service provider for operation of cocos - iocl.com · contractor will be eligible to apply for the...
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Updated on 30th Dec 2013
Service Provider for Operation of COCOs
The following guidelines have been finalized for selection of Service Provider for operation of all COCOs:
1. Manpower and other services at COCOs will be provided by the selected Service Provider for day to day efficient operation. The selected Service Provider will have to register himself with EPF and ESIC within a specified period before commencement of contract.
2. Categories of Selection
2.1. Nomination from Director General for Resettlement (DGR) Director General for Resettlement (DGR) Headquarters will be approached
seeking nominations for eligible retired officials. The Service Provider will be selected after interview of such nominated officers.
2.2. Govt. Departments / Organisations / Bodies can also be considered
for appointment as Service Provider through bilateral agreement on nomination basis, with the approval of State Head.
In case IOC is in receipt of suitable response from such Govt. Departments / Organisations / Bodies, the same can be considered on merit without any reference to writing letter to DGR or Chief Secretary.
2.3. Others category :
In case no suitable candidate is available from 2.1 & 2.2 above, an advertisement will be released in the newspaper inviting applications for Service Provider. For this purpose, a brief advertisement will be released in two newspapers. The Service Provider will be selected from persons having enough experience in labour operations and handling number of personnel in this category.
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3. ELIGIBILITY CRITERIA :
a. (i) For Individual Indian National with Minimum Age 21 yrs
(ii) Partnership firms Each partner should satisfy requirement for individual.
(iii) Registered Co-Operative Societies, Limited Companies
Eligible to apply provided they are making net profit during preceding three financial years, as per audited Balance Sheet, prior to year of application.
(iv) Government Organizations/ Bodies, PSUs
No condition for Govt. organizations / Bodies / PSUs,
b. Nominees of DGR (under para 2.1)
The recommendations of concerned Department besides other eligibility conditions for individuals.
c. The applicants under a(i) and a(ii) & b should have a minimum educational qualification of Matriculation or recognized equivalent.
Note:
In respect applicants under partnership for selection of Service Provider, all partners should individually fulfill the eligibility criteria as specified at para 3.a (ii) above. However, each partner should submit separate application forms along with separate application fee and the applications should be clubbed together. If called for interview, all of them must appear for interview. They also have to submit a copy of the partnership deed.
4. DISQUALIFICATION :
4.1. Following will not be eligible to apply:
4.1.1. Any Individual (including “family” member as defined in para 4.2)
or non individual entity including firms (except Govt. Organisations / Bodies and PSUs) holding : RO / SKO / LPG dealership or LOI for RO / SKO / LPG dealership
of any Oil Company.
Contract of Service Provider for a COCO (by any Oil Company, by any name like Labour Contractor / Job Contractor etc). However, existing Service Provider / Job Contractor / Labour Contractor will be eligible to apply for the contract of the COCO – under contract with them.
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4.1.2. Companies registered under Companies Act, 1956, if holding any RO / SKO / LPG dealership (or LOI for such dealership) or such contract of Service Provider for a COCO (by any OMC, by any name like Labour Contractor / Job Contractor etc) by any of the following : The applicant Company itself Any of the Directors or his family members (family as defined in
para 4.2)
Holding Company or subsidiary Company Any other Company or firm where shareholders (put together) of the applicant Company have controlling stakes i.e. 51% or above
4.1.3. Organized bodies, Charitable Trusts registered with the Charity
Commissioner of the respective State Governments and Societies registered under Societies Registration Act, 1860, if holding dealership or LOI for RO / SKO / LPG distributorship or such contract for Service Provider for a COCO (by any OMC, by any name like Labour Contractor / Job Contractor etc) by the entity itself, any of the member of the governing body / managing body / any such other body or his family members (family as defined in para 4.2).
4.2. The definition of family unit :
In case of married person/applicant the “family unit” will consist of self, spouse and unmarried son(s) / unmarried daughter(s) and in case of unmarried person/ applicant the “family unit” will consist of self, father, mother, unmarried brother(s) and unmarried sister(s).”
4.3. The landlord (including “family” members as definded in para 4.2) of the
concerned COCO Retail Outlet site.
4.4. Person Convicted by a Court of Law for any criminal offence involving moral turpitude and / or economic offences (other than freedom struggle).
4.5. Signatories of dealership / distributorship agreements of any Oil Company
terminated on account of adulteration / malpractice / benami dealings etc.
5. NATURE OF CONTRACT :
To provide services for Fuel Dispensing and other related activities including day to day operation and maintenance.
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6. Selection Criteria :
6.1. The evaluation of applicants for Service Provider will be made on following parameters :
6.1.1. For DGR Nominees
Parameter Weightage
i Managerial Experience of working in specific sector 20
ii Financial capability 30
iii Rank 20
Iv Age 10
v Personality 20
Total 100
Minimum 50% marks will be required for eligibility and selection
6.1.2. For Others (thru advertisement)
Parameter Weightage
i Managerial Experience of working in specific sector 30
ii Financial capability 40
iii Age 10
iv Personality 20
Total 100
Minimum 50% marks will be required for eligibility and selection.
Ex-Defence ( Indian Army, Indian Airforce, and Indain Navy) personnel will be given an additional maximum weightage of 5 marks to be moderated in terms of rank held as given in para 6.2.6 below.
6.2. Guidelines for Evaluation :
6.2.1. Assessment of Managerial Experience of working in specific sectors – 20 marks
S. No.
Sector DGR nominee
Others(thru advertisement)
Maximum marks 20 30
(i) Petroleum 20 30
(ii) Automobile / Transport Services 15 22
(iii) Any sector other than above 10 15
For this purpose, atleast 2 years of managerial experience working in a
particular sector will entitle the candidate for full marks and proportionately for experience of less than 2 years.
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6.2.2. Financial Capability:
DGR nominee Others (thru advertisement)
Maximum marks 30 40
Minimum eligibility for qualifying
50% 50%
The requirement of funds for the purpose of evaluation will be indicated in the notice (in case of DGR) or advertisement inviting applications.
Evaluation under this head will be based on following assets:
6.2.2.1. Liquid assets :
Following will be considered :
Funds/ Deposits with Bank/Registered Companies/Postal Schemes/ saving accounts.
Shares of listed Companies in (@ 60% of market value on last working day of previous month of application). Copy of Dmat certificate indicating Value or for shares in Physical form Valuation certificates to be provided.
National Savings Certificates etc., (@ redemption value on date of application. Valuation certificates to be provided). In the absence of valuation certificate, the original face value will be considered.
Mutual Funds @ 60 % of NAV on last working day of previous month of application. Valuation certificates to be provided.
Bonds: Redemption value on date of application. Valuation certificates to be provided. In the absence of valuation certificate, the oiriginal face value will be considered.
In case adequate funds as per requirement of Indian Oil are available under this head, candidate will be entitled for full 30 marks (for DGR) and 40 marks (for others) or proportionately for lesser amount.
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Shortfall under this head “Liquid Assets” (available liquid assets Vs. requirement of funds indicated in the notice, in case of DGR, OR advertisement, as the case may be) can be met with fixed and moveable assets as per limits and conditions given in following paragraph.
6.2.2.2. Fixed & Moveable assets
Candidates not having sufficient liquid assets (as per
above para) can supplement the same with fixed and moveable assets, with a ceiling of max. 10 marks (out of total under head ‘Finance’ i.e. 30 for DGR & 40 for Others) – based on valuation certificate from Govt. authorities/ Govt. approved valuer.
(Fixed & Moveable assets will be evaluated @ 40 % of
asset value)
In respect of evaluation of financial capability of applicants in terms of fixed and movable assets for selection of Service Provider the following may be noted :
The valuer should be registered / empanelled by any
one of the following Government Agencies:
Central Govt. Departments and Bodies like Central Board of Direct Taxes (CBDT)/ Department of Income Tax, CPWD & other Govt. authorities
Public Sector Banks. Public Sector Undertakings. State Govt. Departments and Bodies like PWD,
PHED, Irrigation Departments. Local Self Govt. bodies (like Development
Authorities, Municipal Corporation etc.) Type of category under which valuer is covered
should be recorded / mentioned in valuation report. Evaluation will be done accordingly.
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6.2.2.3. Other Notes for evaluation under head “financial capability” :
Having full or more funds than required towards value of collateral/ security for the COCO will entitle the candidate for full marks and proportionately for lower funds in item 6.2.2.1 and 6.2.2.2 as above. Documentary evidence will have to be provided for each claim.
