Interpretation

In this agreement, unless the context otherwise requires:

  • The words importing singular shall include plural and vice versa and the words denoting natural persons shall where the context admits, include partnership, firms, companies, corporations, associations, organizations or other entities (whether or not having a separate entity)
  • The headings are for convenience or reference only and shall not be used in and shall not affect the construction or interpretation of this Agreement.
  • The words "include" and "including" are to be construed without limitation.
SPECIFIC ROLES RESPONSIBILITIES AND OBLIGATIONS OF MEMBER INDUSTRIES, COMPANY & ASSOCIATIONS

MEMBERS:-
  • The MEMBER shall obtain the consent of GPCB. The MEMBER alone shall be liable for any action initiated against the MEMBER under the Water Prevention and Control of Pollution Act, 1974 or any other pollution laws by the Gujarat Pollution Control Board, or any other statutory authority.
  • The MEMBER shall treat the effluent to the standards prescribed by GPCB, before discharging it into underground drainage system.
  • The MEMBER shall make all treatment arrangements at his premises for the removal of Hexavalent Chromium, Heavy metals, Phenols, Cyanides, Pesticides or any other toxic materials.
  • The MEMBER shall make the payment of Equity, deposit amount, O&M charges & penalty etc. in accordance with the terms of Agreement or as decided by the Board of Directors in Coordination with the Associations.

COMPANY:-
  • The COMPANY agrees to dispose off the treated effluent received from the MEMBER through GIDC pipeline, give the final treatment and discharge the effluent in deep sea duly ensuring that the effluent meets the marine standards as approved by GPCB.

ASSOCIATIONS:-
  • All the basic issues of the operations of NCTL are coordinated with ‘Associations', and hence it is to be ensured that individual industries are MEMBERS of the respective Associations.

II. MEMEBERSHIP:-
  • MEMBERSHIP certificate is already issued to the MEMBER. Incase of change of name, change in ownership pattern or legal constitution etc. of a MEMBER, shall be acceptable to the COMPANY. MEMBER hereby agrees to contribute for the total equity based on their water consumption per day. The MEMBER agrees to pay the amounts of such shares as and when called by the COMPANY. The number of shares at the face value of Rs.10.00 allotted to the MEMBERS has been communicated separately.
  • Both the parties hereto agree that due to change in any pollution related laws or due to any directive of any court or authority, if COMPANY has to incur an additional financial costs consequent upon any alteration and / or modification at the site or overrun of the project costs, then in that case the MEMBER shall contribute the additional Equity on the basis of Water Consumption above 50 KL or any other basis decided by the Board of Directors of the Company in coordination with the Associations.
  • Both the parties hereto agree that in the event of any injunction, stay or otherwise from any Court, GPCB or any other Authority stopping the functioning of the site or otherwise whereby COMPANY becomes unable to accept the EFFLUENT of the MEMBER, the COMPANY shall not be responsible or made responsible / or be liable in any manner in that regard and that in such an eventuality, it shall be the responsibility of the MEMBER to get the needful done in respect of disposal of their EFFLUENT.

III. MEMEBERSHIP:-
  • The COMPANY has constituted a monitoring committee to undertake the monitoring of effluent discharged by the MEMBER in the GIDC underground drainage system. The method of monitoring will be stipulated by the COMPANY and may be modified and improved upon from time to time .
  • The MEMBER agrees to allow the monitoring committee or its authorized agency to undertake the monitoring of effluent discharged in the GIDC drainage system. The monitoring fee, as decided by the COMPANY, shall be borne by the MEMBER consuming water more than 50 KL / Day.
  • The manufacturing activity of the MEMBER is governed by the provisions of the GPCB Consent. Accordingly, the MEMBER is required to maintain the standards of the effluents discharged by him in the common drainage of GIDC, as per GPCB Consent.
  • If the MEMBER is found defaulting and not adhering to GPCB norms more than two times, then COMPANY will take action to levy penalty in consultation with Associations.
  • The COMPANY shall communicate to the authorities through Associations for restoration of effluent, drainage and power supply connection after the Committee constituted for this purpose is satisfied with the actions taken by the MEMBER to maintain the quality of effluent as per GPCB Consent.
  • The MEMBER hereby agrees that the test results given by the COMPANY shall be binding on the MEMBER. Incase of dispute, the analysis will be done in presence of representative of the MEMBER. If Member desires to retain a sealed sample of effluent, the Company shall make it available to the MEMBER and the effluent sample can be analyzed at the Govt. registered laboratory and such results shall be binding on both Company & the Member.
  • The MEMBER agrees that the COMPANY or its Directors, Officers or Representatives shall have no civil or criminal liability from the action, claim, demand whatsoever may be made or raised by the Member arising from the action taken by the authorities to disconnect the water supply, drainage connection or power supply, without any prejudice in mind.
  • The COMPANY or its authorized representative shall be permitted to enter the ETP area only of the MEMBER at any time even with or without giving prior notice by taking respective Association in confidence.
  • The MEMBER agrees that it will not discharge any effluent from its premises in manner that will cause damage to the underground and/or surrounding soil.
  • The COMPANY shall have a right to carry out continuous monitoring of the effluent discharged by the MEMBER from his factory, if it is observed that the MEMBER fails to meet the prescribed standards. In such an event, the MEMBER shall permit the COMPANY and its representatives to carryout such continuous monitoring.
  • The MEMBER hereby agrees that they will furnish all the true details and records. The furnishing of false information shall deemed to be the breach of agreement, which may attract action/penalties.
  • The COMPANY shall work out the formula for charging O & M based on quantity / quality of effluent to be decided by the Board of Directors from time to time. The penalty shall be calculated considering the quantity / quality of effluent discharged by the unit as fixed by the Board of Directors.
  • The MEMBER agrees to install necessary equipment as per Consent of GPCB. This will not apply to ETL/CETP MEMBERS and Zero discharge units. The calibration shall be certified by third party and approved by the COMPANY
  • The Member Industries shall maintain their analysis of effluent everyday and the COMPANY may ask for such records, whenever required.
  • The MEMBER agrees that on restarting the operation of the unit after closure, the intimation is to be given to the COMPANY prior to the restart of the operations.
  • If MEMBER desires to have testing of effluent samples jointly with their representative at Company's testing Laboratory, then the extra charges shall be as decided by the Board of Directors of the Company.

