DRAFT OF AGREEMENT
This
Agreement is made and executed at Delhi on this the ……
…….. ………… Day of the month of ……… …….. ……….of
the year of Two Thousand Six/Seven by and between the Owner, Publisher, Editor and Printer of the Newspaper/Magazine Titles:
(1) SUCHNA KA ADHIKAR (for Newspaper/Magazine in Hindi); (2) RIGHT TO KNOW (for Newspaper/Magazine in English Language), (One
should be deleted) Shri Milap Choraria, Son of Late Sri Deep Chand Ji Choraria, permanent resident at Tamkore, District
Jhunjhunu (Rajasthan) and present resident of B-5/52, Sector-7, Rohini, Delhi-110085 which shall mean and include his legal
heirs, successors, agents, assignees, attorneys, nominees, administrators, executors and / or any other person claiming through
or on his behalf hereinafter called as the PUBLISHER OF THE CENTRAL MAGAZINE
/ FIRST PARTY A N D Shri ……………..
……………… ……….. …………. ……………….
……………………… ……………………………….
…………… …………… …………………….. …….. ….. …… …….. ….. ……. …….. ……. ……
……. …… ….. …… ….. …… …… …….. ……
…… ….. ….. ….. … …… which shall mean and include his/her/its legal heirs, successors, agents, assignees, attorneys, nominees, administrators,
executors and / or any other person claiming through or on his/her/its behalf hereinafter called as the (LOCAL PUBLISHER OF THE MAGAZINE NAMED HEREIN)/SECOND PARTY
Background of the Agreement:
1.
Basic Object of the Magazine: The basic object
of the Magazine is to develop a movement to strengthen the democratic values and principles in the governance, based on the
basic principles of governance for the people, by the people and with the people. However, the implementation of which is
not possible without people’s participatory role in the governance. Participatory role of the people in the governance
can be ensured only through their ‘Right to Know’. Therefore, it is
important that the Magazine is able to reach the remotest grass root level, to enable the people to activate themselves to
see that their ‘Right to Know’ is translated in to reality. This would eventually help in a building as situation
where corruption is gradually reduced to a great extent if not altogether eliminated and thus ensure the laying of the path
of good governance. Readers of the Magazine could be made aware about the process/ processes involved through the respective
details concerning various issues related with the problems and / or facilities available through Public Authorities and case
studies etc., and through other materials, about the manner as to how to get the benefit of this Right.
2.
Central Magazines: The Magazine/ Magazines would
be published in Hindi under the Title of “SUCHNA KA ADHIKAR” and in
English under the Title of “RIGHT TO KNOW” from Delhi. Presently Annual Price for separate Hindi/English Monthly Edition is kept at Rs.100/-
(Rupees One Hundred) only.
3.
Local Magazine: The Magazine which will be published
in Hindi under the Title of “SUCHNA KA ADHIKAR” and/or in English
under the Title: “RIGHT TO KNOW” and can be published in any other
Indian Language from any place in India
under agreement between the owner of the Title and the Local publisher.
WHEREAS in consideration of the aforesaid object of the Magazine, the Second Party agrees to publish Local Edition
of the Magazine, in Hindi under the Title of “SUCHNA KA ADHIKAR” or in English under the Title: “RIGHT
TO KNOW” (One should be deleted), for a particular area namely of the locality of the
‘Name of Local area for publication’. First Party is free to enter
in agreement(s) with other parties for publication of the Editions of the Magazines from other areas, except ‘Name of Local area for publication’.
WHEREAS BOTH THE PARTIES AGREE TO INDENTURE THIS AGREEMENT WITH THE FOLLOWING TERMS AND CONDITONS:
1.
(1) Editorial Advisory Board:
To
strengthen the aforesaid objects such persons as are known to have the reputation in the furtherance of such cause, and eminence
having a good reputation for their integrity and honesty would be invited to join as the Members of the “Editorial Advisory
Board” by the Owner of the Title.
(2) Names of the Editorial Board: Each local edition/Second Party herein shall publish the names of the Members of the Editorial
Board, and address of the Central Magazine, in its each issue, in the minimum printable as well as legible size of the fonts.
(3) Powers of the Editorial Advisory Board:
1. Whenever, any complaint received in respect
of Second Party including its publisher or Editor, the Central Magazine/First Party would serve a show cause Notice to the
Second Party. The Second Party shall submit its rejoinder/reply within 15 days from the receipt of such show cause Notice.
After the receipt of such rejoinder/reply, the Central Magazine/First Party would circulate the aforesaid complaint along
with the rejoinder/reply to each Member of the Editorial Advisory Board for their comments/ recommendations. After considering
the individual Member’s recommendations, a solemn warning could be issued to the publisher. But, in case it is found
by the majority of the Board, that the conduct of the Second Party (publisher or Editor) is of a serious nature, then it would
be taken as a breach of this agreement and publication of the Magazine from the Second Party would be withdrawn forthwith.
This arrangement is supposed to be an integral part of this agreement.
