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Page 1 of 8
MOU
Between
Rajasthan Skill and Livelihoods Development Corporation
And
Project Implementation Agency, Aajeevika Skills
For implementing Aajeevika Skills Project of MoRD, GoI
In the State of Rajasthan
Page 2 of 8
Draft Memorandum of Understanding
1. This Memorandum of Understanding is entered into on this <insert day>
<insert month, year> (hereinafter called MoU).
Between
Rajasthan Skill and Livelihoods Development Corporation, hereinafter called
the “RSLDC” (Which expression shall and include, unless it is repugnant to the
context, its administrators, successors and assignees) under the administrative
control of Department of Labour and Employment, Government of Rajasthan;
and represented by its authorized signatory Shri/Smt./Ms.
___________________ working as _____________ <Designation>, aged
_____ years.
And
___________<Name of PIA>, a ____________<Legal Nature of Organization>
having its Head Office at ______________ <Complete Address of PIA to be
given>, hereinafter referred to as Project Implementing Agency “the PIA”
(which term and expression shall mean and include, unless it is repugnant to the
context its successors, administrator and assignees) and represented by its
authorized signatory Shri/Smt./Ms. ___________________ working as
_____________ <Designation>, aged _____ years.
2. Both the parties mentioned above shall be jointly referred to as “Parties”
under this MoU.
3. Purpose of MoU
3.1. This MoU establishes a framework for execution of projects between
parties under the Aajeevika Skill Guidelines, September 2013 (as amended from
time to time), of the Ministry of Rural Development, Government of India. It
sets out the role and responsibilities of each of the parties for achievement of
common objectives of Aajeevika Skills.
3.2. Both parties hereby affirm that they shall work towards the
implementation of the project MoU in letter and spirit.
Page 3 of 8
4. Responsibilities of the Parties to the MoU
I. Responsibilities of Rajasthan Skill and Livelihoods Development
Corporation (RSLDC)
4.1.Rajasthan Skill and Livelihoods Development Corporation has primary
role in stewardship and monitoring of the projects under Aajeevika Skills
in the State. The RSLDC shall ensure inter-alia, the following:
i. It will discharge its responsibilities through facilitation, timely
support and timely review of the progress of the project.
ii. Timely release of financial grants to PIA (including centre +
matching state share). Ensure timely fund release for the project to
the PIA as per prescribed service standards and operational norms.
iii. Regular Monitoring of Performance and outputs in terms of the
Aajeevika Skills Guidelines.
iv. Regular review of quality performance through field visits, quality
assurance checks and inspections.
v. Facilitate information exchange, dissemination, analysis of trends
and feedback into management and monitoring of the Aajeevika
Skills project.
vi. The stewardship role shall be exercised in accordance with the
Guidelines and procedures for Aajeevika Skills projects (as issued
from time to time).
vii. Undertake regular and concurrent monitoring of the project being
undertaken by the PIA, through field visits and MIS review, to
continuously assess the performance of the PIA for inputs to all
stake holders and for timely course correction.
II. Project Implementing Agency (PIA)
4.2.The PIA under this MoU agrees to the following:
i. The PIA will be fully and directly responsible for achieving the
physical targets (as per given Work Schedule attached with the
MoU) and corresponding financial targets of the project in full
compliance with the Aajeevika Skills Guidelines and the project
sanction order. It includes all responsibilities of quality, training,
Page 4 of 8
Assessment & Certification (A&C), placement of youth trained
and follow-up.
ii. The PIA shall comply with all terms and conditions (as annexed),
in addition to the norms as specified under Aajeevika Skills
Guidelines, 2013 (and any additional requirements arising out of
revisions in guidelines thereto).
iii. The PIA shall proactively endeavour to enhance the quality norms
across the project value chain.
iv. The PIA, of its own accord shall promptly inform all the parties of
any changes or any modifications that affects its legal nature and
the objectives under this MoU. Such information shall be
communicated in writing to all the parties to this MoU within 7
days of such modification.
