From: Corporate HR - Policy Group (न गम त व स स ध - प म स ग र प) Sent: Friday, January 6, 2017 7:23 PM To: GAIL - HR HODs/Incharges; GAIL - F&A HODs/Incharges; Rashmi Shali (रश म श ) Cc: Amit Ray (अम त र ); D V Shastry (ड व श स त र ); P K Mati (प क ट ) Subject: Clarification on Modalities for Execution of License Agreement for availing Company/Self-Leased Accommodation Importance: High This has reference to the proposal of Corporate HR Employee Services Group vide which clarification was sought in regard to the modalities for execution of License Agreement for leased accommodation cases in National Capital Region (NCR) in situations where the owner of the property is unable to get the same registered because of extraneous reasons. 2) The issue has been comprehensively examined in consultation with the Corporate Law department. Considering the fact that employees are facing difficulties in such cases for reasons beyond their control, as a special case it has been decided that a valid Provisional Possession Certificate issued by the builder of such premises, which are habitable may be accepted as a proof of ownership for the purposed of execution of License agreement, till the time the property is registered and property tax is paid thereafter, subject to the following: a) This dispensation will be allowed only for cases in Noida and Greater Noida. b) The employee concerned will have to furnish an Undertaking-cum-Indemnity bond, thereby indemnifying GAIL against any loss/damage/third party claims/legal proceedings, etc. arising out of any adverse development in future. The proformas for same are attached at Annexure-A. c) The copy of the modified license agreement to be executed in such cases is attached at Annexure-B. d) Cases of self-lease to be allowed on obtaining an undertaking from the employee that he is actually residing in the flat/house. 3) Other terms and conditions governing the Company/Self-lease facility remain unchanged. 4) This is issued with the approval of the Competent Authority. Shantonu Mitra Senior Manager (HR-Policy & ER)
INDEMNITY BOND FOR COMPANY LEASE THIS DEED OF INDEMNITY is made on this.. day) of..(month) (Year). BY Mr./Ms S/o/D/o..aged about Years, working as.with GAIL India Ltd, R/o which expression shall unless repugnant to the context thereof shall include its legal representatives, assigns etc) and is hereinafter referred to as the INDEMNIFIER IN FAVOUR OF M/s GAIL (India) Ltd, which expression shall, unless repugnant to the context thereof shall include their legal representatives, assigns etc. having its Registered Office at 16, Bhikaiji Cama Place, R. K. Puram, New Delhi- 110066, hereinafter referred to as GAIL Whereas (for e.g. Noida/Greater Noida Authority) has executed a duly registered Lease Deed dated in perpetuity in favour of a Builder.(Details) (Principal Lease Deed enclosed herewith as Annexure 1) from whom the said Premises/Flat/Apartment have been taken on sub Lease by the Licensor, Shri/Smt..after complying with the Terms and Conditions as stipulated in the Principal Lease Deed pending formal execution and registration of the Sub Lease Deed in favour of the Licensor, Shri/Smt..(Possession Certificate and Agreement to execute a Sub Lease Deed, Payment Receipt annexed herewith as Annexure 2), the Indemnifier wishes to avail the Company Lease Facility being an employee of GAIL pertaining to the above said Premises/Flat/Apartment. Whereas GAIL has agreed to extend such facility to the Indemnifier (its employee) under its prevalent Policy, in lieu thereof the Indemnifier unequivocally agrees to fully indemnify and keep GAIL indemnified against any Loss, damage or third party claims arising on account of or under the above said License Agreement. NOW THEREFORE, this deed of Indemnity witnesseth as under:- 1. The Indemnifier undertakes that the Licensor has complied with all the Terms and Conditions as stipulated in the Principal Lease deed and has made full payment to the Builder for the premises involved in the License Agreement. 2. The Indemnifier further undertakes that the Licensor shall ensure to make all possible efforts together with the Builder for the execution of a duly registered Sub Lease Deed in its favour within a period of 1 Year from the date of execution of the License Agreement by GAIL. 3. The said Indemnity is executed for the purpose of extending the facility of Company Lease alone pertaining to premises/flats/apartments as mentioned above and the execution of the said Indemnity by the Indemnifier shall not in any way affect or absolve the liability of the Indemnifier arising under the House Building Advance Rules or any other similar Rules in this regard. 4. The Indemnifier hereby unconditionally and irrevocably covenant to indemnify and keep GAIL indemnified from and against all losses, risk, penalties, damages, liabilities, third party Claims, legal proceedings etc. arising out of or in relation to the