Finance / assets owned by the family unit of the applicant can be considered for award of marks subject to the written consent on notarized affidavit on appropriate stamp paper from the family member, along with supporting documents to establish the capability. For this purpose, in case of married person/ applicant the “family unit” consists of self, spouse and unmarried son(s) / unmarried daughter(s) and in case of unmarried person/ applicant the “family unit” consists of self, father, mother, unmarried brother(s) and unmarried sister(s).
Cash, jewellery and any other assets where ownership cannot be established and traced will not be considered for award of marks.
6.2.3. Age
DGR nominee Others (thru advertisement)
Maximum marks 10 10
Evaluation under this head will be made based on the documentary evidence (In case of Individual - Matric certificate or School leaving certificate or Passport or Pan card or Election Card issued by the Election Commission, In case of Non Individual – certificate of incorporation of the entity issued by the competent authority) in respect of age submitted by the candidate on following basis :
6.2.3.1. For Individual
On the basis of completed number of years as on date of application
Age Marks
> = 21 and < 30 years 5
> = 30 and < 45 years 10
> = 45 and < 60 years 5
> = 60 and < 65 years 3
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6.2.3.2. For Non individuals On the basis of completed number of years of existence as on date of application.
Age Marks
More than 5 years 10
More than 3 years but less than 5 years 5
Less than 3 years 0
6.2.4. Rank*
DGR nominee Others (thru advertisement)
Maximum marks 20 Not Applicable
The evaluation of DGR nominees will be as under :
Rank (of Army)* Marks
Colonel and above 20
Major and Lt. Col. 15
Below Major 10
*Equivalent ranks from Indian Airfoce/ Indian Navy would be considered.
6.2.5. Personality
DGR nominee Others (thru advertisement)
Maximum marks 20 20
Evaluation under this head will be made based on leading questions
during interview to assess the candidate’s knowledge/ skills on following parameters:
Sl. No.
Parameter Max. Marks
i.
Business environment (Labour Laws, ESIC, EPF, Shops & Establishment Act, Factories Act, Contract Labour (R&A) Act, Local Laws such as Trade / Municipal Laws, Safety and Environment and other statutory rules besides issues related to customer service etc.)
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ii. Work experience, communication skill, presentability, level of education etc.
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Award of marks under the head “personality” will also be applicable for Registered Coop. Societies, Govt. Bodies, PSUs, Limited Companies etc. Evaluation under this head will be made based on
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leading questions during interview to assess the knowledge / skills of such Organisation on the above parameters.
6.2.6 In respect of partnerships, the finance criteria will be evaluated as belonging to the “Partnership” as a whole even if it belongs to one of the partners. The parameters like age, educational qualification etc. will be evaluated individually in such cases. The maximum available marks under each parameter will be equally divided amongst the partners and then allotted to each individuals applicable to arrive at the final sum.
6.2.7 Additional marks to Ex-Defence personnel applying against
advertisement
Ex-Defence personnel, applying against advertisement and obtaining qualifying marks for selection (i.e. 50% each in Total and also under head Finance) will be awarded following additional marks over and above marks secured by them out of 100 marks
Rank (of Army)* Marks
Colonel and above 5
Major and Lt. Col. 3
All other officers (below Major) 2
*Equivalent ranks from Indian Airfoce/ Indian Navy would be considered.
The final empanelment will be made based on total marks obtained by each candidate (and not by percentage of marks).
7. SELECTION PROCEDURE :
7.1. Cases of Nomination from DGR
DGR Headquarter at Delhi will be approached seeking nomination for eligible retired officers. The nominated persons will be advised to submit filled in application form (Copy of application form along with relevant appendixes are attached as Annex -II). The eligible nominees will be called for interview by giving 15 days notice to attend interview along with application form and originals of other supporting documents.
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7.2. For Government Organizations/ Bodies, PSUs: In such cases, based on bilateral understanding / agreement, approval will be.
7.3. For other categories (thru advertisement):
The advertisement will be released in two newspapers giving 30 days time. Applicants will be required to submit application fee of Rs 1000/= .
A 15 days notice will be given to eligible candidates and they will be advised
to attend interview along with application form and originals of other supporting documents.
General for both DGR and Others category : On the basis of document based evaluation and interview, the Selection
Committee will prepare a panel of candidates / parties in order of merit. Competent authority will give approval for offering the contract to the no.1 candidate in the panel for appointment as Service Provider. If for any reason, no.1 candidate / party is not found suitable / willing, he will approve the next candidate / party in the merit panel to be offered the subject contract and so on.
7.4. Results of the Interview :
After completion of the interview, the results along with detailed marks
scored will be displayed on the notice board of the interviewing location. This list will contain the names of all the candidates who appeared for the interview along with details of marks scored by each candidate under various parameters. Out of the candidates securing minimum eligible marks, top three candidates will be empanelled and ranked as first, second and third with a suitable remark after column for total marks in the mark sheet. If none of the candidate scores minimum qualifying marks, the location will be declared as “No candidate found suitable”.
7.4.1. Empanelment in case of tie :
a) In case of tie, a candidate getting higher marks in following two
parameters, put together, will get preference over other/s.
S.N Parameter
1 Capability to provide finance
2 Age
Sub Total
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b) In case of tie on parameters given above, the applicant who is younger in age shall get preference over other/s.
c) The above will also apply for selection of DGR nominees.
8. SECURITY DEPOSIT / SECURITY FOR ASSETS OF THE COMPANY :
The Service Provider will have to offer collateral security, to the extent of value given in the advertisement by way of BG to the satisfaction of Corporation, before signing of agreement. The value of Bank Guarantee would be as under :
BG equivalent to 5 days estimated sales (MS and HSD for second year of
operation) or value of stocks for 80% of tankage at Retail Outlet, whichever is lower, subject to minimum of 3 days sales value.
In addition to the above, the value of BG shall cover the estimated monthly payment of wages.
Reimbursement of cost (BG servicing only) incurred in providing the BG will be reimbursed at actuals to the Service Provider, on producing necessary documentary evidence.
It will be the responsibility of Service Provider to collect and deposit the cash
proceeds in IOC’s designated local Bank account on day to day basis, as per instructions of Business Manager and produce proof of such deposits to Business Manager immediately thereafter. While RTGS transactions will be preferred, Bank Charges for purchasing pay order /DD shall be reimbursed to the Service Provider on actuals (upon production of receipt from the bank), if RTGS is not technically feasible.
In case, the second year projected volumes are achieved before the second year, specific recommendation would be put for taking additional BG by giving 15 days notice to Service Provider.
9. GRIEVANCE REDRESSAL:
9.1. An aggrieved person may send his/her complaint to the concerned Divisional Office within 15 days from the date of interview. No complaints against appointment of Service Provider will be entertained after 15 days from the date of the interview.
9.2. Pending disposal of complaints appointment of Service Provider shall be
kept in abeyance. Disposal of complaints shall be as per established complaint redressal system as specified herein below.
9.3. Anonymous /pseudonymous complaints and complaints having no specific
and verifiable allegation will not be investigated.
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All complaints received will be recorded and examined by a standing committee. Based on recommendations of this committee, the competent authority will take a decision to investigate or file the complaint.
9.4. When a decision is taken by the competent authority to investigate the
complaint, the investigation will be done by an Officer. The investigating officer shall give a due opportunity to the complainant and shall submit his report to the competent authority.
9.5. The investigation report shall be reviewed by the competent authority who will issue / give speaking orders, conveying the decision on the complaint.
9.6. Decision on the complaint will be taken as under:
9.6.1. Complaints not substantiated: The complaint will be filed and
the complainant will be advised accordingly.
9.6.2. Established complaint: Wherever injustice to the complainant or any favour to any other applicant is established resulting into the change in Panel rankings, action will be taken with regard to cancellation of the concerned selection, after the due process, as applicable and re-interview of all eligible candidates will be conducted.
9.6.3. Wherever it is established that the 1st empanelled candidate has
furnished wrong information / concealed vital information which could have impacted the selection, selection of such candidate should be cancelled and next empanelled candidate should be considered.
10. TERMINATION OF THE CONTRACT :
The contract can be terminated by Indian Oil by giving one month notice to the other party or upon severe breach of agreement without any notice as per conditions of the contract. The contract can also be terminated by the contractor with prior 90 days notice for such termination.