5. Financing of the project
5.1.The PIA is sanctioned financial assistance for the project <Title of the
Project as below>
i. Sanction reference no: sanction letter no <_________> dated
<______> <with annexure> <total no of candidates for skilling>
<insert no of candidates>.
ii. Total project cost Rs.<__________> project tenure <insert number
of years> (refer copy of sanction along with Terms and conditions
as enclosed).
5.2. The PIA shall not be entitled to any additional funding for any extension in
the tenure of the project, unless specifically approved by Ministry of Rural
Development, Government of India or RSLDC. In general all projects shall be
required to be completed within the approved project tenure failing which the
project may be closed by the Rajasthan Skill and Livelihoods Development
Corporation. Such closure shall result in limiting the funding of the project to
the extent of physical achievement attained till the sanctioned tenure of the
project.
5.3. RSLDC may suspend all the payments to the Second Party if the Second
party fails to perform any or all of its obligations under this MoU. However, the
RSLDC shall take this action only after giving a due notice to the PIA
Page 5 of 8
specifying the nature of non-performance of the PIA, and providing due
opportunity to the PIA to remedy such failure within a reasonable period as
maybe specified in the notice.
6. Special Conditions
6.1 . RSLDC may engage services of a Central or State TSA during any time
of the project, and may assign certain task of monitoring etc. to the TSA. The
role of TSA shall be applicable for the purpose of execution of MoU, as decided
by RSLDC from time to time.
6.2 As Aajeevika Skills is a Centrally Sponsored Scheme (CSS), Guidelines/
Rules/ Circular/ Orders will be issued by Government of India and RSLDC
from time to time. All such Guidelines/ Rules/ Circular/ Orders shall be
applicable as and when issued. In case, there is any issue of interpretation or
conflict, the decision of RSLDC shall be final and binding on the second party.
7. Communication
7.1. All notices and communication under this MoU shall be addressed to the
following representatives of the parties as detailed below-
(i) < Insert name, designation, email address of Rajasthan Skill and
Livelihoods Development Corporation >
(ii) < Insert name, designation, email address of PIA >
7.2. Formal communications shall include communication by email as well.
7.3. Any communications that may require deviation from this MoU or
Aajeevika Skills Guidelines, 2013 (as amended from time to time) and related
order and procedures shall be permitted only with written approval of Ministry
of Rural Development, Government of India by RSLDC.
8. Confidentiality
8.1. All parties acknowledge the confidentiality of information that may be
exchanged among the parties from time to time, under this MoU. All parties
agree not to disclose the same to any outside party, unless such information is:
(i) Part of public domain at the time of disclosure or
Page 6 of 8
(ii) Require to be disclosed in accordance with the applicable laws of the
country.
9. Arbitration and Applicable Laws-
9.1. The parties hereby agree that any controversy, claim or dispute arising in
connection with this MoU, and which cannot be resolved amicably shall be
referred to the Board of Directors of Rajasthan Skill and Livelihoods
Development Corporation in the State and later to the Empowered Committee
of Ministry of Rural Development, Government of India, whose decision shall
be final and binding on all parties.
9.2. All disputes shall be resolved as per the Government of India policies and
applicable India Laws.
9.3. In case filed for judicial remedy, where the Ministry of Rural Development
is the First Deponent, the case shall be filed in New Delhi. In case for judicial
remedy, where the First Deponent is Rajasthan Skill and Livelihoods
Development Corporation, the case shall be filed in the respective court in the
State Headquarters.
10. Force Majeure-
10.1. No failure or omission by any of the parties to perform any of the terms
and conditions under this MoU shall give rise to any claim against such party or
be deemed breach of this MoU if such failure or omission arises from an act of
God, war or military operations, national or local emergency, natural disasters
(fire, lightening, flood or such similar disasters), or any other reason which lies
outside the control of the Parties.
11. Validity of the MoU
11.1. This MoU shall come into force on the date of execution of the MoU and
shall be valid for the project period.
12. Debarment of the PIA
12.1 The RSLDC, with the approval of the Ministry of Rural Development,
Government of India, may debar the PIA from applying for a fresh project if the
PIA does not remedy a failure in performance under this MoU within the period
specified in the notice.
