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Job Description Job holder will be responsible for counselling the business operation by giving pro-active, professional, competent, effective and creative legal support. Have negotiation and drafting skills and business sense to deal with multiple functional team to support in terms of drafting/execution of documents related to Companies business. To collaborate with Business Development team and Operation team as well as supporting areas (i.e. Finance, Compliance, Administration and HR) advising on legal risks, business strategies and other connected issues. Ensure effective litigation management and documentation process to assessing and minimize legal risk. Responsibilities ACCOUNTABILITIES & RESPONSIBILITIES Accountabilities ACTIVITIES 1 Responsibility for handling, managing and planning Litigation of the respective Zone. All types of litigation in the Supreme Court, High Courts, Arbitral Tribunals etc and other districts Courts. To co-ordinate with various divisions and keep track of issues leading to litigations to mitigate it. To collect required data / para wise comments on disputes from the concerned departments and prepare defence/ in-house reply or application/plaint/petition. To engage advocates in consultation with HO Legal to pursue the matter effectively. To initiate appropriate legal action, in case dispute is not resolved by notice/conciliation. To coordinate and provide necessary data / evidence/support to advocates in the matter. Briefing the external legal counsel on specific laws and support on a wide range of legal requirement pertaining to industry. To prepare defence, draft replies, notices, rejoinders and pleadings. To regularly co-ordinate and follow up with the advocates and attend courts when required. To co-ordinate with Marketing Legal Head and other departments to stay updated with the matters. To follow up with the advocates for feedback on court proceedings if not present for the hearing. 2 To handle and manage Pre-litigation matters/Notices/complaints. Assist/advise the business in handling issues on Whistle Blower and Hotline portal. Assist/advise the business in replying notices / complaint on MoPNG Portals / consumer complaints etc. Responding timely to notices from regulatory authorities/administration to avoid further complexities. Assist the business in inquiries under complain by authorities i.e. in complains/FIRs etc. Assist the business team in resolving the issues through negotiation and proper response to prospective Franchisee/Franchisee. 3 To develop and standardise Agreements/LOAs/LOIs/lease etc. for retail outlets Taking input from business/management and standardise the documents relating to setting up and operation of Retail Outlets. Modify and implement deviations if any, by keeping business interest in mind, as per the DoA. Suggestions to review the drafts on regular basis to incorporate new development. 4 To implement and ensure compliance with legal process as per policy for Retail Outlet expansion. To review and ensure compliance of various documents like land title documents and requisite licenses as per SOP for the proposed Retail Outlet To verify the document as per check list and provide legal clearance for proposed Retail Outlet site. To issue the draft LOAs/LOIs after all necessary approvals are obtained as per DoA. To finalise Lease deed and other documents (if required) to be executed with land owners for the proposed site. To co-ordinate with SRO and ensure proper execution / registration of Lease Deed with land owners with assessing stamp duty and registration charges and resolving queries of Sub Registrar, if any. To coordinate with business and ensure proper execution of Franchisee Agreement. To assess and manage legal risks connected with or resulting from the business strategy and operations. To ensure Compliance of local land laws and other statutory requirement as directed/advised by the local authorities. Implement and update the directions / policy / guidelines, circulated by management to business and ensure compliance in interest of Company Provide legal opinion to various stake holders on business development and regular operational issues at Zone Level. Legal opinion w.r.t. title of the land proposed for setting up Retail Outlet. Opinion as to suitability/sufficiency of the documents submitted along with LOA proposal. Opinion regarding requirement of necessary statutory licenses/approval. Opinion regarding compliance/condition mentioned in the said licenses/approvals. Opinion/interpretation of the terms of the lease deed and Franchise agreement. Opinion/interpretation on MDPC provisions. Opinion w.r.t. charges in the Show Cause Notices in light of Petroleum Rules/Franchise Agreement/MDPC and other applicable provisions. Opinion after reviewing the notices received from statutory bodies i.e. DSO, DM, PCB, NHAI etc. Opinion after reviewing notices, summons, plaint, applications