17/08/2022
SHORT TERMS AGREEMENT FOR ENGAGING CONDUCTOR:
1. This agreement is made on this _____________between the Delhi Transport Corporation (hereinafter called the first party) through ______________________________________ ( Designation of the officer and name of the department) and his successors/assignee in office as the first party,________________________________
_______________________________________________ (name and address of the contractual conductor) (hereinafter called the second party).
2. The engagement is purely temporary with effect from _________________ to _____________ for a period of one year with the clear understanding that its further renewal on annual basis with depend upon the performance of the second party and satisfaction of the first party and under no situation second party shall claim to be considered for renewal of contract or as regular appointment despite the length of service put up as contractual worker with the first party.
3. That second party shall deposit a cash security worth Rs.12000/- with the first party which is refundable and would not invite any interest thereon, it can also be used for securing any loss to the first party.
4. The first party on consideration of services rendered by him shall pay wages to the second party as per the rates of minimum wages announced by the Govt. of NCT of Delhi from time to time plus incentive which will be paid for line duties actually performed only and not for desk/inside depot duties. In addition to the emoluments, the statutory, contributions at the prescribed rates shall also be made by the first party towards employer’s share on account of the employees state insurance (ESI) and the provident fund (P.F) contributions respectively.
5. The first party will deduct all the statutory deductions as per the laid down rates from time to time.
6. That first party reserves the right to cancel the agreement or to terminate the services of the second party without giving any notice/reason.
7. In case of any court cases, the second party shall arrange for his security as well as for his bail in case of his Arrest, No wage shall be payable for the period under arrest. The first party reserves the right to decide whether the second party should be allowed to continue in employment.
8. The second party shall indemnify the first party against all damages/charges and expenses for which the first party may be held liable to pay on account of the negligence of the second party or any person under his control whether in respect of accident injury or damages to the person to the person or the property of any member of the public or any person or in executing the work or otherwise and against all claims and demands there of which includes demand of first party also.
9. If any information furnished by second party is found to be incorrect at any time the agreement is liable to be terminated without any notice.
10. The second party shall compensate in full or in part as decided by the first party the loss sustained by the first party on account of losses resulting from any damages /fraudulent tactics put to the first party by second party or in case of concealment of a facts regarding age, imprisonment/fine by the court of law etc., which may lead to termination of this agreement also.
11. The first party shall have the right to utilize the services of second party in any of the depot/unit of the First party.
12. The Second party should be (i) 10th passes of equivalent from any recognized Board/Institute in India) (ii) maximum age limit of 35 Years (relax able incase of SC/ST by 5 years & OBC by 3 Years) (relaxation for Ex-Serviceman as per Govt. of India. Instructions i. e after excluding service rendered in Defence plus three years from the actual age) on the date of conducting interview and (iii) holding of valid conductor’s license issued by the STA-Delhi.
13. That second party shall wear the prescribed uniform according to season i.e summer/winter uniform in summer/winter seasons and a badges bearing his name and designation while on duty and this will be arranged be the second party himself.
14. The first party shall terminate the services of the second party incase of black lighting on account of any kind of committal of offence/serious misconduct or not found to be competent or found to be disorderly on the discharge of his duties.
15. That second party will be issued temporary identify card-cum-free destination pass for DTC buses by the First party within the Union Territory of Delhi from the residence to the duty place and Vice-Versa for a period of one month which will be renewed on Month to Month basis.
16. That nature of the Engagement of the second Party is purely on contractual basis and he shall not raise any claim for senior.
17. The First Party shall have the right to ask for the removal of any conductor including black listed who is not found to be competent and/or orderly in the discharges of his/her duties or found involved in a case of cheating/misappropriation of the revenue.
18. The first party shall be authorized to fix timings of the various duty shifts. A single duty shift will have normal duration job of 8 ½ hours including rest of half an hours.
19. The second party shall be found to observe all the instructions issued by the first party concerning General Discipline and behavior.
20. The duties and responsibilities of the second party are as under:-
a) He/she shall conduct the operation of bus as per prescribed memo/time/schedule issued to him by the First Party.
b) He/ She shall follow the rules of the 1st party.
c) He/she shall not leave the bus isolated while on rest in his/her duty hours.
d) He/she will ensure that all the instructions of the 1st party are strictly followed and there is no lap of any kind.
e) He/she shall be well behaved and disciplined towards the commuters who travel in the bus.
f) He/she shall ensure that passengers are board or disembark properly on each bus stop.
Any violation of the above duties reported to the authorities will result into cancelation of contract forthwith.
21. Any other provisions as advised by the 1st party shall be incorporated in the agreement the same shall also be the binding on the 2nd party.
22. In case I indulge in any activity resulting in leakage to traffic revenue, my security deposit will be forfeited and my license may also be cancelled/forfeited.
23. The 1st party shall have the right to utilize the services of 2nd party in any of the depot/unit of the 1st party.
24. In case the 2nd party found indulge in the leakage of traffic revenue or irregularities on line the 2nd party will be black listed and licensing authority will be informed for cancellation of his/her license. The amount of security deposit with 1st party will be forfeited.
25. The 1st party shall terminate the services of the 2nd party in case of black listing of any kind of committal of offence/serious misconduct or not found to be competent or found to be disorderly in the discharge of his/her duties.
26. Forfeiture/cancellation of license of such erring contractual drivers and conductors, who are the black listed with the licensing authority the amount of security deposited by such erring (black listed) personnel’s may also be forfeited there is an insertion to this effect Be incorporated in the terms and conditions of the agreement as issued vide circular No. PLD-III (Cont. Dr./Cond/)2011/4232 dated 29th july 2011 of the respective Depot Manger.
27. The 1st party shall terminate the contract agreement of the 2nd party without notice in case 2nd party is found to be having indirectly engaged/associated in/with any other business, occupation of employment including driving etc. against the interest/work of the corporation.
Witness ( )
Signature For and on behalf of
Name _________________ Delhi Transport Corporation
Address _______________ Delhi /New Delhi
Witness ( )
Signature Mr. NEERAJ KUMAR
Name _________________ Address ABCD
Address _______________ (2nd party)
AFFIDAVIT
I NEERAJ KUMAR S/O SH. DHARAMVEER SINGH R/O ABCD , do hereby solemnly affirm and certify that I am a bonafide applicant for engaging on contractual basis as Conductor for a period of one year.
• I further affirm that I am aware of the terms and conditions of the offer of contractual engagement with DTC and I agree to abide by all the terms and conditions of the said offer.
• I am to state that all the credentials/certificates and statements/averments made by me while applying for the contractual engagement for a period of one year as Conductor are true and the certificates/ testimonials submitted by me are bonafide. I am fully aware that in future, at any time if it is detected that the above details given by me are found to be incorrect/false/fake, then I will be fully responsible for the same and the Corporation will be free to take any action against me, both criminal and civil proceedings, as deemed fit.
• I am fully aware that the offer of engaging on contractual basis is only for a period of one year and I will not claim any regular employment in DTC on any grounds whatsoever.
• I further affirm that. on the above terms and conditions I am willing to accept the offer of engagement on contractual basis with DTC if found suitable otherwise.
• That in the event of any loss caused to the DTC during the course of any discharge of official duties by me, I shall keep the Corporation under indemnified all the losses and claims.
Date: Deponent
Verification
I NEERAJ KUMAR hereby declare/verify that the contents
from Para(s) I to 6 are correct.
Verified at Delhi on 19/03/2022.
Deponent
