Elec. F-28
THIS AGREEMENT
made at Dakaap
day of ...............
One Tho usand Nine Hundred
,...........................
.................................
between THE PRESIDENT
OF
INDIA ( Hereinafter referred to as
"THE SUPPL IES" which expression
aliall ^ unless excluded by or repugnant
to the context , include his successors in
office and permitted saslgsis ) of the one
part AND ...................... • ......... • • . • • .
. .. _ .......... • • • ..:. • • • • .... (hereinafter referred to as
"THE CONSU MER "
which expression shall ,
excluded by or repugnant
to the context , include
his heirs, executors ,
administrators ,
successors or permitted assigns ) of the other
part.
part
WHEREAS the Consumer has requested the supplier for supply of power. and
the Supplier has agreed to supply power in bulk for use at the premises of the
'Consumer situated at ..... •.,,.
Purpose of motive power, heatin- ............. • .. - ..............:........... ... for the
said premises. g, lighting and other essential purposes at the
NOW THEREFORE IT I
S HEREBY AGREED between the parties
hereto
follows:
as
1. This agreement shall be read and construed in all res
pects
with the provisions of the Indian Electricity Act, 1510 and the ulesn made thereunder (hereinafter called "The Act" and "the Rules") as in force from time to time.
2. (a) The' Supplier shall supply and the Consumer shall take from the
Supplier all his power requirements for use at his premises mentioned ab
the aforesaid ove for
purposes with a demand of .........
"the Contract Demand"). KVA (hereinafter called
for (b) The Consumer may from time to time request the Supplier uz
e writingadditional power in excess of the 'Contract Demand' an
d
make such additional power available
plier s
within 180
days from the date of such
written request or any longer period as may be required
by the Supplier for the
purpose, provided the Supplier has such additional
make-such additional power available for supply and proviidea urther,mthat having
.regard
plier , to the unexpired term of this agreement, it would, in the opinion of the Sup-g
be economical to the Supplier to make such additional power available to
the Consumer.
Indian Electricity Act, 1910
and Rules to
Apply.
Contract Demand and Increase thereto.
Consumer's Increased Requirements.
-2-
(c) In the event of the Supplier agreeing to make such additional power
be U4a to pay the cost of making Such additional
available , the Consumer shall
power available as may be deternined by the Supplier.
be Suplier the Conmade
in
(d) If such additional
ll
by
sha
clause 2 (a) hereof
tract
Demand specified
tract
same
0
extent.
intimation from the Chief
t 3. Within a period of three months from th e date of (which expression shall'
,
Daman
and
Diu
^^ • Electrical Engineer, Government of Goa
hint to perform the functions of the Supinclude any other Officer authorised by
autho rised by
plier specified in this agreement and any other Officer or Officers
sition to commence supply and to make
the Supplier ) that the Supplier is in a po
' power supply under
power available , the Consumer shall commence to take
date of the'
this agreement and the date of commercernent of supply shall be the
date
of
actual
commencement
expiration, of the said three months' period or the
such date the Consumer shall become
of supply, whichever date is earlier , andoffrom
minimum
guarantee as hereinafter proliable to pay the Supplier the amount .
the Consumer Is unable to commence to
of
the
Supplier,
vided , unless in the opinion
date of commencement
take supply for causes beyond his control , in which event the discretion
by a period
at
his
absolute
by
the
Supplier
of supply may be extended
not exceeding six months.
shall be 3 phase, 50 cycles alternating
System cc 4. (a) Power supply to the Consumer
and voltage
Supply.
current at a norrual pressure of ... Volts subject to. frequency .
variation limits permitted under the Rules.
-down transformers
(b) Ordinarily the Consumer shall ensure that his step. be. `Delta' connected
that will be , connected to the system of the Supplier shall
on the higher voltage side.
point a S+upP1y .
of the Supplier' s appa5. The point of supply shall be the outgoing terminals
No ......................
as
shown
in
drawing
ratus installed on the Consumer's premises ,
which forms part of this agreement.
his own expense a securely.
