ORISSA STATE CIVIL SUPPLIES CORPORATION LTD., DISTRICT OFFICE. AGREEMENT WITH PACS FOR PROCUREMENT OF PADDY ON BEHALF OF THE OSCSC LTD DURING KHARIF MARKETING SEASON 2009-10. This deed of agreement is made on day of 2009. Between Primary Agriculture Co-operative Society, District represented through its Secretary Sri, aged about, son of, At, PO, PS, District, here in after called as 1 st party (on the one part) A n d Orissa State Civil Supplies Corporation represented through the District Manager, OSCSC Ltd, District, which expression shall mean and include where the context so admits its successors in office and assigns of the other part. Now these present, witness and parties hereto hereby mutually agree as follows: Clause-I-Definition: (a) Government means the Government of Orissa in Food Supplies and Consumer Welfare Department. (b) Corporation means the Orissa State Civil Supplies Corporation Ltd, [OSCSC Ltd.] C/2, Nayapalli at Bhubaneswar. (c) District Manager means the District Manager of the Orissa State Civil Supplies Corporation of a concerned Revenue District in the state of Orissa. (d) Collector means the Collector and District Magistrate of the Revenue district concerned in the State of Orissa. (e) Managing Director means the Managing Director of the Orissa State Civil Supplies 1
Corporation or any officer authorized by him in writing on his behalf for any specified work to take on his behalf. (f) Contract means this agreement and such general and special conditions as may be added to it mutually agreed by the PACS and the District Manager of the Corporation from time to time. (g) PACS means the Primary Agriculture Co-operative Society. (h) Custom Miller means the miller appointed as such by the District Manager after due approval by District Collector. (i) Godown means the godown belonging to Corporation or godown hired by Corporation for storing. (j) Paddy purchase Centre (PPC) means the place where the PACS will purchase paddy on behalf of the OSCSC Ltd, which includes the storage place for interim storage of paddy. (k) Purchase Officer means an Officer designated by the District Manager of OSCSC Ltd after due approval by District Collector. (l) Authorized Officer means any Officer designated as such by the Corporation / District Manager / Collector for specific purpose. (m) Transport Contractor means a person, firm or company appointed by the Managing Director or the District Manager of the OSCSC Ltd. (n) Stock means the FAQ / URS paddy. (n) Paddy includes FAQ and URS paddy of Grade- A and Common variety as specified by the Government of India. (o) Food and Procurement Policy means the Food and Procurement Policy for the KMS 2009-10 of the Government of Orissa in FS & CW Department. (p) CAP storage means covered and plinth storage of paddy. (q) Secretary means the Secretary of the PACS. Clause-II-Objective of the contract: As per the Food and Procurement Policy for the KMS 2009-10, the Corporation will procure paddy from farmers especially small and marginal farmers through the PACS at the PPC to be operated by them. The PACS will act as Commission Agent of the Corporation for procurement of FAQ / URS paddy. 2
Clause-III-Duration of contract: The contract shall come in to force with effect from the date of execution of this agreement and shall remain in force till 30.09.2010. This agreement may be extended for further period as will be mutually agreed by both the parties on the same terms and conditions or as per the direction of the Government. Corporation and PACS reserve the right to terminate the contract at any time during its currency on mutually agreed terms. Clause- IV. Terms & Conditions: (A) Responsibilities of 1 st Party (PACS) (i) The PACS will act as a commission agent for procurement of FAQ / URS paddy from the farmers on behalf of the OSCSC.Ltd. (ii) The PACS shall purchase only FAQ / URS paddy from genuine farmers. (iii) In no case the Corporation will accept non-faq / non-urs paddy. The Corporation shall in no way responsible for purchase of substandard paddy. (iv) The PACS will open and operate paddy Purchase Center (PPC) at the places as per the decision of the Govt. / Collector of the district. (v) The PACS shall make adequate publicity about the day & timing of operation of PPC & area tagged to each PPC. (vi) The PACS will engage adequate manpower for proper functioning of PPC. (vii) The PACS will have infrastructure such as weighing scale, moisture meter, analysis kit, mini grader etc. at PPC for proper weighment and quality analysis of the paddy brought by the farmers. (viii) The PACS shall be responsible for engagement of labourers or to engage labour contractors for weighment of paddy purchased in the PPC. Quality analysis and weghment of stock shall be made in presence of the Farmer, Millers Representative & Purchase Officer / authorised Officer. (ix) The PACS shall engage SHGs / Pani Panchayats / Private Contractors for cleaning of paddy, if required, before purchase at the rate fixed by the Collector, which shall be borne by the farmers. (x) The PACS shall be responsible for quality checking of FAQ / URS paddy purchased 3
