LOA M J Solanki ADI Territory
LOA M J Solanki ADI Territory
LOA M J Solanki ADI Territory
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Letter of Acceptance
Ganesh Meridiarr S G
Highway, lssued By Operating Unit RailTcl-Westem Region (OU)
Sola Bridge
Ahmedabad,Ahmedabad.
GuJarat,
180060
Website lssuing Date
Contact Person M J Solanki Global Order. Not Applicable
Tender Type and Opening
Phone No. Date
Email Id Tender No.
Fax No Bid No.
AAQFM2633M Buyers Details with MT. RABINDRA NATH DUTTA , HRD
PAN No. DeDartment
wcT CST No.
VAT Validity From : 0l-NOV- l7 Validit] To: I l-OCT- l9
redabad Territory mostly covered in Gujarat and Madhya Pradesh.All the Terms AND Conditions mentioDed in
LOA are binding contracts between RailTel corporatron of India Ltd. and M/s M J solanki These terms and
itions are binding on M/s M J Solanki at all times during the period of Contract includlng extension penod if any.
L0 SCOpE OF WORKServices in respect of the following categones ofiobs/positions should be ensured by deploying
itable manpower under the slrpervision of M/s M J Solanki:
persoral Asslstant/Oflice Executive: (Job description) Secretarial services, shorthand and outdoor/liaison. report
eneratinu aDd maiDtcnance. file document / Record mal1agement and maintenance, maintenance of stalionery and
activltles as and when directed.
l. craduate Engineer/Diploma Engineer/Technicians: (Job description) IT related jobs. oFc Network oANDM,
,roiectsandServicedeliverr,relatedactivities,NetworkManage@
I Arranging for qualified candidates preferably from local areas for lnterview/screening as and when required by
RailTel in atove categorics lndenr olcandidates with job profile. educational qualificatlon and experience will be
to the ageDcy as and \\'hen required
loiring of the candidates-
Issue of Off'er letter/JoiDing lettcr well in timc before
.lssue of ID car.d, ESIC card (where applicable).lnsurarce Card (ifappl:cable), generating UAN No well in time of
ll the existillg as well as new Joinees-
- Payment oimonthly Salary by last working day ofevery month based on Attendance Sheets sent by RallTel office
. Payment ofReimbursement (TA/DA etc) by lOth ofevery month based on Employees? TA/DA bllls as selrt by
ilTel duly venfied.
Issues like transfer/ withdrawal ofPF ofemployees etc should be dealt with or1 priority basis.
. All cornrnunications frorr RCIL felated to services should be dealt wrtll on urgent basts. For tlris pulpose M/s M J
lanki slrould nomiD^te a SPOC (Single point ofContact) and escalation matrrx
Exit process of the ernployees should be finalized expeditiously with pfovrslon of timely replacement M/sMJ
i should facilitate the rvithdrawal / transfcr olPF ofsuch employees leaving.
The existing resources who are already working with the present Agency will be transfened to M/s M J Solankl once
re LOA is rssued The PF/ESI in respect ofsuch resources need to be regularized by M/s M J Solanki. Ir will be
of the M/s M J Solanki that the PF subscriptions already recovered and deposited in PF account by the
previous Agencies are properly transferred and maintained. by obtaiuing prescribed Form from the erstwhile Agencies.
i0. All oth;r related services not mentioned above but fall within the provisions of Man power services
I l. As and when demands for new candtdatos are placed on M/s M J Solanki, the agency will have to direct minimum
I candidates for each post for therr tnterview / walk-in for the particular post
I2. When the candidate is found selected the details of the candidate includrng the CVs and copies of educatjonal
will be sent to the asencv so as to lnduct his name on the roll of the agency
13. Mh M J Solarki will issue thc olfer ofappointment letter to the candidate with certarn conditions as given in these
Once the candidate accepted the ofler. tlre agency will issue appointment letter to the candidate and direct /
him/her to work with lhrs organizatron.
