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NOW
THIS INDENTURES WITNESS and the parties here to hereby agree
as follows:-
CLAUSE-1:
SSSNNL
hereby grants the permission to the Licensee to draw water
from Narmada Main Canal \ Canal in phased manner as under
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Sr.
No.
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Phase
No.
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Drawl
w.e.f. date
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Quantum
of water permitted for drawl in MLD
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2
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II
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ULTIMATE
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on
the hereafter appearing terms and conditions. The Licensee
shall construct and maintain the head works for drawing
from HR @ Ch. ________ NMC/Canal and other required structures
at suitable places as approved by the Government or its
authorised Officer at their risk and cost and shall provide
all ancillary arrangement that may be necessary in connection
with drawal and conveyance of water required for the use
of Licensee near village _________ in _________Taluka
of ____________ District.
The
intake structure shall be open to inspection by SSNNL
and SSNNL shall exercise necessary control.
CLAUSE-2:
The
Licensee shall install and maintain at its own cost the
pipeline and other requirements necessary for conveying
Water from the source of supply to the place of actual
industrial use. The expenditure towards the drawl of water
i.e. creation of storage reservoir, installation of pumps,
pipelines, Meters and all other requirements in connection
with the drawl of water, shall be borne by the Licensee.
CLAUSE-3:
The
Licensee shall draw water directly from Canal to the extent
of permitted quantity of water as per Clause-1
in Million Litre per day throughout 330 days in a year
and maximum up to ultimate permitted quantity of
water in Million Litres per day as may be required
for the optimum plants capacity under operation from time
to time. It would be permissible for the Licensee to increase
the intake up to ( 1.50 times the permitted quantity
of drawl of water in ) Million Litres per day
for a period not exceeding one month, with approval of
the designated Chief Engineer of SSNNL to facilitate the
filling of the Licensee's storage reservoir before closure
of the canal. In case of normal closure of canal, SSNNL
give intimation to the licensee two weeks in advance.
However in case of any emergency this stipulation of a
two week's notice shall not apply.
Clause on ordinary closure for maintenance:
Ordinarily the canal may be closed for a period 30 days
in a year for maintenance.
CLAUSE-4:
- The
Licensee agrees to bear the cost herein below detailed
that may be apportioned between the beneficiaries on pro
rata basis of their demands, on account of remodeling
that might be required to meet the total requirements
of the beneficiaries. The cost of remodeling shall also
include cost of preparation of plans, estimates and scrutiny
thereof etc. as suggested by SSNNL. The total Cost of
strengthening and remodeling of ________ canal is Rs.
____________ plus supervision charges @ 10% of the estimated
amount i.e. total Rs. __________ at present out of which
the share of the Licensee is estimated as Rs. ___________
The Licensee shall deposit this amount of Rs. __________
in advance to enable the SSNNL to take up this entire
work on priority basis. The licensee shall pay the balance
amount on the basis of actual expenditure within 15 days
after the work is completed. Similarly if the actual construction
cost is less than amount deposited, the account will be
settled by refunding such saving to the Licensee by SSNNL.
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The Licensee shall be allowed to draw the water only after
he pays up the entire apportioned cost in ( 1 ) above
in advance.
CLAUSE-
5:
The
Licensee shall pay a license fee at the rate Rs. 5,001/-
per year or at such rates as may be fixed by SSNNL/Government
from time to time in that behalf so long as the agreement
remains in force.
The Licensee shall pay minimum w.e.f. the proposed and
approved date of drawl at normal rate for the quantity
of water reserved (permitted for drawl) whether licensee
draws it or not and if actually drawn is in excess of
approved demand as measured in the manner provided under
clause 8 below the licensee shall pay at the rates and
the terms given below:-
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The Licensee shall pay a fixed charge called the reservation
charge of Rs. 5,000/- (Rs. Five thousand only ) annually
in addition to the normal water charges to be paid as
per sub-clause ( ii ) immediately succeeding. These charges
shall be paid in the first week of April every year regardless
of the quantity of water drawn.
