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MEMORANDUM OF UNDERSTANDING

THIS MEMORANDUM OF UNDERSTANDING (MoU) is signed at New Delhi on


17th August, 2010.

By

&

Between

Indira Gandhi National Open University hereinafter referred to as ‘IGNOU’, having its
headquarter office at Maidan Garhi, New Delhi-110068 represented through its
Registrar (Administration) which expression shall unless repugnant to the subject or
context mean and include its successors and assignees of the FIRST PART.

AND

THE Ministry of Personnel, Public Grievances and Pensions, Department of Personnel


and Training (Training Division) having its office at Block, IV, Old JNU Campus, New
Mehrauli Road, New Delhi-110067, hereinafter referred to as ‘DoPT’ represented by
the Joint Secretary, Training which expression shall unless repugnant to the subject or
context mean and include its successors and assignees of the SECOND PART.

Collectively referred to as parties.

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OBJECTIVES

Whereas

A. The Indira Gandhi National Open University is the National Resource Centre
for Open and Distance Learning and offers various academic programmes that
lead to Certificates, Diplomas and Degrees and develops courses for delivery
through the open learning and distance education mode and is also actively
involved in research, training and extension education activities.

B. DoPT is, inter alia, responsible for the formation and co-ordination of training
policies for the All India and Central Services, and sponsors training
programmes on a variety of subjects for different categories of Central and State
Employees with a view to increase efficiency at the work place and in the
delivery of services. And DoPT seeks to enhance the opportunities for self
learning of Central Government Employees (hereinafter referred to as
“employees”) in order to meet their diverse needs, provide flexibility in training
delivery and thereby improve the human resources of the Government.

C. IGNOU and DoPT have through this MoU come together to provide enhanced
opportunities for enabling flexible learning for a wide spectrum of Employees
through the varied distance learning courses offered by IGNOU under the
“Distance & E- Learning Programmes For Government Employees”
(hereinafter referred to as the “DELPGE” and given at Annex 1).

NOW THEREFORE THIS MoU WITNESSETH AS UNDER:

2. OBLIGATION OF DOPT

Activities to be Undertaken:-

The Parties hereby agree to undertake the following activities for Distance & E-
Learning Programmes For Government Employees (DELPGE).

A. DoPT will support the DELPGE under the overall policy objective of training for
all by:-
a) Reimbursing IGNOU for the course fees incurred by eligible employees who
successfully complete the courses as notified from time to time under this
Programme. For this purpose DoPT will place an amount of Rs. 20 Lakhs with
IGNOU as an initial grant to be adjusted against the reimbursements made by
IGNOU.
b) Creating awareness of the Programme among the eligible employees and the
faculty members of the Apex State Training Institutes so as to encourage
participation

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c) Referring those courses which it wishes to convert to distance learning courses
to IGNOU to examine the feasibility of doing so.
d) Undertaking consultation with different Ministries/Departments for
identification of the programmes to be covered under this MoU.

3. OBLIGATION OF IGNOU

A. IGNOU will support the Programme by:


a) Offering the programmes/modules/courses for eligible Employees as identified
jointly by DoPT and IGNOU from time to time.
b) Updating and review the list of programme/courses on offer as per
recommendations of DoPT.
c) Reviewing the course content on a regular basis as per the recommendations of
the Course Review Committee.
d) Ascertaining the feasibility of converting regular course offered by DoPT
through different Institutions into distance learning modules and referred to it
for this purpose
e) Following the procedure and conditions of the DELPGE under this MoU.
f) Enrolling 10 to 15 trainers nominated by DoPT for the PG diploma in distance
education. The DoPT shall reimburse the fee for these participants.

4. Joint Coordination Committee:

The DELPGE will be administered and coordinated by duly constituted Joint


Coordination Committee (JCC) with representatives from Training Division, DoPT and
IGNOU. The JCC shall be chaired by Vice Chancellor IGNOU and Co Chaired by
Joint Secretary, Training Division. JCC will determine specific responsibilities of both
the parties for effective implementation of this MoU.

5. Changes in “Distance & E-Learning Programmes For Government Employees”


(DELPGE) :

Both Parties agree that changes may be made to the DELPGE (Annex 1) by the DoPT
without requiring any modification of this MoU. IGNOU shall be consulted in case the
changes proposed relate to changes in procedure/conditions they are to follow or abide
by.