execution of such License Agreement, whether arising directly or indirectly and in the event of any such claim or loss caused to or incurred by GAIL, the Indemnifier hereby undertakes to compensate GAIL forthwith on demand, without protest or demur, any loss suffered by GAIL together with any direct or indirect expenses incurred. 5. Notwithstanding the Terms and Conditions as set out in the License Agreement, the Indemnifier shall indemnify and hold GAIL and/or any of the aforesaid Employees, harmless from and against any Loss, damage and/or expense arising out of any such claim as stated in Para 4. 6. The Indemnifier further undertakes that in the event of failure on the part of the Indemnifier to indemnify GAIL within a period of 7 days, GAIL shall be entitled to make good any losses, risk, penalties, damages, liabilities, third party Claims, legal proceedings etc arising under the said License Agreement, from the dues payable to the Indemnifier by GAIL. The Indemnifier further undertakes that such deduction shall not be agitated by the Indemnifier and the decision of GAIL with regards to such deduction shall be final and binding on the Indemnifier. 7. The Indemnifier further undertakes that any development/change or alteration in the current scenario for e.g. cancellation of principal Lease Deed in favour of the Builder by (Noida/Greater Noida Authority) or issuance of any Notice/Demand Letter by the Builder/Licensor shall be forthwith communicated to GAIL. On receipt of any such communication of any action initiated by the (Noida/Greater Noida) Authority/Builder/Licensor against the Indemnifier, GAIL shall be entitled to forthwith terminate the License Agreement executed by it in favour of the Indemnifier without any Notice at the risk and cost of the Indemnifier. 8. Any first demand/claim made by GAIL shall be final and binding upon the Indemnifier and the Indemnifier shall without any protest or demur indemnify and keep GAIL indemnified against any such Claims, liability, proceedings etc. by any third party including but not limited to damages, penalties or other Cost and expenses etc. of whatsoever nature arising out of or in relation to any act or omission/negligence/mistake/misconduct/breach or default or non-fulfilment of the Terms and Conditions of the Agreement pertaining to Claims as stated in Para 1 above. 9. This Indemnity shall remain valid and irrevocable for all Claims of GAIL arising from any such case or Court Case filed for which GAIL or its employees has been made party until now or hereinafter. 10. This Indemnity shall not be discharged/revoked by any change/modification/amendment/ in the Terms and Conditions of the License Agreement or any conditions thereof including insolvency etc. of the Indemnifier but shall be valid in all respects and for all purposes be binding and operative until any claims for payment of GAIL are settled by the Indemnifier. The undersigned has full power to execute this Indemnity Bond and the same shall stand valid. SIGNED BY EMPLOYEE (Concerned) PLACE: DATED:
INDEMNITY BOND FOR SELF LEASE THIS DEED OF INDEMNITY is made on this..(day) of..(month) (Year). BY Mr./Ms S/o/D/o..aged about Years, working as.with GAIL India Ltd, R/o which expression shall unless repugnant to the context thereof shall include its legal representatives, assigns etc.) and is hereinafter referred to as the INDEMNIFIER IN FAVOUR OF M/s GAIL (India) Ltd, which expression shall, unless repugnant to the context thereof shall include their legal representatives, assigns etc. having its Registered Office at 16, Bhikaiji Cama Place, R. K. Puram, New Delhi- 110066, hereinafter referred to as GAIL Whereas.(Noida/Greater Noida Authority) has executed a duly registered Lease Deed dated in perpetuity in favour of a Builder.(Details) (Principal Lease Deed enclosed herewith as Annexure 1) from whom the said Premises/Flat/Apartment have been taken on sub Lease by the Indemnifier after complying with the Terms and Conditions as stipulated in the Principal Lease Deed pending formal execution and registration of the Sub Lease Deed in favour of the Indemnifier (Possession Certificate and Agreement to execute a Sub Lease Deed, Payment Receipt annexed herewith as Annexure 2), the Indemnifier wishes to avail the Self Lease Facility being an employee of GAIL pertaining to the above said Premises/Flat/Apartment. Whereas GAIL has agreed to extend such facility to the Indemnifier (its employee) under its prevalent Policy, in lieu thereof the Indemnifier unequivocally agrees to fully indemnify and keep GAIL indemnified against any Loss, damage or third party claims arising on account of such Self Lease facility extended by GAIL. NOW THEREFORE, this deed of Indemnity witnesseth as under:- 1. The Indemnifier undertakes that he/she has complied with all the Terms and Conditions as stipulated in the Principal Lease deed and has made full payment to the Builder for the premises. 