14. The candidates engaged will be purely on outsource basis and they will be on the roll of M/s M J Solanki They wrll
ave no prescrtptive right over the Railtel and they can not be inducted on tlre roll ofRailtel l
. The piriod oiappointment will be for one year from the date the candidate was deputed and reported
to this
ization or tili iurther orders which ever is earlier This period can be extended as per suitability aDd requlrement of
CIL-
16. The relnuneration / salary payable to such outsource employees is decided by tlre Corporate Ofllce of lhis
)rganizarion fiom rimc to time wbich will be advised to thc agency- The corcerned agency will pay the salary as
Ciised by RailTel office. Salaries are ro be disbursed strictly as per the details furnished by this office and no addition
deletioo to be made to this salary structure. Each of the outsource employee should be provided with pay slip on email
rfthe employee irnrnediately alier.elcase of salary-
17. Attendance ofthe ernployees will be senr to M/s M J Solanki by 2lst day ofevery month and the agency will
salary to these outsource employees on the Iast working day of the month. The control and supervision ol the
id employees rest witlt the agency only. Outsource Agency will provide the Attendance Format with name and
;s ofAgeniy prrnted on it, for use as Attendance sheet by the deputed outsource employees. Slmrlarly format of
appLications may also be provided mentioning the name ard address of M/s M I Solankr'
18. M/s M J Solanki will have to anange salaries to their deputed employees through ECS / RTGS drrectly to their
-espective bank accounts on the last working day ofeach month
l9 After djsbursernerlr ofsalaries the agercywill selld the Involce to RailTel together with the pay details of staff
includins the service charqes and GST ctc in Excel slleet along with PF challan and ESI contribuiion challan ot the
ious montll fof the records ofrhis olfice lnvoices should be prepared State wise with RailTel CSI No rrdlcated
respecnve ll'lvotces-
In additioD to monthly salarres, the other kind ofpayments such as reimbursement ofTA/DA, contingency, cash
arrears, bonus etc are also payable to the Outsoulc(] employees However, no Servlce charge ls paylble On such
It but only service lax will be paid. The details ofsuch payments will be intimated by RailTel to the Agency
tlme to tlme,
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Order No. i 500r610901
1. TDS wlll be recovered from the Involce of the Agency as admissible OR based on the certificate provided by the
gency for low TDS deductlon. TDS certificate wil.l be issued as per lncome tax rules.
No experience / servlce certificates wrll beiss edto the employees on leaving the1obby RailTel directly.M/sMJ
lanki will issue such Ietters but only after obtar11ing NOC from RailTel_
. RailTel wlll lot undertake any responsibility towards any kind of Ioans availed / sanctioned to the outsource
so deputed
. Compliance of Labour Laws / Workrnens? Compeosation Act, EpF, ESIC and any such type of Statutory
)visions applied to such services would be the responsibility of M/s M J Solanki and the agency shall provide a
ofcompliance thereof to the RailTel
5. Working Hours i The maximum working hours for outsource staff will be 48 hours in a week and 8 hours a day
or the administrative offices, the workrng hours will be from 9.30 hrs to l8 hrs with ? hr lunch break and in other units
the slrift duties are performed the working hours are 48 hours jn a week and 8 hours in a day.
Holidays : The RaiJTel office will remain closed on 3 nahonal holidays and on other public holiday as nohfied
Jry year Employees wolking on hohdays will be paid @ Rs_210/- per holiday as compensation. However. for
on Sundays they will be allowed compensatory rest
7. Leave : The outsource employees will be entitled for I day leave for each completed month ofservice.
All category ofemployees worki0g on outsoufce basis are entitled for bus fare only as local conveyance For
otr duties thev will bc allorved DA ofRs 210/- per day. Train fare entitlernent for them is Sleeper class- Hotel
chalges payable as applicdble to diff'erent class olcities as iaid down by CO/RailTel from hme to time (present
for X, Y and Z class cities is Rs.1200. Rs- 1000 and Rs 800 respectively). These entitlements can be revised by CO
RailTel Corporation fron'l time to time
' ln case performance of aDy outsource staff is not found to be satisfactory or the integnty being doubtful the services
such employee will be teflninated immediately by the Agency on advise of RailTel.He will be sent back ro rhe
for replacement.RailTel may also suitablyreward a good perfomer based on performance.