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The normal water rates for the water actually drawn shall
be such rate as may be decided by the Govt./SSNNL for
the period from April to March. Upon the bill amount remaining
Outstanding for more than 3 months, an interest at the
rate of 2.5 percent above the average cost of borrowing
of SSNNL during those years shall be chargeable on the
Licensee.
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The reservation Charges and the water rates so fixed shall
be revised on 1st April every year. The rate fixed by
SSNNL shall be exclusive of the cost of pumping, conveying
etc. of water from the source.
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The charges as mentioned in sub-clause (ii) above shall
be paid in advance by the Licensee before 10th day of
each month calculated as per the estimated requirements
of water for the month. (i.e. approved quantity in MLD
X Nos. of days in a month) The minimum bill for reserved
quantity at normal rate will be prepared and served. However,
if the actual utilisation is in excess of approved demand
the bills as per actual shall be prepared every month
and served on the Licensee for payment thereof. The difference
between the amount of advance & the actual bill amount
shall be paid by the licensee within 15 days of receipt
of bill.
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If the arrears of water charges referred to above accumulate
for more than six months, SSNNL shall be at liberty to
disconnect License to draw water from source and it shall
be incumbent on the Licensee to do so and in case of default
SSNNL may take action to stop entry into the intake area.
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If the measuring devices referred to in clause 8 below
ceases to function or goes out of order in any month,
the charges leviable in respect of that month shall be
the highest of the minimum charges for the entire reserved
quantity and the average quantity of water drawn in the
preceding three months ( These "3 months" shall
be considered "the months" in which drawl of
water is there at least for 25 days or more) or the quantity
of water drawn in the same month of the preceding year
provided that there has been no increase in capacity of
plant/plants and the corresponding requirements thereof
during such period and the Licensee has not diverted such
water in the standby storages. If the capacity of the
plant/plants has increased during such period, or water
is diverted to standby storages the quantity of water
drawn shall be correspondingly enhanced on pro rata basis
to the extent the increase in plant capacity and the quantity
of water diverted to stand bye storages. For the purpose
of such estimation, the Licensee shall furnish necessary
data to SSNNL or officials nominated by SSNNL whose decision
in the matter shall be final and binding on the Licensee.
CLAUSE
- 6
The
work of delivery pipe line at canal crossings shall be
carried out by the Licensee either by boring method or
by open excavation method. In case of existing canal the
Licensee shall adopt boring method ( or say cut &
push method) and in all other cases, Licensee shall adopt
open excavation method. The terms and conditions for carrying
out likely canal crossing works shall be as under :
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BY BORING METHOD
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The "Licensee" shall pay Rs. (As per prevailing
norms of SSNNL) per canal crossing as security deposit
towards the task of laying of said pipe line and such
other ancillary works. The Licensee shall pay to the said
Executive Engineer the above mentioned security deposit
in the form of Demand Draft in favour of the Executive
Engineer from any Nationalized Bank. This deposit shall
be refunded only after completion of crossing by the Licensee
and satisfactory restoration of canal.
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The Licensee shall pay to SSNNL as annual charge 1% of
estimated cost of crossing i.e.Rs. ________ per crossing
or as decided by SSNNL from time to time for pipe line
laid across the canal land width every year on or before
15th April. Such crossing shall be allowed only in respect
of canals other than Main Canal and Branch Canal.
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The amount of security deposit shall be forfeited by the
said Executive Engineer for breach of agreement.
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BY OPEN EXCAVATION METHOD
- The
Licensee shall pay as security deposit Rs. (As per prevailing
norms of SSNNL) per canal crossing towards the task of
laying of said pipe line and such other ancillary works.
The Licensee shall pay to the said Executive Engineer
the above said security deposit in the form of Demand
Draft in favour of the Executive Engineer from any Nationalized
Bank. The deposit shall be refunded after satisfactory
completion of work by the Licensee.
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The Licensee shall pay to SSNNL as annual charge 1% of
estimated cost of crossing Rs._________ per crossing or
as decided by SSNNL from time to time for pipe line laid
across the canal land width every year on or before 15th
April. Such crossing shall be allowed only in respect
of canals other than Main Canal and Branch Canals.
