Paschim Banga Society for Skill Development

Technical Education, Training & Skill Development Department

Government of West Bengal
Karigari Bhawan
B/7, Action Area – III, New Town, Rajarhat, Kolkata – 700 160

No: PBSSD/PJ/PMKVY/IMP/2017/16/967 Date: 29-11-2018

To: M S SOLUTIONS

Sub: Work Order for TC038555 for SMART Accreditation for Training under PMKVY-CSSM in West
Bengal
Upon receipt of the Performance Bank Guarantee and copies of Affiliation certificates of SMART, the
undersigned is pleased to offer you this Work Order for commencing the training of trainees under the
PMKVY-CSSM mode in West Bengal. This Work Order should be read along with the Provisional Allocation
Order released prior to this and all the notifications and guidelines of Ministry of Skill Development and
Entrepreneurship regarding PMKVY and PMKVY-CSSM (as applicable) which can be downloaded
from http://pmkvyofficial.org/Index.aspx and http://pmkvyofficial.org/statecomponent.aspx . In
addition, the norms and regulations of this project must be adhered to any specific order as released by
PBSSD from time to time regarding implementation of PMKVY-CSSM.
Following are the details of the assignment:
TC ID Course Allocation
TC038555 HSS/Q8601 300

A. Funding Pattern:
The phases of funding would be as follows:
Regulated Percentage of
Stage
Fund Release
After the candidates having covered at least 15% of the course hours 15%
After Assessment & Certification 65%
After Placement of Candidates 20%
The above payment schedule is subject to the following:
i. The second tranche would be calculated on the basis of candidates actually certified.
ii. The dropouts will not be considered for 2nd and 3rd tranche. The 1st tranche of payment of
the dropouts would be adjusted in next tranche.
All other payment terms and conditions would follow the PMKVY-CSSM guidelines.

The Training Provider must submit invoices in formats which would be shared by PBSSD for all fund
requests.
 Total funding for this project would be INR 53, 24, 715.00
B. Terms and Conditions:
1 During the implementation of the project the Training Providers must be adhered to the terms and
conditions as mentioned in Annexure I of this document. Commencement of the training program
would be considered as an acceptance to the terms and conditions as mentioned in this work order.
2 In case you are using Government Infrastructure in terms of land & buildings, a User Charge
Deducted at Source (UCDS) of 10% would be charged on a pro-rata basis.
Sd/-
Project Director (in charge), PBSSD
 Annexure I

Terms and Conditions of implementing PMKVY-CSSM in West Bengal

1. Responsibility of PBSSD:

a. It will discharge its responsibilities through facilitation, timely support and timely review
the progress of the project.

b. Timely sanction of financial grants to Training Provider (TP). Ensure timely fund release for
the project to the Training Provider as per prescribed service standards and operational
norms.

c. Regular Monitoring of Performance and outputs in terms of the Pradhan Mantri Kaushal
Vikas Yojana (CSSM Project) Guidelines.

d. Regular review of quality performance through field visits, quality assurance checks and
inspections.

e. Facilitate information exchange, dissemination, analysis of trends and feedback into

management and monitoring of the Pradhan Mantri Kaushal Vikas Yojana (CSSM Project)

f. The stewardship role shall be exercised in accordance with the Guidelines and procedures
for Pradhan Mantri Kaushal Vikas Yojana (CSSM Project) (as issued from time to time) &
relevant PBSSD guidelines and Circulars issued from time to time.

g. Undertake regular and concurrent monitoring of the project being undertaken by the TP,
through field visits and MIS review, to continuously assess the performance of the TP for
inputs to all stakeholders and for timely course corrections.

2. Responsibility of Training Provider:

i. The TP will be fully and directly responsible for achieving the physical targets (as per given
Provisional Allocation Order and Work Order) and corresponding financial targets of the
project in full compliance with the Pradhan Mantri Kaushal Vikas Yojana (CSSM Project)
Guidelines and PBSSD norms as mentioned in all the documents related to implementation
of the scheme and future modifications. It includes all responsibilities of training centers
setups, quality training, Assessment & Certification (A&C), placement of youth trained and
follow-up as per PMKVY and PBSSD guidelines / Circulars issued from time to time.
 ii. The TP shall comply with all terms and conditions in addition to the norms as specified under
Pradhan Mantri Kaushal Vikas Yojana (CSSM Project) (and any additional requirements
arising out of revisions in guidelines, circulars and orders issued from time to time).

iii. The TP shall proactively endeavor to enhance the quality norms across the project value
chain.

iv. The TP, of its own accord shall promptly inform PBSSD of any changes or any modifications
that affects its legal nature and the objectives under this Work Order. Such information shall
be communicated in writing to PBSSD to this Work Order within 7 days of such modification.

v. After Work Order, the TP should submit a training program schedule with all the
timeline & details within 15 days to PBSSD.

