Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Contract - Contract - अनुबंध अनुबंध

Download as pdf or txt
Download as pdf or txt
You are on page 1of 89

Contract|अनुबंध

Contract No|अनुबंध मांक: GEMC-511687736492912


Contract Generated Date|अनुबंध त थ : 01-Dec-2023
Bid/RA/PBP No.|बोली/आरए/पीबीपी सं या: GEM/2023/B/4012409

Organisation Details|संगठन ववरण Buyer Details|खरीदार ववरण


Type| प: State Government Designation|पद : Section officer
Ministry|मं ालय : - Contact No.|संपक नंबर : 0522-2238108-
Department| वभाग : Law Department Uttar Pradesh Email ID|ईमेल आईडी : vishnu.13030@gov.in
Organisation Name|संगठन का नाम : N/A GSTIN|जीएसट आईएन : -
Office Zone|कायालय े : U P Secretariate, Lucknow vidhansabha Marg, U.P. Sectt Lucknow,
Address|पता :
LUCKNOW, UTTAR PRADESH-226001, India

Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
PRINCIPLE SECRETARY Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : UNDER SECRETARY1
PRINCIPLE SECRETARY
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : ashok.13263@gov.in
GSTIN|जीएसट आईएन : -
vidhansabha Marg, U.P. Sectt Lucknow,
Address|पता:
LUCKNOW, UTTAR PRADESH-226001, India

Consignee Details|परे षती ववरण

S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण

Contact|संपक : 0522-2238108-
Email ID|ईमेल आईडी : ramakant.13221@gov.in
GSTIN|जीएसट आईएन : -
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
Address|पता : vidhansabha Marg, U.P. Sectt
Lucknow,
LUCKNOW, UTTAR PRADESH-226001, India

Service Provider Details|सेवा दाता ववरण


GeM Seller ID|जेम व े ता आईडी : FQ8M230007879088
Company Name|कंपनी का नाम : DEVENDRA H.R SERVICES PRIVATE LIMITED
Contact No.|संपक नंबर : 09161697129
Email ID|ईमेल आईडी : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
Address|पता :
Lucknow, UTTAR PRADESH-226024, -
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-UP-50-0053911
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : Male
GSTIN|जीएसट आईएन: 09AAJCD3815A1ZZ

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee

Service Details|सेवा ववरण

Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 02-Dec-2023 Service End Date|सेवा समा त त थ : 02-Dec-2024

Category Name| ेणी नाम : Manpower Outsourcing Services - Minimum wage

Billing Cycle| ब लंग च : monthly

Description| ववरण Number of Resources to be hired Percentage of Service charge inclusive of GST

Skill Category Skilled

Type of Function Others

List of Profiles Driver - LMV

Educational Qualification High School

Specialization Not Required

Post Graduation Not Required

Specialization for PG Not Applicable

Experience 3 to 7 Years

Zipcode NA

District NA

Minimum daily wage (INR) exclusive of GST 478 3 4.5

Bonus (INR per day) 0

EDLI (INR per day) 0


EPF Admin Charge (INR per day) 0

Optional Allowances 1 (INR per day) 0

Optional Allowances 2 (INR per day) 0

Optional Allowances 3 (INR per day) 0

ESI (INR per day) 16

Provident Fund (INR per day) 62

Number of working days in a month 26

Tenure/ Duration of Employment (in months) 12

Total Amount (Formula)|कुल रा श (सू ) :


( (((Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund (I NR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin Charge (INR per day
)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Option al Allowances 3 (INR per day) )*Number of working days in a month)*1.18 + (Perce ntage of
Service charge inclusive of GST*(Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund (INR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin
Charge (INR per day)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Optional Allowances 3 (INR per day))*Number of working days in a month)/100
)*Number of Resources to be hired*Tenure/ Duration of Employment (in months) )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 637509.6

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 637509.6

Additional Details|अ त र त जानका रया

Designation : Driver-LMV
`
Title for Optional Allowances 2 : 0
`
Title for Optional Allowances 3 : 0
`
Title for Optional Allowances 1 : 0
`

Amount of Contract|अनुबंध क रा श

Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 637509.6

SLA Details|एसएलए ववरण

Service Level Agreement

Manpower Outsourcing Services – Minimum Wage Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-


1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted
assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.

4 Terms & Conditions:


4.1 Buyer’s Obligations:
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/ entry
pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the labor
laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery etc., if
required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer, electricity,
internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate authority
of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days,
the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which
necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be provided by the
Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those resources.
In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs incurred by Service
provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service charges quoted by them
during the bid participation.

4.2 Service Provider’s Obligations:

i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. No advance payment shall be made to the Service Provider.
v. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vi. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
viii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
ix. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
x. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xi. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.

Cancellation of the contract with cancellation


If employee is found disclosing any
charges @ 10% of the order value along with
confidential information/ document
2 recovery of losses caused (if any) and legal - -
to the Service Provider/ any third
action against the Service Provider
parties
depending on the gravity of the act

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 daywages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value
If the employee is found responsible Deductions
Immediate replacement within 2 days/
S. for adopting illegal and foul methods
Description cancellation of the contract with cancellation Cancellation of the contract with cancellation
No.
6 or exercising any corrupt practice in -
charges
1st @ 10%, as decided by the buyer
Instance charges
2nd @ 10% of the order value
Instance 3rd Instance
collusion with any third party or
depending on the gravity of the act.
officials at the workplace

Rs. 200 per day per resource, hold on all type


Delay in payments of take-home
Rs. 100 per day per resource, warning to of payments to Service Provider till the said Cancellation of the contract with
remuneration by the Service Provider
7 Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
and deposit of EPF and ESI (both
within 7 working days stakeholders and proof of same is submitted value
employee and employer share)
to Buyer

6 Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used

8.1 Cumulative Cost (Daily): -

“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)

8.2 Total: -

“tcv” = (d * 1.18 + d * sc / 100) *nd * t * q


Where
“tcv” = Total Contract Value
“d” = Cumulative Cost (Daily) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“nd” = No. of working days in a month
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

Additional Required Data/Document(s) : Buyer|अ त र त आव यक डेटा/द तावेज़: खरीदार

1 . Scope of work & Job description : click here


2 . Buyer to upload undertaking that Minimum Wages indicated by him during Bid Creation are as per applicable Minimum Wages Act : click here

Additional Data/Document(s) : Seller|अ त र त डेटा/द तावेज़ : व े ता

1 . Certificate (Requested in ATC) : click here


2 . Project Experience And Certificates With Respect To Eligibility Criteria : click here
3 . Statutory Auditor Certificate : click here
4 . Copy Of Labour Licence/pf/epf/esi Registration Letter/certificate : click here
5 . Copy Of Certificate For Incorporation/registration Of Bidding Entity Under Appropriate Act/authority In India : click here
6 . Auditor Certificate For Profit Making Entity In Last 3 Yrs : click here
7 . Registration Certificate For Geographical Presence As Required By Buye : click here

ePBG Detail | ईपीबीजी ववरण

Advisory Bank | सलाहकार बक : NA

ePBG Percentage(%) | ईपीबीजी तशत (%) : NA

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

2. Buyer Added Bid Specific Terms and Conditions-

2.1 Generic:
OPTION CLAUSE: The buyer can increase or decrease the contract quantity or contract duration up to 25 percent at the time of issue of the contract. However, once the contract
is issued, contract quantity or contract duration can only be increased up to 25 percent. Bidders are bound to accept the revised quantity or duration

2.2 Service & Support :


AVAILABILITY OF OFFICE OF SERVICE PROVIDER: An office of the Service Provider must be located in the state of Consignee. DOCUMENTARY EVIDENCE TO BE SUBMITTED.

2.3 Service & Support :


Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free Telephone No. for Service Support.

2.4 Service & Support :


Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers for Service Support.

2.5 Human Resource Service :


Continuity of resources deployed by Service Provider: Successful Service provider will ensure continuity of any allocated / deployed resources with the prior consent of the buyer
department. Deployed resources cannot be replaced by Service Provider without prior approval of buyer. Any replacement will also be provided through Sewayojan Portal only.

2.6 Certificates :
Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.

2.7 Forms of EMD and PBG :


Bidders can also submit the EMD with Account Payee Demand Draft in favour of

principal secretary
payable at
law department
.
Bidder has to upload scanned copy / proof of the DD along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date / Bid Opening date.

2.8 Forms of EMD and PBG :


Bidders can also submit the EMD with Fixed Deposit Receipt made out or pledged in the name of A/C (Name of the Buyer). The bank should certify on it that the deposit can be
withdrawn only on the demand or with the sanction of the pledgee. For release of EMD, the FDR will be released in the favour of the bidder by the Buyer after making
endorsement on the back of the FDR duly signed and stamped along with covering letter. Bidder has to upload scanned copy/ proof of the FDR along with bid and has to ensure
delivery of hardcopy to the Buyer within 5 days of Bid End date/ Bid Opening date

2.9 Payment :
PAYMENT OF SALARIES AND WAGES: Service Provider is required to pay Salaries / wages of contracted staff deployed at buyer location first i.e. on their own and then claim
payment from Buyer alongwith all statutory documents like, PF, ESIC etc. as well as the bank statement of payment done to staff.

Note: This is system generated file. No signature is required.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।


Contract|अनुबंध
Contract No|अनुबंध मांक: GEMC-511687770499730
Contract Generated Date|अनुबंध त थ : 02-Sep-2023
Bid/RA/PBP No.|बोली/आरए/पीबीपी सं या: GEM/2023/B/3769880

Organisation Details|संगठन ववरण Buyer Details|खरीदार ववरण


Type| प: State Government Designation|पद : Executive engineer
Ministry|मं ालय : - Contact No.|संपक नंबर : -
Department| वभाग : Irrigation and Flood Control Department Uttar Pradesh Email ID|ईमेल आईडी : ee.admmntswic-lu@up.gov.in
Organisation Name| GSTIN|जीएसट आईएन : -
UPID Web Portal - Irrigation Department
संगठन का नाम : NHP First Floor Dr. Ram manohar Lohiya Parikalp Bhavan,
Address|पता :
Office Zone|कायालय Engineer In Chief Office, Irrigation & Water Resource Department, LUCKNOW, UTTAR PRADESH-226025, India
े : Up, Cantt. Road, Udaiganj, Lucknow-226001

Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
CE Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : EXECUTIVE ENGINEER UNIT 3
CE
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : eeunit3isoiduplu-up@nic.in
GSTIN|जीएसट आईएन : -
OFFICE OF SUPERINTENDING ENGINEER, INFORMATION
SYSTEM ORGANIZATION, IRRIGATION & WATER RESOURCES
Address|पता: DEPARTMENT, 3rd Floor, Dr RAM MANOHAR LOHIA
PARIKALP BHAWAN, TELIBAGH,
Lucknow, UTTAR PRADESH-226025, India

Consignee Details|परे षती ववरण

S.No|
Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
.सं.

Manpower Outsourcing Services - Fixed Remuneration - IT-Technical; Expert GIS; Post Graduation in Geography with
First Division and Diploma in Remote Sensing and GIS with at least 10 years of experience in the relevant field or
subject

Contact|संपक : - Manpower Outsourcing Services - Fixed Remuneration - IT-Technical; Expert Hardware Networking; BE or B Tech
Computer Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent qualification with at
Email ID|ईमेल आईडी : ae1.mntswic-lu@up.gov.in
GSTIN|जीएसट आईएन : - least 10 years of experienc..
1
Address|पता : NHP First Floor Dr. Ram manohar
Manpower Outsourcing Services - Fixed Remuneration - IT-Technical; Expert Database; BE or B Tech Computer
Lohiya Parikalp Bhavan,
Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent qualification with at least 10
LUCKNOW, UTTAR PRADESH-226025, India
years of experience in releva..

Manpower Outsourcing Services - Fixed Remuneration - IT-Technical; Expert Software Web; BE or B Tech Computer
Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent qualification with at least 10
years of experience in re..

Service Provider Details|सेवा दाता ववरण


GeM Seller ID|जेम व े ता आईडी : FQ8M230007879088
Company Name|कंपनी का नाम : DEVENDRA H.R SERVICES PRIVATE LIMITED
Contact No.|संपक नंबर : 09161697129
Email ID|ईमेल आईडी : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
Address|पता :
Lucknow, UTTAR PRADESH-226024, -
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-UP-50-0053911
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : Male
GSTIN|जीएसट आईएन: 09AAJCD3815A1ZZ

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Buyer

Service Details|सेवा ववरण

Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 03-Sep-2023 Service End Date|सेवा समा त त थ : 31-Mar-2024

Category Name| ेणी नाम : Manpower Outsourcing Services - Fixed Remuneration

Billing Cycle| ब लंग च : monthly

Number of Percentage of
Description| ववरण
Resources to be hired Service charge

Post Graduation in Geography with First Division and Diploma in Remote Sensing and GIS with at least
Educational Qualification
10 years of experience in the relevant field or subject
Experience At least 10 years of experience in the relevant field or subject

Type of Function IT-Technical

List of Profiles Expert GIS

District NA

Post Graduation Required

Zipcode NA

Specialization for PG Specialization in the relevant field or subject

Specialization Specialization in the relevant field or subject

Basic monthly pay (INR)


52,400
exclusive of GST

Bonus (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

EDLI (INR Monthly) 0

Provident Fund (INR Monthly) 0

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52,400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly) 1 3.85
Optional Allowances 3 (INR
0
Monthly)

Provident Fund (INR Monthly) 0

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52,400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)

Provident Fund (INR Monthly) 0

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52,400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)
Optional Allowances 3 (INR 0
Monthly)
Provident Fund (INR Monthly) 0

Tenure/ Duration of
7
Employment (In Months)

Total Amount (Formula)|कुल रा श (सू ) :


( ((Basic monthly pay (INR) exclusive of GST+ESI (INR Monthly)+Provident Fund (INR Monthly)+EDLI (INR Monthly)+Bonus (INR Monthly)+Optional Allowances 1 (INR Mont
hly)+Optional Allowances 2 (INR Monthly)+Optional Allowances 3 (INR Monthly)+EPF Admin Charges (INR Monthly))*1.18+ (Percentage of Service charge*(Basic monthly pay (INR)
exclusive of GST+ESI (INR Monthly)+Provident Fund (INR Monthly)+EDLI (INR Monthly)+Bonus (INR Monthly)+EPF Admin Charges (INR Monthly)+Optional Allowances 1 (INR
Monthly)+Optional Allowances 2 (INR Monthly)+Optional Allowances 3 (INR Monthly))/100))*Tenure/ Duration of Employment (In Months)*Number of Resources to be hired )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 446945.8

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 446945.8

Additional Details|अ त र त जानका रया

Designation : Expert (G.I.S.)


