AGREEMENT FOR RUNNING THE CANTEEN AT INDUSTRIAL TRAINING

INSTITUTE MAPUSA GOA

An agreement made this Second day of November, Two Thousand Five
between the Governor of Goa of the one part and Shri Darshan Kandolkar,
Khorlim, Mapusa Goa (Herein called as the Caterer which expression shall

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where the context so admits included his successors, heirs or assignees) of the
other part.
WHEREAS the GOVERNMENT of Goa, (herein after referred to as
Government) invited tenders by their Tender Notice No. SDCT/MPS/CTN/20052006 dated 28/07/2005 for catering contract for running a canteen at the
Industrial Training Institute, premises Mapusa Goa.
AND WHEREAS the Government is agreed to accept the tender of the
caterer both the parties hereby covenant and agree to the following terms and
conditions.
1. The agreement shall be in force for a period of one year from 2 nd November
2005, provided that the parties to the agreement shall be entitled to
terminate the agreement at any time by one months notice in writing by
either party to the other without assigning any reasons what-so-ever,
provided further agreement may, at the request of the caterer submitted at
least six months before its expiry be renewed and extended period of six
months by the Government on the same Terms and Conditions.
2. The premises where the canteen is to be installed is the absolute property
of the Government which is hereby granted to the Caterer to run the
canteen free of rent and free of charge towards the water and electricity
supply which are required exclusively for the running of the canteen.
3. The caterer shall keep the said premises clean and will not damage it or
allow anything to be done therein which may endanger the building or the
adjacent building by fire and will handover the same building in good
condition to the Government on termination of this agreement
4. The caterer shall be provided with kitchen utensils, tableware and
furniture. Any requirements of extra furniture and utensils shall meet by
the caterer.
5. The caterer shall use only vegetable fats and oils for cooking.
6. The caterer shall be provided with two kerosene pressure stoves and two
LPG Gas Cylinders. He shall make arrangement for the purchase of
kerosene and re-filling of the Gas Cylinders at his own cost. He shall be
permitted to use fire wood at his own cost, provided it is used outside the
building.
7. The caterer shall abide by the Municipal/Panchayat any laws relating to the
sale of food drinks etc., and shall obtain the necessary license from the
competent authority, if necessary.
8. The caterer shall observe the directions given by the canteen committee
consisting of the following Members.
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I)

