അനുബന്ധം I

APPENDIX I 

MODEL FORM OF AGREEMENT 

(Referred to in Rule 8 of Part I)

 ARTICLES OF AGREEMENT made this the ………………. day of …………… two thousand and ……………………. BETWEEN Sri …………………………. (here enter name and address) of the first part and the Governor of Kerala (hereinafter called the Government) of the other part. 

WHERE AS THE GOVERNMENT have engaged the party of the first part and the party of the first part has agreed to serve the Government on the terms and conditions hereinafter contained.

 NOW THESE PRESENTS WITNESS as follows:¬

1. The party of the first part shall submit himself to the orders of the Government and of the officers and authorities under whom he may from time to time be placed by the Government and shall remain in the service for the term of …….years commencing from the …………………..day of 20………….subject to the provisions herein contained. 

2. The party of the first part shall devote his whole time to his duties and at all times obey the rules including the Government Servants’ Conduct Rules prescribed from time to time being for the regulation of the public service to which he may belong and shall whenever required, proceed to any part of India and there perform such duties as may be assigned to him. 

3 The service of the party of the first part may be terminated as follows:¬

  (1) At the end of the first year by either party without notice. 

  (2) At any time on *two calendar months’ notice in writing given to him by the Government if, in the opinion of the Government, the party of the first part proves unsuitable for the efficient performance of his duties during service under this agreement.

 *Provided that the Government may in lieu of any notice herein provided for, give the party of the first part, a sum equivalent to the amount of his pay of two months or shorter notice than two months, if they pay him a sum equal to the amount of his pay for the period by which such notice falls short of two months.

          *Effective from 24th April 1982. 

(3) By the Government without previous notice if the Government are satisfied on medical evidence that the party of the first part is unfit and is likely for a considerable period to continue unfit by reason of ill-health for the discharge of his duties in India. 

PROVIDED always that the decision of the Government that the party of the first part is likely to be unfit shall be conclusively binding on the party of the first part.

  (4) By the Government or their officers having proper authority without any previous notice if the party of the first part shall be guilty of any insubordination, intemperance or other misconduct or of any breach or non-performance of any of the provisions of these presents or of any rules pertaining to the public service to which he may belong. 

  (5) By *two calendar months’ notice in writing given at any time during service under this agreement (except the first year  thereof) either by him to the Government or by the Government or their authorised officer to him without cause assigned.

*[G O(P) No. 199/1982/Fin., Dated 24/04/1982] 

 *Effective from 24th April 1982.

 PROVIDED always that the Government may, in lieu of any notice herein provided for, give the party of the first part a sum equivalent to the amount of his pay of *two months or shorter notice than *two months if they pay him a sum equal to the amount of his pay for the period by which such notice falls short of *two months.

 *Effective from 24th April 1982.

 (†) Omitted. 

The second Proviso is in effect from 24th April 1982.

 The term ‘pay’ for the purpose of this clause shall mean the pay (including special pay and personal pay, if any), the party of the first part is receiving under these presents at the time, unless he is receiving officiating pay in which case it shall mean the pay (including special pay and personal pay, if any) of his substantive appointment. 

4. If the party of the first part is suspended from duty during investigation into any charge of misconduct mentioned in sub-clause (4) of clause 3 hereof, he shall not be entitled to any pay during such period of suspension but shall be entitled to receive a subsistence grant at such rate as the Government may decide to allow him.

5. The scale of pay attached to the post of…………...…….. to which the party of the first part is appointed shall comprise the following monthly rates of pay in successive stages of every twelve months’ service :¬

(Pay   .) 

*, † [G O(P) No. 199/1982/Fin., Dated 24/04/1982] 

Stages: 1 ……………

1 …………...

2 …………...

 etc. 

He shall from the ……………. be granted pay at the rates of Rupees ………… per mensem in the aforesaid scale and shall receive pay in the succeeding stages provided for in that scale in accordance with the provisions of the rules from time to time in force and applicable to his case, service in the stages reckoning from the aforesaid date. The pay from time to time payable to him under these presents shall be paid for such time as he shall serve under this agreement and actually perform his duties commencing from the aforesaid date and ceasing on the date of his quitting service or on the day of his discharge therefrom or on the day of his death if he shall die whilst in service. If at any time the party of the first part proceeds on deputation on foreign service his pay during deputation shall be regulated by the ordinary rules regarding deputation on foreign service. 

6. The party of the first part shall be eligible, subject to the exigencies of public service, for leave and leave salary under the rules contained in Appendix VIII to Kerala Service Rules, as amended from time to time.

7. If the party of the first part is required to travel in the interest of public service he shall be entitled to Travelling Allowance on the scale provided for in the rules framed by the Government from time to time in force and applicable to the class of officers serving in the same station to which Government may declare him to correspond in status or conditions of service. 

8. The party of the first part shall be eligible for any concessions in relation to medical attendance and treatment that may be prescribed by the Government for the class of officers serving in the same station to which the Government may declare the party of the first part to correspond in status or conditions of service.

9. Notwithstanding anything herein before contained the party of the first part shall, unless otherwise decided by the Government, be entitled to receive in whole or in part as may be authorised by the Government the benefits of any improvement that may be sanctioned by the Government subsequent to the date of these presents in the terms and conditions of the service of members of the public service to which he may for the time being belong and the decisions of the Government in respect of such improvement in the terms and conditions of service of the party of the first part shall operate so as to modify to that extent the provisions of these present. 

10. Notwithstanding anything herein before contained the pay and leave salary admissible under these present shall be subject to any emergency cut that may be ordered by the Government for the same period and on the same terms as for other officers under the administrative control of the Government. 

11. In respect of any matter in regard to which no provision has been made in this agreement the provisions of the Kerala Service Rules 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 shall be final.

  

 In witness whereof Sri …………………… the party of the first part and Sri ………… ……………… Secretary to the Government for and on behalf of the Governor of Kerala hereunto set their hands the day and year first above written. 

Signed by Sri…………………… the party of the first part.

 In the presence of witnesses:—

 1 ……………………….

 2 ……………………….

 Signed by Sri ………………….. Secretary to the Government for and on behalf of the Governor of Kerala. In the presence of witnesses :— 1…………………………. 2………………………….