`

Category Name| ेणी नाम : Manpower Outsourcing Services - Fixed Remuneration

Billing Cycle| ब लंग च : monthly

Number of
Percentage of
Description| ववरण Resources to be
Service charge
hired

List of Profiles Expert Hardware Networking

Specialization for PG Specialization in the relevant field or subject

District NA

Specialization Specialization in the relevant field or subject

Experience At least 10 years of experience in the relevant field or subject

Post Graduation Optional

Zipcode NA

BE or B Tech Computer Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent
Educational Qualification
qualification with at least 10 years of experience in relevant field or subject

Type of Function IT-Technical

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

EDLI (INR Monthly) 0

Provident Fund (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR 1 3.85


0
Monthly)

Provident Fund (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


exclusive of GST 52400

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)

Provident Fund (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)

Provident Fund (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Total Amount (Formula)|कुल रा श (सू ) :


( ((Basic monthly pay (INR) exclusive of GST+ESI (INR Monthly)+Provident Fund (INR Monthly)+EDLI (INR Monthly)+Bonus (INR Monthly)+Optional Allowances 1 (INR Mont
hly)+Optional Allowances 2 (INR Monthly)+Optional Allowances 3 (INR Monthly)+EPF Admin Charges (INR Monthly))*1.18+ (Percentage of Service charge*(Basic monthly pay (INR)
exclusive of GST+ESI (INR Monthly)+Provident Fund (INR Monthly)+EDLI (INR Monthly)+Bonus (INR Monthly)+EPF Admin Charges (INR Monthly)+Optional Allowances 1 (INR
Monthly)+Optional Allowances 2 (INR Monthly)+Optional Allowances 3 (INR Monthly))/100))*Tenure/ Duration of Employment (In Months)*Number of Resources to be hired )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 446945.8

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 446945.8

Additional Details|अ त र त जानका रया

Designation : Expert (Hardware/Networking)


`

Category Name| ेणी नाम : Manpower Outsourcing Services - Fixed Remuneration

Billing Cycle| ब लंग च : monthly

Number of
Percentage of
Description| ववरण Resources to be
Service charge
hired

List of Profiles Expert Database

Specialization for PG Specialization in the relevant field or subject

District NA

Specialization Specialization in the relevant field or subject

Experience At least 10 years of experience in the relevant field or subject

Post Graduation Optional

Zipcode NA

BE or B Tech Computer Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent
Educational Qualification
qualification with at least 10 years of experience in relevant field or subject

Type of Function IT-Technical

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

EDLI (INR Monthly) 0


Provident Fund (INR 0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)
1 3.85
Optional Allowances 3 (INR
0
Monthly)

Provident Fund (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)

Provident Fund (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)

Provident Fund (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Total Amount (Formula)|कुल रा श (सू ) :


( ((Basic monthly pay (INR) exclusive of GST+ESI (INR Monthly)+Provident Fund (INR Monthly)+EDLI (INR Monthly)+Bonus (INR Monthly)+Optional Allowances 1 (INR Mont
hly)+Optional Allowances 2 (INR Monthly)+Optional Allowances 3 (INR Monthly)+EPF Admin Charges (INR Monthly))*1.18+ (Percentage of Service charge*(Basic monthly pay (INR)
exclusive of GST+ESI (INR Monthly)+Provident Fund (INR Monthly)+EDLI (INR Monthly)+Bonus (INR Monthly)+EPF Admin Charges (INR Monthly)+Optional Allowances 1 (INR
Monthly)+Optional Allowances 2 (INR Monthly)+Optional Allowances 3 (INR Monthly))/100))*Tenure/ Duration of Employment (In Months)*Number of Resources to be hired )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 446945.8

Total Addon Value|कुल एडऑन मू य (INR) 0


Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 446945.8

Additional Details|अ त र त जानका रया

Designation : Expert (Database)


`

Category Name| ेणी नाम : Manpower Outsourcing Services - Fixed Remuneration

Billing Cycle| ब लंग च : monthly

Number of
Percentage of
Description| ववरण Resources to be
Service charge
hired

List of Profiles Expert Software Web

Specialization for PG Specialization in the relevant field or subject

District NA

Specialization Specialization in the relevant field or subject

Experience At least 10 years of experience in the relevant field or subject

Post Graduation Optional

Zipcode NA

BE or B Tech Computer Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent
Educational Qualification
qualification with at least 10 years of experience in relevant field or subject

Type of Function IT-Technical

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

EDLI (INR Monthly) 0

Provident Fund (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR 1 3.85


0
Monthly)

Provident Fund (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)
Provident Fund (INR
0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Basic monthly pay (INR)


52400
exclusive of GST

Bonus (INR Monthly) 0

EDLI (INR Monthly) 0

EPF Admin Charges (INR


0
Monthly)

ESI (INR Monthly) 0

Optional Allowances 1 (INR


0
Monthly)

Optional Allowances 2 (INR


0
Monthly)

Optional Allowances 3 (INR


0
Monthly)

Provident Fund (INR


0
Monthly)

Tenure/ Duration of
7
Employment (In Months)

Total Amount (Formula)|कुल रा श (सू ) :


( ((Basic monthly pay (INR) exclusive of GST+ESI (INR Monthly)+Provident Fund (INR Monthly)+EDLI (INR Monthly)+Bonus (INR Monthly)+Optional Allowances 1 (INR Mont
hly)+Optional Allowances 2 (INR Monthly)+Optional Allowances 3 (INR Monthly)+EPF Admin Charges (INR Monthly))*1.18+ (Percentage of Service charge*(Basic monthly pay (INR)
exclusive of GST+ESI (INR Monthly)+Provident Fund (INR Monthly)+EDLI (INR Monthly)+Bonus (INR Monthly)+EPF Admin Charges (INR Monthly)+Optional Allowances 1 (INR
Monthly)+Optional Allowances 2 (INR Monthly)+Optional Allowances 3 (INR Monthly))/100))*Tenure/ Duration of Employment (In Months)*Number of Resources to be hired )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 446945.8

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 446945.8

Additional Details|अ त र त जानका रया

Designation : Expert (Software/Web)


`

Amount of Contract|अनुबंध क रा श

Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 1787783.2

SLA Details|एसएलए ववरण

Service Level Agreement

Manpower Outsourcing Services – Fixed Remuneration Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.

The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:

I. General terms and conditions for Services;( “GTC”)


II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.

The above terms and conditions are in reverse order of precedence i.e. ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.

2 Objectives and Goals

The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-

1. Buyer : Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents,
permitted assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-
adherence to the defined terms and conditions.

4 Terms & Conditions

4.1 Buyer’s Obligations:

i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/
entry pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the
labor laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery
etc., if required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer,
electricity, internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate
authority of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working
days, the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay
(LWP) for which necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be
provided by the Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those
resources. In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs
incurred by Service provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service
charges quoted by them during the bid participation.

4.2 Service Provider’s Obligations:

i. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
ii. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
i. List of persons deployed (monthly)
ii. Biodata/ resume with antecedents’ details (at the time of deployment)
iii. Copy of Aadhaar Card of the candidates (at the time of deployment)
iv. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
v. Identity proof and residential proof (at the time of deployment)
vi. Copy of police verification certificate (at the time of deployment)
vii. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider, at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc. shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. No advance payment shall be made to the Service Provider.
v. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vi. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
viii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
ix. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
x. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xi. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions

S.
Description
No.

1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.
Cancellation
Deductions of the contract with cancellation
If employee is found disclosing any
charges @ 10% of the order value along with
S. confidential information/ document
2 Description recovery of losses caused (if any) and legal - -
No. to the Service Provider/ any third
action against the Service Provider
parties
1st Instanceon the gravity of the act
depending 2nd Instance 3rd Instance

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 day wages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value

If the employee is found responsible


Immediate replacement within 2 days/
for adopting illegal and foul methods
cancellation of the contract with cancellation Cancellation of the contract with cancellation
6 or exercising any corrupt practice in -
charges @ 10%, as decided by the buyer charges @ 10% of the order value
collusion with any third party or
depending on the gravity of the act.
officials at the workplace

Rs. 200 per day per resource, hold on all type


Delay in payments of take-home
Rs. 100 per day per resource, warning to of payments to Service Provider till the said Cancellation of the contract with
remuneration by the Service Provider
7 Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
and deposit of EPF and ESI (both
within 7 working days stakeholders and proof of same is submitted value
employee and employer share)
to Buyer
Deductions

S.
Description
6No.Payment Terms

1st Instance 2nd Instance 3rd Instance


i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."

8 Formula Used

8.1 Cumulative Cost (Monthly): -

“m” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic monthly pay (INR) exclusive of GST
“pf” = Provident Fund (INR Monthly)
“edli” = EDLI (INR Monthly)
“esi” = ESI (INR Monthly)
“bonus” = Bonus (INR Monthly)
“admin” = EPF Admin Charge (INR Monthly)
“nm1” = Optional Allowance 1 (INR Monthly)
“nm2” = Optional Allowance 2 (INR Monthly)
“nm3” = Optional Allowance 3 (INR Monthly)
“m” = Cumulative Cost (INR Monthly)

8.2 Total: -

“tcv” = (m * 1.18 + m * sc / 100) * t * q


Where
“tcv” = Total Contract Value
“m” = Cumulative Cost (Monthly) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

Additional Required Data/Document(s) : Buyer|अ त र त आव यक डेटा/द तावेज़: खरीदार

1. Geographic Presence: Office registration certificate : Lucknow, UP

Additional Data/Document(s) : Seller|अ त र त डेटा/द तावेज़ : व े ता

1 . Certificate (Requested in ATC) : click here


2 . Statutory Auditor Certificate : click here
3 . Project Experience And Certificates With Respect To Eligibility Criteria : click here
4 . Registration Certificate For Presence In Geographical Location : click here
5 . Epf Challans, Esi Challans Or Bank Statements Indicating The Credited Epf Or Service Provider Had Esi/epf Or Wages : click here
6 . Copy Of Certificate For Incorporation/registration Of Bidding Entity Under Appropriate Act/authority In India :click here
7 . Auditor Certificate For Profit Making Entity In Last 3 Yrs : click here

ePBG Detail | ईपीबीजी ववरण

Advisory Bank | सलाहकार बक : State Bank of India

ePBG Percentage(%) | ईपीबीजी तशत (%) : 10.00

The bidder shall furnish ePBG as applicable as per bid's terms and conditions | बोली लगाने वाले को बोली के नयम और शत के अनुसार लागू ईपीबीजी तुत करना होगा

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

2. Buyer Added Bid Specific Terms and Conditions-

2.1 Generic:
OPTION CLAUSE: The buyer can increase or decrease the contract quantity or contract duration up to 25 percent at the time of issue of the contract. However, once the contract
is issued, contract quantity or contract duration can only be increased up to 25 percent. Bidders are bound to accept the revised quantity or duration

2.2 Generic:
Bidder financial standing: The bidder should not be under liquidation, court receivership or similar proceedings, should not be bankrupt. Bidder to upload undertaking to this
effect with bid.

2.3 Generic:
1. The Seller shall not assign the Contract in whole or part without obtaining the prior written consent of buyer.
2. The Seller shall not sub-contract the Contract in whole or part to any entity without obtaining the prior written consent of buyer.
3. The Seller shall, notwithstanding the consent and assignment/sub-contract, remain jointly and severally liable and responsible to buyer together with the assignee/ sub-
contractor, for and in respect of the due performance of the Contract and the Sellers obligations there under.

2.4 Generic:
WORLD BANK TERMS AND CONDITIONS: Special Terms and Conditions as defined by world bank at click here will also be applicable. APPLICABLE ONLY IN CASE OF WORLD BANK
FUNDED PROJECTS.

2.5 Service & Support :


AVAILABILITY OF OFFICE OF SERVICE PROVIDER: An office of the Service Provider must be located in the state of Consignee. DOCUMENTARY EVIDENCE TO BE SUBMITTED.

2.6 Service & Support :


Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free Telephone No. for Service Support.

2.7 Service & Support :


Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers for Service Support.

2.8 Payment :
PAYMENT OF SALARIES AND WAGES: Service Provider is required to pay Salaries / wages of contracted staff deployed at buyer location first i.e. on their own and then claim
payment from Buyer alongwith all statutory documents like, PF, ESIC etc. as well as the bank statement of payment done to staff.

2.9 Certificates :
Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.

2.10 Past Project Experience :


Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting
the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution
certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.Proof for Past Experience and Project
Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy
along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any
other document in support of contract execution like Third Party Inspection release note, etc.

2.11 Forms of EMD and PBG :


Bidders can also submit the EMD with Fixed Deposit Receipt made out or pledged in the name of A/C (Name of the Buyer). The bank should certify on it that the deposit can be
withdrawn only on the demand or with the sanction of the pledgee. For release of EMD, the FDR will be released in the favour of the bidder by the Buyer after making
endorsement on the back of the FDR duly signed and stamped along with covering letter. Bidder has to upload scanned copy/ proof of the FDR along with bid and has to ensure
delivery of hardcopy to the Buyer within 5 days of Bid End date/ Bid Opening date

2.12 Forms of EMD and PBG :


Successful Bidder can submit the Performance Security in the form of Fixed Deposit Receipt also (besides PBG which is allowed as per GeM GTC). FDR should be made out or
pledged in the name of

NATIONAL HYDROLOGY PROJECT UPSW IWRD LUCKNOW


A/C (Name of the Seller). The bank should certify on it that the deposit can be withdrawn only on the demand or with the sanction of the pledgee. For release of Security Deposit,
the FDR will be released in favour of bidder by the Buyer after making endorsement on the back of the FDR duly signed and stamped along with covering letter. Successful Bidder
has to upload scanned copy of the FDR document in place of PBG and has to ensure delivery of hard copy of Original FDR to the Buyer within 15 days of award of contract.

2.13 Human Resource Service :


Continuity of resources deployed by Service Provider: Successful Service provider will ensure continuity of any allocated / deployed resources with the prior consent of the buyer
department. Deployed resources cannot be replaced by Service Provider without prior approval of buyer. Any replacement will also be provided through Sewayojan Portal only.

2.14 Human Resource Service :


Deployment of Existing working / deployed resources:

4
number of Existing working / deployed resources of the procurement department having job satisfactory certificate, will be continued by the successful Service Provider under
the new contract also – subject to their consent to the Terms and conditions of new contract concluded on the basis of this bid.

2.15 Buyer Added Bid Specific ATC :


Buyer Added text based ATC clauses

1. EMD and ePBG shall only be accepted in the form as prescribed (FDR/Bank Guarantee). Any other form of EMD and ePBG submitted, shall not be accepted and the bid is liable t
o be rejected.

2. Service provider must have a local office in Lucknow, Uttar Pradesh and for which documentary proof must be submitted.

3. Bidder must submit affidavit on NONJUDICIAL NOTARIZED STAMP PAPER OF RS. 100/- for clauses MENTI ONED BELOW (Failing which the Bid of the Firm will be cancelled) -

i. I/We declare that I/We will pay every month Salaries/wages of contracted staff from our own fund within 7 days of next month.

ii. I/We declare that I/We will pay the Salaries/wages of contracted staff deployed at buyer location first i.e. on our own and then claim payment from Buyer along with all statutor
y documents like, PF, ESIC etc. as well as the bank statement of payment done to staff.

iii. I / We declare that I/we have never been blacklisted/debarred by any State Government /Central Government or any State/Central PSU or Autonomous Body.

Signature:

Name:

Designation:

Name of the Agency:

Address of the Agency:

Phone No.& Mob. No.:

Email Address:

Website address (if any):

iv. DECLARATION HAS TO BE SUBMITTED ON NON-JUDICIAL NOTARIZED STAMP PAPER OF RS. 100/- SEPAR ATELY FOR company / Partnership Firm/ Proprietorship firm/ Trust’s all
partners/directors or proprietor full details with id address proof

v. I/We,........................................................................hereby declare that the Particulars furnished by me /us in this offer are true to the best of my/our knowledge and I/We Understa
nd and accept that, if at any stage the information furnished by me/us are found to be incorrect or false, I/We am/are liable for disqualification from this tender and also liable fo
r any penal action that may arise due to the above, besides being blacklisted.

