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This Agreement is executed at Regional Office this day of 2010 BETWEEN the Haryana Seeds Development Corporation Ltd. for short here in after referred to as HSDC Ltd. a company registered under the Companies Act, 1956 having its registered office at Panchkula, Haryana (who and whose successors and assignees are here in after called the HSDC Ltd. One part) AND
(address of the grower in full in block letters) who and whose heirs, legal representatives and successors are herein after called the Grower of the OTHER PART, on the date mentioned under the signature of the Regional Manager / Manager signing on behalf of the Registered Office of the company
WHEREAS the Haryana Seeds Development Corporation Ltd. and the Seed Grower Agreed to a scheme for the production of Foundation Stock / Certified / Pedigree category of seed of
acres during the Kharif / Rabi / Summer of (year) under the Haryana Seeds Development Corporation Ltd. Growers Program approved by State Seed Production Committee.
NOW THIS AGREEMENT WITNESSETH
- That the terms and conditions contracted herein, including those as incorporated in the schedule-1 attached to this agreement shall be binding on the parties here to and their relationship shall be governed by the same.
- All payments payable or claimable under this agreement shall be paid and claimed at H.S.D.C. Ltd.s Regional Office or by mutual consent, at Panchkula, or any other station(s).
- Notwithstanding the place where this agreement is to be implemented, it is mutually understood and agreed by and between the parties hereto that this contract shall be deemed to have been entered into by the parties concerned at Regional Office and the Court of law in (Place) alone shall have jurisdiction to adjudicate thereon.
- This program means the program of Rabi / Kharif / Summer seed production approved by State Seed Production Committee.
IN WITNESS WHEREOF, the parties have set their hands on the day, month and year mentioned below:-
(Signature of Grower)______________________________________
Signature of the Regional Manager / Manager
and on behalf of H.S.D.C. Ltd.
(A State Govt. Undertaking)
|SIGNATURE||DATE||NAME & ADDRESS|
Father’s Name _________________
Father’s Name _________________
Note: The contents of this page alone need be got typed on non-judicial paper of the required value.
The terms and conditions agreed upon BETWEEN the parties hereto regarding the scheme for the production of Foundation Stock/Certified/Pedigree category of seed of crop of (variety) during the Kharif/Rabi/Summer of under the Haryana Seeds Development Corporation Ltd. Growers program are as under.
- The value of stamp paper relating to this agreement is recoverable from the grown, along with seed cost, Registration fee & inspection fee or from the amount payable to the grower.
- The grower shall reserve/set apart an area for seed production measuring acre(s) (in words) which shall be a compact block/piece of land of not less than acres unless mutually agreed in writing. This reserved area shall be neither scattered nor in small bits.
- The reserved area shall so located that the seed crop in that area will conform to the isolation requirement prescribed in the Indian Minimum Seed Certification Standards July, 1998 as amended from time to time, (Unless specified, if any) failing which the seed crop shall be liable to be rejected in part or full as may be necessary.
- The Grower shall raise the seed crop as a single crop and not as mixed crop, inter crop or companion crop. Nor seed crop be raised as a ratoon crop without prior approval of the H.S.D.C. Ltd.
- The grower shall arrange all operations such as land preparation, sowing, irrigation, interculture, manuring, plant protection, rouging, detaselling (in Maize), harvesting and any other farm operation connected with the raising of the seed crop and shall strictly follow the seed production practices prescribed by CCS, HAU from time to time at his expenses.
- Seed to be used for sowing by the grower shall be obtained from H.S.D.C. Ltd. only.
- The grower shall pay to the H.S.D.C. Ltd. the seed cost, plus sale tax, if application in advance at the rate fixed by H.S.D.C. Ltd. The cost of seed is not refundable except under the provision contained in clause 3(c)
- In case the seed supplied by H.S.D.C Ltd., is proved to be defective to the satisfaction of H.S.D.C. Ltd., the H.S.D.C. Ltd., shall replace the defective seed or refund seed cost, at its option, provided due intimation in writing is giving to be concerned Regional Office of H.S.D.C. Ltd., within 10 days of sowing along with supporting documents of receipt consignment. On receipt of the complaint, the RM/his representative will inspect the seed plots as soon as possible but not later than 7 days of receipt of complaint. Seed cost will be refunded if upon inspection it is established that cause of failure is attributable to seed supplied by HSDC.
- The grower shall not sell or transfer the Breeder/Foundation stock seed/Pedigree seed obtained from the Haryana Seeds Development Corporation to any other person.
- For seed production of notified kinds/varieties in Haryana, the grower shall submit to the certification agency an application for certification through H.S.D.C. Ltd., as prescribed in the Seeds Rules, 1968 as amended from time to time. The application/registration fee is not-refundable. One application can cover the entire area of all the seed crops of notified kinds/varieties grown in a season by one grower.
- The grower shall pay in advance to the H.S.D.C Ltd. inspection fee at the rate of Rs per acre and registration fee of Rs. 25/- or as revised by HSSCA from time to time.