The contract will come to an end at the expiry of notice period or contract period automatically.
11. AGREEMENT:
The selected candidate will have to execute a standard agreement (Copy of agreement to be executed with Service Provider is attached as Annex –III) with Indian Oil and is required to abide by the terms and conditions thereof.
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The agreement with the Service Provider for the permanent COCO outlets will be for a period of three years.
The agreement with the Service Provider for the temporary COCO outlets will be initially for a period of one year with provision of extending the contract period further by one more year (i.e. two years maximum put together). However, extension of the contact would be subject to satisfactory performance of the Service Provider.
The Service Provider if after his appointment is issued an LOI for dealership or distributorship of any Oil Company, he shall have to resign from the contract of Service Provider by giving immediate (within 7 days) suitable notice to IOC for termination of contract within next 90 days. During the period of notice and working as Service Provider, Letter of Appointment (LOA) for dealership should not be accepted nor operation of dealership should be started.
12. GENERAL TERMS AND CONDITIONS FOR OPERATION OF COCOS BY
SERVICE PROVIDER:
12.1. The Service Provider will ensure observance of all given instructions from time to time with regard to Quantity and Quality Control, day to day operation, safety etc.
12.2. Maintenance of the Outlet and Equipment shall be responsibility of the
Corporation while Service Provider will be responsible for proper and safe upkeep, cleanliness and house-keeping of the outlet.
12.3. The Service Provider shall give an undertaking (Appendix – E) to the
effect that no claim on the dealership will be made in future, in view of having awarded this labour contract on adhoc / temporary basis for operation of the retail outlet. This arrangement shall not confer the Service Provider any right to claim permanent dealership or permanent Service Provider for the aforesaid retail outlet at any time nor for any other rights in respect of any other job contract.
12.4. The Service Provider shall execute an Agreement as stipulated by the
Corporation. He shall abide by, observe and fulfill all the obligations as imposed under the Service Provider agreement.
12.5. The Service Provider will be granted a mere leave and permission to enter
upon the site only for the purpose of supporting the business at the retail outlet in the name of the Corporation and for no other purpose.
12.6. The premises of the retail outlet shall be deemed to be in the possession
of the Corporation and one or more representatives of the Corporation shall always have the right to be in the premises of the outlet.
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13. MANPOWER REQUIREMENT/COMPENSATION & REMUNERATION:
The manpower for day to day operations will be provided by the Service Provider. The indicative deployment of manpower is as follows:
A. Mandatory Manpower: a. Manager One in General Shift.
b. Cashier One for two islands (Max.2 per shift) c. Pump Attendants One per D/U or 2 per MPD per shift d. Air Tower Boy One per shift in day shifts only e. Security One per shift f. House Keeping Boy One in General Shift B. Additional Manpower
a. Accountant One in General Shift (wherever the COCOs are selling more than 150 KL per month)
C. Additional for Xtra Care Outlets / High format Swagat ROs : a. Windscreen cleaning boy One per shift in day shifts only
The actual deployment of manpower can however be fine tuned by the DRSM / Officer In-charge of the COCO. 15% relief to be considered on the above number of manpower (Item No. A and C) to provide mandatory offs to Staff.
For the purpose of arriving at minimum wages, the operating staff will be categorized as follows:
S.No. Type of manpower Category
(i) Cashiers, Fore Court Managers Skilled Skilled
(ii) Driveway Pump Attendants Semi– Skilled
(iii) Air boys, Windscreen boys, House keeping boys
Unskilled
(iv) Security guards As per DGR rates
Reimbursement of wages for manpower:
As per existing provisions, reimbursement of wages for manpower to the Service Provider is allowed for actual manpower provided as per Minimum Wages as applicable in the respective State for different categories along with PF at applicable rates, gratuity, bonus, service tax and any other statutory payment duly certified by the Officer of the Corporation.
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Remuneration & Incentives : Fixed lumpsum amount per month : Rs.23000/- per month. Incentives :
Slab Volume (pm) Incentive Comments
1 Upto 100 kl NIL
2 Beyond 100 kl & 175 Rs.60/- per kl Rs.60 per kl on volume above 100 kl
3 Beyond 175 kl & 250 Rs.80/- per kl Rs.80 per kl on volume above 100 kl
4 Beyond 250 kl & 350 Rs.100/- per Rs100 per kl on volume above 100 kl
5 Beyond 350 kl & 450 Rs.120/- per Rs120 per kl on volume above 100 kl
6 Beyond 450 kl & 550 Rs.140/- per Rs140 per kl on volume above 100 kl
7 Beyond 550 kl Rs.150/- per Rs150 per kl on volume above 100 kl
Note: Sales would mean Nozzle sales from COCO during the period and not supplies
For DGR nominees (ex-Defence Officials) as Service Providers, an additional incentive of Rs.10/- per kl on total volume will be extended.
Reimbursement for handling charges for Auto LPG sales to Service Provider :
a) Payment to be reimbursed to Service Provider for actual manpower provided for handling Auto LPG as per requirement of IOCL, in addition to the manpower provided for handling MS & HSD, against the indicative deployment (indicative deployment for Auto LPG is two per Dual Hose DU per shift).
b) The Service Provider would be required to provide additional BG considering Auto LPG also in addition to MS & HSD as included in Service Provider Policy & the reimbursement for BG servicing charge would be made accordingly.
c) Auto LPG sales would be clubbed with MS & HSD sales for making Fixed Lumpsum payment for rendering service at COCO and slab wise variable incentives.
The above Provisions would be applicable at all such COCOs wherever Auto LPG is available.
All expenses for running the retail outlet would be borne by Indian Oil including Electricity; Water; Telephone; Stationery; Staff Uniform; etc.
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Product Loss on account of evaporation and handling losses upto 0.59 % in MS and 0.15 % in HSD of total actual sales made at the outlet will be absorbed by Indian Oil. Any losses beyond the ceiling as mentioned above will be borne by the contractor and the same would be adjusted / recovered by Indian Oil on a monthly basis. The losses on month to month basis will be calculated based on the actual sales volume and the prevailing retail selling price of the outlet.
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Annex - II
APPLICATION FORM
APPLICATION FOR ENGAGEMENT OF A SERVICE PROVIDER FOR PROVIDING SERVICES FOR CORPORATION OWNED CORPORATION OPERATED RETAIL OUTLET AT
Location _______________Rev. Distt.________________ State___________ Advertised on ( Date ) in ( Name Of News Paper) by Indian Oil Corporation Limited ( M.D.)
1. APPLICANT DETAILS : 1.1 Name (in Block Letters) : Mr. / Ms. / M/s. __________________________________ 1.2 Address : ____________________________________________________________ ________________________________________________PIN:_________________ Telephone No. :___________E-Mail Address: ___________Mobile No.:____________ 1.3 Status of applicant i.e. whether Individual & Partnership / Non-individual
Entity like Regd. Co-operative Society / Organized body / Corporate House ( Tick as applicable )
2. INDIVIDUAL INCLUDING PARTNERSHIP : ( Enclose Affidavit as per Appendix‘A’)
2.1 Date of Birth : _______________ ( Proof to be attached ) Completed Age as on date of application : _________
2.2 Father’s / Husband’s Name :______________________________________ 2.3 Nationality : ___________________ 2.4 Educational Qualifications :_____________________(Proof to be attached ) 2.5 In case you are an income tax assesse , please furnish PAN No. : ______
( Proof to be attached )
Passport Size Photograph
with specimen signature on
the photograph
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2.6 Last Rank Held : ________________________( Proof to be attached ) ( For Ex-Defence personnel and DGR nominees )
2.7 It is confirmed that I am eligible to apply for Service Provider Contractorship and meet multiple dealership norm as per the Para 2 of Appendix ‘A’ enclosed.