Agency must ensure that their deputed outsource employees should give atleast one month notice of resignatton
ng which one month?s salarl should be refunded to RailTel in lieu ofNotice per.tod. Otherwise their relieving letter
experiencc certificate should not be issued by the Agency
I The contributions torvards the PF/ESI including the employer'ls contributions shall be remitted to the concemed
oD monthly basis. lt wrll be r€sponslbiltty of M/s M J Solanki to facilitate the qeneration ofUAN No ofnew
ployees or transfer of P!' of existing UAN No. holder. ESI cards to the emDloyees shall be issued on Drioritv basis. If
employee leavej thejob for an) rea.on. ir will be the responsibility ol'the ngincy to anange rhe refund rransfer of
amount of the concented employee
2 The exishng outsource employees who have been deputed to work rn RailTel by the present Agencies, will be
to M/s M J Solanki once the LOA is issued M/s M J Solanki should also ensure that rhe pF / ESI
ofsuch existrng enlployecs aLeady r'ecovered by earlier Agencies, are properly transferred and
M/s M Solanki will take out and keep in force a Group Insurance Po)icy of I Lac rnsurance cover in favour of
J
roll alld deputed to RailTel Corporation under this LOA. This details may be furnished to RCIL
resoutce oD his
mmediately afler taking oLrt ofthc policy, and also to be communicated to each outsource employees deputed to RCIL,
. M/s M J Solankr will have to submtt a compliance certificate along with monthly lnvoice stating that All terms and
mentioned rn the l,OA have since been complled with i e. issue of ESIC / ldeDtity Card / remittance of pF
for the previous month in respect ofall employees on our roll who have been deputed to RailTel
duriDg the morth of PF and fSlC Challans offrevious monlh are allached ?
O VOLUME OF WORK
list ofemployees pertaining to Ahmedabad Territory and 10 be transfened to M/s M J Solankis pay roll is attached
AniexurelTheNoofpostscanbeincreasedordecreasedatanypointoftimeduringtheco[tractpedod.
Period:The contract agreernent wtth the M/s M J Solanki for delivery ofihe services through deployed
shall be for Two years w-e.f 0l . I L20l7 wlrich rnay be extended on yearly basis rf mutually agreed to.
emoluments to be paid to deployed resources by tlre M/s M J Solanki are frxed by RailTel rtself. The emoluments
fixed are always kept above the Minimum wages prescribed by the respective State Govemments.
Deposit:You have to submit a DD or Performance Bank Guarantee of 5% ofAnnual Contract value i.e.
9,10,000/- towards Security Deposit wrthin one month from the date of LOA,valid for 28 months from rhe dare of
OA ln case ofsubmission ofPBG, the validrty ofthe same should be extended with the extension ofthe contract. if
.This SD arnount rvill be refunded aftet complehon ofthe Contract, including Extensions ifany, minus any dues, if
. SD can be submitted by DD also in place of PBG.PBG, if submitred, should be valid for 28 months from the date
LOA.PBC lormar rs alraclreJ as Annexure 2.
0 SERVICE CHARGE PAYABLE :The Handlrrg/Service charges will be 5% (includrng all charges but e\cluding
Tax) of the remuneration (monthly gross Sal to the each month
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Order No. : s0016 r 090 r
tlris tlrere will be no scrvice charge payable on any otlref payment like TA/DA. Bonus, Annual Benefits etc.
0 FORCE MAJEUREFoT the purposes ol this Contract, ?Forcc majeure? means any unforeseen event directly
with tlre services during the currency of the contract such as war, insurrection, restraint imposed by the
act of legislature ol other authority, explosion, accident, strike, riot, lockout, act ofpublic enemy, act of
sabotage which is beyond the reasonable control ofa party and which makes a Party?s performance ofits
uDder the Co!rtract imposslble or so irnpractical as to be considered impossible under the circumstances.
oblrgations of RarlTel and the M/s M J Solaiki shall remain susiended if and to dre extent that they are unable to
out such obligations owing to force majeure or reasons beyond their control.
failure of a party (RailTel or the M/s M J Solanki) to fulfill any of its obligations under the contract shall not be
to be a breach of. or defhult under. this Contract insofar as such rnability anses from an event of Force
provlded that the Pa y affecred by such aD event:-
a) Has taken all reasonable Drecautions. due care and reasonable altefnative measures in order to carrv out the terms
conditions of tl'rs Contract, and
.) Has i formed the other lal't] as soon as possible about the occurrencc of such an event and such impossiblhty
for not less than 60 days
period within which a party shall, pursuant to this contract, complete any action or task, shall be extended for a
iod equal to the time duling whrch such Pany was urrable to perform such action as a result of Force Majeure M/s M
Solanki is entitled to thc paymcnts for tlrc portion of thc work already completed before the happening of any evedt
Force Maieure culminatrDs rn termination ofcontract. Decision ofRarlTel in this reeard will be final.
