Medico and non-medico professional and staff Supply Agreement
This Agreement made this ….. day of ……………., ...........… at Pune is entered
BETWEEN
M/s. Maharashtra Technical Education Society’s Sanjeevan Hospital, (a Hospital
established by Maharashtra Technical Education Society a Society registered under the
Society Act, 1860 and Bombay Public Trust Act, ____) running at ……… Pune. through Dr.
Jitendra Agrawal, Medical Director (duly appointed by Maharashtra Technical Education
Society through appointment letter dated ……….) (hereinafter referred to as “Sanjeevan
Hospital”) which expression shall unless be repugnant to the context include its successors
and assigns.
PARTY OF THE FIRST PART
and
Samvardhanam HealthCare Services LLP, a Limited Liability Partnership (registered under
the Limited Liability Partnership, 2008) having its registered office at ......... Pune,
through Mr. Meena Agrawal, Designated Partner of the LLP (hereinafter referred to as
“Service Provider”) which expression shall unless be repugnant to the context include its
successors and assigns.
PARTY OF THE SECOND PART
WHEREAS Sanjeevan Hospital is a leading multispecialty hospital dedicated to providing
high-quality healthcare services to the community and seeks to engage the services of a
reputable staffing agency to fulfill its staffing requirements effectively and efficiently.
AND WHEREAS, Service Provider, leveraging its extensive expertise in healthcare
activities, stands prepared to extend its support to Sanjeevan Hospital by supplying a
proficient team comprising both medico and non-medico professionals and staff, thereby
facilitating the seamless operation and delivery of exceptional healthcare services.
At the very outset be it clearly understood and agreed that the following principles shall
apply unless the context requires otherwise:
(a) The singular includes the plural and conversely.
(b) A gender includes all genders.
(c) Where a word or phrase is given a particular meaning, other grammatical forms of that
word or phrase have corresponding meanings.
(d) If any day is appointed or specified by this agreement for the payment of any money on
Sunday or other official bank holiday, the day so appointed or specified shall be deemed to
be the next day which is not in turn a weekly off day or a day so appointed as a holiday.
NOW THIS AGREEMENT WITNESSETH AS UNDER:
1. Scope of Services: The Service Provider agrees to provide the Sanjeevan Hospital
with the following services:
Provision of manpower as per the Sanjeevan Hospital's requirements, including but
not limited to medico and non-medico professional and staff to run the Hospital,
administrative staff, technical staff, and other personnel as mutually agreed upon.
Ensuring that the provided manpower possesses the necessary qualifications,
experience, and certifications required by the Sanjeevan Hospital.
Providing replacements for any manpower found to be unsatisfactory by the
Sanjeevan Hospita, subject to the terms and conditions of this agreement.
2. Term of Agreement:
Validity of this agreement shall be perpetual subject to termination in writing as
mutually agreed upon by both the parties. Either party may terminate this
agreement with 30 days prior written notice to the other party.
3. Payment Terms:
The Sanjeevan Hospital agrees to pay the Service Provider [Payment Amount] for
the services rendered, payable [Payment Schedule]. Payment shall be made in
Rupees to the bank account specified by the Service Provider.
That Service Provider hereby agrees to support by providing the medico and non-
medico professional and staff to run the Hospital of Sanjeevan Hospital as per its
requirements at its Hospital without any charges and Sanjeevan Hospital hereby
accepts the same.
4. Security Deposit/ Caution Money
The Service Provider shall deposit a refundable amount of Rs. 1,00,00,000 (One Crore
only), with no interest, as security deposit/caution money with Sanjeevan Hospital.
This deposit serves as a precautionary measure against any negligence on the part of
the staff or professionals provided by the Service Provider, recognizing the
paramount importance of patient safety and well-being.
5. Responsibilities of the Service Provider:
The Service Provider shall be responsible for recruiting, hiring, and managing the
manpower provided to the Sanjeevan Hospital.
