CHAPTER
II
PERSONNEL
POLICIES
(c) Service Matters
29. DPE/Guidelines/II(c)/29
Enforcement/transfer
of bond in respect of employees of Public Enterprises who leave the services of
one Undertaking to join another Undertaking/ Government.
The undersigned is directed to refer to this
Department’s OMs No. BPE/GL-017/77/MAN/2(11)/75-BPE(GM-I) dated 13.6.1977 and
23.5.1981 and No. 17/20/84-GM dated 5.2.1985 on the subject mentioned above,
which were deleted vide this Department’s O.M. No. 20(5)/95-DPE(GM) dated 10th December,
1997. After deletion of these guidelines, Department of Public Enterprises
received references from various quarters for revival of these guidelines to
enable them to regularize enforcement/ transfer of bond in the case of public
sector employees joining services in Central Govt./State Govt./Autonomous
Bodies. The position has been reviewed and after careful consideration, it has
been decided to revive this Department’s OMs dated 13.6.1977, 23.5.1981 and
5.2.1985 with the following modifications:
(a) The bond executed by
employees of the Public Enterprises, who have received scientific/technical
training at the cost of Public Enterprises and have applied through proper
channel during the currency of the bond join Central Govt./State Govt. services
or take up employment under quasi-government organizations or any other public
enterprise either on the basis of competition examinations/tests/interviews
organized by those organizations or the Union Public Service Commission should
not be enforced subject to the condition that a fresh bond is taken to ensure
that the employee serves the new employer for the balance of the original bond
period.
(b) The terms of bond
whereby an employee of a Central public enterprise receiving scientific and
technical training out the expenses of the Govt./Public Sector Enterprises
undertakes to repay this specified amount in the event of his failure to serve
the enterprise for a stipulated period after completion of his training should
not be enforced against an employee who leaves service of public enterprise to
secure, with proper permission, employment under the Central Govt., a public
enterprise or an autonomous body wholly or substantially owned/financed/controlled
by the Central/State Govt. A fresh bond should be taken from the person
concerned to ensure that he serves the new employer for the balance of the
original period.
(c) To ensure that the
requirement of obtaining a fresh bond from a person, where necessary, is
fulfilled, the enterprise with whom the employee has executed the original bond
may at the time of forwarding his application write to the organization etc.
under whom the employee intends to take up another appointment intimating them
about the bond obligation of the individual and clarifying that in the case of
his selection for the new post, his release will be subject to the condition
that the new organization take from him a fresh bond binding him to serve them
for the balance of the original bond period; in case he fails to serve the new
department/organization etc. or leaves it before completion of the original
bond period for a job where exemption from bond obligation is not available,
the proportionate bond money should be realised from the individual and
refunded to the first organization with whom he originally executed the bond.
2. All the
administrative Ministries/Departments are requested to kindly issue necessary
instructions accordingly to the public sector enterprises under their
administrative control.
(DPE
O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)
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