, DRAFT AGREEMENT AGREEMENT BETWEEN THE UTTAR GUJARAT _VIJ_ COMPANY LIMITED AND E-GRAMPANCHAYAT FOR COLLECTION OF ELECTRICITY BILLS CF UGVCL. This Agreement is made at Mehsana on the between the Uttar Gujarat Vij Co. Limited, having its Registered & Corporate Office at Visnagar Road, Mehsana 384001 represented by Executive Engineer, Division under ______ Circle (hereinafter referred to as “UGVCL” which expression shall unless excluded by or repugnant to the context include its successors/permitted assigns or permitted substitutes) on the one part ANDE-Grampanchayats of — _____ villages (hereinafter referred to as E-GPs) represented by Talati__ Taluka on behalf of above Taluka E-Grampanchayats under UGVCL jurisdiction, Gujarat_on the second part, and Taluka Development Officer of ___ Taluka under which above E-GPs fall (hereinafter referred to as TDO) as an administrative authority of above Taluka & E-GPs, on the third part. WHEREAS the UGVCL is in the business of distribution of electricity and as a part of social obligation, it intends to entrust the work of collection of the amount of electric energy consumption bills issued by UGVCL from its consumers in the E Grampanchayat area as per Panchayat, Gram Gruh Nirman Ane Gram Vikas Vibhag, Tharao Kramak ITP-102006-2143-H dated 05.04.2007/as amended vide G.R No. dtd. IT_IS THEREFORE, NOW AGREED by & between the parties that the terms and conditions stipulated hereunder in this Agreement shall govern the assignment:- 1, The E-GPs will accept payment of the bills issued by UGVCL from the consumers in cash/cheque. In case of Cheques, E-Grampanchayat will ensure that they are properly crossed, made account payee and drawn in favour of the “UGVCL”. The E-GPs will accept only full amount of the bills and shall not accept any part payment from any consumer. The E-GPs shall accept separate cheque against each individual bill. No outstation cheques shall be accepted by E-GPs. 2. The E-GPs will accept the payment in respect of the current energy consumption bills only up to the last date mentioned in the bill. The E-GPs will not accept any other amount towards payments of old bills and / or any other dues of the consumers such as service connection charges, energy deposits, reconnection charges, etc., from the consumer. 3. The energy consumption bills collected in cash / cheque shall be remitted along with such schedules that may be prescribed by UGVCL to the designated office / Bank by E-GPs within 3 working days. However, the collection of such E-Grampanchayat offices not located at the Head Quarter of UGVCL's Sub-Division shall be remitted by their respective E-10. 1. Grampanchayat office in the bank designated by UGVCL for acceptance of such remittances. In such cases, E-Grampanchayats will send a copy of daily collection schedule to the concerned Sub Division directly. E-GPs shall pay to UGVCL interest at prevailing cash credit interest rate charged by the lead bank in case of any delay beyond 3 working days from the prescribed payment date in depositing the amount collected by them in the Bank. Such interest shall be deducted from the monthly commission payable to E-GPs. E-Gram Panchayat will take fidelity Insurance Policy covering money in safe / transit / on hand for theft, robbery, etc. of minimum amount of Rs.10 lacs and for E-Gram panchayat covered under backward taluka area the fidelity insurance amount will be Rs.5 lacs. E-GPs shall raise monthly bill to UGVCL for commission charges at the rate of Rs. 5/- per bi-monthly bill and at Rs. 2.50 per monthly bill alongwith reimbursement claim for revenue stamps utilized during the month. Periodical reconciliation of accounts between E-GPs and related Sub- Division of UGVCL shall be carried out on monthly basis. The UGVCL shall have the right to collect amount of electricity bills of the consumers of the areas covered in this agreement through UGVCL’s staff and/or other agents side by side with the collection arrangement with E- GPs. However, UGVCL will disseminate the information about this arrangement of collecting bills through E-GPs to their consumers in the same manner in which they give intimation about other Collecting agents. The work hereby entrusted to as well as the rights and tiabilities thereof shall not be assigned or transferred by E-GPs to any other person, firm / organization at any time without the prior written permission of the General Manager (F&A) of UGVCL Corporate Office. Any discrepancies regarding bill collection work shall be settled with the concerned Division Office or Circle Office of UGVCL by the concerned E- GPs. Any disputes/differences relating to interpretation, implementation or itinn af the agreement shall be referred to a Joint Committee128 13. 14, 15 16. 17. A comprising General Manager (F&A) / CFM of UGYCL and DDO of respective region of the E-GPs whose decision in the matter shall be final and binding on both the parties. In case of any difference between the two, the aggrieved party shall have the right to approach the Court of Law. The Courts at respective district of Grampanchayat only shall have exclusive jurisdiction to adjudicate disputes arising out of or in relation to this Agreement. This Agreement shall be for a period of three years from the date hereof and can be further extended on the terms and conditions to be mutually agreed upon by & between the parties at the time of such extension. UGVCL can terminate this Agreement by giving 1 (one) month's advance notice in writing to the Taluka Development Officer, DDO & Development Commissioner without assigning any reasons thereof, Notwithstanding any other rights and remedies provided elsewhere in the agreement, on termination of this agreement: (a) Either party shall settle all outstanding dues of the other party, arrange to return ali the documents and properties of the other party within one month of termination. (b) The expiration or termination of the agreement for any reason whatsoever shall not affect any obligation of either party having accrued under the Agreement prior to the expiration or termination of the Agreement and such expiration or termination shall be without prejudice to any liabilities of either party to the other party existing at the date of expiration or termination of the Agreement. In case of failure of either party to enforce at any time any of the provision of this agreement, the right of such party thereafter to enforce each and every provision, after such failure shall not be considered as waived. Legal compliances and Protection of Interest: () Either party shall be required to comply with all the statutory and legal requirements, relating to the transactions and protect the interest of the other party in all matters.19. 20. 21. = (ii) The E-GPs shall always keep UGVCL indemnified and harmless for all actions, losses, costs, charges, proceedings etc. which UGVCL might suffer due to any act or forbearance on the part of the E-GPs in contravention of any laws, rules, guidelines or any other acts or deeds of the E-GPs in respect of the services provided by the E-GPs under this agreement. (iii) UGVCL shall always keep the E-GPs indemnified and harmless for all actions, losses, costs, charges, proceedings etc. which the E-GPs might suffer due to any act or forbearance on the part of UGVCL in contravention of any laws, rules, guidelines or any other acts or deeds of UGVCL in respect of anything done by UGVCL under this agreement. If any provision of this agreement shall be found by any Government or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or un-enforceability of such provision shall not affect the other provisions of this agreement and all provisions not affected by such invalidity or un-enforceability shall remain in full force and effect. The parties hereby agree to economic, legal and commercial objectives of the invalid or unenforceable provision. The E-GPs shall not divulge any information relating to the consumer details of the UGVCL to any outsider. Upon termination of the agreement all business documentation or information shall be immediately returned by the E-GPs to UGVCL. Second copy of money receipt shall be returned to S/Dn. along with Proforma ‘C’ and original Bank slip for amount/cheque deposited. Any notice or other communication required or permitted to be given between the parties under agreement shall be given in writing, signed by an authorized representative of the sender, in English/Gujarati language, sent in person or by mail, telex, telefax, telegram or cable at the following address or such other address as may be intimated from time to time:an (a) To: The UGVCL The GENERAL MANAGER (F&A), UTTAR GUJARAT VIJ CO. LIMITED REGISTERED & CORPORATE OFFICE VISNAGAR ROAD, MEHSANA - 384001 (b) To: TDO E-Grampanchayat Gujarat (c) DDO (d) DC 22. For all purposes, Taluka Development Officer will be guarantor for the E- GPs for all the acts and deeds by E-GPs under this Agreement including default. in making payment, the bill collection or any other type of misappropriation of money of UGVCL and in case of failure of E-GPs to deposit the amount of energy bills collection in the designated non- operative collection Bank account of UGVCL, the concerned DDO shall deduct the equivalent amount from the grant payable to Taluka Panchayat by GoG and pay the same to UGVCL for such E-GPs. IN WITNESS THEREOF, the parties hereto have executed and delivered this ‘Agreement on the day, month and year first hereinabove mentioned. FOR & BEHALF OF GOVERNOR, GOVERNMENT OF GUJARAT, Taluka Development Officer, Taluka Development Officer Signed and delivered by the within named E-Grampanchayat Of its Authorized Signatory. Talati In the presence of Witnesses: (Signature with Names, Designations & Address). 1) 2) 6FOR & BEHALF OF UTTAR GUJARAT VIJ CO. LIMITED. Signed and delivered by the within named Uttar Gujarat Vij Co.Ltd. by the hands of its Authorized Signatory. Signature Name & Designation Executive Engineer, of seal UGVCL, Division. In the presence of Witnesses: (Signature with Names, Designations & Address) 1) 2)