The Service Provider shall ensure that all provided manpower complies with the
Sanjeevan Hospital 's policies, rules, and regulations.
The Service Provider shall maintain confidentiality regarding the Sanjeevan
Hospital's business operations and any sensitive information obtained during the
provision of services.
The Service Provider shall provide to Sanjeevan Hospital the names, addresses and
contact telephone nos. of all medico and non-medico professional and staff.
That Service Provider shall be responsible and liable for the loss that Sanjeevan
Hospital may incur on account of any act, omission, commission and/or negligence
of personnel as provided by the Service Provider. The decision of Sanjeevan
Hospital shall be final and binding in all such cases.
6. Responsibilities of the Sanjeevan Hospital:
The Sanjeevan Hospital shall
a) Provide the Service Provider with clear instructions and requirements for the
manpower needed.
b) Promptly notify the Service Provider of any changes in staffing requirements
or any issues with the provided manpower.
c) Cooperate with the Service Provider to facilitate the smooth provision of
services.
d) Pay salary / professional fee / incentives / charges / out of pocket to the
medico and non-medico professional and staff provided by the Service
Provider.
e) Liable to deduct ESIC, EPF, TDS, Professional Tax from the salary of the staff
and pay the same to the government authority.
f) Liable for supervision of the personnel to ensure proper control for executing
the job smoothly and efficiently.
g) Have the right to suspend / remove the professional and staff as provided by
the second part in case of negligence / inefficiency / misconduct / non-
performance / non-discipline and wrong behaviour of the professional and
staff as provided by the Service Provider as per the terms and conditions of
the employment letter.
7. Confidentiality:
Both parties agree to maintain the confidentiality of any proprietary or sensitive
information disclosed during the term of this agreement.
8. Indemnification:
The Service Provider shall be responsible/liable under any circumstances for any
accident or injury and/or any third Party claim arising out of such accident and
any temporary/ permanent/ partial/ total bodily disablement/injury/infirmity and/or
death arising out of any such accident of Service Providers personnel engaged for
the assigned services for Sanjeevan Hospital in terms of costs, claim, compensation,
damages or any other consequences legal or otherwise.
During the continuance of this agreement or its renewal thereof Sanjeevan Hospital
shall observe and comply with all Rules and Regulations of the Central/State
Government or the provision of any applicable law including rules and regulations
of any local authority in force from time to time which may be applicable.
9. Governing Law and Jurisdiction:
This agreement shall be governed by and construed in accordance with the laws of
India. Any disputes arising out of or in connection with this agreement shall be
resolved through arbitration in Pune.
10. Amendment:
That it is the complete and exhaustive statement of Agreement Sanjeevan
Hospital and Service Provider and this agreement supersedes all proposals, oral or
written and all other communications and prior agreement between the parties. The
terms of this agreement shall not be amended, modified or rescinded except by a
written instrument signed by both the parties.
11. Severability:
Should any provision(s) of this agreement be held invalid or unenforceable under the
laws of India, such invalidity shall not affect any other provision(s) of this
Agreement, and neither shall it be held to affect the Agreement in its entirety. This
agreement shall then be construed as if it did not contain the provision(s) held to be
invalid, and the parties shall endeavour in good faith to replace such invalid
provision(s) with new provision(s) which shall be, as nearly as possible, similar in
its/their legal and commercial effect to the original and replaced provision(s).
12. Entire Agreement:
This agreement constitutes the entire understanding between the parties with respect
to the subject matter herein and supersedes all prior agreements and understandings,
whether written or oral.
IN WITNESSTH the parties hereto execute and sign this agreement after fully
understanding its meaning, purpose and intent on the date and place mentioned above
WITNESSES:
For Maharashtra Technical Education Society’s Sanjeevan Hospital
1. Signature ______________
Name: Dr. Jitendra Agarwal
Address:
For Samvardhanam HealthCare Services LLP
2. Signature: _____________
Name:
Address:
