SECURITY AGREEMENT
This SECURITY AGREEMENT (here-in-after referred to as the Agreement) is being
executed between
M/[Link] Krishna Wholesale Market Society, having its registered office at
[Link] Market, Near Flipkart ((Best Price), Mangalagiri Road, Guntur -522 001,
Andhra Pradesh, being represented through its Authorized Signatory Mr. M Sai Babu,
PRESIDENT (here-in-after referred to as the COMPANY), which term wherever the
context means and include their successors- in- interest, assigns of the one part
And
M/[Link] Teja Services, having its registered office at Door No:6-7-22, Surya
Residency, 7/3, Arundelpet, Guntur – 522 002 through Mr. Raghava Rao Alla,
Managing Partner, hereinafter referred as -SERVICE PROVIDER,which expression
unless repugnant to the context shall mean and include its successor in interest and
assigns of the other part.
Whereas the COMPANY is engaged in Wholesale/ retail business at [Link]
Market, Near Flipkart ((Best Price), Mangalagiri Road, Guntur -522 001
Whereas the SERVICE PROVIDER is engaged in providing the Security Services.
Whereas the COMPANY has approached the SERVICE PROVIDER and offered to
provide the Security Services at the above mentioned address and the SERVICE
PROVIDER has accepted the said offer vide terms & conditions contained with this
Agreement.
Whereas the Service Provider shall provide security services at the Company's above
mentioned Address.
The below mentioned terms and conditions shall form part of this Agreement
OBLIGATIONS OF SERVICE PROVIDER
1. The Service Provider agrees to provide security services at the Company's above
designated address as specified in schedule for a period w.e.f. 01.01.2015 to
31.12.2015.
2. The Service Provider agrees to provide security personnel and for such hours and
such time as specified in schedule.
3. The Service Provider shall use skill and care in providing the guarding services in
accordance with good industry practice.
4. All the security persons shall be interviewed by the Company before their deployment
by the Security Provider.
5. It shall be the duty of the security personnel deployed by the Service Provider to keep
a constant watch and to move around the premises of the designated premises and to
prevent any outsider from entering the company premises except with the permission of
the Company's authorized oficers.
6. No person, without having an identity card or a pass issued by the Company or
without the express permission of the officers nominated by the Company, shall be
allowed to enter the premises of the Company's above mentioned designated premises
whether with or without any vehicle. If any security personnel arrives at the entry/exit
gate without having an identity card or pass or written permission, then the name of
such security personnel shall be communicated to authorized officer of the Company
and only on such officer permitting him to enter that he will be allowed to do so.
7. The security personnel shall be entitled to examine in person of any incoming or
outgoing visitor or other person, if he is suspected to carry with him any objectionable
material.
8. The persons to be provided as security personnel shall be physically fit, neat and tidy
and shall be supplied uniform and a definite insignia by the Security Provider so as to
be easily identified as its security personnel. Preferably such persons shall be ex- army
men or ex-police constables. If the company through its authorized officer finds any
security personnel physically unfit or weak or not properly dressed up, the officer of the
company shall be entitled to ask the Service Provider to have him replaced by any other
proper and fit person.
9. The security personnel so provided shall endeavour to take all steps and precautions
to prevent thefts, pilferage and other criminal acts in the premises of the Company's
designated premises above named.
10. If, as a result of negligence, careless, misbehaviour and/or criminal act of the
security personnel deployed by the Service Provider, the Company suffers any loss or
damage, then the Service Provider shall be liable to make good the loss to the
Company. However, Service Provider's total liability to compensate in respect of any
loss or damage suffered by the Company as a result of breach by the Service Provider
of its contractual obligations, then the same shall not exceed the amount equivalent to
three month's billing amount, and that amount shall be deducted forthwith.
11. If any security personnel is found misbehaving or in a drunken state or otherwise
creating any mischief or nuisance, then the Company shall be entitled to ask the
Service Provider to replace him by another fit security personnel and the Service
Provider shall do so forthwith without questioning the decision of the Company's officer.
12. The Company shall have the right, within reason, to have any person removed who
is considered being undesirable or otherwise and similarly Service Provider reserves
the right to remove the guard with prior intimation and approval of the Company,
emergencies exempted.
13. The Service Provider has represented to the Company that duly registered under
the provisions of the Provident Fund, Empłoyees State Insurance Act and other relevant
labour welfare Acts/Regulations and has obtained the necessary Code numbers under
these Acts/regulations.
