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Deed of Conveyance by a Lunatic through his Legal Guardian or Manager Deed of conveyance made this .........day of........between Mr ''X'' a Lunatic by his manager or guardian Mr ''Y'' hereinafter referred to as the vendor of the One Part and Mr.Z hereinafter referred to as the Purchaser'') of the Other Part WHEREAS 1.     The said Mr. ''X'' is a lunatic or person of unsound mind. 2.     On his becoming lunatic or of unsound mind his brother the said Mr''Y'' made an application to the Court at District for holding an inquisition on his lunacy under Chapter VI of the Mental Health Act 1987 and on the court passing an order for inquisition the necessary inquisition was made and by an order dated the day of --- passed by the court on such inquisition the said Mr''Y'' was appointed as the manager for the management of the properties of the said lunatic. 3.     The Lunatic Mr''X'' owns certain immoveable properties including the one situated at ....... consisting of a piece of land with an old house thereon and which is more particularly described in the schedule hereunder written. 4.     The properties of the said Mr''X'' do not yield sufficient income necessary for the maintenance of the said Mr''X''. There are also some debts and liabilities payable by the said Mr. X including the liability for payment of the cost of the inquisition held into the lunacy as aforesaid. 5.     In order to pay off the debts and liabilities and with a view to make sufficient provision for the maintenance of the said Mr. X the said Mr. Y proposed to dispose of the said property described in the schedule hereunder written ad therefore he entered into an agreement for the sale of the property on the...............day of........ with the purchaser for the price of Rs...... subject to the sale being sanctioned by the Honorable High court. 6.     Accordingly the said Mr''Y'' ad application to the District Court being petition no..........for permission to sell the said property in terms of the agreement under Sec. 59 of the said Act of 1987. 7.     After making due inquiries the District Court by order date the ........day of.......... authorized the said Mr''Y'' to sell the said property in terms of the said agreement subject to terms and conditions mentioned in the said order as to utilization of the purchase price and making provision for the lunatic''s maintenance and authorised the said Mr ''Y'' as the manger of the estate of the said lunatic to execute deed of conveyance in favor of the said purchaser. NOW THIS DEEED WITNESSETH That pursuant to the said agreement and the order the District Court and in consideration of the sum of Rs---- paid the purchase as earnest money on the execution of the agreement of sale and in further consideration of the sum of Rs........paid by the purchase to the vendor on the execution of this Deed making together the said sum of Rs.................. being the full consideration to be paid by the purchase tot vendor as aforesaid (receipt whereof the vendor doth herby admit) he the vendor by his said manage doth hereby grant and convey to the purchase all that piece of land with the building thereon situate at.............. and more particularly described in schedule under together with all things permanently attached thereto and standing thereon and all the privileges, easements, profits, advantages, rights and aappurtenances whatsoever to the said property belonging and all the estate, right, title, interest, claim and demand whatsoever in law or otherwise of the vendor to the said property another premises hereby conveyed and every part thereof. To Have and to Hold the same unto and to use of purchase absolutely and forever by the subject to payment of all taxes assessments dues and duties now chargeable or payable and hereafter to become chargeable or payable in respect of the said property herby conveyed to the government or local authority or any other public body. And the said manger doth hereby covenant with the purchase that he the manager has not done any act deed or thing whereby or by means whereof he is prevented from granting and conveying the said property in the manner aforesaid. IN WITNESS WHEROF the parties have put their hands the day and year first hereinabove written The Schedule above referred to Signed and delivered by the with in named Mr ''X" by his manager Mr ''Y'' ---- in the presence of Download Word Document In English. (Rs.20/-)

Separation Agreement between Husband and Wife THIS AGREEMENT made at.......... on this .......... day of ...............2000, between A, son of B, resident of ........... (hereinafter called "the husband") of the ONE PART and Smt. X his wife (hereinafter called "the wife") of the OTHER PART. WHEREAS the husband and wife are living separately due to differences and disputes having arisen between them; and AND WHEREAS they want to live separate, apart from each other and intend to live separate at all times hereafter unless there is any reconciliation. Now this Agreement Witnesseth That: 1.     The parties shall live separately and apart from each other and no party shall have any right, authority over the other or shall institute any legal proceeding for restitution of conjugal rights or otherwise. 2.     The husband shall during the life time of the wife pay to her a sum of Rs............ p.m. for her maintenance and the maintenance of the children. However, if the wife does not lead a chaste life, the husband shall be entitled to stop the payment of maintenance allowance after giving her notice. 3.     The wife shall be entitled to the custody and guardianship of the children of the marriage, namely C and D now aged ........ years and .......... years, respectively. The wife shall maintain and educate the said children until they shall respectively attain the age of majority. The husband shall not be liable for any claim or demands of the children and the wife shall keep the husband indemnified from and against all claims and demands in respect of such children. 4.     The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the husband shall not be liable for the same. The wife indemnify and keep indemnified the husband against all claims, actions and demands on that account and if the husband has to pay any sum on account of the liabilities of debts incurred by the wife, he is entitled to deduct the same from the amount payable to the wife under this agreement. 5.     The wife may remove all her wearing apparel, jewelry and other personal effects, etc. belonging to her from the husband's place and retain the said goods as her separate properly. 6.     The husband may have the access to the children at every Sunday between 7.00 A.M. to 9.00 P.M. He may have the sole society of the children in the said timings on the said day. 7.     Notwithstanding anything contained in this agreement, it is expressly agreed that if at any time hereafter, the parties live together as husband and wife with mutual consent, then in that case, the said sum payable to the wife-under this agreement shall no longer be payable and the agreements hereinabove contained shall become void. 8.     This agreement shall be revoked by the death of either the husband or wife. 9.     This agreement shall be executed in duplicate. The original shall be retained by the husband and duplicate by the wife. In Witness Where of, the parties have set their respective hands to these presents and a duplicate hereof on the day and year first hereinabove written. Signed and delivered by the within named husband A. Signed and delivered by the within named wife Smt. X WITNESSES; 1. 2. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Agreement for Construction of Building between the Owners and The Contractors on Turnkey Basis This Agreement made at ................ on this .................. day of .......... 2000, between A S/o B resident of ............................. (hereinafter referred to as "the Employer", which expression shall unless repugnant to the context or meaning thereof, be deemed to include his heirs, legal representatives, executors and administrators) of the ONE PART and XYZ Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ...................................... (hereinafter referred to as "the Contractors" which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors and assigns) of the Other Part. Whereas the employer is desirous of constructing XYZ Bungalow and its vacant land bearing Final Plot No. ............... Survey No. ............... Khasra No. ............ situate, lying and being at .................. Tehsil and District ................... (hereinafter referred to as "the said property") and the contractors have offered to construct the same on a 'turnkey basis' and also to prepare the site layout plans, preliminary sketch designs, architectural drawings, structural drawings, service drawings and all other detailed plans and drawings as may be necessary for the proper construction and completion of the said works and also obtain necessary permissions from the Municipal Corporation ........... and other local authorities for executing and completing the said works as hereinafter specified upon and subject to the terms and conditions set forth herein and the conditions set forth in the special conditions hereto annexed and marked as Annexure 1 (all of which are collectively hereinafter referred to as "the said works") at the rate of Rs. .......... per sq. ft. of the built up area of the buildings (hereinafter referred to as "the said contract amount"). and Where as The employer has agreed to appoint the contractors for the said works; and and Where as the contractors have requested the employer to execute these presents which he has agreed to do so. Now This Agreement Witnesseth as Follows: 1.     In consideration of the said contract amount to be paid at the times and in the manner set forth in the Schedule of Payments hereto annexed, the contractors shall on and subject to the said conditions, execute and complete the said works more particularly described in Schedule 1 annexed hereto and shown on the said drawings, strictly in accordance with the general specifications annexed hereto and marked as Annexure III. 2.     The employer shall pay the contractors the said contract amount or such other sum as shall become payable at the times and in the manner specified in Annexure II. 3.     For the purposes of this contract, "built up area" means the total a covered area of the building at floor level out-to-out measurement of wall surface (architectural projection excepted) and shall be inclusive of staircase and balconies. 4.     The contractors shall prepare layout plans and general building plans in consultation with the employer and get the same approved by the Municipal Corporation of ...................... 5.     It is hereby agreed that the contract amount shall be inclusive of- a.     Preparation of the layout plans, general building plans, detailed architectural drawings, sketches, structural drawings and designs for execution. b.    Technical supervision of the works. c.     Obtaining of permission and approvals from all the authorities for the construction, supply of power, water, drainage and other services for the said works. d.    Cost of all materials for construction. e.     Wages of labour, technical supervisors, all other workers and staff required for execution of the said works in accordance with the general specifications in Annexure Ill. f.     Cost of all electrical, sanitary, and plumbing fittings. g.    Cost of all other items as mentioned in special conditions in Annexure I hereto. 6.     The layout plans, general building plans, detailed architectural drawings and other drawings shall be and remain the property of the employer. All the drawings shall remain in custody of the contractors during the progress of the work and they shall deliver them to the employer on the performance of the said works or termination of the contract. 7.     The employer may require alteration of the drawings and the nature of the work by adding or omitting any items of work or having portions of the same carried out. The employer shall make payment for the alterations at such rates as may be mutually agreed upon. 8.     The contractors shall commence the work within 15 days of the handing over of the site to them and complete the entire work within .......... months thereafter, subject nevertheless to the provision for extension of time as provided in the said conditions. 9.     The contractors, while carrying out the said works, shall comply with the provisions of all laws, rules and bye-laws for the time being in force affecting the said works and will give all necessary notices to and obtain the requisite sanction of the concerned local authorities in respect of the said works and will comply with the building and other regulations of such authority and will keep the employer indemnified against all fines, penalties and losses incurred by reason of the breach of the contractors of any such laws, bye-laws and regulations. 