vi. TP should not sublet/franchise training program to other parties. The program should be
conducted in their own / rented/leased premises in their own ownership.

vii. Arrange sufficient space, furniture, equipment, tools, training aids, raw material, electricity,
water supply and other essentials required for imparting training to youth in the proposed
course(s).

viii. All trainees have to be provided the prescribed uniform course books, required material
along with the Induction Kit.

ix. Hire / engage competent and eligible trainers, having undergone successful Training of
Trainers (ToT), to undertake training in the proposed courses. All trainings shall be imparted
by eligible trainers.

x. Installation of Aadhaar Enabled Biometric Attendance System (AEBAS) for daily attendance
of trainees, trainers & staff at the center shall be mandatory at all the PMKVY centers.

xi. Arrange assessment and certification of trained youth through concerned SSC or the
successor National Board for Skill Certification (NBSC) or other recognized agency or as
directed by NSDC. Video recordings of assessments will also be promoted. If there’s any
variation then Stakeholders including TP and SSC may be penalized as per the guidelines for
assessment under the scheme.

xii. It is mandatory for the students to maintain 80 % attendance to be eligible to appear in the
assessments.
 xiii. If training is discontinued after release of the 15% tranche, the entire amount with interest
rate @ 10% per annum will be returned to PBSSD within 15 days.

xiv. Open and maintain a separate bank account for implementing the program.

xv. Maintain separate books of accounts for project sanctioned by PBSSD for the purpose of
auditing.

xvi. The utilization of funds disbursed will be subject to audit by CAG and by the auditors
appointed by PBSSD.

xvii. TP will conduct trainings as per the PMKVY (CSSM) guidelines (amended from time to time)
and shall follow all circulars, office orders and directions issued by PBSSD from time to time
regarding PMKVY (CSSM).

xviii. Submit course and sector wise report as per details given in the applicable guidelines (as
amended from time to time) and modifications thereafter to the concerned PBSSD district
office for checking/auditing if required. It will also furnish required information in the MIS
to PBSSD headquarter as well as district office from time to time as directed.

xix. TP should place at least 70% of the successfully certified candidates within 3 months of
completion of training, with at least 50 % of the total placed candidates in wage employment.
If placement has not been made as per prescribed norms, the payment will be made as per
scheme guidelines.

xx. Candidates should be placed in jobs that provide wages at least equal to the minimum wages
prescribed as per Minimum Wage Act.

xxi. TP should make provision for post placement support / tracking for the candidates placed
as per guidelines.

xxii. TP need to track the placement of candidates every month for a period of one year as per the
provisions of scheme guidelines.

xxiii. For receiving placements payouts, a TP should upload the employment related information
of the placed candidates on the Skill Development Management System (SDMS) within
prescribed period of the candidates certification.

xxiv. A failed or a dropped candidates may undergo re-assessments. TP shall pay the assessment
fees upfront to the respective SSC or the /Assessment Agency for reassessing a candidate.
 xxv. TP shall keep a permanent record of trainees including their names, parents’ name, address,
contact number. course, copy of assessment certificate issued by SSC, copy of BPL / SC / ST
/ OBC / Gram Sabha certificate, photographs, video clips testimonial, placement details, etc..
TP shall provide a soft copy of such record to PBSSD in required format and keep a
permanent record as well.

xxvi. All Sanction Orders (Administrative & Financial) issue before and subsequent to releasing of
Work Order shall be a part of this Work Order.

3. Funding Pattern:

The training cost will be released in the name of Training Provider (TP) as per details given in the work
order (as amended from time to time).

i. PBSSD shall disburse the training cost to TP. TP should open a separate & dedicated bank
account to be maintained for the program purpose, any interest accrued on the amount
deposited in the bank, will be used for program activities only.

ii. If TP fails to organize/complete training for sanctioned number of youth after receipt of
training cost from PBSSD, TP shall refund the training cost received from PBSSD along with
interest at the prescribed rate proportionate to the extent training not organized.

4. Breach of Agreement

The eligibility of TP to execute this program has been decided on the basis of documents submitted &
claims made by TP. If it is found that there is any substantial misinformation / concealment PBSSD shall
be free to initiate penal action & cancel the Work Order on its own.

If it is found that the TP is operating a center on franchisee mode or conducting training for a trainee
who is already skilled in other scheme then PBSSD may initiate penal actions.

In case of gross misconduct/ irregularity/ non-performance, PBSSD may further decide to blacklist the
TP for future training programs.

5. EFFECT OF INVALID CLAUSES AND AMENDMENTS

If any of the provision of this Work Order is invalid, all other provisions shall remain unaffected thereby.
Any gap resulting there from, shall be filled by a provision consistent with the purpose of this work
order and settled by mutual consultation.
Any of the provisions of this work order may be amended or modified at any time by mutual consent
and all such amendments shall be part and parcel of this agreement.