- The grower shall render all facilities to the certification Agency/H.S.D.C. Ltd. for conducting field inspections of seed crop (s) at any time and at any stage.
- Produce of the Breeder/Foundation/C to C seed supplied by HSDC Ltd. Only will be acceptable for grading & testing out area certified by HSSCA.
- No Raw seed qty. exceeding HSSCA estimates or limit fixed by HSDC Ltd. will be acceptable by H.S.D.C. Ltd. for grading and testing. Further the seed offered by the growers should meet the internal quality control standards, fixed by the H.S.D.C Ltd.
- Seed only from the part of the reserved area conforming to the standards referred to in 2 (b) shall be accepted and graded.
- The grower shall arrange to transport the harvested and thrashed seed material to the HSDC Ltd. plant (s) assigned by the H.S.D.C. Ltd. or the State Seed Certification Agency as the case may be in gunny bags which will be supplied by the H.S.D.C. Ltd. against post-dated cheques on account of the cost of G.bags.
- For seed production involving two parental lines, the H.S.D.C Ltd. will not grade or purchase of the male parent. The grower shall not sell or use such produce for sowing.
- In case of seed Cotton produce of Breeder/Foundation/C to C seed supplied by HSDC Ltd. will be acceptable out of area certified by HSSCA subject to the internal quality standards.
- Grading of seed in the manner prescribed by the H.S.D.C. Ltd. shall done in the nearest Seed Processing Plant of H.S.D.C. Ltd. or in a plant designed by it.
- If before or after grading in the manner prescribed by the H.S.D.C. Ltd. the seed lot does not confirm to the seed standards prescribed in the Indian Minimum Seed certification Standards July 1988, as amended from time to time (unless specified, if any) if will stand rejected & returned to concerned grower after recovering dues along with grading charges at prescribed rates.
- The H.S.D.C. Ltd shall make all possible efforts to expedite the grading. The H.S.D.C. Ltd shall not be responsible for any deterioration in the produce till it is finally purchased.
- Representative lotwise sample (s) of the cleaned and graded seed on random basis belonging to the grower shall be drawn by HSSCA representative and will be sent for testing in Lab. in the name of grower. If, a seed lot is found as not conforming to the prescribed standards and is rejected, the retesting by HSDC/HSSCA will be done at the option of HSDC depending upon the circumstances.
- For analysis of seed sample(s), the H.S.D.C. Ltd/Certification Agency will levy testing fee per sample irrespective of the nature of results of analysis.
- In addition to conforming to the standards referred in clause 7 (g), the H.S.D.C. Ltd. reserves the right of reject or not to procure any lot (s), if the seed there is in discoloured, lustre affected, infested with inspects, pests and disease or any other reason not covered under Minimum Seeds Certification Standards even though the Seed Lot (s) has been cleared by Seed Certification Agency and meets the Minimum Seed Certification Standards.
- The grower shall take back from the Seed Plant the rejected raw seed rejected ears, wastes seeds discards, under-sized seeds, empty cobs etc, after cleaning and grading and seed lots rejected on the basis of test reports within 31 days from the date of processing/date of intimation whichever is earlier, failing which rent at the rate fixed by HSDC Ltd. from time to time shall be charged after the expiry of the prescribed period. The grower shall not sell or use such produce as seed for sowing. Also the H.S.D.C Ltd. will not be responsible for any damage to the material during the period of the storage. The H.S.D.C Ltd. reserves the right to dispose off the produce in the manner as deemed fit, after the expiry of the prescribed period and recover the rent due and credit balance, if any to the growers account.
- The H.S.D.C. Ltd. shall purchase graded seed (i.e.) seed finally received bags after grading conforming to the seed standards referred to in clause 7(g) of this agreement at the procurement price fixed by the HSDC Ltd. as per policy approved by B.O.D/Management from time to time. The procurement rate shall be reasonably higher than support price fixed by G.O.I.
- The Purchase price shall be deemed to be an all inclusive price and no other claim including tax(es), if any, leviable shall entertained. The H.S.D.C. Ltd. shall be entitled to recover the amount due from the grower from the amount payable to the grower.
- Entire produce, as estimated on the basis of the crop condition indicated in the final field inspection report of HSSCA/HSDC from the certified area and confirming to the prescribed standards as per annexure enclosed shall be offered to the H.S.D.C. Ltd. by the grower who shall not sell or transfer to anyone else the produce eligible for grading/testing by the H.S.D.C. Ltd. in case of default, the grower shall be liable to pay to the H.S.D.C. Ltd. loss suffered by H.S.D.C. Ltd on this account
- In the event of any question, dispute or difference arising from, under or in connection with this agreement, its implementation or satisfaction, the same shall be referred to an arbitrator by the M.D., H.S.D.C. Ltd. The parties to this agreement shall have no objection if the arbitrator nominated as above is a person who has or had dealt with the matter to which the contract relates or that in the course of his duties he has expressed views on all or any of the matter in dispute or difference. The decision of the Arbitrator shall be final and binding on both the parties.