MoU between DoPT and IGNOU Page 3


6. No Partnership, Association, Trust or Joint Venture:

Nothing under this MoU shall be deemed to neither constitute or create an association,
trust, partnership or Joint Venture between the parties nor constitute any party the agent
of any other party for any purpose.

7. COPYRIGHT

The copyright for the study materials prepared by IGNOU (print, audio, video) shall be
held by IGNOU exclusively. DOPT will not make any use of the Study material
prepared under this project without the permission of IGNOU.

8. REPRESENTATION AND WARRANTY

The parties hereby represent and warrant to each other that:

a) they are duly established and existing under the laws of jurisdiction stated
against their name in this MOU and have the legal power and authority by
virtue of statute/resolution, to sign this MOU, perform and comply with
their duties and obligations under this MOU.

b) this MOU constitutes legal, valid and binding obligations enforceable


i) against them in accordance with the terms hereof; order or decree or
regulation of any court, Governmental instrumentality of functions; or
ii) any other documents or to the best of their knowledge any indenture,
contract or MOU to which they are a party or by which it may be bound;

c) there are no actions, suits, writs or proceedings pending, to the best of their
knowledge against them before any court, governmental instrumentality or
arbitral tribunal or quasi-judicial authority that restrain them from
performing their duties and obligations under this MOU; and

d) no representation or warranty made herein contains any untrue statement


based on the facts and circumstances.

9. FORCE MAJEURE

The parties to this MOU shall not be liable to each other for failure or delay in
the performance of any of its obligations under this MOU for the time and to the
extent such failure or delay is caused by riots, civil commotion, wars, hostilities
between nations, government laws, orders regulations, embargoes, actions by the
government(s) or any agency thereof, act of God, storms, fires, accidents,

MoU between DoPT and IGNOU Page 4


strikes, sabotages, explosions, or other similar or different contingencies beyond
the reasonable control of the respective parties to this MOU.

In the event that either party is, wholly or in part, prevented from or hindered in
carrying out or observing any of the terms or conditions of this MOU for any
cause set forth hereinabove, such party shall give written notice to the other
party by the most expeditious means as soon as possible after the occurrence of
the cause relied on, giving full particulars of the reason for such prevention or
hindrances, and the parties shall in good faith consult each other and take
necessary measures for the resolution of the affairs so prevented or hindered.

10. MATTERS NOT PROVIDED IN

If any doubt arises as to the interpretation of the provisions of this MOU or as to


matters not provided therein, parties to this MOU shall consult with each other
for each instance and resolve such doubts in good faith.

11. Dispute Resolution:

In case any dispute of any kind whatsoever arises between the parties in connection
with or arises out of this MoU, it will be resolved by mutual discussion. In case the
disputes are not resolved, only the regular Courts at Delhi/New Delhi will have
jurisdiction to adjudicate upon the matter.

i) Either party may terminate the MoU by providing the other parties with
three calendar months advance notice. Such termination shall take effect
at the end of the three-month period or the end of the programme in
progress for all students at that time, whichever shall occur later.

ii) However, either party shall be entitled to terminate this MoU


immediately and without further notice in the event of the other party
committing a material breach of the terms and conditions of this MoU,
and failing to remedy such breach within 60 (Sixty) days after receipt of
written notice calling upon such party to remedy the breach complained
of.

iii) The termination of this MoU, for whatever reason, will not affect the
rights of a party, which might have accrued at the date of termination and
will further not affect any rights, which specifically or by their nature
survive the termination of this MoU.

iv) However, in case of termination of this MoU for any reason, the
responsibility of each party shall continue up to completion of running
batches.

MoU between DoPT and IGNOU Page 5


12. Amendment, Validity, Termination:

No amendment/ modification/renewal or extension of this Memorandum shall be valid


unless it is jointly agreed by both the parties through the Joint Coordination Committee.
The Memorandum of Understanding is valid for a period of five years from the date of
signature subject to modification or termination before completion of five years on
mutual agreement by both the parties.

13. Renewal:

On completion of five years, the MoU may be renewed for such periods and on such
terms and conditions as may be mutually agreed upon by the parties to this MoU.

14. This MoU is executed in two counterparts each of which shall be deemed original
but shall together constitute one document only.

IN WITNESS WHEREOF the parties hereto have put their respective hands on the day,
month and year first above written.