2.8. PARTNERSHIP : In case of partnership , please give name of each partners and attach
registered / proposed partnership deed. Application of all the partner(s) should be attached together while submission. ________________________________________________________________________________________________________________________________
3. NON-INDIVIDUAL ENTITY : ( Non - Individuals to enclose Affidavit as per
Appendix ‘A1’ ) 3.1 Name of the non-Individual Entity :
______________________________________________________________________ 3.2 Name and Designation of the authorized person ( Submit authority /
Resolution authorizing for application from the entity )
Address : _______________________________________________________ _________________________________________________PIN : __________ Telephone No. : __________ E-Mail Address : ___________Mobile No. : _____
3.3 Registration No. Certificate of Non-Individual Entity : _______________ (
Enclose Proof ) 3.4 PAN Card Details of Non-Individual Entity : ____________________ (
Proof to be attached ) 3.5 It is confirmed that applicant Non-Individual Entity is eligible to
apply for Service Provider Contractorship and meets multiple dealership norm as per Para 7 and 8 of Appendix ‘A1’ enclosed.
3.6 For Registered Co-op Societies and Limited companies : Whether entity
made net profit during preceding three finanacial years as per audited balance sheet prior to year of application ( Please tick as applicable ) : YES / NO . ( Proof to be attached )
3.7 Completed age ( no. of years in existence ) as on date of application :
_______ ( Please attach certificate of incorporation of entity )
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4 . FOR ALL APPLICANTS ( INDIVIDUALS AND NON-INDIVIDUALS)
FINANACIAL CAPABILITY AND EXPERIENCE : 4.1 Give details of source of funds : (to be provided by all applicants)
The details to cover free & unencumbered Bank accounts / Govt. Securities / Fixed Deposits, UTI, NSC, Bonds, Shares of Public Limited Companies ( with valuation report) etc., details of other assets ( with valuation report) like immovable property (land, building etc.) / movable properties (vehicles etc). The details under ‘ Finance ‘ may be provided in the following format. ( Attach separate sheets as required )
Type of Fund*
Details of a/c No. etc.
Name of the holder
Relationship with applicant
Amount (Rs.)
* Amount given in FDs, Bank Accounts/ and other financial documents as proof for financial capability should be valid as on date of application.
NOTE :
In cases where finance (savings, current, FD, NSC etc), assets are not exclusively owned by the applicant and are under joint account or ownership of the candidate with his relatives within the definition of “family”( as defined in Para 2.7 ), the same can be considered for evaluation subject to consent of the family member/s on notarized affidavit. Affidavit should contain details / references of accounts / assets owned by the family member(s) along with supporting documents to establish the capability should be enclosed.
4.2. Give details of Managerial experience of working in specific sector as given
below. If yes, please attach documentary evidence in support of experience of providing services in a particular sector.( For details – attach additional sheets)
For Individuals including partner,
Sector Capacity – Post Held
Organization Name
Period
Petroleum
Automobile/Transport Service
Any Sector Other Than Above
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For Non-Individuals ,
Sector Type Of Business
Details of Business
Period
Petroleum
Automobile/Transport Service
Any Sector Other Than Above
4.3. Copies of current registration with E.P.F. and E.S.I.C. ( if available ) to be
enclosed .
5. DEMAND DRAFT / PAY ORDER NO. _________________ dated ______________ for Rs.__________________ drawn on __________________________(state Bank’s name) in favour of Indian Oil Corporation Limited( M.D.) payable at _____________ is enclosed.
6. Any other information:
7. UNDERTAKING:-
I undertake to produce Originals of all the attachments enclosed with this application at the time of interview, if called and I am aware that in the event I fail to produce the Originals, my application for service provider will be disqualified.
That, if selected, I undertake that I will be required to furnish a Bank Guarantee of required value as per the policy of Indian Oil. I understand that the subject contract is for providing services during the period of contract and as per terms of contract I will have no claim whatsoever on getting dealership for the subject location.
I, _____________________________________________________________ hereby certify that the information given above is true to the best of my knowledge and belief. Any wrong information / suppression of facts will disqualify me from being considered for the service provider.
Place : Signature Date : (Name in block letters)
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NOTE : Affidavits to be enclosed in original. In respect of all other certificates / documents, duly attested Photo copy / True copy ONLY need be attached along with the application. However, originals of all these will have to be brought at the time of interview, if called for. Encl : Total of _____ no. of documents with this application. Encl : Checklist for supporting documents /affidavits as per Appendix B is to be filled
in by all applicants and attached on top of application form.
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APPENDIX- ‘A’
(TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE)
( To be submitted by Individuals and Partners of Partnerships ) I, ___________________________________________ Son / Daughter/wife of ____________________ Age ___ years residing at ______________________ _________________________________do hereby solemnly affirm and say as under : 1. That I am an Indian National. 2. That I am unmarried. That neither I nor my Father, Mother, unmarried
brother(s), unmarried sister(s) have dealerships/distributorships/ service provider / contractor-ship for COCO operation or hold Letter of Intent for Retail Outlet or SKO-LDO dealership or LPG distributorship / service provider (or contractor) for operation of COCO of any Oil Company
OR That I am married. That neither I nor my spouse, unmarried son(s) / unmarried daughter(s) have dealerships / distributorships/ contractor-ship for COCO operation or hold Letter of Intent for Retail Outlet or SKO-LDO dealership or LPG distributorship / service provider (or contractor) for operation of COCO of any Oil Company.
3. I have never been convicted and / or no charges have been framed by a Court of
law against me for any criminal offence involving moral turpitude / economic offences (other than freedom struggle).
4. I hereby confirm that I was never a signatory to a dealership/distributorship/
contractor-ship for COCO operation agreement of any oil company, which was terminated for proven adulteration/malpractices.
5. That against item no.4 of my application form details of various sources of funds
required for providing labour and for the contracted operation of the outlets been furnished. I undertake that these funds will be made available for the purpose stated above. In case it is found that the same is not made available as and when required, the offer of contractorship, at any stage, can be withdrawn and that I will have no claim/damages whatsoever against the Indian Oil .
6. That neither I nor any of my family members (family unit as defined in
the case of multiple dealership norms for individuals) is owning the land, wholly or partly, on which the Retail Outlet is constructed and for which I have applied for the selection as Service Provider.
23
7. I hereby verify that what has been stated above is true to the best of my knowledge and belief and nothing material has been concealed thereof. If any information/declaration given by me in my /our application or in any document submitted by me/us in support of application for the engagement of contractor for service provider or in this affidavit shall be found to be untrue or incorrect or false, Indian Oil Corporation Ltd would be within its rights to withdraw the offer letter / terminate the contract for service provider (if already appointed) and that we would have no claim, whatsoever, against Indian Oil Corporation Ltd for such withdrawal/termination.
Solemnly affirmed and declared before me This ___________day of ________________ ______________________ _____________________ Signature and Seal of Signature of person making affidavit Magistrate/Judge/Notary public (Name in block letters)
24
APPENDIX ‘A1’
( To be submitted by Non-Individual Entities like Registered Co-operative Societies , Organised Bodies , Corporate Houses ) (TO BE TYPED ON APPROPRIATE NON-JUDICIAL STAMP PAPER OF REQUIRED VALUE AS APPLICABLE IN -------------- STATE)
(AFFIDAVIT) In the matter of Service Provider at Company Owned Company Operated (COCO) Retail Outlet (RO) of M/s. Indian Oil Corporation Ltd., at ____________________________________ (Location) whereas M/s. ___________________________________________ (Name of the entity)) ________________________________________________ (Address) has applied for Service Providers for COCO RO of M/s. Indian Oil Corporation Ltd., at ___________________ (Location). I ________________________________________ son / daughter / wife of _______________________ Age ________ years resident of ________________ in the capacity of ____________________________ do hereby solemnly declare: 1. That through a resolution passed by M/s.
_______________________________________________, I have been authorized to apply for the said service provider. A copy of the resolution / authorization is enclosed herewith forming part and parcel of this affidavit.
2. That the said entity M/s.
_____________________________________________________ is duly registered with a competent authority and a photocopy of the registration certificate is enclosed herewith forming part and parcel of this affidavit.
3. That the said entity M/s.
__________________________________________________________ is a profit making body during last 3 Financial years. (@)
4. That on behalf of M/s. _____________________________________________________________, I undertake that I will observe all the relevant guidelines with regard to award / operation of the said contractorship for providing services at COCO issued by the Indian Oil Corporation Limited / Government of India or any other statutory body from time to time.
5. That M/s.
_____________________________________________________________ is a Registered Co-operative Society Registered under Societies Registration Act 1860 (@) / is a Company registered under Companies Act 1956 (@) / is a _____________________________ (@) (specify the type of entity) registered
25
under ________________________________________ (specify the authority) and that the same does not have any criminal records nor does it have any criminal charges framed against it by a court of law involving moral turpitude and/or economic offences. Moreover, none of the partners / members of its Governing Body (@)/ Managing Body (@) / Any such other Body ______________________________________ (please specify) (@) / Directors (@) have been convicted and / or charges have been framed against them by a Court of law for criminal offences involving moral turpitude and / or economic offences (other than freedom struggle).
