DEED FOR AGREEMENT FOR SECURITY CONTACT

THIS AGREEMENT for security contract entered into at Bangalore on 20 th January,

2024 between M/s Nivishka Services, #92, 7th cross, Near Indus valley College,
Gayathri layout, Basavanapura main road, Bangalore, Karnataka -560036. herein after
called “Agency” (which term shall mean and include unless excluded by or repugnant to

1|Page
the context, it’s successors, executor, administrators and permitted assigns) of the one
part.
MEMORENDUM OF AGREEMENT
AGREEMENT BETWEEN AN EMPLOYER AND SECURITY SERVICE CONTRACTOE
FOR PROVIDING SECURITY SERVICES TO THE EMPLOYER’S PROPERTY
THIS AGREEMENT made on this 20th January 2024 at Bangalore BETWEEN M/s. Brains Super
Speciality Hospital, 192, T Mariyappa Road, Lalbagh, Siddapura, Jayanagar 1st Block, Bengaluru - 560011,
Karnataka India (hereinafter referred to as the EMPLOYER),represented by
___________________, Designation ,(herein after referred to as “M/s. Brains Super Speciality
Hospital”(herein after referred to as “the Employer”) which expression unless repugnant to
the context shall mean and include its successor-in office, administrators and permitted assigns
of the ONE PART.
AND

M/s. Nivishka Security Services, (hereinafter referred to as the CONTRACTOR/AGENCY/FIRM) having

its registered office at M/s Nivishka Services, #92, 7th cross, Near Indus valley College, Gayathri layout,
Basavanapura main road, Bangalore, Karnataka -560036 (Registration No. 36/52/S/0094/2017 under
department of Labour) a proprietor agency, represented by Mr. Durjyodhan Mishra, Proprietor,
(hereinafter referred to as the SECURITY SERVICE PROVIDER(CONTRACTOR)), which expression shall
unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors
and assigns of the OTHER PART.

WHEREAS the employer is having it’s hospital, engaged in providing world-class specialty healthcare
services at Bengaluru herein after referred to as “the said hospitals” and it wants to employee security
guards to provide security services to the said hospitals. AND WHEREAS the contractor who is
experienced in providing security services to the industrial units and the other organizations has offered
to provide security services to the Employer (Vasavi Hospitals) at the said hospital and the Employer has
agreed to avail the said services being provided by the contractor.

NOW THIS AGREEMENT WITNESSES AS FOLLOWS

1. The actual strength of security unit, the number of individuals required and placement as and
when required, shall be determined by mutual consultation and the contractor shall discuss with
the hospital authorities, the requirement of security personnel and make placement and
concurrence of the hospital authorities. Present requirement of security personnel will be
security supervisor, Security Guards and Lady Guards etc.
2. The Contractor Shall provide security guards to keep ward and watch and protection of the said
hospitals as per the employer’s requirement. The security Guards provided by the Contractor
will be for twenty-four hours of the shift of 08+04 hours and shall provide complete security
arrangement and protection of the said hospitals round the clock. The agency shall be required
to patrol the areas at all times, day and night to check and keep vigil of the premises.
3. the Employer shall give the Security guard’s room on ground floor near the main gate of the said
hospital to the Security guards and the said guards shall check all the vehicles and personnel
entering into and going out of the said hospital as per the instructions issued by the Employer’s

2|Page
 The agency shall regulate the entry of staff members, customers, control workmen, suppliers,
vendors, visitor’s, mobile handling and also ensure that those who are connected with the
hospital activities alone will enter the premises.
4. The contractor at its own expenses shall provide ethe security guards with necessary uniform,
arms, outfits, etc. required for the effective discharge of security services to the employer. The
contractor shall ensure that the security guards provided by it maintain perfect discipline and
behavior and they shall not in any manner cause any interference, annoyance, nuisance to the
management of the employer or its business or work or its officers/employees/other
contractors.
5. The Contractor agrees and undertake that the security services provided by the security guards
shall be to the entire satisfaction of the employer and the Contractor will make it clear to the
security guards that the latter are employees of the contractor and they shall have no claims
against the employer and the employer shall not be liable to wages, salary, compensation and
any statutory benefits due to security guards under the Labour law and other legislation and
the contractor shall be responsible for providing such amenities to its employees admissible
under the law/rules/service conditions.
6. The contractor will indemnify the employer against any claim, loss, damage occurred or caused
to the employer due to willful acts or omissions or carelessness or negligence of the Security
Guards employed by the Contractor while on duty.
7. The hospital agrees to pay the security service charges in consideration of the security
arrangement fee calculated in accordance to the said agreed rates.
8. The employer shall pay a sum of Rs. 24000/-(rupees Twenty-four thousand only) per Security
Guard (including Lady Security Guard) and Rs. 27000/-(rupees Twenty-seven thousand only) per
month inclusive of statutory charges and all applicable charges for the services provided by the
contractors on submission of the bill by contractor by 1 st day of the month. The employer shall
not make any payment to the security guards and payment will be made to the contractor only.
9. Agency Security staff will consist of the following security staff deployed on 8+4 (12 hours shift
duties).

