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Balaji   21 November 2019

Bond transfer between 2 government organisations

I am currently selected for the post of Trainee Controller on Fixed Term Contract in Air India Limited. I am asked to submit a Bank Guarantee for an amount of Rs. 50,000/- (Rupees Fifty Thousand Only) from a Nationalized Bank for a period of 05 years at the time of joining training. In case, I leave the Company or my Fixed Term Contract is terminated before completion of 05 years tenure of Fixed Term Contract, the said Bank Guarantee in whole will be invoked by the Company. This notification came on 1st week of September 2019. Exam was conducted on last week of September 2019. I got my offer letter this week. I have wrote 2 exams for Government job recruitment earlier. One exam was in April 2019 and another exam was in July 2019. The results of both the exams are pending. Suppose I get the results of those exams before my Fixed Term Contract ends and in case I get selected in any one of those exams, will my Bank Guarantee be invoked by Air India Limited? According to DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004, will I be eligible to transfer my Bank Guarantee from Air India Limited to another Government Organisation? Suppose if Air India Limited gets privatised and in case I get the results of those exams before my Fixed Term Contract ends and in case I get selected in any one of those exams, will my Bank Guarantee be invoked by Air India Limited? DPE Guidelines Link : https://dpe.gov.in/sites/default/files/Enforcement_of_bonds.pdf Air India Limited Job notification Link : https://ota.airindia.in/erecruitmenttraineecontroller/UploadAdv/Advertisement_Trainee%20Controller_Aug193_9_2019.pdf Read more at: https://www.lawyersclubindia.com/forum/Bond-transfer-between-2-government-organisations-read-more-205738.asp


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 1 Replies

G.L.N. Prasad (Retired employee.)     22 November 2019

Please do not post hypothetical questions assuming something in the future.

A Bank guarantee can not be transferred as it is not a negotiable instrument and it is indemnity.

However, if one company is willing, they may return original BG to you with such discharge letter, and you may have to obtain another guarantee in the name of a new employer through a fresh guarantee.


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