10.  The employer shall make all payments under this contract at ........................ 11.  In case any dispute or difference should arise between the parties, whether in respect of quality of material used by the contractors or work done or in respect of delay in completion of works or in respect of payment of extra work required to be done and so executed or in respect of measurement of work done or in respect of delay of payment to the contractors or touching the interpretation, fulfillment of any of the terms of these presents or any other matter arising out of or in connection with these presents or the carrying out of the work, shall be referred to arbitration of two arbitrators, one to be appointed by each party. The arbitrators shall appoint an umpire before entering upon the reference. The arbitrators shall make their award within six months from the date of entering on the reference. If the arbitrators do not make their award within the stipulated period or have delivered to any party or to the umpire a notice in writing stating that they cannot agree, the umpire shall forthwith enter on the reference and shall make his award within three months of entering on the reference or within such extended time as the parties may agree and in the absence of such agreement, as the Court may allow. The arbitrators or umpire, as the case may be, shall be entitled to consult any expert, after previous notice to the parties, the cost whereof shall be borne by the parties equally. The proceedings of the arbitrators shall be recorded in English, a copy whereof shall be furnished to each party. The provisions of the Arbitration and Conciliation Act, 1996 so far as applicable and are not inconsistent or repugnant to these presents, shall apply to this reference to arbitration. The cost of the reference and award shall be in the discretion of the arbitrators, who may direct by whom and in what manner, the same or any part thereof shall be paid. The award of the arbitrators or umpire shall be final and binding on the parties and the parties, their executors and administrators shall on their respective parts obey, abide by the award and shall not challenge on any ground excepting fraud or collusion or error apparent on the face of the award. It is hereby agreed between the parties that the parties shall resort to arbitration, before filing any suit for the enforcement of any right under these presents. 12.  This agreement shall be executed in duplicate. The original shall be retained by the employer and the duplicate by the contractors. In Witness Where of the employer has set his hands to these presents and a duplicate hereof and the contractors have caused its common seal to be affixed hereunto and a duplicate hereof the day and the year first hereinabove written. Signed and delivered by the hand of Shri a The common seal of XYZ Co. Ltd. was hereunto affixed pursuant to the resolution passed by the Board of Directors at the meeting held on ....................... in the presence of Shri .........................a director of the company, who has signed in token thereof Seal Signatures WITNESSES; 1. 2. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Agreement for Appointment of a Distributor for a Specified City DISTRIBUTOR AGREEMENT THIS Agreement is made at……………..on this……………..day of……………20……… between: M/s. ……………, a partnership firm having its principal office at………… (hereinafter referred to as "the Principals", which expression shall unless repugnant to the context, be deemed to include the partners for the time being and from time to time constituting the said partnership firm, the survivor of them, the legal representatives, heirs, executors and administrators of such last survivor) of the ONE PART. And M/s. PQR Enterprisers, through its proprietor Shri…………….. (hereinafter called "the Distributor" which expression shall unless repugnant to the context, be deemed to include his heirs, administrators, executors, legal representatives, successors and assigns) of the OTHER PART. WHEREAS the Principals are the sole selling agents of M/s. ABC Ltd., for the whole of India and under the Agreement dated……………..executed between M/s. ABC Ltd and the Principals, the Principals are entitled to appoint agents, distributors for marketing the products of ABC Ltd, hereinafter referred to as the company. AND WHEREAS the distributor has got a big showroom at……………..and has requested the Principals to appoint it as its distributor for marketing the company's products. AND WHEREAS the Principals have agreed to appoint M/s. PQR Enterprisers as their distributor to sell the products of the company. NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS UNDER: 1.     The Principals appoint M/s. PQR Enterprisers as the sole distributor for the city of Jaipur, Rajashtan for the purpose of promotion and sale of the company's products for a period of …… years from the date hereof on the terms and conditions set forth hereunder. 2.     The distributor shall work conscientiously and in a business like manner for the promotion and sale of the products of the company. 3.     The distributor shall fix the retail price in consultation with the Principals from time to time and make the sale of the company's products against cash memos. 4.     The distributor shall maintain fifteen days stock of company's products for sale at his own cost and shall not pledge the stock to bankers or other creditors without obtaining the prior consent from the Principals in writing. The Principals may grant consent for the pledge of the stock subject to terms and conditions and the distributor shall abide by such terms and conditions and bring the same to the notice of the bankers or creditors. 5.     The distributor shall not sell the goods directly or indirectly outside the agency district. The distributor while selling the company's products to persons in trade shall obtain undertaking in writing that the company's products shall not be re-sold outside the district agency and the said products shall not be re-sold to the public below the fixed retail price. 6.     The distributor shall be responsible for the rent and other expenses of the showroom and godown occupied by him for the purpose of agency business. He shall at his own expense keep insured the company's products for full value against all risks. The Principals may inspect the receipts for the rent, rates and taxes of the showroom and godown and for the premium of insurance policies. The Principals will not be liable or responsible for the expenses relating to or incidental to the said agency. 7.     The distributor shall make all sales on cash basis and shall keep record of all sales and shall remit the sum received by him to the Principals on each Saturday. The distributor may deduct the commission at the rate of……………..per cent, while remitting the sale proceeds. The distributor shall send weekly reports of the sales, net realisation, stock in hand, etc. to the Principals. 8.     The distributor shall be entitled to……………..per cent commission on the sale price of the products realised on the basis of accounts maintained by him. 9.     The products supplied by the Principals shall be the property of the Principals and they will be entitled to take possession of the said products at any time. The distributor shall maintain record of stock received by him, goods sold by him and the goods in stock in godown and showroom. The Principals have the right without prior notice to cause a stock checking of the company products supplied by them and if any shortage or deficiency is found on such stock-checking, the distributor shall pay to the Principals the list price of such shortage or deficiency less the deduction by way of commission. 10.  The Principals will not sell the company's products to any person in the agency territory and will redirect all inquiries or orders for Principal's products received by them from persons resident in agency district to the distributor. The distributor shall also refer to the Principals all enquiries or orders for the Principal's products from the person’s resident outside agency district and enquiries or orders from persons resident in the agency district for the purpose of re-sale outside the agency district. The distributor shall not be entitled to any commission on the sale resulting from such enquiries or orders. 11.  The rights under this agreement shall not be assigned or transferred to any other person, except with the prior permission of the Principals in writing. 12.  In the event of any dispute arising between the distributor and any customer regarding the purchase of company's products, the distributor shall inform the Principals immediately, who will advise the distributor the appropriate action which has to be taken by him in the matter. 13.  The distributor guarantees a minimum sale of the value of Rs ……………..per year. In case, the sale falls short by 25% or more for consecutive two years, M/s agreement may be terminated by the Principals. 14.  Any of the parties may terminate this agreement by serving a notice of three months to the other party. The accounts between the parties will be settled and adjusted finally within the aforesaid period of three months. 15.  On the expiry or earlier determination of this agreement, the distributor shall forthwith deliver to the Principals all the unsold stock of goods, all books of account and other documents of agency to the principals and shall pay to the principals for the shortage or deficiency of stocks at list prices less commission allowed to the distributor. 16.  Any dispute, difference or claim arising out of or in connection with or incidental to this Agreement shall be first attempted to be settled by mutual discussion, failing which the parties shall refer the same to arbitration by an independent Arbitrator appointed by the Mutual consent of both the parties. The Arbitrator shall conduct arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996 or any amendments thereto. The venue of arbitration shall be at ……………... 17.  This agreement shall be executed in duplicate. The original shall be retained by the Principals and the duplicate by the distributor. IN WITNESS WHEREOF, the parties have caused their common seal to be affixed to these presents and a duplicate thereof, the day and year hereinabove written WITNESSES 1 The Company For ………………….. (………………………) Partner 2. The …………………. For …………………. (………………………) Proprietor Partner Download Word Document In English. (Rs.30/-)

Form of Technical Collaboration Agreement Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/-) This Agreement made on this…………..day of……………BETWEEN ………………an Indian company having its registered office at……………….(hereinafter referred to as “A”) of the one part and……………a foreign firm having its principal place of business at…………..(hereinafter called “B”) of the other part. Whereas “A” is engaged in the manufacturing and marketing of………….and has considerable engineering know-how and technical information and equipment regarding said……………..and their method of manufacture. and Whereas “A” is desirous of manufacturing in India and marketing in India and other countries of various types of items which are set out in Schedule “A” hereto annexed (hereinafter referred to as Products) on the terms and conditions herein contained. Now Therefore It Is Agreed between the parties that : 1.     Know how” means and includes all inventions, processes, patents, engineering and manufacturing skill and other technical information whether patent or patentable or not which are presently owned by “B” or which may be so owned, during the term of this agreement including without limitation : a.     Technical and engineering data, calculations and information. b.    Design data, calculations and information. c.     Details of layout of works, including details and specification of machinery d.    All other forms of recovered information, technique and design in making of jigs, tools, dies, patterns and moulds. 2.       a.     “B” shall fully and promptly furnish “A” with such “know-how” as “A” may require from time to time during the term of this agreement in connection with the manufacture of the products. b.    “B” will depute ……………technicians at the expense of “A” to held to establish and operate the plant at…………….and to train………..Indian technicians in its work in…………….at expense of “A”. c.     “A” at their expense, shall procure and maintain patents in India on such inventions and improvements made by “A” : as “A” in their sole discretion shall choose. “B” shall also have the right to use the invention and improvements in all countries outside Indian and shall take full title to such procured by “B” outside India. However, “B” shall not, without the consent of “A”, licence any third party under said patents except its subsidiaries, its parent company or other subsidiaries of the parent company. d.    “A” shall manufacture the Products in strict accordance with the said know-how, the Standard of quality embodied therein or as may be set from time to time by “B”. To ensure the performance of this provision, “B” shall have the right to inspect at reasonable intervals and during business hours the facilities of “A” to the manufacture of the said PRODUCTS. 3.     Subject to other provisions of this agreement, “B” hereby grants to “A”. a.     an exclusive licence to make in India the products by the use of any or all of “Bs” know-how. b.    a non-exclusive licenses to use and sell the said PRODUCTS throughout the world. 4.       a.     in consideration of “B” having agreed to disclose to “A” the latest method of manufacture of Products and other processes and having further agreed to supply technical advice and date, “A” agrees to pay “B” a sum of …………..which due and payable in installments as follows.                        i        upon effective date.                       ii        upon delivery by “B” of the complete design and engineering documents.                      iii        within………….months after tender or certificate of Discharge of guarantees. …………………….. Total …………………….. In consideration of “B” for having agreed to disclose to “A” the latest method of manufacture of products and other process, and having further agreed to supply technical advice and date, “A” will arrange to allot “B”…………shares at Rs……….each without any payment by “B” b.    “A” further agrees to pay to “B” a royalty of………..per cent of the net selling price of the products covered by the agreement for a period of……….years from the date of execution of the agreement. The net selling price would means the ex-works price of the products covered (less the landed cost of all imported components) including ocean freight, insurance, customs duties payable thereon, etc., irrespective of the source of import. Such royalty payments are subject to Indian taxes. 5.       a.     “A” shall render to “B” bi-annual/annual reports on or before the last day of………..following each calendar year with respect to which royalties are payable under this agreement, stating the amount of PRODUCT manufactured in the plant during the preceding year the amount of royalty due and payable with respect thereto. At the time of rendering such reports A shall pay to B the amount of royalty stated therein to be due and payable. b.    A agrees to keep complete records of the account concerning the products which are the subject- matter of this agreement, which records shall be open to inspection of B ‘its appointed representative agreeable to both parties, during regular business hours for verifying the payments due to B under this agreement . 6.     All payments due by A to B under the agreement are to be made in …………………….. to B's account in any bank hit designates. 7.       a.     “A” shall maintain secrecy at all time during this agreement of all the know how, drawings and the like disclosed by “B” to “A” and/or pursuant to the terms herein or about which “A” learns during the performance of this agreement. b.    “A” will, however, be free to sub-license the technical know-how, product design/engineering design under the agreement to another Indian party/parties, should it become necessary. The terms of such sub-licence will, however, be as mutually agreed to by all parties concerned including “B” and will be subject to the approval of the Government. 8.     This agreement shall become effective after it has been duly approved and signed by “A” and “B” and the approval of the Government of India has been obtained thereto. 9.       a.     This agreement shall remain effective for a period of……….. years from the date of signing the agreement. Upon the expiration of this agreement, the KNOW HOW THEREFORE delivered to “A” shall remain its property for its full and free use thereof. b.    Subject to the approval of the Indian Government, this agreement may be renewed in whole or in part for further period by mutual agreement. 10.  This agreement shall be binding upon and ensure to the benefit of the successors and assigns of the respective parties hereto, and the obligations hereunder shall not be assignable by either party without written consent being first obtained from the other. 11.  This agreement embodies entire understanding of the parties as to its subject matter, and it shall not be amended except in writing executed by both parties to the agreement. 12.  Either party may by notice in writing to the other terminate this agreement in the event of : a.     Any default by such other party in the performance or observation of any of its obligations under this agreement which is not remedied to the satisfaction of the party giving such notice within ninety (90) days following delivery of such notice, such notice to contain reasonable particulars of such default and to state the intention to terminate the agreement under this clause unless such default is made good or remedied. b.    Judicial proceedings for bankruptcy, composition with creditors, sequestration of assets for creditors, or receivership instituted by or against such other party, insolvency of such other party or its failure to meet its obligations as they mature for any material period of time. c.     Liquidation , compulsory or voluntary of such other party except in connection with an amalgamation, reconstruction, merger, consolidation, re-organisation or disposition of assets as a going concern voluntarily undertaken and with a view to the continuance of the business by the transferee thereof, provided, however, that upon such event the business entity continuing the business formerly carried on by such other party shall, in an appropriate instrument delivered to the other party to this agreement, undertake to perform all of the obligations of such other party hereunder. 13.  Neither party shall be in default under this agreement by reason of its failure or delay in the performance of its obligations is such failure or delay is caused by acts of God, Government laws and regulations, strikes, lock-outs, war or any other cause beyond its control and without its fault or negligence. 14.  All disputes, questions, or differences, etc., arising in connection with this agreement shall be referred to a single arbitrator in India in case parties agree upon one, otherwise two arbitrators in India are to be appointed by each party in accordance with and subject to the provision of the Arbitration & Conciliation Act, 1996, or any other enactment or statutory modification thereof for the time being in force. 15.  Notices and other communications under the agreement shall be in writing, or by established cable, radio or facsimile service, addressed as indicated in the description of parties above or as either party may request in writing, and the effective date of each is the date of its repaid deposit in the mail for dispatch by air or such service properly addressed. 16.  The agreement should be construed in accordance with and be governed by the laws of India. In Witness Whereof, the parties hereto have executed this agreement as of the date first above written. For “B” ………………………. (Chairman of the Board) For “A” ………………………. (Director)

Form of Technical Collaboration Agreement THIS AGREEMENT made on this…………..day of……………BETWEEN ………………an Indian company having its registered office at………………. (hereinafter referred to as “A”) of the one part AND……………a foreign firm having its principal place of business at…………..(hereinafter called “B”) of the other part. WHEREAS “A” is engaged in the manufacturing and marketing of………….and has considerable engineering know-how and technical information and equipment regarding said……………..and their method of manufacture. AND WHEREAS “A” is desirous of manufacturing in India and marketing in India and other countries of various types of items which are set out in Schedule “A” hereto annexed (hereinafter referred to as PRODUCTS) on the terms and conditions herein contained. NOW THEREFORE IT IS AGREED between the parties that : 1.           Know how” means and includes all inventions, processes, patents, engineering and manufacturing skill and other technical information whether patent or patentable or not which are presently owned by “B” or which may be so owned, during the term of this agreement including without limitation : 1.       Technical and engineering data, calculations and information. 2.       Design data, calculations and information. 3.       Details of layout of works, including details and specification of machinery 4.       All other forms of recovered information, technique and design in making of jigs, tools, dies, patterns and moulds. 2.                  a.     “B” shall fully and promptly furnish “A” with such “know-how” as “A” may require from time to time during the term of this agreement in connection with the manufacture of the products. b.    “B” will depute ……………technicians at the expense of “A” to held to establish and operate the plant at…………….and to train………..Indian technicians in its work in…………….at expense of “A”. c.     “A” at their expense, shall procure and maintain patents in India on such inventions and improvements made by “A” : as “A” in their sole discretion shall choose. “B” shall also have the right to use the invention and improvements in all countries outside Indian and shall take full title to such procured by “B” outside India. However, “B” shall not, without the consent of “A”, licence any third party under said patents except its subsidiaries, its parent company or other subsidiaries of the parent company. d.    “A” shall manufacture the PRODUCTS in strict accordance with the said know-how, the STANDARD of quality embodied therein or as may be set from time to time by “B”. To ensure the performance of this provision, “B” shall have the right to inspect at reasonable intervals and during business hours the facilities of “A” to the manufacture of the said PRODUCTS. 3.       Subject to other provisions of this agreement, “B” hereby grants to “A”. a.     an exclusive licence to make in India the products by the use of any or all of “Bs” know-how. b.    b.    a non-exclusive licenses to use and sell the said PRODUCTS throughout the world. 4.            a.     in consideration of “B” having agreed to disclose to “A” the latest method of manufacture of PRODUCTS and other processes and having further agreed to supply technical advice and date, “A” agrees to pay “B” a sum of …………..which due and payable in installments as follows.                                       i.        Upon effective date.                                      ii.        Upon delivery by “B” of the complete design and engineering documents.                                     iii.        Within………….months after tender or certificate of Discharge of guarantees. …………………….. Total …………………….. a.     In consideration of “B” for having agreed to disclose to “A” the latest method of manufacture of products and other process, and having further agreed to supply technical advice and date, “A” will arrange to allot “B”…………shares at Rs……….each without any payment by “B” b.    “A” further agrees to pay to “B” a royalty of………..per cent of the net selling price of the products covered by the agreement for a period of……….years from the date of execution of the agreement. The net selling price would means the ex-works price of the products covered (less the landed cost of all imported components) including ocean freight, insurance, customs duties payable thereon, etc., irrespective of the source of import. Such royalty payments are subject to Indian taxes.   a.     “A” shall render to “B” bi-annual/annual reports on or before the last day of………..following each calendar year with respect to which royalties are payable under this agreement, stating the amount of PRODUCT manufactured in the plant during the preceding year the amount of royalty due and payable with respect thereto. At the time of rendering such reports A shall pay to B the amount of royalty stated therein to be due and payable. b.    A agrees to keep complete records of the account concerning the products which are the subject- matter of this agreement, which records shall be open to inspection of B ‘its appointed representative agreeable to both parties, during regular business hours for verifying the payments due to B under this agreement . All payments due by A to B under the agreement are to be made in …………………….. to B's account in any bank hit designates.   a.     “A” shall maintain secrecy at all time during this agreement of all the know how, drawings and the like disclosed by “B” to “A” and/or pursuant to the terms herein or about which “A” learns during the performance of this agreement. b.    “A” will, however, be free to sub-license the technical know-how, product design/engineering design under the agreement to another Indian party/parties, should it become necessary. The terms of such sub-licence will, however, be as mutually agreed to by all parties concerned including “B” and will be subject to the approval of the Government. This agreement shall become effective after it has been duly approved and signed by “A” and “B” and the approval of the Government of India has been obtained thereto.   