Signature:

Name:

Note: This is system generated file. No signature is required.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।


Contract|अनुबंध
Contract No|अनुबंध मांक: GEMC-511687762544196
Contract Generated Date|अनुबंध त थ : 20-Jul-2023
Bid/RA/PBP No.|बोली/आरए/पीबीपी सं या: GEM/2023/B/3185636

Organisation Details|संगठन ववरण Buyer Details|खरीदार ववरण


Type| प: State Government Designation|पद : Nazir
Ministry|मं ालय : - Contact No.|संपक नंबर : 0542-2508585-2727
Department| वभाग : Revenue Department Uttar Pradesh Email ID|ईमेल आईडी : buyer9.brgup.up@gembuyer.in
Organisation Name|संगठन का नाम : Board of Revenue Government of Uttar Pradesh GSTIN|जीएसट आईएन : -
Office Zone|कायालय े : District Magistrate Varanasi collectrate ,Kachari,
Address|पता :
VARANASI, UTTAR PRADESH-221002, India

Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: BUYER
Designation of Administrative Approval| Payment Mode|
DM Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : Nazir
DM
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : buyer9.brgup.up@gembuyer.in
GSTIN|जीएसट आईएन : -
collectrate ,Kachari,
Address|पता:
VARANASI, UTTAR PRADESH-221002, India

Consignee Details|परे षती ववरण

S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण

Contact|संपक : 0542-2508585-2727
Email ID|ईमेल आईडी : buyer9.brgup.up@gembuyer.in
1 GSTIN|जीएसट आईएन : - Facility Management Service - Manpower Based - Government; Housekeeping; Cleaning & Sanitation; Cleaner/Sweaper
Address|पता : collectrate ,Kachari,
VARANASI, UTTAR PRADESH-221002, India

Service Provider Details|सेवा दाता ववरण


GeM Seller ID|जेम व े ता आईडी : FQ8M230007879088
Company Name|कंपनी का नाम : DEVENDRA H.R SERVICES PRIVATE LIMITED
Contact No.|संपक नंबर : 09161697129
Email ID|ईमेल आईडी : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
Address|पता :
Lucknow, UTTAR PRADESH-226024, -
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-UP-50-0053911
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : Male
GSTIN|जीएसट आईएन: 09AAJCD3815A1ZZ

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee

Service Details|सेवा ववरण

Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 27-Jul-2023 Service End Date|सेवा समा त त थ : 26-Jul-2024

Category Name| ेणी नाम : Facility Management Service - Manpower Based

Billing Cycle| ब लंग च : monthly

Description| ववरण No. of Resources Cost per resource per month inclusive of commission and GST

Type of Manpower Required Cleaner/Sweaper

Type of Services Required Housekeeping

Service Component Cleaning & Sanitation

Cost of Consumable / Material Consumable to be provided by the buyer


8 7000
Type of Premises Government

District NA

Zipcode NA

Number of months within contract period 12

Total Amount (Formula)|कुल रा श (सू ) :


( No. of Resources*Cost per resource per month inclusive of commission and GST*Num ber of months within contract period )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 672000

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 672000

Amount of Contract|अनुबंध क रा श

Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 672000

SLA Details|एसएलए ववरण

Service Level Agreement for Facility Management Services


1 Agreement Overview
This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between the buyer and Facility Management Services (FMS) Service provider. The purpose of this agreement is to facilitate
implementation of facility management services at the buyer’s premises or any other premises designated by buyer. This Agreement outlines the scope of work, buyer’s obligations, special terms and
conditions related to service delivery and payment of services for mutual understanding of the stakeholders. The Agreement remains valid till completion of scope of services or end of contractual
duration (whichever is earlier) unless either superseded by a revised agreement mutually endorsed by the stakeholders or terminated by either of the parties thereof.

The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:

1. General terms and conditions for Services;


2. Service Specific STC of the Services contracts shall include the service level agreement (SLA) for the service;
3. BID / Reverse Auction specific ATC.

The above terms and conditions are in reverse order of precedence i.e. ATC supersedes Service specific STC which supersede GTC, whenever there are any conflicting provisions. The above set of terms
and conditions along with scope of work and service level agreement as enumerated in the document shall be construed to be part of the Contract between Buyer and Service Provider. The service will be
provided in bid only mode.

2 Objectives and Goals


The objective of this agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to buyer by service provider. The goals of this agreement are to:

1. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
2. Present a clear, concise and measurable description of services offered to the buyer

Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified

1. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons

The agreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same. The agreement can also be
revised/ modified on mutual consent of the stakeholders.

3 Parties to the Agreement


The main stakeholders associated with this agreement are below-

1. Buyer : Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. Service Provider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, assignees, successors and
nominees as described in the agreement

The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ penalties in case of non-adherence to the defined terms and
conditions. It is assumed that all stakeholders have read and understood the same before signing the document.

4 Scope of Services
This service deals with hiring of facility management services which encompasses all activities related to keeping a complex operating with all its infrastructural and maintenance related requirements.
This service includes multiple disciplines to ensure functionality, comfort, safety and efficiency of the built environment by integrating people, place, process and technology. It typically includes a wide
range of function and support services such as housekeeping, security, property or building management, basic engineering services, mail and messenger services, records management, safety and
other support duties.

Type of Model: This service offering can be availed basis three models namely (i) manpower, (ii) outcome (area) based and (iii) hybrid (which is combination of both manpower and outcome). The services
need to be provided basis the model selected.

Manpower based model: Service provider will deploy manpower for rendering selected services as per the roles/ manpower profiles selected by buyer.
Outcome (area) based model: Service provider will deploy manpower basis his estimate depending on the information of premises and services selected by buyer. Buyer may mention the
minimum assured manpower required for a service.
Hybrid model: Service provider needs to provide some services on manpower-based model while some on outcome (area) based depending on the selection of buyer during bid.

Types of Services: This service offering provides multiple services under a single contract for professional maintenance and upkeep of the property (commercial, residential, hospitality, healthcare,
industrial, etc.). Buyers of this service will have the option to choose the type of service and service components as per their requirement, for which the following categories have been defined:

# Services Service Component

· Cleaning & Sanitation

· Front Desk Management

· Mail Management/ Runner

· Waste Management (other than healthcare facility)

· Waste Management (Healthcare)


1 Housekeeping

· Laundry Services

· Work Routine Services (Healthcare)

· Work Routine Services (other than healthcare facility)

· Regular work of Guest House/ Hostel (Hospitality) (such as porter services, lift man, etc.)

· Physical Security

· Parking Management
2 Security Services
· CCTV Control & Operations

· Visitor Management & Access Control

· Gardening
3 Horticulture Services
· Landscape

· Assisting the patient in getting into or out of the bed

· Attend to the personal hygiene of patients


· Preparing and carrying the patients for operations, laboratory, X-ray and other investigations
# Services Service Component
Patient Support Services · Carrying and transporting patients to various wards/ departments in the hospital
4
· Assist in maintaining stocks of linen and non-medical supplies

· Assist the nurses or doctors in diagnostic and treatment procedures

· Assist in sterilization of instruments, appliances and dressings and dressing of postoperative


wounds

· Bedbug control

· Disinfestation

· General Pest Control

· Rodent control

· Termite Control (Spot treatment/ drilling treatment)

5 Pest Control Service · Vector control (mosquitos/ insects)

· Cockroach control

· Fumigation

· Pest proofing (Pest proofing is closure of holes and cracks that may potentially cause pest
infestation)

· Infection control (Surface sterilization)

· Carpentry

· Masonry
6 O&M of Civil Work
· Painting

· Sewer/ Drainage

· Plumbing

· Water Supply

7 O&M Mechanical · Pumps

· Fire Fighting System

· Lift

· Electrical Supply of HT/LT

· DG Sets

· UPS
8 O&M of Electrical Work
· AC Chillers

· HVAC

· Transformers

Manpower Required: Service provider shall provide manpower based on buyer’s selection of manpower profile, quantity and skill level. Buyers of this service will have the option to choose the type of
manpower as per their requirement, for which the following categories have been defined:

# Type of Manpower Required

1 Cleaner / Sweeper

2 Office Attendant

3 Receptionist

4 Mail Attendant/ Runner

5 Guest house attendant

6 Porter

7 Laundry wash boys

8 Security Guard

9 Gardener

10 Ward Boys/Girls

11 Plumber
12 Electrician
# Type of Manpower Required

13 Fire Supervisor

14 AC Plant Operator

15 Help Desk Support Executive

16 Others - Please Specify

Consumables: Service provider shall provide consumables such as cleaning agents, equipment, etc. based on buyer’s selection of cost to be borne by buyer/ service provider/ reimbursable by buyer. In
case wherein consumables are to be provided by service provider and the cost is to be included in the contract cost, a list of suggestive consumables will be provided by buyer.

Contract Duration: The buyer can only select a minimum contract duration of 1 month and maximum contract duration of 3 years.

The provider of such services shall quote a monthly manpower cost inclusive of commission depending on the type of services and manpower as selected by the buyer.

4.1 Service Details and Standards


1. Service provider shall abide at all times by the all existing labor enactments and rules made there under, regulations, notifications and bye laws of the State or Central Government or local
authority and any other labor law (including rules), regulations, bye laws that may be passed or notification that may be issued under any labor law in future either by the State or the Central
Government or the local authority
2. Service provider shall make his own arrangements for the engagement of all staff and labor, local or other, and for their payment, housing, feeding and transport.

Service provider is responsible for co-ordination and management of delivery of services from AMC vendors/suppliers/contractors, therefore for ensuring safety compliance by them, FMC is
required to monitor the delivery of service and report client in case of non-compliance of safety requirements immediately

1. The manpower deployed should maintain polite & courteous behavior towards the buyer. “Misbehavior” which may include, but not limited to, consumption of alcohol during or prior to duty,
denial of duty during service hours as defined by user, use of abusive language, theft, shall attract penalties as per provisions of the contract.

4.2 Service Assumptions


1. The Service Provider shall not sublet any part of the Contract. The Service Provider may act as an aggregator of manpower to be provided. However, it is the Service Provider who shall be
responsible and liable to deliver the services as per the contract.
2. The manpower provided by the service provider shall not be deemed employees of the buyer hence the compliance of the applicable labor laws and acts and other relevant laws will be the sole
responsibility of the service provider.

Service provider shall not deploy any manpower that is ailing from any contagious disease

1. Service provider shall verify the character & antecedent of manpower to be deployed.
2. The persons deployed during the course of their work shall perform integrity to the Buyer and shall not disclose/ share any qualified documents and information which they are not supposed to
divulge to Service Provider/ third parties.
3. Service provider shall indemnify the buyer against all the losses, injuries and any kind of damage arrived due to its activities

The buyer will in no way be responsible for violation of labor laws and /or infringement of any other law for the time being in force, either by the manpower provided or by the service provider.
The attendance of the employees will be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer’s premises. The persons
deployed should be polite, cordial and efficient while handling the assigned work and their actions should promote good will and enhance the image of the Corporation or office concerned. The
Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.

1. Service Provider shall ensure that all the relevant licenses / registrations / permissions which may be required for providing the services are valid during the entire period of the contract; failing so
shall attract the appropriate penalties. The documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
2. Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.

5 Service Provider's Obligation


1. Service provider shall ensure the level of service required is of the highest professional standard and shall ensure full compliance to the terms and conditions of the contract.
2. Service provider shall attend to emergency works in time. No extra payment will be made for working on odd hours for emergency works.

Service provider will be required to submit list of the manpower being deployed with photo ID, address proof, police verification certificate and educational qualifications before deputing the
workers. The service provider shall be solely responsible for the credentials/ acts of his staff /workers

1. The service provider shall provide at his own cost proper uniform and badges and photo identity cards to the manpower deployed.
2. In an event that, for any reason, the manpower provided change their contact number during the tenure of the contract then service provider will immediately notify the buyer of the above
change.
3. The service provider shall be responsible for ensuring compliance with the provisions related to Labour Law [Central/State] and specially Workmen Compensation Act, EPF Laws, ESIC Laws, Income
tax laws and Minimum Wages Laws, Contract Labour (Regulations Abolition Act) and any other relevant acts as applicable at present or in future during the tenure of the contract and as may be
enforced from time to time. Onus of compliance of all the applicable Laws/Acts/Rules shall rest with the service provider only and the buyer will not be liable in any manner.

Service Provider shall produce to the Buyer the details of payments of statutory benefits like bonus, leave, relief etc. from time to time to its personnel.
Service Provider shall cover all its personnel under the relevant laws of EPF, Labor, ESIC etc. Proof of the same should be submitted by the Service Provider.

1. Service Provider shall submit a copy of wages sheet showing monthly wages paid to its personnel.
2. Service Provider shall cover its personnel for personal accident and death whilst performing the duty and the Buyer shall own no liability and obligation in this regard.
3. Service Provider shall also provide at its own cost all benefits statutory or otherwise to its deployed personnel and the Buyer shall not have any liability whatsoever on this account.

Service provider shall employ only manpower who has completed eighteen years of age and not above 65 years of age
The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The bio-data, qualification and experience of the said
manpower should be certified by the Service Provider.
The Service Provider shall not deploy or shall discontinue deploying the person(s), if desired by the Buyer and must ensure prompt replacement of the personnel without any additional cost to the
Buyer. The personnel being deployed shall ordinarily be continued and should not be changed without written intimation and consultation with Buyer.

1. The Service Provider would be bound by the conditions with regard to police verification of the deployed staff and their medical fitness.

Adequate supervision shall be provided to ensure correct performance of the services in accordance with the prevailing requirements agreed upon between the two parties.
In an event that service provider fails to deliver or fails to carry out tasks as per schedule due to absence of personnel or any other reasons, the Service Provider at his own cost shall make
alternate arrangement by providing similar manpower for which agreement is entered into, without any extra charges. Failure to do so will evoke penalty then buyer shall have right to recover
damages as per the provisions of the contract.
The service provider shall be personally responsible for any theft, misconduct and /or disobedience on the part of personnel so provided by him.
The working hours and days of the manpower will be as per the existing applicable rules of the respective Central/State Government organizations. However, they have to work on holidays, if
necessary and required based on demand of work.
6 Buyer's Obligations
1. The location for reporting shall be provided by the buyer to the service provider.
2. Buyer must immediately report to the designated representative of the Service Provider for any problems, complaints, incidents or accidents that occur during the contract including any form of
inappropriate behavior/ improper uniform by the personnel.

Buyer shall notify the Service Provider of any dishonest, wrongful or negligent acts or omissions of its personnel or agents in connection with the services as soon as possible after the buyer
becomes aware of them.

1. Buyer may calculate their requirement of resources based on 8 hours per shift. For example, to hire a security personnel for a month (i.e. thirty service days) to offer the services for 24 hours on a
3-shift basis, the required number of resources would be 90 personnel for the month.
2. Price Variation Clause:
"It is advisable to include Price Variation Clause in the long term contracts to take care of the increase/decrease in prices of various ingredients which majorly affect the overall price of the service.
Buyers are therefore advised to include the Price Variation Clause (PVC) in the bid document through ATC for long term contracts. The additional payment, if any, on account of PVC can be done
offline till such time online functionality is developed on GeM."

7 Service Tracking
Tracking of services ensures quality of service delivery in time bound manner, effective service tracking helps in analyzing Service Provider’s performance as well as Buyer’s timely inputs for services and
leads to immediate actions against the defaulters if any. Service tracking shall be mandatory for the both Buyer and Service Provider, non-tracking of the same may lead to a fine/ penalty on either party.

7.1 Logbook
1. The service provider shall maintain registers and checklists for each activity and the work done by each of the personnel shall be recorded on a Job Card, duly signed by the buyer’s representative.
Service provider shall also submit a duly singed comprehensive report every month, detailing the services performed during the month.
2. The service provider shall thereafter update the logbook on the GeM portal as per the logbook process flow.

Once the service provider updates the logbook online, the Buyer shall either accept or reject these entries within the prescribed time lime. The buyer will also record the any service non delivery or
non-performance issues, and subsequent penalties Failure to take action on logbook entries updated by service provider shall be deemed as accepted

1. The Service Provider can raise an issue against the rejection of any entry by the buyer within prescribed timelines of such rejection with the designated representative of the Buyer.

7.2 Service Performance and Feedback


1. The principal point of contact for the issues arising out of this agreement will be the service provider or a designated representative who shall be any employee of the Service Provider in
administrative and managerial capacity and in a position of authority to resolve issues. Nonetheless, the service provider shall be solely responsible for maintaining the quality and level of service
provided.
2. The Service Provider shall maintain a compliant register at the premises for the complaints by the buyer.

8 Penalties and Fine


In case of noncompliance of the standards of the services to be provided as per this agreement, the buyer would be at liberty to levy such penalty and terminate the contract as per the conditions detailed
out below:

Penalties

# Nature of Default Default Details Remarks


1st instance 2 nd instance 3 rd instance

Up to 15 days, @1 % per day


Up to 15 days, @2 % per day of
Non-deployment of total of the total value and
the total value and beyond 15 Cancellation of contract with
Non deployment of manpower mentioned in the beyond 15 days cancellation
1 days cancellation of contract cancellation charges @ 10% of -
manpower contract as per the date of of contract with cancellation
with cancellation charges @ 10% the order value
joining charges @ 10% of the order
of the order value
value

Failure to address After 3 rd instance, the buyer may


Deficiencies/ complaints not
2 deficiencies/ complaints Penalty of Rs. 500/- Penalty of Rs. 800/- Penalty of Rs. 1000/- continue to impose the same
addressed promptly
brought to notice by buyer penalty as imposed for 3 rd instance.

Cancellation of the contract


with cancellation charges @
If employee is found
10% of the order value
disclosing any confidential
along with recovery of
3 information/ document to
losses caused (if any) and
the Service Provider/ any
legal action against the
third parties
Service Provider depending
on the gravity of the act

Immediate payment in actuals,


Immediate payment in equivalent to the value of the
If the employee is found actuals, equivalent to the article theft/ lost/ damaged.
Cancellation of the contract
responsible for any theft, value of the article theft/ Replacement of employee within
4 with cancellation charges @
loss of material/ articles and lost/ damaged. 2 days/ cancellation of contract
10% of the order value
damages Replacement of employee as decided by the buyer
within 2 days depending on the gravity of the
act.