UNIT STRENGTH AND RATES Taxes as applicable

S.NO. Category Day Shift 12 Night Shift 12 Total

Hour’s duty Hour’s duty Strength

1 Security Supervisors 1 0 1
2 Security Guards 4 2 6
05 02 07

3|Page
 ANNEXTURE
BANGALORE ZONE-1
SL
Particulars Security Security
NO
Guard Supervisor
1 Basic wage 15742.26 16058.30
2 VDA 1542.00 1542.00
3 HRA 0.00 0.00
4 Washing Allowance 0.00 300.00
Sub Total A: Total Gross for 8 Hrs 17284.26 17900.30
5 Additional 1030.00 310.00
6 Bonus 0.00 0.00
7 PF @12+1=13% Employer Contribution 1950.00 1950.00
8 ESI @3.25% Employer Contribution 561.74 581.76
9 PTAX 0.00 0.00
10 LWF 5.00 5.00
11 Leave Salary 696.95 0.00
12 Uniform 0.00 0.00
13 Gratuity 0.00 0.00
14 NH 295.39 293.71
Total B 4539.08 3140.47
Total A+B 21823.34 21040.77
15 1/6th of Reliever Charges 0.00 3507.50
Total C 0.00 3507.50
TOTAL A+B+C 21823.34 24548.27
24 Mark up Value (Service Provider Charges) @ 10% 2182.33 2454.83
GRAND TOTAL FOR 12 HRS 30 DAYS 24005.67 27003
Rounded off to 24000 27000

10. The bill settled by on or before 10 th of every calendar month, by the hospital. The above monthly
payment includes wages for the personnel engaged and all statutory compliances, holiday
allowances, extra charges, and all applicable charges. The above wages are inclusive of all
charges, and all other taxes as applicable. We have agreed to pay only GST of 18% in addition to
the agreed rates.

11. DUTIES OF AGENCY SECURITY STAFF

I. Agency security staff will look after the general security aspects of Establishment
Hospital premises. Entry of unlawful element into the premises will be eliminated
II. Agency security staff will prevent misuse of the premises property and protect the same
from sabotage and pilferage.
III. Agency security staff will inform/report Establishment /Hospital/their representatives of
any urgent matter, which may need their attention. And act/perform as per the
directions by the Hospital from time to time.

4|Page
 IV. Agency should deploy the guards having experience in hospital handling and also the
important the training and skills of firefighting and safety requirements as per the norms
and regulations. Gate manning, patrolling maintenance of registers as per the hospital’s
requirements, intercom management and other security related tasks assigned by the
management committee of the hospital.
V. The hospital shall provide required registers, stationary to maintain necessary records as
and when required as well as torches and cells required for night patrolling based on
the justification.
1. The hospital retains its right to transfer/rotate/remove all or any of its personnel from the
premises of establishment at any point of time during the pendency of the contract under
intimation to the contractor. If the CONTRACTOR thought it’s the representative’s objects to and
/or insists on retaining the personnel against the professional.
2. The contractor will obtain all the Licenses, if any, required under the local or central laws of
providing security services to the employer. The copy of all the licenses should be submitted to
the employer.
3. the Attendance should be calculated from 1 st to 31st of every month and the bill has to reach
office on or before 5th of every month, so as to enable us to release the bill on or before 10 th of
every month. Salaries /wages to be disbursed to the security staff on or before the applicable
cutoff date by law of the following month. All the payments will be made by check in favoring
“M/s. Nivishka Services” the payments will be made as per the stipulated time agreed by the
parties. The TDS and other applicable deductions if any will be made as per law from the
billed/payable amount.
4. Whenever the minimum wages revised to the security personnel are increased by the
notification as per the act from the respective state governments, the amount equivalent to the
increased wages on basic as applicable on those rates will be mutually agreed by the parties. A
copy of the gazette notification stating the revision of rates.
5. The payment/consideration contemplated above shall be released by the employer in favor of
contractor after receiving authenticated copies of (producing)PF, ESI, PT, Service Tax/GST
challans and disbursement salary register of the preceding month from contractor.
6. COMMENCEMET OF SERVICE, the contractor is agreed and accepted to start the services with
effect from23rd January 2024 and the contractor agreed to deploy Guards 2 days before of
commencing of contract for trial period.

