2010-09-30_NRL for Butterfly and Plant - CSIR

MEMORANDUM OF UNDERSTANDING
BETWEEN
Numaligarh Refinery Ltd.
AND
North-East lnstitute of Science & Technology
FOR
CONSULTANCY ON "BUTTERFLY
AND PLANT INTERACTION STUDIES
IN NRL
BUTTERFLY VALLEY" FOR 'NUMALiGANTI
REFINERY LTD'
*-, ..,W#*.re"
(A
national laboratory of GSIR)
Jorhat - 795 006, Asiam'!lrll-"j
{qfl
il'a
& rechnorosy
--
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11:.:.-;,;1pi,.l :t:qtqf
34-? i;;7 1 a
J{:
;ffi;:;
k:^-East
lnstitute
lf
$cie nce and Tecrumurry
--Jo{nat,7flS0OftAsses
K f'4s
Numaligarh Refinery Ltd.
(A Government of lndia Enterprise)
Namaligarh - Zg5 699, A'ssani
M.1.
MEMORANDUM OF UNDERSTANDING
M'1'1
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and
entered into force
-Torr"-
this 3C
between Council
day
of fu*?
of Scientific &
Two Thousand
tndustriat Research, a
Society registered under the Societies Registration Act XXI of 1g60,
having its registered office at Anusandan Bhavan,2, Rafi Marg, New
Delhi-1 10 001, (hereinafter called CSIR which expression
shall where
the context so admits include its successors and permitted assigns)
of
one part
AND
M.1.2.
Numaligarh Refinery Ltd., a public sector company registered under
The Company Act.
...... having its registered office
at Numaligarh, Golaghat, Assam (hereinafter called as NRL, which
expression shall where the context so admits includes its successors
and permitted assigns) of the other part.
M
K S*be
M.2.
PREAMBLE
M.2.1.
WHEREAS NRL is engaged in refining
, producing and marketing
of
petroleum products, has approached CSIR for consultancy service for
Buttedly population studies in NRL Butterfly Valley.
M.2.2
WHEREAS the Butterfly Valley at NRL Township was started with an
objective to create specially designed butterfly shelters for rare and
endangered species with natural habitat and the Butterfly Valley has
been
a
great motivator for conservation of butterflies and has
generated lot of enthusiasm and attraction to the people of Assam in
general and the environmentalists in particular as a study centre of
the most exquisite creation of Mother Nature, viz., the butterflies.
M.2.3 WHEREAS NRL proposes to maintain the Butterfly Valley in a
scientific manner so as
to to bring in continuous
Valley and plans to carry out
population and also
improvement in the
, a systematic study of the
butterfly
of the natural conditioning congenial to
the
butterfly population by a professional body having expertise in the
subject field.
M.2.4 WHEREAS CSIR at its North-East lnstitute of Science &
fechnology (Formerly known as RRL), Jorhat (hereinafter called the
NEIST) has the expertise in the said area and has agreed to
undertake the same as per scope of work detailed in Annexure-l to
the MOU (hereinafter referred as the ACTIVITY).
Now, therefore,
in
consideration
of the
premises and mutual
covenants hereinafter contained the parties hereto agree to enter in to
a
Memorandum
Of Understanding with the following terms
and
conditions:
M.3
DETAILS OF MOU
M.3.'1 The MOU details
:
( a ) The Scope of the work as detailed in Annexure I of this
Sr/
MOU
K(-i;
hereinafter called as ACTIVITY.
(b) The Terms and Conditions for CSIR/NEIST undertaking the
ACTIVITY for NRL
.
(C
)
The financial arrangements and
(d
)
Rights and obligations of the parties hereto , pertaining to the
,
ACTIVITY.
3.2 The CSIR/NEIST will take complete responsibility for the entire
scope of MOU as given in Clause M.3.1 (a) above
M.4
.
FINANCIAL ARRANGEMENT
M.4.1.
ln consideration of CSIR/NEIST undertaking the ACTIVITY the NRL
shall pay to NEIST a sum of Rs 21.15068 Lakhs and a service tax
@103% (Rs. 2.17852004 lakh) as per applicable rates. The time of
payment. as follows
:
Rs. 6.032 Lakh at the time of signing of MOU
plus service tax Rs.
0.6213 Lakh
Rs. 6.032 Lakh plus service tax Rs. 0.6213 on submission of three
copies of 1't year Progress Report.
Rs. 6.032 Lakh plus service tax Rs. 0.6213 on submission of three
copies of
2nd
year Progress Report.
Rs. 3.05468 Lakh plus service tax on submission of three copies of
final Report on comptetion of the project.
(All payments are to be made by Demand Draft in the name of
Director, NEIST, Jorhat, payable at SBl, RRL-Jorhat Branch or etransfer in NEIST account No. at SBl, RRL-Jorhat Branch.)