Warning/ counselling/
Immediate replacement of
Warning/ counselling of
If the employee is found employee within 2 days as Cancellation of the contract
employee as decided by the
5 responsible for decided by the Buyer and with cancellation charges @
Buyer depending on the
disobedience/ misconduct Warning to Service Provider 10% of the order value
gravity of the act
depending on the gravity of the
Penalties act
# Nature of Default Default Details Remarks
Rs. 200 per day for each default,
Delay in payments of take- 1st instance 2 nd instance rd
Rs. 100 per day for each hold on all type of payments to 3 instance
home remuneration by the
default, warning to Service Service Provider till the said Cancellation of the contract
Service Provider and deposit
6 Provider to deposit the said amount is deposited to with cancellation charges @
of EPF and ESI (both
amount within 7 working respective stakeholders and 10% of the order value
employee and employer
days proof of same is submitted to
share)
Buyer

Substitute within 2 days


Substitute within 2 days failing
failing which, @ 1 % per day
which, @ 3 % per day of the total
of the total value (excluding
If the employee is absent or value (excluding service tax etc.)
service tax etc.) of the Cancellation of the contract
takes leave for more than 2 of the absent resources up to 15
7 absent resources up to 15 with cancellation charges @
days without informing or days. Beyond 15 days,
days. Beyond 15 days, 10% of the order value
taking prior approval. cancellation of the contract with
cancellation of the contract
cancellation charges @ 10% of
with cancellation charges @
the order value
10% of the order value

If the employee is found Immediate replacement


responsible for adopting within 2 days/ cancellation
illegal and foul methods or of the contract with Cancellation of the contract with
8 exercising any corrupt cancellation charges @ 10%, cancellation charges @ 10% of -
practice in collusion with any as decided by the buyer the order value
third party or officials at the depending on the gravity of
workplace the act.

Penalties for a specific month / period shall be capped at 10% of bill generated for that month / period.
If any SLA is breached beyond 3 instances in any billing period, then same shall be treated as a breach of contract and buyer will have full rights to terminate the contract after giving a notice of 30
days.

9 Payment Terms
This section provides details about the terms and conditions of payment towards the services, it may also include deduction of payment in case of faulty service.

Some notable points under payment terms are-

9.1 Payment Condition


1. The payment shall be made as per the financial quotes submitted by the Service Provider and accepted by the Buyer.
2. No advance payment shall be made to the Service Provider.

The price quoted shall cover all aspects of service delivery.

th
1. Service Provider shall also deposit EPF and ESI of both employer and employee share within 15 day of the month of payment for the support staff engaged from their account and prefer the bill
to the Buyer Department for reimbursement of employer share only.
2. Employers share of EPF & ESI actually deposited to the respective authorities with proof of deposit of both employee and employer share by the end of the second week of the succeeding month.
Employee share of EPF and ESI contribution shall be recovered from the gross remuneration & balance amount is to be released to the persons employed.
3. The Service Providing Agency shall furnish statement of amount paid for the month to the persons deployed along with cheque number and date and Bank account from which the payment has
been made. Service Providing agency is to furnish copy of bank statement in support of amount paid as and when required by Buyer Departments.

The Service Provider shall be responsible for timely payment of take-home remuneration to the supporting staff and deposit of EPF and ESI (both employee and employer share), failing which a
penalty will be deducted.
The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly / quarterly / half yearly / annual return if any before the EPF
and ESI authorities.

1. The payment to the Service Provider will be made on monthly and quarterly basis, depending upon the actual duration of the services rendered as per order.
2. Any violation of contractual obligations by the Service Provider/employee shall attract penalties as mentioned against each obligation. The Service Provider confirms and agrees that penalty
whenever becomes payable, the same shall be deducted by the user department from the payments due to the Service Provider.
3. All applicable taxes and duties except GST, shall be payable by the Service Provider and the Buyer shall not entertain any claims whatsoever with respect to the same. The Service Provider shall
pay the GST and the price quoted is inclusive.

The Service Provider shall ensure payment regularly for the deployed manpower to their entitlements like monthly salaries/wages etc. and submit the documentary proof of the salary paid as per
the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of previous month.
In case of any changes in the minimum wages as per the Applicable Laws during the Contract period, Buyer shall pay the Service Provider the difference in wage from the amount mentioned in
the contract on pro rata basis.
The cost of the Contract shall be valid for initial contract period. No price escalation, other than minimum wages revision, shall be entertained by the Buyer during the period.

9.2 Payment Cycle


1. Payment shall be made once the Service Provider submits the invoice for the same as per the prescribed process flow.
2. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook and service feedback.

9.3 Payment Process


1. Payment shall be made only after submission of invoices, logbook, service feedback, non-submission of the same may lead to delay/ deduction in payment.
2. All the penalties/ fine/ interest (if applicable) will be settled before making the payments. Service Provider shall not have any objection on the same.

Payment will be made through bank transfer only, in no circumstance cash/ cheque payment will be made.

10 Amendment of Contract
During service delivery period some conditions may occur when the Buyer and/ or Service Provider may require to amend the Agreement, some of such conditions may be as followed-

1. Amendment of the Contract after event of Force Majeure: In case of occurrence of any exceptional event/ circumstance which has affected either party directly to perform the agreed services, the
agreement can be amended. However, cause, evidence and nature of such effect shall be notified to the other party.
2. Amendment in statutory variations: All statutory variations leading to increase in the cost of the contract will be debited to the buyer accounts.

Variation of the Contract as per both parties’ consent: Variation of the Contract shall be done as per mutual consent of both parties; no party shall be made liable to pay/ get any compensation for
agreement amendment. The variation in the contract can be through the following, however, the variation put together shall not reduce or exceed 25% of contract value:
1. Increase or decrease in the manpower requirement or services to be provided
2. Increase or decrease in duration of contract

11 Termination of Contract
The Agreement shall be come to an end either on completion of the Contract Period or shall be terminated for the following reasons:

1. Mutual consent: The contract may be terminated based on mutual consent in case the services are no longer required. Termination based on mutual consent will not attract any penalties or shall
not be liable for any extra payments other than payment of invoices raised till the time of termination including notice period.
2. Breach of contractual obligations: Any incidents considered as the breach of contract will result in immediate termination of services. The Buyer shall have the right to terminate the Contract
effective immediately by giving written notice to the Service Provider if, the Service Provider breaches a material provision of this Contract where that breach is not capable of remedy; or if the
Service Provider breaches any provision of this Contract and fails to remedy the breach within 14 days after receiving notice requiring it to do so.

Breach of SLAs: The contract may also be terminated if i) the cumulative penalties rise to 10% of the contract value ii) repeated breach of any SLA beyond 3 instances as per buyer discretion.

However, termination of this Contract shall not affect any accrued rights or remedies of either party.

Additional Required Data/Document(s) : Buyer|अ त र त आव यक डेटा/द तावेज़: खरीदार

1 . Details of Premises : click here


2 . Please upload information of manpower as per the template given here : click here
3 . Scope of Work : click here
4 . If you want to add additional conditions in addition to standard SLA then please upload approval from competent authority. : click here

Additional Data/Document(s) : Seller|अ त र त डेटा/द तावेज़ : व े ता

1 . Certificate (Requested in ATC) : click here


2 . Catalogue For Manpower Based Services : click here
3 . Annual Turnover And Profit Requirement : click here
4 . Minimum Years (up To 5 Years) Of Experience In Related Field : click here
5 . Geographic Presence : click here
6 . The Bidder Shall Be An Indian Proprietary Firm, Partnership Firm Or Company Registered Under Respective Act(s) : click here
7 . Authorization Letter From Original Equipment Manufacturer (oem) : click here
8 . Please Uplaod Experience Certificate Which Are Mentioned As Mandatory By Buyer : click here
9 . Total Experience In Providing Facility Management Services To Government Departments, Public Sector Companies, And Government Autonomous Organizations: : click here

ePBG Detail | ईपीबीजी ववरण

Advisory Bank | सलाहकार बक : YES Bank Limited

ePBG Percentage(%) | ईपीबीजी तशत (%) : 3.00

The bidder shall furnish ePBG as applicable as per bid's terms and conditions | बोली लगाने वाले को बोली के नयम और शत के अनुसार लागू ईपीबीजी तुत करना होगा

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and Conditions (GTC)
unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions (ATC), as applicable

2. Buyer Added Bid Specific Terms and Conditions-

2.1 Generic:
OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also
reserves the right to increase the ordered quantity by up to 25% of the contracted quantity during the currency of the contract at the contracted rates. Bidders are bound to accept the orders
accordingly.

Note: This is system generated file. No signature is required.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।


Contract|अनुबंध
Contract No|अनुबंध मांक: GEMC-511687745676488
Contract Generated Date|अनुबंध त थ : 30-Mar-2023
Bid/RA/PBP No.|बोली/आरए/पीबीपी सं या: GEM/2023/B/3269459

Organisation Details|संगठन ववरण Buyer Details|खरीदार ववरण


Type| प: State Government Designation|पद : COMMANDANT 02BN
Ministry|मं ालय : - Contact No.|संपक नंबर : 05862-242225-
Department| वभाग : Home Department Uttar Pradesh Email ID|ईमेल आईडी : compac02@up.nic.in
Organisation Name|संगठन का नाम : Uttar Pradesh Police GSTIN|जीएसट आईएन : -
Office Zone|कायालय े : Adg Pac 02 BN PAC SITAPUR,
Address|पता :
SITAPUR, UTTAR PRADESH-261001, India

Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
commandent Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : DY COMMANDANT
commandent
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : ddo8.upp.up@gembuyer.in
GSTIN|जीएसट आईएन : -
OFFICE OF THE DIG PAC AYODHYA SECTOR, AYODHYA,
Address|पता: POLICE LINE CAMPUS, NEAR PUSHPRAJ CHAURAHA, UP,
Faizabad, UTTAR PRADESH-224001, India

Consignee Details|परे षती ववरण

S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण

Contact|संपक : 05862-242225-
Email ID|ईमेल आईडी : compac02@up.nic.in
1 GSTIN|जीएसट आईएन : - Manpower Outsourcing Services - Minimum wage - Unskilled; Others; Washer
Address|पता : 02 BN PAC SITAPUR,
SITAPUR, UTTAR PRADESH-261001, India

Service Provider Details|सेवा दाता ववरण


GeM Seller ID|जेम व े ता आईडी : FQ8M230007879088
Company Name|कंपनी का नाम : DEVENDRA H.R SERVICES PRIVATE LIMITED
Contact No.|संपक नंबर : 09161697129
Email ID|ईमेल आईडी : devendrasingh224122@gmail.com
10 , 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
Address|पता :
Lucknow, UTTAR PRADESH-226001, -
MSME verified|एमएसएमई स या पत : Yes
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-UP-50-0053911
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : Male
GSTIN|जीएसट आईएन: 09AAJCD3815A1ZZ

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee

Service Details|सेवा ववरण

Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 01-Apr-2023 Service End Date|सेवा समा त त थ : 30-Jun-2023

Category Name| ेणी नाम : Manpower Outsourcing Services - Minimum wage

Billing Cycle| ब लंग च : monthly

Description| ववरण Number of Resources to be hired Percentage of Service charge inclusive of GST

Post Graduation Not Required

Skill Category Unskilled

Educational Qualification Not Required

Specialization Not Required

Specialization for PG Not Applicable

Zipcode NA

List of Profiles Washer

Experience 0 to 3 Years

District NA

Type of Function Others

Minimum daily wage (INR) exclusive of GST 374.73 2 3.850

Bonus (INR per day) 0


EDLI (INR per day) 0

EPF Admin Charge (INR per day) 48.71

Optional Allowances 1 (INR per day) 0

Optional Allowances 2 (INR per day) 0

Optional Allowances 3 (INR per day) 0

Provident Fund (INR per day) 0

Number of working days in a month 26

ESI (INR per day) 12.17

Tenure/ Duration of Employment (in months) 3

Total Amount (Formula)|कुल रा श (सू ) :


( (((Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund (I NR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin Charge (INR per day
)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Option al Allowances 3 (INR per day) )*Number of working days in a month)*1.18 + (Perce ntage of
Service charge inclusive of GST*(Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund (INR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin
Charge (INR per day)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Optional Allowances 3 (INR per day))*Number of working days in a month)/100
)*Number of Resources to be hired*Tenure/ Duration of Employment (in months) )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 82803.36

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 82803.36

Additional Details|अ त र त जानका रया

Title for Optional Allowances 1 : 0


`
Title for Optional Allowances 2 : 0
`
Title for Optional Allowances 3 : 0
`
Designation : 0
`

Amount of Contract|अनुबंध क रा श

Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 82803.36

SLA Details|एसएलए ववरण

Service Level Agreement

Manpower Outsourcing Services – Minimum Wage Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-


1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted
assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.

4 Terms & Conditions:


4.1 Buyer’s Obligations:
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/ entry
pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the labor
laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery etc., if
required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer, electricity,
internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate authority
of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days,
the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which
necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be provided by the
Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those resources.
In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs incurred by Service
provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service charges quoted by them
during the bid participation.

4.2 Service Provider’s Obligations:

i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. No advance payment shall be made to the Service Provider.
v. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vi. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
viii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
ix. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
x. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xi. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.

Cancellation of the contract with cancellation


If employee is found disclosing any
charges @ 10% of the order value along with
confidential information/ document
2 recovery of losses caused (if any) and legal - -
to the Service Provider/ any third
action against the Service Provider
parties
depending on the gravity of the act

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 daywages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value
If the employee is found responsible Deductions
S. Immediate replacement within 2 days/
for adopting illegal and foul methods
Description cancellation of the contract with cancellation Cancellation of the contract with cancellation
No.
6 or exercising any corrupt practice in -
charges
1st @ 10%, as decided by the buyer
Instance charges
2nd @ 10% of the order value
Instance 3rd Instance
collusion with any third party or
depending on the gravity of the act.
officials at the workplace

Rs. 200 per day per resource, hold on all type


Delay in payments of take-home
Rs. 100 per day per resource, warning to of payments to Service Provider till the said Cancellation of the contract with
remuneration by the Service Provider
7 Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
and deposit of EPF and ESI (both
within 7 working days stakeholders and proof of same is submitted value
employee and employer share)
to Buyer

6 Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used

8.1 Cumulative Cost (Daily): -

“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)

8.2 Total: -

“tcv” = (d * 1.18 + d * sc / 100) *nd * t * q


Where
“tcv” = Total Contract Value
“d” = Cumulative Cost (Daily) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“nd” = No. of working days in a month
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

Additional Required Data/Document(s) : Buyer|अ त र त आव यक डेटा/द तावेज़: खरीदार

1. The Bidder should have executed at least X No. projects with contract value not less than (Rs) yy for each contract of providing manpower services to Central/ State
Government Departments/ Public Sector Undertakings/ Autonomous Bodies in last N financial years : ....
2. The Bidder should have executed at least X No. projects with supply of xx..no. of manpower in each contract of providing manpower services to Central/ State Government
Departments/ Public Sector Undertakings/ Autonomous Bodies in last N financial years : ...
3. Geographic Presence: Office registration certificate : ..
4 . Scope of work & Job description : click here
5 . In case, the buyer wants to retain some of the existing resources then buyer is needed to upload the list of resources along with the quantity of each type or resource to be
continued by the successful bidder/service provider under the new contract as per the T&C of new contract concluded on the basis of this bid along with approval of
Competent Authority. :click here
6 . Buyer to upload Gazette notification for the breakup of ESI/EPF/ELDI etc if required : click here
7 . Buyer to upload undertaking that Minimum Wages indicated by him during Bid Creation are as per applicable Minimum Wages Act : click here

Additional Data/Document(s) : Seller|अ त र त डेटा/द तावेज़ : व े ता

1 . Project Experience And Certificates With Respect To Eligibility Criteria : click here
2 . Copy Of Labour Licence/pf/epf/esi Registration Letter/certificate : click here
3 . Certificate (Requested in ATC) : click here
4 . Statutory Auditor Certificate : click here
5 . Copy Of Certificate For Incorporation/registration Of Bidding Entity Under Appropriate Act/authority In India : click here
6 . Auditor Certificate For Profit Making Entity In Last 3 Yrs : click here
7 . Registration Certificate For Geographical Presence As Required By Buye : click here

ePBG Detail | ईपीबीजी ववरण

Advisory Bank | सलाहकार बक : NA

ePBG Percentage(%) | ईपीबीजी तशत (%) : NA

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

2. Buyer Added Bid Specific Terms and Conditions-

2.1 Generic:
OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The
purchaser also reserves the right to increase the ordered quantity by up to 25% of the contracted quantity during the currency of the contract at the contracted rates. Bidders
are bound to accept the orders accordingly.