Page 7 of 8
12.2 However, the RSLDC shall take action for debarment only after giving a
due notice to the PIA specifying the nature of non –performance of the PIA with
an opportunity to remedy such failure within a reasonable period as maybe
specified in the notice ,and after giving the PIA an opportunity to be heard.
13. Termination
13.1. This MoU may be terminated by the PIA by giving 30 days written notice
to the RSLDC.
13.2. The RSLDC may terminate the MoU by giving 30 days notice to the PIA
with information to the Ministry of Rural Development ,Government of India in
case:
(1) The PIA becomes insolvent or bankrupt or is convicted under any criminal
or civil charges under the applicable laws in the country.
(2) The PIA does not remedy a failure in performance as pointed out by the
RSLDC within a specified period of notice issued by the RSLDC.
13.3. However, the RSLDC shall take action for termination of MoU only after
giving a due notice to the PIA specifying the reasons for termination with an
opportunity to reply within the reasonable period as may be specified in the
notice, and after giving the PIA an opportunity to be heard.
14. Severability
14.1. The invalidity of any provision of this MoU shall not invalidate other
provision or the MoU. Any such gap should be duly modified through
amendment to the MoU in writing, with mutual consultation among all the
parties.
15. Modification of MoU
15.1. Any provision of this MoU may be amended or modified at any time by
mutual consent among the party.
15.2 Such amended/modification shall be undertaken with the written approval
of Ministry of Rural Development, Government of India and communicated
duly to all the Parties.
Page 8 of 8
In witness where off all parties hereto have causes this agreement and a
triplicate thereof on their respective behalf by their dully authorized officials on
the date and place herein above mentioned
Signed, sealed and delivered within Name and address of RSLDC
By the hands of duly authorized representatives.
In the presence of the following witnesses:
1
2
Signed, sealed and delivered within Name of Rajasthan Skill and Livelihoods
Development Corporation
By the hands of duly authorized representatives
In the presence of the following witnesses:
1
2
Signed, sealed and delivered within Name of PIA
By the hands of its duly authorized representatives.
Enclosed:
1. Copy of Sanction Order issued by Project Sanctioning Authority
2. Copy of Standard Term & Conditions
3. Copy of Special Term & Conditions
4. Work Schedule for the Project (Annual District-Wise, Center-wise,
Trade-wise targets)

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Mou rsldc a_ajivikaa_pia_08_07_2014

  • 1. Page 1 of 8 MOU Between Rajasthan Skill and Livelihoods Development Corporation And Project Implementation Agency, Aajeevika Skills For implementing Aajeevika Skills Project of MoRD, GoI In the State of Rajasthan
  • 2. Page 2 of 8 Draft Memorandum of Understanding 1. This Memorandum of Understanding is entered into on this <insert day> <insert month, year> (hereinafter called MoU). Between Rajasthan Skill and Livelihoods Development Corporation, hereinafter called the “RSLDC” (Which expression shall and include, unless it is repugnant to the context, its administrators, successors and assignees) under the administrative control of Department of Labour and Employment, Government of Rajasthan; and represented by its authorized signatory Shri/Smt./Ms. ___________________ working as _____________ <Designation>, aged _____ years. And ___________<Name of PIA>, a ____________<Legal Nature of Organization> having its Head Office at ______________ <Complete Address of PIA to be given>, hereinafter referred to as Project Implementing Agency “the PIA” (which term and expression shall mean and include, unless it is repugnant to the context its successors, administrator and assignees) and represented by its authorized signatory Shri/Smt./Ms. ___________________ working as _____________ <Designation>, aged _____ years. 2. Both the parties mentioned above shall be jointly referred to as “Parties” under this MoU. 3. Purpose of MoU 3.1. This MoU establishes a framework for execution of projects between parties under the Aajeevika Skill Guidelines, September 2013 (as amended from time to time), of the Ministry of Rural Development, Government of India. It sets out the role and responsibilities of each of the parties for achievement of common objectives of Aajeevika Skills. 3.2. Both parties hereby affirm that they shall work towards the implementation of the project MoU in letter and spirit.
