CENTRAL RAILWAY
AGREEMENT BOND
FORM OF AGREEMENT FOR _________________________________
APPRENTICES ARTICLE OF AGREEMENT MADE THIS
______________________________
DAY OF _________________________________SON/DAUGHTER OF ______________
_______________________________________________________________________
RESIDENT AT ________________________________{father or guardian) of the
second part and President of India(acting by and through the _______________________Railway
Administration of the third part.
Whereas the
President of India (hereinafter referred to as the Government; has at the
request of the Parties of the first part and second part engaged the
Apprentices and the Apprentice has with the consent of part of the second part
agreed to serve the Government as an apprentice with a view to his/her
subsequent appointment to the _____________________ department of Indian Railways on the terms and conditions hereinafter
appearing.
NOW THESE PRESENTS WITNESS AND THE PARTIES HERE TO RESPECTIVELY AGREE AS
FOLLOWS:
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1.
The apprentice of his/her own free will and with the consent of the
party of the second part hereby binds himself/herself to serve the government
as ________________ apprentice in any place of _______________ years commencing
from the ________________day of
_______________________and the Government engage to give him/her training in India as
hereinafter mentioned provided always that the Government may at their
discretion alter or modify the periods and the areas of places of training. And
they shall also have power to terminate the apprenticeship before the
expiration of the said period of
________________ years as hereinafter provided.
2.
The period of apprenticeship shall be _____________________ years as aforesaid and the apprentice shall received monthly stipend at
the rate given below along with deamess allowances as may be admissible under
the rules of extant orders from time to time.
The increment shall not be granted to any
apprentice under training unless given a satisfactory report of his/her
intelligence, progress and behaviors.
1 Year 2nd Year 3rd Year 4th Year 5th Years
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
3.
The continuance of the apprenticeship from year to year shall depend on
the satisfactory conduct and progress or these apprentice as certified to the
above_________________ by the authority under whom he/she may be serving should
he/she at any time during the apprentices, not satisfy the authority under whom
he/she is working that he/she is making good progress or that his/her conduct
is otherwise satisfactory he/she shall be liable to discharged from his/her
apprenticeship as herein provided. The Government or the officers appointed by
them in that behalf shall be the above and absolute judge {whose decision shall
be final, for the purpose of determining whether the progress of the apprentice
in training is or is not satisfactory. NOTE:
1.
The Government have, however; the discretion to decide on individual
merits whether to Apprentice should:
a} he
allowed to continue to receive training by with-holding his/her stipend in case
an extension/repeat course is considered necessary at the end of the prescribed
period of training for their reasons that he/she has failed to complete the
prescribed training satisfactorily.
OR
b} be discharged
from his her apprenticeship in terms of clause{3}
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ii}
Scheduled Caster/Tribe Apprentices may be given second chance with stipend and
third chance, is considered necessary without stipend.
iii}
The apprentice for whom repeat course is given will rank junior to those
passing in their first attempt. In the case of failed apprentices, the undergo
repeat course along with the subsequent batch of apprentices their seniority
will be reckoned of according to marks obtained in the passing out examination.
IV}
During the period of repeat course of training without stipend the apprentice
will continue to be governed by the terms and conditions contained in this
agreement. Such apprentices will not be eligible for any service benefits
during the period of their repeat course of apprenticeship without stipend. The
period of their initial and repeat course apprenticeship will, therefore, not
count as service for any purpose.
4.
The apprentice shall employ himself/herself honestly efficiently and
diligently under the orders of instructions of the authorities under whom
he/she shall from time to time be placed by the Government any locality in
India and shall do all things which may be required of him/her of which are
necessary to be done in his/her capacity is an apprentice.
5.
The apprentice shall not on any pretence absent himself/herself from
his/her duties without having first obtained the permission of the officer
authorized in that behalf by the Government of in case of sickness or accident
without forwarding a medical certificate satisfactory to such officer.
6.
The apprentice shall devote his/her whole time to the training and shall
to carry on or be concemed to any other trade or business or occupation
whatsoever.
7.
The apprentice shall be responsible for the charge and care of
Government money, goods and stores and other property entrusted to him/her or
in his/her and shall truly
and faithfully account for or pay over or deliver to the proper officer all money goods and stores and
other property, which shall at any time come to his/her hands or be under his/her
charge on account of the government.
8.
The apprentice shall confirm to all the rules and regulations of the
department To which he/she may be attached for training or any time and shall
obey all such orders and directions as he/she shall from time to time receive
from the officer and/or officers placed in authority above him.
9.