Note: This is system generated file. No signature is required.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।


Contract|अनुबंध
Contract No|अनुबंध मांक: GEMC-511687775166732
Contract Generated Date|अनुबंध त थ : 30-Mar-2023
Bid/RA/PBP No.|बोली/आरए/पीबीपी सं या: GEM/2023/B/3271905

Organisation Details|संगठन ववरण Buyer Details|खरीदार ववरण


Type| प: State Government Designation|पद : COMMANDANT 02BN
Ministry|मं ालय : - Contact No.|संपक नंबर : 05862-242225-
Department| वभाग : Home Department Uttar Pradesh Email ID|ईमेल आईडी : compac02@up.nic.in
Organisation Name|संगठन का नाम : Uttar Pradesh Police GSTIN|जीएसट आईएन : -
Office Zone|कायालय े : Adg Pac 02 BN PAC SITAPUR,
Address|पता :
SITAPUR, UTTAR PRADESH-261001, India

Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
commandent Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : DY COMMANDANT
commandent
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : ddo8.upp.up@gembuyer.in
GSTIN|जीएसट आईएन : -
OFFICE OF THE DIG PAC AYODHYA SECTOR, AYODHYA,
Address|पता: POLICE LINE CAMPUS, NEAR PUSHPRAJ CHAURAHA, UP,
Faizabad, UTTAR PRADESH-224001, India

Consignee Details|परे षती ववरण

S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण

Contact|संपक : 05862-242225-
Email ID|ईमेल आईडी : compac02@up.nic.in
1 GSTIN|जीएसट आईएन : - Manpower Outsourcing Services - Minimum wage - Unskilled; Others; Cook
Address|पता : 02 BN PAC SITAPUR,
SITAPUR, UTTAR PRADESH-261001, India

Service Provider Details|सेवा दाता ववरण


GeM Seller ID|जेम व े ता आईडी : FQ8M230007879088
Company Name|कंपनी का नाम : DEVENDRA H.R SERVICES PRIVATE LIMITED
Contact No.|संपक नंबर : 09161697129
Email ID|ईमेल आईडी : devendrasingh224122@gmail.com
10 , 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
Address|पता :
Lucknow, UTTAR PRADESH-226001, -
MSME verified|एमएसएमई स या पत : Yes
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-UP-50-0053911
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : Male
GSTIN|जीएसट आईएन: 09AAJCD3815A1ZZ

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee

Service Details|सेवा ववरण

Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 01-Apr-2023 Service End Date|सेवा समा त त थ : 31-May-2023

Category Name| ेणी नाम : Manpower Outsourcing Services - Minimum wage

Billing Cycle| ब लंग च : monthly

Description| ववरण Number of Resources to be hired Percentage of Service charge inclusive of GST

Specialization Not Required

Skill Category Unskilled

Educational Qualification Not Required

Specialization for PG Not Applicable

Zipcode NA

District NA

List of Profiles Cook

Post Graduation Not Required

Type of Function Others

Experience 0 to 3 Years

Minimum daily wage (INR) exclusive of GST 412.19 7 3.850

EDLI (INR per day) 0


Bonus (INR per day) 0

EPF Admin Charge (INR per day) 53.58

Optional Allowances 1 (INR per day) 0

Optional Allowances 2 (INR per day) 0

Optional Allowances 3 (INR per day) 0

Number of working days in a month 26

Provident Fund (INR per day) 0

ESI (INR per day) 13.39

Tenure/ Duration of Employment (in months) 2

Total Amount (Formula)|कुल रा श (सू ) :


( (((Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund (I NR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin Charge (INR per day
)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Option al Allowances 3 (INR per day) )*Number of working days in a month)*1.18 + (Perce ntage of
Service charge inclusive of GST*(Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund (INR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin
Charge (INR per day)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Optional Allowances 3 (INR per day))*Number of working days in a month)/100
)*Number of Resources to be hired*Tenure/ Duration of Employment (in months) )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 212523.75

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 212523.75

Additional Details|अ त र त जानका रया

Title for Optional Allowances 2 : 0


`
Title for Optional Allowances 1 : 0
`
Title for Optional Allowances 3 : 0
`
Designation : 0
`

Amount of Contract|अनुबंध क रा श

Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 212523.75

SLA Details|एसएलए ववरण

Service Level Agreement

Manpower Outsourcing Services – Minimum Wage Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-


1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted
assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.

4 Terms & Conditions:


4.1 Buyer’s Obligations:
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/ entry
pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the labor
laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery etc., if
required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer, electricity,
internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate authority
of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days,
the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which
necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be provided by the
Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those resources.
In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs incurred by Service
provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service charges quoted by them
during the bid participation.

4.2 Service Provider’s Obligations:

i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. No advance payment shall be made to the Service Provider.
v. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vi. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
viii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
ix. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
x. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xi. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.

Cancellation of the contract with cancellation


If employee is found disclosing any
charges @ 10% of the order value along with
confidential information/ document
2 recovery of losses caused (if any) and legal - -
to the Service Provider/ any third
action against the Service Provider
parties
depending on the gravity of the act

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 daywages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value
If the employee is found responsible Deductions
S. Immediate replacement within 2 days/
for adopting illegal and foul methods
Description cancellation of the contract with cancellation Cancellation of the contract with cancellation
No.
6 or exercising any corrupt practice in -
charges
1st @ 10%, as decided by the buyer
Instance charges
2nd @ 10% of the order value
Instance 3rd Instance
collusion with any third party or
depending on the gravity of the act.
officials at the workplace

Rs. 200 per day per resource, hold on all type


Delay in payments of take-home
Rs. 100 per day per resource, warning to of payments to Service Provider till the said Cancellation of the contract with
remuneration by the Service Provider
7 Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
and deposit of EPF and ESI (both
within 7 working days stakeholders and proof of same is submitted value
employee and employer share)
to Buyer

6 Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used

8.1 Cumulative Cost (Daily): -

“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)

8.2 Total: -

“tcv” = (d * 1.18 + d * sc / 100) *nd * t * q


Where
“tcv” = Total Contract Value
“d” = Cumulative Cost (Daily) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“nd” = No. of working days in a month
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

Additional Required Data/Document(s) : Buyer|अ त र त आव यक डेटा/द तावेज़: खरीदार

1. The Bidder should have executed at least X No. projects with contract value not less than (Rs) yy for each contract of providing manpower services to Central/ State
Government Departments/ Public Sector Undertakings/ Autonomous Bodies in last N financial years : ..
2. The Bidder should have executed at least X No. projects with supply of xx..no. of manpower in each contract of providing manpower services to Central/ State Government
Departments/ Public Sector Undertakings/ Autonomous Bodies in last N financial years : ..
3. Geographic Presence: Office registration certificate : ...
4 . Scope of work & Job description : click here
5 . In case, the buyer wants to retain some of the existing resources then buyer is needed to upload the list of resources along with the quantity of each type or resource to be
continued by the successful bidder/service provider under the new contract as per the T&C of new contract concluded on the basis of this bid along with approval of
Competent Authority. :click here
6 . Buyer to upload Gazette notification for the breakup of ESI/EPF/ELDI etc if required : click here
7 . Buyer to upload undertaking that Minimum Wages indicated by him during Bid Creation are as per applicable Minimum Wages Act : click here

Additional Data/Document(s) : Seller|अ त र त डेटा/द तावेज़ : व े ता

1 . Certificate (Requested in ATC) : click here


2 . Statutory Auditor Certificate : click here
3 . Project Experience And Certificates With Respect To Eligibility Criteria : click here
4 . Copy Of Labour Licence/pf/epf/esi Registration Letter/certificate : click here
5 . Copy Of Certificate For Incorporation/registration Of Bidding Entity Under Appropriate Act/authority In India : click here
6 . Auditor Certificate For Profit Making Entity In Last 3 Yrs : click here
7 . Registration Certificate For Geographical Presence As Required By Buye : click here

ePBG Detail | ईपीबीजी ववरण

Advisory Bank | सलाहकार बक : NA

ePBG Percentage(%) | ईपीबीजी तशत (%) : NA

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

2. Buyer Added Bid Specific Terms and Conditions-

2.1 Generic:
OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The
purchaser also reserves the right to increase the ordered quantity by up to 25% of the contracted quantity during the currency of the contract at the contracted rates. Bidders
are bound to accept the orders accordingly.

Note: This is system generated file. No signature is required.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।


Contract|अनुबंध
Contract No|अनुबंध मांक: GEMC-511687707978217
Contract Generated Date|अनुबंध त थ : 17-Jul-2023

Organisation Details|संगठन ववरण Buyer Details|खरीदार ववरण


Type| प: State Government Designation|पद : COMMANDANT
Ministry|मं ालय : - Contact No.|संपक नंबर : 05862-271524-
Department| वभाग : Home Department Uttar Pradesh Email ID|ईमेल आईडी : compac11@nic.in
Organisation Name|संगठन का नाम : Uttar Pradesh Police GSTIN|जीएसट आईएन : -
Office Zone|कायालय े : Adg Pac OFFICE OF COMMANDANT 11BN SITAPUR,
Address|पता :
SITAPUR, UTTAR PRADESH-261001, India

Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: BUYER
Designation of Administrative Approval| Payment Mode|
COMMANDENT 11BN PAC Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : COMMANDANT
COMMANDENT 11BN PAC
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : compac11@nic.in
GSTIN|जीएसट आईएन : -
OFFICE OF COMMANDANT 11BN SITAPUR,
Address|पता:
Sitapur, UTTAR PRADESH-261001, India

Consignee Details|परे षती ववरण

S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण

Contact|संपक : 05862-271524-
Email ID|ईमेल आईडी : compac11@nic.in
GSTIN|जीएसट आईएन : -
1 Manpower Outsourcing Services - Fixed Remuneration - Others; Sweeper; Not Required
Address|पता : OFFICE OF COMMANDANT 11BN
SITAPUR,
SITAPUR, UTTAR PRADESH-261001, India

Service Provider Details|सेवा दाता ववरण


GeM Seller ID|जेम व े ता आईडी : FQ8M230007879088
Company Name|कंपनी का नाम : DEVENDRA H.R SERVICES PRIVATE LIMITED
Contact No.|संपक नंबर : 09161697129
Email ID|ईमेल आईडी : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
Address|पता :
Lucknow, UTTAR PRADESH-226024, -
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-UP-50-0053911
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : Male
GSTIN|जीएसट आईएन: 09AAJCD3815A1ZZ

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Buyer

Service Details|सेवा ववरण

Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 01-Aug-2023 Service End Date|सेवा समा त त थ : 31-Oct-2023

Category Name| ेणी नाम : Manpower Outsourcing Services - Fixed Remuneration

Billing Cycle| ब लंग च : weekly

Description| ववरण Number of Resources to be hired Percentage of Service charge

Post Graduation Not Required

Experience 0 to 3 Years

Specialization Not Required

List of Profiles Sweeper

Specialization for PG Not Applicable

Educational Qualification Not Required

Type of Function Others

Basic monthly pay (INR) exclusive of GST 10,088

EDLI (INR Monthly) 0 9 3.85

Provident Fund (INR Monthly) 1,311.44

EPF Admin Charges (INR Monthly) 0

Tenure/ Duration of Employment (In Months) 3

Bonus (INR Monthly) 0


Optional Allowances 1 (INR Monthly) 0

Optional Allowances 2 (INR Monthly) 0

Optional Allowances 3 (INR Monthly) 0

ESI (INR Monthly) 327.86

Total Amount (Formula)|कुल रा श (सू ) :


( ((Basic monthly pay (INR) exclusive of GST+ESI (INR Monthly)+Provident Fund (INR Monthly)+EDLI (INR Monthly)+Bonus (INR Monthly)+Optional Allowances 1 (INR Mont
hly)+Optional Allowances 2 (INR Monthly)+Optional Allowances 3 (INR Monthly)+EPF Admin Charges (INR Monthly))*1.18+ (Percentage of Service charge*(Basic monthly pay (INR)
exclusive of GST+ESI (INR Monthly)+Provident Fund (INR Monthly)+EDLI (INR Monthly)+Bonus (INR Monthly)+EPF Admin Charges (INR Monthly)+Optional Allowances 1 (INR
Monthly)+Optional Allowances 2 (INR Monthly)+Optional Allowances 3 (INR Monthly))/100))*Tenure/ Duration of Employment (In Months)*Number of Resources to be hired )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 385822.31

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 385822.31

Amount of Contract|अनुबंध क रा श

Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 385822.31

SLA Details|एसएलए ववरण

Service Level Agreement

Manpower Outsourcing Services – Fixed Remuneration Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.

The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:

I. General terms and conditions for Services;( “GTC”)


II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.

The above terms and conditions are in reverse order of precedence i.e. ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.

2 Objectives and Goals

The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-

1. Buyer : Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents,
permitted assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-
adherence to the defined terms and conditions.

4 Terms & Conditions

4.1 Buyer’s Obligations:

i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/
entry pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the
labor laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery
etc., if required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer,
electricity, internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate
authority of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working
days, the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay
(LWP) for which necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be
provided by the Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those
resources. In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs
incurred by Service provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service
charges quoted by them during the bid participation.

4.2 Service Provider’s Obligations:

i. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
ii. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
i. List of persons deployed (monthly)
ii. Biodata/ resume with antecedents’ details (at the time of deployment)
iii. Copy of Aadhaar Card of the candidates (at the time of deployment)
iv. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
v. Identity proof and residential proof (at the time of deployment)
vi. Copy of police verification certificate (at the time of deployment)
vii. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider, at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc. shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. No advance payment shall be made to the Service Provider.
v. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vi. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
viii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
ix. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
x. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xi. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions

S.
Description
No.

1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.

Cancellation of the contract with cancellation


If employee is found disclosing any
charges @ 10% of the order value along with
confidential information/ document
2 recovery of losses caused (if any) and legal - -
to the Service Provider/ any third
action against the Service Provider
parties
depending on the gravity of the act

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.
Deductions

S.
Description
No.

1st Instance 2nd Instance 3rd Instance

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 day wages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value

If the employee is found responsible


Immediate replacement within 2 days/
for adopting illegal and foul methods
cancellation of the contract with cancellation Cancellation of the contract with cancellation
6 or exercising any corrupt practice in -
charges @ 10%, as decided by the buyer charges @ 10% of the order value
collusion with any third party or
depending on the gravity of the act.
officials at the workplace

Rs. 200 per day per resource, hold on all type


Delay in payments of take-home
Rs. 100 per day per resource, warning to of payments to Service Provider till the said Cancellation of the contract with
remuneration by the Service Provider
7 Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
and deposit of EPF and ESI (both
within 7 working days stakeholders and proof of same is submitted value
employee and employer share)
to Buyer

6 Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."

