• Transfer of bond from one central government department to another central government department

Is transfer of bond possible from one central government department to another central government department both recruiting through engineering services exam conducted by upsc?
Asked 6 years ago in Labour

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16 Answers

No the bond is not Transferable you have to provide a new bord to your new employer.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you have completed two years in service and you have not been given confirmation letter till the time you are working in the organisation you are still on probation normally the confirmation letter sir given very late and the bond period expires with the date of its expiry after 2 years in case you need to join any new organisation your previous bond is not applicable and you have to start your employment as a fresh employee and you have to provide Bond required by the organisation.

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Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

No it should not be enforceable as it is specific and subjective

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

In Central Govt Depart bond is not Transferable.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Enforcement/Transfer of Bond in PSU's

Government of India has has come out with the ciruclar regarding the Bond Enforcement in PSU Companies. As per the circular, if you change jobs within PSUs, within the stipulated bond periods, you are not supposed to pay the bond amount... the bond amount is just transffered from one employer to the other provided that the employers are PSUs. Details of the circular are as given below -

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)

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Bond executed by you was for only period of 2 years 

 

on expiry of bond period if you join another department  bond would not be enforceable 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

You don’t have to pay any damages 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

It depends on averments of your bond. Can't comment till I go through entire bond

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Yes, you are thinking in the right way because though bond is non-transferable document but in all way after 2 years you need not nothing to pay.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

A technical resignation is the solution to your problem wherein you can join the new organisation and your seniority and pay shall be protected.youbremajn in the service of the central government and you resign from your parent organization and move to the new one.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Hi, 

The complete advice can be given only after your description of complete case. In general, the transfer of bond is not done between the departments. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Client, 

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.

And after 2 years, bond seize to effect.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

  1. As per the information mentioned in the present query, makes it clear that the bond period was for only two years.
  2. And once the period is over, and you happen to join any other office then there will be no liability for damages or compensation on you to pay to the previous company.
  3. The main purpose of bond is to secure the presence for he time period specified in it, not beyond that.
  4. In fact, if you wish I can provide you some good case laws on this issue pertaining to support your case.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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