A4vommod&tioa
6. (a) The Consumer shall provide and maintain atfor
the purposes of housing
by
the
Supplier
for supplte'o locked enclosure of a design approved
and other equipments. In
metering
Ap ^Ja. the Supplier' s terminal high voltage sw at chgear,
be weatherproof and vermin-
case of indoor type equipments the enclosu res shall
proof. .
. safety of the Supplier's.
(b) The Consumer shall take all precautions for the
equipment erected at his premises.
to the Supplier sufficient
(c) The Consumer shall further provide free of cost afford all reasonable fansumer
and
to
the
Co
and necessary area of Is -ad belonging
s system for
cilities. for bringing in the cables or overhead lines form the Supplier'
and shall
in
the
vicinity
servicing not only the Consumer but also other consumers
equipment
to
the
permit the Supplier to connect up such cables or overhead lines
described above belonging to the Supplier.
house his
(d) The Consumer may with the written approval of the Supplier
own HT swltchgear and other apparatus which must necessarily be installed near
the enclosure within such enclosure but such enclosure shall not be used by him
for any other purpose.
to the Con7. (a) For the purpose of registering the electrical energy supplied
Metering equip shall
be
provided
by
a
suitable
metering
equipment
ment. sumer under this agreement ,
is required to be done
case
the
metering
side.
In
the Supplier on the higher voltage
of economy or on acon the Lower voltage side of the supply either on grounds
high
voltage
metering
equipment with
of
suitable
count of the non-availability
Clause `...'
the Supplier, the quantity of power supplied shall be regulated under
of
Electrical
Supply
Charges
for
.
contained in the " Conditions and Miscellaneous
Energy" attached hereto.
(b) Wherever the Supplier is not in a position . to provide the metering equipment on account of its non - availability, he may request the Consumer to provide his
own metering equipment as required by the Supplier. The Consumer may also at
his own cost install check-meters fbr his own convenience.
(c) All the metering equipments referred to above shall be properly mainor tampered with
tained and sealed by the Supplier, and shall not be interfered
by the Consumer.
(d) The readings of the metters excepth g tb. check-meters mentioned above
3h4U betaken by the accredit
ed repr?seritatiWA5. of the "upptier and the Consumer
regularly on the predetermined date of e'v'ery month ?tnd the readings so recolyded
shall be binding on the Consumer.
Provided that in the event of any mete
. (excluding the check - meters, if
MY) either '
belonging to the Supplier or to the Consumer being found defective,
the energy consumed during the month algal be determined ,
unless otherwise mutUtI y agreed upon, by taking the average aonat mption
vious three months. recorded during the pre-
8. All transformers , switchgears ,
motors and other electrical
loaging to the Consumer whi(:h are connected
equipment be. Consumers
to V)e Supplier' s apparatus shall be Pastes.
of
suitable design and be maintained to the reasonable satisfaction of the Supplier.
The rupturing capacity of his Circuit Breakers shall be subject to the approval of the Supplier .
The capacity of fuses and setting of relays on the Conauminer '
s control gear shall also be subject to the approval of the Supplier.
9. (a) The Consumer shall pay to the Supplier every month at the Office of Charges for
the Supplier or as may otherwise be required '
supplied to the Consumer during the preceding charges for the electrical energy SuPP ^Y•
montI at the rates specified in the
Supplier's standard Rate Schedule .........
of
and in force from time to time .
If during the curr npyeoflthis agreement ,
are revised , increased or decreased
the rates
, such revised ,
Increased or decreased rates from
the date specified shall apply
to the Consumer during and for the unexpired period of the present agreement . A
copy
of the current Rate Schedule applicable to
this agreement is set out in t
he First Schedule Attached hereto.