2. The Indemnifier further undertakes that he/she shall ensure to make all possible efforts together with the Builder for the execution of a duly registered Sub Lease Deed in his/her favour within a period of 1 Year from the date of approval of the Self Lease facility by GAIL. 3. The said Indemnity is executed for the purpose of extending the facility of Self Lease alone pertaining to premises/flats/apartments as mentioned above and the execution of the said Indemnity by the Indemnifier shall not in any way affect or absolve the liability of the Indemnifier arising under the House Building Advance Rules or any other similar Rules in this regard. 4. The Indemnifier hereby unconditionally and irrevocably covenant to indemnify and keep GAIL indemnified from and against all losses, risk, penalties, damages, liabilities, third party Claims, legal proceedings etc. arising out of or in relation to non-execution of Sub Lease Deed with Builder, whether arising directly or indirectly
and in the event of any such claim or loss caused to or incurred by GAIL, the Indemnifier hereby undertakes to compensate GAIL forthwith on demand, without protest or demur, any loss suffered by GAIL together with any direct or indirect expenses incurred. 5. The Indemnifier further undertakes that in the event of any loss, risk, penalties, damages etc. to GAIL and in the event of failure on the part of the Indemnifier to indemnify GAIL within a period of 7 days, GAIL shall be entitled to make good any losses, risk, penalties, damages, liabilities, third party claims, legal proceedings etc. from the dues payable to the Indemnifier by GAIL. The Indemnifier further undertakes that such deduction shall not be agitated by him/her and the decision of GAIL with regards to such deduction shall be final and binding on the Indemnifier. 6. The Indemnifier further undertakes that any development/change or alteration in the current scenario for eg:- cancellation of principal Lease Deed in favour of the Builder by..(noida/greater Noida Authority) or issuance of any Notice/Demand Letter by the Builder shall be forthwith communicated to GAIL. On receipt of any such communication of any action initiated by the.. (Noida/Greater Noida Authority)/Builder against the Indemnifier, GAIL shall be entitled to forthwith cancel the Self Lease Facility extended to the Indemnifier without any Notice at the risk and cost of the Indemnifier. 7. Any first demand/claim made by GAIL shall be final and binding upon the Indemnifier and the Indemnifier shall without any protest or demur indemnify and keep GAIL indemnified against any such claims, liability, proceedings etc. by any third party including but not limited to damages, penalties or other cost and expenses etc. of whatsoever nature arising out of or in relation to any act or omission/negligence/mistake/misconduct/breach or default or non-fulfilment of the Terms and Conditions of the Agreement pertaining to Claims arising under Para 1 above. 8. This Indemnity shall remain valid and irrevocable for all claims of GAIL arising from any such case or Court Case filed in which GAIL or its employees has been made party until now or hereinafter. 9. This Indemnity shall not be discharged/revoked by any change/modification/amendment/ in the Terms and Conditions of the Self Lease or any conditions thereof including insolvency etc. of the Indemnifier but shall be valid in all respects and for all purposes be binding and operative until any claims for payment of GAIL are settled by the Indemnifier. The undersigned has full power to execute this Indemnity Bond and the same shall stand valid. SIGNED BY EMPLOYEE (Concerned) PLACE: DATED:
THE LICENSE AGREEMENT This agreement is made this day of (month), (year) between Mr./ Ms., S/o D/o, R/o (hereinafter called the LICENSOR which expression shall include his/her heirs, successors, legal representatives) on the One part and GAIL (India) Limited, (herein after called the LICENSEE which expression shall include its successors, administrators and legal representatives) on the Other part. Whereas the LICENSOR represented that he/she has leasehold interest/ownership right in the property described below (hereinafter referred to as the licensed premises). Address : Consisting of : S.No. Room Type No. 1. Drawing/ Dining room 2. Bed rooms 3. Kitchen 4. Toilet/ Bathroom 5. Balcony 6. Terrace 7. Garage 8. Study Room And whereas the LICENSOR hereby agrees to give the said premises to the licensee on the terms and conditions herein contained NOW THIS DEED WITNESSETH AS FOLLOWS : 1. That the LICENSEE shall pay to the LICENSOR for the said premises license fee of Rs. /- (Rupees only) per month in advance. The License fee shall be payable on or before the 15th of each English Calendar month by e- banking. 2.* The LICENSEE shall pay to the LICENSOR a sum of Rs. /- (Rupees only) as advance licence fee equivalent to three months licence fee, which will be recoverable in six monthly instalments commencing from the month. 3.* In the event of LICENSEE terminating the licence before full adjustment of advance, the amount will be refunded to the LICENSEE by the LICENSOR, at the time of termination of the licence. * : applicable only in respect of Fresh Lease cases 4. That the license has been executed for a period of (months) commencing from to and the license fee shall become payable from the same date. The licence can, however, be terminated by the LICENSEE/ LICENSOR before expiry of the licence period, on giving advance notice of 30 days in writing to the other party. The licence can be extended for a further period of (months) on the same terms and conditions mutually agreed by both the parties. 5. That the LICENSEE shall pay for electricity (power & light) and water charges according to the bills of the local authorities.
6. That the LICENSEE shall not sublet assigns or part with the premises in part or whole without prior written consent of the LICENSOR. 7. That the LICENSEE at the time of occupation shall ensure that all the sanitary, electrical and other fittings and fixtures are in working order and nothing is broken or missing (fair wear and tear being accepted). 8. That the LICENSEE shall use the premises for the residence of its employee, Mr./ Ms., Designation, GAIL, and his family members, relatives, friends and servants only and the employee/ occupant shall inform the Company in writing atleast one month in advance of his intention to vacate the premises. 9. That the LICENSEE shall permit the LICENSOR or any of his authorized agents/representatives to enter upon the said premises after reasonable notice and at reasonable time for the inspection and repair of the premises and fittings as and when necessary, provided a prior appointment is fixed with the LICENSEE for this purpose. 10. That the LICENSOR shall pay all local taxes of any kind whatsoever including house tax & ground licence fee, as are or may hereinafter be assessed on the demised premises by the municipality or any other statutory authorities whatsoever, provided the premises are used for residence only. 11. That the LICENSEE shall comply with all the rules & regulations of the local authorities whatsoever with relation to the use and occupation of the demised premises. 12. That the LICENSEE shall not make any structural additions or alterations in the said premises without the written permissions of the LICENSOR but can install airconditioner, refrigerators etc. 13. That the LICENSOR shall indemnify the LICENSEE for any loss or damage caused on account of defect in right, title or interest of the LICENSOR in the demised premises. 14. That on the expiry of the license period, the LICENSEE shall hand over peaceful and vacant possession of the said premises to the LICENSOR with all the fittings and fixtures intact and working order (fair wear and tear being accepted). 15. That the LICENSOR shall carry out distempering, polishing, painting etc. every two years. 16. That day-to day minor repairs such as fuses, leakage of water/taps etc. shall be done by the LICENSEE at his own cost but all other replacements/repairs such as leakage of electricity, pipes sewage cracks, fittings etc. shall be done by the LICENSOR at his own cost. IN WITNESS WHEREOF THE LICENSOR AND THE LICENSEE HAVE HERE UNTO SUBSCRIBED THEIR HANDS. LICENSOR Witness 1. 2. LICENSSEE Witness 1. 2.
Clauses to be incorporated in the License Agreement, where Non- AdjustableSecurity Deposit is allowed to the Landlord 2. The LICENSEE shall pay to the LICENSOR a sum of Rs. /- (Rupees only) as Non-adjustable Security Deposit equivalent to months license fee. 3. In the event of LICENSEE terminating the license or on expiry of the license, LICENSORshall refund full amount of Non-adjustable Security Deposit to the LICENSEE.