  • 3. Page 3 of 8 4. Responsibilities of the Parties to the MoU I. Responsibilities of Rajasthan Skill and Livelihoods Development Corporation (RSLDC) 4.1.Rajasthan Skill and Livelihoods Development Corporation has primary role in stewardship and monitoring of the projects under Aajeevika Skills in the State. The RSLDC shall ensure inter-alia, the following: i. It will discharge its responsibilities through facilitation, timely support and timely review of the progress of the project. ii. Timely release of financial grants to PIA (including centre + matching state share). Ensure timely fund release for the project to the PIA as per prescribed service standards and operational norms. iii. Regular Monitoring of Performance and outputs in terms of the Aajeevika Skills Guidelines. iv. Regular review of quality performance through field visits, quality assurance checks and inspections. v. Facilitate information exchange, dissemination, analysis of trends and feedback into management and monitoring of the Aajeevika Skills project. vi. The stewardship role shall be exercised in accordance with the Guidelines and procedures for Aajeevika Skills projects (as issued from time to time). vii. Undertake regular and concurrent monitoring of the project being undertaken by the PIA, through field visits and MIS review, to continuously assess the performance of the PIA for inputs to all stake holders and for timely course correction. II. Project Implementing Agency (PIA) 4.2.The PIA under this MoU agrees to the following: i. The PIA will be fully and directly responsible for achieving the physical targets (as per given Work Schedule attached with the MoU) and corresponding financial targets of the project in full compliance with the Aajeevika Skills Guidelines and the project sanction order. It includes all responsibilities of quality, training,
  • 4. Page 4 of 8 Assessment & Certification (A&C), placement of youth trained and follow-up. ii. The PIA shall comply with all terms and conditions (as annexed), in addition to the norms as specified under Aajeevika Skills Guidelines, 2013 (and any additional requirements arising out of revisions in guidelines thereto). iii. The PIA shall proactively endeavour to enhance the quality norms across the project value chain. iv. The PIA, of its own accord shall promptly inform all the parties of any changes or any modifications that affects its legal nature and the objectives under this MoU. Such information shall be communicated in writing to all the parties to this MoU within 7 days of such modification. 5. Financing of the project 5.1.The PIA is sanctioned financial assistance for the project <Title of the Project as below> i. Sanction reference no: sanction letter no <_________> dated <______> <with annexure> <total no of candidates for skilling> <insert no of candidates>. ii. Total project cost Rs.<__________> project tenure <insert number of years> (refer copy of sanction along with Terms and conditions as enclosed). 5.2. The PIA shall not be entitled to any additional funding for any extension in the tenure of the project, unless specifically approved by Ministry of Rural Development, Government of India or RSLDC. In general all projects shall be required to be completed within the approved project tenure failing which the project may be closed by the Rajasthan Skill and Livelihoods Development Corporation. Such closure shall result in limiting the funding of the project to the extent of physical achievement attained till the sanctioned tenure of the project. 5.3. RSLDC may suspend all the payments to the Second Party if the Second party fails to perform any or all of its obligations under this MoU. However, the RSLDC shall take this action only after giving a due notice to the PIA
  • 5. Page 5 of 8 specifying the nature of non-performance of the PIA, and providing due opportunity to the PIA to remedy such failure within a reasonable period as maybe specified in the notice. 6. Special Conditions 6.1 . RSLDC may engage services of a Central or State TSA during any time of the project, and may assign certain task of monitoring etc. to the TSA. The role of TSA shall be applicable for the purpose of execution of MoU, as decided by RSLDC from time to time. 6.2 As Aajeevika Skills is a Centrally Sponsored Scheme (CSS), Guidelines/ Rules/ Circular/ Orders will be issued by Government of India and RSLDC from time to time. All such Guidelines/ Rules/ Circular/ Orders shall be applicable as and when issued. In case, there is any issue of interpretation or conflict, the decision of RSLDC shall be final and binding on the second party. 7. Communication 7.1. All notices and communication under this MoU shall be addressed to the following representatives of the parties as detailed below- (i) < Insert name, designation, email address of Rajasthan Skill and Livelihoods Development Corporation > (ii) < Insert name, designation, email address of PIA > 7.2. Formal communications shall include communication by email as well. 7.3. Any communications that may require deviation from this MoU or Aajeevika Skills Guidelines, 2013 (as amended from time to time) and related order and procedures shall be permitted only with written approval of Ministry of Rural Development, Government of India by RSLDC. 8. Confidentiality 8.1. All parties acknowledge the confidentiality of information that may be exchanged among the parties from time to time, under this MoU. All parties agree not to disclose the same to any outside party, unless such information is: (i) Part of public domain at the time of disclosure or