(b) The rate set out In the Schedule does not include any tax, duty or other
direct or indirect charges on electrical energy that may be payable in accordance
with any law in force or which increase the cost of the electrical energy to
the Supplier. Such charges will be payable by the
Tariff Charges. Corasuuier in addition to the
10. In consideration of the speci a
l cbli6tions assumed and/or investments Minimum auk.
made by the
Supplier
the benefit of the Consumer, the Consumer hereby rantee.
guarantees
that
the totalfor
an n
for the electrica l
ual charges payable by him "=,r a period of seven years
energy consumed hereunder s
hall not be less than Rs. .,
or the tariff minimum char ges
Although the Consumer will be billeedb for the actual ener consumed ee it h oath.
subject to the monthly minimum ,
e
month
minimum charges and the actual the difference ( if any ) betw een the guaranteed
charges
paid
(if the ameare lessgthan the
guaranteed
by the Consumer for each 12 months
seritatfon ofminimum)
' period shall ,
a bill
therefor at the end of ee ;ti; 12 months' period, be paid on
by pre.
the
Consumer to the Supplier at the Office of the Supplier or as may be otherwise
required within 15 days from the date of
• issue of the bill.
Provided that in the event o
f any increase in 'Contract Demand'
2(a) hereof ,
under clause
be adequately . the amount of ntinirnumn guarantee stated above shall be liable to
increased to such extent as may be determined by the Supplier.
11. The Supplier shall take all reasonable precautions to ensure continuity of continuity of
supply of power to the Consumer at the point of supply but he shall not be .liable Power supply.
to the Consumer for any loss due to the interruption in the Sul
reason of damage to the equipment of the Supplier durin pp y of power by
strike or by reason of eartquake ,
mutin
hurricane , tempest or any accident
r for
-'outine maintenance of the lines and associated equipment or such other yor
causes
as may be beyond the control of the Supplier.
12. The Consumer agrees to restrict, stagger or cut off the consumption of
electrical energy under this agreement during the pea
k
as maytobe
directed
by the Supplier in. writing and at any other hours, if hours
so required
do,
if the
power
position
or
any
other
emergency
in
the
power
system
warrants
such
a
course of action.
13. The Supplier shall have the right
discontinue
power supply
for the
pose of testing and calibrating the meterstoand
other equipments
Installed
by pur.
him
whenever necessary after giving prior notice to the Consumer
. No indemnity or
compensation
shalltherefrom.
be claimed by the Consumer for such stoppages
and inconveniences
resulting
Staggering of
Supply by the
Supplier.
Discontinuance
of Power Supply
for Routine
Tests.
Conditions of
Supply and ediscenaneous
Charges.
S ung the conditions and charges for from
14. The bookletappproved
30 by the Govt. of Goa, man and Diu ingovern
force om
the
of electrl .^al energy
time to time shall be deemed to be part of this agreement and shall
parties hereto in so far as they are applicable' l under
period of Agreernent
next after
15. (a) Subject min uan Period of a seven yeastelidingoMarch r to year
this agreement shall be a and from yea
the date of commencement of supply
at
either side expirin
7 years ' period from
month s' notice
thereafter determinable by six clendar
or onthe end of any such gub m p eriod of
gree ment
the end of the said minimum
partiesh in
se
year
and
upon
the
determ
dice toithe rights and llabilities of athe
termine , but without preju
to such determination.
respect of atiy matter antecedent
(b) This agreement for supply of electrical energy supersedes all the previous
to the premises entered into and executed by the
contracts
supply
of energy
Supplierfor
and
the Cansusner,
Wanely .........................................................
Termination of
Agreement before H xpirY of
the Period of
Agreement
sum
the
16(a) at any
any
o
the
condi
ons
and
durin the
or fail to observe sad perform
shall commit any
o
agreement and on his part t
provisions contained in this
by giving 'one month's
the Supplier shall be at liberty to terminate this agreement , the Consumer shall
termination
toge
clear notice to the Consumer , and upon such th en
ounts
am
all
the
minimum chargesllas per
forth
cher with pay to the
the
hto
sumuequal
har with a further
of the agreement.
clause e 10 supra for the unexpired period
ti me befo re
(b) The Consumer may terminate this agreement at Fusy
after giving six months,
period of 7 years from the date of commencement of supply
tier upto the d ate
notice in writing provided the &mount he has paid to the Supp
of termination by way of power charges exceeds or equals the line minimum charon the capital coat incurred by
ges at 15% per annum for a period of seven years ,
the Supplier to arrange this supply or pays on the date of termination theha
differ
nos minimu
paid
y
of
ready
rence between the power charge a al
the m c cast
years
erio d casevend
amounting to 15% per annum t p
of termination of "-the
this
supply.