8 Formula Used

8.1 Cumulative Cost (Monthly): -

“m” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic monthly pay (INR) exclusive of GST
“pf” = Provident Fund (INR Monthly)
“edli” = EDLI (INR Monthly)
“esi” = ESI (INR Monthly)
“bonus” = Bonus (INR Monthly)
“admin” = EPF Admin Charge (INR Monthly)
“nm1” = Optional Allowance 1 (INR Monthly)
“nm2” = Optional Allowance 2 (INR Monthly)
“nm3” = Optional Allowance 3 (INR Monthly)
“m” = Cumulative Cost (INR Monthly)

8.2 Total: -

“tcv” = (m * 1.18 + m * sc / 100) * t * q


Where
“tcv” = Total Contract Value
“m” = Cumulative Cost (Monthly) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

ePBG Detail | ईपीबीजी ववरण

NA

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
Note: This is system generated file. No signature is required.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।


Contract|अनुबंध
Contract No|अनुबंध मांक: GEMC-511687782584164
Contract Generated Date|अनुबंध त थ : 25-Nov-2023

Organisation Details|संगठन ववरण Buyer Details|खरीदार ववरण


Type| प: State Government Designation|पद : ASSISTANT COMMANDANT
Ministry|मं ालय : - Contact No.|संपक नंबर : 0522-2323272-
Department| वभाग : Home Department Uttar Pradesh Email ID|ईमेल आईडी : buycon11.upp.up@gembuyer.in
Organisation Name|संगठन का नाम : Uttar Pradesh Police GSTIN|जीएसट आईएन : -
Office Zone|कायालय े : Adg Pac 35 PAC MAHANAGAR,
Address|पता :
LUCKNOW, UTTAR PRADESH-226006, India

Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: BUYER
Designation of Administrative Payment Mode|
COMMANDANT 35TH BATTALION PAC LUCKN Offline
Approval| भुगतान का तरीका:
OW
शास नक अनुमोदन का पदनाम: Designation|पद : ASSISTANT COMMANDANT
Designation of Financial Approval| COMMANDANT 35TH BATTALION PAC LUCKN Email ID|ईमेल आईडी : buycon11.upp.up@gembuyer.in
व ीय अनुमोदन का पदनाम : OW GSTIN|जीएसट आईएन : -
35 PAC MAHANAGAR,
Address|पता:
LUCKNOW, UTTAR PRADESH-226006, India

Consignee Details|परे षती ववरण

S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण

Contact|संपक : 0522-2323272-
Email ID|ईमेल आईडी :
buycon11.upp.up@gembuyer.in
1 Manpower Outsourcing Services - Minimum wage - Unskilled; Others; Cook
GSTIN|जीएसट आईएन : -
Address|पता : 35 PAC MAHANAGAR,
LUCKNOW, UTTAR PRADESH-226006, India

Service Provider Details|सेवा दाता ववरण


GeM Seller ID|जेम व े ता आईडी : FQ8M230007879088
Company Name|कंपनी का नाम : DEVENDRA H.R SERVICES PRIVATE LIMITED
Contact No.|संपक नंबर : 09161697129
Email ID|ईमेल आईडी : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
Address|पता :
Lucknow, UTTAR PRADESH-226024, -
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-UP-50-0053911
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : Male
GSTIN|जीएसट आईएन: 09AAJCD3815A1ZZ

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Buyer

Service Details|सेवा ववरण

Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 01-Dec-2023 Service End Date|सेवा समा त त थ : 31-Dec-2023

Category Name| ेणी नाम : Manpower Outsourcing Services - Minimum wage

Billing Cycle| ब लंग च : weekly

Description| ववरण Number of Resources to be hired Percentage of Service charge inclusive of GST

Skill Category Unskilled

Type of Function Others

List of Profiles Cook

Educational Qualification Not Required

Specialization Not Required

Post Graduation Not Required

Specialization for PG Not Applicable

Experience 0 to 3 Years

Number of working days in a month 26

Tenure/ Duration of Employment (in months) 1 31 3.85

Minimum daily wage (INR) exclusive of GST 395

Provident Fund (INR per day) 0

EDLI (INR per day) 0


ESI (INR per day) 0

Bonus (INR per day) 0

EPF Admin Charge (INR per day) 0

Optional Allowances 1 (INR per day) 0

Optional Allowances 2 (INR per day) 0

Optional Allowances 3 (INR per day) 0

Total Amount (Formula)|कुल रा श (सू ) :


( (((Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund (I NR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin Charge (INR per day
)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Option al Allowances 3 (INR per day) )*Number of working days in a month)*1.18 + (Perce ntage of
Service charge inclusive of GST*(Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund (INR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin
Charge (INR per day)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Optional Allowances 3 (INR per day))*Number of working days in a month)/100
)*Number of Resources to be hired*Tenure/ Duration of Employment (in months) )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 387933.84

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 387933.84

Amount of Contract|अनुबंध क रा श

Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 387933.84

SLA Details|एसएलए ववरण

Service Level Agreement

Manpower Outsourcing Services – Minimum Wage Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-


1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted
assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.

4 Terms & Conditions:


4.1 Buyer’s Obligations:
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/ entry
pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the labor
laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery etc., if
required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer, electricity,
internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate authority
of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days,
the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which
necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be provided by the
Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those resources.
In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs incurred by Service
provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service charges quoted by them
during the bid participation.

4.2 Service Provider’s Obligations:

i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.

Cancellation of the contract with cancellation


If employee is found disclosing any
charges @ 10% of the order value along with
confidential information/ document
2 recovery of losses caused (if any) and legal - -
to the Service Provider/ any third
action against the Service Provider
parties
depending on the gravity of the act

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 daywages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value

If the employee is found responsible


Immediate replacement within 2 days/
for adopting illegal and foul methods
cancellation of the contract with cancellation Cancellation of the contract with cancellation
6 or exercising any corrupt practice in -
charges @ 10%, as decided by the buyer charges @ 10% of the order value
collusion with any third party or
depending on the gravity of the act.
officials at the workplace

Rs. 200 per day per resource, hold on all type


Delay in payments of take-home Rs. 100 per day per resource, warning to of payments to Service Provider till the said Cancellation of the contract with
remuneration by the Service Provider
7 and deposit of EPF and ESI (both Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
employee and employer share) Deductions
within 7 working days stakeholders and proof of same is submitted value
S.
Description to Buyer
No.
1st Instance 2nd Instance 3rd Instance

6 Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used

8.1 Cumulative Cost (Daily): -

“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)

8.2 Total: -

“tcv” = (d * 1.18 + d * sc / 100) *nd * t * q


Where
“tcv” = Total Contract Value
“d” = Cumulative Cost (Daily) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“nd” = No. of working days in a month
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

ePBG Detail | ईपीबीजी ववरण

NA

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

Note: This is system generated file. No signature is required.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।


अनुबंध|Contract
अनुबंध मांक|Contract No: GEMC-511687749657091
अनुबंध त थ|Contract Generated Date : 23-Jan-2024

संगठन ववरण|Organisation Details खरीदार ववरण|Buyer Details


प|Type : State Government पद|Designation : Officer on Special Duty
मं ालय|Ministry : - संपक नंबर|Contact No. : 011-23701311-
वभाग|Department : Law Department Uttar Pradesh ईमेल आईडी|Email ID : osd-sclc@up.gov.in
संगठन का नाम|Organisation Name : N/A जीएसट आईएन|GSTIN : -
कायालय े |Office Zone: Delhi 4th Floor-Tej Building, 8-B, Bahadurshah Zafar Marg, Delhi,
पता|Address :
CENTRAL DELHI, DELHI-110002, India

व ीय वीकृ त ववरण|Financial Approval Detail भुगतान ा धकरण ववरण|Paying Authority Details


आईएफडी सहम त|IFD Concurrence : No Role: BUYER
शास नक अनुमोदन का पदनाम| भुगतान का तरीका|
secretary Offline
Designation of Administrative Approval: Payment Mode:
व ीय अनुमोदन का पदनाम| पद|Designation : Officer on Special Duty
secretary
Designation of Financial Approval : ईमेल आईडी|Email ID : osd-sclc@up.gov.in
जीएसट आईएन|GSTIN : -
4th Floor-Tej Building, 8-B, Bahadurshah Zafar Marg, Delhi,
पता|Address:
Central Delhi, DELHI-110002, India

परे षती ववरण|Consignee Details

.सं.|S.No परे षती नाम & पता|Consignee Name & Address सेवा ववरण|Service Description

संपक|Contact : 011-23701311-
ईमेल आईडी|Email ID : aro-sclc@up.gov.in
जीएसट आईएन|GSTIN : -
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
पता|Address : 4th Floor-Tej Building, 8-B,
Bahadurshah Zafar Marg, Delhi,
CENTRAL DELHI, DELHI-110002, India

सेवा दाता ववरण|Service Provider Details


जेम व े ता आईडी|GeM Seller ID : FQ8M230007879088
कंपनी का नाम|Company Name : DEVENDRA H.R SERVICES PRIVATE LIMITED
संपक नंबर|Contact No. : 09161697129
ईमेल आईडी|Email ID : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
पता| Address :
Lucknow, UTTAR PRADESH-226023, -
एमएसएमई पंजीकरण सं या|MSME Registration number : UDYAM-UP-50-0053911
एमएसई सामा जक ेणी|MSE Social Category : General
एमएसई लंग ेणी|MSE Gender : Male
जीएसट आईएन|GSTIN: 09AAJCD3815A1ZZ

* जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा|GST / Tax invoice to be raised in the name of - Buyer

सेवा ववरण|Service Details

सेवा ारंभ दनांक (नवीनतम) |Service Start Date (latest by): 01-Feb-2024 सेवा समा त त थ|Service End Date : 31-Jan-2025

ेणी नाम|Category Name : Manpower Outsourcing Services - Minimum wage

ब लंग च |Billing Cycle: monthly

Number of Resources to be Percentage of Service charge inclusive


ववरण|Description
hired of GST

Skill Category Skilled

Type of Function Others

List of Profiles Driver - LMV

Educational Qualification High School

Not
Specialization
Required

Not
Post Graduation
Required

Not
Specialization for PG
Applicable

Experience 0 to 3 Years

Number of working days in a month 26

Tenure/ Duration of Employment (in months) 12


1 4.5
Minimum daily wage (INR) exclusive of GST 816

Provident Fund (INR per day) 0

EDLI (INR per day) 0

ESI (INR per day) 26.52

Bonus (INR per day) 0

EPF Admin Charge (INR per day) 0

Optional Allowances 1 (INR per day) 0

Optional Allowances 2 (INR per day) 0

Optional Allowances 3 (INR per day) 0

Estimated Number of Overtime Hours per Resource per Month 0

Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc
0
& excluding GST)

कुल रा श (सू ) |Total Amount (Formula) :


( ((((Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund ( INR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin Charge (INR per da
y)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Optio nal Allowances 3 (INR per day) )*Number of working days in a month)+(Estimated N umber of
Overtime Hours per Resource per Month*Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc & excluding GST)))*(1.18 + Percentage of
Service charge inclusive of GST/100))*Number of Resources to be hired*Tenure/ Duration of Employment (in months) )

ऐडऑन के बना कुल मू य |Total Value without Addons(INR) 322011.14

कुल एडऑन मू य |Total Addon Value(INR) 0

ऐडऑन स हत कुल मू य |Total Value Including Addons(INR) 322011.14

अनुबंध क रा श|Amount of Contract


सभी शु क और कर स हत कुल अनुबंध मू य|Total Contract Value Including All Duties and Taxes(INR) 322011.14

एसएलए ववरण|SLA Details

Service Level Agreement

Manpower Outsourcing Services – Minimum Wage Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-


1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted
assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.

4 Terms & Conditions:


4.1 Buyer’s Obligations:
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/ entry
pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the labor
laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery etc., if
required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer, electricity,
internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate authority
of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days,
the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which
necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be provided by the
Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those resources.
In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs incurred by Service
provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service charges quoted by them
during the bid participation.

4.2 Service Provider’s Obligations:

i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.

Cancellation of the contract with cancellation


If employee is found disclosing any
charges @ 10% of the order value along with
confidential information/ document
2 recovery of losses caused (if any) and legal - -
to the Service Provider/ any third
action against the Service Provider
parties
depending on the gravity of the act

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 daywages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value

If the employee is found responsible Immediate replacement within 2 days/


for adopting illegal and foul methods cancellation of the contract with cancellation Cancellation of the contract with cancellation
6 or exercising any corrupt practice in charges @ 10%, as decided by the buyer charges @ 10% of the order value -
collusion with any third party or depending on the gravity of the act.
officials at the workplace Deductions
S.
Description
No.
1st Instance 2nd Instance
Rs. 200 per day per resource, hold on all type 3rd Instance
Delay in payments of take-home
Rs. 100 per day per resource, warning to of payments to Service Provider till the said Cancellation of the contract with
remuneration by the Service Provider
7 Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
and deposit of EPF and ESI (both
within 7 working days stakeholders and proof of same is submitted value
employee and employer share)
to Buyer

6 Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used

8.1 Cumulative Cost (Daily): -

“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3” + "oth" * "otr"
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)

"oth" = Estimated Number of Overtime Hours per Resource per Month

"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)

8.2 Total: -

“tcv” = (d * nd + "oth " * "otr") * (1.18 + sc / 100) * t * q


Where
“tcv” = Total Contract Value
“d” = Cumulative Cost (Daily) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“nd” = No. of working days in a month
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

ईपीबीजी ववरण | ePBG Detail

NA

नयम और शत|Terms and Conditions

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।

Note: This is system generated file. No signature is required.


Contract|अनुबंध
Contract No|अनुबंध मांक: GEMC-511687704463467
Contract Generated Date|अनुबंध त थ : 09-Jan-2024

Organisation Details|संगठन ववरण Buyer Details|खरीदार ववरण


Type| प: State Government Designation|पद : Accountant
Ministry|मं ालय : - Contact No.|संपक नंबर : 0581-2970185-
Department| वभाग : Law Department Uttar Pradesh Email ID|ईमेल आईडी : buycon36.ldup.up@gembuyer.in
Organisation Name|संगठन का नाम : N/A GSTIN|जीएसट आईएन : -
Office Zone|कायालय े : Principal Judge Family Court Bareilly District Court Bareilly,
Address|पता :
BAREILLY, UTTAR PRADESH-243001, India

Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
Principal Judge Family Court Bareilly Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : Munsarim
Principal Judge Family Court Bareilly
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : ddo4.ldup.up@gembuyer.in
GSTIN|जीएसट आईएन : -
District Court Bareilly,
Address|पता:
Bareilly, UTTAR PRADESH-243001, India

Consignee Details|परे षती ववरण

S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण

Contact|संपक : 0581-2970185-
Email ID|ईमेल आईडी :
buycon36.ldup.up@gembuyer.in
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
GSTIN|जीएसट आईएन : -
Address|पता : District Court Bareilly,
BAREILLY, UTTAR PRADESH-243001, India

Service Provider Details|सेवा दाता ववरण


GeM Seller ID|जेम व े ता आईडी : FQ8M230007879088
Company Name|कंपनी का नाम : DEVENDRA H.R SERVICES PRIVATE LIMITED
Contact No.|संपक नंबर : 09161697129
Email ID|ईमेल आईडी : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
Address|पता :
Lucknow, UTTAR PRADESH-226024, -
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-UP-50-0053911
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : Male
GSTIN|जीएसट आईएन: 09AAJCD3815A1ZZ

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Buyer

Service Details|सेवा ववरण

Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 10-Jan-2024 Service End Date|सेवा समा त त थ : 31-Mar-2024

Category Name| ेणी नाम : Manpower Outsourcing Services - Minimum wage

Billing Cycle| ब लंग च : weekly

Number of Resources to be Percentage of Service charge


Description| ववरण
hired inclusive of GST

Skill Category Skilled

Type of Function Others

List of Profiles Driver - LMV

Secondary
Educational Qualification
School

Specialization Not Required

Post Graduation Not Required

Specialization for PG Not Applicable

Experience 0 to 3 Years

Number of working days in a month 26

Tenure/ Duration of Employment (in months) 2.73

Minimum daily wage (INR) exclusive of GST 478 1 4.5


Provident Fund (INR per day) 62

EDLI (INR per day) 0

ESI (INR per day) 16

Bonus (INR per day) 0

EPF Admin Charge (INR per day) 0

Optional Allowances 1 (INR per day) 0

Optional Allowances 2 (INR per day) 0

Optional Allowances 3 (INR per day) 0

Remuneration per resource per hour for Overtime Hours (Including all applicable allowance
0
etc & excluding GST)

Estimated Number of Overtime Hours per Resource per Month 0

Total Amount (Formula)|कुल रा श (सू ) :


( ((((Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund ( INR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin Charge (INR per da
y)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Optio nal Allowances 3 (INR per day) )*Number of working days in a month)+(Estimated N umber of
Overtime Hours per Resource per Month*Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc & excluding GST)))*(1.18 + Percentage of
Service charge inclusive of GST/100))*Number of Resources to be hired*Tenure/ Duration of Employment (in months) )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 48344.48

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 48344.48

Amount of Contract|अनुबंध क रा श

Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 48344.48

SLA Details|एसएलए ववरण

Service Level Agreement

Manpower Outsourcing Services – Minimum Wage Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-


1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted
assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.