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The amount of security deposit shall be forfeited by the
said Executive Engineer for breach of agreement.
CLAUSE
- 7
In
case of leakage / damage to the water supply line of Licensee
and such other ancillary works thereby causing any damages
to the crop or land of the adjoining field owners or Khatedars,
the responsibility to make good such damage and to pay
any compensation towards public and private property /
interests shall rest with the Licensee. Damage to canal
works of SSNNL / Govt. if any shall also be got repaired
and made good by SSNNL at the cost of the Licensee.
CLAUSE-
8
A
suitable measuring mechanical or hydraulic or electronic
device shall be installed by the Licensee at a suitable
place without disturbing canal system and in consultation
with and with approval of SSNNL for measuring the quantity
of water drawn by Licensee. The cost of intake structure,
measuring device, its installation & repairing and
periodic or specific calibration shall be borne by the
Licensee. The inventory of spare parts as jointly decided
by SSNNL and the Licensee shall be kept by Licensee in
his store so that, the repairs can be got done urgently.
The measurement of the quantity of water drawn shall be
taken jointly by the representatives of SSNNL and of the
Licensee every month. Data / record of measurement shall
be kept in a register. All such entries shall be countersigned
by SSNNL's officer. The measuring device shall be installed
in such a way that its inspection can be done by the officer
nominated by SSNNL. The Licensee shall at all reasonable
times allow SSNNL's officer to supervise / inspect the
worksite.
CLAUSE-
9
If
the measuring device referred to in the clause immediately
preceding this clause ceases to function or goes out of
order, the Licensee shall as and when such occasion arises
get necessary repairs done and restore the same to its
original position or replace the same if so found necessary
as required by the M.D, SSNNL or officer nominated by
him within one month of its going out of order.
CLAUSE-
10
Water
drawn by the Licensee from the canal shall be used only
for the purpose for which permission is granted to him
and such use shall be confined to the legitimate requirements,
of the Licensee. The Licensee shall not draw water from
the canal for sale or supply to any person, firm, company
or other body by whatever name called without prior approval
of SSNNL. Such drawl of water shall be considered unauthorised
and shall be subject to such penal charges as may be determined
by the Executive Engineer.
CLAUSE-11
- The
grant of the permission to draw water under this agreement
shall not mean any assurance to the Licensee regarding
quality and availability of quantity of water as per the
requirements of the Licensee. The Licensee shall not be
entitled to any compensation for non-availability of the
reserved quantity of water on account of reasons beyond
the control of SSNNL. It shall be incumbent on the Licensee
to make its own arrangement to meet its requirements of
water during the period the canal is closed on account
of repairs or accidental breach.
- If
the special measures for conserving the water and reducing
the losses of evaporation and seepage are found necessary
in scarcity years, the expenses on this account will be
borne by the Licensee.
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The licensee is permitted to draw annually 365 X ____
MLD = ______ MLD. However, if during the year actual drawl
is 10% more than the permitted quantity, licensee shall
have to revised his demand on or before 31st of December
& get it approved from the SSNNL.
If demand is not revised as clarified, any drawl in excess
of approved quantum after 1st April (Forthcoming year)
shall be considered as unathorised drawal and penal rates
of extra maximum twice of the normal rate shall be charged
for such excess and the licensee shall pay accordingly.
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The licensee is free to request on or before 31st December
for decreasing approved demand. In this case w.e.f. 1st
April onwards on the following year the licensee shall
be charged on the basis of revised demand as per stipulated
terms & condition of billing & payment in the
agreement entered into.
CLAUSE-12
Permission
granted in this agreement shall not in any manner prejudicially
affect the existing water rights vested in the riparian
owners or shall it in any way prejudice the rights of
SSNNL to launch any new scheme or schemes in public interest
in future in connection with water for Industrial use
for which the Licensee is permitted to draw water. This
should be done without disturbing canal system.
