur or suffer on account of Assignor’s liability of the said business prior to the effective date. 9. The Assignor declares and has represented to the Assignee that:- (a) the Assignor is the sole and absolute owner of the said business as also of the immovable and movable properties thereof referred to above and has absolute and sole right to hold, use, occupy and possess the same. (b) the said property, the said business and all its assets are free from all claims and encumbrances and reasonable doubts of any nature whatsoever and the same are not attached either before or after judgment or at the instance of any taxation authority or any other authorities and the Assignor has not given any undertakings to the taxation authorities or any authorities so as not to deal with or dispose of the right, title and interest in the said property/business. (c) the Assignor has not entered into any arrangement, agreement or commitment in respect of the said property/business nor created any third party rights in respect of the same or any part thereof. (d) For effectively transferring the said business and its’ assets in terms of this Deed of Assignment, the Assignor shall at all material times, as may be reasonably required by the Assignee, execute all necessary writings, deeds, declarations etc. at the cost of the Assignee. 10. All the cost of transfer including Stamp Duty, Registration Charges, and all other applicable taxes, levies etc. shall be borne and paid by the Assignee alone. 11. The parties hereto shall comply with all the provisions of the Company Law and other applicable laws to the transaction. 12. In the event of any dispute arising between the parties hereto and which cannot be mutually resolved within a reasonable time; the same shall be referred to the Arbitration under the provisions of The Arbitration and Conciliation Ordinance, 1996 or any other prevailing Arbitration law. The Arbitration shall be held in the city of ______________. 13. The Courts at ______________ alone shall have jurisdiction to try and entertain all disputes between the parties hereto. THE SCHEDULE ABOVE REFERRED TO (Give detailed description of the properties including structures) IN WITNESS WHEREOF the parties hereto have executed these presents and a duplicate thereof the day and year first hereinabove written. SIGNED AND DELIVERED by ) M/s. ABC, a registered partnership ) Firm through its partners ) (i) _________________________ ) (ii) _________________________ ) and (iii) _______________________ ) in the presence of ) 1. 2. THE COMMON SEAL of the ) Within named Assignee ) M/s. X Y Z PRIVATE LIMITED ) was hereunto affixed pursuant to the ) Resolution of their Board of ) Directors passed in that behalf, ) on the ______ day of ______ 200__ ) in the presence of (1) _____________, ) Managing Director and (2)__________ ) Director and in the presence of _______ ) Witness: 1. 2. Download Word Document In English. (Rs.60/-) Download PDF Document In Hindi. (Rs.60/-)
- DEED OF TRUST FOR HELPING POOR CHILDREN
DEED OF TRUST FOR HELPING POOR CHILDREN THIS DEED OF TRUST MADE ON THIS...................................... day of ................................. at............................ between...................................................................... presently residing at.................................................... (hereinafter called the Author of the Trust) of the one part and............................................................................................................ presently residing at...................................................................................................... which expression shall whereever the context so admits or requires be deemed to include the said Trustees and the survivor or survivors of them and the heirs, executors and administrators of such survivor, their or his assigns and the Trustees, Trustee for the time being of these presents of the other Part. WHEREAS the Author of the Trust desires to establish in perpetuity a fund with the object of (1) Helping poor children by sponsoring them for higher education. (2) Sponsoring visits of school-children selected from various schools (3). By providing school uniforms, books, fee etc. (4) Vocational training, free-coaching for various courses. (5) Old age home. (6) Shelter for homeless children. (7) Medical facility for poor/rural people. (8) Plantation. (9) Sports and (10). To render help and assistance to victims of natural calamities. AND WHEREAS for the aforesaid purpose of giving effect to such desire the Author of the Trust has delivered Rs............. (Rs................. only) to the Trustees with the intention that they shall hold the said sum and income arising therefrom upon Trust and subject to the power and provisions hereinafter declared of and concerning the same which the Trustees have agreed to do. AND WHEREAS the Trustees have agreed individually and collectively to act as such and have already taken possession of the said cash in pursuance of the aforesaid desire of the Author of the Trust, who has irrevocably transferred and handed over the same to the trustees for the purposes of the Trust as aforesaid. NOW THEREFORE THIS DEED OF TRUST DECLARES AND WITNESSETH- 1. That in pursuance of the premises above the Author of the Trust as settlor doth hereby convey unto and settle upon the trustee the cash to hold the same upon Trust and the Trustees do each of them doth hereby admit and acknowledge the transfer to them with powers and subject to the uses mentioned hereinafter. 2. That the name of the Trust shall be.................................. Public charitable trust with its registered office at............................................................................... 3. That the trust has been established with the object of (1) helping poor children by sponsoring them for higher education. (2) Sponsoring visits of school children selected from various schools. (3) By providing school uniforms, books, fee etc. (4) Vocational training, free-coaching for various courses. (5) Old age home. (6) Shelter for homeless children. (7) Medical facility for poor/rural people. (8) Plantation. (9) Sports and (10) To render help and assistance to victims of natural calamities. 4. That the Trustee shall stand possessed of cash hereby conveyed and settled upon and shall use and apply the interest, the profit and other income derived thereby for the purpose and object of the Trust as aforesaid. 5. That the cash hereby conveyed to the Trustees shall form the corpus of the Trust property but the Trustees shall have power from time to time to increase or decrease the corpus of the Trust excepting in exceptional circumstances of need and only on the unanimous decision in that regard of the Board of Trustees at the material time. 6. That the Trust shall be governed by a Board of Trustees. The Board of Trustees for the time being shall constitute of trustees hereinbefore mentioned which is hereby authorized and empowered to nominate any other person as trustee as long as the total number of the trustees at any time does not exceed five. In the event of death, incapacity, insolvency, resignation or refusal on the part of any trustee to act as such, the remaining trustees shall be entitled to nominate any other person as they think fit and proper to act as trustee in place of the trustee so dying, incapacitated, declared insolvent, resigning or refusing to act as such. The nomination of any person as a trustee shall be either unanimous or by a majority decision and in the event of the trustees being equally divided on the nomination of any person, the decision in the matter of the managing trustee shall be final and conclusive. 7. That the administration of the trust hereby constituted and the entire control, supervision, regulation, management of the trust property and even the application of the entire or a part of the income and the profits thereof as also of all the donations and contributions and subscriptions, if any, received by it shall vest in the uncontrolled discretion of the Board of Trustees subject however always to the provisions contained as hereinbefore. 8. That the Board of Trustees may frame rules and regulations for the administration of the Trust and for carrying out the purpose and object thereof and the same may be varied, altered, substituted or added to from time to time by a unanimous decision of the Board of Trustees with a view to introduce more effective administration and carrying out the purpose and the object of the trust. Such rules may specifically provide the basis or criterion of the selection of the students for the award of the scholarships in a most benefiting manner, and may even make provision for the selection of the students for grant of the scholarships by the Education Department of the State Government in which the engineering or medical college or university is situate, or else by the college or the university concerned, subject however always to the condition that in no case such selection shall be done on the basis of the caste, creed or religion to which any student belongs. 9. That the Board of Trustees shall have power to accept donations from other in cash only either with or without any special conditions attached thereto PROVIDED that any such condition does not contravene the provisions of clause 3 thereof. Subject to the same restriction, the Board of Trustees may at any time invite and receive from any person or persons whomsoever periodical contributions or subscriptions for the support and benefit of the trust hereby constituted and declared. 10. That the Board of Trustees may elect or nominate any one of them as the Managing Trustee for any period of time, but the first Managing Trustee shall be................................... and she shall hold that office and position upto the time of her death, incapacity, insolvency, resignation or refusal to act as such. 11. That the first meeting of the Board of Trustees shall be held within three months of the date of the execution of this deed and shall be summoned by the Author of the trust by giving at least seven days notice in writing to all the trustees to be held at such place and time as may be specified in the notice and in that meeting all relevant matters relating to the trust shall be considered in all possible details and particularly the ways and the manner to give effect to the provisions of the deed of trust and to attain the object and purpose of this trust. 12. That the trustees are hereby authorized and empowered to appoint a secretary to carry out the duties assigned to him in relation to the execution of this trust and to pay to him out of the trust fund such salary as the trustees for the time being may think fit, provided that if any one of the trustees be appointed as the secretary, he shall not be entitled to receive nor shall be paid any salary. The trustees may also appoint such staff as they deem expedient and necessary for the purpose of the trust at such salary as they may decide upon in each case. 13. That subject to the provisions hereinbefore contained the trustee shall not keep in hand either themselves or together with the secretary and/or any other employee of the trust or any other person at any time more than Rs......................... in cash belonging to the trust fund and all cash belonging to the trust shall be deposited with the............................. bank or any other scheduled Bank which the trustees may decide upon. The banking account relating to the trust fund shall be operated under the signatures of at least two trustees out of which the Managing Trustee shall be one, but if at any time, there is no Managing Trustee of the fund as elected or nominated as such then the banking account relating to the trust shall be operated only under the signatures of all the trustees of the fund at the material time. 14. That the trustees may in their uncontrolled discretion deposit for safe custody any documents or securities relating to or forming part of the trust property with the Bank or banks as aforesaid on payment of such charges therefor, if any, as may be agreed upon and found expedient in the interest of the trust. 15. That the meeting of the Board of Trustees may be held at such time, at such place and on such dates as may be agreed upon by the trustees. Such meetings may be summoned by any one or more of the trustees by giving at least seven days notice in writing to all the trustees, specifying the time, place and the date of the meeting, and also indicating the purpose of such meeting. But a meeting of the Board of Trustees shall be held once at least in every year to consider and adopt the accounts of the trust hereby constituted and the report concerning those accounts as prepared by a Chartered Accountant after a audit thereof. 16. That the true and proper accounts of all the receipts and disbursements relating to the trust hereby constituted shall be kept by the trustees, the secretary thereof and/or the employee(s) of the trust, who have been assigned the duty in that regard. On or after the 31st day of March each year an income and expenditure account for the whole year upto that date and a balance sheet of the assets and liabilities as on that date relating to the affirs of the trust shall be prepared latest by the 30th day of June of that year. These accounts and the balance sheet shall be duly audited and examined by a Chartered Accountant, which may be ‘engaged by the Board of Trustees for the purpose of such audit on such remuneration as they may deem necessary and desirable. As soon as may be after such audit, a meeting of the Board of Trustees shall be held at which the accounts of the trust hereby constituted and the report of the auditor concerning the same shall be examined and adopted. 17. That if trustees differ with one another in respect of any such matter with reference to which they enjoy discretion, the opinion of the majority of the trustees present and voting at the meeting shall prevail and shall be binding on all the trustees and in the event of the trustees being equally divided, the view taken by the Managing Trustee shall prevail in deciding such matter. IN WITNESS WHEREOF The Author of the Trust and the Trustees hereto have set their respective hands on this Deed of Trust in the presence of witnesses at.................................... on the day and year first above written. Witnesses ...................... Author of the Trust Address: ...................... (Trustee) Address: ...................... (Trustee) ..................... (Trustee). Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/) Download PDF Document In Marathi. (Rs.40/)