6. That neither this entity itself nor any partners / member of its
Governing Body (@) / Managing Body (@) / Any such other Body) _____________ (please specify) (@)/ Directors (@) or his/her family members (family unit as defined in the case of multiple dealership norms for individuals) is owning the land (wholly or partly), of the subject Retail Outlet and for which this application is being made for the selection as Service Provider.
7. That M/s. _______________________________________________ is a
Registered Co-operative Society Registered under Societies Registration Act 1860 (@) / is a Company registered under Companies Act 1956 (@) / is a ___________________________________ (@) (Specify the type of entity) registered under___________________________ (specify the authority) and that neither this entity itself nor any of the members of its Governing Body (@) / Managing Body (@) / Any such other Body ______________________________ (@) (Please specify) / Directors (@) was ever signatory to a dealership / distributorship / Service Provider for COCO of any oil company which was terminated for proven adulteration / malpractices.
8. That M/s. _______________________________________________ is a
Registered Co-operative Society Registered under Societies Registration Act 1860 (@) / is a Company registered under companies Act 1956 (@) / is a _______________________________________ (@) (specify the type of entity) registered under ____________________________________________________ (specify the authority) and that neither this entity itself nor any partners / member of its Governing Body (@) / Managing Body (@) / Any such other Body) _____________ (please specify) (@)/ Directors (@) or his/her family members (family unit as defined in the case of multiple dealership norms for individuals) is having Retail Outlet / SKO-LDO dealership / LPG distributorships / Service Provider at Retail Outlet or hold Letter of Intent for Retail Outlet / SKO-LDO dealership / LPG Distributorship of any Oil Company / Service Provider for COCO.
9. That M/s. ________________________________________________ is a
Company registered under Companies Act 1956 and that neither the holding company nor any of its Subsidiary company is having dealership / distributorships or hold Letter of Intent for Retail Outlet / SKO-LDO dealership or LPG
26
distributorship of any Oil Company / Contract of Service Provider for COCO. In addition, no other Company or Firm is having dealerships/ distributorships or hold Letter of Intent for Retail Outlet / SKO-LDO dealership or LPG distributorship of any Oil Company where shareholders (put together) of the applicant company do have controlling stake (i.e. 51% or more).
10. *That against item No. 4 of my application form details of various sources of
funds required for setting up and operation of the dealership has been furnished, I undertake that these funds will be made available for the purpose stated above. In case it is found that the same is not made available as and when required, the offer of service provider, at any stage, can be withdrawn and that I will have no claim / damage whatsoever against Indian Oil Corporation Ltd.
11. I hereby verify that what has been stated above is true to the best of my
knowledge and belief and nothing material has been concealed there from. If any information / declaration given by me in my application or in any document submitted by me in support of my application for the award of the service provider in this affidavit shall be found to be untrue or incorrect or false, Indian Oil Corporation Ltd would be within its rights to withdraw the letter of offer / terminate the contract for service provider (if already appointed) and that I would have no claim, whatsoever, against Indian Oil Corporation Ltd. for such withdrawal / termination .
Solemnly affirmed and declared before me
This ______________ day of ___________________ ______________________ _______ _____________________
Signature and Seal of Signature of person making affidavit Magistrate/Judge/Notary Public (Name & Designation in block letters)
27
APPENDIX – ‘B’
COVER NOTE OF APPLICATION
Name of Location / District : Name of Applicant : CHECK LIST OF DOCUMENT TO BE SUBMITTED
S.N. Document Particulars
Page No. Submitted
From To
Yes / No/ NA
FFoorr IInnddiivviidduuaallss aanndd PPaarrttnneerrsshhiipp FFiirrmmss
1. AAtttteesstteedd ccooppyy ooff CCeerrttiiffiiccaattee rreeggaarrddiinngg AAggee
2. AAtttteesstteedd ccooppyy ooff CCeerrttiiffiiccaattee rreeggaarrddiinngg EEdduuccaattiioonnaall
QQuuaalliiffiiccaattiioonn
FFoorr NNoonn--IInnddiivviidduuaall EEnnttiittyy
3. Authority letter / resolution specifying name of authorised person
4. Attested copy of Registration certificate of the entity from competent authority
5.
Attested copies of audited profit and loss account statement for the preceeding 3 financial years ( Registered Co-Operative Societies and Limited Companies Only )
6. Attested copies of certificate of incorporation of entity
FFoorr EExx-- DDeeffeennccee OOffffiicceerrss aappppllyyiinngg ((aa)) aaggaaiinnsstt
DDGGRR nnoommiinnaattiioonnss aanndd ((bb)) aaggaaiinnsstt aaddvveerrttiisseemmeenntt
7. AAtttteesstteedd ccooppyy ooff cceerrttiiffiiccaattee ffoorr llaasstt rraannkk hheelldd
GGeenneerraall –– FFoorr AAllll AApppplliiccaannttss
8. CCoommpplleettee FFiilllleedd AApppplliiccaattiioonn FFoorrmmaatt wwiitthh ssiiggnnaattuurree aanndd
pphhoottooggrraapphh ((wwiitthh ssiiggnnaattuurree oonn pphhoottooggrraapphh))
9. AAffffiiddaavviitt iinn AAppppeennddiixx ''AA'' ooff aaddvveerrttiisseemmeenntt ((ffoorr iinnddiivviidduuaallss
aanndd PPaarrttnnbbeerrsshhiipp FFiirrmmss)) // AAppppeennddiixx ‘‘AA11’’ ffoorr NNoonn iinnddiivviidduuaallss
10.
AAtttteesstteedd ccooppyy ooff PPAANN NNoo..-- ((FFoorr IInnddiivviidduuaall aanndd NNoonn--
iinnddiivviidduuaall EEnnttiittyy))
28
11. Attested document/ affidavit regarding capability to provide finance -
(a) Valuation report from Govt.approved valuer of owned property
(b) Fixed deposit/saving/etc
(c ) The finance / asset owned by the family unit - applicant providing a consent from the concerned member from the ‘family unit’ on notarised affidavit along with supporting documents to establish the capability.
12. Attested copy of Proof / Certificate regarding managerial experience of working in specific sector
13. Application Fee - Demand draft in favour of “ Indian Oil Corporation Ltd. (M.D.) ” payable at specified location
14. Attested copies of registration certificate with E.P.F.and E.S.I.C.if available.
15. Any other document
Total no. of pages attached
Date:_____________ Signature of applicant _____
29
Annex - III
INDIAN OIL CORPORATION LIMITED
(MARKETING DIVISION)
CONTRACT FOR PROVIDING SERVICES AT
______________________________________ COCO
This agreement made this ________________ day of __________ two thousand
and ____________________________________
Between
Indian Oil Corporation Limited, a Company incorporated under the Companies Act,
1956 and having its Registered Office at Indian Oil Bhavan, G-9, All Yavar, Jung
Marg, Bandra (East) Mumbai - 400051, hereinafter called the "Corporation" (which
expression shall include its successors and assigns, Of the One part)
And
[Insert the name and address of the _______ and type of the Company
i.e. Proprietorship / Partnership / Firm / Company registered under
Company Act or Cooperative Society as applicable] inhabitant of
___________ carrying on business under the name & style of M/s.
__________________________________________ hereinafter Called the Service
Provider (which expression shall include his heirs, executors, administrators and
assigns, Of the other part),
Whereas the Service Provider is desirous of providing services for day to day
operational and miscellaneous works for the Corporation on the Corporation owned
Retail Outlet (COCO) at ___________.
And WHEREAS the Corporation has agreed to appoint the Service Provider upon the
terms and conditions hereinafter recorded.
NOW THIS AGREEMENT WITNESSED AND IT IS HEREBY AGREED BY AND
BETWEEN the parties here to as follows:
1. The Service Provider shall provide all the equipment and manpower required as
per Appendix - C attached hereto, for carrying of the work assigned to them
by the Corporation under this contract as detailed in Work Order / Rate
Schedule.
