District Administration Pulwama and __________________________________________________________________________
Memorandum of Understanding
This Memorandum of Understanding is made and executed at District, Pulwama of J&K (UT) on ………… day of June 2020, By and between
The Government of J&K, represented by ___________________________nominated by District Development Commissioner Pulwama (Hereinafter referred to as the “First Party “or “Government”)
(Name of the CSR Partner-Org./NGO/Trust/ Society along with its full address), registered under _________________________________ with Registration No. ___________________________________________, having its registered office at ______________________________________ in the ___________state of inida/UT of J&K represented by Mr.___________________ Name of the Person with Designation , (Hereinafter referred to as the ‘Second Party’ or CSR Partner-Org./NGO/Trust/ Society).
- Whereas the first party has the obligation of ensuring welfare of people, improving standard of living of all the domiciles and upliftment of weaker sections of society of the area as envisaged in Directive Principles of State Policy of Constitution of India.
- Whereas the first party provides various facilities to all the domiciles of the area and thus intends to collaborate with individuals, corporate bodies, societies, trusts and such other entities as are engaged in the implementation of quality welfare measures and providing primary, augmented and auxiliary facilities in all the sectors across the District.
Whereas the Second Party is working towards Human welfare in the Union Territory of Jammu and Kashmir and is now focusing on the need of improving the Economic services/facilities in the district by way of ________________________(name of project/facility) considering the unprecedented health and economic challenges that have come fore since the outbreak of Corona Virus.
In an effort to improve the Health facilities and to introduce augmented health care services in district Pulwama , Jammu and Kashmir subsequent to the outbreak of Covid-19, the first party and the Second Party have agreed in principle for the welfare of the people to work symbiotically to ensure provision of amenities by way of ________________________________________________ (name of project/facility) in the District.
- Scope of partnership
- The first party and Second Party will as and when required during the period of this Memorandum of Understanding, collaborate on such mutually agreed initiatives and programs that have potential to improve the Economic facilities in the district, in a systemic manner.
- The Second Party will source financial resources and budgets from (Parent Organization/donors) as mutually agreed from time to time for such initiatives.
- The Second Party will bring in necessary technical resources for capacity building to provide the necessary handholding to the stake holders for such initiatives as and when required.
- The designated officer shall on behalf of Government ensure that all necessary formalities and Government orders are issued in timely manner to provide adequate time and scope to Second Party to contribute and participate.
- Both parties will fulfill their respective roles and responsibilities as outlined in the subsequent sections of this Memorandum of Understanding
- The designated officer for the purpose will work in a synchronized manner with the Second Party, provide leadership and act as figurehead, resource allocator and Liaison officer to enable the district to derive optimum benefit and leverage from this partnership so that the motive of the affiliation is achieved. This is specifically mentioned to ensure that procedural delays, and such events do not slow down the planned schedule of activities under the partnership.
- Areas for joint initiatives
The Second Party has proposed to augment and assistant the district administration to effectively tackle the magnitude of challenges posed before the authorities due to the outbreak of COVID 19 and has taken up the following activities towards improving basic economic infrastructure in the district.
- Execution of Projects/Supply of Essential
The below detailed project shall be taken up by the Second Party under the supervision of the First Party. The execution project shall be initiated on _______________(date) and will be completed on ____________and handed over to First Party on ________________(date)
|Name of the Project||Specifications/details|
- Supply of Essential:
The below detailed essentials shall be provided by the Second Party and will be handed over to First Party on _______________(date)
|Name of the Item||Qty in No.s|
The committee of following officers under the Chairmanship of Deputy Commissioner Pulwama at the district level will ensure proper monitoring, implementation, awareness and optimal utilization of CSR funds received in the District from CSR Partners
- Deputy Commissioner/DDC, Pulwama. (Chairman).