7. The security service contractor will be responsible and liable for the payment of all dues to the
security staff employed through them in connection with the security services render to the
hospital including wages, salary and other statutory requirements under various stature from
time to time including PF contributions, ESIC Contributions, Workmen Compensations and other
statutory benefits as per the laws enforce and the hospital shall no way responsible or liable for
the payment of the same in the part or as a whole.
8. It is hereby agreed that no liability shell devolve on the hospital in respect of any personnel
employed by the security service provider, in fulfillment of this agreement under any
circumstances and should there be any liability, the contractor shall indemnify the hospital. It is
further agreed that in no case the employees of the security service contractors shall have any
claim of any kind against the hospital whatsoever.

5|Page
 9. The security service provider shall comply with the pertinent formalities envisaged by all the
applicable statutes.
10. The security service provider shall ensure that all the personnel deployed on the security duty
are properly uniformed while on duty.
11. The security service provider shall comply with all statutory and mandatory regulations that are
enforced and that may become applicable in future and from time to time in all matters
pertaining to this agreement and matter arising there from.
12. The security service provider shall ensure that no member of the security unit deployed shall get
himself involved in any trade union activity in relation to this hospital.
13. The security service provider shall correct and take remedial action on matters brought to his
notice by the hospital from time to time.
14. The security service provider shall arrange for periodic surprise check at his own cost by his
team of officers and /or with the officer of the hospital for the purpose of ensuring sustain
efficiency of the security unit.
15. The security service provider shall ensure that all the security personnel are of “Excellent” group
with a minimum basic qualification and able to read, speak and write English besides local
languages like Kannada, Telugu, Tamil. At any cost UNDER NO CIRCUMTANCES THE AGE OF
SECURITY PERSON SHOULD BE MORE THAN 50 YEARS AND should not employee the minor
personnel as per the act.
16. The security service provider shall ensure that all security personnel are given adequate training
in firefighting/security system/detection-prevention of thefts pilferages and material handling
once in fortnight and update the hospital about the firefighting services training on a monthly
basis.
17. In case of emergency, with prior permission of concerned officials of the hospitals, the guards
are asked to perform one more shift.
18. The Employer should be entitled to supervise the service provided by the contractor and if it
finds that the conduct, behavior and performance of work of any of it’s security guard is
unsatisfactory, the employer may issue direction to the contractor to immediately recall the
particular person and substitute by another and the contractor shall comply with such directions
issued by the Employer forthwith.
19. This agreement will be for a period of ELEVEN MONTHS from the date of execution of these
presents. The employer shall, in the event of contractor committing any breach of any of the
terms and conditions of this agreement or if the services provided by the contractor is
considered to be unsatisfactory by the employer or for any other reason considered by the
employer as sufficient, be entitled to terminate this agreement by giving one month’s notice in
writing and the contractor shall not be entitled to any compensation in case of such termination.
The contractor may also terminate this agreement by giving one month’s notice in writing to the
employer.
20. On expiry of earlier determination of this agreement, the contractor and the security guards
shall vacate the hospital premises without in anyway causing any damage to the said premises
and the hospital property therein.
21. The security service provider shall ensure that throughout the period of this contract, the above
stated statutory licenses are periodically renewed from time to time.

