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Facilitator Seed Production Program for India

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SEED PRODUCTION THROUGH FACILITATOR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NATIONAL SEEDS CORPORATION LIMITED

(A Government of India Undertaking)

Regional Office……………………….

……………………………..

 

 

 

 

 

 

 

 

 

 

TERMS & CONDITIONS FOR ARRANGING PRODUCTION THROUGH FACILIATATOR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION – I

 

 

 TERMS AND CONDITIONS 

 

  1. 1.    Transfer and subletting: - The Seed Facilitatator/Cooperative Societies shall not sublet, transfer, assign or otherwise part with the contract to any person, firm or Company directly or indirectly or any part thereof without the previous written permission of the Corporation.

 

  1. 2.    Indemnity:- The facilitator shall at all times indemnify the Corporation against all claims which may be made in respect of the said items for infringement of any right protected by patent, registration of design or trade mark provided always that in the event of any claim in respect of an alleged breach of a patent registered design or trade mark being made against the Corporation, the Corporation shall notify to the tenderer of the same and the facilitator shall be bound, but at his own expenses, to conduct negotiations for settlement or prosecute any litigation that may arise there from. In the event of the Corporation becoming liable to any amount on any aforesaid account, the facilitator shall make good the amount so payable and the expenses incurred on that behalf.

 

  1. 3.    Signing of Agreement:-The facilitator shall within 10 days from the date of issue of Job Order submit the agreement on non-judicial stamp paper on Rs. 100/- with the Corporation.

 

  1. 4.    The seed production will be undertaken by growers and facilitator will ensure successful implementation of production programme.  Facilitator will make arrangement for registration of production programme with Certification Agency by collecting required documents, list of growers  selected in a cluster in a village.

 

  1. 5.    Facilitator will Collectcost for purchase of planting material from NSC, registration fees, inspection fees, sample testing charges for registration of production programme with Certification Agency in the name of NSC on behalf of seed growers.

 

  1. 6.    The production programme is quantityoriented.

 

  1. 7.    It is a responsibility of the facilitator to arrange the timely field inspections by SSCA/NSC representatives.

 

  1. 8.    The facilitator is responsible to ensure the delivery of  the targeted quantity of raw seed from the seed growers at NSC processing plant/designated plant or godown by NSC.

 

  1. 9.    The advance payment will be paid to seed growers at par with the NSC seed growers for 80%of delivered quantity of raw seed @ Rs..... fixedby NSC.

 

10. The final payment will be released to seed growers directly by NSC after meeting seed standards at par MSCS both in STL & QCL.

 

11. The procurement price and other charges if applicable i.e transportation /gunny bag charges will be at par with NSC other seed growers at finally procured quantity.

 

12. The service charges Rs. 40/- per qtls for cereals, Rs. 75/- per qtls for oilseed and pulses, and Rs. 150/- per qtls for Vegetable seed on graded and packed seed will be payable. The above mentioned service charges is payable for foundation and certified seeds.  The service tax applicable on the service charge will be borne by NSC.

 

13. The facilitatorcharges will be paid  for graded/ packed quantity  in two ways:-

 

(i)            100% service charges for procured quantity and passed in STL/ QCL.

(ii)          50% service charge for quantity recorded sub standard either in STL or QCL or not procured by NSC.

 

14. The facilitator will be responsible to maintain the seed quality at field level as well as raw seed.

 

15. Even if the seed meets the Certification standards, the Corporation reserves the right to reject the stocks if they are rain touched, lacking luster and on the grounds of admixture found at the time of intake.

 

16. The facilitator will submit service charges bill to NSC after completion ofprocurement of grading as per point no. ______ duly verified by area manager and plant in charge of production unit. The payment will be released through account payee cheque/ RTGS. 

 

The facilitator shall be required to furnish the competency details as enlisted below to enable the Corporation to judge the competency of the Organizer. Facilitator must be well versed with the seed production activities and the areaof  production  as well as must have persuasion skill.  The offer will be accepted or rejected on the basis of competency details.

 

 

 

 

  1. 17.       Force majeure

 

(a)  For purposes of this Clause, “Force Majeure” means an event beyond the control of the facilitator and not involving the facilitator fault or negligence and not foreseeable. Such events may include, but are not limited to, acts of the Corporation either in its sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

 

(b)  If a Force Majeure situation arises, the facilitator shall promptly notify the Corporation in writing of such conditions and the cause thereof within 48 (Forty Eight) hours. Unless otherwise directed by the Purchases in writing, the facilitator shall continue to perform its obligations under the Contract as far as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

 

  1. Settlement of disputes:All disputes in relation to the tender, the contract or the interpretation of any of their terms or implementation there-of or arising out of or concerned directly or indirectly with the contract/tender shall be referred to the Sole arbitrator to be appointed by the Chairman-cum-Managing Director of the Corporation/ purchaser and in the absence of CMD, the highest Executive Officer of the Corporation shall make such appointment. The venue of arbitration shall be at New Delhi. The court of law at the New Delhi/Delhi alone will have jurisdiction in the matter of any disputes whatsoever.

The arbitrator shall have powers to enlarge time for making & publishing the award with the consent of the parties. The parties will have no objection to the appointment of the arbitrator on the ground that the arbitrator had dealt with the matter of any earlier stage. 

