Terms & Conditions of the Bio-Medical Waste Disposal Contract
Bio-medical waste Disposal Contract between SMS Envoclean Pvt. Ltd, registered under Indian Companies Act, 1956, having registered office at 28, IT Park, Parsodi, Nagpure – 440022 (hereinafter called “The Operator Organization”) appointed by the Municipal Corporation of Greater Mumbai, as a facility provider of common bio medical waste collection, transportation, storage, treatment and disposal agency, inside Municipal area jurisdiction of Greater Mumbai, on one part and the party who is an Authorized Generator of the Bio Medical Waste & who has mentioned and signed on page number one as a Member (hereinafter called “The Generator”), which includes, its/his/hers successors and assignees of the other part. Whereas the parties to the contract are desirous of entering into a contract, the terms of the contract agreed between them are recorded as under:-
1. “The Operator Organization” and “The Generator” entered into the valid contract for the Collection, Transportation, Treatment & Disposal of Bio-Medical waste against the consideration of charges approved by MCGM and for the period agreed by both the parties mutually, as mentioned on backside of this page. (Page no. 1)
2. For the fulfillment of the contract a) “The Generator” should provide the necessary training to his staff, involved in management of bio medical waste for appropriate handling and segregation of the same. If required, “The Operator Organization” can provide such training to the staff of “The Generator” and will charge reasonably to “The Generator” for the same. b) “The Operator Organization” will collect the Bio-Medical waste (which is duly segregated), from “The Generator”, through its waste collecting system, transport it, treat and dispose off the same as per the rules laid down by the Maharashtra Pollution Control Board, Central Pollution Control Board, Ministry of Environment & Forest and the Supreme Court’s orders in this regards.
3. “The Operator Organization” will undertake to make its best effort to carry out its obligation under the terms set in this agreement but will not be responsible for any infectionery reaction arising directly or indirectly for any wrong handling of Bio Medical Waste by the staff or by “The Generator.”
4. “The Organization” is not authorized to accept ‘Bio Medical Waste’ from any of “The Generator”, who has not obtained the authorization for generation of Bio Medical Waste from MPCB. “The Generators” are advised to take authorization from MPCB, at their own cost. “The Generator” should deposit one copy of MPCB Authorization with “The Operator Organization”.
5. “The Generator” should undertake responsibility to appoint minimum one person, trained as a key person, in segregation of bio medical waste and to keep the same in appropriate manner, ensuring its proper collection, segregation, storage, weighing, data generation and hand over to “The Organization’s” logistic staff. The waste storage bags & the sharp containers will be accepted only in sealed / self knotted form.
6. “The Organization” has right to reject a load of Bio-Medical waste, if 1) it is not segregated according to the given instructions 2) it is not kept in the color coded bags as prescribed under Bio Medical waste Management & Handling rules. 3) it is not kept ready in sealed / self knotted condition & delivered to the logistic vehicle, near the entrance of “The Generators” health care unit. (HCU)
7. Food waste, Coconut shells, Fruits, Flowers, Biscuits, Wrappers, Dust, Paper, Packing of the drugs etc. should not be included in the Bio-Medical waste. All these said wastes are part of Municipal Solid Waste and should be sent to Municipal Waste bins.
8. The charges of the services provided to the Health Care Establishments are fixed and approved by MCGM. The applicable charges for “The Generator” HCE are mentioned on page no. 1. The bill will be raised & delivered at the end of the month. Any change of the charges, if approved by MCGM, will be made effective, immediately, during the enforcement period of this contract.
9. The charges of the hospitals are fixed on the bed basis, (irrespective of the occupancy) and the other services provided. In case of HCE other than hospitals, the charges are fixed depending on the services / facilities. As per the guidelines issued by MPCB, the generation of total bio medical waste should not exceed 250 Gms. per bed per day, in case of bedded sections of hospitals, and 10 Kg per month in case of facilities/services like Blood banks, Labs, ENT, Dental, Clinic, OPD, Consultancy, Dispensary, AVR. This has been the basis of the fixation of charges. The maximum quantity of the bio medical waste covered under the charges is also indicated on page no. 1. Any excess weight of the bio medical waste received will be charged separately @ Rs. 20/- per kg by raising supplementary invoice.