2. The Corporation shall pay to the Service Provider for the various services
provided at the rates specified in the Rate Schedule attached hereto as
Appendix - C. The rates finalized will be firm for the entire contractual period
30
and under all working conditions and the Service Provider will not be entitled to
any extra allowance during the currency of the contract, unilaterally.
3. The bills should be prepared on monthly basis i.e. 1st to end of the month
and should be submitted within fifteen days from the close of the month. The
bills submitted after two months from the relevant fortnight may not be
entertained. The Service Provider shall submit an outstanding statement of
bills for each quarter including all the transactions within one month after the
expiry of the period. The Corporation may not entertain bills not included in
the Outstanding.
4. That the compliance of all Government rules and regulations regarding
employment and working conditions of personnel, including various statutory
facilities shall be provided for by the Service Provider. The Service Provider
shall be responsible for any fines for non-compliance of any such Rules.
5. The Service Provider expressly agrees to follow all the rules and regulations
laid down in, Payment of Minimum Wages Act and other Legislation, in this
regard. It is also agreed that the Service Provider shall exclusively be liable
for any breaches of any provisions of the said Acts or like legislation and for
any payment there under.
6. The Service Provider shall maintain all records, registers, display notices as
required and applicable to him under the Factories Act / Shops &
Establishment Act, Minimum Wages Act, Payment of Wages Act, The
Workmen’s Compensation Act or any other Act / Schemes of State / Central
Government in force from time to time.
7. The Service Provider agrees to employ competent and efficient employees/
operators to ensure that the work is done correctly. Any loss caused on
account of Service Providers employee’s negligence, theft, default or any
commission or conduct shall be made good by the Service Provider.
8. The Service Provider will ensure observance of all instructions issued by the
Corporation from time to time with regard to quantity and quality control, day
to day operation, safety etc. The Service Provider will be responsible for
proper and safe upkeep, cleanliness and housekeeping of the COCO. The
duties and obligations to be performed by the Service Provider are
enumerated in the Appendix - D attached hereto.
9. In the event of the Service Provider's failure to carry out the work assigned to
them within a reasonable time, Service Provider shall be liable to make good
the Corporation any expenses that may be incurred by the Corporation in
making alternate arrangements for carrying out the work.
31
10. Payment of any other charges which may arise due to negligence/ tardiness
of the Service Provider shall not be covered under the above, unless such
payment is admitted by the Corporation for reimbursement.
11. The Service Provider shall furnish an irrevocable Bank guarantee for the value
advised by the Corporation in the selection notice or advertisement in favor of
Corporation in the format acceptable to the Corporation as security for
satisfactory performance of various obligations listed in the agreement by the
Service Provider. In case of violation of any clause of this agreement by the
Service Provider, Corporation shall be free to encash the BG without reference
to the Service Provider and adjust the amount against any dues or losses
suffered by the Corporation on account of any failure or violation of the terms
of the agreement by the Service Provider. Any balance amount of loss and
amount due from Service Provider after adjustment of BG amount shall be
made good by Service Provider. The Service provider further agrees to
provide additional Bank Guarantee as may be advised by the Corporation
within 15 days of receipt of intimation.
12. The Corporation reserves the right to award parallel contract/s without giving
any notice or prior intimation to the Service Provider.
13. That the compliance of all Government rules & regulations regarding
operation of COCO will be the responsibility of the Service Provider and any
fines for non-compliance of any such rules will be borne by the Service
Provider. The Service Provider will also comply with the provisions of Labour
Act or any amendments made thereto from time to time and any rules made
there under affecting the operation of COCOs and will obtain certificate from
the Labour Deptt. Government authority.
14. The Service Provider will be liable for any loss or damage, due to deficiencies
in Services provided at the COCO to the Corporation, to the Corporations
employees, the Service Provider's employees or to any third party resulting
from fire, leakage, negligence, explosion, accident or any other cause in
operating the said COCO at the time of loading/unloading and or during
transit and the Service Provider shall indemnify and keep the Corporation
indemnified against any such loss or damage and shall pay to the Corporation
such amount as the Corporation may be called upon by the Law to pay.
15. It is specifically agreed by the service provider that he has been awarded a
contract for a limited purpose/period as herein provided in the agreement and
shall have no right to claim permanent dealership or permanent service
provider contract at the __________COCO.
32
16. The Service Provider shall be responsible for and shall pay any compensation
to their employee’s payable under the Workmen's Compensation Act, 1923
(as per applicability) and the amendments made thereto for the injuries
caused to the Workmen. The Service Provider shall be responsible for and pay
the expenses for providing medical treatment to any employees who may
suffer any bodily injury as a result of provisions of section 13, sub-section (I)
of the Workmen's Compensation Act. 1923, the Corporation is obliged to pay
compensation to a workmen employed by the Service Provider in execution of
the work. The Corporation will recover from the Service Provider the amount
of the right of the compensation so paid, and without prejudice to the right of
the Corporation under section 12, sub-section 2 of the said Act. The
Corporation shall be at liberty to recover such amount or any part whereof by
deducting it from the Security Deposit or from anything due by the
Corporation to the Service Provider whether under this contract or otherwise.
The Corporation shall not be bound to contest any claim made against it
under section 12, sub-section 1 of the said Act, except on the written request
of the Service Provider and upon his giving to the Corporation full security for
all Costs for which the Corporation might become liable in consequence of
contesting such claim.
17. The Service Provider shall be liable for all statutory payments to their staff
employed for the performance of carrying out of the said work and the
Corporation shall in no event be liable or responsible for any payment. Service
Provider shall keep the Corporation indemnified for the same and from all
proceedings in respect thereof.
18. The Service Provider shall duly introduce the Employee Provident Fund &
Miscellaneous Provision Act / Scheme to the staff employed by him, if so
required under the provisions of the Employees Provident Fund Act.
19. The Service Provider shall duly implement the Employee State Insurance Act /
Scheme made there under for the employees under them, if applicable, under
the provisions of the Employees State Insurance Act, 1948.
20. The Service Provider shall observe and implement all the laws of the land and
rules framed there under which are applicable to the staff employed by him.
The Corporation shall in no event be liable or responsible for any fault that
will arise out of non-observance of such laws/ rules on the part of the Service
Provider and shall indemnify and keep the Corporation indemnified against
the same from all proceedings in respect thereof.
33
21. It shall be absolute liability of the Service Provider to obtain any approval,
license, registration AND its renewal to function as Service Provider and
discharge its responsibility.
22. This Contract shall remain in force for the period of three years from
________ unless terminated as provided in the agreement.
The corporation reserves the right to terminate this contract at any time
before the expiry of the contract by giving the Service Provider 30 days notice
or upon severe breach of agreement without any notice in writing without
assigning any reason whatsoever and without being liable to pay any
damages/ compensation for such termination. The Service Provider also can
terminate this contract at any time before the expiry of the contract by giving
to the Corporation 90 days notice in writing without assigning any reason
whatsoever.
23. It is specifically agreed by and between the parties hereto that the-
Corporation shall have the right to terminate this contract forthwith at any
time during the currency of the contract, if the services are not found
satisfactory. The decision of the concerned State Head of the Corporation
shall be final and binding upon the parties.
Notwithstanding anything else contained in this agreement, the Corporation shall be at liberty to terminate this agreement forthwith upon the happening of any of the following events / conditions : -
[Strike out redundant conditions and retain relevant conditions e.g. for Proprietorship, conditions relating to Partnership / Company / Cooperative Society to be deleted]
i. Upon the death of the “Service Provider”, if the “Service Provider” be an individual ;
ii. The adjudication as insolvent of the “Service Provider” if he be an individual;
iii. The dissolution of the partnership firm or death or adjudication as insolvent of any partner of the firm, if the “Service Provider” be a partnership firm ;
iv. The liquidation, whether voluntary or otherwise or the passing of an effective resolution for winding up, if the “Service Provider” be a Company or a Co-operative Society ;
v. If any attachment is levied and continues to be levied for a period of seven days upon the effects of the “Service Provider” or of any individual partner for the time being of a “Service Provider” firm or any member of the “Service Provider” co-operative society ;
34
vi. If a Receiver is appointed of any property or assets of the “Service Provider” or of any partner in the “Service Provider's" firm or of any member of the “Service Provider’s Co-operative Society and is not discharged within seven days of the date of such appointment.
vii. If “Service Provider” shall for any reason make default in payment of dues to Corporation if any in full of his outstanding.
viii. If the “Service Provider” does or authorizes or permits to be done any act which is against the interest of the Corporation or damages the image of the Corporation;
ix. If the “Service Provider” fails to observe any of the terms of this agreement.
x. If the Service Provider shall commit a delay or default of any of the terms, conditions, covenants and stipulations contained in the agreement.
xi. If the ` Service Provider ’ does not adhere to the instructions issued from time to time by the Corporation in connection with the jobs assigned to the Service Provider.
xii. If any information given by the Service Provider in the documents which are part of Selection Process for appointment as Service Provider and thereafter shall be found to be untrue or incorrect in any material particular.
xiii. If the Service Provider shall either by himself or by his servants or agents commit or suffer to be committed any act which, in the opinion of the state office in charge of the Corporation for the time being at ------, in the state of ------- of the Corporation whose decision shall be final, is prejudicial to the interest or good name of the Corporation or its products; the State Office in charge shall not be bound to give reasons for such decision.
