For the Agencies Registered to Construct Protected Cultivation Structures in Farmers Field
Annexure – 5
Agreement
For the agencies registered to construct Protected Cultivation Structures in farmers field for the purpose of providing subsidy to the farmers under the schemes "Protected Cultivation" of the Department of Horticulture
This Agreement has been entered into as per the conditions detailed in the notification of registration document vide No: DH/JDH/VEG/SADH/PHM/AHO/50/2016-17, Dated 30.12.2016
This Agreement is made on the _____ day of the month of ______of the year 2017 and valid up to ______
Between
The Government of Karnataka, represented by the Joint Director of Horticulture (Vegetables), Karnataka State Department of Horticulture, having its office at Lalbagh, Bangalore, herein after referred to as the "State" (which expression shall unless repugnant to the content and meaning thereof, be deemed to include its successors and permitted assignees), becomes the "First Party" or the registered Authority.
And
M/s. ______represented by Proprietor/CEO/MD having its office ______, herein after referred to as the "Second Party" or the registered Agency (which expression shall unless repugnant to the context and meaning thereof be deemed to include their successors and permitted assignees).
Whereas, the Commissioner of Horticulture has registered the Second Party vide certificate number DH/JDH/VEG/SADH/PHM/CW/ /2017-18, Dated ______to construct protected cultivation structures of farmers' choice in their field to avail subsidy from the Department of Horticulture under the scheme: "Protected Cultivation.
Whereas, the Second Party / Registered Agency is willing to abide by the following conditions.
Conditions:
1)The Second Party (Registered Agency) hereby agrees to abide by all the conditions stipulated in the Registration Notification and Document No: DH/JDH/VEG/SADH/PHM/AHO/50/2016-17, Dated 30.12.2016 and certificate of Registration No: DH/JDH/VEG/SADH/PHM/CW/ /2017-18, Dated ______issued by the Department of Horticulture which form a part of this Agreement.
2)The Registeredagency shall construct different types of protected cultivation structures as per technical specifications, designs and cost norms given by the Department of Horticulture vide Government order vÉÆÃE 198 vÉÆÃE« 2016, ¢£ÁAPÀ 8.12.2016 which form part of this Agreement.
3)The Second Party (Registered Agency) shall ensure that they will not indulge in any of the violations of the agreement and the conditions stipulated in the Registration document No: DH/JDH/VEG/SADH/PHM/AHO/50/2016-17, Dated 30.12.2016 and also ensure regarding non-indulgement, either directly or indirectly, in any acts/activities harming the interest of Government or farmers.
4)The design of Poly houses and Shade net must confirm to the models approved by Department of Horticulture, Government of Karnataka.
5)The Poly house and shade net manufacturers/suppliers must use all the components required for the installation of Poly houses and shade netconfirming to the relevant BIS standards and or as per specifications provided by the Department of Horticulture, Government of Karnataka.
6)The invoices with E-SUGAMonly in respect of supply of Polyhouses and Shade net house including installation shall be raised by the registered manufacturers/suppliers.
However they may take up the work with local sub-contractors / suppliers if any, authorized by registered manufacturers / suppliers for civil material & installation & transport work, for the purpose of construction, but the entire responsibility on billing and supply of quality material, design, quality of construction, transportation etc. lies with registered manufacture/supplier only.
7)The manufacturers/suppliers shall under take the responsibility/guarantee of different components of Poly houses and net houses supplied to the farmers.
8)The manufacturer /supplier shall undertake to provide guaranty/ warranty as below.
a)Structure: 3 (Three) years warranty (i.e. repairs) against natural wear and tear (excluding the natural calamities, vandalism and any other forced action) The decision of Director/Commissioner of Horticulture, Govt. of Karnataka shall be final in this regard.
b)Insurance: The manufacturers / suppliers shall undertake the responsibility of insurance and cost will be borne by the supplier and submit the insurance certificate to the farmers with intimation to concerned Deputy Director of Horticulture of the District.
c)Cladding material (Poly film, all types of Net and Fabric):3 (Three) years warranty against manufacturing defects on pro-rata basis. (Excluding the natural calamities, vandalism and any other forced action).
9)The Agency Should report quarterly to the Department about the construction works completed.
10) The manufacturers/suppliers must undertake to supply the components at the rates equal to (or) less than the rates given as per the department approved rates and/or the rates per unit area of Polyhouse/net house in any case should not be higher than those prescribed by the department as specified in the registration document.
11)If Manufacturers/Suppliers do not follow the rules and regulations mentioned in the registration document, then the entire Deposit amount will be adjusted into Government account besides black listing of such manufacturers / suppliers.
12)The Manufacturers/Suppliers have to abide by the inspection report of the Department and shall abide by its recommendations. Pre-installation physical verification of material at the time of supply of material and post installation physical verification after installation will be carried out by the Technical Committee of Horticulture Department at District level.
13)The Manufacturer/Supplier have to demonstrate the functioning of drip irrigation system etc., to the beneficiary. The Manufacturer/Supplier have to educate the farmer on Do’s and Don’ts of operation of Polyhouse/Shade net in writing in regional language.
14)The Manufacturer/Supplier shall provide detailed operational and maintenance manuals, parts catalogue (in the local language) at the time of supply of the material to the beneficiary.
15)The acknowledgement (proof of delivery) along with photograph and other required documents for the material delivered and erection of structure should be signed by the beneficiary and countersigned by the concerned field level horticulture officer of concerned District. Material should not be delivered without valid work order / Intent from the competent authority.
16)The Manufacturers/Suppliers should have established service and fabrication centre.
Service and Fabrication Centre: The centre must fulfil the following conditions:-
a)The fabrication centre must provide free after sales service to the farmers for at least three years. This may exclude the material cost, transportation of material and installation cost.
b)The fabrication centre shall also provide the service as per the terms and conditions of registration document.
c)Fabrication centre shall maintain the list of farmers covered under the scheme as per registration document.
d)Fabrication centre should be able to supply spare parts if any to the farmers on cost basis after completion of warranty.
e)It will be the responsibility of the manufacturer/supplier to see that the Fabrication centre is kept functional throughout the year and grievances/complaints of cultivators/farmers are attended within two weeks of receipt of written complaints.
f)The Fabrication centre must be equipped with the communication facilities such as phone, internet/email etc.
I)Post Registration Retention Criteria:
1)The registered agency has to complete a minimum 1 hectare of poly house or 2 hectares of shade net houses construction in a year.
2)The agencies found eligible who are not having service centres at the time of submitting application will be given tenure of 6 months to set up service centre. Non compliance to this would be result in dropping from registered list.
II)Disputes:
1)Commissioner, Horticulture Department, Karnataka State, reserves the right to reject the Registration without assigning any reason for disqualification and the decision of Commissioner of Horticulture, Govt. of Karnataka, shall be final in this regard.
2)In case of any disputes between farmer and the manufacturer/supplier regarding Poly House and Shade net House related matters after verification by the designated committee & satisfaction of the farmer and manufacturer/supplier with the verification report, the manufacturer / supplier only be responsible for legal matters in this regard and Department will not be part of any legal proceedings.
In case of violation of any of these conditions, the registeredagency will be liable for legal action and blacklisting by the Commissioner of Horticulture.
Joint Director of HorticultureRegistered Agency
(Vegetables) M/s. ______
Lalbagh, Bangalore-04
Witness:Witness: