Legal Head (HOD) For Manufacturing Industry
Roles and Responsibilities
Legal vetting of all contracts, agreements, MOU, NDA, POA including contracts and agreements.
Review and abstract agreements, statement of works, amendments and related documents to determine the compliances.
Responsible for proper documentation executed by the company with various vendors, franchisees, and other service providers.
Reply of legal notices and attend the matters at different forums including Excise, Customs, High Courts, MRTP Commission, Industrial Tribunals, Labor commissioner, State or Central commission, Consumer forums etc.
Review progress of outstanding litigation and liaise with and manage external lawyers.
Follow up of all litigation cases.
Compilation of relevant data and materials for favorable disposal of case.
Analyze the business contract in line with business needs and exposure involved.
Advising the management for modification of terms and condition on basis of risk identified.
To Ensure proper Coordinating with other departments in the company to ensure compliance
Payment of applicable stamp duty.
Review all contracts or any other documentation where the Company has committed itself and assess legal implications that need to be brought to the executive management's attention.
Prepare, review and modify contractual instruments to assist and support various Admin. Activities.
Handling of diversified litigations including Suits, Claims, Writ Petitions, SLPs, Caveats, Revisions, Appeals, etc. pertaining to Injunction against invocation of Bank Guarantees, Duty drawback matters, Customs duty on imports, Tariff petitions at MERC, UPERC, CERC, Disputes w.r.t Power Purchase Agreements with Discoms, deallocation of coal mines, Non-allotment of Hydro Projects, Levy of forest transit fee on import of coal, Defamation Suits,Environmental matters before NGT, Land Acquisition litigations,Cane Revisions before Cane Commissioner & Sugar Appeals before Secretary of State; Briefing of Senior Advocates;
Injunction matters, Money Suits, Land acquisition Reference cases, Suit for Specific Performance, Matters arising out of Consumer Protection Act, Stay against Recovery Certificates;
Adept at drafting of Legal compositions viz. Plaint, W.S., Rejoinder, Evidence by way of Affidavit, Misc. Applications, Complaint, Legal Notices with its appropriate reply, Written Final Arguments, Caveat, Appeal, Writ Petitions, Counter Affidavit, Rejoinder Affidavit etc.
Well conversant with the procedural work like filing of Suits/ Writ Petitions/ Misc. Applications, Removing objections, Appearing before Joint Registrars, Inspection of judicial files, Getting certified copies of Orders & Judgments;
Drafting, vetting & reviewing of various types of Domestic & International Commercial Contracts including EPC Contracts, AMC (Annual Maintenance Contracts), Agency Agreement, Fuel Supply Agreement, Non DisclosureAgreement, Share Purchase Agreement, Engagement Letter, Support Letter, Settlement Agreement,Amendment Agreement, Equipment Hire/Rental Contract, High Sea Sale Agreement, Letter of Comfort,Security Contracts, Employment Contract; Travel Services Agreement, Marketing Agreement, Escrow Agreements, Mortgage Agreements, Repair & Maintenance Contracts, General Conditions of Contract, Special Conditions of Contract, Onshore & Offshore Supply Contracts, Well aware with the INCOTERMS 2010;
Identifying Contract Risks, Advising Business Teams in handling complex contractual issues like early Termination of Contract, Issuance of letter of Suspension of performance, levying of Liquidated damages,Bank Guarantees etc.
Adept at Project documents like entering into MOU, Land lease Agreement, Gas Sale/ Supply/ Transport Agreement, Implementation Agreement, Power Purchase Agreement, FSRU (Floating Storage and Regasification Unit) Agreement, LNG Supply Agreement,
Finalization of Tender Documents like Invitation To Bid, Execution Cover, General & Special Conditions of Contract,
Conveyance like Commercial Agreements, Bank Guarantees, Agreement to Sell, Sale Deed, Lease Deed, Indemnity Bond, Mortgage Deed, Deed of reference to Arbitration, G.P.A., S.P.A., Relinquishment Deed, Partnership Deed etc.
