FORM OF AGREEMENT FOR TRAINEE CHEMICAL & METALLURGICAL ASSISTANT
ARTICLES OF AGREEMENT made this...........day of ......................2023
between Sri................................................................................................................. S/o.Sri..................................................................................................residing at No....................................................................................................................... ............................................................................................................................. (hereinafter referred to as “The Trainee”) and Sri........................................ S/o of Sri ..................................... at................................................................... .............................................................................................................................. .............................................................................................................................. (hereinafter referred to as “Second part”) and the President of India (acting by and through the Southern Railway Administration ) the Third part.
Whereas the President of India (hereinafter referred to as the Government) has at their request of the parties of the first part and second part engaged the Trainee and thetrainee has with the consent of the party of the second part agreed to serve the Government as an trainee with a view to his/her subsequent appointment to the Mechanical Department of Indian Railways on the terms and conditions hereinafterappearing. NOW THESE PRESENTS WITNESS and the parties hereto respectively agree as follows:-
1) The trainee 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 trainee Chemical & Metallugical Assistant in any place situated on the Southern Railway system for a period of Twelve Months commencing from the ................day of ...................................2023 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 courses or places of training. And they shall also have power to terminate the training before the expiration of the said period of Twelve Months (12) as hereinafter provided.
2) The period of training shall be 12 Months (1Year) as aforesaid and that the trainee shallreceive a monthly stipend at the rates given below along with Dearness allowance as may be admissible under the Rules or extant instructions as amended / issued from time totime.
The increments shall not be granted to any trainee while under training unless theauthority under whom he/she is being trained gives a satisfactory report of his/her diligence, progress and behaviour.
Stipend
Rs.35400/- (Pay Matrix Level-6)
3) The continuance of the training from year to year shall depend on the satisfactory conduct and progress of the trainee as certified to the Government by the authority under whom he/she may be serving. Should he/she at any time during the training, 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 be discharged from his/her training as herein provided. The Government or the authority appointed by them in that behalf shall be the sole and absolute judge (whose decision shall be final) for the purpose of determining whether the progress of the trainee in training is or is not satisfactory. Note: i)The Government have, however, the discretion to decide on individual merits, whether the trainee should (a) be allowed to continue to receive training by withholding his/her stipend, in case an extension/repeat course is considered necessary at the end of the prescribed period of training for the reasons that he/she has failed to complete the prescribed training satisfactory of (b) be discharged from his/her training in terms of clause (3).
ii)Scheduled caste/Scheduled tribe trainee may be given the second chance with stipend and the third chance, if considered necessary without stipend.
iii)The trainees for whom repeat course is given rank junior to those passing in their first attempt. In the case of failed trainees they have to undergo repeat course along with the subsequent batch of trainees, their seniority will be reckoned according to the marks obtained in passing out examination.
iv)During the period of repeat course of training without stipend, the trainees will continue to be governed by the terms and conditions contained in this agreement. Such trainees will not be eligible to any service benefits during the period of their repeat course of training without stipend. The period of their initial and repeat course and training,will, therefore, not count as service for any purpose.
4)The trainee shall employ himself/herself honestly, efficiently and diligently under the orders and the instructions of the authorities under whom he/she shall from time to time be placed by the Government in any locality in India and shall do all things which may be required of him/her or which are necessary to be done in his/her capacity as an trainee.
5)The trainee shall not on any pretence absent himself/herself from his/her duties without having first obtained the permission of the authority in that behalf by the Government or in case of sickness or accident without forwarding a Medical certificate satisfactory to such authority.
6)The trainee shall devote his/her whole time to the training and shall not carry on or be concerned in any other trade or business or occupation whatsoever.
7) The trainee shall be responsible for the charge and care of Government money, goods and stores and other property entrusted to him/her in his/her hands and shall truly and faithfully account for or pay over or delivery to the proper authority all money, goods and stores and other property, which shall at any time to his/her hands or be under his/her charge on account of the Government. 8)The trainee shall confirm to all the rules and regulations of the department to which he/she may be attached for training at 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/her.
9) The trainee will, if required, pass an examination in an Indian Language.
10) The Government shall be at liberty to deduct from time to time out of the money due to be paid to the trainee, as aforesaid, any sum or sums of money which may be reasonable for any loss of time occasioned by the absence, sickness without an approved Medical Certificate or other in capacity to work and also for any loss which the Government may sustain by reason of the negligence or misconduct of the trainee.
11) The trainee will not during the period of training be allowed to subscribe to the State Railway Provident fund.
12) Should the trainee be guilty of any insubordination, intemperance or other misconduct or any breach or non performance of the provisions of these presents at any time during the continuance of the training, it shall be lawful for the Government or the Officer having the authority in that behalf immediately and without previous notice to dismiss or discharge him/her from the training and the Government or such officer shall be the sole and absolute judge whose decision shall be final for the purpose of determining whether the trainee has been guilty of any insubordination, intemperance or other misconduct or has committed any breach in the performance of the provisions of these presents.
13) It shall be lawful the Government, if satisfied on the medical evidence before them that the trainee is unfit and is likely for a considerable period to continue unfit by reason of ill health to obtain or to complete the training, to determine the training without previous notice. (The decision of the Government being conclusive) and thereupon his/her training shall be terminated. 14)During the period of training the trainee shall be eligible for leave in accordance with the Rules for the time being in force applicable to Trainees on Indian Railways.
15) Should the trainee terminate his/her training without the written consent of the Government or TO WITHDRAW BY WILLFULLY ABSENTING HIMSELF/HERSELF OR BY ADOPTING ANY OTHER UNFAIR MEANS or be discharged therefrom for misconduct or any other guilt enumerated in Clause (12) above, during the period of training or decline on the completion of his/her training to accept service as Chemical & Mettallugical Assistant in the CMT 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 Promise hereby jointly and severally agree to repay ON DEMAND TO THE GOVERNMENT ALL STIPENDS AND/OR PAY, ANY OTHER AMOUNT DRAWN BY THE trainee 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 AS 12 ½ % INTEREST ON STIPEND AND/OR PAY AND ALLOWANCES EXCLUDING TRAVELLING AND RUNNING ALLOWANCES, IF ANY, DRAWN BY THE trainee. 16)The trainee shall not be entitled to any compensation whatsoever on his/her training being terminated under any of the provisions of these Presents nor shall the party of the Second Part have any claim for compensation against the Government in that behalf.
17)The trainee 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 permanent, on completion of training is given or implied by the Railway Administration. But on the successful completion of the training, the trainee shall (if he is so required) serve the Railway Administration faithfully and efficiently for a minimum period of Five Years (subject to earlier determination at the discretion of the Railway Administration 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 in force from time to time during the tenure of his/her employment under the Railway Administration.
18) In respect of any matter for which no provisions have been made in this Agreement, the provisions of the Indian Railway Establishment Code from time to time in force of any rules made thereunder shall apply to the extent to which they are applicable to the service hereby provided for and the decision of the Government as to their applicability, interpretation and effect shall be final.
19)Subject as 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 Government may be taken on behalf of the Government by CWM/LW/PER or any Officers for the time being entrusted with the functions, duties and powers of the said.
IN WITNESS WHEREOF THE parties hereto have set their hands the day and year first above. WITNESS: 1)
