TERMS & CONDITIONS FOR MO SEBA KENDRA (MSK) OPERATOR:-

Please read this terms & conditions carefully before entering into this contractual relationship. By accepting these terms & conditions, you agree to be bound by the said terms & conditions set forth below including any additional guidelines and future modifications as may be applicable for MSK Operator(s). This Terms  and Conditions (“T&C”) is a legal contract between you and Sahaj Retail Limited (Sahaj) and if at any point of time you do not agree to these terms & conditions or do not wish to be bound by these terms & conditions, you may not be allowed to act as an MSK Operator(s) of Sahaj and Sahaj shall have the right to terminate your contractual relationship on immediate basis.  You shall be allowed to act as MSK Operator(s) of Sahaj and shall have the right to provide Services subject to your adherence with the terms and conditions set forth below including relevant policies. Sahaj reserves the right, at its sole discretion, to revise, add, or delete any provision of these terms and conditions any time without further notice. You shall re-visit the “Terms and Conditions” link from time to time to stay updated of any changes that the “Site” may introduce.

 

1) Sahaj as the implementation and execution partner of the Mo Seba Kendra (CSC 3.0) Scheme, is responsible to set up, operate and manage MSKs in the State of Odisha to provide convenient and speedy Government/ Non-Government Services to citizens at their doorsteps in a cost effective manner, using Information & Communication Technologies (ICT) through Common Services Centers named as MO SEBA KENDRAs (MSKs);

 

2) Electronics & Information Technology Department, Government of Odisha is the Nodal Department and Odisha Computer Application Centre (OCAC) is declared as the State Designated Agency (SDA) for implementation of the Mo Seba Kendra scheme across the state of Odisha. 

 

3) Government of Odisha (GoO) through OCAC had developed a Unified Service Delivery Platform named as OdishaOne Portal through which various Government Services were being made available with provision for online payment facility and the Mo Seba Kendras shall be registered and on-boarded to this OdishaOne portal for delivery of Government Services to citizens.

 

4) Sahaj as the implementation and execution partner of OCAC for setting up and managing the operation and management of the Mo Seba Kendras in all five zones as mentioned in EOI vide No.OCAC-SEGP-MISC-0003-2019-20027, dated- 04.09.2020 floated by OCAC, across the State of Odisha, was responsible to build the Mo Seba Kendra network by selecting suitable MSK Operator(s) called as Village Level Entrepreneurs (VLEs), hereinafter termed as Sahaj Mitr in short “SM”   or Urban Level Entrepreneurs (ULEs) depending upon rural or urban location of MSK and those VLEs/ULEs are responsible for operating the Mo Seba Kendras and delivering various online/offline Government and non-Government services to citizens as per the terms, conditions of OCAC and Sahaj  & in accordance with the guidelines of GoO.

 

 

5)    DEFINITIONS

Acronyms

Definitions

 

CSC 3.0	The Common Service Centre (CSC) scheme under 5T Program of Government of Odisha later named as Mo Seba Kendra
DeGS	District e-Governance Society, formed by GoO, at district level, with District Collector as Chairman for implementing various e-Governance projects of Government in respective district.
G2C	Government to Citizen services which includes services provided by various Government Departments to citizens.
B2C	Business to Citizen services- All non-Government services offered to citizens
ULE	Urban Level Entrepreneur - Mo Seba Kendra (MSK) operator/Kiosk Operator/CSC operator appointed by Sahaj with approval of DeGS to operate Mo Seba Kendra and deliver services to citizens in urban area
VLE	Village Level Entrepreneur – Mo Seba Kendra (MSK) operator/Kiosk Operator/CSC operator appointed by Sahaj with approval of DeGS to operate Mo Seba Kendra and deliver services to citizens in rural area
Kiosk Operator / MSK Operator(s)/ Sahaj Mitr in short “SM”	The VLE/ULE/ franchisee appointed by Sahaj to operate Mo Seba Kendra and deliver services to citizens in rural and urban area
GoO	Government of Odisha
ICT	Information & Communication Technology
Mo Seba Kendra/ kiosks centers	Approved ICT based kiosks set up by Sahaj on behalf of Service Centre Agency for offering various G2C and B2C services to the citizens of the state in rural and urban areas

 

6. MSK Operator(s) shall be responsible for setting up & managing Mo Seba Kendra kiosks in urban or rural area in the district allocated to it.

 

7.  Delivery of all Government services available in OdishOne portal and required by the citizens shall be mandatory for the MSK Operator(s).

 

8. In addition to the services available in the OdishaOne portal, the MSK Operator(s) shall also deliver various B2C services to citizen through Mo Seba Kendra using Sahaj’s Web portal/ Mobile App/ E-commerce Platform as per the terms and conditions of OCAC/ Sahaj & under the guidelines of GoO.

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   9. The MSK Operator(s) shall be responsible to undergo required training to be provided by Sahaj for the delivery of both G2C and B2C services through OdishaOne portal and Sahaj portal respectively and the said training may be conducted in multiple phases.

 

10.The MSK Operator(s) will sensitize the citizens about the Mo Seba Kendra facilities and will promote the same in the rural areas through the State and/or District level and local promotion campaigns.

 

     11. In addition to the above, the MSK Operator(s) shall be responsible for delivery of services / perform such other work as may be notified to him/her/it by Sahaj and/or OCAC from time to time.

 

   12. Sahaj shall regularly monitor all the functions of the Mo Seba Kendras and provide required support to the MSK Operator(s) for smooth and efficient functioning. 

                                

  13.MSK Operator(s) shall strictly follow the applicable laws, guideline of GoO and any rules & regulations of OCAC and/or GoO for providing services under this T&C.

 

14.  MSK Operator(s) shall ensure that neither he/she, nor any person employed by him/her nor any affiliate nor any third-party professional of the respective kiosk centres, has been debarred under any regulatory or government authority.

 

 

     15. MSK Operator(s) hereby represent and warrant that:

 

1. It is maintaining and shall continue to maintain all statutory registers and records wherever necessary and applicable, and filing all the statutory returns and filings as set forth under provisions of the applicable laws and shall be absolutely responsible for the welfare and well-being of all its employees and provide all the necessary facility required to be provided to them under the applicable laws.

ii)   The MSK Operator(s) have all the regulatory, legal and other authorizations and    licenses to execute this T&C and it is not a party to any agreement which would            prevent it from fulfilling its obligations under this T&C.

 

3.  The MSK Operator(s) hereby agrees that if he/she employ or engaged any person or any affiliate or any third-party professional at his/her kiosk centre for providing Services as per this T&C, then all the cost, expenses and statutory liability of such person shall be the sole responsibility of such MSK Operator(s) only.

 

   16. The MSK Operator(s) shall indemnify, defend, protect and hold harmless OCAC and/or Sahaj and its affiliates, employees, officers, directors, agents, consultants and partners (“Parties Indemnified”) against any and all liability, losses including special, incidental or consequential damages, cause of action, fine, judgments, settlements and penalties, claim, proceeding, costs, expenses and damages, including but not limited to reasonable attorney’s fees, incurred by the Company arising out of or in connection with: (i) breach of any of the covenants, representations and/or warranties set forth in this T&C; (ii) breach of any of the terms of this T&C by the MSK Operator(s) or its affiliates, agents, representatives, employees, partners, sub-contractors, etc.; (iii) deviation or omission or negligence or misconduct or malpractice in providing Services; (iv) any type of trademark or design or IPR tampering or infringement done by MSK Operator(s) or its employees or third parties in any manner related to Services performed under this T&C; (v) failure to follow the instructions of Sahaj and/or OCAC by; or (vi) failure of MSK Operator(s) to comply under applicable laws.

 

 

   17. The MSK Operator(s) are committed to maintain high standards of confidentiality, secrecy and business ethics. It is a condition of this assignment as well as of the continued relationship that the MSK Operator(s) shall observe and maintain high levels of confidentiality, secrecy, preservation of business data and business ethics and shall not disclose any details or data available through this T&C to anyone or third parties. Any violation of this clause MSK Operator(s) would be responsible for any consequences in case of such disclosure. The MSK Operator(s) hereby agrees to indemnify Sahaj and/or OCAC for any consequences arising due to non-adherence of the above.

 

The obligations of confidentiality and non-disclosure set forth in this Clause shall remain in effect for a period of 5 (five) years after the termination or expiration of this T&C.

 

 18. The MSK Operator(s) cannot do any assignment under this T&C except only with the prior written consent of Sahaj. In case the MSK Operator(s) fails to perform the duties, specified scope of work and fail to comply with the given mandate as specified by Sahaj under the guidelines of OCAC, Sahaj reserves the right to terminate this contractual relationship and/or to replace the MSK Operator(s) at any location.

 

19. The MSK Operator(s) cannot enter into agreement/ contractual relationship with any other partner engaged in the similar business or activity without taking prior consent of Sahaj.

 

   20. During implementation of the scheme, if it is felt essential to amend this T&C in order to implement the scheme in a smooth and better manner and also as per any specific guidelines of OCAC and/or GoO then the T&C may be amended by Sahaj. In such case, a suitable addendum to this T&C shall be signed among the Parties to this T&C.