M.4.2.
ln addition the NRL shall pay all the taxes including surcharges of
Central Government and State Government as applicable on the date
of payment. All such taxes are subject to change as per the directives
of the Government of lndia / State Government.
M .4.3
w
V,l;n
lf CSIR/NEIST fails to deliver the Report within the time frame
Lt*u*
set forth
in
clause M.4.1 and the as per the Schedule of Activities
detailed in Annexure I , for reasons not attributable to NRL and solely
attributable to GSIR/NEIST, NRL shall be entitled to a price reduction
of an amount of 0.5% of the payable amount or part thereof for per
week delay.
The parties however agree that the aggragate amount of such price
reduction shall in no event exceed
5o/o
of the total amount payable for
the Project.
M.4.4
Billing Schedule
CSIR/NEIST shall raise the invoice for the above mentioned amount
within 15 days of submission of reports and NRL shall settle the same
subject
to the effect that bill is cleared by the NRL Township
department within a period of 3 weeks thereof after making all such
adjustment, if any. ln case of delay in settlement of bill NRL shall be
liable to pay penal interest equivalent to SBI PLR on the outstanding
amount.
M.5.
RESPONSIBILITIES OF CSIR / NEIST
M.
5.1
CSIR/NEIST shall undertake the AGTIVITY in accordance with the
- I to the MOU. The persons
engaged by CSIR/NEIST to undertake the activity as detailed in
scope of work detailed in the Annexure
Annexure-l will be administratively reporting to NRL and their working
hours will be similar with NRL time. NRL shall however
, have the
right to accept or reject any such personnel found not suitable for
such activity.
M.5.2.
cslR/NElsr shall complete the AGTlvlrY including submission of
the final Report within 3 Years and 2 months of signing the MOU.
M.5.3.
The period for completion of ACTIVITY could however, be extended
to such further period as may be required and mutually
between the parties without any liability on the part of NRL.
M.5.4.
agreed
CSIR/NEIST shall not offer any guarantee on the validity of the prices
used in the cost analysis, as they keep changing
frequently.
However, the financial projections and estimates indicated will be
s/
Lt**
approximate based on the data collected at the time of preparing the
REPORT and as such the estimates may vary between
10 %.
t
M.6.
RESPONSIBILITIES OF THE NRL
The NRL shall provide to the NEIST all basic data ldetail information
/ manuals, if any, available with them and required by the NElsr for
M.6.1
undertaking the ACTIVITY.
The NRL shall, consequent to Acrvrry undertaken by NElsr and
upon implementation of results thereto, disclose to cslR/NElsr,
M.6.2.
benefits accrued
to the NRL in
monetary
or other terms for
information and record of CSIR.
M.7.
EFFECTIVE DATE, DURATION AND TERMINATION OF MOU
M.7.1.
The MOU shall be effective from the date of signing the MOU and
shall remain in force for the period of 3 years and 2 months from the
effective date.
M.7.2.
During the tenure of the Mou parties hereto can terminate the Mou
either for violation of any of the clauses of the Mou or other work by
giving one-month notice in writing to the defaulting party. Failure of
either party to terminate the Mou on account of breach of default by
the other shall not constitute a waiver of the party's right to terminate
the MOU.
M.8.
SETTLEMENTS
M'8'1
ln the event of termination of the MOU vide M. 7.2 lhe rights and
obligations of the parties hereto shall be settled by mutual discussion:
the financial settlement shall take into consideration not only the
expenditure incurred but also the expenditure committed by CSIR /
NEIST.
M.9.
CONFIDENTIALITY
M.9.1.
During the tenure of the MOU and for a period of 3 years and 2
months of its expiry both CSIR / NEIST and NRL including their sub-
vq"P
Kq,gg
if any shall treat as strictly confidential and prevent
disclosure thereof of all the information and data exchanged I
contractors,
generated under this MOU for any purposes other than that
in
accordance with this MOU.
M.9.2.
Neither NRL nor the CSIR / NEIST or their personnel, agents or
associates shall divulge to any one (other than persons designated
by NRL disclosing the information) say information designated
confidential and obtained from disclosing NRL during the course of
the work so long as and to the extent that the information has not
become part of the public domain. This obligation does not apply to
information furnished
or
made known
to the
recipient
of
the
information without restriction so to its use by third parties or was not
in the recipients possession at the time of disclosure by the disclosing
NRL. Upon completion of the works or in the event of termination of
the"MOU , CSIR / NEIST shall return to the NRL all drawings, plans,
specifications and other documents supplied to the CSIR
/ NEIST by
or on behalf of the NRL or prepared by the CSIR / NEIST solely for
the purposes of performance of the works.