received from court/judicial authority/quasi-judicial authority. To verify title documents of property and provide opinion. To opine on land ownership transfer deed including but not limited to sale deed/gift deed etc. Advising on general business law issues and managing the legal issues of all areas of the company, including but not limited to corporate matters, safety, security, and sustainability issues 6 To handle legal issues arising out of operation of commissioned retail outlets. Advising business on compliance of terms of FA, MDPC and petroleum laws in operation of ROs. Preparing, vetting and modifying drafts of notices/letters to be issued to defaulting franchisees. Assisting business in reviewing the replies received from Franchisee against notices issued by the Company and reaching decision in particular matter. 7 Provide assistance in reconstituting the ROs Aid and advice to the business in development/updation of reconstitution policy including checklist on case to case basis. Reviewing the documents and providing opinion for management to take decision. Drafting LOA/FA and vetting thereof. Ensuring execution of necessary Agreements/documents post reconstitution approval. Handling legal issues arising out of New direction from Judicial/Non-judicial authorities e.g implementation of VRS systems/ RSA obligation Aid and advice to commercial team in the development of a Manual and checklist to guide the process in implementing the direction. Developing drafts for communication/documents to be issued to franchisee for implementation of the same. Assisting and providing opinion to business in adhering to the direction in time bound manner. 9 Alternate fuel tie-ups (CNG & E V Charging point) – Assisting HO Legal. Negotiating terms of CNG sales agreement from the retail outlets with different CGD Companies. Negotiating terms with Companies for setting up e –charging points Aid and advice in development of documents/letters/SOP to implement the same at Retail Outlet. Reporting and maintaining MIS Timely updation and circulation of MIS. Regular updates on development in crucial issues/matters. 11 Handling of Special Issues. Advising and issuing necessary documents w.r.t. Tail Management. Vetting and reviewing of the Transportation Agreement. Vetting and modifying drafts of notices/letters to be issued to defaulting Transporters. Advising on reimbursement of Stamp duty and Registration charges. Preparation and coordination for Letter of Authority/Power of Attorney for marketing business executives. Imparting Training to business Updating business with laws/ regulations/notifications applicable to business operation Disseminating the information to concerned stakeholders, extending necessary clarification on interpretation of the specific laws and regulations. NFR Activities. Assisting HO Legal for validation of documents and local laws/licenses for setting up and operating NFR activities at the RO. Depot and Ethanol Plant Expansions. Assist HO Legal with the title verification of the land proposed to be set up for the Depot and Ethanol Plant by connecting with local Counsel and local authorities. Assist HO Legal in verifying and reviewing the local revenue authority documents. Handling of prelitigation as well as Litigation/Land Cases before the Local Courts arising out of the post-procurement of land by the Company. Assisting HO Legal for validation of documents/local laws/licenses required for setting up and operating the Depot and Ethanol Plant. Evaluating and responding to queries raised by various Govt. Authorities like CGWA, LM Dept, SPCB, and PESO, etc while setting up and operating the Ethanol Plant as well as the Oil Depot. Qualifications SKILLS & KNOWLEDGE Educational Qualifications & Certifications: LLB/LLM from institute of repute. Relevant (Functional/Level) & Total Years of Experience: Total Experience : 12+ years, out of which at least 3 years from Petroleum/Gas Industry About Us With the agility of a start-up and punching power of a global enterprise, Nayara Energy is perpetually motivated to reimagine every stage of the hydrocarbon value chain - from refining to marketing. And, we are gearing up to delivering crude to chemicals too. In this age of acceleration, we are drawing on the deep knowledge to deliver excellence, every step of the way. As the fastest growing pan-India fuel retail network, we are powering India’s growing energy demand by expanding our retail footprint at a massive pace. We are making a tangible difference with our products, services and sustainable development initiatives to energize lives in our ecosystem. This is what makes us a truly integrated downstream energy company that challenges the status quo, every step of the way. Pivotal in our journey towards an ‘Extraordinary’ future is our energetic, diverse and ethical workforce. By working together relentlessly, we are confident of succeeding in the ever-changing energy landscape, today and tomorrow. Show more Show less