a.     this agreement shall remain effective for a period of……….. years from the date of signing the agreement. Upon the expiration of this agreement, the KNOW HOW THEREFORE delivered to “A” shall remain its property for its full and free use thereof. b.    Subject to the approval of the Indian Government, this agreement may be renewed in whole or in part for further period by mutual agreement. This agreement shall be binding upon and ensure to the benefit of the successors and assigns of the respective parties hereto, and the obligations hereunder shall not be assignable by either party without written consent being first obtained from the other. This agreement embodies entire understanding of the parties as to its subject matter, and it shall not be amended except in writing executed by both parties to the agreement. Either party may by notice in writing to the other terminate this agreement in the event of : a.     Any default by such other party in the performance or observation of any of its obligations under this agreement which is not remedied to the satisfaction of the party giving such notice within ninety (90) days following delivery of such notice, such notice to contain reasonable particulars of such default and to state the intention to terminate the agreement under this clause unless such default is made good or remedied. b.    Judicial proceedings for bankruptcy, composition with creditors, sequestration of assets for creditors, or receivership instituted by or against such other party, insolvency of such other party or its failure to meet its obligations as they mature for any material period of time. c.     Liquidation , compulsory or voluntary of such other party except in connection with an amalgamation, reconstruction, merger, consolidation, re-organisation or disposition of assets as a going concern voluntarily undertaken and with a view to the continuance of the business by the transferee thereof, provided, however, that upon such event the business entity continuing the business formerly carried on by such other party shall, in an appropriate instrument delivered to the other party to this agreement, undertake to perform all of the obligations of such other party hereunder. Neither party shall be in default under this agreement by reason of its failure or delay in the performance of its obligations is such failure or delay is caused by acts of God, Government laws and regulations, strikes, lock-outs, war or any other cause beyond its control and without its fault or negligence. All disputes, questions, or differences, etc., arising in connection with this agreement shall be referred to a single arbitrator in India in case parties agree upon one, otherwise two arbitrators in India are to be appointed by each party in accordance with and subject to the provision of the Arbitration & Conciliation Act, 1996, or any other enactment or statutory modification thereof for the time being in force. Notices and other communications under the agreement shall be in writing, or by established cable, radio or facsimile service, addressed as indicated in the description of parties above or as either party may request in writing, and the effective date of each is the date of its repaid deposit in the mail for dispatch by air or such service properly addressed. The agreement should be construed in accordance with and be governed by the laws of India. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. For “B” ………………………. (Chairman of the Board) For “A” ………………………. (Director) Download Word Document In English. (Rs.40/-)

Assets Purchase Agreement for Purchasing the Assets of a Running Restaurant Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) ASSETS PURCHASE AGREEMENT This ASSET PURCHASE AGREEMENT (this “Agreement”), dated the ______ day of ………….. …….., is made by and among: M/s …………………, a Partnership Firm formed under Indian Partnership Act, 1932 having its office at ………………………, through its partners Mr. ………………., son of ______, resident of _________, Mr. …………. son of ______, resident of _________, and Mr. ………………. son, of ______, resident of _________, (hereinafter referred to as “Seller” which express shall mean and include its representative, administrator, executors, successors in title, successor in interest, nominee, legal heirs and assigns); And M/s ………………………. being a Company incorporated under the Indian Companies Act, 1956 and having its registered office at ……………………., through its authorized signatory Mr. ……………, duly authorized by the Board vide Resolution dated _______, 2007 (hereinafter referred to as “Purchaser” which expression shall mean and include its successors in interest) RECITALS A.    WHEREAS, the Seller is engaged in the business of running a restaurant, managing the same and/ or in marketing there from various Food & Beverages products such as Indian Foods, Pizzas, Burgers, Ice-Creams, Bakery and Confectionary products etc. at ……………… (hereinafter referred to as “Restaurant”) B.    WHEREAS, the premises bearing number ………………….. (hereinafter referred to as the “Premises”) where the Seller were running the Restaurant has been taken on lease by the Seller from Mr. …………….., the owner of the Premises. C.    WHEREAS, the Seller is the owner of all the fittings, fixtures, furniture’s, furnishings, Kitchen equipments, Air-conditioning, Generator, Delivery Vehicles and other delivery related equipments, Computer Systems, crockery/ cutlery items, linen and all other items fitted or used in the Restaurant, more appropriately described in Annexure A appended hereto and forming a part hereof (hereinafter referred to as the “Assets”). D.    WHEREAS the Seller has taken a term loan of Rs. 35,00,000/- from ……………. Bank, …….. Branch for the purpose of meeting the cost of establishment of the Restaurant and had secured the said loan through hypothecation of moveables (Furniture’s and Fixtures) at the Restaurant which form a part of the Assets. E.    WHEREAS, the Seller is not willing to run the Restaurant and as such the Seller desire to sell, and the Purchaser desires to purchase, directly, upon the terms and conditions hereinafter set forth, all of the Assets of the Seller related to the Restaurant in consideration of certain payments by the Purchaser. NOW, THEREFORE, in consideration of the premises and the agreements and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of the Parties agrees as follows: 1.     Interpretation In this Agreement, unless the context otherwise requires: a.     Words denoting the singular number shall include the plural and vice versa; b.    Heading and bold typeface are only for convenience and shall be ignored for the purposes of interpretation; c.     References to the word “include” or “including” shall be construed without limitation; d.    References to this Agreement or to any other agreement, deed or other instrument shall be construed as a reference to such agreement, deed, or other instrument as the same may from time to time be amended, varied or supplemented; e.     Reference to any Party to this Agreement or any other agreement or deed or other instrument shall include its successors or permitted assigns; and f.     A reference to a section, paragraph or annexure is, unless indicated to the contrary, a reference to a section, paragraph or annexure of this Agreement. g.    Words denoting a person shall include an individual, corporation, company, partnership, trust or other entity; h.     References to dates and times shall be construed to be references to Indian dates and times; i.      References to the word “days” shall, unless otherwise indicated, mean calendar days; ARTICLE I PURCHASE AND SALE; PURCHASE PRICE 1.1. Purchase and Sale of Assets. At the Closing, the Sellers shall, sell, convey, transfer, assign and deliver to the Purchaser, and the Purchaser shall purchase from the Sellers, the Assets, free and clear of any encumbrances except as mentioned in this Agreement. 1.2. .Purchase Price. In full consideration for the transfer of the Assets, the Purchaser will pay the Sellers a total purchase price not exceeding Rs. ……………../- [Rupees ……………] (the “Purchase Price”). The Purchase Price shall be paid by the Purchaser at the instance and mandate of the Seller to the following:                       i.        to …………….. Bank, ………… Branch by means of a bank draft, a sum of Rs. ____________, being the amount outstanding against Loan A/c No. ………….. of the Seller with the ………….. Bank, ………..; and                      ii.        to Mr. …………………, landlord of the Premises, by means of a cheque for a sum of Rs. _________, being the amount outstanding against rent and other dues payable for the Premises in settlement of full and final. An amount of Rs. _________ to be paid in favour of the Seller towards the TDS payments that is required to deducted from the payments being made to Mr. ………… and to be deposited with the authorities by the Seller at its own cost and liability. ; and                     iii.        to the Electricity Board, ………. by means of a bank draft, a sum of Rs. ________ being the total outstanding against electricity dues of the Restaurant at the Premises upto __________ payable by the Sellers . 1.3. The Seller agrees that the balance amount of the Purchase Price (if any) after making the payments in accordance with Clause 1.2 shall be retained by the Purchaser with them to be paid in such amounts and to such creditors of the Seller (for the Restaurant and for dues payable prior to the Closing Date) as directed in writing by the Seller. It is further agreed that the Purchaser shall be liable to pay to the creditor’s of the Seller only upto the extent of the balance of the Purchase Price available with the Purchaser after making the payments under Clause 1.2. 1.4. The Seller agrees that the above payment of the Purchase Price is being made on the instruction and mandate of the Seller in the manner set out in Clause 1.2 and such payments shall be deemed to be payments made to the Seller by the Purchaser for the Assets purchased under this Agreement. ARTICLE II CLOSING AND DELIVERIES 2.1.         Closing. The closing of the purchase and sale of the Assets (the “Closing”) shall take place on [Date] simultaneously with the execution of this Agreement (hereinafter referred to as the “Closing Date”). 2.2.         Deliveries. The Seller has handed over the following to the Purchaser at the time of execution of this Agreement: a.     a letter of confirmation from …………… Bank, ………… Branch certifying that, upon payment of the outstanding amounts due to them from the Seller, which amounts shall be quantified in the confirmation letter, the encumbrances on the Assets or any part thereof created in their favor by the Seller shall be released. b.    a letter of confirmation from Electricity Board, …………. certifying that, upon payment of the outstanding amounts due to them from the Seller, which amounts shall be quantified in the confirmation letter, no further amounts shall remain due and payable by the Seller till the closing date. c.     a letter of confirmation from Mr. ………………., landlord of the premises certifying that, upon payment of the outstanding amounts due to him from the Seller, which amounts shall be quantified in the confirmation letter, against the rent for the Premises and other dues, no further amounts shall remain due and payable by the Seller. d.    a letter of confirmation certifying that, upon payment of the amounts as per Clause 1.2, no further amounts shall remain due and payable by the Purchaser to the Seller or to anyone else claiming through or on behalf of the Seller. e.     a letter of confirmation certifying that, upon payment of the amounts as per Clause 1.2, the Purchaser will not be deemed to have assumed any liability or obligation of the Sellers and that the Purchaser will not become responsible for any liability or obligation of the Seller. 2.3. Transfer and Delivery of Purchased Assets. At the Closing, the Seller shall deliver or cause to be delivered to the Purchaser a Bill of Sale, substantially in the form attached hereto as Annexure B, pursuant to which the Seller will record the delivery and conveyance of the Assets to the Purchaser, and the Purchaser shall record the receipt of the same; ARTICLE III REPRESENTATIONS AND WARRANTIES OF THE SELLER The Seller and its Partners hereby, jointly and severally, represents and warrants to the Purchaser, as of the Closing Date, that: 3.1. Organization of the Seller. The Seller is a Partnership Firm duly organised under the laws of India and has the requisite power and authority to own and sell the Assets and to carry on its business as presently conducted. 3.2. Authority and Authorization; Enforceability. a.     The Seller has full power and authority to execute and deliver this Agreement, and to consummate the transactions contemplated hereby and to fully perform its obligations hereunder. b.    