from farmers. In case of any ambiguity regarding quality norm, the PACS shall have the responsibility to improve the same before delivery. (xi) The PACS shall provide the services such as unloading of paddy from the farmers vehicles, quality analysis, weighment and stacking, if required, for interim storage. For this they will be paid with a part of the Mandi Lahour Charges. (xii) The purchase of FAQ / URS paddy as provided under the Food and Procurement Policy of the Food Supplies & Consumer Welfare Deptt. for the KMS 2009-2010 shall be made by PACS from genuine farmers basing on their proper identification documents like Kissan Credit Card (KCC), Land Pass Book, Record of Right (ROR) / EPIC / Farmer s Identity Card (FIC) duly issued / renewed by the competent authority. (xiii) The PACS shall issue a Token to a farmer on his arrival at PPC mentioning Sl No. (running serial No.), date, name of the farmer, paddy in bags, signature of PPC incharge to regulate quality analysis, weighment of stock in a systematic manner. (xiv) Accounts of purchase of FAQ / URS paddy has to be maintained in the prescribed registers & documents, i.e. Vendor Receipt, Purchase Register etc., which shall be provided by the OSCSC Ltd. (xv) PACS shall issue Vender Receipt to the farmers on actual purchase of FAQ / URS paddy. (xvi) PACS shall make payment of MSP to the farmers through Accounts payee cheque/ on line transfer on the same day of purchase of paddy. (xvii) Acknowledgement on receipt of cheques by the farmers has to be maintained in the purchase register for periodical checking and for future reference. (xviii) The PACS shall maintain two sets of purchase registers for each PPC to facilitate online entry of transactions on daily basis. (xix) The registers, documents and the purchase of paddy can be inspected by the Officer of the OSCSC Ltd or Officers of the Government or Officers of the concerned district as will be decided by the Collector as and when required. (xx) The FAQ / URS paddy so purchased by the PACS shall be delivered to the Purchase Officer or authorized officer of the OSCSC Ltd. on the same day with due acknoweldgement. (xxi) The PACS shall make necessary arrangement for interim storage of paddy at least for 4
three days from the day of purchase of paddy, with watch & ward facility at PPC. The PACS shall offer to lift the stock by the Corporation of a minimum quantity of 40 qtl. / 80 bags of paddy, to be transported in a mini truck. (xxii) In case the paddy is not lifted by the Corporation within 3 clear days of purchase of paddy, proportionate custody maintenance as per the economic costing of the Government of India shall be paid to the PACS for subsequent period of storage till its final lifting by OSCSC Ltd. The PACS is responsible for quality and quantity of paddy kept for interim storage. No shortage is allowed for such interim storage, provided that in case of natural calamity or unforeseen circumstances the cost of damage shall be equally shared by the Corporation & PACS. (xxiii) Paddy shall remain in the custody of the PACS till its delivery to the purchase officer / authorized officers of the OSCSC Ltd as specified in Para- (xx), (xxi) and (xxii). (xxiv) PACS shall maintain separate Cash Book for procurement operation, which can be verified and referred by the OSCSC Ltd as and when required. (B) Responsibilities of OSCSC Ltd.: (i) (ii) (iii) (iv) The funds towards cost of FAQ / URS paddy shall be placed by the OSCSC Ltd to the PACS through the Orissa State Co-operative Bank. The Orissa State Cooperative Bank will provide the funds to PACS through DCCB as per the requirement. The Corporation will receive only FAQ & URS paddy from the PACS. The paddy will be received on the same day or within 3 clear days from the date of purchase by the PACS with reference to Para- (xx), (xxi) and (xxii) of Clause-IV(A). The Corporation shall pay the Commission on the actual quantity of paddy purchased by PACS as per stipulations made in the economic costing under the head Commission to Society prescribed by Government of India for the KMS-2009-10 under decentralized paddy procurement scheme. The payment of Commission @ Rs. 23.75 per quintal, Mandi Labour charges @ Rs. 4.50 per quintal for all the services at the market yard except loading of paddy to the vehicles of the custom millers, administrative charges @ Rs. 1.75 per quintal and a part of the custody maintenance for storage of paddy beyond three days of purchase of paddy, if required, shall be made by the District Manager at the district level basing on the paddy received from PACS as per the Transit Pass-cum-Acceptance 5
Note. The claims shall be settled on monthly basis. The District Manager shall release the claims within seven days from the date of receipt of claims.. Clause-V-Arbitration: It has been mutually agreed by both the parties that in the event of any dispute covering or arising out of this contract / agreement the same shall be referred to Arbitrators. The Commissioner-cum-Secretary, F.S. & C.W., Department and Commissioner-cum-Secretary, Co-operative Department, Government of Orissa shall act as Arbitrators for adjudication and decision on the disputes. The decision / award of the Arbitrators shall be final and binding on both the parties. This agreement is made in two copies, one copy each to be retained by each party. In witness whereof the parties hereto have put their hands and seals on the dates respectively given against their signatures. (Signature) (Signature) District Manager (Seal) Secretary PACS (Seal) Witness Witness 1. (Signature) 1. (Signature) S/o. S/o Address Address 6