ON RS.

100/- NON JUDICIAL STAMP PAPER

SKILL COUNCIL FOR PERSONS WITH DISABILITY

MEMORANDUM OF UNDERSTANDING CUM SERVICE LEVEL AGREEMENT

This Memorandum of Understanding cum Service Level Agreement is executed on

this 14 … day of March 2019, at New Delhi, between:

Skill Council for Persons with Disability (SCPwD), a Not for Profit Society
incorporated on 1st October 2015 under the Societies Act, 1860 with Registration No.
S-E/ 732/ Distt. South-EAST/ 2015 having its Registered Office at The Mantosh
Sondhi Centre, 23 Institutional Area, Lodhi Road, New Delhi 110 003 and Corporate
Office at 501 City Centre, 12/5 Dwarka, New Delhi 110075 is an established entity to
ensure and promote skill development and short term vocational training to persons
with disability hereinafter referred to as “Skill Council” or “SCPwD” on the First
Part which expression shall, unless repugnant to the context or meaning thereof, be
deemed to mean and include its successors and assigns, acting through its
Authorized Representative, Mr. Anup K Srivastava, CEO duly authorized by the
Governing Body (the then Governing Council) of SCPwD vide MoM dated 17 June
2016

And

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National Association For The Blind Employment and Training
Manesar……………………………………………….., a Company/ Society, registered
under …Indian Trust Act 1882…………………….., with Registration No.
6532…………… of 20 July 2009………….. (date) having its registered office at F101
Raheja Atlantis Sec 31 Gurugaon Haryana India
122002………………………………………….………, in the area/s of…Skill
development and Employment of the persons with disabilities ……………(herein
referred to as the “Training Provider” or “TP” on the Second Part, which expressions
shall, unless it be repugnant to the subject or context thereof, include its permitted
assigns, associates and successors assigns) acting through …Usha Mishra
……………………………………………………………, ……………………(Designation)
of Managing Trustee
…………………………………………………………………………………………………
…..

Whereas, SCPwD and the TP are hereinafter individually referred to as “Party” and
collectively known as “Parties”.

And Whereas the SCPwD, to the extent applicable, having its objective to create a
credible and effective mechanism with the support of relevant and interested
stakeholders for managing the task of short term skill development of persons with
disability across the country for meeting the current and future skill needs of the
various segments of industry with a vision to be the leading and apex body in the
skill development for persons with disability, the main task will be to develop skill
competency standards and bench marking it with international standards and to
work also with the related industry to train the existing workforce as well as new
inductees in PPP mode and advocacy of Services by ensuring Right Skills in the
Right Place at the Right Time for the Right type of Disability for the Right type of Job
Role.

And Whereas the SCPwD aims to develop skills competency, occupational

standards, carry out, execute, implement aid and assist activities towards short term
skill development for persons with disability in India and meeting the entire value
chains’ requirements of appropriately skilled trained manpower in quantity and
quality on a sustained and evolving basis and outcomes which shall meet the
expectations of related industry through ethical, transparent and effective
management of the SCPwD.

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And whereas …National Association For The Blind Employment and Training
Manesar……………………………………………………………………………., the
Second Party, is an organization engaged in Skill development and Employment of
the persons with disabilities in IndiaNow, therefore ..National Association For The
Blind Employment and Training -Manesar............as a Training Provider (TP) under
the provisions of NSDC and SCPwD schemes or any other scheme of Government of
India or State mission being implemented by NSDC through SCPwD or directly by
SCPwD for persons with disability, more specifically the PMKVY 2.0 Programme,
shall also confirm and abide by all the provisions and compliances agreed and
signed herein the Memorandum of Understanding between both the parties.

Now, therefore, this Memorandum of Understanding (MOU) cum Service Level

Agreement (SLA) is made under the following terms and conditions mutually agreed
by the SCPwD and the TP aforesaid.

(i) This Memorandum of Understanding (MOU) cum Service Level Agreement

(SLA) shall be valid for a period of one year with effect from _31_ day of
_March_____, 2018 and extendable thereafter on year-to-year basis subject to
the Training Provider/ Training Centre registration on SMART, if advised,
and subject to terms & conditions as may be provided from time to time.
(ii) The Training Provider (TP) will align the curriculum and courseware to the
Qualification Packs and the National Occupational Standards for each trade/
job role as set by SCPwD.
(iii) The TP shall provide a copy of the Participants’ Handbook in respect of the
related job roles, as published by the domain Sector Skill Council, to each
trainee/ candidate at his/ her own cost except to trainee/ candidate with
Blindness.
(iv) In addition to the above, the TP shall provide a copy of the Transformed
Digital Content or in Braille as developed by SCPwD for specific disability in
respect of the related job roles and as advised by SCPwD from time to time,
to each trainee/ candidate at his/ her own cost
(v) The TP will give an undertaking to the SCPwD that the trainers at the
participating centres were qualified to handle the training program as per
the QP/ NOS set by SCPwD for a specific disability and the TP shall make
sure that the trainers so deployed were Domain and Platform certified and
had, in addition, successfully undergone Disability Orientation and
Sensitization Training conducted by SCPwD for a top-up certification.

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 (vi) The TP has trade/ job role wise adequate lab infrastructure workshop
facilities, etc. as per the guidelines set by the SCPwD and shall maintain
these facilities at all times, more particularly during the validity of this this
Memorandum of Understanding (MOU) cum Service Level Agreement (SLA)
sufficiently equipped with assistive aids and tools for the disability, as
specified, in addition to the job role related equipment list as prescribed by
the domain Sector Skill Council and shall keep updated as advised by
SCPwD from time to time.
(vii) The TP shall keep each of the accredited and affiliated Training Center/s
ready for the center audit/ inspection as per the compliance norms set by
NSDC and SCPwD.
(viii) The TP shall maintain the compliance and continue to do so post
accreditation/ affiliation of the Training Centre/s as per guidelines of NSDC
and SCPwD. If violation is found at any time, it will lead to necessary action
against Training Provider/ Training Centre/s.
(ix) The TP will enter the candidates’/ trainee’s details into SDMS as required by
NSDC/ SCPwD and will ensure full compliance in this regard. The TP shall
in addition provide the details of the candidates uploaded on SDMS in an
excel sheet to SCPwD with an undertaking that the data provided to SCPwD
was verified from original of related documents, was genuine data without
any discrepancy whatsoever and TP takes all the responsibility for the data
provided.
(x) The TP will ensure that each of the candidate/ trainee enrolled was issued
with and was in possession of a valid Disability Certificate issued in the
prescribed form by an appropriate medical authority competent to issue such
a certificate in the district of the candidate's residence as mentioned in the
proof of residence submitted by him/ her and or the concerned medical
authority in a government hospital where he/ she may be undergoing or may
have undergone examination treatment in connection with his/ her disability.
(xi) The TP shall discharge an Undertaking declaring that the said valid Disability
Certificate was verified in respect of each candidate and the candidate was
enrolled for skill training only upon being found in possession of a genuine
Disability Certificate and the TP takes all the responsibility of the bona-fide of
the Disability Certificate in respect of each candidate enrolled. SCPwD shall
have the authority to check any or all Disability Certificate of the enrolled
candidates any time and the TP shall make sure that the original of certificates
were available for verification.
(xii) That in case of such Disability Certificate being issued in a local language, the
TP shall arrange to provide a copy of it in the nearest English translation, duly
attested by a gazetted officer of the State and certified by the TP.

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(xiii) The TP will be held liable for any wrong or misguiding information put into
the Skill Development Management Software (SDMS).
(xiv) The TP will ensure all candidates/ trainees have a UID number/ authorized ID
card/ Aadhaar Card as applicable for the NSDC Scheme. The TP shall provide
adequate assistance to the trainee to facilitate obtaining the UID number/ Bank
Account in case the candidate did not have one. Services of the nearest
Common Service Centre (CSC) may be used to hasten the process.
(xv) It will be the responsibility of the TP to update the UID information of the
trainee. The TP will be liable for any incorrect information entered into SDMS.
(xvi) The TP will ensure that the start and end date of each batch was entered into
SDMS. TP will be liable to the consequences of any delay in providing the
information.
(xvii) Prescribed fees towards assessment, has to be paid electronically, by the TP in
full at the time of enrolment, to SCPwD except in the case of PMKVY 2.0
Programme. However, in respect of re-assessment of candidates under
PMKVY 2.0, applicable fees shall be payable to SCPwD.
(xviii) In the eventuality of a candidate dropping out of the training program, the fee
will be non-refundable.
(xix) The TP is expected to provide the training as per the laid down schedule to
the trainees and to ensure that the trainees were adequately skilled as per the
performance criteria defined in the QP/ NOS.
(xx) A batch of not more than 30 trainees/ candidates per trade/ job role shall be
considered for training/ assessment. None of the batch shall have less than 10
trainees/ candidates unless specifically advised otherwise.
(xxi) The TP will allow the unsuccessful / absentee trainees/ candidates to take re-
assessment by paying the assessment fee to SCPwD.
(xxii) Only Indian nationals can participate in the scheme.
(xxiii) In respect of other than PMKVY 2.0, unless specified otherwise, SCPwD will
declare the results in 10 working days from the date of after the assessment,
keeping in mind the practical modalities involved and in respect of PMKVY
2.0, results will become available on the SDMS as per the provision of the
Scheme.
(xxiv) In respect of other than PMKVY 2.0, any trainee/ candidate dropping out
before taking the assessment/ re-assessment, as may be applicable, the
Training Provider will not be eligible for refund. In case of PMKVY 2.0,
provisions of the Scheme will apply.
(xxv) The Training Provider shall abide by this MoU/ SLA and this will be valid for
a period of one year from the date hereof except provided otherwise under
any specific Scheme.

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 (xxvi) The Training Provider shall inform SCPwD in writing at least one month in
advance in case of their intention to discontinue the services to be provided
under this Memorandum of Understanding (MOU) cum Service Level
Agreement (SLA) and handover all the documents and material which the
Training Provider will be possessing. The Training Provider is obliged to
complete the trainings that have already been committed and planned, prior
to such termination date of notice aforesaid.
(xxvii)Similarly, SCPwD also can discontinue the services of TP with one-month
notice.
(xxviii) Applicable amounts will be paid to the Training Provider or the trainee as
provided in the related scheme.
(xxix) Cost for Training of Trainers will be borne by Training Provider as decided by
SCPwD from time to time.
(xxx) In no event SCPwD shall be liable for any indirect, special, incidental,
consequential damages (including loss) directly or indirectly arising out of
breach of this Memorandum of Understanding (MOU) cum Service Level
Agreement (SLA), whether in contract, or otherwise, and whether or not
such damages resulting from any breach, damage, even if Training Provider
has been advised of the possibility thereof.
(xxxi) After such discontinuation of service, The Training Provider shall cease to
have the privilege of possession and/ or use of such documents and material
provided by SCPwD
a. In case of any disputes between the Parties under this Agreement with regard
to interpretation, or as to rights, duties or liabilities thereunder or otherwise
the Parties will endeavour to resolve the matter through mutual negotiations.
In case the dispute remains unresolved for a period of thirty (30) days, the
Parties may refer the dispute to a sole arbitrator to be mutually decided
between the Parties under the Arbitration and Conciliation Act, 1996. The
place of arbitration shall be at New Delhi and the language of arbitration shall
be in English. The governing law of this Memorandum of Understanding
(MOU) cum Service Level Agreement (SLA) shall be laws of India and the
courts of New Delhi shall have the exclusive jurisdiction to deal with this
Agreement.
b. SCPwD and Training Provider shall nominate a single point of contact (SPoC)
for respective parties for better coordination.

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(xxxii) This Memorandum of Understanding (MOU) cum Service Level Agreement
(SLA), along with Annexure, work orders, amendments thereof supersede all
previous arrangements, understanding, (written or oral) and arrangement
between the Training Provider and SCPwD in respect of the subject matter
contained and represents the entire understanding between SCPwD and
Training Provider in respect thereof. Any amendments to this Memorandum
of Understanding (MOU) cum Service Level Agreement (SLA) shall be on
mutual consent in writing of authorised representatives of the Parties.
(xxxiii) If any provision of this Memorandum of Understanding (MOU) cum Service
Level Agreement (SLA) is found to be illegal, void or unenforceable under
law, the Parties will cooperate to obtain substantially the same result that
provision is intended to provide, either through amendment, modification or
alteration to the minimum extent possible to make such provision valid, legal
or enforceable. If no such changes are possible, the related provision shall be
deemed to be deleted and the rest of the provision shall continue to be
applicable and the remainder of the provisions shall continue to be
enforceable and in full force and effect.
(xxxiv) Any variation or waiver of any of the terms of this Agreement shall not
be binding unless set out in writing, expressed to amend this Memorandum of
Understanding (MOU) cum Service Level Agreement (SLA) and signed by or
on behalf of each of the parties.
(xxxv) Changes to MOU/SLA: Any requested change to this Memorandum of
Understanding (MOU) cum Service Level Agreement (SLA) shall be
communicated to the other party by email, and if the other party is in
agreement with the requested changes, the parties shall promptly advise and
execute an updated version of this Memorandum of Understanding (MOU)
cum Service Level Agreement (SLA) or a Supplementary Memorandum of
Understanding (MOU) cum Service Level Agreement (SLA) as needed.
(xxxvi) This Memorandum of Understanding (MOU) cum Service Level Agreement
(SLA) shall be valid for a maximum period of 01 Year from the date specified
of execution, and extendable thereafter on year-to-year basis subject to
Training Provider/ Training Centre registration on SMART, if advised, and
subject to terms & conditions as may be provided from time to time.

(xxxvii) In addition to all the above mentioned clauses in this Memorandum of

Understanding (MOU) cum Service Level Agreement (SLA), the Training
provider (TP) agrees to abide by, and adhere to, all the provisions of the
particular scheme/program under which the TP intends to conduct training,
while being affiliated to SCPwD. The Training provider also agrees to ensure
that all it’s Training Centres (TC) that have been approved to conduct
trainings under the specific scheme/program, will continue to be in full
compliance with the scheme/program guidelines, in their individual
capacity.
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(xxxviii) In any case where the TP, or any of its approved Training Centre(s)
is/are found to have indulged in/ indulging in any unethical practices, the
Skill Council will be free to take suitable action against the TP-TCs, which
may include their suspension or blacklisting.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR RESPECTIVE

HANDS ON THE DAY MONTH & YEAR FIRST ABOVE WRITTEN

For Skill Council for Persons with Disability For TRAINING PROVIDER

(Authorized Signatory) Authorized Signatory)

Name: Name:

Designation: Designation:

Witness 1 Witness 2
Name Name

Date: Place: New Delhi