This Agreement has been duly and validly executed and delivered by the Seller and the same constitutes a valid and binding obligation of each of the Partners of the Seller, enforceable against each of the Partners of the Seller in accordance with its terms.                                           i.    There are no outstanding claims or charge on the Assets, whether direct, indirect, contingent, absolute, accrued or otherwise, nor does there exist any condition, fact or circumstance that will create such claim/ charge on the Assets, except as disclosed in this Agreement.                                          ii.    On the Closing Date, the Purchaser will own and possess, all right, title and interest in and to the Assets, free and clear of any encumbrances. No claim by any third party contesting the use or ownership of the Assets has been made, is currently outstanding or is threatened, and, to the knowledge of the Seller, there are no reasonable grounds for any such claim. None of the Partners of the Seller has received any notice of, nor are they aware of, any fact which indicates any conflict with, any third party with respect to the Assets, nor has any of the Partners of the Seller received any claims against the Assets and, to the knowledge of the Seller, there are no reasonable grounds for any such claim.                                         iii.    That by the purchase of the Assets under this Agreement and by making the payments in accordance with Clause 1.2, the Purchaser shall not be deemed to have assumed and will not become responsible for any liability or obligation of the Seller to any creditor of the Seller whether pertaining to the Restaurant or the Premises or otherwise. 3.3 Title to Assets. a.     The Sellers:                       i.        are the absolute beneficial owner of the Assets, with good and valid title, free and clear of all encumbrances, except such encumbrances that will be released at or subsequent to the Closing; and                      ii.        are exclusively entitled to possess and dispose of the Assets. b.    The Assets to be transferred to the Purchaser under this Agreement constitute all the assets, properties, rights and interests necessary to conduct the Restaurant business in substantially the same manner as conducted by the Sellers prior to the date hereof. c.     The Assets are in good condition, repair and (where applicable) proper working order, having regard to their use and age and such Assets have been properly and regularly maintained. 3.4. Insurance. Annexure C to this Agreement sets forth a list of all insurance policies (specifying the location, insured, insurer, amount of coverage, type of insurance and policy number) maintained by the Sellers relating to the Assets and                       i.                all such policies are in full force and effect, all premiums with respect thereto covering all periods up to and including the Closing Date have been paid, and no notice of cancellation or termination has been received with respect to any such policy,                      ii.                such policies (A) are sufficient for compliance with all requirements of Law; (B) are valid, outstanding and enforceable policies; (C) provide reasonable and adequate insurance coverage for the Assets; (D) will remain in full force and effect through the respective date set forth in Annexure C without payment of additional premiums; and (E) will not in any way be affected by, or terminate or lapse by reason of, the transactions contemplated by this Agreement. 3.5. Full Disclosure. The Seller has made available to the Purchaser all information, as sought for by the Purchaser. All information, which has been provided to the Purchaser relating to the Assets are true and accurate in all material respects and no material fact or facts have been omitted there from which would make such information misleading. ARTICLE IV CONDITIONS TO CLOSING 4.1. Conditions to the Purchaser’s Obligations. The obligation of the Purchaser to consummate the transactions contemplated pursuant to this Agreement is subject to the satisfaction or the written waiver by the Purchaser, on or prior to the Closing Date, of each of the following conditions: a.     Representations and Warranties. Each of the representations and warranties of the Sellers made in this Agreement shall be true and correct, as of the Closing Date as if made on such date. b.    No Proceeding or Litigation. No action challenging the legality of, or seeking to restrain, prohibit or materially modify, the transactions provided for in this Agreement shall have been threatened or instituted and not settled or otherwise terminated. c.     Certificate of the Sellers. At the Closing, the Seller shall have delivered to the Purchaser certificates signed by all the Partners of the Seller and dated the Closing Date, certifying that the conditions stipulated in Clause 4.1(a) to Clause 4.1(b) hereof have been satisfied. d.    Other Deliveries. The Sellers shall have complied with the requirements of Clause 2.2. ARTICLE V INDEMNIFICATION 5.1. Indemnification. From and after the Closing, the Seller and the each of the partners of the Seller, jointly and severally, agrees to indemnify, defend and hold the Purchaser, its Affiliates, successors, assigns and their respective directors, officers, representatives, employees and agents, harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including, without limitation, legal fees and disbursements in connection therewith and interest chargeable thereon) (collectively, “Claims”) that may be incurred or suffered by such Persons resulting or arising from or related to, or incurred or suffered in connection with, (a) the Sellers’ operation of the Restaurant on or before the Closing, (b) the failure of the Seller to assume, pay, perform and discharge its liabilities other than those paid off by the Purchaser in accordance with Clause 1.2 of this Agreement, or (c) any breach of any representation, warranty, covenant or agreement made or obligation required to be performed by the Seller under this Agreement. 5.2. Notice of Claim; Right to Participate in and Defend Third Party Claim. a.     If the Purchaser receives notice of the assertion of any claim, the commencement of any suit, action or proceeding, or the imposition of any penalty or assessment by a third party in respect of which the Purchaser has been indemnified by the Seller (a “Third Party Claim”), then the Purchaser shall promptly provide the Seller with written notice of the Third Party Claim, but in any event not later than 30 calendar days after receipt of such notice of the Third Party Claim. The failure by the Purchaser to notify the Seller of a Third Party Claim shall not relieve the Seller of any indemnification responsibility under Clause 5.1 unless such failure materially prejudices the ability of the Seller to defend such Third Party Claim. b.    Any indemnifiable claim hereunder that is not a Third Party Claim shall be asserted by the Purchaser by promptly delivering notice thereof to the Seller. If the Seller does not respond to such notice within ten (10) days after its receipt, it shall have no further right to contest the validity of such claim. ARTICLE VI ARBITRATION 6.1. If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with or arising out of this Agreement, Parties shall promptly and in good faith negotiate with a view to its amicable resolution and settlement. 6.2. In the event no amicable resolution or settlement is reached within a period of fifteen (15) days from the date on which the dispute or difference arose, such dispute or difference shall be referred to a mutually acceptance single Arbitrator or, upon the failure of the Parties to agree upon a single Arbitrator, within a period of ten (10) days, each Party shall appoint one arbitrator each and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator under the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in New Delhi and the arbitrators shall give a reasoned award. It is agreed that the arbitrators shall also determine and make an award as to the costs of the arbitration proceedings. 6.3. Notwithstanding anything contained herein, the Parties shall have a right to institute legal proceedings to prevent any continuing breach of the provisions of this Agreement to seek an injunctive or any other specific relief. ARTICLE VII MISCELLANEOUS 7.1.  Expenses and Taxes . a.     Each Party will bear their own legal, accounting and other expenses incurred by such Party in connection with the negotiation, preparation and execution of this Agreement and the documents and transactions contemplated hereby. b.    The Purchaser shall be responsible for and shall pay any stamp duty and payable in connection with the transactions contemplated pursuant to this Agreement. c.     The Sellers shall be responsible for and shall pay any capital gains, taxes, sales tax, income tax and similar taxes payable as a result of the consummation of the transactions contemplated in this Agreement. 7.2. Notices Any notice(s), communication(s), request(s) or instruction(s) contemplated, provided or required to be given hereunder by any Party hereto to the other shall be in writing in English, and shall be deemed sufficiently given if delivered personally; sent by facsimile transmission with confirmatory copies sent by recorded delivery service; or sent by recorded delivery services; the registered mail postage prepaid acknowledgment due; If to Seller, then at M/s XYZ & Co. ……………………………… ……………………………… Tel: -------------- Fax: ------------- E-mail: ---------- If to Purchaser, then at M/s PQR Private Limited …………………………… …………………………… Tel : ……………………… Fax: ………………………. All notice(s), communication(s), request(s) or instruction(s) as aforesaid, if delivered personally shall be deemed to have been received at the time of such delivery; if sent by facsimile transmission shall be deemed to have been received (48) forty-eight hours next after the same shall be proved to have been sent; if sent by recorded delivery services shall be deemed to have been received (7) seven days next after dispatch. 7.3. 7.3 Applicable Law. This Agreement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of India without regard to its principles of conflicts of laws. The courts at ………….. shall have exclusive jurisdiction over all disputes or differences arising out of this Agreement. 7.4. 7.4 Counterparts. This Agreement may be executed in two counterparts, each of which will be deemed to be an original, and all of which together will constitute one and the same instrument. IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET AND SUBSCRIBED THEIR RESPECTIVE HANDS TO THESE PRESENTS ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN: Signed and delivered by Mr. ……………………… (Authorized Signatory for PQR Private Limited) (………………….) In the presence of: Witness : Name : Address : Signed and delivered by of M/s XYZ & Co, through its partners Mr. ………………………., Mr. ………….. and Mr. …………………... (…………………….) (…………………….) (…………………….) In the presence of: Witness : Name : Address :