0 INDEMNITYBy accepting this LOA. M/s M J Solanki hereby agrees to keep indemnified and shall keep
and hold hannless, RailTel aDd its Directors. officers and employees from and against alland any claims,
etc-
M/s M J Solanki on its part aDd through its own resources shall ensure thal the goods,materials ard equrpments
are not damagod jn tlre process ofcarrying out the servrces unde aken by its employees and shall be responsible
br acts of commrssion ald onrission on the oart of its staffand its emplovees etc Ifthis office suffers anv loss or
on account of regligence, default or theft on the part of the employees/agents of the M/s M J Solankt, then the
M J Solanki shall be liable to reimburse this office for the same. The M/s M J Solanki shall keeo this office fullv
against any such loss or damage For any accident/ casualty occurred dunng the course ofworkrng to any
eDgaged by the M/s M J Solanki, tlre responsibility will remain with the M/s M J Solanki. For any accrdent or
occurred during thc course ofworkiDg to any staffdeployed by the M/s M J Solanki, the iiability that will arise
ol tlre accident/incidcnt rvill bc bolnc by thc M/s M .l Solanki and this office will in no way be responsible for it or
othef clause mentioned above
.0 Modification:
award of the minor chanses in the modus of imDlementation caD be IN
Pagc 5 01 7
Order No. : 50016 r0901
0 Sublettilg:
M/s M J Solanki shall not sublet, transfer or assign the contract or any part thereof to other party. In the event of
M/s M J Solanki contravening this condition, RailTel shall be enritled to termirlate the contract and get the work
through other party at the risk AND cost of the M/s M J Solanki. ln such case the securitv deDosit of tlre selected
s M I Solankr, will be forfeited.
IO,O TERMINATION
l) By Colporatron (RailTcl)
el may terminate the contract. by giving 7 (seven) days written notice of tennination to the M/s M J Solanki. to be
iven after the occunence of any of the events spccitied below in clauses (a) through (c), and sixty( 60) days in the case
I the event refefied to in clause fd).
a) If the M/s M J Solankt commits breach of any condition of the contlact or do not remedy/rectify a failure in the
oi their obligatlons under the colrtraci_
) If the M/s M J Solanki becones insolvent and bankr.upt
c) If as the result of Force Majure. the M/s M J Solanki js unable to perform a material portion of the Serviccs for a
not less than sixty (60) days, or
d) IfRarltel. in its sole discretion. decldes to tel]ninate rhis Contract_
e) If the M/s M J Solanki or its employees/agents indulges in any malpractice relating to providing the outsoutcing of
he servlces.
the event of termination on unsatisfactory sewice or in violation of any of the terms AND conditions of contract,
(Eamest Money Deposrt) AND PBG/Securiry Deposit shall srand forfeired in addirion to banning of M/s M J
ii for a period of2 yeaN This wrll be in addition to any othef action that RailTel may deem fit in the facts and
of the case.
) By M/s M J Solanki
M/s M J Solanki may terminate this Cortract, by giving not less than thirty (30) days wrirten notice ro RailTel if it
to pay any undisputed amount due to the M/s M J Solanki under the Contract, provided that if RatlTel pays such
within notrce period such termination noticc shall become infructuous
11.0 PAYMENT UPON TERMINATION : RailTel at rts sole discretion may decide AND pay remunerarion for
satisfactorily perfonned prior to dre effective date of telmiiation provided suclr termination ls not on account
any breach of contracr by M., V J Solalki
13.0 Statutory Compliances AND Labour Laws:Compliance oflabour Iaws, Payment of Minimum Wages Act,
orkmens ComPensation Act. EPF/ESI provisions and aly such statutory provrsions viz-a viz the employee would be
responsibility of the M/s M J Solanki/contractor and the Contractor shall submit a certificate of the compliance
to RailTel. The invoice for a particular month must be accompanied by the documentary prooftowards the
for the previous month.