OPERATION & MAINTENANCE CHARGES:-
  • COMPANY takes the responsibility to dispose off the treated effluent received from MEMBERS in to the deep sea as approved by GPCB.
  • COMPANY undertakes to incur the expenditure for engaging the agency for Operation & Maintenance of Plant, manpower, energy bill, chemicals, maintenance and repairs of machine, onshore and offshore pipelines, compensation to land owners etc. including expenditure incurred for monitoring the quality of effluent.
  • COMPANY will see that all plants and machinery are maintained properly for smooth disposal of treated effluent.
  • The MEMBER agrees to pay the operation & maintenance charges fixed by the COMPANY based on the quantity and quality of effluent discharged by the unit.
  • The MEMBER agrees to pay deposit equivalent to 90 Days of Operation & Maintenance charges. Interest on deposit may be paid as per interest rate to be decided by the Board of Directors of the Company. The billing of O & M Charges by the Company shall be every 15 Days .
  • The MEMBER agrees to pay the Operation & Maintenance charges within 30 days from the date of bill, failing which the COMPANY shall be entitled to claim interest from the MEMBER as decided by Board of Directors. The Board of Directors in consultation with the Association will decide the recovery mechanism for overdue O & M Charges.
  • The COMPANY will fix the Operation & Maintenance charges for each financial year as decided by the Board of Directors of the COMPANY in consultation with Associations.
  • The MEMBER also agrees to pay the minimum charges irrespective of their unit are in operation or under closure, based on O & M costs, which will be decided by Board of Directors.
  • The COMPANY shall refund deposit on receipt of notice from the MEMBER that they will not avail the services of the COMPANY for discharge of effluents. Incase of reconnection of services, deposit amount shall be replenished.

GENERAL:-
  • The COMPANY shall have right to engage the agency for Operation & Maintenance of the plant, recovery of Operation and Maintenance charges and / or agency for monitoring quality of effluent.
  • The Company shall not transfer or assign its rights and obligations under the Agreement to any other Company or business concern. If any unforeseen situation arises and / or Company shall become unable to perform their activities / obligations, the restructuring is to be done in consultation with Associations.
  • “MEMBER shall posses equity in proportion with water consumption of their industries, but not exceeding beyond marginal limits i.e. (100+10%) for their water consumption.
  • The correspondence / notice and all other communications shall be received by the COMPANY at its Registered Office and sent to the Member at Factory's address.
  • In the event of any disputes, claims or difference in connection with or arising out of or incidentals to this Agreement including the interpretation of the terms hereof and its implementation, which is not and cannot be settled by mutual compromise between the parties hereto, the same shall be referred to the arbitration of a sole Arbitrator, if the parties can agree upon a single arbitrator, and failing that to be decision of three Arbitrators, one to be appointed by the MEMBER and one by the COMPANY and the third to be nominated by the GIDC and the decision of the Sole Arbitrator or the majority of the arbitrators when three arbitrators are appointed as above, as the case may be, shall be final and binding upon the parties. In all other respects the provisions of the Indian Arbitration Act, 1996 shall apply. The venue of Arbitration shall be Ankleshwar/Bharuch.
  • All disputes or adjudications between the parties hereto shall be subject to the jurisdiction of Ankleshwar/Bharuch.
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CIN NO.: U40101GJ2000NPL037236