Corporation’s right to terminate this agreement under the terms of this clause shall be without prejudice to and without affecting any of its other rights and remedies against the “Service Provider”.
24. Any goods in the custody of the Service Provider at the time of
termination of the contract by efflux of time or by notice or
otherwise, shall be handed over to the Corporation properly.
25. All conditions laid down in this agreement and those covered in
selection document / advertisements are also applicable.
26. In the event the Service Provider, is selected by any Oil Company as a Dealer
and/or Distributor and a LOI is issued to him either in individual capacity or as
a partner of any firm etc., the Service Provider shall intimate the Corporation
within 7 days from receipt of such offer/LOI, through a written notice for
termination of the contract within next 90 days. This contract shall be
terminated after completion of period of 90 days from the date of such
notice.
35
27. The Service provider has been granted a mere leave and permission to enter
upon the site, only for the purpose of supporting the business at the COCO in
the name of the Corporation and for no other purpose. The premises of the
COCO shall be deemed to be in the possession of the Corporation and one or
more representatives of the Corporation shall always have the right to be in
the premises of the outlet.
28. The Service provider shall not assign or transfer this Contract or any benefit
to any person, firm or Corporation, without the consent of the Corporation in
writing.
29. Any Notice or other communication required to be sent under this Agreement
shall be sent or delivered to the receiving party at the address set forth
below, or at such other address as the Parties may from time to time
designate in writing:
Name & Address of Service Provider Indian Oil Corporation Limited
Address of Divisional Office
Any notice or other communication shall be sent by certified or registered
mail, email, and facsimile or by hand delivery.
All notices referred to in this Agreement or other communications shall be
deemed to have been duly given or made if delivered by facsimile or e-mail,
when the activity report confirms successful transmission.
30. This Agreement shall not constitute or be deemed to constitute a partnership
or a joint venture or even an agency between the parties hereto and no party
shall have any authority to bind the other or will be deemed to be agent of
the other party in any way. The Relationship of the parties hereunder shall be
on Principal to Principal basis.
31. All Appendix/es to this Agreement, duly signed by the Parties, shall form
part and parcel of this Agreement.
36
32. Arbitration :
All questions, disputes and differences arising under or in relation to this Agreement shall be referred to the sole arbitration of the Director (Marketing) of the Corporation. If such Director (Marketing) is unable or unwilling to act as the sole arbitrator, the matter shall be referred to the sole arbitration of some other officer of the Corporation by such Director (Marketing) in his place, who is willing to act as such sole arbitrator. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the Corporation and may be Share holder of the Corporation. The arbitrator to whom the matter is originally referred, whether the Director (Marketing) or officer, as the case may be, on his being transferred or vacating his office or being unable to act, for any reason, the Director (Marketing) shall designate any other person to act as arbitrator in accordance with the terms of the Agreement and such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also the term of this Agreement that no person other than the Director (Marketing) or the person designated by the Director (Marketing) as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the Agreement and provisions of the Arbitration & Conciliation Act 1996 or any statutory modification or re-enactment thereof and the Rules made thereunder and for the time being in force shall apply to the arbitration proceedings under this clause. The parties hereby agree that the court in city of…….. alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitrator or other proceedings in respect of any thing arising under this Agreement.
37
33. Jurisdiction The parties hereby agree that the courts in the city of ______________
alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any award or awards made by the Arbitrator hereunder shall be filed in the concerned courts in the aforesaid city only.
Signed and Delivered on Signature __________________
Behalf of Indian Oil Corporation Ltd Name _____________________
Designation ________________
Signed and Delivered By Signature __________________
The Within Named Name _____________________
(Proprietor/ Partner/ Director)
Name of Firm _______________
Address of Firm ____________________
_________________________________
Seal of Firm
In the Presence of
Witness : Signature __________________________
Name _____________________________
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Appendix - C
RATE SCHEDULE
14. MANPOWER REQUIREMENT/COMPENSATION & REMUNERATION:
The manpower for day to day operations will be provided by the Service Provider as per requirement given by concerned Divisional Retail Sales Manager of IOC .
15. For the purpose of arriving at minimum wages, the operating staff will be
categorized as follows:
S.No. Type of manpower Category
(i) Cashiers, Fore-court Supervisor Skilled Skilled
(ii) Driveway Pump Attendants Semi– Skilled
(iii) Air boys, Windscreen boys, House keeping boys Unskilled
(iv) Security guards As per DGR rates
Payment will be reimbursed to the Service Provider for actual manpower provided as per minimum wages as applicable in the respective state for different categories along with Provident Fund at applicable rate; ESIC; Gratuity; Bonus; Service Tax and any other statutory payment duly certified by the officer of the corporation.
Remuneration & Incentives :
Fixed lumpsum amount per month : Rs.23000/- per month. Incentives :
Slab Volume (pm) Incentive Comments
1 Upto 100 kl NIL
2 Beyond 100 kl & 175 k Rs.60/- per kl Rs.60 per kl on volume above 100 kl
3 Beyond 175 kl & 250 Rs.80/- per kl Rs.80 per kl on volume above 100 kl
4 Beyond 250 kl & 350 Rs.100/- per kl Rs100 per kl on volume above 100 kl
5 Beyond 350 kl & 450 Rs.120/- per kl Rs120 per kl on volume above 100 kl
6 Beyond 450 kl & 550 k Rs.140/- per kl Rs140 per kl on volume above 100 kl
7 Beyond 550 kl Rs.150/- per kl Rs150 per kl on volume above 100 kl
Note: Sales would mean Nozzle sales from COCO during the period and not supplies
39
For DGR nominees (ex-Defence Officials) as Service Providers, an additional incentive of Rs.10/- per kl on total volume will be extended.
Reimbursement for handling charges for Auto LPG sales to Service Provider :
a) Payment to be reimbursed to Service Provider for actual manpower provided for handling Auto LPG as per requirement of IOCL, in addition to the manpower provided for handling MS & HSD, against the indicative deployment (indicative deployment for Auto LPG is two per Dual Hose DU per shift). This payment shall be as per the rate provided in the Service Provider policy of the Retail Sales (policy Circular No. 160-09/2009 & 177-09/2010).
b) The Service Provider would be required to provide additional BG considering Auto LPG also in addition to MS & HSD as included in Service Provider Policy & the reimbursement for BG servicing charge would be made accordingly.
c) Auto LPG sales would be clubbed with MS & HSD sales for making Fixed Lumpsum payment for rendering service at COCO and slab wise variable incentives.
d) Concerned Divisional Manager would be responsible for collection of BG for Auto LPG also. DRSM would ensure proper allocation of BG to different credit control area i.e. for MS/HSD & Auto LPG.
e) It would be the responsibility of the concerned Stste LPG Head to ensure compliance of all aspects of day to day operations of Auto LPG facility at the concerned COCO along with safety, maintenance of ALDS facility, deployment of manpower, bulk LPG unloading etc.
The above Provisions would be applicable at all such COCOs wherever Auto LPG is available.
Detailed procedure for accounting, documentation, execution of indent for Auto LPG will be in line with the guidelines in Circular Ref. AC/HO/SA dated 14.09.2010.
All expenses for running the retail outlet would be borne by Indian Oil including Electricity; Water; Telephone; Stationery; Staff Uniform; etc.