14.0 THE M/S M J Solarlki NOT TO BENEFIT FROM COMMTSSTONS.DISCOUNTS.RECRUITMENT FEE ETC.
M/s M J Solanki shall rot accept for their own benefit any trade commission, discount, or similar payment or any
benefits in connection with the aclivities under the Contract. and the M/s M J Solanki shall use therr best efforts
o ensure that their deployed personnel?s or agents loo shall not receive any such payment/benefit.
the M/s M J Solanki nor tlreif deployed personnel shall engage, eitlrer direcrly or lndirectly, in any such
ivities whiclr conflicts tvitlr theiI role under the asslgnment
transactions between thc M/s M J Solanki and third partres shall be carried out as between two princrpals without
in any event to RailTel. The M/s M J Solanki shall also undertake to make the thtrd parties fully aware ofthe
aforesaid.M/s M J Solanki shallbe liable to pay damages to RailTel for any losses, costs and expenses
ding litigation expenses rncurred by RailTel due to breach of any of the terms and conditions of this contract and
to perfbrm any of tlte obltgattons under the contract
M/s M J Solanki shall give detarled descriptions of the services to be performed, pedod for completion of various
diff'erent tasks, specific lasks, etc to be approved by RailTel.
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Order No.: 5001610901
proprietary material except to llreir lespective officers, directors, employers. agents, represenlatlves and
ial advisors on a need to know basis or as may be required by any law' rule' regulation or any.judicial
16 0 THE M/S M J Solanki SHALL OBTAIN RAILTEL?S PRIOR APPROVAL IN WRITING WHEREVER
RY
prepared by the M/s M .l Solanki and their deployed pelsonrlel are to be ihe property ofthe RarlTel All
charrs, specificarions. clesigns, reports. and other documents and software submitted by the M/s M J Solanki shall
and remain the property of RailTel, and the M/s M J Solanki shall, not Iater than upon terminatlon or
of the contract. deliver all such documents and software to RailTel, together wlth a detailed lnventory
. The M/s M J Solanki may retain a copy ofsuch documents and software provided the future use ofthese
if any, shall be subject to the prior written approval of RailTel
M/s M J Solanki shall have no clainr for additionalcosts arising out ofor incidental to any removal and/or
itutior ofpersonnel.
O SCOPE OF SERVICE:
performing the terms and conditlons of the Contract, the M/s M J Solanki shall at all times act as an Independent M/s
J Solanki. The contract does not in any way create a relationslrip ofprincipal and agent between RailTel and the M/s
J Solanki. The Mi s M J Solanki shall not act or attempt or represent rtself as an agent of RailTel. It is clearly
and accepted by both parlies that this Contract between the parties evidenced by it is on a Prrncipal to
basis and nothing herern contained shall be construed or understood as constituting either party hereto, the
or representative of the other, under any circumstances. The deployed personnel/employees of the M/s M J
laDki shall never. under any circumstances whatsoever, be entitled to clarm themselves to be the employees of
.0 ARBITRATION:ln the event ofany dispute arising amongst the Parties, the Parties agree to use their best efforts
attempt to resolve all disputes in prompt, equitable and good faith. In the eveDt of Parties are unable to do so, then
dispute shall be filrally resolved by arbitration. The arbitration shall be conducted in English language and the
ofthe arbitration shall be Gurgaon The arbitration shall be as per Arbitration and Conciliation Act
.0 JU RISDICTION:The Parties hereby irrevocable consent to the solejurisdiction ofthe Courts ofAhmedabad only
collneclion with inv acrion\ or oroceedrnss arisinq oul ofor ln relalion lo lhiS
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Seal of RailTel
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ANNEXURE.I
Sr.N
Name Designation Location Territory Gross Salary
o
s
30 MUTESH MTHORE Patroller Ratlam, MP Ahmedabad 1s779
51 Nikesh Ashok Shah Graduate Eng., NOFN Pahn, Gujarat Ahmedabad zto77
53 Juned Yasin Mohmd Mansuri Graduate Eng., NOFN Sabarkantha, Cuiarat Ahmedabad 21077
54 Yogesh Babu Bhadauriya Graduate E g., NOFN Sabarkantha, Gujarat Ahmedabad 21077
81 JITENDRA BHANUBHAI
Patroller Amreli,Guia|at Ahmedabad 9tt2
SANKALIYA
ir\"
ei PanlGi Mishra Graduate En& Uiiain, MP Ahmedabad 20518