Dealership Agreements Download Word Document In English. (Rs.50/-)       I.        Preliminary.- It is the common feature of the manufacturing operations of the industrial concerns that dealers are appointed to sell the goods so manufactured . it is because of this that dealership agreements are invariably entered into by the manufacturing concerns with the other parties so as to demarcate the contours of relations inter se.      II.        Model Forms  Dealership Agreement between a Manufacturing Company and Firm This Agreement Made On This……………day of…………….between Chandika & Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at …………(hereinafter called the ‘company’ which expression shall, unless the context admits otherwise, includes its representatives) of the one part and Jumb & Jumboo, a partnership firm consisting of Shri……………..,Shri……………………Shri……………….and Smt……………..w/o Shri…………………partners, having its main business place at………………and branches at………….. and ……………..(hereinafter called “the firm” which expression shall, unless the context admits otherwise, include the partners, their heirs, executors, administrators, representatives and assigns) of the other part. Whereas 1.     The company manufacturers cotton and polyster fibre yarn suitings and shirtings. 2.     The firm has its own well-established marketing network and is selling goods of various manufactures and is desirous of selling the goods of the company at a new sales depot recently taken by it on rent for the purpose. 3.     The company, after having considered the proposal of the firm, has agreed to appoint the firm as its dealer on the terms and conditions as hereinafter appearing. Now this Agreement Witnesses as under : 1.     That the company hereby appoints the firm as its dealer for selling its products, more particularly described in the Schedule annexed hereto. 2.     That the agreement shall remain in force originally for three years commencing from…………but may be renewed for similar periods on the terms and conditions as may be agreed by and between the parties hereto. 3.     That the firm shall keep a minimum stock of…………pieces each of the company’s products described in the Schedule to meet the demand of the ultimate users/consumers, and such quantity shall be reviewed every quarter in the light of the sales during the previous quarter the demands, consumers likings and the market trends. 4.     That the company shall supply to the firm its products on credit for fifteen days from the date of the invoice and shall charge interest at the rate of………….per cent per annum from the sixteenth day of the invoice till payment in full if payments are not made within the period credit aforesaid. 5.     That the company shall supply to the firm publicity and advertisement material in sufficient quantity for display at the firm’s sales depot and for the distribution in its area of operation. 6.     That the company shall bear 60% of the cost of maintaining the firm’s sales depot including rent thereof subject to a maximum of 6% of the invoice value of all the products of the company sold to the firm, which amounts shall be credited to the firm’s running account maintained with the company at the end of each quarter. 7.     That the accounts between the parties will be settled half-yearly and the credit/debit balance shall be squared up by making necessary payment6s by the parties. 8.     The firm shall make all efforts for the promotion of the sale of the company’s products and in the event of the company being of opinion on the basis of sale records that the firm is failing in properly performing its duty as dealer, the company shall be at liberty to terminate this agreement by giving the firm one month’s notice in writing and on the expiry of the notice period, this agreement shall stand terminated and the parties shall settle their accounts within a week thereafter. 9.     The company hereby agrees and undertakes to supply to the firm its products as per the firm’s orders and on the company failing to supply the goods under the firm’s orders ,the firm shall be at liberty to terminate the agreement by giving the company one month’s notice in writing and after the expiry of the notice period, this agreement shall stand terminated and the parties shall settle their accounts within a week thereafter 10.  The firm shall at no time sell any product of the company at a price higher than that fixed by the company from time to time 11.  The firm shall be free and entitled to appoint sub-dealers, salesmen, commission agents or other sales personnel on salary, commission or any other basis, but with the condition that they will function in accordance with the provisions of this agreement and not do anything which is detrimental to the interest of the company, or the firm and the collective interests of both. In Witness Whereof, etc. Schedule Reprred to Above 4.     Hire-Purchase Agreements        i         Preliminary .- Hire-purchase agreements have acquired special importance in the developing economy of the country. What does hire-purchase agreement connote ? By a contract of hire-purchase is meant a contract which in addition to terms of hire, provides that on payment of the rent for a certain period, or for a certain number of times, or on the payment of a certain sum after such payment of rent, or at some time during the hiring, the property in the goods hired shall (or may) pass from the owner to the hirer. [Periar’s Law of Hire and Hire-Purchase 2nd Ed., p.2]. In effect hire-purchase agreement is a contract of bailment and is governed by the provisions of Chapter IX of the India Contract Act, 1872. This agreement is with an option to purchase though it is sometimes used in a wider sense to include agreements where there is an irrevocable agreement to buy in Installments are paid. A hire-purchase agreement thus creates a bailment, but is a bailment plus an option to purchase. The transaction is composed of the element of both the law of hire and sale, it would be clearly wrong to assimilate it to a hypothecation of moveable property .[V. Dakshinamurthi Mudaliar v. General & Credit Corporation (India) Ltd., AIR 1960 Mad. 328, 330]. The transaction partakes of a contract or bailment with an element of sale added to it. In such an agreement, the owner of the goods lest them on hire for periodic payments by the hirer upon an agreement that when a certain number of payments by the hirer upon an agreement that when a certain number of payments have been completed, the absolute property in the goods will pass to the hirer, but so that the hirer may return the goods at any time without any obligation to pay any balance of rent accruing after return; until the conditions have been fulfilled, the property remains with the owner. In this agreement the hirer is not bound to purchase the thing hired, he has an option, he may or may not purchase. But in either case, if there an obligation to buy, or an option to buy, the goods delivered to the hirer by the owners on the terms that the hirer on payment of a premium as also of a number of Installments shall enjoy the use of the goods, which ultimately may become his property, the transaction amounts to one of hire-purchaser, even though the title to the goods has remained with the owner and shall not pass to the hirer until certain event has happened, namely that all the stipulated Installments have been paid, or that the hirer has exercised his option to finalise the purchase on payment of a sum nominal or otherwise. [Installment Supply (P) Ltd. v. Union of India, AIR 1962 SC 53, 58: Sundaram Finance Ltd. v. State of Kerala, AIR 1966 SC 1178].       ii        Hire-Purchase agreement not sale.-It has to be remembered that a hire-purchase agreement is not a sale even if it contains a stipulation in the form of option of the hirer to purchase the article hired. Even where the price for sale is to be pain in Installments later, the property in the goods passes as soon as the sale is made. This follows from the definition of sale in section 4 of the Sale of Goods Act, 1930 (as distinguished from an agreement to sell) which requires that the seller transfers the property in the goods to the buyer for price. The essence of sale is that the property is transferred from the seller to the buyers for a price whether paid at once or paid later in installments. On the other hand , a hire-purchase agreement as its very name implies, has two aspects. There is first an aspect of bailment of the goods subjected to the hire-purchase agreement, and there is next an element of sale which fructifies when the option to purchase, which is usually a term of hire-purchase agreements, is exercised by the intending purchaser. Thus the intending purchaser is known as the hirer so long as the option to purchase is not exercised, and the essence of the hire-purchase agreement properly so called is that the property in the goods does not pass at the time of the agreement but remains in the intending seller, and only passes later when the option is exercised by the intending purchaser. The distinguished feature of a typical hire-purchase agreement is made but only passes when the option is finally exercised after complying with all the terms of the agreement. [K.L. Johar & Co. vi Dy CTO, AIR 1955 SC 1082,1088]. The position of the owner of goods under a hire-purchase agreement is that of a person who has made on irrevocable offer to sell but no obligation to buy. [Helby v. Mathews, (1895) AC 471 ; Lee v. Butler, (1893) 2 Q.B. 318]. T essence of the hire-purchase agreement is that the hirer is not bound to purchase . [Dalpat Rai v. Manohar Lal & Sons, AIR 1974 Raj. 61]. A hire-purchase agreement has two elements ; (I) element of bailment, and (ii) element of sale, in the sense that it contemplates an eventual sale. The element of sale fructifies when the option is exercised by the intending purchaser after fulfilling the terms of the agreement. When all the terms of the agreement are satisfied and the option to purchase is exercised, a sale takes place of the goods which till then had been hired. [K.L.Johar & Co. v. Dy. CTO, AIR 1965 SC 1082, 1090].      iii        Duty of hirer.-According to section 151 of the Contract Act, 1872, the hirer is bound to take as much care of the goods hired to him as a man of ordinary prudence would under similar circumstances take of his own goods of the same bulk, quality and value as the goods hired. Under Section 152 of the Contract Act, the hirer in the absence of any special contract is not responsible for the loss, destruction or deterioration of the thing hired, if he has taken such care. Accordingly, the parties may provide by stipulation in that behalf that the hirer will be liable for any loss or damage to the goods arising from any cause whatever.      iv        Parties .-Normally , there are two parties to the hire-purchase agreement, viz., the owner and the hirer. However, sometimes a financier, for example in case of motor vehicles, is also brought in as a necessary party who purchase the vehicle from the owner and lets the same on hire to the hirer on Installments and in such case, a guarantor is also required to be supplied by the hirer to secure fulfilment of the obligations imposed on the hirer under the agreement.       v        Clauses.-In drafting a hire-purchase agreement, care should be taken to draft the following important clause in the agreement properly ; a.     No obligation to buy.-The agreement of hire-purchase should not amount to an agreement to buy but it should only give the hirer an option to purchase because where a person under an agreement to buy obtains the possession of the goods and the hirer under the hire-purchase agreement so obtains the possession, he would be able to give little to any one who takes the goods on sale or pledge from him without notice of the hire purchase agreement [See section 30 (2) of the Sales of Goods Act, 1930 and thereby the hirer would be able to defeat the intention of the owner. Where, however, the agreement is not an agreement to buy but it merely give an option to the hirer to buy on the fulfillment of certain conditions, the hirer cannot gives a valid title to any one. [Roopchand Jankidas v. National Bank, 46 Cal. 342]. b.    Property in goods not to pass.-A hire-purchase agreement must contain an express stipulation that the property in the goods shall not pass of the hirer untill all Installments have been paid. c.     Minimum payment clause.-A hire-purchase agreement may be terminated either by the owner or hirer and the hirer may return the article to the owner after terminating the agreement. But since the articles are subject to usual wear and tear on account of user, it is usual to insert a “minimum payment” clause in the agreement in order to provide for depreciation of the article taken under the hire-purchase agreement. Such a clause provides that in the event of the agreement being determined by the owner or the hirer, the hirer shall be liable to pay 50% of the total price after deduction of the Installments already paid by the hirer. d.    Seizure clause.-It is also usual to incorporate a clause in the hire-purchase agreement empowering the owner to seize the article hired in the event of the hirer committing a breach of any terms thereof, particularly the non-payment of monthly hire.      vi        Claim of financier to prevail over the state.-Where under a hire-purchase agreement, the financier, i.e., the owner lets on hire a motor vehicle to the hirer, clause 4 of the agreement states that, on default by the hirer, the owner can seize, remove and retake possession of the vehicle and sue for all the Installments due and for damage for breach of the agreement and for all the costs of retaking of possession of the said vehicle and all costs occasioned by the hirer’s default. Clause 6 would show that, only upon the hirer paying the entire amounts due under the agreement, the said vehicle shall become the sole and absolute property of the hirer. In regard to the registration of the vehicle shall become the sole and absolute property of the hirer. In regard to the registration of the vehicle, thought it is in hirer’s name, clause 8 of the agreement states that the owners-meaning the financing company agree to permit the hirer to have the registration of the vehicle in his name provided that the hirer shall transfer the registration in the name of the owners whenever required to do so by them and especially when the hirer commits breach of any of the conditions of the agreement. In the light of these clauses in the agreement and in the event of the financier seizing the vehicle on default on the hirer in payment of the Installments, the claims of the financier would prevail over that of the State. Where a person has got a prior secured right over the property, the State’s claim will not prevail. In the Income-tax Act, there is no substantive provision for superseding or overriding the claims or rights of a secured creditor. Schedule II mentioned in section 222 of the I.T. Act, 1961, which contains statutory rules in accordance with which the modes of recovery mentioned in that section have to be exercised, relates to procedure only and does not deal with substantive rights. [Sundaram Finance Ltd. v. RTO, (1979) 117 ITR 334 (Ker)].     