incurred by the Supplier to arrange
agreement by the Con sumerthundder this m c lau
for the unexpired period of the
he shall not be liable to p ay
Discontinuance
of supply.
agreement .
period of
te this agreement before the p
(c) If the Supplier desires to terminafor
the termination, then, this a ree neli
Coagreerent and if the Consumer agrees
agreed upon . In such a case,
for
the
unexmay be terminated from the date mutually
. charges as per clause 10 supra
to
pay
the
minimum
not
bound
mer is
pired period of the agreement.
discontinued by the
electrical energy being
17. In the i y ant of the supply of
the
part
of the Consumer
of any t.-each or default on
Supplier in consequence
the Supplier so to do under the provisions of the
a Rumonthe
ndall
other
entitling
energy already supp lied Act and
amount o charges for the electrical
du`ng t
lard
then payable underth is erebu e exprressly agreed andn he
vide
minimum
is
h
the
'
it
thato
and
pay
^
to
tided alway
period of such disconti nuance pay bieuh^reu dar.r'untinue
ds
a
charges and miniznuni guarantee
the continuance of this agreement.
18. If at any ti me during
winding
, pass a resolution for
o r being an
(a) The consumer shall , being a limited company
co,
Summary Teras isosolvent;
mination of up or be orde red to be
up insolvency r is adjudged j
individual eo any
Y
Agreement,
atr j
(b) Execute or create any mortgage-chargeudicially
or other
encumbrances
on elecany
affect
the Supplier's
p e
so as
Consumer
property or asset of the
the Consumer ' s premises or any
u i p ment
filer in connection with the said
trio meters , plant, apparatus and eq
part thereof or any right ,eexu i sable equithe Cupp
electric meters , plant, apP^^
of the ons
a
. (c) Commit any breach of or far e^om^ntea d an dhis^parmt to be observed viand
and provisions contained in this agr
performed;
lier shall be at liberty to terminate this agreement by giving seven
the Consumer shall for th -Th
e Supp
t
, ermination,
ice
to
the
consumer
and
upon
such
• days'
with notice
pay to the Supplier at the Office of the Supplier or as may be otherwise
ogether
this
able u4d
money s then
req uired all the
the minimum ch ge s for the unex-
the eamountaof
furthe r
wrh
of supply as and by way of liquidated damages.
eriod
equal
m
period
ed
a
minimum
pir
19. The Consumer shall not, without the previous consent in writing of the
Supplier, astisign , transfer, or part with tree benefit of this agreement. nor shall
the Consumer in any manner part with or create any partial or separate interest
in it.
IN WITH SS WHEREOF the parties hereto have executed these presents
the day and the year first above written.
Signed , sealed and delivered by
Shri ............... :.... • ............... Signature : .................................... .
On behalf of the President of India SEAL
in the presence of:.. Signature :- ............................... .... .
1) Name :- ........I—, ...... Signatu 'e
............................ • ........ .
2) Name : .. ..... Signature - .............................. . ...... .
Common Seal of ....................... .........
...................... has been affix ed hereto
pursuant to a Resolution of the Board of
Directors of the Company passed at its
meeting held on ...................... day of
.................. 1Q ...... in the Isa~e• '.:ht;e of
Copy of which -has been attached, hereto
,in original and forr-ts part of the agreement.
t) Name of Director : .. ... ..... ........... Signature : ...... .. ............................ .
2) Name of Director:- ......................... Signat- ure:- ........... .. ..
Directors of 'c'ae Compai,y who have set
their respective hands 'LbenAa in the presence of : --
1) Name:- ... ....... .......................... 1) Nauxe:
witness .
2)
Name:-
2) Signature of
witness:-
Cou. ntersigned by the
Managing Agents.
............................................ Sign ature :- ..... ......... „ ....:.. ..
G.P.P. DAMAN.- 06/06 -ioda_-
Assignment oc
Transfer of
A.gmement.