The apprentice shall if required pass in examination on Indian language.
9A.
The apprentice shall if so required by the GM of the Railway to which he/she is
posted
during
the period hismer apprenticeship get himself/herself enrolled to such unit of
the National Cadet Corps, as may be constituted with the National Cadre Corps
Act 1948 in accordance with the rules prescribed in this behalf and thereafter,
shall be governed by such rutes during the period of enrollment.
10. The Government
shall be authorized to deduct from time to time out of the money due to be paid
to the apprentice, as aforesaid any sum of money which may be reasonable
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for any less of time occasioned by the
absence, sickness without an approved medical certificate or other in capacity
to work and also for any less which the Government may sustain by the negligence
of misconduct of the apprentice.
11. The apprentice
will not during the period apprentice be allowed to subscribe to the to the
State Railway Provident Fund. The period apprenticeship will not count for
pensionary benefits.
12. Should, the
apprentice be guilty of any in subsydination, interference other misconduct or
any breach of non performed of the provisions of these presents at any time
during the pursuance of the apprentice it shall be lawful for the Government or
the officer having authority in that behalf immediately and without previous
notice to dismiss or discharged his/her from the apprenticeship and the Government
or such officer shall be the sale and absolute judge whose decision shall be
final for the purpose of determining whether the apprentice has been guilty of
any in-subordination intemperance or other misconduct or his committed any
breach in the performance of the provisions of these presents.
13. It shall be lawful
for the Government if satisfied on the medical evidence before them that the
apprentice is unfit and likely for considerable period to continue unfit by
reasons of ill health to obtained or to complete training, to determine the
apprenticeship without previous notice the decision of the Government being
conclusive) and thereupon his/her apprenticeship shall be terminated.
14. During the period
of apprenticeship the apprentice shall be eligible for leave in accordance with
the rules for the time being enforce applicable to Apprentices on Indian
Railway
15. Should be
apprentice terminated him/her apprenticeship without the ____of the Government,
or try to withdraw by willfully absenting himself/herself or by adopting any
other unfair tactics or to be discharged thereform for misconduct, or any other
offences as enumerated in Clause {12} above during the period of apprenticeship
or decline on the completion of his/her apprenticeship, to accept service as_________the
_______________ department of Indian Railways as aforesaid if offered to
him/her, or resign service without the written consent of the Government the
parties of the first part in consideration of the previous, hereby jointly and
severely agree to repay on demand to the Government
all stipend or pay or any other amount drawn by the app from the Government under
these presents and also to refund to the Administration on demand, the whole
cost of his/her training which will be understood 12 V22 stipend of pay and
allowance excluding traveling and running allowance, if any drawn by the
apprentice.
16. The apprentice
shall not be entitled to the compensation whatsoever on his/her apprenticeship
being terminated under any of the provisions of these presents nor shall the
party of the second party have any claim of or compensation against the
Government in that behalf.
17. The apprentice
shall undergo training for such trade or trades as may be specified in terms of
clause (1) hereof, no guarantee or promise of employment, temporary or
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permanent on completion of apprenticeship is
given or implied by the Railway Administration. But on the successful
completion of Apprenticeship the apprentice shall {if he is required) serve the
Railway Administration faithfully and or a minimum period of five years
{subject to earlier determination at the safe discretion of the Railway Admn.}
in any capacity for which he/she may be considered fit and on the scale of pay
and on the terms and conditions which may be enforce From time to time, during
the tenure of his/her employment under the Railway Administration on completion
of his her apprenticeship training to enable him her to find employment outside
the Railway while these apprentices absorbed in working posts will be given
such a certificate duly on completion of five years service.
18. In respect any
matter for which the provisions have been made in this agreement the provisions
of the Indian Railway Establishment Code from time to time in force or any
rules made the under shall apply to the extent to which they are applicable to
the service hereby provided for and the decision of the Government as their
applicability interpretation and shall be final.
19. Subject to
otherwise provided in this contract, all notices, to be given on behalf of the
Government and all other actions to be taken on behalf of the Govt. ______________
___________________________________________________________________or any officer for
the time being entrusted with the functions duties and power of the said
__________________________________________________________________.
IN WITNESS WHEREOF THE parties here to have set their hands the day and
year first above written.
WITNESS:
1.
____________________________________________________________________
Party
of the first part.
{Signature of the candidate}
WITNESS:
1.
____________________________________________________________________
Party of the Second part.
(Signature of the Guardian
2.
____________________________________________________________________
{District Divisional Officer,
Central Railway,
For and on behalf of the President.
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