6|Page
 22. The security service provider shall furnish authentic copy of the licenses obtained under the
contract Labour (Regulations & Abolition) act 1970 to the hospital at the time of signing the
agreement and whenever demanded by the hospital and Company registration Certification
from ROC.
23. In case of theft or any other criminal activities during the tenure of this agreement, the security
service provider shall depute suitable and competent special investigators, to conduct the
preliminary enquiry and submit the report to the hospital within the agreed period. The security
service provider shall also give all the necessary assistance to the law enforcing authorities for
apprehending and bring the culprits with the police, investigations by the police or insurance
authorities in accordance with law.
24. It has been mutually agreed that case of theft, if any reported, will be thoroughly investigated by
the agency. If it is felt necessary to interrogate any employees of the Establishment, cross
examinations and verifications will also be conducted accordingly with the presence of Employer
representative.
25. Security personnel deployed by the Agency, to perform security functions in the Hospital shall
not be directly employed by the hospital without obtaining prior consent of the agency in
writing. Cases of such security personnel will only be considered on merits of each case and only
after their due resignation and it’s acceptance by the agency and after final settlement of their
accounts accordingly.
26. The Agency will no way be responsible for any kind of personal loan if given to the security
personnel by any employee of the hospital is not responsible for any personal loan given by
security personnel to any of hospital employee.
27. The security service provider and their staff shall maintain confidentiality and shall not at any
point of time divulge any matters or information etc. acquired during the course of performing
duty, either during association or otherwise.
28. Nothing in this Agreement shall be constructed as creating a partnership or joint venture
between the licensor and the licensee. neither party will be deemed to be an agent of the other
party as a result of any act under or related to this agreement, and will not any way pledge the
other party’s credit or incur any obligation on behalf of the other party.
29. No provision of this agreement shall constitute either Party as the legal representative or agent
of the other, not shall either party have the right or authority to assume, create or incur any
liability or any obligation of any kind, express or implied, against or in the name of or on behalf
of the other party except as provided expressly under the agreement.

30. The employer shall not be responsible or liable for any of the CONTRCTORS guarding personnel
are injured or are compelled to injure someone for the protection of the employer /CLIENT” S
property or personnel during this agreement and any cause whatsoever.
1. any Disputes: Any disputes or differences arising out of or relating to this agreement shall be the
first instance settled expeditiously and fairly by the chief executives of the parties hereto. In case
of any dispute or difference arising between the parties under this agreement the decision of
Vasavi Hospital will be final and binding of the contractor will not be entitled to lodge any claim
against the decision of the said Hospital.

7|Page
 2. Stamp duty: The Stamp duty on this agreement and duplicate thereof shall be borne by the
contractor. The original shall be retained by the employer and contractor shall be retaining the
duplicate.
3. This agreement shall be governed by and interpreted in accordance with the law of India. In this
context; the expression law takes place within its fold statutory law, judicial decisional law and
delegated legislation as well.
4. Amendment and modification: Any amendment or modification or waiver in connection with
this contract will not be effective unless made in writing and signed by both the parties.
However, parties are entitled to decide by otherwise by incorporating a suitable term.
5. The agreement constitutes the entire agreement between the parties hereto with respect to the
subject matter hereof, and supersedes all prior agreements and understanding, either or oral or
written with respect thereto.
6. FORCE MAJURE: The Employer shall not be held responsible for any consequences or liabilities
under this agreement by reason or restrictive Governmental laws of Regulations, revocation of
the principal deed, natural calamity, and act of God etc. Subject to what is stated hereinafter in
this clause. The term on this contract shall automatically stand extended during the operation,
occurrence or continuance of Force Majeure circumstances(s). those if, on account of Force
majeure as before mentioned the CONTRACTOOR is unable to use or enjoy the said services,
then the EMPLOYER may in its sole discretion terminate or determine this agreement.

7. GOVERNING LAW & JURISDICTION

The agreement shall be determined and governed according to the laws of India. That the courts at
Bangalore shall have exclusive jurisdiction in all matters arising out of and/or concerning this
transaction.

IN WITNESS WHERE OF, THE PARTIES HERETO HAVE SET THEIR HANDS AND SEAL TO THESE PRESENTS
ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN IN THE PRESENCE OF THE FOLLOWING
WITNESSES.

EMPLOYER CONTRACTOR

For and on behalf of For and on behalf of

Authorized Signatory Authorized Signatory

Witness:

1]

8|Page
2]

9|Page