Agreement Deed
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AGREEMENT DEED
This agreement made on 20th day of August 2002, between A.
Ehsal Ilahi Industries (Pvt.) Ltd., 61-Industrial Estate, Multan (hereinafter called the “COMPANY” which expression, where the contract so admits, includes the persons deriving title under it) party of the ONE PART; AND
B.
Muhammad Nawaz S/o Ahmad Ali, R/o Chak No. 38/G.B, Tehsil Jaranwala, District Faisalabad (hereinafter called the “CONTRACTOR” which expression where the contract so admits includes the person deriving the title under him) party of the OTHER PART.
Now therefore, this agreement witnesses as follows: 1.
That the contractor will take operation of the Cone Winding Section of the company on a contract basis.
2.
That the contractor will be responsible for maintaining full account of his employees as required under Labour Laws and other statutory acts in force or enforced from time to time and company shall not interfere in the supervision by the contractor of his employees.
3.
That the rate of execution of the contract shall be as under and which can be changed after mutual agreement. Rate @ Rs. 2.75 per cone of 38 (PC).
4.
That the payment will be made at the rate stipulated in para 3 above.
5.
That the contractor will maintain the full manpower strength to meet the required jobs in the department.
6.
That the company whenever, stops the working of this section wholly or partially due to any reason beyond the control of the management for any period or periods without notice, contractor will be paid an amount equal to one half of daily wages of his workers during the first fourteen days of lay-off as compensation. However, when the lay-off is for any indefinite period beyond the first fourteen days, it will be the discretion of contractor to hold or terminate his labour as he deems fit.
7.
That the contractor only shall be responsible for all his dues including wages allowances, notice pay, gratuity, old age benefit scheme, worker education cess, Social Security Contribution, bonus, leaves, insurance against hazards (if any) under the current/future labour laws. The company shall not be responsible for the same.
8.
That the contractor is solely responsible for accident, or any loss to the workers employee on the work by him and the contractor shall pay compensation payable under the law. The contractor shall not allow his workers to interfere with the company’s worker. Any damage other than normal running caused by contractor’s worker i.e. breakage of parts, mishandling of machine etc. for any reason whatsoever shall be set right by the contractor at his own risk and costs.
9.
That the contractor will submit his bills for payment on the basis of physical weight received by the company and is received by the company shall be considered final. However, if contractor so wishes he may have his representative posted at Cone winding section to authenticate weight received. Moreover, company will make payment of the bill submitted by the contractor within one week from the submission of such bills after proper checking/scrutiny.
10.
That in order to have proper quality control, the company will maintain its own quality department. The reports prepared by quality department should be signed by the contractor as an evidence of acceptance of the quality checked and reported. The management shall have the right to impose penalty equivalent to the actual loss caused by such defective production and shall recover the same from the contractor’s bill.
11.
That the company will maintain necessary general maintenance staff for heavy break down at each of the section i.e. Cone Winding and company will have the right to do any maintenance work in any manner as company feels best. However, the contractor will be responsible to keep necessary technical staff to run machinery efficiently during production. The contractor will also ensure that the cleaning of section is maintained to a reasonable extent.
12.
That the company, if not satisfied with the operation of the contractor or quality of production, or percentage of waste or maintaining and handling of the machinery during running, the company can terminate the contract earlier without assigning any reason and the contractor will have no objection whatsoever against such termination of contract.
13.
That the contractor undertakes to keep the company indemnified and to save the company harmless for loss occasioned to the company by reason of the contractor failing to discharge his liabilities to his employees to other statutory liabilities that are related to the
employment of the contractor’s employees engaged to execute the works herein contracted. 14.
That this contract will be for a period of eight months commencing from 20th August, 2002 to 19th of April, 2003. The contract can be terminated by giving one (1) month’s notice, by either side and the contract can be renewed after eight months by mutual consent.
15.
That if the contractor damages the image of the company by his action or deeds the company has reserve the right to cancel his contract immediately without giving any notice.
16.
That the contractor will take prior permission to do similar work with a similar industry, failing which the company has the right to terminate the contract without prior notice.
In witness whereof the parties have set their respective hands for the deed on the day and year mentioned first. Occupier
Contractor
ATEEQ-UR-REHMAN NAWAZ Director, Ehsan Ilahi Industries (Pvt.) Ltd.
MUHAMMAD S/o Ahmad Ali, R/o Chak No. 38/G-B, Tehsil Jaran Wala, Distt. Faisalabad.
Witnesses: 1.
Name: MOHAMMAD KHALIL Address: 18-Q-Z, Multan. N.I.C. No. 323-50-051323 _______________
2.
Name: Address:
NASIR ALI Chiwand P.O. same Tehsil Wazir Abad, District Gojranwala. N.I.C. No. 288-94-308094 _______________
Mr. Syed Sakhawat Ali Shah S/o Syed Imran Ali Shah, Proprietor of M/s Skahawat Shah & Co. Bastee Khudadad Colony, Multan. Subject: - TERMINATION OF CONTRACT. Dear Sir, We
have
been
informed
that
your
operation regarding contract is not satisfactory and you have not been able to handle the production and quality properly. We are, therefore, not in a position to continue this contract for any further
period.
We
regretfully
terminate
the
contract deed signed between, the parties on . You should settle your full and final accounts and ensure us that you have paid all the Govt. due pertaining to Contribution, Education
Cess and fulfilled other liabilities towards your employees as un independent contractor. Kindly acknowledge the receipt of this letter by the return of post. Yours Sincerely, for
PAKISTAN
POLYPROPYLENE
LTD. FACTORY MANAGER
PACKAGES
This agreement made on 20th day of August 2002, between A.
