CONTRACTUAL SERVICE AGREEMENT
This Agreement is made on dt. , at Chief District Medical Officer-cum- District
Mission Director, Rayagada.
BETWEEN
Odisha State Health of Family Welfare Society under the Department of Health &family
Welfare, Govt. of odisha represented through its CDMO-cum –District Mission director,rayagada
hereinafter called the “FIRST PARTY” on one part and Suresh Kumar Sahu, S/O- Sri Binod Chandra
Sahu,At-Jani street ,Padmapur , Po- Padmapur ,Dist- Rayagada hereinafter called the “SECOND
PARTY” on the other part.
WHEREAS the Odisha State Health & Family Welfare Society under the Departmeny of Health &
Family Welfare,Govt. of Odisha (here in after referred as OSH &FWS) desires to engage the services
of the Second Party as MPHW (M), under the administrative control of the 1 st party & Medical officer
I/C CHC-Jagannathpur is the immediate administrative authority as per the terms and conditions
hereinafter set forth.
AND
Now, therefore the parties here to agree as follows.
(2)
1. TERMS OF REFERENCE
(a) The Second Party will be assigned the position as MPHW (M), at SC- Chalkamba under CHC
Jagannathpur, Dist- Rayagada.
The Objectives & job responsibilities for each of the positions are annexed.
These terms of reference may be modified from time to time, as may be required in the interest
of the project, Working hours and holidays shall be those applying to the projects/activity of the
Society to which the Second Party is assigned.
(b) The Second Party will work as MPHW (M),SC Chalkamba under the direction and administrative
control of the Superitendent, CHC Jagannathpur CDMO-cum–District Mission director,rayagada
as in the case may be.
2. He has agreed to perform duties as per the present job description prescribed for the said post
under the Society and further agrees to be governed by the rules of the Society from time to
time.
3. The posting of the Second Party is transferable. He can also be sent elsewhere on deployment.
Upon such deployment the second party shall be governed by service conditions and the rules
of such new place of deployment.
2. DURATION OF AGREEMENT
The contract shall be from 02.03.2019 to 29.02.2020 with one day break on 01.03.2019
(subject to continuance for the post of MPHW (M), SC Chalkamba under CHC
Jagannathpur ,Dist-Rayagada) and may ordinarily, subject to satisfactory performance of duties
and midterm evaluation of the work concomitant to the provisions of Articles 6 and 7 of this
agreement be renewed. The Second Party shall neither have any right or lien on the contractual job
and the services shall stand automatically terminated at the expiry of the contract period or at the end
of project or abolition of the post by GoI or cessation of release of funds whichever is earlier.
There will be performance appraised in every twelve months and if two consecutive
appraisals are average the contract will stand automatically cancelled.
3 As full consideration for the work performed by the Second Party under the terms of
Agreement, the OSH & FWS shall pay the Second Party a consolidated sum of Rs 14500/- (In
Rupees forteen Thousand Five Hundred only) per month.
4. TRAVEL & DAILY ALLOWANCE
The norms of Odisha State Health & Welfare Society will be applicable to the relevant category
of contractual employee.
5. LEAVE
The Second party shall be entitled to the following sick, annual and / accrued, leave provisions.
The leave remaining unutilized at the end of the contract shall not be en-cashed.
• Casual Leave : 12 days per annum
• Earned leave : 30 days per annum
• Paternity leave: 15 days per norms of the OSH & FWS
(3)
6. STATUS OF THE SECOND PARTY (SIGNATORY)
The Second Party shall have status of contractual employee / Consultant and shall not be
considered in any respect as a regular staff of Odisha State Health of Family Welfare Society.
7. RIGHT AND OBLIGATION OF THE SECOND PARTY (SIGNATORY)
The rights and obligations of the Second Party are strictly limited to the terms and conditions of
this Agreement. Accordingly the Second Party shall not be entitled to any benefit, payment,
subsidy, compensation or pension from Odisha State Health & Family Welfare Society as
expressly provided in this Agreement.
The Second Party shall not be exempted from taxation as per income tax laws of Government of
India.
8. RECISSION
Either party may rescind the Agreement at any point of time by given the other party at least one
month notice in writing of its intention to do so, and is mandatory for both parties of this
Agreement. However, the period of notice can be reduced to 15 (fifteen) days or fifteen days
salary in lieu thereof by the first party in the following circumstances.