vii        Allowability of depreciation of hired article.-The Board has issued the following circular containing instructions regarding depreciation allowance on plant and machinery acquired under hire-purchase agreement. “The following instructions are issued for dealing with case in which as asset is being acquired under or on what is known as hire-purchase agreement:-               I.        In every case of payment purporting to be for hire-purchase, production of the agreement under which the payment is made should be insisted on.              II.        Where the effect of an agreement is that the ownership of the subject is at once transferred to the lessee( e.g. where the lessor obtains a right to sue for arrear of Installments but no right to recovery of the asset) the transaction should be regarded as one of purchase by Installments and no deduction in respect of “hire” should be made. Depreciation should be allowed to the lessee on the entire purchase price as per the agreement.             III.        Where the terms of the agreement provide that the equipment shall eventually become the property of the hirer or confer on the hirer an option to purchase the equipment, the transaction should be regarded as one of hire-purchase. In such case the periodical payments made by the hirer should not tax purposes be regarded as made up of- a.     consideration for hire, to be allowed as a deduction in the assessment ; and b.    payment on account of purchase, to be treated as capital outlay, depreciation being allowed to the lessee on the initial value(i.e., the amount for which the hired subject would have been sold for cash at the date of the agreement).” The allowance to be made in respect of hire should be the difference between the aggregate amount of the periodical payments under the agreement and the initial value(as described above), the amount of this allowance being spread evenly over the term of agreement. If, however, the agreement was terminated either by outright purchase of the equipment or its return to the owner, the deduction should cease as from the date of the termination. An assessee claiming this deduction should be asked to furnish a certificate from the vendor or other satisfactory evidence of the initial value (as described above). Where no certificate or satisfactory evidence is forthcoming, the initial value should be arrived at by computing the present value of the amount payable under the agreement at an appropriate rate per centum. In doubtful case the fact should be reported to the Board”. [Circular No.9 of 1943, R. Dis. No. 27(4) IT/43, dated 23rd March, 1943].    viii        Registration.-Registration of a hire-purchase agreement is not compulsory.      ix        Stamp duty.-The hire-purchase agreement requires a stamp of only Re. 1 like an ordinary agreement.       x        Model Forms

Prohibitory Order against Payment of Debts Sold in Execution to any Other than the Purchaser. (O.21, R.79.) (Title) To ......................... and to...................... WHEREAS ............................has become the purchaser at a public sale in execution of the decree in the above suit of............................. being debts due from you ................to you............................; It is ordered that you be.........................., and you are hereby, prohibited from receiving, and you................from making payment of, the said debt to any person or persons except the said......................... GIVEN under my hand and the seal of the Court, this ...............day of 19 Judge. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Agreement between Independent Contractor and Service Provider Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) This agreement is only a guideline it can be costumesied as per the requirement This Agreement is entered into as of the ________ day of ________________, 20____, between [ABC company located at ______] (Hereinafter referred as "the Company") and [XYZ service provider's name] (Hereinafter referred as the "the Contractor" for the sake of brevity). 1.      Independent Contractor . Subject to the terms and conditions of this Agreement, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement. 2.      Duties, Term, and Compensation . The Contractor's duties, term of engagement, compensation and provisions for payment thereof shall be as set forth in the estimate previously provided to the Company by the Contractor and which is attached as Exhibit A, which may be amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Contractor and agreed to by the Company, and which collectively are hereby incorporated by reference. 3.      Expenses . During the term of this Agreement, the Contractor shall bill and the Company shall reimburse [him or her] for all reasonable and approved out-of-pocket expenses which are incurred in connection with the performance of the duties hereunder. Notwithstanding the foregoing, expenses for the time spent by Contractor in traveling to and from Company facilities shall not be reimbursable. 4.      Written Reports . The Company may request that project plans, progress reports and a final results report be provided by Contractor on a monthly basis. A final results report shall be due at the conclusion of the project and shall be submitted to the Company in a confidential written report at such time. The results report shall be in such form and setting forth such information and data as is reasonably requested by the Company. 5.      Inventions . Any and all inventions, discoveries, developments and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company; and the Contractor hereby assigns all right, title, and interest in the same to the Company. Any and all inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by [him or her] in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Contractor's prior written approval by the Company to a wholly-owned subsidiary of the Company. 6.      Confidentiality . The Contractor acknowledges that during the engagement [he or she] will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company's business and product processes, methods, customer lists, accounts and procedures. The Contractor agrees that [he or she] will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Company. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by the Contractor or otherwise coming into [his or her] possession, shall remain the exclusive property of the Company. The Contractor shall not retain any copies of the foregoing without the Company's prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Contractor shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in his possession or under [his or her] control. The Contractor further agrees that he will not disclose his retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of the Company and shall at all times preserve the confidential nature of his relationship to the Company and of the services hereunder. 7.      Conflicts of Interest; Non-hire Provision . The Contractor represents that he is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Further, the Contractor, in rendering his duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which he does not have a proprietary interest. During the term of this agreement, the Contractor shall devote as much of his productive time, energy and abilities to the performance of his duties hereunder as is necessary to perform the required duties in a timely and productive manner. The Contractor is expressly free to perform services for other parties while performing services for the Company. For a period of six months following any termination, the Contractor shall not, directly or indirectly hire, solicit, or encourage to leave the Company's employment, any employee, consultant,or contractor of the Company or hire any such employee, consultant, or contractor who has left the Company's employment or contractual engagement within one year of such employment or engagement. 8.      Right to Injunction . The parties hereto acknowledge that the services to be rendered by the Contractor under this Agreement and the rights and privileges granted to the Company under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the Contractor of any of the provisions of this Agreement will cause the Company irreparable injury and damage. The Contractor expressly agrees that the Company shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Contractor. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the Company may have for damages or otherwise. The various rights and remedies of the Company under this Agreement or otherwise shall be construed to be cumulative, and no one of the them shall be exclusive of any other or of any right or remedy allowed by law. 9.      Merger . This Agreement shall not be terminated by the merger or consolidation of the Company into or with any other entity. 10.   Termination . The Company may terminate this Agreement at any time by 10 working days'' written notice to the Contractor. In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Company at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor. 11.   Independent Contractor . This Agreement shall not render the Contractor an employee, partner, agent of, or joint venture with the Company for any purpose. The Contractor is and will remain an independent contractor in [his/her] relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Contractor's compensation hereunder. The Contractor shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. 12.   Insurance . The Contractor will carry liability insurance (including malpractice insurance, if warranted) relative to any service that [he or she] performs for the Company. 13.   Successors and Assigns . All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns. 14.   Choice of Law . The laws of the state of [______________] shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. 15.   Arbitration . Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in [____________________] in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof. 16.   Headings . Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. 17.   Waiver . Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. 18.   Assignment . The Contractor shall not assign any of [his or her] rights under this Agreement, or delegate the performance of any of [his or her] duties hereunder, without the prior written consent of the Company. 19.   Notices . Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows: If to the Contractor: [ name and complete address] If to the Company: [ name & Complete Address] Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above. 20.   Modification or Amendment . No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto. 21.   Entire Understanding . This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. 22.   Unenforceability of Provisions . If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect. IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals. [Company name] By:____________________ Its:____________________ [title or position] [Contractor's name] By:____________________ Its:____________________ [title or position] SCHEDULE A DUTIES, TERM, AND COMPENSATION DUTIES : The Contractor will [describe here the work or service to be performed]. [____] will report directly to [name] and to any other party designated by [name] in connection with the performance of the duties under this Agreement and shall fulfill any other duties reasonably requested by the Company and agreed to by the Contractor. TERM : This engagement shall commence upon execution of this Agreement and shall continue in full force and effect through [date] or earlier upon completion of the Contractor's duties under this Agreement. The Agreement may only be extended thereafter by mutual agreement, unless terminated earlier by operation of and in accordance with this Agreement. COMPENSATION : (Choose A or B) A.    As full compensation for the services rendered pursuant to this Agreement, the Company shall pay the Contractor at the hourly rate of [dollar amount] per hour, with total payment not to exceed [ amount] without prior written approval by an authorized representative of the Company. Such compensation shall be payable within 30 days of receipt of Contractor's monthly invoice for services rendered supported by reasonable documentation. B.    As full compensation for the services rendered pursuant to this Agreement, the Company shall pay the Contractor the sum of ____________________ [ amount], to be paid _______________ [time and conditions of payment.]