- Additional District Development Commissioner (Member)
- Assistant Commissioner Development Pulwama. (Member)
- District Statistics, Evaluation & Monitoring Officer Pulwama. (Member secretary)
- Chief Planning Officer Pulwama. (Member)
- Commercial Taxation Officer Pulwama. (Member)
- Executive Engineer R&B Division Pulwama. (Member)
- District Treasury officer Pulwama. (Member)
Astt. Commissioner Revenue., Chief Edu. Officer, Chief Medical Officer, Distt. Social Welfare Officer, Programme Officer ICDS, Distt. Informatics Officer NIC & Astt. Labour Commissioner, Pulwama shall be the special invitees to the committee; apart from any other officer, as the committee deems fit, may be invited.
- Roles & Responsibilities:
- Top Management support and time:The Deputy Commissioner, Pulwama will chair a monthly review meeting of both parties. This will also help to ensure that necessary synergy between the two parties is ensured and in case of any underlying nonfunctional conflict or misunderstanding the same could be sorted out through smoothening.
- Logistical Support: The government through nominated Nodal officers will provide necessary logistic support for smooth execution of project.
- Feedback: Under this Memorandum of Understanding, the Government can take feedback of the quality of material utilized/supplied, public opinion and feed from experts for any kind of improvements for periodic reviewing .
- The CSR Partner- Org./NGO/VO/CSO :
- The CSR partner/ NGO/Org. etc Society will nominate nodal person/persons for the initiatives in the Memorandum of Understanding.
- Allocation of necessary resources:The Society will make available the financial resources for purchase of the items as depicted in tables No.1 to 03. No budget support would be provided by the government.
- Technology: The first party shall make use of technology through CCTV Cameras with proper back up for effective supervision and monitoring of the process.
- The second party shall accept and abide by norms of Government of Jammu and Kashmir and Government of India.
- Quality Norms: The party second shall ensure the supply of quality products as per the approved standards only. Supply of substandard items can have and detrimental effect on the overall objective and accordingly quality certification of products/ ingredients is critical.
- Documentation:The party second can utilize its resources to develop comprehensive documentation on all joint initiatives and programs. The party second can install a display board in the project vicinity or may publish media reports for the awareness purposes only
- FORCE MAJEURE:
Neither party shall be liable to the other in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of Force Majeure, namely circumstances beyond the reasonable control of either party which shall include (but shall not be limited to) acts of God, military authority, acts of the public enemy, war, riots, civil disturbances, insurrections, accidents, explosions, fires, earthquakes, floods, transportation embargoes, epidemics. However, if as a consequence of such cause, performance by a party under this Agreement shall be prevented for a period longer than one (1) month, then the other party shall have the right to terminate this Agreement. The terms of termination under this condition will be with no liabilities or penalties.
- GENERAL PROVISIONS:
Governing Law and jurisdiction : The parties hereby agree that this Agreement and all questions arising with it are governed by and will be construed according to the laws from time to time in force in India and the UT of Jammu and Kashmir and the parties irrevocably submit to the authority of the courts having jurisdiction in that state
- Severability: In the event of any of these terms, conditions or provisions of this Agreement shall be held to be invalid, unlawful or unenforceable to any extent, such term, condition, provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law and both parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision.
- Time Period of the MOU
The MoU will be valid till ______________(Date) from the date it is signed by both parties. It can be extended for another one year or it’s scope increased by mutual agreement. During the validity of the MoU, either party can terminate the agreement by giving two months’ notice. In the notice period, both parties will strive to bring the program to a smooth closure.
Both parties are expected to follow and complete their responsibilities as detailed above. Failure to complete it would be construed as non-compliance of accepted action, as the intended beneficiaries may lose out on the benefits. In the unlikely event of the Society not performing the committed obligations such as non-completion of work as per the agreed schedule under this Memorandum of Understanding and in such a manner as may be laid down, it shall be lawful for the Government to terminate the agreement and take over the incomplete work under “as is where is” condition without any liability on the Society after issue of notice not exceeding 30 days.
IN WITNESS WHEREOF THE PARTIES HERE UNTO HAVE SET THEIR RESPECTIVE HANDS AND SEALS ON THE DAY MONTH AND YEAR FIRST HEREIN BEFORE MENTIONED
|For GOVERNMENT OF Jammu and Kashmir
|3. For (CSR Partner- Org./NGO/ VO/CSO)
|Mr.___________________________, Designated Officer
(Designation), (Name CSR Partner- Org./NGO/VO/CSO)