Ehsal Ilahi Industries (Pvt.) Ltd., 61-Industrial Estate, Multan (hereinafter called the “COMPANY” which expression, where the contract so admits, includes the persons deriving title under it) party of the ONE PART; AND
B.
Muhammad Nawaz S/o Ahmad Ali, R/o Chak No. 38/G.B, Tehsil Jaranwala, District Faisalabad (hereinafter called the “CONTRACTOR” which expression where the contract so admits includes the person deriving the title under him) party of the OTHER PART.
Now therefore, this agreement witnesses as follows: 1.
That the contractor will take operation of the Cone Winding Section of the company on a contract basis.
2.
That the contractor will be responsible for maintaining full account of his employees as required under Labour Laws and other statutory acts in force or enforced from time to time and company shall not interfere in the supervision by the contractor of his employees.
3.
That the rate of execution of the contract shall be as under and which can be changed after mutual agreement. Rate @ Rs. 2.75 per cone of 38 (PC).
4.
That the payment will be made at the rate stipulated in para 3 above.
5.
That the contractor will maintain the full manpower strength to meet the required jobs in the department.
6.
That the company whenever, stops the working of this section wholly or partially due to any reason beyond the control of the management for any period or periods without notice, contractor will be paid an amount equal to one half of daily wages of his workers during the first fourteen days of lay-off as compensation. However, when the lay-off is for any indefinite period beyond the first fourteen days, it will be the discretion of contractor to hold or terminate his labour as he deems fit.
7.
That the contractor only shall be responsible for all his dues including wages allowances, notice pay, gratuity, old age benefit scheme, worker education cess, Social Security Contribution, bonus, leaves, insurance against hazards (if any) under the current/future labour laws. The company shall not be responsible for the same.
8.
That the contractor is solely responsible for accident, or any loss to the workers employee on the work by him and the contractor shall pay compensation payable under the law. The contractor shall not allow his workers to interfere with the company’s worker. Any damage other than normal running caused by contractor’s worker i.e. breakage of parts, mishandling of machine etc. for any reason whatsoever shall be set right by the contractor at his own risk and costs.
9.
That the contractor will submit his bills for payment on the basis of physical weight received by the company and is received by the company shall be considered final. However, if contractor so wishes he may have his representative posted at Cone winding section to authenticate weight received. Moreover, company will make payment of the bill submitted by the contractor within one week from the submission of such bills after proper checking/scrutiny.
10.
That in order to have proper quality control, the company will maintain its own quality department. The reports prepared by quality department should be signed by the contractor as an evidence of acceptance of the quality checked and reported. The management shall have the right to impose penalty equivalent to the actual loss caused by such defective production and shall recover the same from the contractor’s bill.
11.
That the company will maintain necessary general maintenance staff for heavy break down at each of the section i.e. Cone Winding and company will have the right to do any maintenance work in any manner as company feels best. However, the contractor will be responsible to keep necessary technical staff to run machinery efficiently during production. The contractor will also ensure that the cleaning of section is maintained to a reasonable extent.
12.
That the company, if not satisfied with the operation of the contractor or quality of production, or percentage of waste or maintaining and handling of the machinery during running, the company can terminate the contract earlier without assigning any reason and the contractor will have no objection whatsoever against such termination of contract.
13.
That the contractor undertakes to keep the company indemnified and to save the company harmless for loss occasioned to the company by reason of the contractor failing to discharge his liabilities to his employees to other statutory liabilities that are related to the
employment of the contractor’s employees engaged to execute the works herein contracted. 14.
That this contract will be for a period of eight months commencing from 20th August, 2002 to 19th of April, 2003. The contract can be terminated by giving one (1) month’s notice, by either side and the contract can be renewed after eight months by mutual consent.
15.
That if the contractor damages the image of the company by his action or deeds the company has reserve the right to cancel his contract immediately without giving any notice.
16.
That the contractor will take prior permission to do similar work with a similar industry, failing which the company has the right to terminate the contract without prior notice.
In witness whereof the parties have set their respective hands for the deed on the day and year mentioned first. Occupier
Contractor
ATEEQ-UR-REHMAN NAWAZ Director, Ehsan Ilahi Industries (Pvt.) Ltd.
MUHAMMAD S/o Ahmad Ali, R/o Chak No. 38/G-B, Tehsil Jaran Wala, Distt. Faisalabad.
Witnesses: 1.
Name: MOHAMMAD KHALIL Address: 18-Q-Z, Multan. N.I.C. No. 323-50-051323 _______________
2.
Name: Address:
NASIR ALI Chiwand P.O. same Tehsil Wazir Abad, District Gojranwala. N.I.C. No. 288-94-308094 _______________
Mr. Syed Sakhawat Ali Shah S/o Syed Imran Ali Shah, Proprietor of M/s Skahawat Shah & Co. Bastee Khudadad Colony, Multan. Subject: - TERMINATION OF CONTRACT. Dear Sir, We
have
been
informed
that
your
operation regarding contract is not satisfactory and you have not been able to handle the production and quality properly. We are, therefore, not in a position to continue this contract for any further
period.
We
regretfully
terminate
the
contract deed signed between, the parties on . You should settle your full and final accounts and ensure us that you have paid all the Govt. due pertaining to Contribution, Education
Cess and fulfilled other liabilities towards your employees as un independent contractor. Kindly acknowledge the receipt of this letter by the return of post. Yours Sincerely, for
PAKISTAN
POLYPROPYLENE
LTD. FACTORY MANAGER
PACKAGES
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