            In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party to the arbitration of one of the arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Govt. Of India, In charge of the Bureau of Public Enterprises. The arbitration & Reconciliation Act 1996 shall not be applicable to the arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided however; any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal and Affairs, Ministry of Law and Justice, Govt. of India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary when so authorized by the Law Secretary whose decision shall bind the parties finally and conclusively. The parties to the disputes will share equally the cost of arbitration as intimated by the Arbitrator.

 

 

19. Corrupt Gifts & Payments of Commission:

Any bribe, commission, gift or advantages given promised or offered by or on behalf of the supplier, Tenderer, organizer his agents or representative or agent of the Corporation/or any person on his behalf in relation to the execution of this or any other contract with the Corporation shall in addition to the criminal liability under the Law enforce, subject the supplier to cancellation of this and other contracts with the Corporation and also to payment to any less resulting from any such cancellation to the extent as is provided in case of cancellation under “DEFAULT AND RISK PURCHASE’ and the Corporation shall be entitled to deduct the amount so payable from any money otherwise due to the supplier under this or any other contract or may recover the same by appropriate proceedings.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION-II

 

COMPETENCY FORM

 

 

 

 

Photo of facilitator

NATIONAL SEEDS CORPORATION LIMITED

(A GOVERNMENT OF INDIA UNDERTAKING

REGIONAL OFFICE……………

………………………..

 

 

 SEED PRODUCTION PROGRAMME

COMPETENCY DETAILS:

01)

Name of facilitator :

02)

Address  :

 i) Office/ residence  :

03)

Phone Nos:

i) Office/ residence :

04)

Name of responsible persons to handle the production:

 

Sr.No.

Name of Person

Contact  No.

 

1.

 

 

 

2.

 

 

 

3.

 

 

 

4.

 

 

 

5.

 

 

05)

PAN/ Aadhar card/ Voter ID  No.

07)

( i ) Name and Address of Bank:

( ii) Account Number :

 

8.   Since how long facilitator is dealing in seed production activity

i.  Number of Years : ___________________

            ii. Past Performance and experienced details  of last 3 years (All Crops put together).

9.   Proposed production for Kharif 2015 season.

Sr.

No.

Crop /

Variety

Area

Proposed

Hectares

Quantity

Planned

Qtls.

Expected Productivity

per Hectare

Location of production programme District/ Town

1

 

 

 

 

 

2

 

 

 

 

 

3

 

 

 

 

 

4

 

 

 

 

 

 

10.     List of Enclosures:  Tick  (√ ) Certificates enclosed.

1. Photo Copy of Pan/ Aadhar Card.

2. Experience in  seed production.

 

 

            Above information is true to my knowledge and belief.

 

Signature of facilitator :

Stamp :_________________

 Date: __________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION-III

 

 

 

 

AGREEMENT

 

            This agreement is made on this __________________between the National Seeds Corporation Ltd., A Govt. of India Company,(Regional Office………) incorporated under the Companies Act, 1956 and having its registered office at Beej Bhavan, Pusa Complex, New Delhi-12(hereinafter called “Corporation”) which expression shall unless excluded by or repugnant to the context, be deemed to include its successors and assigns) of the first party and M/s.__________________________________________________________________________(herein after called the “facilitator ” which expression shall include unless excluded by or repugnant to the context, be deemed to include its successors and assigns) of the second party.

 

            WHEREAS the “Corporation” with the intention of production of seed in Kharif’2015.

 

            AND WHEREAS the facilitator submitting their willingness upon consideration of the  terms& conditions.

 

            AND WHEREAS the Corporation and the facilitator have agreed to all the terms and conditions as contained in Section-I, which shall form part of this agreement.

 

SETTLEMENT OF DISPUTES

 

            All disputes or differences in relation to the tender, the contract or the interpretation of any of their terms or implementation there-of or arising out of or concerned directly or indirectly with the contract shall be referred to the arbitration or a single arbitrator to be appointed by the Chairman-Cum-Managing Director of the Corporation and in the absence of CMD, the highest Executive Officer of the Corporation shall make such appointment. The venue of arbitration shall be at New Delhi. The court of law at the New Delhi/Delhi alone will have jurisdiction in the matter of any disputes whatsoever.

 

            The arbitrator shall have powers to enlarge time for making & publishing the award with the consent of the parties. The parties will have no objection to the appointment of the arbitrator on the ground that such arbitrator had dealt with the matter of any earlier stage. If the claims involved in a dispute are of more than Rs.1/- lakh the arbitrator shall make a speaking award as per provisions of Arbitration Act, 1996.

 

            In case the supplier is a Public Sector Undertaking, the above clause shall not be applicable and in that event the following clause shall apply. In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party to the arbitration of one of the arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Govt. of India, Incharge of the Bureau of Public Enterprises. The arbitration Act 1996 shall not be applicable to the arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided however; any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal and Affairs, Ministry of Law and Justice, Govt. of India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary when so authorized by the Law Secretary whose decision shall bind the parties finally and conclusively. The parties to the disputes will share equally the cost of arbitration as intimated by the Arbitrator.

 

            No amendment or modifications in the terms of this agreement shall be considered valid unless it is in writing and duly signed by both the parties.

 

            IN WITNESS WHEREOF both the parties have here to subscribe their signature on the date and year herein above written through authorized representatives.

 

 

For and on behalf of the facilitator                    for and on behalf of the National Seeds Corporation Ltd,...............

 

 

Witness                                                                                 Witness

 

1.                                                                                             1.

2.                                                                                             2.

…….

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Please note that this is the opinion of the author and is Not Certified by ICAR or any of its authorised agents.