Agreement to Demolish the Structure, Clear the Site and to Construct New Building on The Plot This Agreement made at .............. on this ............ day of ................. 2000, between A son of Shri.......... resident of ........... (hereinafter called 'the Employer') of the ONE PART and XYZ Constructions, a partnership firm, carrying on the business of builders and contractors, having its office at .......... (hereinafter called 'the builders') of the Other Part Where as the employer is absolutely seized or otherwise well and sufficiently entitled to the old bungalow being House No. ............. Mohalla............ with an area of ........ sq.mts which bungalow is more particularly described in " First Schedule hereunder written, and is hereinafter referred to as 'the said bungalow. and Where as the said bungalow has become very old and the employer intends to dismantle the said bungalow and construct a new bungalow on the said plot of land. and Where as the builders are willing to undertake the said job of dismantling and construction of the new bungalow in accordance with the plan and specifications set out in the Second Schedule hereunder written. Now it is Agreed between the Parties as Under: 1.     The builders agree to undertake the work of dismantling the said bungalow and to construct a new bungalow in accordance with the plan, description and specifications set out in the Second Schedule hereunder written (hereinafter referred to as "the said works') in consideration of a sum of Rs.......... to be paid by the employer to the builders in the manner hereinafter provided. 2.     The builders will dismantle the said bungalow, clear the site and construct the bungalow with the best available materials and in workmanship in accordance with the directions of the employer's architect (hereinafter referred to as the architect) in accordance with the plan, description, and specifications set out in the Second Schedule hereunder written. However, the employer may require the builders to alter the drawings and the nature of the work by adding or omitting any items of work. Such alterations shall be paid at such rates as may be mutually agreed upon. 3.     The builders shall take away the building material of the old bungalow and shall clear and level the plot of land. 4.     While demolishing and constructing the bungalow, the builders shall carry out the said Works in accordance with the law, rules and bye laws for the time being in force affecting the said works and shall give the necessary notices to and obtain the requisite sanction of the concerned local authorities in respect of the said works and shall comply with building and other regulations of such authority. 5.     The builders shall complete the said works on or before the expiry of ...... months from the date of execution of these presents in accordance with the plans duly approved by the municipal corporation of ..... and descriptions and specifications and other terms and conditions as are set out in Third Schedule hereunder written: Provided however the architect, with the previous consent of the employer, may extend the time for completion of the said works, it in his opinion the works are delayed (a) by force majeure; or (b) by reason of any exceptionally inclement weather; or (c) by reason of civil commotion, local combination of workman or strike or lock-out affecting any of building trades; or (d) in consequence of the builders not having received necessary instructions from the architect in due time; or (e) from other causes which the architect may certify as beyond the control of the builders. 6.     The employer shall pay to the builders, weekly during the progress of the work, such sum as may be sufficient to defray the expenses for materials and other out of pocket expenses, as certified by the architect. 7.     The builders hereby indemnify and keep the employer saved, defended and harmless against any claims, demands, actions or proceedings that may be suffered by the employer by reason of anything done by the builders as a result of the builders committing breach of any rules and regulations or causing damage to any adjoining property or any individual or otherwise howsoever in dismantling the property or constructing the new bungalow on the said property or any letters, applications and writings addressed by the builders pursuant to such authority as also for the costs, charges and expenses which may be incurred or for which the employer may become liable in that behalf. 8.     The builders shall be responsible for injury to persons, animals or things and for all structural damages to the property which may arise from the operation or neglect of the builders or their employees, nominees, sub-contractors or their employees, whether such injury or damage arises from carelessness, accident or any other cause whatsoever in any way connected with the carrying out of construction pursuant to these presents. This clause shall be deemed to include, inter alia, any damage to buildings whether immediately adjacent or otherwise, and any damage to roads, streets, foot-paths, bridges or ways as well as all damages caused to the buildings and works forming the subject of this contract by frost, rain, wind or other inclemency of weather. 9.     The builders shall, within one week from the date of commencement of the works, insure the works and keep them insured until the buildings complete in all respects and fit for occupation are handed over to the employer, against loss or damage by fire, earthquake, flood, cyclone, etc. with an insurer, in the joint names of the employer and the builders for the full amount of the contract and for any further sum, if called upon to do so by the employer. The premium of such further sum shall be reimbursed to the builders by the employer. The builders shall deposit the insurance policy and receipts for the premia with the employer within fourteen days from the commencement of the works, unless otherwise instructed by the employer. In case the builders fail to insure as provided above, the employer may so insure the works and may deduct the premium paid from any moneys due or which may become due to the builders without prejudice to the other rights of the employer in respect of such default. In case it becomes necessary to suspend the works due to any of the risks covered under the policy, the builders shall, as soon as the claim under the policy is settled, or the work reinstated should proceed with all due diligence with the completion of the works in the same manner as though the risk had not occurred and in all respects under the same conditions of contract. The builders in case of rebuilding or reinstatement after the risk, shall be entitled to such extension of time for completion of the works, as the architects shall deem fit. 10.  If the builders (i) have abandoned the contract; or (ii) have failed to dismantle the old bungalow and remove, clean and level the plot of land; or (iii) have failed to commence the works or have without any lawful excuse under these presents suspended the progress of the works for fourteen days after receiving from the architect notice to proceed; or (iv) have failed to proceed with the works with such due diligence and failed to make such due progress as would enable the works to be completed within the time agreed upon; or (v) have failed to remove materials from the site or pull down and replace work for seven days after receiving from the architect written notice that the said materials or work were condemned and rejected by the architect under these presents; or have neglected or failed persistently to observe and perform all or any of the acts, matters or things by this contract to be observed and performed by the builders for seven days after written notice shall have been given to the builders requiring them to observe or perform the same; then and in any of the said cases the employer may, after giving seven days notice in writing to the builders, terminate the contract, on such termination of the contract the employer by his agents or servants may enter upon and take possession of the works and all plants, tools, scaffoldings, sheds, machinery and other utensils and materials lying upon the premises or the adjoining lands or roads, and use the same as his own property or and employ the same by means of its own servants and workmen in carrying on and completing the works or by employing any other contractor or other person or persons to complete the works, and the builders shall not in any way interrupt or do any act, matter or things to prevent or hinder such other contractor or other person or persons employed for completing and finishing the works or using the materials and plant for the works. When the works shall be completed or as soon thereafter as convenient the architect shall give a notice in writing to the builders to remove their surplus materials and plant, and should the builders fail to do so within a period of fourteen days after receipt thereof by them, the employer may sell the same by public auction, and give credit to the builders for the net amount realised. The architect shall ascertain and certify what s a be due or payable to or by the employer for the value of the said materials, plants are so taken possession of by the employer and the amount which shall be so certified shall thereupon be paid by the employer to the builders or by the builders to the employer, as the case may be and the architect's certificate shall be final and binding on both the parties. 11.  If the builders fail to complete the said works within the period or extended period, the builders shall at the option of the employer, but without prejudice to the other rights under law of the employer and the other provisions herein shall pay by way of liquidated damages a sum of Rs ......... per day for the entire period of delay and the employer will be entitled to deduct such damages from the amount becoming due and payable to the builders under this Agreement. 12.  The builders shall not assign this contract to any other builder or contractor, without written consent of the employer. 13.  The builders hereby agree and undertake to rectify the defects pointed out to them during the period of 12 calendar months from the date of handing over the said buildings to the employer. If the builders fail to rectify the defects pointed out or decline to cure such defects as pointed out by the employer within fifteen days from the date of reporting to the builders, the employer may get such defects cured by such other contractors as it may deem fit at the entire cost and risk of the builders. 14.  The builders shall deliver all the plans, detailed drawings and specifications to the employer after the completion of the said works or otherwise terminated under these presents. 15.  All disputes arising between the employer and the builders under this Agreement during the continuance of this contract or on its completion or on abandonment thereof, shall be referred to arbitration to a single arbitration appointed by both the parties. It both the parties do not agree upon the appointment of single arbitrator, each party shall nominate his own arbitrator who shall before entering on the reference appoint an umpire. The arbitrator or arbitrators as the case may be shall deliver the award within a period of six months from the date of entering on the reference. The award of the arbitrator or arbitrators shall be final and binding on the parties. The parties agree that arbitration under this clause shall be a condition precedent to any right of action under the contract. In Witness Where of the employer and builders have signed these presents, the day and year first hereinabove written. Signed and delivered by A.................... the within named employer Signed and delivered by M/s. XYZ Constructions, the within named builders by their partners WITNESSES; 1. 2. Download Word Document In English. (Rs.30/-)

Form for agreement between the Employer and Employees for Reference of Disputes to Arbitration AGREEMENT BETWEEN Names of the Parties; Representing employers: Representing workmen/workman: It is hereby agreed between the parties to refer the following dispute to the arbitration of ..............................  [ here specify the name(s) and addressees) of the arbitrator(s) ] :                       i.        Specific matters in dispute;                      ii.        Details of the parties to the dispute including the name and address of the establishment or undertaking involved;                     iii.        Name of the workman in case he himself is involved in the dispute or the name of the Union, if any, representing the workmen or workman in question;                     iv.        Total number of workmen employed in the undertaking affected;                      v.        Estimated number of workmen affected or likely to be affected by the dispute. We further agree that the majority decisions of the arbitrator(s) be binding on us. In case the arbitrators are equally divided in their opinion, that they shall appoint another person as umpire whose award shall be binding on us. The arbitrator(s) shall make his (their) award within a period of ............................ (here specify the period agreed upon by the parties) or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period aforementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration.                                                                              Signature of the parties.                                                                              Representing employer.                                                                              Workman/Representing WORKMAN / WORKMEN WITNESSES; 1.             2.             Copy to:       i.        The Assistant Labour Commissioner (Central), .................. (here enter office address of the Conciliation Officer in local area concerned).      ii.        The Regional Labour Commissioner (Central)...........................     iii.        The Chief Labour Commissioner (Central), New Delhi.     iv.        The Secretary to the Government of India, Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), New Delhi. Download Word Document In English. (Rs.15/-)