Agreement
between a Company and Security Service Company for Providing Security Services
to the Company's Property
This
Agreement made at ......... on this ......... day of ....... 2000, between ABC
Co. Ltd., a company incorporated under the Companies Act, 1956 and having its
registered office at ................ (hereinafter referred to as "the
Employer", which expression shall unless repugnant to the context or
meaning thereof be deemed to mean and include its successors and assigns) of
the ONE PART and XYZ Security Guards (P) Ltd., a company incorporated under the
Companies Act, 1956 and having its registered office at ..........
(hereinafter referred to as "the Company" which expression shall
unless it be repugnant to the context or meaning thereof be deemed to mean and
include its successors and assigns) of the Other Part.
Where
as the employer is having its factory at .......... hereinafter referred
to
as "the said factory" and it wants to employ security guards to
provide security services to the said factory.
and
Where as The company, who is experienced in providing security services to the
industrial units and other organisations has offered to provide security
services to the Employer at the said factory and the employer has agreed to
avail the said services being provided by the company.
Now this
Agreement Witnesseth as Follows:
The
company shall provide .......... security guards to keep ward and watch and
protection of the said factory as per the employer's requirement. The security
guards provided by the company will be for twenty-four hours in the shift of 8
hours and shall provide complete security arrangement and protection of the
said factory round the clock.
2. The
employer shall give the watchmen's hut constructed on the gate of the said
factory to the security guards and the said guards shall cheek all the vehicles
and personnel entering into and going out of the said factory as per the
instructions issued by the employer's representative from time to time and
shall maintain proper record of the vehicles and personnel coming and going out
of the factory.
3. The
company at its own expenses shall provide its security guards with necessary
uniform, arms, outfit, etc. required for the effective discharge of security
services to the employer.
4. The
company shall ensure that the security guards provided by it maintain perfect
discipline and behavior and they shall not in any manner cause any
interference, annoyance, nuisance to the management of the employer or its
business or work or its officers/ employees/other contractors.
5. The
company agrees and undertakes that the security services provided by the
security guards shall be to the entire satisfaction of the employer and the
company will make it clear to the security guards that the latter are employees
of the company and they shall have no claims against the employer and the
employer shall not be liable to wages, salary, compensation and any statutory
benefits due to the security guards under the labour law and other legislation
and the company shall be responsible for providing such amenities to its
employees admissible under the law/rules/service conditions.
6. The
company will indemnify the employer against any claim, loss, damage occurred,
or caused to the employer due to willful acts or omissions or carelessness or
negligence of the security guards employed by the company, while on duty.
7. The
employer shall pay a sum of Rs. ......... (Rupees............... only) per
security guard per month and a sum of Rs. ......... per security guard for
three national holidays for the services provided by the company on submission
of the bill by the company by 10th day of the following month. The employer
shall not make any payment to the security guards and payment will be made to
the company only.
8. The
company will obtain licence, if any, required under the local or central laws
for providing security services to the employer.
9. The
employer shall be entitled to supervise the services provided by the company
and if it finds that the conduct, behavior and performance of work of any of
its security guard is unsatisfactory, it may issue directions to the company to
immediately recall the particular person and substitute him by another and the
company shall comply with such directions issued by the employer forthwith.
10. This
agreement will be for a period of one year from the date of execution of these
presents. The employer shall, in the event of the company committing any breach
of any of the terms and conditions of this agreement or if the services
provided by the company is considered to be unsatisfactory by the employer or
for any other reason considered by the employer as sufficient, be entitled to
terminate this agreement by giving one month's notice in writing and the
company shall not be entitled to any compensation in case of such termination.
The company may also terminate this Agreement by giving one month's notice in
writing to the employer.
11. On
expiry or earlier determination of this agreement, the company and the security
guards shall vacate the factory premises, without in any way causing any damage
to the said premises and the factory's property therein.
12. In
case of any dispute or difference arising between the parties under this
agreement, the decision of ......... will be final and binding and the company
will not be entitled to lodge any claim against the decision of the said Shri
..........................
13. The
stamp duty on this agreement and duplicate thereof shall be borne by the
company. The original shall be retained by the employer and the company shall
retain the duplicate.
14. Unless
otherwise agreed upon, the respective addresses for communication in respect of
any matter relating to this agreement shall be as under:-
For
the Employer ...........................................................
For
the Company ............................................................
In
Witness Where of, the parties have caused their common seal to be affixed to
these presents and the duplicate, the day and year first hereinabove written.
The
common seal of ABC Co. Ltd., the within named employer is hereunto affixed
pursuant to the resolution of its Board of
Directors
passed at the meeting held on ..................
The
common seal of A B Security Guards (P) Ltd.,
the
within named company is hereunto affixed pursuant
to
the resolution of its Board of Directors passed at the
meeting
held on ........................
WITNESSES;
1.
2.