4 Terms & Conditions:


4.1 Buyer’s Obligations:
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/ entry
pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the labor
laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery etc., if
required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer, electricity,
internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate authority
of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days,
the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which
necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be provided by the
Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those resources.
In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs incurred by Service
provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service charges quoted by them
during the bid participation.

4.2 Service Provider’s Obligations:

i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.

Cancellation of the contract with cancellation


If employee is found disclosing any
charges @ 10% of the order value along with
confidential information/ document
2 recovery of losses caused (if any) and legal - -
to the Service Provider/ any third
action against the Service Provider
parties
depending on the gravity of the act

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 daywages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value

If the employee is found responsible Immediate replacement within 2 days/


for adopting illegal and foul methods cancellation of the contract with cancellation
Cancellation of the contract with cancellation
6 or exercising any corrupt practice in charges @ 10%, as decided by the buyer -
charges @ 10% of the order value
collusion with any third party or depending on the gravity of the act.
officials at the workplace
Deductions
S.
Description
No. Rs. 200 per day per resource, hold on all type
Delay in payments of take-home
1st Instance
Rs. 100 per day per resource, warning to 2nd Instance to Service Provider till the said
of payments 3rd Instance of the contract with
Cancellation
remuneration by the Service Provider
7 Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
and deposit of EPF and ESI (both
within 7 working days stakeholders and proof of same is submitted value
employee and employer share)
to Buyer

6 Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used

8.1 Cumulative Cost (Daily): -

“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3” + "oth" * "otr"
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)

"oth" = Estimated Number of Overtime Hours per Resource per Month

"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)

8.2 Total: -

“tcv” = (d * nd + "oth " * "otr") * (1.18 + sc / 100) * t * q


Where
“tcv” = Total Contract Value
“d” = Cumulative Cost (Daily) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“nd” = No. of working days in a month
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

ePBG Detail | ईपीबीजी ववरण

NA

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

Note: This is system generated file. No signature is required.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।


Contract|अनुबंध
Contract No|अनुबंध मांक: GEMC-511687797050309
Contract Generated Date|अनुबंध त थ : 17-Dec-2023

Organisation Details|संगठन ववरण Buyer Details|खरीदार ववरण


Type| प: Union Territories Designation|पद : Junior Assistant Kashmir Forest Training School
Ministry|मं ालय : Ministry of Environment Forest and Climate Change Contact No.|संपक नंबर : 194-2222222-
Department| वभाग : NA Email ID|ईमेल आईडी : buycon12.mefcc.jk@gembuyer.in
Organisation Name|संगठन का नाम : N/A GSTIN|जीएसट आईएन : -
Office Zone|कायालय े : Principal Kashmir Forest Training School Chitternar, Bandipora,
Address|पता :
BANDIPUR, JAMMU & KASHMIR-193502, India

Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: BUYER
Designation of Administrative Approval| Payment Mode|
PRINCIPAL Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : Junior Assistant Kashmir Forest Training School
PRINCIPAL
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : buycon12.mefcc.jk@gembuyer.in
GSTIN|जीएसट आईएन : 01AMRP13682E1DV
Chitternar, Bandipora,
Address|पता:
Baramulla, JAMMU & KASHMIR-193502, India

Consignee Details|परे षती ववरण

S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण

Contact|संपक : 194-2222222-
Email ID|ईमेल आईडी :
buycon12.mefcc.jk@gembuyer.in
1 Manpower Outsourcing Services - Man-days based - Others; Semi-skilled; Painter
GSTIN|जीएसट आईएन : -
Address|पता : Chitternar, Bandipora,
BANDIPUR, JAMMU & KASHMIR-193502, India

Service Provider Details|सेवा दाता ववरण


GeM Seller ID|जेम व े ता आईडी : FQ8M230007879088
Company Name|कंपनी का नाम : DEVENDRA H.R SERVICES PRIVATE LIMITED
Contact No.|संपक नंबर : 09161697129
Email ID|ईमेल आईडी : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
Address|पता :
Lucknow, UTTAR PRADESH-226024, -
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-UP-50-0053911
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : Male
GSTIN|जीएसट आईएन: 09AAJCD3815A1ZZ

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee

Service Details|सेवा ववरण

Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 18-Dec-2023 Service End Date|सेवा समा त त थ : 22-Dec-2023

Category Name| ेणी नाम : Manpower Outsourcing Services - Man-days based

Billing Cycle| ब लंग च : weekly

Total number of man-days required during Percentage of Service charge inclusive


Description| ववरण
contract period of GST

Type of Function Others

Semi-
Skill Category
skilled

Type of Services required Painter

0 to 3
Experience of Resource 26 3.85
Years

Charges per man-day (Inclusive of Wages, EPF, ESIC, EDLI, Bonus, etc)
800
exclusive of GST

Estimated number of overtime man-hours during contract period 0

Per hour charges for Overtime Man-hours exclusive of GST 0

Total Amount (Formula)|कुल रा श (सू ) :


( ((Total number of man-days required during contract period*Charges per man-day ( Inclusive of Wages, EPF, ESIC, EDLI, Bonus, etc) exclusive of GST)+(Estimated nu mber of
overtime man-hours during contract period*Per hour charges for Overtime Man-hours exclusive of GST))*1.18+((Total number of man-days required during con tract
period*Charges per man-day (Inclusive of Wages, EPF, ESIC, EDLI, Bonus, etc) exclusive of GST)+(Estimated number of overtime man-hours during contract period*Per hour
charges for Overtime Man-hours exclusive of GST))*Percentage of Service charge inclusive of GST/100 )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 25344.8

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 25344.80

Amount of Contract|अनुबंध क रा श

Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 25344.8

SLA Details|एसएलए ववरण

Service Level Agreement

Manpower Outsourcing Services – Man-days Basis

1. Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.

The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:

I. General terms and conditions for Services;( “GTC”)

II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.

III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.

2. Objectives and Goals

The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:

I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified

IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3. Parties to the Agreement

The main stakeholders associated with this agreement are below-

1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availe
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents,
permitted assignees, successors and nominees as described in the agreement

The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.

4 Terms & Conditions:

4.1 Buyer’s Obligations:

i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/
entry pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the
labor laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery
etc., if required.
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer,
electricity, internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate
authority of the Buyer for undertaking such travel for the project/assignment.
vii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
viii. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be
provided by the Buyer.
ix. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those
resources. In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement.

4.2 Service Provider’s Obligations:

i. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
ii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iii. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
iv. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
i. List of persons deployed (monthly)
ii. Biodata/ resume with antecedents’ details (at the time of deployment)
iii. Copy of Aadhaar Card of the candidates (at the time of deployment)
iv. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
v. Identity proof and residential proof (at the time of deployment)
vi. Copy of police verification certificate (at the time of deployment)
vii. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
viii. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xvii. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xviii. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xix. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xx. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxi. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxii. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxiii. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxiv. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxv. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxvi. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxvii. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxviii. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxix. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxx. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxi. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxii. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxiii. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxiv. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The requirement of resources shall be intimated by the buyer at the beginning of every month (or at the start of contract, in case if contract duration is less than 1 month).
In case of any variation in the requirement of number of resources,buyer shall intimate in advance to service provider.
iii. In case of deployment of resources in overtime (during national holidays or during work hours beyond the shift timings), buyer shall pay the overtime charges, as per
contract conditions.
iv. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc. shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
v. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
vi. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
vii. No advance payment shall be made to the Service Provider.
viii. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
ix. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
x. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
xi. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
xii. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xiii. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xiv. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xv. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance

Non-deployment of total manpower Up to 15 Days, 1 man-day charges, per day.


1 mentioned in the contract as per the Beyond 15 days cancellation of the contract with
date of joining forfeiture of PBG.

If employee is found disclosing any Cancellation of the contract with forfeiture of PBG
confidential information/ document along with recovery of losses caused (if any) and
2 - -
to the Service Provider/ any third legal action against the Service Provider
parties depending on the gravity of the act

Payment in actuals, equivalent to the value


Payment in actuals, equivalent to the value of the of the article theft/ lost/ damaged within
If the employee is found responsible
article theft/ lost/ damaged within the period the period prescribed by the buyer. Cancellation of the contract with forfeiture
3 for any theft, loss of material/
prescribed by the Buyer. Replacement of Replacement of employee within 2 days/ of PBG.
articles and damages
employee within 2 days. cancellation of contract as decided by the
buyer depending on the gravity of the act.

Warning/ counselling/ Immediate


replacement of employee within 2 days as
If the employee is found responsible Warning/ counselling of employee as decided by Cancellation of the contract with forfeiture
4 decided by the Buyer and Warning to
for disobedience/ misconduct the Buyer depending on the gravity of the act of PBG.
Service Provider depending on the gravity
of the act

If the employee is absent or takes Substitute within 2 days of intimation from


Substitute within 2 days of intimation from buyer
leave for more than 2 days without buyer failing which, up to 15 days, 2
failing which, up to 15 days, 1day wages of absent Cancellation of the contract with forfeiture
5 informing buyer or taking prior daywages of absent resource/s per day.
resource/s per day. Beyond 15 days, cancellation of PBG.
approval without substitute being Beyond 15 days, cancellation of the
of the contract with forfeiture of PBG.
provided by the service provider. contract with forfeiture of PBG.

If the employee is found responsible


Immediate replacement within 2 days/
for adopting illegal and foul
cancellation of the contract with forfeiture of PBG, Cancellation of the contract with forfeiture
6 methods or exercising any corrupt -
as decided by the buyer depending on the gravity of PBG.
practice in collusion with any third
of the act.
party or officials at the workplace

Rs. 200 per day per resource, hold on all


Delay in payments of take-home
Rs. 100 per day per resource, warning to Service type of payments to Service Provider till
remuneration by the Service Cancellation of the contract with forfeiture
7 Provider to deposit the said amount within 7 the said amount is deposited to respective
Provider and deposit of EPF and ESI of PBG.
working days stakeholders and proof of same is
(both employee and employer share)
submitted to Buyer

6 Payment Terms

1. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
2. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."

8 Formula Used

8.1 Total Contract Value: -

“tcv” = (nd * c + od * oc )*1.18 + (nd * c + od * oc )*sc

Where,

“tcv” = Total Contract Value

“nd” = Number of man-days during contract period

“c” = Charges per man-day (inclusive of wages, EPF, ESIC, EDLI, Bonus etc.)

“od” = Estimated number of overtime manhours during contract period

“oc” = Charges for per hour overtime (inclusive of wages, EPF, ESIC, EDLI, Bonus etc.)

“sc” = Service Charge quoted by service provider (in percentage)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

ePBG Detail | ईपीबीजी ववरण

NA

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

Note: This is system generated file. No signature is required.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।


Contract|अनुबंध
Contract No|अनुबंध मांक: GEMC-511687704463467
Contract Generated Date|अनुबंध त थ : 09-Jan-2024

Organisation Details|संगठन ववरण Buyer Details|खरीदार ववरण


Type| प: State Government Designation|पद : Accountant
Ministry|मं ालय : - Contact No.|संपक नंबर : 0581-2970185-
Department| वभाग : Law Department Uttar Pradesh Email ID|ईमेल आईडी : buycon36.ldup.up@gembuyer.in
Organisation Name|संगठन का नाम : N/A GSTIN|जीएसट आईएन : -
Office Zone|कायालय े : Principal Judge Family Court Bareilly District Court Bareilly,
Address|पता :
BAREILLY, UTTAR PRADESH-243001, India

Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
Principal Judge Family Court Bareilly Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : Munsarim
Principal Judge Family Court Bareilly
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : ddo4.ldup.up@gembuyer.in
GSTIN|जीएसट आईएन : -
District Court Bareilly,
Address|पता:
Bareilly, UTTAR PRADESH-243001, India

Consignee Details|परे षती ववरण

S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण

Contact|संपक : 0581-2970185-
Email ID|ईमेल आईडी :
buycon36.ldup.up@gembuyer.in
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
GSTIN|जीएसट आईएन : -
Address|पता : District Court Bareilly,
BAREILLY, UTTAR PRADESH-243001, India

Service Provider Details|सेवा दाता ववरण


GeM Seller ID|जेम व े ता आईडी : FQ8M230007879088
Company Name|कंपनी का नाम : DEVENDRA H.R SERVICES PRIVATE LIMITED
Contact No.|संपक नंबर : 09161697129
Email ID|ईमेल आईडी : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
Address|पता :
Lucknow, UTTAR PRADESH-226024, -
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-UP-50-0053911
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : Male
GSTIN|जीएसट आईएन: 09AAJCD3815A1ZZ

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Buyer

Service Details|सेवा ववरण

Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 10-Jan-2024 Service End Date|सेवा समा त त थ : 31-Mar-2024

Category Name| ेणी नाम : Manpower Outsourcing Services - Minimum wage

Billing Cycle| ब लंग च : weekly

Number of Resources to be Percentage of Service charge


Description| ववरण
hired inclusive of GST

Skill Category Skilled

Type of Function Others

List of Profiles Driver - LMV

Secondary
Educational Qualification
School

Specialization Not Required

Post Graduation Not Required

Specialization for PG Not Applicable

Experience 0 to 3 Years

Number of working days in a month 26

Tenure/ Duration of Employment (in months) 2.73

Minimum daily wage (INR) exclusive of GST 478 1 4.5


Provident Fund (INR per day) 62

EDLI (INR per day) 0

ESI (INR per day) 16

Bonus (INR per day) 0

EPF Admin Charge (INR per day) 0

Optional Allowances 1 (INR per day) 0

Optional Allowances 2 (INR per day) 0

Optional Allowances 3 (INR per day) 0

Remuneration per resource per hour for Overtime Hours (Including all applicable allowance
0
etc & excluding GST)

Estimated Number of Overtime Hours per Resource per Month 0

Total Amount (Formula)|कुल रा श (सू ) :


( ((((Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund ( INR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin Charge (INR per da
y)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Optio nal Allowances 3 (INR per day) )*Number of working days in a month)+(Estimated N umber of
Overtime Hours per Resource per Month*Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc & excluding GST)))*(1.18 + Percentage of
Service charge inclusive of GST/100))*Number of Resources to be hired*Tenure/ Duration of Employment (in months) )

Total Value without Addons |ऐडऑन के बना कुल मू य (INR) 48344.48

Total Addon Value|कुल एडऑन मू य (INR) 0

Total Value Including Addons|ऐडऑन स हत कुल मू य (INR) 48344.48

Amount of Contract|अनुबंध क रा श

Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 48344.48

SLA Details|एसएलए ववरण

Service Level Agreement

Manpower Outsourcing Services – Minimum Wage Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-


1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted
assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.

4 Terms & Conditions:


4.1 Buyer’s Obligations:
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/ entry
pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the labor
laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery etc., if
required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer, electricity,
internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate authority
of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days,
the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which
necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be provided by the
Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those resources.
In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs incurred by Service
provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service charges quoted by them
during the bid participation.

4.2 Service Provider’s Obligations:

i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.

Cancellation of the contract with cancellation


If employee is found disclosing any
charges @ 10% of the order value along with
confidential information/ document
2 recovery of losses caused (if any) and legal - -
to the Service Provider/ any third
action against the Service Provider
parties
depending on the gravity of the act

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 daywages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value

If the employee is found responsible Immediate replacement within 2 days/


for adopting illegal and foul methods cancellation of the contract with cancellation
Cancellation of the contract with cancellation
6 or exercising any corrupt practice in charges @ 10%, as decided by the buyer -
charges @ 10% of the order value
collusion with any third party or depending on the gravity of the act.
officials at the workplace
Deductions
S.
Description
No. Rs. 200 per day per resource, hold on all type
Delay in payments of take-home
1st Instance
Rs. 100 per day per resource, warning to 2nd Instance to Service Provider till the said
of payments 3rd Instance of the contract with
Cancellation
remuneration by the Service Provider
7 Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
and deposit of EPF and ESI (both
within 7 working days stakeholders and proof of same is submitted value
employee and employer share)
to Buyer

6 Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used

8.1 Cumulative Cost (Daily): -

“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3” + "oth" * "otr"
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)

"oth" = Estimated Number of Overtime Hours per Resource per Month

"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)

8.2 Total: -

“tcv” = (d * nd + "oth " * "otr") * (1.18 + sc / 100) * t * q


Where
“tcv” = Total Contract Value
“d” = Cumulative Cost (Daily) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“nd” = No. of working days in a month
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

ePBG Detail | ईपीबीजी ववरण

NA

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

Note: This is system generated file. No signature is required.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।


अनुबंध|Contract
अनुबंध मांक|Contract No: GEMC-511687749657091
अनुबंध त थ|Contract Generated Date : 23-Jan-2024

संगठन ववरण|Organisation Details खरीदार ववरण|Buyer Details


प|Type : State Government पद|Designation : Officer on Special Duty
मं ालय|Ministry : - संपक नंबर|Contact No. : 011-23701311-
वभाग|Department : Law Department Uttar Pradesh ईमेल आईडी|Email ID : osd-sclc@up.gov.in
संगठन का नाम|Organisation Name : N/A जीएसट आईएन|GSTIN : -
कायालय े |Office Zone: Delhi 4th Floor-Tej Building, 8-B, Bahadurshah Zafar Marg, Delhi,
पता|Address :
CENTRAL DELHI, DELHI-110002, India

व ीय वीकृ त ववरण|Financial Approval Detail भुगतान ा धकरण ववरण|Paying Authority Details


आईएफडी सहम त|IFD Concurrence : No Role: BUYER
शास नक अनुमोदन का पदनाम| भुगतान का तरीका|
secretary Offline
Designation of Administrative Approval: Payment Mode:
व ीय अनुमोदन का पदनाम| पद|Designation : Officer on Special Duty
secretary
Designation of Financial Approval : ईमेल आईडी|Email ID : osd-sclc@up.gov.in
जीएसट आईएन|GSTIN : -
4th Floor-Tej Building, 8-B, Bahadurshah Zafar Marg, Delhi,
पता|Address:
Central Delhi, DELHI-110002, India

परे षती ववरण|Consignee Details

.सं.|S.No परे षती नाम & पता|Consignee Name & Address सेवा ववरण|Service Description

संपक|Contact : 011-23701311-
ईमेल आईडी|Email ID : aro-sclc@up.gov.in
जीएसट आईएन|GSTIN : -
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
पता|Address : 4th Floor-Tej Building, 8-B,
Bahadurshah Zafar Marg, Delhi,
CENTRAL DELHI, DELHI-110002, India

सेवा दाता ववरण|Service Provider Details


जेम व े ता आईडी|GeM Seller ID : FQ8M230007879088
कंपनी का नाम|Company Name : DEVENDRA H.R SERVICES PRIVATE LIMITED
संपक नंबर|Contact No. : 09161697129
ईमेल आईडी|Email ID : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
पता| Address :
Lucknow, UTTAR PRADESH-226023, -
एमएसएमई पंजीकरण सं या|MSME Registration number : UDYAM-UP-50-0053911
एमएसई सामा जक ेणी|MSE Social Category : General
एमएसई लंग ेणी|MSE Gender : Male
जीएसट आईएन|GSTIN: 09AAJCD3815A1ZZ

* जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा|GST / Tax invoice to be raised in the name of - Buyer

सेवा ववरण|Service Details

सेवा ारंभ दनांक (नवीनतम) |Service Start Date (latest by): 01-Feb-2024 सेवा समा त त थ|Service End Date : 31-Jan-2025

ेणी नाम|Category Name : Manpower Outsourcing Services - Minimum wage

ब लंग च |Billing Cycle: monthly

Number of Resources to be Percentage of Service charge inclusive


ववरण|Description
hired of GST

Skill Category Skilled

Type of Function Others

List of Profiles Driver - LMV

Educational Qualification High School

Not
Specialization
Required

Not
Post Graduation
Required

Not
Specialization for PG
Applicable

Experience 0 to 3 Years

Number of working days in a month 26

Tenure/ Duration of Employment (in months) 12


1 4.5
Minimum daily wage (INR) exclusive of GST 816

Provident Fund (INR per day) 0

EDLI (INR per day) 0

ESI (INR per day) 26.52

Bonus (INR per day) 0

EPF Admin Charge (INR per day) 0

Optional Allowances 1 (INR per day) 0

Optional Allowances 2 (INR per day) 0

Optional Allowances 3 (INR per day) 0

Estimated Number of Overtime Hours per Resource per Month 0

Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc
0
& excluding GST)

कुल रा श (सू ) |Total Amount (Formula) :


( ((((Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund ( INR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin Charge (INR per da
y)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Optio nal Allowances 3 (INR per day) )*Number of working days in a month)+(Estimated N umber of
Overtime Hours per Resource per Month*Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc & excluding GST)))*(1.18 + Percentage of
Service charge inclusive of GST/100))*Number of Resources to be hired*Tenure/ Duration of Employment (in months) )

ऐडऑन के बना कुल मू य |Total Value without Addons(INR) 322011.14

कुल एडऑन मू य |Total Addon Value(INR) 0

ऐडऑन स हत कुल मू य |Total Value Including Addons(INR) 322011.14

अनुबंध क रा श|Amount of Contract


सभी शु क और कर स हत कुल अनुबंध मू य|Total Contract Value Including All Duties and Taxes(INR) 322011.14

एसएलए ववरण|SLA Details

Service Level Agreement

Manpower Outsourcing Services – Minimum Wage Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-


1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted
assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.

4 Terms & Conditions:


4.1 Buyer’s Obligations:
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/ entry
pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the labor
laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery etc., if
required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer, electricity,
internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate authority
of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days,
the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which
necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be provided by the
Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those resources.
In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs incurred by Service
provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service charges quoted by them
during the bid participation.

4.2 Service Provider’s Obligations:

i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.

Cancellation of the contract with cancellation


If employee is found disclosing any
charges @ 10% of the order value along with
confidential information/ document
2 recovery of losses caused (if any) and legal - -
to the Service Provider/ any third
action against the Service Provider
parties
depending on the gravity of the act

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 daywages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value

If the employee is found responsible Immediate replacement within 2 days/


for adopting illegal and foul methods cancellation of the contract with cancellation Cancellation of the contract with cancellation
6 or exercising any corrupt practice in charges @ 10%, as decided by the buyer charges @ 10% of the order value -
collusion with any third party or depending on the gravity of the act.
officials at the workplace Deductions
S.
Description
No.
1st Instance 2nd Instance
Rs. 200 per day per resource, hold on all type 3rd Instance
Delay in payments of take-home
Rs. 100 per day per resource, warning to of payments to Service Provider till the said Cancellation of the contract with
remuneration by the Service Provider
7 Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
and deposit of EPF and ESI (both
within 7 working days stakeholders and proof of same is submitted value
employee and employer share)
to Buyer

6 Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used

8.1 Cumulative Cost (Daily): -

“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3” + "oth" * "otr"
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)

"oth" = Estimated Number of Overtime Hours per Resource per Month

"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)

8.2 Total: -

“tcv” = (d * nd + "oth " * "otr") * (1.18 + sc / 100) * t * q


Where
“tcv” = Total Contract Value
“d” = Cumulative Cost (Daily) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“nd” = No. of working days in a month
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

ईपीबीजी ववरण | ePBG Detail

NA

नयम और शत|Terms and Conditions

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।

Note: This is system generated file. No signature is required.


अनुबंध|Contract
अनुबंध मांक|Contract No: GEMC-511687747186657
अनुबंध त थ|Contract Generated Date : 30-Jan-2024

संगठन ववरण|Organisation Details खरीदार ववरण|Buyer Details


प|Type : State Government पद|Designation : Section officer
मं ालय|Ministry : - संपक नंबर|Contact No. : 0522-2238108-
वभाग|Department : Law Department Uttar Pradesh ईमेल आईडी|Email ID : vishnu.13030@gov.in
संगठन का नाम|Organisation Name : N/A जीएसट आईएन|GSTIN : -
कायालय े |Office Zone: U P Secretariate, Lucknow vidhansabha Marg, U.P. Sectt Lucknow,
पता|Address :
LUCKNOW, UTTAR PRADESH-226001, India

व ीय वीकृ त ववरण|Financial Approval Detail भुगतान ा धकरण ववरण|Paying Authority Details


आईएफडी सहम त|IFD Concurrence : No Role: PAO
शास नक अनुमोदन का पदनाम| भुगतान का तरीका|
principle secretary Offline
Designation of Administrative Approval: Payment Mode:
व ीय अनुमोदन का पदनाम| पद|Designation : UNDER SECRETARY1
principle secretary
Designation of Financial Approval : ईमेल आईडी|Email ID : ashok.13263@gov.in
जीएसट आईएन|GSTIN : -
vidhansabha Marg, U.P. Sectt Lucknow,
पता|Address:
LUCKNOW, UTTAR PRADESH-226001, India

परे षती ववरण|Consignee Details

.सं.|S.No परे षती नाम & पता|Consignee Name & Address सेवा ववरण|Service Description

संपक|Contact : 0522-2238108-
ईमेल आईडी|Email ID : ramakant.13221@gov.in
जीएसट आईएन|GSTIN : -
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
पता|Address : vidhansabha Marg, U.P. Sectt
Lucknow,
LUCKNOW, UTTAR PRADESH-226001, India

सेवा दाता ववरण|Service Provider Details


जेम व े ता आईडी|GeM Seller ID : FQ8M230007879088
कंपनी का नाम|Company Name : DEVENDRA H.R SERVICES PRIVATE LIMITED
संपक नंबर|Contact No. : 09161697129
ईमेल आईडी|Email ID : devendrasingh224122@gmail.com
10 2nd FLOOR,RANI SALTANAT PLAZA,LUCKNOW,HAZRATGANJ,
पता| Address :
Lucknow, UTTAR PRADESH-226023, -
एमएसएमई पंजीकरण सं या|MSME Registration number : UDYAM-UP-50-0053911
एमएसई सामा जक ेणी|MSE Social Category : General
एमएसई लंग ेणी|MSE Gender : Male
जीएसट आईएन|GSTIN: 09AAJCD3815A1ZZ

* जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा|GST / Tax invoice to be raised in the name of - Buyer

सेवा ववरण|Service Details

सेवा ारंभ दनांक (नवीनतम) |Service Start Date (latest by): 01-Feb-2024 सेवा समा त त थ|Service End Date : 31-Jan-2025

ेणी नाम|Category Name : Manpower Outsourcing Services - Minimum wage

ब लंग च |Billing Cycle: monthly

Number of Resources to be Percentage of Service charge inclusive


ववरण|Description
hired of GST

Skill Category Skilled

Type of Function Others

List of Profiles Driver - LMV

Educational Qualification High School

Not
Specialization
Required

Not
Post Graduation
Required

Not
Specialization for PG
Applicable

Experience 0 to 3 Years

Number of working days in a month 26

Tenure/ Duration of Employment (in months) 12


1 4.5
Minimum daily wage (INR) exclusive of GST 478

Provident Fund (INR per day) 62

EDLI (INR per day) 0

ESI (INR per day) 16

Bonus (INR per day) 0

EPF Admin Charge (INR per day) 0

Optional Allowances 1 (INR per day) 0

Optional Allowances 2 (INR per day) 0

Optional Allowances 3 (INR per day) 0

Estimated Number of Overtime Hours per Resource per Month 0

Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc
0
& excluding GST)

कुल रा श (सू ) |Total Amount (Formula) :


( ((((Minimum daily wage (INR) exclusive of GST+ESI (INR per day)+Provident Fund ( INR per day)+EDLI (INR per day)+Bonus (INR per day)+EPF Admin Charge (INR per da
y)+Optional Allowances 1 (INR per day)+Optional Allowances 2 (INR per day)+Optio nal Allowances 3 (INR per day) )*Number of working days in a month)+(Estimated N umber of
Overtime Hours per Resource per Month*Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc & excluding GST)))*(1.18 + Percentage of
Service charge inclusive of GST/100))*Number of Resources to be hired*Tenure/ Duration of Employment (in months) )

ऐडऑन के बना कुल मू य |Total Value without Addons(INR) 212503.2

कुल एडऑन मू य |Total Addon Value(INR) 0

ऐडऑन स हत कुल मू य |Total Value Including Addons(INR) 212503.20

अनुबंध क रा श|Amount of Contract


सभी शु क और कर स हत कुल अनुबंध मू य|Total Contract Value Including All Duties and Taxes(INR) 212503.2

एसएलए ववरण|SLA Details

Service Level Agreement

Manpower Outsourcing Services – Minimum Wage Based

1 Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3 Parties to the Agreement

The main stakeholders associated with this agreement are below-


1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted
assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.

4 Terms & Conditions:


4.1 Buyer’s Obligations:
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/ entry
pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the labor
laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery etc., if
required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer, electricity,
internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate authority
of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days,
the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which
necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be provided by the
Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those resources.
In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs incurred by Service
provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service charges quoted by them
during the bid participation.

4.2 Service Provider’s Obligations:

i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3 Special Terms & Conditions:

i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.

5 Deductions

Deductions can be imposed by the Buyer for the following:

Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance

Up to 15 Days, 1 day wages of the resources


Non-deployment of total manpower which are not deployed, per day. Beyond 15
1 mentioned in the contract as per the days cancellation of the contract with
date of joining cancellation charges @ 10% of the order
value.

Cancellation of the contract with cancellation


If employee is found disclosing any
charges @ 10% of the order value along with
confidential information/ document
2 recovery of losses caused (if any) and legal - -
to the Service Provider/ any third
action against the Service Provider
parties
depending on the gravity of the act

Payment in actuals, equivalent to the value of


Payment in actuals, equivalent to the value the article theft/ lost/ damaged within the
If the employee is found responsible Cancellation of the contract with
of the article theft/ lost/ damaged within the period prescribed by the buyer. Replacement
3 for any theft, loss of material/ articles cancellation charges @ 10% of the order
period prescribed by the Buyer. of employee within 2 days/ cancellation of
and damages value
Replacement of employee within 2 days. contract as decided by the buyer depending
on the gravity of the act.

Warning/ counselling/ Immediate replacement


Warning/ counselling of employee as Cancellation of the contract with
If the employee is found responsible of employee within 2 days as decided by the
4 decided by the Buyer depending on the cancellation charges @ 10% of the order
for disobedience/ misconduct Buyer and Warning to Service Provider
gravity of the act value
depending on the gravity of the act

Substitute within 2 days of intimation from


If the employee is absent or takes Substitute within 2 days of intimation from
buyer failing which, up to 15 days, 1day
leave for more than 2 days without buyer failing which, up to 15 days, 2 daywages Cancellation of the contract with
wages of absent resource/s per day. Beyond
5 informing buyer or taking prior of absent resource/s per day. Beyond 15 days, cancellation charges @ 10% of the order
15 days, cancellation of the contract with
approval without substitute being cancellation of the contract with cancellation value
cancellation charges @ 10% of the order
provided by the service provider. charges @ 10% of the order value
value

If the employee is found responsible Immediate replacement within 2 days/


for adopting illegal and foul methods cancellation of the contract with cancellation Cancellation of the contract with cancellation
6 or exercising any corrupt practice in charges @ 10%, as decided by the buyer charges @ 10% of the order value -
collusion with any third party or depending on the gravity of the act.
officials at the workplace Deductions
S.
Description
No.
1st Instance 2nd Instance
Rs. 200 per day per resource, hold on all type 3rd Instance
Delay in payments of take-home
Rs. 100 per day per resource, warning to of payments to Service Provider till the said Cancellation of the contract with
remuneration by the Service Provider
7 Service Provider to deposit the said amount amount is deposited to respective cancellation charges @ 10% of the order
and deposit of EPF and ESI (both
within 7 working days stakeholders and proof of same is submitted value
employee and employer share)
to Buyer

6 Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7 Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used

8.1 Cumulative Cost (Daily): -

“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3” + "oth" * "otr"
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)

"oth" = Estimated Number of Overtime Hours per Resource per Month

"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)

8.2 Total: -

“tcv” = (d * nd + "oth " * "otr") * (1.18 + sc / 100) * t * q


Where
“tcv” = Total Contract Value
“d” = Cumulative Cost (Daily) as calculated in 10.1 above
“sc” = Service Charge in %age, as quoted by service provider
“nd” = No. of working days in a month
“t” = Tenure for which service is required (In no. of months)
“q” = Quantity (No. of resources required by buyer)

Annexure - 1

1. The Minimum Wages Act, 1948


2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

ईपीबीजी ववरण | ePBG Detail

NA

नयम और शत|Terms and Conditions

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है।

Note: This is system generated file. No signature is required.

You might also like