Product Loss on account of evaporation and handling losses upto 0.59 % in MS and 0.15 % in HSD of total actual sales made at the outlet will be absorbed by Indian Oil. Any losses beyond the ceiling as mentioned above will be borne by the Service Provider and the same would be adjusted / recovered by Indian Oil on a monthly basis. The losses on month to month basis will be calculated based on the actual sales volume and the prevailing retail selling price of the outlet.
Reimbursement of cost incurred in providing BG (BG servicing charges only) at actual on producing necessary documentary evidence.
40
Appendix - D
GENERAL TERMS & CONDITIONS
1. The Service Provider will ensure observance of all given instructions from time to time with regard to Quantity and Quality Control, day to day operation, safety etc.
2. Maintenance of the Outlet and Equipment shall be responsibility of the Corporation while Service Provider will be responsible for proper and safe upkeep, cleanliness and house-keeping of the outlet.
3. Service provider will provide services for efficient operation of COCO and will ensure deployment of manpower, as given in writing from time to time, as per Corporation’s requirement.
4. Service Provider will provide services in each shift on each dispensing unit, free air facility, cash accounting, card swiping and accounting of the COCO.
5. The Service Provider will ensure depositing sales proceeds in designated bank account of IOC and will provide proof of same to IOC on day to day basis. In case where no designated bank account is available, the sales proceeds will be deposited with IOC by way of e- transfer/ RTGS / any other mechanism as advised by IOC in writing.
6. The service provider will also provide assistance in maintenance of various records/ returns , as per instructions from time to time.
7. Assisting in each shift for tank lorry unloading / decanting, checking of water dip, opening stock of all the products including MS, HSD, Xtra Mile, Xtra Premium, grade wise lubricant etc. Any abnormal loss, damage to the property arising out of improper supervision / non compliance of instructions will be the sole responsibility of the Service Provider.
8. Providing services for safety of dispensing unit and other equipments positioned at ROs with the help of fire extinguisher, water and sand etc.
9. All manpower positioned for execution and supervision of above works mentioned should be courteous and there should not be any complaint from the customers.
10. The Service Provider records are liable for scrutiny and inspection by IOCL Officers. In case of non production of records, the contract can be terminated by Indian Oil Corporation Ltd.
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Appendix - E
INDEMNITY BOND/UNDERTAKING
From M/s. _____________________________
_____________________________
To
M/s. Indian Oil Corporation Limited
(Marketing Division)
____________________________
____________________________
1. Work Order No. ________________________________ date
_______________ for providing services at ____________ COCO
2. Agreement No. _________________________________ date
_______________ for providing services at _____________ COCO
THIS INDEMNITY BOND/ UNDERTAKING executed at __________________
this day of _________ 200___ by M/s.
______________________________________________________ hereinafter called
the Service Provider (which expression shall mean and include, if the context so
admits, the partners or partner for the time being of the firm and their or his
respective heirs, executors and administrators/ its successors and assigns in law) in
favour of M/s INDIAN OIL CORPORATION LIMITED (Marketing Division), a Company
incorporated under the Companies Act 1 of 1956 and having its Registered Office at
G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai-400051, hereinafter called 'the
corporation’ (which expression shall include its successors and assigns in law)
WHEREAS the Corporation, desirous of having executed certain work specified
in the offer letter/ Work Order No. _______________________ dated
____________ issued by the Corporation on the Service Provider, describing the
work to be done, prepared and the same have been signed by or on behalf of the
parties hereto AND WHEREAS the Service Provider has agreed with the Corporation
to execute and perform the said work specified in the said letter/ Work Order upon
certain terms and conditions provided in the Agreement executed between the
Service Provider and the Corporation and also contained in the General conditions of
contract attached thereto.
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AND WHEREAS THE SERVICE PROVIDER is bound by law to comply with the
provisions of various Labour Laws like Minimum wages Act, 1948, Equal
Remuneration Act 1976, Inter-State Migrant Workmen (Regulation of Employment
and Condition of Service) Act, 1979, Contract Labour (Regulation and Abolition Act,
1970), Workmen's Compensation Act, 1923, Employees State Insurance Act as also
the Provident Fund Act providing for Provident Fund Scheme for labourers engaged
by the Service Provider but in the event of violation of the provisions of various
amenities and facilities to the workers under the different labour laws, not only the
Service Provider but also the Corporation as the principal employer becomes liable
for the acts of commission and omission by the Service Provider.
IT IS THEREFORE THE INTENT OF THIS INDEMNITY BOND/ UNDERTAKING by the
Service Provider to indemnify and keep indemnified the Corporation as stated
hereinafter.
1. The Service Provider hereby agrees, confirms and declares that he has fully
complied/ will comply with the provisions of various labour laws, particularly
those referred to herein above and that no violation of the provisions of various
amenities and facilities to the workers under different laws has been done by
them and in the event of any past or future violation of the provisions of various
labour laws, the Service Provider shall indemnify and keep the Corporation duly
indemnified against all losses, damages, costs, charges, expenses, penalties,
suits are proceedings which the corporation may incur, suffer or be put to.
2. The Service Provider hereby undertakes to furnish a certificate with regard to
the number of labourers employed by them in the Corporation/ in other
organizations throughout the country to the Location Incharge of the
Corporation where the work is undertaken by the Service Provider.
3. The Service Provider hereby confirms and states that he is duly registered under
the Contract labour (Regulation and Abolition) Act 1970, as amended from time
to time that they undertake to furnish a certified copy of the requisite license
obtained by the Service Provider from the competent authority to the
Corporation's representative.
4. The Service Provider hereby undertakes to keep proper record of the attendance
of his Labourers and will give opportunity to the officers of the Corporation to
supervise the same and confirm upon the Corporation representative the right to
countersign the said register. The Service Provider shall provide a copy of the
pay sheets to the location in charge of the Corporation nominated by the
Corporation for supervision of the payment of wages made to the labourers by
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the Service Provider and also confer the right on the Corporation's
representative to supervise the payment of wages to the labourers on the spot.
5. The Service Provider states that he is fully aware of the provisions of the
Provident Fund Act, particularly with regard to the enrollment of labourers as a
member of provident Fund. The Service Provider further confirms that he is
aware of the provisions that he is fully obliged to recover Provident Fund
contribution from the eligible labourers engaged by them and after adding their
own contribution remit the same to RPFC. The Service Provider states and
confirms that he is fully aware of his obligation to remit the said amounts on
account of Provident Fund to the RPFC within the prescribed period and he has
obtained a separate code number from the RPFC which is bearing Sl. No.
_________________________ dated _______________ from RPFC.
6. The Service Provider will afford all opportunities to the Officers of the
Corporation to verify that the provident fund actually deducted by the Service
Provider from the wages of the labourers and the same together with the
Service Provider’s contribution has been duly remitted by the Service Provider to
the concerned PF Commissioner. The Service Provider also undertakes to
provide photocopy of the receipt issued by the concerned PF Commissioner for
having received the PF contribution from the Service Provider.
7. In the event the Location Incharge of the Corporation in not satisfied about the
Payment of wages made and the recovery of PF etc. from the labourers
employed by the Service Provider, the Service Provider hereby agrees and
authorises the Corporation to withhold the payment of their bills till the Service
Provider completes all the obligations in this matter.
8. Notwithstanding the provision contained in Clause-7 above, the Service Provider
hereby undertakes and authorises the Corporation to recover dues payable by
the Service Provider to the labourers employed by him as also amounts on
account of PF contributions (including the Service Provider’s contribution) as also
all losses, damages, costs, charges, expenses, penalties from his bills and other
dues including the security amount.
9. The Service Provider hereby agrees that the aforesaid indemnity undertakings is
in addition to and not in substitution of the terms and conditions contained in
the selection documents and the offer letter/ work order and also the agreement
executed by the Service Provider with the Corporation.
10. It is specifically agreed by the Service Provider that he has been
awarded a contract for a limited purpose/period as herein provided in
the agreement and shall have no right to claim permanent dealership
or permanent Service Provider contract for the subject COCO.
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11. The Service Provider hereby confirms, agrees and records that this letter of
undertaking and indemnity bond shall be irrevocable and unconditional and shall
be binding on their heirs, executors, administrators and legal representatives
and shall ensure for the Corporation's benefit and for the benefit of its
successors and assigns.
Yours faithfully
Date : _______________
WITNESS: (1)
(full address)
WITNESS: (2)
(full address)
Note : Indemnity Bond/Undertaking is to be submitted on non-Judicial stamp paper
of Rs. 100/- duly notorised.