The legal relations established by this work order shall terminate with the end of achieving of the target
as mentioned by the PBSSD.

6. TERMINATION

A. BY PBSSD

PBSSD may terminate this agreement, by not less than 30 days written notice of termination to TP, to
be given after the occurrence of any of the events specified in the below paragraphs (a) through (c) :

a) If TP does not remedy a failure in the performance of their obligations under the work order, within
(30) days after being notified or within any further period as PBSSD may have subsequently
informed in writing.
b) If TP becomes insolvent or bankrupt.
c) Any breach of terms & conditions of this Work Order and terms and conditions.
The TP may be asked to discontinue the training in a particular trade if placement is less than 50% over
the prescribed period.

B. BY THE TP
TP may terminate this Work order, by not less than thirty (30) days written notice to PBSSD, such notice
to be given after the occurrence of any of the events specified in paragraph (a) & (b):

a) If, due to some unforeseen circumstances, the TP is unable to carry out operations;
b) If, due to some unforeseen circumstances TP is unable to perform a portion of the Services;
C. PAYMENT UPON TERMINATION
Upon termination of this work order PBSSD shall make the payments to TP of all such remuneration
pursuant to, for Services satisfactorily performed prior to the effective date of termination. In all other
cases where TP has failed to deliver or comply with guidelines (as amended from time to time)
instalments would be recovered and no final payment would be made. PBSSD will forfeit Performance
Bank Guarantee amount in cases as decided by PBSSD. In all the cases the decision of PBSSD would be
final.

7. FORCE MAJEURE

Neither PBSSD nor TP hereto shall be considered in breach hereof or in default if it fails to perform or
observe any or all of the terms of this agreement resulting directly or indirectly, such as, but not limited
to acts of God, Civil or Military authority, acts of Public Enemy, war, riots explosion, earthquake, flood,
storm, lightning strike, etc. In such case both shall notify the other party of the occurrence of such cause
and should as a consequence, the performance under this work order be prevented for a period longer
than six months, then the other party shall have the right to terminate this work order.

8. REMOVAL OF DIFFICULTIES

Any matter not covered specifically in this agreement may be settled by mutual discussions and
addendum to the agreement in writing thereupon.

9. DISPUTE RESOLUTION

Any differences or disputes arise between PBSSD and TP shall in the first instant resolved mutually.

The matter regarding breach of any clause under this work order by the TP shall be discussed by both
and in case any breach has been committed by the TP of any of the terms and conditions of this work
order/ proposal/ guidelines (as amended from time to time), then decisions taken by PBSSD in this
regard shall be conclusive, final and binding on the Second Party.

Any dispute arising out of this work order, which cannot be amicably settled, shall be referred to the
Vice-Chairman, PBSSD or his nominee and the decision of Vice-Chairman, PBSSD or his nominee shall
be final and binding on the parties.

This agreement shall be governed by the Indian laws and subject to the jurisdiction of the Courts of
Kolkata, India.

10. CONFIDENTIALITY

PBSSD and the TP acknowledge the confidentiality of information that may be exchanged among the
parties from time to time, under this Work Order. All parties agree not to disclose the same to any
outside party, unless such information is:

a) Part of public domain at the time of disclosure or

b) Require to be disclosed in accordance with the applicable laws of the country.

11. ARBITRATION & APPLICABLE LAW

PBSSD and the TP hereby agree that any controversy, claim or dispute arising in connection with this
Work Order and which cannot be resolved amicably shall be referred to the Vice – Chairman, PBSSD
and whose decision shall be final and binding on all parties.

All disputes shall be resolved as per the Government of India policies and applicable Indian Laws.
12. VALIDITY OF THE WORK ORDER

The Work order would be valid till the time the target, as allocated, is not achieved. The Performance
Bank Guarantee would be renewed if the work order is in effect for more than the validity of the
Performance Bank Guarantee.

13. DEBARMENT OF THE TP

PBSSD, with the approval of the Ministry of Skill Development and Entrepreneurship, Government
of India, may debar the TP from applying for a fresh project if the TP does not remedy a failure in
performance under this Work Order within the period specified in the notice.

However, PBSSD shall take action for debarment only after giving a due notice to the TP specifying
the nature of non –performance of the TP with an opportunity to remedy such failure within a
reasonable period as maybe specified in the notice and after giving the TP an opportunity to be
heard.

14. SEVERABILITY

The invalidity of any provision of this Work Order shall not invalidate other provision or the Work
Order. Any such gap should be duly modified through amendment to the Work Order in writing,
with mutual consultation among all the parties.

15. MODIFICATION OF WORK ORDER

Any provision of this Work Order may be amended or modified at any time by mutual consent of
PBSSD and the TP.