10. The billing will be done on the last day of every month. The bills will be ready & dispatched on or before 5th of every next month. As the monthly charges are fixed, the payment of all the bills including supplementary bill, should be made within 15days from the date of billing. Non-receipt of bill will not be considered as reason for non-payment. For any delay in payment, interest @ 2% per month will be charged to “The Generator”. Bio Medical Waste collection services may be stopped, if “The Generator” does not pay the charges for more than 3 months, after sending the notice of the same to “The Generator”. Duplicate bills can be issued on request.
11. All the health care units are required to maintain the record of category wise waste generated & handed over for treatment and disposal, as specified under Bio-Medical Waste Management & Handling Rules1998 & further revised / modified on Sept. 2011.Weighing balance should be available with HCE. “The Generator” should ensure the weight & then sign on the collection list. If required, the logistic person of “The Operator Organization” will also sign on “The Generator’s” record register. Any complaint regarding the weight of the waste can be sorted out, subject to the availability of the records of weight at “The Generators” end, duly endorsed by “The Operator Organizations” collection staff.
12. As specified under Bio-Medical Waste Management & Handling Rules1998, & further revised / modified on Sept. 2011, all the health care units (The Generators) are required to file an ‘Annual Report” with local pollution control board (MPCB), every year, giving category wise details of the bio medical waste generated and handed over for treatment & disposal.
13. “The Operator Organization” will not be responsible for disposal of any illegal things, which may be stored in the bags / containers (Especially Yellow bags), as the bags are supposed to be sealed / self knotted at “The Generators” end and “The Operator Organization” is not suppose to open them.
14. A Certificate of membership may be issued annually to “The Generator” for the waste collected for treatment and disposal. This will be issued only after receiving the full and complete payment of the charges, along with outstanding, if any, from “The Generator”. Any change in the no. of beds or facilities provided should be informed to “The Operator Organization”, in writing.
15. All the Terms, Conditions, Rules and regulations framed by MPCB, CPCB, MOEF and the orders of Supreme Court regarding the disposal of Bio-Medical waste are binding on both the parties of the contract.
16. In case of any dispute or difference arising at any time between the parties in respect of this contract, the same shall be resolved in accordance with, and subject to the provisions of the Indian Arbitration Act, 1940 and only in the courts at Mumbai shall have in Jurisdiction in all matters arising out of or connecting with this contract.
17. “The Generator” may discontinue this contract by giving one month’s notice in advance, in writing. If such a notice is not received and even if the contract also gets expired, still then it will be presumed that the services of BMW collection are required by ”The Generator”. For stoppage of the services, “The Operator Organization” should receive intimation of stoppage of services, in writing, giving valid reason. The billing of “The Generator” & the collection services may not be stopped, till “The Operator Organization” gets the intimation to stop the services in writing.
18. Different color coded bags required for the storage of the Bio Medical Waste should be ordered in advance, along with the payment. The order book is available with logistic staff of “The Operator Organization”. “The Organization” can supply the bags with the bar code sticker on it. “The Generator” may be required to purchase the bar code stickers form “The Operator Organization” (for proper identification of the bag, till disposal), as required under Bio Medical waste Management and handling rules 1998 & further revised / modified in Sept. 2011.
19. The Generators can purchase and use the disposal bag from any source, but he has to ensure that the bags have been made as per standards defined under Bio Medical Waste Management & Handling rules. “The Operator Organization” can refuse to collect the bags, which do not qualify the required norms.
20. All the payments should be made strictly by A/c Payee, cross cheques, drawn in the name of “SMS Envoclean Pvt. Ltd, Mumbai.”The Operator Organization” will not be responsible for any misappropriation of cash collected from “The Generator” by the staff.
21. “The Operator Organization” is not authorized to collect, transport and dispose Radioactive Waste and Mercury. “The Generator” should take all the required precautions to ensure that no such waste will be mixed up or added to the bio medical waste bags or containers.
22. “The Generators” should make themselves aware about the provision of ‘BMW’ (Management & Handling) rules, 1998, framed under Environment Protection Act, 1986 and revised/modified as of Sept. 2011.
23. Any Faulty/Incorrect information regarding the membership will result in the termination of membership of “THE GENERATOR”
24. Any Changes in the customer name, address and contact detail should be informed in writing immediately. For any temporary stoppage of services the written intimation to the organization should be given well in advance, otherwise the generator may not get the consideration from exemption in the charges of said period.
We have understood all the above and accept the same.