(An Undertaking of Government of Karnataka) granite

a] The raising agents are requested to go through the terms and conditions carefully: a] The details showing locations of the granite areas for raising of blocks along with minimum monthly quantity to be raised and raising cost fixed are given for each quarry under column 7 (Annexure4). The extent of the areas are only indicative and the raising agent should accept the area on as is where is basis . The extent is subject to variation on actual survey. b] The raising agents are advised to inspect the granite quarry areas so as to acquaint themselves with the local areas, road conditions etc. of the lease area and the surroundings. Any other details required by them can be obtained from the concerned Unit Manager of the area. No disputes will be entertained afterwards regarding the area, extent of deposit, type of quarry etc. Awarding of contract will be subject to getting clearance and approval from various Government agencies. Under Anexture 4 SlNo. 12 subject to getting clearance from JMF Court of Chamarajanagar. PERIOD FIXED TO EXECUTE WORK OF RAISING: OBLIGATION OF RAISING AGENT The officials of the COMPANY from time to time may require the RAISING AGENT to produce such specifications as may be intimated to the RAISING AGENT in writing from time to time. In the event of any such intimation in writing being given to the RAISING AGENT, the RAISING AGENT shall be bound to produce such specified blocks only and shall maintain the minimum monthly quantity as provided in Annexure 4, Column 7. The Manager of the COMPANY or such other authorised competent official as may be notified by the COMPANY from time to time shall have the power to regulate and supervise the removal of granite blocks to the utmost advantage and benefit of the COMPANY. COMPANY will not guarantee cent percent quality and colour of granite in the area given for removal of granite blocks, as granites are not man made, but natural products with uncertainties. The area offered is AS IS WHERE IS BASIS. No disputes shall be entertained by the COMPANY on extent of quarry lease, deposit and quality of granite of its variation, as granite deposits are subjected to vagaries of nature. 3. Dump any waste or debris on the deposit at any point of time. No machineries, equipments required for removal, dragging of blocks to loading spot and loading of granite blocks would be supplied by COMPANY. All the machineries like excavators, shovels, tippers, cranes, compressors and other machineries and instruments of every nature without exception that are required by RAISING AGENT for carrying out smooth operation and discharging his obligations under this agreement shall be procured and deployed by the RAISING AGENT at his own cost and expenses. The COMPANY is not bound to provide any machineries or instruments or to give any technical assistance in the matter of deployment of machineries or other operations. The RAISING AGENT shall at all times maintain machinery and equipment deployed by him at the site in good condition and he shall not be entitled to excuse of non-working of the machineries or men employed, if the operations are hampered, which will be the responsibility of Raising Agent alone. All payments related to compensation payable, if any, to the land owners situated within and adjacent to quarry lease area, to be utilized for the purpose of formation of road to connect public road, working of quarry, dumping of waste, loss of crop due to blasting conducted during working shall be arranged by the RAISING AGENT for smooth working of the quarry. However, if the consent of land owners cannot be arranged for the reasons beyond the control of the Company, then in such cases, Company reserves the right to cancel this agreement. In such circumstances, Raising agent shall not have any claims, whatsoever in nature. 6. The RAISING AGENT shall at his own costs: g) j) The rules applicable under Granite conservation and development rules, 1999, E.P. Act, 1986 (29 of 1986)MMRD Act, 1957 (67 of 1947) and Mines Act, 1952 (35 of 1952). STATUTORY OBLIGATIONS AGENT and the COMPANY and the RAISING AGENT is liable for the statutory observations by competent authorities. The COMPANY is in no way responsible for such payments on any account. The RAISING AGENT shall duly register himself as may be required under any statute or rules made there under governing employment of labour and their working in quarrying operations or any other law that may apply in the matter of employment, benefits to which they are entitled to, payment of wages to them, safeguarding their health conditions, relating to their treatment in case of being exposed to any employment, injury or employment illness. The RAISING AGENT shall regularly make payments of the amounts payable by him under mines act, employees provident fund act, bonus act, industrial disputes act, ESI Act., etc., with copies marked to first party in order to know. The RAISING AGENT shall regularly file with all the statute or other statutory authorities all the returns and particulars required to be filed under various acts with copies to first party. The RAISING AGENT should hand over entire records to the labour enforcement officer (Central) concerned and obtain necessary certificate to the effect that all the records maintained by the RAISING AGENT are in order, according to the rules and regulations of the Mines Act, labour legislations applicable etc, which will be in force at the time of completion of work with the copies for its information. If during the currency of the agreed period, the RAISING AGENT or any of his representative, workers are indulging in any activity which directly or indirectly prejudicial to the interest of the COMPANY or found guilty of among other acts, any of the following: Willful failure of non-cooperation in removal of blocks and in carrying on operations. REMOVAL OF OVERBURDEN, DRILLING AND BLASTING: th MARKETING PAYMENT The amount payable for the work of removal of granite shall be paid after the sale of blocks as and when it is sold. The sale means after the dispatch of blocks from the quarry. No interest is payable by the COMPANY for any delayed payment thereafter, till sale of blocks by COMPANY. Payment includes dragging of blocks to the loading spot and loading of blocks onto the trucks. No payment for raising the blocks shall be made for the unsold blocks left over in the quarry. The RAISING AGENT should take care while removing blocks from quarry to see that only saleable blocks are removed without wasting any granite material. In the first week of every month accounts of the payments to which RAISING AGENT has become entitled shall be submitted. If any payment is delayed due to negligence on the part of the RAISING AGENT in the matter of furnishing required material or in the matter of granting valid discharge, the RAISING AGENT shall not be entitled to lay any claim against the COMPANY, for such delay as it would be at his own account. 12. MEASUREMENT FOR PAYMENT OF RAISING COST The payment to the RAISING AGENT shall be depending upon the buyers volume of purchase only. The COMPANY shall be entitled to make the following deductions from out of the amounts to which the RAISING AGENT has become entitled. All statutory deductions by way of Income Tax or other liabilities of the RAISING AGENT to be discharged as per the statute that may be in force from time to time. Any amount directed to be withheld by any tax or revenue authorities or by any other orders of the court, tribunal or other statutory authorities. TERMINATION by giving one month notice. In case of any money, damages, losses, expenses etc., shall at any time during the continuance of this agreement be due from or payable by the RASING AGENT to the COMPANY, it shall be lawful for the COMPANY to recover the same by adjustment from the amount deposited by the RAISING AGENT as herein before recited and also from and out of any money that is in the hands of the COMPA