Shri Marino A.J.S.M. DE Souza . .Principal ....................Chairman

II) Shri Manohar V. Parwar ..............Group Instructor ........Vice Chairman

III) Shri Deepak D. Dhaimode ...........Group Instructor ........Member
IV) Shri Digamber Karekar ...............Crafts Instructor ........Member
V) Shri Shrikant Madgaonkar ..........Craft Instructor ..........Member
VI) Mast Prithviraj V. Gawas..............Trainee(Fitter(Sr.)).......Member
VII) Mast Ali I. Khan ..........................Trainee (Electrician(Sr.)).. Member
The canteen Committee shall decide the items of menu. The caterer shall
supply wholesome food and the opinion of the Principal in this matter shall
be final.
9. The Caterer shall provide all the facilities to the Principal/Canteen
Committee for inspecting the kitchen provisions of the food items etc.,
served in the canteen. The caterer shall not serve alcoholic
drinks/Drugs/Guttkha/Cigarettes etc., in the canteen containing
intoxicating things.
10. At the time of commencement of the canteen, the caterer shall submit to
the Principal a list with full identification of the canteen staff to be required
for the proper carrying out of the agreement at his own expenses and such
canteen staff shall be persons of the experience. Such a procedure should
be followed by the caterer when there is any change in the approved list of
the staff. The staff Employed in the canteen should be healthy and neatly
and cleanly dressed. They should produce medical fitness certificates from
the Govt. recognized hospitals.
11. The said canteen shall be kept open from 7.30 a.m to 5.30 p.m. on all
working days of the week provided that the above timings may be changed
at any time with a mutual consent of the Principal and the caterer.
12. The said Caterer shall be responsible to the Principal, Industrial Training
Institute, Mapusa from time to time,
13. The caterer will supply Goan type vegetarian and non-vegetarian meal, tea,
snacks and refreshment. The food must be made to very so as not to have
the same dish more than a twice a week.
14. The caterer shall supply the items as per the Annexure I indicating the
rates against each of them to the staff/trainees And guest of the ITI
Mapusa.
The remaining items other than those mentioned in the Annexure I shall be
supplied as per the standard size, quantity and quality.
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15. Any items other than those which are not included in the Annexure I and
the Caterer intend to serve, should inform to the Canteen Committee and
also should take written permission in regard to serve and the price fixed
from the Principal I.T.I. Mapusa Goa.
16. The Prices to be charged by the caterer in the said canteen shall not exceed
those accepted by the Government at the time of accepting the tender,
which are shown in the Annexure I and such rates shall be displayed at the
Conspicuous place in the canteen, Government reserve the right to change
the rates accordingly with immediate effect.
17. The food, sweets etc., sold in the canteen shall be fresh, wholesome and of a
good quality of their respective kind and preserved hygienically with
adequate protection against the flies, cockroaches and other such pests.
They should be obtained from sources approved by the Principal ITI
Mapusa Goa, who shall have the right to stop the sale or destroy any
articles of eatable meant or exposed for sale in the said canteen which are
not considered of requisite standard or are unfit for human consumption.
The Authorized Government representative (The Health Officer) shall on
demand carry out the inspection. If on examination it is proved to the
satisfaction of the Principal, ITI Mapusa whose decision shall be final that
any article meant or proposed to be meant for sale provided, foodstuff or
services rendered by the caterer was defective, the caterer shall be required
to pay forthwith to the Government by cash (Through the Principal, ITI
Mapusa) a sum of not exceeding Rs.50/-(Rupees Fifty only) as liquidated
damage in respect of any type of article at a time on which defects is
proved. This will be irrespective of and without prejudice to the action that
may be taken under the health regularities and laws.
18. If the Caterer fails to supply the meals food or drinks according to the
Terms and Conditions agreement, the Principal ITI Mapusa Goa reserved
the right to acquire the food or drinks from outside and supply it to the
trainee/staff and guests and excess in the cost of expenses incurred
thereby will be recovered from the caterer.
19. The dealings of the Caterer with the customers (Staff/Trainees/Guests)
shall be very polite.
20. The general maintenance of the canteen premises shall be the responsibility
of the Government.
21. The Caterer will be responsible for the day to day cleanliness and
maintenance of the furniture, buildings and other equipments and will have
to pay for any damage or loss thereof. A list of all articles will be given to the
caterer and these articles shall be made available for inspections as and
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when required by the Canteen Committee and the Principal, ITI Mapusa.
Additional equipments required if any should be arranged by the caterer
himself with the prior permission.
22. The Caterer shall not exhibit in the said premises any printed or written
notice or advertisement of any kind whatsoever without the previous
approval of the Principal, ITI Mapusa except concerning his own trade.
23. The Government shall not be held responsible for any loss or damage
occurring to any goods, stores or articles intended for sale that may be kept
in the said premises.
24. The caterer shall not sublet of use any portion of the premises otherwise
that for the purpose of this agreement nor shall be made or permit to make
any structural additions or alteration to the same without the prior written
sanction of the Government.
25. The Caterer shall allow the representative of the P.W.D. and all other
officials duly Authorised by the Government to enter the premises in order
to inspect and execute any structural additional or repairs to the building,
electricity, water and sanitary installations or re-decorations which may be
found necessary from time to time. The time and date for this purpose will
be fixed by the Principal, ITI Mapusa with due regard to the convenience of
the caterer.
26. The caterer shall be responsible for all damages of losses to the Government
property within the Canteen premises and shall be liable to make good any
such loss or damages excepting to those (as to which the decision of the
Principal, ITI Mapusa Goa shall be final) due to reasonable use and as such
are caused by storm, natural calamity or irresistible force and shall in
particular on demand pay for all glass panes broken of the doors and
window and fittings of the said premises which are not due to wear and
tear.
27. The caterer shall while the Agreement is in force keep a complaint book in
a conspicuous place in the said building in which the complaint may be
recorded and which shall be opened for inspection by the Principal, ITI
Mapusa Goa
28. In the event of the Principal, ITI Mapusa Goa being satisfied that the
caterer has committed a breach of any of the terms and conditions herein
contained and on his part, to duly observed and performed (other than
those mentioned in clause 14) the caterer may be required by the said
Principal, ITI Mapusa to pay forthwith to the Government in cash (In the
State Bank of India ) a sum not exceeding Rs. 100/- (Rupees Hundred only)
as liquidated damages each time the condition or conditions in any one
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clause are violated and for each day the violation continued and the caterer
shall pay the amount. He shall have the right to appeal to the Principal ITI
Mapusa Goa for remission or reduction of this penalty within one week of
the date on which the orders for payments were issued to him.
29. Subject as herein otherwise provided all notice to be given on behalf of the
Government and all given or taken on behalf of the Caterer shall be routed
through the Principal, ITI Mapusa Goa.
30. Within three days of the signing of the agreement, the caterer shall deposit
with the Government a sum of Rs. 10,000/- (Rupees Ten Thousand only) as
security deposit for the due performance of the term and condition of the
agreement. The amount shall be deposited with the State Bank of
India/Nationalised Bank and a copy of the challan in original should be
deposited with the Principal ITI Mapusa Goa within 24 hours after security
deposit is effected. In the event of breach of any of the terms and condition
of the agreement and such other things which will be obligatory on his part
to be observed and performed by the caterer, the Government shall be at
liberty to terminate the agreement forthwith and shall be entitled to forfeit
the security deposit or any such part thereof without prejudice of their
rights and remedies and the decision of the Government shall be final.
The Caterer will have to pay Rs. 200/- (Rupees Two Hundred only) towards
maintenance of the Canteen per month.
31. On expiry or earlier termination of this agreement the Government shall
refund security deposit or such part thereof which has not been
appropriated by the Government to the caterer without interest.
32. On expiry or earlier termination of this agreement, the said building shall
be vacated peacefully by the caterer within one week from the date of such
termination.
33. The canteen premises shall not be used for residential purpose.
34. Within ten days from the signing of the agreement, the Government shall
give and the caterer shall take possession of the canteen and commerce the
serving the food during the hours specified in clause 11.
35. The caterer shall undertake to register the contract as required by the
Registration Act and also meet the entire expenditure thereon.
36. In the event of any question, dispute or differences arising under or out or
in connection with conditions herein contained or touching or concerning
the meaning of operation or effect thereof any matter contained therein or
as the right duties, liabilities of the authorities thereof respectively or
otherwise however in connection with this agreement, the same shall be
referred to the sole Arbitrator of the person to be appointed by the
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Government of Goa. There will be no objection to any such appointment

that a person appointed is a Government servant, that he has to deal with
the matters to which this agreement related or that in course of his
duties as such Government servants he has expressed his views on all or
any of the matters in dispute or difference. The award of the arbitrator so
appointed shall be final. It is the term of the agreement that in the event of
such Arbitrator to whom the matter is originally referred being transferred
or vacating his office his successor in office shall be deemed to be the
Arbitrator for the purpose of this clause. Such person will be entitled to
proceed with the reference from the date of which was left by his
predecessor. The Arbitrator with concern of the parties extends the date
from time to time for making the award.
37. In view of the foregoing, I Shri Marino A.J.S.M.DE Souza , Principal, ITI
Mapusa on behalf of the Governor of Goa, and Shri Darshan Kandolkar,
Contractor, for catering at Industrial Training Institute, Mapusa Goa have
set their hands on this agreement on date shown.

CONTRACTOR
Shri Darshan Kandolkar

(MARINO A.J.S.M. DE SOUZA)

PRINCIPAL

Witness :1. ____________________________________________

2. ____________________________________________
3. ____________________________________________

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