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work order in place of formal agreement

(Querist) 08 July 2009 This query is : Resolved 
In case of an educational Institute, a tea/coffee kiosk is given on rent on annual basis.The selection of vendor is done through tendering process and rent amount Rs.8000 approx. is paid every month by vendor to the Institute.

My query is:

1 Can we simply issue a work order with usual terms of conditions of paying rent of a fixed amount with in first week of every month and selling tea/ coffee at the predetermined price.one of conditions include that the vendor shall ensure that no disturbance/ damage is caused to the Institute during the course of their operation.

OR


We should enter into an agreement in an stamp paper.


2 What are the implilcations in the above mentioned two cases.
Jayashree Hariharan (Expert) 08 July 2009
as far as my limited knowledge goes, work order is different from rental agreement.

True, you are giving work to the kiosk person, that is work order.

He has to pay rent, that is rental agreement.

In this case, you have two different cause of action, so it has to be separate. Rental agreement on stamp paper and then work order separately.

A V Vishal (Expert) 14 July 2009
Dear Kapoor

It is a simple case of letting out space to establish the tea/coffee kiosk. There cannot be any any work order, since there is no contract between you and the institute, the tender was called for bidding the highest rent only, hence enter into a rental agreement with the institute.


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