 

  21. Sahaj may terminate this T&C at any time with or without cause by giving 30 days prior written notice to the MSK Operator(s).

 

However, the MSK Operator(s) will be allowed to terminate this T&C with 30 days written notice only if;

 

1. there is no dues pending from him/her;
2. no complaints and/or legal cases are pending against him/her;
3. a clearance from OCAC is received in this regard.

 

1. 22.This T&C shall be automatically terminated with immediate effect on the happening of any or all of the following events:

 

1. This T&C shall be automatically terminated with immediate effect on the happening of any or all of the following events:

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3. If the relationship between Sahaj and OCAC comes to an end or if the Mo Seba Kendra Project comes to an end for any reason whatsoever.

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5.  If any complaint received against the MSK Operator(s) or the performance of the MSK Operator(s) falls below the standard or specifications set by Sahaj and/or OCAC,  Sahaj reserves the right to end or to terminate this T&C on immediate basis.

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7. If the MSK Operator(s) form a society/ union without taking prior written permission of Sahaj. In such a case, Sahaj can immediately terminate this T&C and shall also have the right to take necessary legal action against him/her.

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9.  In case of issues related to integrity, any malpractice, fraud, misrepresentation, misappropriation of cash, and/or any sort of Cyber Crime, if committed, Sahaj reserves the right to issue show cause notice, and in absence of any proper reply within stipulated time period, Sahaj reserves right to terminate the contract on immediate basis without any further notice and Sahaj to take legal action against the MSK Operator(s).

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11. The MSK Operator(s) fails to deliver any or all of the obligations within the time period(s) specified in the contract or any extension thereof granted by OCAC and/or Sahaj.

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13. The MSK Operator(s) fails to perform any other obligations(s) under the contract for any dispute(s) which may be referred to Dispute Resolution.
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23. Upon expiration/termination, Parties shall not make any use whatsoever of the information disclosed or communicated to them by the other Party hereunder or acquired by one party in connection with or generated by either party or as a result of the implementation of this T&C and shall return any document/consignment/ paper/writings in its possession.

 

   24. For the purposes of this T&C, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable and not brought about by or at the instance of the Party claiming to be affected by such events and which has caused the non-performance or delay in performance, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other extreme adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by Government agencies. The effected Party shall intimate the happening of such Force Majeure event by giving a written Notice to the other Party.   

 

25. The MSK Operator(s) shall access OdishaOne portal only for lawful purposes and shall be responsible for complying with all applicable laws, status, and regulations in connection with the use of website.

26.The information provided by the MSK Operator(s) must be complete and accurate. Sahaj and/or OCAC reserve the right at all times to disclose any information as deemed necessary to satisfy any applicable law, regulation, legal process or Government request.

27.  The MSK Operator(s) shall provide various G2C and B2C services to the citizens through OdishaOne and through Sahaj portal respectively as per the terms and conditions of Sahaj and/or OCAC and subject to the guidelines of GoO.

28. The MSK Operator(s) shall ensure that the services to be delivered are in strict compliance to the guideline issued by OCAC and in case of any irregularity and/or any loss occurred from the unlawful activity done by the MSK Operator(s), he/she shall be solely responsible for the same.     

29. The MSK Operator(s) shall ensure prominent display of kiosk/ Mo Seba Kendra certificate issued by DeGS or OCAC, citizen character/ service list with required documents, rate chart, necessary branding etc. as recommended by OCAC at the Mo Seba Kendra as per guidelines. OdishaOne Helpline number and the MSK Operator(s)’s telephone number are also to be prominently displayed at the kiosk.

30. It shall be the responsibility of the MSK Operator(s) to do the proper branding of the Mo Seba Kendra as per the terms and conditions of OCAC and under the guidelines of GoO. The MSK Operator(s) shall ensure that all the branding materials are approved by Sahaj. In case of any default, Sahaj may terminate this contract on immediate basis. 

31.  In accordance with the guidelines of the GoO and as per the terms and conditions of OCAC under Mo Seba Kendra scheme, all the Mo Seba Kendras which are located in the rural areas are allowed to establish the centers inside the premises/building of the respective Gram Panchayat office under the supervision of the Panchayatiraj & Drinking Water Department, Govt of Odisha (PR & DWD) to render various G2C and/or B2C services to the Citizen of the State. If any MSK Operator(s) refuses to shift/relocate his/her existing Mo Seba Kendra within the said office premises of the respective Gram Panchayat, then Sahaj shall have the right to identify new MSK Operator(s) to set up his/her Mo Seba Kendra within such Gram Panchayet office premises.