2. Similarly, the Second Party (Publisher of
the Local Edition) can also make complaint, if any, against the Central Magazine and the Editorial Advisory Board will enquire
the matter in the same manner and submit its findings. Decision of the Editorial Advisory Board shall be binding upon the
both side parties.
3. The First Party also submits a complaint,
against Second Party and the Editorial Advisory Board can enquire the matter in the same manner and submit its findings. Decision
of the Editorial Advisory Board shall be binding upon the both side parties.
4. The payment of honorarium and or of the reimbursement
of transport/travel/ miscellaneous expenses etc., to the members of the Editorial Advisory Board, would be made by the First
Party, will be subject to the terms and conditions made in the respective agreement with the respective Member, in this regard.
5. If the ‘Editorial Advisory Board’
as a whole, with the exception of the respective Member in question, finds that a member is also not fit for the membership
of the Editorial Advisory Board, it would be conveyed to the First Party, as a decision of the Board, which would be binding
upon all the parties.
6. Wherever the “Editorial
Advisory Board’ is not in existence, all the powers of the “Editorial Advisory Board’ shall vest in the
Owner of Title, subject to the judicial scrutiny.
2.
Website: The First Party would develop and provide
a Website for the Magazine. One page of the Website would be allotted by the First Party to the Second Party to publish the
names of its Editor, Printer, Publisher and Postal Address and Rate of prevailing advertisements along with mechanical data.
Additional space and Email ID from the Magazine Website would be given in consideration of the cost of the Website and its
maintenance cost & other charges including for its hosting etc.
3.
Price of the Magazine: Second Party shall start
the publication of the Magazine at least with 4 Pages, of the Size of 29 X 21 cm with the 1000 Copies. However, the size of
the Local Issue can rest with the discretion of the Local Publisher. The price of the Local Magazine
shall be fixed on the basis of a cost chart wherein a 100% up-marking could be done, on the cost of the Paper and Printing,
to cover the additional costs on account of administrative expenses, along with the difference accruing due to the conversion
into rupees and or while trying to bring the price level to a round figure. Profit for the Second Party would occur
from the advertisements only.
4.
Period of Magazine: To begin with, the Second Party would publish the Magazine
on the monthly basis. However, after having an experience for one year, it could be converted into a fortnightly or weekly,
after due permission from the owner of the Magazine.
5.
Principle for Advertisement:
(1)
Maximum 50% of the Print Area can be covered by the advertisements. The 50% is maximum limit. However, Second Party should
bear in mind that the International standard for the Advertisement is 35%.
(2)
The Second Party cannot and should not publish any advertisement in the Local Magazine which might in any way, directly or
indirectly, lead to the encouragement or promotion of smoking and drinking of any kind of braveries or which might lead to
the encouragement or promotion of any other type of the bad/unsocial habits amongst the Citizenry.
7.
Common advertisement: Rate for common advertisement for two or more editions and sharing patterns for
advertisement amounts shall be decided by the Owner of the Magazine which shall be binding upon all the parties. However,
before deciding a pattern, suggestion should be invited from all local editions.
8.
Editor of the Local Edition: The Second Party/
Local Publisher shall be responsible to appoint himself or at his/her own risk and responsibility another person as a “Local
Editor” of the Local Edition of the Magazine, who will be legally responsible under the P. R. B. Act. This responsibility
should be disclosed in each issue of the Local Magazine. The owner of the Central Magazine shall not be responsible, in whatsoever
manner, for any defamatory or otherwise material published which might be far from the truth or might not be in accordance
with the principles of fair journalism. In such matters the Second Party/Publisher of the Local edition shall be fully responsible
for all consequences, whatsoever, due to any materials collected and published by the local edition, except for the material,
which is supplied to them by the Central Office/First Party. Whatever and whenever any material supplied by the Central Magazine
is published, it would be incumbent upon the Second Party to mention the same.
9.
News Coverage: The First Party/Central Magazine
would provide all news related to Central Information Commission to the Second Party/Local Edition at the free of charges.
News relating to State information Commission and other matters should be collected by the Second Party/Local Edition through
its own sources. Translation of news from English to local language should be arranged by the Second Party/Local Edition at
its own cost and arrangement.
10.
Commission on advertisement: If Central Magazine
can arrange any advertisement for the local edition or Local edition can arrange any advertisement for the Central Magazine,
the Commission should be in accordance with their respective prevailing commission structure.
11.
Second Party authorised to act on behalf of the Title Owner with full responsibility specifically and exclusively
for the Local Edition:
1. Second Party/ Local publisher of the Magazine
is hereby authorised to submit application before the District Magistrate or any Authority for permission to publish the Local
Edition of the Newspaper, submitting attested photocopy of this Agreement. In the Application it should be referred as: “SUCHNA
KA ADHIKAR or RIGHT TO KNOW (‘Name of Local area
for publication’)”. In the application form Name of the Owner of the Title should be referred as: Milap
Choraria, B-5/52, Sector-7, Rohini, Delhi-110085.