For and on behalf of IGNOU For and on behalf of DOPT

Registrar (Administration) Joint Secretary (Training)


Indira Gandhi National Open University
Maidan Garhi For President of India
New Delhi-110068

Witness: Witness:

1. _______________________ 1. _______________________
_______________________ _______________________
_______________________ _______________________

2. _______________________ 2. _______________________
_______________________ _______________________
_______________________ _______________________

Annex 1

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Distance & E-Learning Programmes for Government Employees (DELPGE)

1. Purpose/Objective

The purpose of the Programme is to increase the availability and flexibility of


options open to employees for enhancing their knowledge and skills in order to
improve the functioning of Government organisations and the delivery of
services to the public.

2. Eligibility:

(i) The Programme is open to Central Government Employees (working in


Ministries/Departments/Attached offices) and the faculty members of State
Apex Training Institutions. The officers working under Public Sector
Undertakings are not eligible for the Programmes covered under this
Programme.

(ii) The specific conditions of eligibility of employees (including level of


employee and Ministries covered) for each module/course will be decided for
each course/module and notified from time to time by DoPT.

3. Types of Courses Offered under the Programme

The following category of courses are open for enrolment under this
programme:-

(i) Short-Duration Specialised modules:-


The specialised Modules are basically oriented to cater to the requirement of
Government employees in a specific domain.

(ii) Certificate Programmes:

(iii) Masters, PG and PG Diploma Programmes.

4. Notification of Courses/Programmes:-

The menu of courses/programmes on offer shall be reviewed annually by the


Committee headed by the Joint Secretary, Training, Department of Personnel and
Training with the members drawn from different Ministries.

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Besides recommending the programmes to be offered under this Programme, the
Committee shall also make recommendations on the eligibility of the employees of
different Ministries for the select courses.

5. Course review committee for upgrading the course material:-

(i) For certain Ministry specific courses, respective Nodal Ministry will be represented
in the Course review Committee of IGNOU. The committee may also co-opt the
following:-

(a) Representative of the nodal Ministry

(b) Director in-charge distance learning in DoPT

The Course Review Committee may meet from time to time to review the
course content based on the general feedback and make such recommendations
as deemed necessary.

6. Admission Procedure

(i) The employees concerned have to apply directly in response to the admission
notification of IGNOU subject to availability of funds.

(ii)The number of seats for Employees in each programme shall be limited to 50


and these will be offered on a first come first served basis.

7. Payment and Reimbursement of Fees

(i) The employees enrolling for the courses under this Programme will pay the
required course fees to IGNOU. The amount so paid shall be reimbursed to the
employee on his/her successful completion of the course by IGNOU.

(ii) Employees failing to complete the course in the specified time limits and/or
with the minimum qualifying grades prescribed by IGNOU shall not be eligible
for any reimbursement.

(iii) Reimbursement for the Masters programme is available to an employee


only once in his/her career.

(iv) The participants are eligible to enrol for only one programme at a time
under this Programme.

(v) An officer is eligible to claim reimbursement/refund for successful


completion of maximum of ten (10) numbers of Units in a block of five (5)
years. The equivalent units for each course/programme are listed in the Table
below:-

Sl. Catego Category / Type Equivale Maximum Units


No ry of Course / nt Units permissible in a
MoU between DoPT and IGNOU Page 8
. Programme Block of 5 Years
1 A • Certificate 2 Units
• Advance
Certificate
• PG Certificate 10 Units
2 B • Masters 8 Units (with different
3 C 4 Units combinations of
• PG Diploma
A, B, C and D)
• Advance
Diploma
• Diploma
4 D • Select/Specia 1 Unit
lised Module

(vi) While applying for the programme, the applicant shall enclose an
employment certificate as per prescribed Performa (Annex - A).

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Annex – A

To whomsoever it may concern

[Insert Photocopy of Employee’s ID Card Here]

*This is to certify that Mr./Ms./Mrs. ___________________________________________ is


holding the post of Assistant/Section Officer/Under Secretary/Deputy Secretary/Director/Joint
Secretary in [name of the office] and his present pay is ____________ .

*This is to certify that Mr./Ms./Mrs. ___________________________________________ is


holding the post of ……………………………. ……. in this Organisation/Office which is
equivalent to the post of Assistant/Section Officer/Under Secretary/Deputy
Secretary/Director/Joint Secretary in Government of India.

*Strike off whichever is not applicable

Place : _____________________ Signature : __________________


Date: ______________________ Name : _____________________
(in Block letters)
Designation : ________________( Not below the rank of Under Secretary
to the Government of India)
Name of Organisation/Office/ _____________________________
Full Postal Address
Official Email Address of the officer
Office/Mobile Telephone Number
(Seal/Stamp) _____________________________

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