CLAUSE-13
The
drawl of water under this agreement by the Licensee shall
be subject to the provision of the Bombay Irrigation Act,
1879 and the rules made there under as in force and as
may be modified from time to time and orders that may
be passed or issued in that behalf by the Government/
SSNNL from time to time.
CLAUSE-14
An
amount of Rs. 50,000/- (Rupees Fifty thousand only) shall
be initially deposited by the Licensee with SSNNL as security
deposit for due performance of the terms of this agreement.
The deposit shall be in the form of Narmada bond/ Shree
Nidhi deposits with three years maturity period or in
any other instrument as may be specified by SSNNL and
shall be pledged by the Licensee in favour of SSNNL.
CLAUSE-15
DISPUTE
RESOLUTION
Any dispute or differences arising out of this agreement
shall be resolved in the following manner:-
15.1 Amicable Resolution
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Save where expressly stated to the contrary in this
Agreement, any dispute, difference or controversy of
whatever nature howsoever arising under, out of or in
relation to this Agreement between the Parties and so
notified in writing by either Party to the other (the
"Dispute") in the first instance shall be
attempted to be resolved amicably in accordance with
the procedures set forth in Sub-clauses (ii), (iii)
and (iv) below.
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In the event of any Dispute between the Parties, either
Party may require such Dispute to be referred to the
Authorised Representatives of both Parties, and the
two Parties shall meet within a period of seven (7)
days of the date of such request to discuss and attempt
to resolve the Dispute amicably. If such Dispute is
not resolved by the efforts of the parties within fifteen
(15) days, either Party may refer the dispute to a conciliator
in accordance with the provisions of Sub-clause (iii).
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The Parties shall agree on a sole conciliator, unless
the Parties agree that there shall be two or three conciliators,
which shall assist the Parties in an independent and
impartial manner in their attempt to reach an amicable
settlement of their Dispute. Such conciliation shall
be subject to the provisions of the Arbitration and
Conciliation Act, 1996.
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The settlement agreement shall have the same status
and effect as if it is an arbitral award on agreed terms
on the substance of the dispute rendered by an arbitral
tribunal.
- The
venue of such conciliation shall be Gandhinagar, Gujarat
and the language for such conciliation shall be English.
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The Parties shall not initiate, during the conciliation
proceedings, any arbitral proceedings in respect of
a Dispute that is the subject matter of the conciliation
proceedings, except where in the opinion of the Party
such proceedings are necessary for preserving its rights.
15.2.
Arbitration
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Any Dispute, which is not resolved amicably as provided
in Clause 15.1 within a period of forty-five (45) days
from the date on which one Party notified the other
Party of the Dispute, shall be finally decided by reference
to arbitration by a Board of Arbitrators, appointed
pursuant to paragraph (ii) below. Such arbitration shall
be subject to the provisions of the Arbitration and
Conciliation Act, 1996.
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There shall be a Board of three arbitrators of whom
each Party shall select one arbitrator and the two arbitrators
so appointed shall appoint the third arbitrator who
shall act as the presiding Arbitrator.
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The Board of three arbitrators shall issue a reasoned
award, which shall be binding on the Parties.
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The venue of such arbitration shall be Gandhinagar,
Gujarat and the language of such arbitration shall be
English.
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The fee of arbitrator shall be shared in equal proportion
between the licensee & SSNNL.
JURISDICTION
the agreement is subject to jurisdiction of the Gujarat
High Court, Ahmedabad.
CLAUSE-16
The
Licensee shall have to make its own arrangement for storing
its water requirement of about 15 days. The Executive
Engineer shall ordinarily inform Licensee in advance about
the period of closure of the canal for any reason.
CLAUSE-17
The
Licensee shall arrange at its own cost to discharge the
trade waste and effluent after due treatment as may be
permitted from time to time by the Gujarat Pollution Control
Board safely in the place ear-marked for the purpose in
the vicinity in consultation with and with approval of
the Public Health Authorities. In case where the concerned
authority finds that the arrangement of discharge is not
suitable, it shall be the duty of the Licensee to make
other suitable arrangement as may be directed by him.