M.1O GENERALPROVISIONS
M.10.1 The CSIR / NEIST shall not be responsible for any damage
property/plant/material / personnel
of
to
NRL or the beneficiaries during
the course or consequent to jobs taken up under this MOU.
Similarly, NRL shall not be
property/planVmaterial
/
responsible for any damage
personnel
of
CSIR
/
NEIST
or
to
the
beneficiaries during the course or consequent to jobs taken up under
this
M.10.2
MOU.
The CSIR
/ NEIST shall during the tenure of the MOU or thereafter,
be free to take up, without any prejudice
to
NRL, consultancy work
similar to or same as the ACTIVITY, for other parties on terms and
conditions as it may decide upon.
s"f
Kq-{&
NRL shall also have the right to engage any other consultancy firm to
carry out similar nature of job in case
it so desires without any
prejudice to GSIR/NEIST for similar kind of activities.
M.10.3
The findings from the study and the Report submitted by CSIR/NEIST
will be the joint property of NRL and CSIR/NEIST. ln the event of any
finding from the study being patented, NRL and CSIR/NEIST will be
the joint owner of the property under lPR.
M.11. COMPLETION
M.11.1
OF ACTIVITY
The ACTIVITY shall be deemed to have been successfully completed
on submission of the Final Report as stated herein before by the
CSIR / NEIST to the NRL.
M.12
PUBLICATIONS
M.12.1
CSIR
/
NEIST and NRL shall have the right to publish in respect of
any activity as laid down in the MOU subject to permission from the
other party under the MOU.
M.l3
FORCE MAJEURE
M.13.1 Neither party shall be held responsible for
non-fulfilment of their
respective obligations under this MOU due to the exigency of one or
more of the force majeure events such as but not limited to Acts of
God, war, flood earthquakes, strike, lockouts, epidemics, riots, civil
commotion etc., provided on the occurrence and cessation of any
such events, the party affected thereby shall give a notice in writing to
the other party within one month of such occurrence or cessation. lf
the force major conditions continued beyond.three years, the parties
shall then mutually decide about the future course of action.
M.14
NOTICES
All notices and other communications required to be served on both
the parties under the terms of this MOU, shall be considered to be
duly served, if the same shall have been delivered to, left with or
posted by registered mail to the following Addresses
s-'/
;
\cGe'
1,1,il:il:1lfl1?r:",i|n:T,:k
2) North-East
lnstitute
of Science &
laboratory of CSIR), Jorhat
M.15
(A Government or rndia Enterprise)'
Technology,
(A
national
-785 006, Assam
ARBITRATION
ln the event of any dispute or difference between the parties hereto,
M.'1 5.1
such disputes or differences shall be resolved amicably by mutual
consultation or through the good offices of empowered agencies of
the Government of lndia. lf such resolution is not possible, then the
unresolved dispute or difference shall be referred to arbitration of an
arbitrator to be nominated by Secretary, Department of Legal Affairs
(Law Secretary), Government of lndia
in terms of the
Office
Memorandum No.55lgl1l75-CF dated the 19th November 1995 issuecl
by the Cabinet Secretariat (Department of Cabinet Affairs), Govt. of
lndia as modified from time to time. The arbitration Act 1940 (10 of
1940) shall not be applicable to the arbitration under this clause. The
award of the Arbitrator shall be binding upon parties to the dispute.
Provided, however, any party aggrieved by such award may take a
further reference for setting aside or revision of the award to Law
Secretary whose decisions shall bind the parties finally and
conclusively.
M.16
AMENDMENTS TO THE MOU
M.'16.1
No amendment or modification of this MOU shall be valid unless the
same is made in writing by both the parties or their authorised
representatives and specifically stating the same to be an amendment
of this MOU. The modifications / changes shall be effective from the
date on which they are made / executed, unless otherwise agreed to.
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SEAL OF PARTIES
Witness thereof the parties hereto have signed this agreement on this
of-----------7U"k
Two Thousand
*ft^'
30
aay
mentioned here in before
Parties.
For and on behalf of CSIR / NEIST
Signature
wn
Name B c- 9*t Cr A,
For and on behalf of NRL
Signature
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Designation
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Seal
Witnesses(Name & Address)
Seal
Witnesses(Name & Address)
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ANNEXURE.I
BROAD ACTIVITIES
Activities:
1. Studies in larval and nectar host plant range and preferences of
some
important butterfly species.
2. Studies on biology of few important butterflies.
3. Studies on foraging behavior of butterflies.
4. Studies on butterfly and host plant species diversity in adjoining buffer zone.
5. ldentification of parasitoids and entomopathogens of eggs, larva and pupa of
butterflies
Activities in Phase-wise
Sl. No.
1.