  • 6. Page 6 of 8 (ii) Require to be disclosed in accordance with the applicable laws of the country. 9. Arbitration and Applicable Laws- 9.1. The parties hereby agree that any controversy, claim or dispute arising in connection with this MoU, and which cannot be resolved amicably shall be referred to the Board of Directors of Rajasthan Skill and Livelihoods Development Corporation in the State and later to the Empowered Committee of Ministry of Rural Development, Government of India, whose decision shall be final and binding on all parties. 9.2. All disputes shall be resolved as per the Government of India policies and applicable India Laws. 9.3. In case filed for judicial remedy, where the Ministry of Rural Development is the First Deponent, the case shall be filed in New Delhi. In case for judicial remedy, where the First Deponent is Rajasthan Skill and Livelihoods Development Corporation, the case shall be filed in the respective court in the State Headquarters. 10. Force Majeure- 10.1. No failure or omission by any of the parties to perform any of the terms and conditions under this MoU shall give rise to any claim against such party or be deemed breach of this MoU if such failure or omission arises from an act of God, war or military operations, national or local emergency, natural disasters (fire, lightening, flood or such similar disasters), or any other reason which lies outside the control of the Parties. 11. Validity of the MoU 11.1. This MoU shall come into force on the date of execution of the MoU and shall be valid for the project period. 12. Debarment of the PIA 12.1 The RSLDC, with the approval of the Ministry of Rural Development, Government of India, may debar the PIA from applying for a fresh project if the PIA does not remedy a failure in performance under this MoU within the period specified in the notice.
  • 7. Page 7 of 8 12.2 However, the RSLDC shall take action for debarment only after giving a due notice to the PIA specifying the nature of non –performance of the PIA with an opportunity to remedy such failure within a reasonable period as maybe specified in the notice ,and after giving the PIA an opportunity to be heard. 13. Termination 13.1. This MoU may be terminated by the PIA by giving 30 days written notice to the RSLDC. 13.2. The RSLDC may terminate the MoU by giving 30 days notice to the PIA with information to the Ministry of Rural Development ,Government of India in case: (1) The PIA becomes insolvent or bankrupt or is convicted under any criminal or civil charges under the applicable laws in the country. (2) The PIA does not remedy a failure in performance as pointed out by the RSLDC within a specified period of notice issued by the RSLDC. 13.3. However, the RSLDC shall take action for termination of MoU only after giving a due notice to the PIA specifying the reasons for termination with an opportunity to reply within the reasonable period as may be specified in the notice, and after giving the PIA an opportunity to be heard. 14. Severability 14.1. The invalidity of any provision of this MoU shall not invalidate other provision or the MoU. Any such gap should be duly modified through amendment to the MoU in writing, with mutual consultation among all the parties. 15. Modification of MoU 15.1. Any provision of this MoU may be amended or modified at any time by mutual consent among the party. 15.2 Such amended/modification shall be undertaken with the written approval of Ministry of Rural Development, Government of India and communicated duly to all the Parties.
  • 8. Page 8 of 8 In witness where off all parties hereto have causes this agreement and a triplicate thereof on their respective behalf by their dully authorized officials on the date and place herein above mentioned Signed, sealed and delivered within Name and address of RSLDC By the hands of duly authorized representatives. In the presence of the following witnesses: 1 2 Signed, sealed and delivered within Name of Rajasthan Skill and Livelihoods Development Corporation By the hands of duly authorized representatives In the presence of the following witnesses: 1 2 Signed, sealed and delivered within Name of PIA By the hands of its duly authorized representatives. Enclosed: 1. Copy of Sanction Order issued by Project Sanctioning Authority 2. Copy of Standard Term & Conditions 3. Copy of Special Term & Conditions 4. Work Schedule for the Project (Annual District-Wise, Center-wise, Trade-wise targets)