The effluent shall not be malodorous and injurious to
the persons and animals coming into contact with it and
the licensee shall ensure that there shall not be any
obnoxious smell on account of the effluent.
The
effluent shall be in conformity with the BIS specification
No.2490-1963, which defines tolerance limits and also
with the standards prescribed by the concerned authority
of Govt. of Gujarat and Govt. of India for industrial
effluents and after its discharge water shall not be polluted
so as to exceed the tolerance limits for surface waters
subject to pollution, as given in BIS No.2296-1963 or
its revised version relevant to Industrial effluents and
tolerance for surface water. The requisite facility should
be set up by the licensee to the satisfaction of the authority
concerned.
The
villagers in the neighborhood shall have the liberty to
use effluent water, for irrigation or other purposes without
any obligation to the licensee if they desire to do so.
If
the discharge of trades waste and effluent proves source
of nuisance to the field and / or the population in the
neighborhood, the Licensee shall treat the same further
in such manner as may be directed by SSNNL.
CLAUSE-18
The
agreement shall remain in force for a minimum period of
Ten years or can be terminated earlier by the Licensee
by giving six calendar months' notice in writing to SSNNL
for the purpose. The Licensee shall not be eligible for
any compensation on account of such premature termination.
Effective date of agreement
Date of agreement date shall be one year from the date
of signing of the agreement or starting date of drawl
whichever is earlier.
CLAUSE-19
SSNNL
may allow the drawl of water according to the terms stated
in this agreement even after the expiry of the agreement
on receipt of a request to that effect from the Licensee
at least Six Months before the expiry of the period of
this agreement.
CLAUSE-20
The
Licensee shall bear all the legal charges, stamp duty,
registration fees and translation charges and other charges
and expenses incurred in connection with this agreement.
CLAUSE-21
SSNNL
shall be entitled to terminate this agreement upon serving
the Licensee a notice of six months for breach of any
of the terms and conditions of this agreement or in the
event of failure of the Licensee to pay any sum due to
SSNNL under this agreement. The Licensee shall not be
entitled to claim any compensation from SSNNL on account
of withdrawl of facility of drawl of water or upon SSNNL
prematurely terminating the agreement as aforesaid. Without
prejudice to any rights of SSNNL to proceed in accordance
with the relevant rules to recover such sum due from the
Licensee including the right to forfeit the security deposit,
drawl of water from the canal after the expiry of the
notice period shall be treated as an unauthorised act
and shall be subject to such penal charges as may be determined
by SSNNL.
CLAUSE-22
Subject
as otherwise here in provided, all notices to be given
and other actions to be taken on behalf of Licensee shall
be given or taken by the licensee or any other official
authorised by the Licensee.
CLAUSE-23
All
sums and amount due and payable under this agreement shall
be recoverable as arrears of Land Revenue under the Bombay
Land Revenue code, 1879 without prejudice to any other
rights or remedies available to SSNNL under any other
case.
CLAUSE
- 24
Subject
or otherwise herein provided, all notices to be given
and other action to be taken on behalf of Licensee shall
be given or taken by the Head of the Project, _________________(industry's
Name) or any other official authorised by the Licensee.
CLAUSE
- 25
If
at any time SSNNL finds that on the basis of the test
analysis carried out in the Public Health Laboratory,
the disposal of the trade effluent does not conform to
the conditions specified in Clause No.19 or that the licensee
is not observing the other conditions set forth in this
agreement, SSNNL reserve the right to withhold supply
of water without any liability to pay compensation to
the licensee.
CLAUSE
- 26
Only
after execution of this agreement, the unit will be allowed
to draw water from the canal.
IN WITNESS
WHERE OF SHRI ___________________________ _______ duly authorised
by the board of Directors of the Licensee for the said purpose
& on behalf of Licensee & SHRI ____________ SSNNL
for and on behalf of the SARDAR SAROVAR NARMADA NIGAM LTD.
have signed there, Present and herein set their respective
seal on the day and year first above written.
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