14. The responsibility and liability of payment of wages and other emoluments to the
Security Personnel shall be that of the service Provider only. Further, the matters of the
earned leave, sick leave and other facility to be given to the security personnel shall be
a matter between Service Provider and its security personnel and the Service Provider
agrees to indemnify and keep indemnified the Company against any claim, loss, cost,
charges, damages and expenses incurred or suffered by the Company on that account.
15. The Security Personnel shall not be treated as the employees of the Company but
shall be the employees of the Service Provider and all the liabilities on account of the
said employees shall be that of the Service Provider only.
16. The Service Provider shall cover its security personnel for personal accident and
death whist performing their duty at the Company's above mentioned designated
premises.
17. The Service Provider shall provide guarding services as per the Instructions given to
it by the Company through its uniformed and trained personnel for the performance of
its services hereunder and these security personnel deployed shall be the employees of
SERVICE Provider and all statutory liabilities shall be paid for by the Service Provider
such as ESI, PF etc. The Service Provider shall, at the time of start of this Agreement,
provide a copy each of all the statutory compliances to the Company.
18. The Service Provider, while engaging employees for the services, shall observe the
rules and regulations as may be applicable under the Labour Laws/Regulations made
there under and shall be responsible for ensuring that there does not arise any
compensatory claims under this Agreement, include the liabilities under the Provident
Fund Act, E.S.I. Act, Workmen's Compensation Act, Minimum Wages Act and/or any
other labour welfare Acts/Regulations.
21. The security personnel shall act according to the instruction of the Company's
official authorized in this behalf by the company.
22. The Service Provider shall comply with the provisions of all the Labour Law statutes,
ordinances, rules and regulations applicable to the employment of security personnel
and the services agreed to be provided pursuant to this Agreement and shall obtain all
necessary registrations, licenses, approvals, sanctions and file returns and maintain
records etc. as required under Contract Labour (Regulation and Abolition) Act and
Rules, Employees Provident Funds and (Miscellaneous Provisions) Act and rules made
therein, Employees State Insurance Act and rules and regulations made therein, Equal
Remuneration Act and rules made therein, Industrial Employment (Standing Orders) Act
and rules and regulations made therein, Maternity Benefit Act and rules made therein,
Minimum Wages Act and rules made therein, Payment of bonus act and rules made
therein, payment of wages act and rules made therein, Workmen Compensation Act
and rules made therein or as required by any other law, rules, regulations, notification
etc.
24. The Service Provider shall provide supervision to ensure correct performance of
guarding services in accordance with assignment instructions.
25. Weekly visit of any senior person from the Service Provider's office shall be
conducted to ensure adequate performance of guarding services and proper follow up
of the checklist given by the Company to the Service Provider.
26. The Service Provider shall ensure that all the employees will be in neat and clean
uniforms appropriate for their duties.
27. The Service Provider shall ensure and maintain high standards of personal hygiene
among its employees.
28. The Service Provider shall submit reports fortnightly related to performance of
guarding services, actions taken for any incidence happening during the relevant period,
completion of assignment given by the Company from time to time or any reports
required by the Company.
30. The Service Provider shall not be liable for any loss, injury, damage, cost or
expense of any nature, directly or indirectly, caused by or resulting from or connection
With any Act of Terrorism or any Biological or Chemical Contamination.
31. Subject to the provisions of Para 10 above, the Service Provider shall not be liable
for any loss, injury, damage, cost or expense resulting from the events wherein the
Company, its employees or agents, attributed to such loss, injury, damage, cost or
expense. The burden of proving the aforementioned loss, injury, damage, cost or
expense shall be exclusively that of the Service Provider and the Service Provider shall
be subjected to strict proof thereof. In case of any dispute the decision of the company
shall be final & binding upon the Service Provider.
COMPANY'S OBLIGATIONS
32. No employee of the Service Provider shall be contracted or employed by the
Company within a period of six months of having left the services of the Service
Provider.
The Company may recruit them only after a clear gap of Six Months fromthe date of
their leaving the services of the Service Provider. In case of breach of this clause, the
Company agrees to pay to the Service Provider twelve months' salary for each and
every such person so recruited by it.
34. The Company may comply with and fulfil the security recommendations (if any)
made to it in writing by the-Service Provider connection with the performance of the
guarding services.
Termination for Clause: Either party may terminate this Agreement with written notice
of 30 days if the other party breaches any material term or condition of this Agreement.
Either party may terminate this Agreement without cause by providing written notice of
termination at least 60 days before the intended termination date.