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AGREEMENT BETWEEN AUTHOR & PUBLISHER FOR LUMP SUM

This Agreement is made on this 20th day of June, 2009, between:

Mr. J. N. Srivastava, Advocate, High Court, residing at 324, Badshahi Mandi, Allahabad, hereinafter referred to as “the Author”,

AND

Messrs. Orient Publishing Co., having its office at 9, Lowther Road, Allahabad, through its partner Mr. R.P. Kataria, hereinafter referred to as “the Publisher”.

WHEREAS:

The Author has agreed to compile, edit, and write two legal commentaries titled:

  1. “Commentary on Charitable Trusts under Direct Tax Laws” (approximately 500 pages), and
  2. “Law Relating to Collection, Recovery, and Stay of Recovery of Taxes under the Direct Tax Laws” (approximately 500 pages),

and the Publisher has agreed to publish the same.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

  1. Scope of Work
    The Author agrees to compile, edit, and write both books diligently and to the best of his ability. The work will be based solely on original sources, including judgments reported in various law reports.
  2. Coverage
    The Commentaries will include a comprehensive review of Indian case law, with all relevant amendments up to date. The Author shall mention full party names as reported.
  3. Compliance
    The Author shall not infringe any provisions of the Copyright Act, 1957, and will ensure original content.
  4. Manuscript Specifications
    The Author agrees to deliver typed manuscripts, duly checked and corrected for all errors. Typed pages must be of uniform size, numbered, and properly formatted with headings, subheadings, and a synopsis.
  5. Delivery Timeline
    The Author agrees to deliver the complete manuscripts to the Publisher at Allahabad on or before 30.11.2009, as follows:
    • First: “Commentary on Charitable Trusts under Direct Tax Laws”
    • Second: “Law Relating to Collection, Recovery, and Stay of Recovery of Taxes under the Direct Tax Laws”
    If requested, the Author will deliver the manuscripts in parts.
  6. Remuneration
    A lump sum of Rs. 32,000/- (Rupees Thirty-Two Thousand only) shall be paid by the Publisher to the Author, broken down as follows:
    • Rs. 15,000/- for Commentary on Charitable Trusts
    • Rs. 17,000/- for Law Relating to Collection, Recovery, and Stay
    Payment shall be made upon delivery of the complete manuscripts.
  7. Copyright Ownership
    The copyright of both commentaries shall exclusively and perpetually vest in the Publisher.
  8. Non-Compete
    The Author agrees not to compile, edit, translate, or republish the material in any other language or format.
  9. Complimentary Copies
    The Publisher shall provide five complimentary copies of each publication to the Author within one month of release.
  10. Typing Charges
    Although the Author will provide typed manuscripts, the typing cost shall be borne by the Publisher.
  11. Future Editions
    • The Publisher shall notify the Author in writing (by registered post) if they wish to publish a revised edition.
    • The Author shall respond within one month and submit the revised manuscript within three months.
    • Failing this, the Publisher is free to get the revised edition prepared by someone else, without any obligation to the Author.
    • However, the Publisher shall always mention the Author’s name in subsequent editions and may use the original content.
  12. Editorial Suggestions
    The Publisher may provide suggestions for improvement. The Author shall incorporate such changes, the cost of which shall be borne by the Publisher.
  13. Right of Publication
    The Publisher retains full rights to publish the manuscript(s) in any form and at any time, subject to Clause 11.
  14. Termination & Compensation
    If either party decides not to proceed further with this agreement, they shall compensate the other party for any losses incurred due to such termination.
  15. Jurisdiction
    All disputes arising out of or in connection with this Agreement shall be subject to the jurisdiction of the Courts at Allahabad.

IN WITNESS WHEREOF, the parties have signed this Agreement at Allahabad on the date and year first above written.

Signature: ___________________
(Author – Mr. J. N. Srivastava)

Signature: ___________________
(Publisher – Mr. R.P. Kataria, Partner, Orient Publishing Co.)

Witnesses:

  1. Mr. RAJIV MEHTA, resident of 789, Lakeview Road, Aligarh
  2. Ms. ANITA SRIVASTAVA, resident of 321, Lotus Enclave, Kurnool

DRAFTED BY: Adv. MANOJ TIWARI
TYPED BY: Ms. RITA PRASAD