Approximate time
frame
Activities
in larval host plant range and
preferences of some important butterfly
Studies
December,2010
October 2012
-
December 2010
June 2013
February 2011
November 2012
-
December 2010
October 2012
-
species.
2.
Studies on biology of few important
butterflies
3.
ldentification
of
nectar host plants and
studies on foraging behavior of butterflies.
4.
Studies on butterfly and host plant species
diversity in adjoining buffer zone.
5.
ldentification
of parasitoids and
entomopathogens of eggs, larva and pupa
-
March 2011 October 2013
of butterflies
b
Project Report preparation
October 2013 November 2013
K (.^4e"
Brief description of the activities:
Activity 1: Studies in larval host plant range and preferences of
some
important butterfly species.
Most of the butterflies are generally monophagous or oligophagous and can
exploit only a few plant species as larval and nectar resources. ln North-east
lndia, limited plant species have been identified as butterfly host plants and it
is very much important to identify larval and nectar host plants from
rich
indigenous flora of our region. Therefore, studies will be initiated to document
larval and nectar host plant of each of the important butterfly species for
preparing a database. Further, feeding preference will be observed for each of
the important butterfly species in their different larval host and subsequently,
the preferred host plant will be identified. The endeavour is important for
butterfly conservation and selection of plant species to be planted in the
garden in future.
Activity 2: Studies on biology of few important butterflies.
Understanding
environment
of
biology and lifecycle parameter
of
butterfly
in local
is crucial for its conservation. Butterflies are poikilothermic
animal and their growth stages are highly dependant on abiotic factors like
temperature. Therefore, duration of growth stages of butterfly varies in region-
wise. Lifecycle studies of lndian butterflies are still infancy and for many
species, it is not yet documented. However, it has importance for
understanding
the interaction of abiotic factors on butterfly population.
Therefore, the attempt will generate many vital information of growth stages of
butterflies which in turn would provide basis for butterfly conservation and rnvifro
m ultipl
ication of endangered butterfl ies.
Activity 3: ldentification of nectar host plant and studies on foraging behavior
of butterflies.
Keqe
-
Plant produce flowers to attract pollinator for their pollination. However, plants
intentionally discard many pollinators and favour only
a few group of
pollinators with discriminating their resources like flower shape, colour, nectar
and pollen quality and quantity etc. Plant-pollinators interaction started since
the development of angiosperms and on the long race of evolution plant
developed strategies for restricting a small group of pollinator profiles by
making unfovourable of their resources for majority of pollinators. Butterfly
pollinates many plant species and plays a significant role in conserving plant
diversity
in nature. However, butterfly donot pollinate flowers of all
plant
species and even a particular species of butterfly pollinate only a few plants
species. Flower specificity of butterfly is an evolutionary phenomenon and
contributed by both plant and butterfly. Nectar resource preference of lndian
butterflies are not yet studied properly, despite its remarkable importance in
plant and butterfly conservation and understanding evolutionary interaction of
plant and pollinator. Therefore, it would be important to identify nectar
resource of each of the important butterflies and to study their foraging
behavior.
Activity 4: Studies on butterfly and host plant species diversity in adjoining
buffer zone.
Buffer zone plays a crucial part in maintaining balance and stability of the
ecosystems in reserve forest or conservation pockets. The butterfly valley of
NRL which is' surrounded by buffer zone is. important for conservation of
butterflies. Butterfly often migrate from buffet zone to valley and from valley to
buffer zone depending upon availability of food and other biotic and abiotic
pressures. Survey of butterflies in the buffer zone will provide information on
the productive capacity of buffer zone ecosystem which is important for the
butterfly valley. Further, identification of butterfly host plant in the buffer zone
would be helpful to incorporate such plant in the butterfly valley.
Activity 5: ldentification of parasitoids and entomopathogens of eggs, larva
and pupa of butterflies.
KGu-
i'e' parasitoids'
butterfly population depend on biotic factors
attack
predators, pathogens etc. Many parasitoids and entomopathogens
conservation of
different stages of butterflies. Therefore, for effective
of parasitoids and
butterflies in the NRL butterfly valley, identification
ln nature,
entomopathogens are very important'
Major outPut from the Project:
1.
ecology, larval and host
substantial basic information on butterfly biology,
parasitoid complex etc
plant range & preferences, butterfly behavior, their
the conservation of
will be generated which will be fruitful for not only
substantial knowledge
butterfly in NRL Butterfly valley, but also contribute
to lndian butterflY research.
of NRL Butterfly valley in
2. The outcome would be vital for maintenance
plan for any part of NE lndia'
future and to develop butterfly conservation
3.AtleasttwoProjectAssistantsmaybeawardedPhDdegrees'
4. The outcome would be useful to motivate young students, children
towards butterfly and ecosystem conservation'
KGe-