2. Second Party/ Local publisher of the Magazine
is hereby authorised to submit Declaration for the publication after permission from the Registrar General for Newspapers
in India through District Magistrate or
any authority, as the case may be. Similarly the name of the owner of the Title in the declaration should be referred as:
Milap Choraria, B-5/52, Sector-7, Rohini, Delhi-110085.
3. Second Party / Local publisher of the Magazine
is hereby authorised to comply all the other formalities relates to Local Edition of the Magazine, time to time, as may be
required under the P. R. B. Act, for the Local Edition. Failure to this account on shall be amounts as breach of the Agreement.
4. That Second Party
/ Local publisher of the Magazine is hereby authorised to apply for the Postal Registration
for the Local Magazine to be posted at the concessional rate of the postage.
12. Financial
Obligation of the Local Edition for entering in the agreement:
1.
At the time of execution of this Agreement, the Second
Party is liable to make payment of Rs.1,000/- (Rupees one thousand only) on account of 10 (Ten) annual subscriptions of the
Central Magazines in Hindi/English Edition in advance. These subscriptions are transferable to actual subscribers, against
payment from Third Parties. These 10 (Ten) Coupons would be valid for transfer to third parties, against payment, within one
year from the date of the execution of this Agreement. The supply of the Magazine to such third party shall be start form
the date when their Names with full address received by the Central Magazines for its Hindi or English Edition from the Second
Party.
2.
Once Local Edition of the Magazines crosses circulation
of 1000 copies or get advertisement for 20% space of print area, starting from that issue, the Second Party shall make 10%
(Ten Percentage) payment of monthly net arrivals as Royalty to the First Party and same shall be remitted within 15th
of the following Month thereof, irrespective of whether Second Party received the payment against such advertisement or not.
3.
The Second Party / Publisher of the Local edition
shall not be liable for any other burden of any kind, in respect of the Central Magazine, or the first Party, except in case,
an enquiry is conducted by the Editorial Advisor Board against any complaint of misuse of the magazine for any yellow journalism
or otherwise.
13. OTHER
OBLIGATION OF THE SECOND PARTY / LOCAL PUBLISHER:
(1) That this is responsibility of the Second Party
/ Local publisher of the Magazine, time to time send, against due acknowledgment, photocopy of each document, to the First
Party, immediately after their submission before respective authority and/or responses thereof, including application for
permission for the Local Edition, Declaration, Return and / or any other mandatory document under any legal compliance, and
Postal Registration related documents. The each document shall be signed by the Publisher (himself) with date under the word
“TRUE COPY”. Such document can be send through email, after its scanning.
(2) That Second Party / Local publisher of the Magazine
shall sent one copy of each issue of the Local Magazine within the next day of its publication to be delivered under acknowledgment.
14.
BAR AGAINST TRANSFER/ASSIGNMENT OF THE AGREEMENT
That area of the publication/printing of the Local Edition is Lucknow.
The Second Party is free to deliver its issue in any other area, or collect Advertisement from any place beyond the area of
Publication. But, the Second Party is not entitled to transfer or assign, this agreement, directly or indirectly to any third
party, without written permission form the First party.
15.
AGREEMENT CAN BE RESCINED:
This is essence of this agreement that the Second Party / Local Publisher of the Magazine shall act in accordance
with the cause as referred under the heading under ‘Background of the Agreement’ and should adhere with all the
terms and conditions laid down in this agreement. In case if this is reported and prima facie transpired that the object of
the Second Party / Local Publisher of the Magazine is not fair to the object of the Magazine and that he is willingly or knowing
fully disobeying any terms and conditions laid down in this Agreement, the First Party / the owner of the Title can submit
application before appropriate authority for cancellation of the declaration after appropriate Notice to the Second Party.
After one month from the date of application for Cancellation of the declaration, this agreement shall be treated as rescinded.
The Second party can rescind this agreement after one month’s Notice and after compliance of all responsibilities under
the P. R. B. Act, and all the liabilities
on his part to the First party.
16.
Jurisdiction for this Agreement: The area of the
Delhi High Court shall be Jurisdictional area or any litigation, between the Title Owner of the Magazine and Second Party / Local Publisher of the Magazine.
In witness
whereof both the parties have signed and executed this Agreement on the day, month and year first above written in the presence
of following witnesses.
WITNESSES.
1.
FIRST PARTY
2.
SECOND PARTY
R
E C E I P T
I Milap
Choraria, do hereby acknowledge and confirm that I have received total sum of Rs. 1,000/- (Rupees One Thousand) only, vide
Cheque/Demand Draft No.
dated …. of …….. Bank, ….
Branch, payable at Delhi being as advance, towards the Annual
subscription amount of 10 Copies transferable to third parties, as per the terms set-out in the aforesaid agreement.
Hence I
have executed this Receipt at Delhi on this ……… in presence of following witnesses.
WITNESSES
1.
EXECUTANT.
2.