 

   32. The MSK Operator(s) shall pay a one-time non-refundable registration fee amounting to Rs.5,000/- to Sahaj and for availing all other B2C services an Annual non-refundable Training & Activation fee of Rs.7,700/- or as per service wise prevailing rates in that very market or depending on the primary service providers (i.e., IRCTC, AePS, DMT, BBPS, BCA etc.) partnering with SCA’s policies for the entire contract period.  

 33. The commission charges of the MSK Operator(s) shall be paid to the designated bank account of the MSK Operator(s), after deducting/ adjusting applicable Taxes. Sahaj shall pay the commission charges towards G2C services to the MSK Operator(s) based on the MIS report generated from OdishaOne portal on such commission charges of the MSK Operator(s). The release of commission charges to the MSK Operator(s) shall be made by Sahaj once the commission is received in the bank account of Sahaj from OCAC and Sahaj shall ensure release of commission charges to the MSK Operator(s) accordingly.

 

 

34. The MSK Operator(s) shall be responsible for sending the documents pertaining to any Line Department (in respect to their services being delivered through OdishaOne) as per timelines defined in the T&C/ document signed for that service.

35. The MSK Operator(s) shall be solely responsible and liable for any kind of irregularity/ manipulation on its part, manually or through OdishaOne portal.

36. Sahaj shall have the right to control the activities of the MSK Operator(s). If at any stage, the MSK Operator(s) indulges in any fraudulent activity, then Sahaj shall take necessary legal action against him/her under information to OCAC and submit the proof of action taken to OCAC.

37. It shall be the responsibility of the MSK Operator(s) to comply with all the KYC formalities with Sahaj and to obtain Police verification report and/or other necessary permission and/or approval from Competent Authority before entering into this contractual relationship and as may be required for providing services under this T&C in a timely manner.

38. During the subsistence of this contractual relationship, if any penalty and/or fine imposed on Sahaj by OCAC or GoO for any default directly attributable or related with the MSK Operator(s) for any act or negligence or breach of any manner, then such MSK Operator(s) shall be liable to pay such penalty or fine to Sahaj on immediate basis. 

 

 

39.FEES AND PAYMENT:

1. COMMISSION CHARGES:

The per transaction commission charges for delivery of services through OdishaOne portal shall be shared between OCAC/DeGS, Sahaj and Kisok/MSK Operator(s) as per the following table:

SL. No.	Total monthly commission on the transactions of MSK Operator(s)	MSK Operator(s) share	Sahaj share	OCAC/ DeGS share
1	Upto Rs.2,500/-	80%	15%	5%
2	More than Rs.2,500/-	85%	15%	0%

 

7. SERVICE LEVEL MATRIX AND PENALTY:

SL No.

Agreement Parameters

Breach

Penalty for breach

Breach of Contract

 

1

Service Delivery: Continuous delivery of all Government assigned services to citizen

No transaction on OdishaOne portal for a continuous period of 2 weeks (one fortnight) or does not deliver any other services approved by GoO

Rs.1,000/- per fortnight (i.e. for 2 weeks) starting from third week i.e. for 2nd fortnight, subject to a maximum of Rs.4,000/-

Locations SM/ VLE will be replaced, with New person inducted. If the work doesn’t recommences, before END of the continuous non transections period of 60 days i.e 4fortnight or 8weeks.

 

40.SERVICE LEVEL MATRIX AND PENALTY:

SL No.	Agreement Parameters	Breach	Penalty for breach	Breach of Contract
1	Service Delivery: Continuous delivery of all Government assigned services to citizen	No transaction on OdishaOne portal for a continuous period of 2 weeks (one fortnight) or does not deliver any other services approved by GoO	Rs.1,000/- per fortnight (i.e. for 2 weeks) starting from third week i.e. for 2nd fortnight, subject to a maximum of Rs.4,000/-	Locations SM/ VLE will be replaced, with New person inducted. If the work doesn’t recommences, before END of the continuous non transections period of 60 days i.e 4fortnight or 8weeks.

 

41.The provisions of this T&C shall be governed by and construed in accordance with Indian law and under the exclusive Jurisdiction of the Courts at Odisha. Any dispute arising out of this contractual agreement, the same would be resolved under Odisha jurisdiction.

 

42.In addition to the provision mentioned in this T&C, the terms and conditions and other provisions of any Agreements and/or any other documents executed between Sahaj and OCAC, which are not specifically included in this T&C shall also apply to this T&C mutatis mutandis.  

43.This T&C is in addition to the main Franchisee -Sahaj (SM) agreement with Sahaj Retail Ltd & this one is w.r.t Odisha Mo Seba Kendra operations only.

 

Note:- This Terms & Conditions shall be treated as a part and parcel of the SM Agreement         duly executed between You and Sahaj Retail Limited.