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Canteen Agreement-Sonu Kumar-Vinayak

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0% found this document useful (0 votes)
161 views5 pages

Canteen Agreement-Sonu Kumar-Vinayak

Mess agreeement

Uploaded by

Headoffice
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CANTEEN AGREEMENT

THIS AGREEMENT MADE at Delhi this 10th day of September, 2024

BETWEEN
Sonu Kumar, the proprietorship firm, having its registered office at Plot No. 3,
First floor, Pocket-27, Sector-24, Rohini, Delhi-110086, represented by Mr. Sonu
Kumar, Proprietor (Herein after referred to as “The Proprietor” which expression
shall unless repugnant to the context or meaning thereof shall include it’s
representatives and permitted assigns) of the ONE PART.
AND
M/s Sri Vinayaka Canteen Service, having its office at NE 225, Pulipakkam
Village, Chengalpattu - 603002 represented by Mr. Palaniappan Lurdhu,
Authorised Person (hereinafter called “The Contractor(s)” which expression shall
mean and include all the survivors or survivor, their respective legal heirs,
executors and administrators) of the OTHER PART.
WHEREAS the Proprietor is engaged in the business of collection of user
fees at Paranur Toll Plaza and is required to provide canteen facilities for its
employees.
AND WHEREAS the Contractors have offered their services for running the
canteen at the premises of the Proprietor at Paranur toll plaza on the terms and
conditions hereafter appearing.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS


FOLLOWS

1. The said agreement shall remain in force for a period of 1 year/s from
10.09.2024 to 10.09.2025 unless the agreement is sooner terminated or
renewed.
2. The Contractor agrees to supply to the Proprietor and members of the staff of
the Proprietor in the canteen hall at specified times, various items at rates as may
be mutually agreed between the Proprietor and the contractor.
3. Supply of items on credit shall be at the Contractors’ own risk and the
Proprietor shall not take any liability for such credit and its recovery thereof.
4. The said items shall be of standard quality and they will be strictly in
accordance with the Prevention of Food Adulteration Act. In case there will be
any violation of the Act, the Contractor will be solely and wholly responsible. They
will also furnish declaration/undertaking to the appropriate authorities as and
when required. The said items if necessary may be offered to any of the Senior
Officer of the Proprietor for inspection.
5. The Proprietor shall exercise strict control on the operations of the canteen
concerning timely supply of the items in the manner laid down hereinabove or
under any rules made in this behalf in the interest of discipline and efficiency.
The Proprietor shall also exercise control on quality and quantity of items.
6. The Proprietor agrees to pay the Contractor a monthly sum of INR
3,00,000/- (Rupees Three Lakh only).
7. The Proprietor shall, free of cost, allow the contractor use of the canteen
premises and also the catering utensils, water facility, electrical
fittings/appliances, furniture and fixtures, cutlery, electric power and cooking
arrangements for running the canteen services for the benefit of the employees
of the Proprietor.
8. In case of any damage to any part of the building or furniture, fixtures,
fittings, equipments and/or other properties of the Proprietor, appropriate cost of
such material shall be deducted at the discretion of the Proprietor from the
security deposit and the balance (if any) only shall be repaid. If the deposit falls
short of the amount to be recovered, the balance shall be recovered from the
bills of the Contractor.
9. The Contractor shall be responsible for maintaining the Canteen hall, kitchen,
storeroom and surrounding area neat and clean and utensils in perfect hygienic
condition.
10. The Contractor agrees not to transfer or assign their rights under this
agreement to any other party without prior written permission of the Proprietor.
11. The Contractor shall keep the premises in good order and condition. It shall
be the responsibility of the Contractor to clean and maintain the furniture,
electrical fittings, canteen hall, kitchen etc. The Contractor shall on expiry of the
said period or on earlier determination of this Agreement return all the
equipments, utensils, furniture, fixtures, electrical fittings/appliances, cutlery
etc., in the same condition as it was initially given, except for the reasonable
wear and tear and any loss or damage due to breakage or any other cause/s shall
be made good by the Contractor at his own cost.
12. The Contractor agree that they will not use or permit to use the canteen
premises for any purpose other than for which it is permitted.
13. Proprietor reserves its rights to have overall control over the canteen
building, furniture and other facilities provided.
14. The Contractor shall not provide services to any other person or persons who
are not workers or staff of the Proprietor except with the written permission of
the Proprietor.
15. The Contractor shall not allow any employee of the Proprietor to enter the
canteen and to avail of the canteen services at any time except the permitted
hours which shall be specified by the Proprietor from time to time.
16. The Contractor agrees that he shall with the expiration of the said term or a
sooner determination of such agreement; peaceably and quietly surrender to the
Proprietor, the canteen premises and equipments, fixtures, fittings etc. lent to
him.
17. The Contractor agrees to employ sufficient number of workers in
consultation with the Proprietor and all such workers shall have attained 18 years
of age and declared medically fit by the Medical Officer recommended by the
Proprietor and shall be under supervision and control of Contractor alone.
18. The Contractor shall be personally responsible for the conduct and behavior
of his employees. The employees engaged by the Contractors will not be
deemed to be employees of the Proprietor, since there will be no privity of
contract between the Proprietor and the employees engaged by the Contractor.
19. The Contractor agrees to pay emoluments to his employees as per
requirements of law and also comply with any other legal requirements such as
payment of contribution to Employees State Insurance Scheme, Provident Fund
etc. The Contractor agrees to reimburse to the Proprietor, if the Proprietor is
required to make payment in respect of employees of the Contractor during the
tenure of this agreement or thereafter in respect of the period of agreement.
20. The Contractor agrees to give proper uniform to their employees as
approved by the Proprietor and assure that it will be clean and proper uniform
only.
21. The Contractors agree to pay all the rates and taxes in respect of the said
canteen.

22. The Contractors agree to allow representative(s) of the Proprietor at all


reasonable times to inspect the work in the canteen.
23. The Contractors agree not to affix without previous written consent of the
Proprietor any bills, hoardings, notices, placards, advertisements either inside or
outside the canteen building/area.
24. The Contractors agree to abide by all the rules and regulations of the
Proprietor as applicable from time to time and especially undertake that all the
incoming and outgoing materials will be subject to check at the Gate by the
Security staff.
25. The Proprietor agrees to provide to the Contractor, canteen hall with
furniture, fixtures, fittings etc. No rental charges would be payable by the
Contractor for the use of said premises, furniture’s, fittings, fixtures etc. and
they will not use the electricity for cooking purpose and shall not take out
additional connections from the standard fittings in the canteen building for
using appliances without prior permission of the Proprietor.
26. The Contractor agrees to make his own arrangement for cooking fuel i.e.
coal, kerosene, gas etc. Proprietor does not guarantee for the gas supply but in
case arrangement and efforts are made, the Canteen Contractor shall meet out
the expenses for the same. The Contractor will ensure that all canteen workers
are trained in use of LPG cylinders and they observe all safety precautions.
27.The Proprietor shall not be liable for facilitating the transport for bringing the
items for canteen use i.e. raw material, fuel etc.
28. The Proprietor agrees to provide from time to time all equipment’s, utensils
other than crockery, such as cups, saucers, dishes and fuel etc. which are in its
opinion necessary to the Contractors for use during the period of the agreement.
However, 50% of the value of such utensils etc. supplied by the Proprietor shall
be paid by the Contractor and will be treated as deposit.
29. The said amount shall be refundable by the Proprietor on termination or
earlier determination of this agreement after deducting therefrom the cost of
damaged broken or defective equipment’s/utensils given on loan, if any, except
reasonable wear and tear. If after deducting the amount from the said deposit
there still remains any amount to be recovered, it shall be recoverable from his
bills.
30. The Contractor shall alone be liable for payment of any compensation to his
employees suffered due to accident, fire, litigation, or any such other causes.
The Contractor shall take appropriate Insurance Policy.
The Proprietor shall on no count be liable for payment of compensation.
In the event the Proprietor is made liable, the Contractor shall indemnify the
Proprietor against all such payments.
31. The Contractor hereby agrees that the Proprietor shall not be held liable for
any suit and/or litigation filed by any of the employee of the Contractor. In the
event of any suit and/or litigation filed by the employee of the Contractor
against the Proprietor, the Contractor shall indemnify the Proprietor and shall
bear all expenses incurred by the Proprietor in defending such suit and/or
litigation.
32. The Contractors shall have to carry out the instructions given by the
officer/official and non-compliance of the instructions shall be treated as breach
of this contract, for which penalty can be imposed upon the Contractors or this
agreement be rescinded.
33.In case of non-observance and non-performance of any of the provisions of
this agreement by the Contractors, the Proprietor shall be at liberty or with any
time thereafter, to terminate this agreement.
34.It is agreed that either party can terminate the agreement during the term
by giving 30 days notice in writing to other party. In any case the contractor
shall continue to run the canteen till alternate arrangement is made by the
Proprietor.
35. Any relaxation or indulgence granted by the Proprietor to the Contractors
shall not in any way prejudice strict rights of the Proprietor under this
Agreement.
36. The Contractors agree to strictly adhere to the canteen timings as laid down
by the Proprietor and ensure that the canteen will remain closed during the
closure timings.
37. This Agreement shall be subject to the jurisdiction of the Courts in Delhi and
no other Courts shall have jurisdiction in any litigation arising out of this
Agreement.

IN WITNESS WHEREOF PARTIES HERETO HAVE SET THEIR RESPECTIVE HANDS


AND SEAL ON THE DATES MENTIONED UNDER THEIR SIGNATURE.

SIGNED, SEALED AND DELIVERED )


By the within named )
Mr. Sonu Kumar )
Proprietor )
Representing )
M/s Sonu Kumar )
the party of the One Part )
in the presence of )
)
1. )
)
2. )

SIGNED SEALED AND DELIVERED )


By the within named )
Mr. Palaniappan Lurdhu )
Authorised Person )
Representing )
Sri Vinayaka Canteen Service )
the party of the Other Part )
)
in the presence of )
)
1. )
)
2. )

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