Vetting of Contract performance & Advance Bank Guarantees, Well aware of RBI master circulars, & ICC Publication no.758, Uniform Rules for Demand Guarantees, 2010 Revision;
Has handled high stake Domestic & International Arbitrations arising out of Contractual disputes (at Singapore, London, Mumbai, Delhi, Pune) various domestic & international jurisdictionsetc.
Sound knowledge of procedures & rules of International Arbitration Institutions like SIAC (Singapore), ICC & LCIA (London), HKIAC (Hongkong);
Preparation of Claims, Possessing the skills of defending the Claims, preparation of Statement of Claim, Replies, Counter Claims, Evidence & other proceedings;
Well acquainted with the newly introduced provisions of Arbitration & Conciliation (Amendment) Act, 2015 and recent judicial decisions in this regard;
- STATUTORY COMPLIANCES/ LICENCES/ N.O.C.S:
Monitoring various Statutory Compliances under Industrial Laws like Factories Act, P.F. Act, W.C.A Act, P.F.A, Contract Labour Act etc., and Coordinating Periodic Legal Compliance Audits with Internal Auditors
Registration of Company & Contractors under Contract Labour Act, Licence for manufacture & sale of sugar and molasses under PFA, Licence for sugar Packaging, Sulphur Storage License, Diesel Storage License, NOC from Fire Deptt, Licence from District Board, Licence for storage & sale of Fertilizer & Pesticides, Certification of Weight & Measurement Instruments, Certificate of Stability of Factory Building, Certification of Tools and Tackles, Allotment of PF code, Nomination of Occupier under Cane Act & Factories Act, Nomination of Factory Manager, NOC from Pollution Control Board for Air, Water, Hazardous Wastes, Factory Licence, Electrical Installations approval and many others.
- LABOUR& INDUSTRIAL MATTERS
Reviewing the status of Statutory Compliances performed by various Industrial Units; Sound knowledge of Labour, Industrial and Employment laws of various states, Employment contracts, A key member in handling Industrial Relations of Company with local union leaders & outside stakeholders;
- LAND ACQUISITION:
In Full Expertise in Land Acquisition, R&R, CSR compliance matters arising under the old LA Act, 1894 as well new Act, 2014;
Well aware with the provisions of newly enacted Right to fare Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, Closely coordinating with CSR deptt. for implementation of R&R Schemes;
- MERGER & ACQUISITION
Been a vital part of Team for conducting Due Diligence of Target Companies (Hydro/Wind/Solar) for merger/ acquisition;
Worked closely with the external Consultants of reputed companies like Ernst & Young, KPMG, PWC etc.
- CRIMINAL MATTERS:
Handling of Complaint cases, Applications U/s- 156(3) Cr. P.C., Protest Petitions,FIRs, Police Investigations against Company Officers & Directors,Obtaining stay of arrest & stay of further proceedings from High Court, 138, N.I. Act cases etc.
Role:Chief Legal Officer (CLO)
Salary: 25,00,000 - 30,00,000 P.A.
Functional AreaLegal & Regulatory
Role CategoryLegal Operations
Employment Type:Full Time, Permanent
UG:LLB in Law
PG:LLM in Law
People Alliance Workforce Private Limited
People Alliance Workforce Private Limited, founded in 2006 is a specialist local and international human Resources company with national coverage in PAN India & international provinces.
People Alliance Workforce Private Limited An ISO 9001:2008, QMS Certified ,TQM based And Indias largest multi interest consulting and business services corporation engaging a variety of organizations, institutions and enterprises in diverse industry . People Alliance is the Indias leader in innovative workforce solutions, creates and delivers highimpact solutions that enable our clients to achieve their business goals and enhance their competitiveness. With over 15years of experience. These solutions cover an entire range of talent-driven needs from recruitment and assessment, training and development, and RPO&HRPO, to outsourcing and
People Alliance Group began doing business in 2006, offering executive search and recruitment process outsourcing services to our clients. Several years later, we had a vision to establish a single organization that was able to vertically integrate all hiring solutions, a company capable of fulfilling all recruitment and retention needs as well as providing the resources to manage and enhance an organizations most valuable asset its people.
Contact Company:People Alliance Workforce Private Limited
Reference Id:Pawf/Legal Head