(i) If the post of the second party ceases to exist or not approved by Govt. of India or
abolished at any point of time for some reasons or others.
(ii) If the funding under any head for the post hold by any contractual employee ceases at
any point of time.
9. TERMINATION
• In case of improper conduct by the Second party, the OSH & FWS may terminate this Agreement
and no compensation shall be payable in such a case.
• This contract is issued on the understanding that all the information given by the Second Party in
his/her application form and during the interview are correct, true and complete. If it is found at
any point of time that the information given when seeking appointment is not complete and true
or any significant information has been knowingly suppressed, the Society will have the right
either to withdraw this letter of contractual engagement before she has join or terminate
appointment at any point of time after she has taken up service with the Society without any
notice or compensation.
• Notwithstanding anything contained herein above the services of the Second Party may be
terminated at any point of time by the competent authority of the Society if the Second Party is
found to be involved in criminal offence or guilty of any insubordination, intemperance or other
misconduct or of breach or non-performance or at the completion of the project as intimated. If
the second party will remain absent be terminated automatically in accordance with
Financed Department Office memorandum No 23689/F dt-23.06.2012.
10. JOB ABPNDOMENT
The second party is deemed to have abandoned his job when for a period of 10 consecutive
days has been absent without the permission of the higher authority in accordance with the
provisions contained in Chapter-12 of the HR Manual of OSH & FWS.
(4)
11. BREACH OF TRUST
Whenever the second party commits any breach of trust with gross violation of established
procedure, guidelines & instructions of the Society communicated from time to time by miss
utilizing his official position under the Society ¬ in consonance with the objectives of the
society & also whenever, the second party commits any breach of trust with misappropriation of
funds &resources of the society which he responsible for management &utilization or otherwise
by virtue of his position under the Society. The second Party is liable for such criminal
proceeding as deemed fit by the first party even after rescission, resignation, termination or
otherwise abandonment of the contract, not withstanding anything otherwise contained in the
contract.
12. DESIGNATION OF BENEFICIARY ( TO BE FILED BY THE SECOND PARTY)
The Second Party has been designated as
Name:
Relationship:
Address:
13. TITLE RIGHTS
The title rights copyrights and all other rights of whatsoever nature in any material produced in
the framework of this Agreement shall be vested exclusively with OSH & FWS.
12. UNPUBLISHED INFORMNATION
The Second Party shall not exercise the almost discretion in regard to all matters of official
business. She shall not communicate to any person any information know to him by reason of his
official position which has not been made public except in the course of her duties or by
authorization of the OSH & FWS. These obligations do not cease with expiry of this Agreement.
13. DISCLOSURE
The Second Party shall disclose to OSH & FWS any business or professional employment or
activity in which she may be engaged prior to or at any time in the course of the present
agreement. These activities shall not be incompatible with the performance of the services
outlined under Article-1.
14. PERFORMANCE OF DUTIES AND STANDARDS OF CONDUCT
In the performance of her duties as per the agreement the Second Party shall be exclusively
responsible to OSH & FWS and shall neither seek nor accept instruction from any external
agency unless otherwise as directed except those specified in Article-I (b)
The Second party shall not engage in any activity that is incompatible with those purpose and
principles or the proper discharge of her duties with the society. He shall avoid any action and in
particular any kind of public pronouncement which may adversely reflect on the relationship or on
the integrity independence and impartially which are required by her relationship with the Society.
(5)
That it is mutually agreed that the Second Party shall not indulge in or take part in any
association/ organization activities that will be detrimental to the interest of the Society in any
way.
Any favour gift or remuneration from any source shall not be accepted unless approval from
OSH&FWS has been obtained and communicated.
15. AMENDMENT
This Agreement may be amended as and when required by the Society.
16. SETTLEMENT OF DISPUTERS
Any claim or dispute relating to the interpretation of the execution of the present agreement
relating to the conditions of service shall be settled by OSH&FWS Dept. whose decision shall be
final and binding.
Signature by the Second Party Signature by the First Party
Signature: Signature:
Name: Name: Dr. Shakti Brata Mohanty
Address: Designation in the Society:
CDMO cum DMD, Ryagada
Date: Date:
Ph. No-
Witness –1 Witness-2
Signature : Signature:
Name: Name:
Address: Address:
Date: Date:
