1.0 Preparation of Indemnity Requirements
Indemnity is
understood to mean guarantee against loss or damage (Kamus Dewan 1985). It is
an agreement whereby one party agrees to protect the other from experiencing expected losses or damage. For instance,a certain individual
agrees to hand over his business to another at a reduced price, provided the other party settles his debts and
other business obligations. In a
broader sense, the insurance policy is an indemnity contract. In addition,
indemnity can also refer to the
compensation that a tenant pays to the landlord for the damage to the landlords
house or its contents during his tenure. An example of indemnity is Bankers
indemnity.
i.
Conditions for reporting an
indemnity claim over a certain incident include:
a. Date and time of incident.
b. Date and time incident is witnessed /
realised.
c. Name( position) of
person who witnesses incident.
d. Date and time incident ends.
e. Action taken by insured party.
f. Action taken by a third party or the proper
authority.
g. Modus operandi of
criminal act if known
ii. Indicate measures undertaken to minimise loss and
the consequences of the mentioned incident.
iii. Record and current police report. Ensure accuracy
of report on incident and provide detailed information on loss.
iv. Bank profile and history include:
a. Type of service.
b. Location of ongoing
business.
c. Date of formation and category of bank.
d. Products and and services offered by bank
branches.
e. Details and background of promoter and
business partner.
f. Movement of profit
and net worth.
g. Latest auditors annual report on
accounts.
h. Background and
profile of the bank branch concerned.
i.
Number of staff in the branch.
v.
The process of monitoring and recording and accounts related to
incident.
vi.
Newspaper cuttings, if incident is reported
vii.
Information on any other insurance.
viii.
Completed insurance claim form.
ix.
Detailed financial claim or statement of loss
with supporting document. Depending on nature of loss, the document should
contain:
a. Information on relevant internal control
system.
b.
Certified cash book extract.
c.
Day ledger
or transaction logs.
d.
Cash details.
e. Issued cheques and
cash receipts.
f. Voucher.
g. Safety / security
information.
h. Name of company.
i. Portfolio number.
j.
Copy of
invoice.
k.
Inspection report.
Below
Are Some Samples Of Indemnity
Sample 1:
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MARINE
ENVIRONMENTAL EDUCATION TRUST INDEMNITY FORM
I, the undersigned______________________________________________________ the
legal Guardian of ______________________________________________________ hereby indemnify
The MARINE ENVIRONMENTAL EDUCATION TRUST
for any damages that may be suffered my him/her
arising out of his/her participation in a camp at the SOETWATER CARAVAN PARK
howsoever arising including any damage suffered by him/her or any damage to
his/her possessions whether caused by a representative
of MARINE ENVIRONMENTAL EDUCATION TRUST or any third party.
DATED AT
________________________ ON
THIS ______________ OF _______2003
1. _______________________ Witness
2. _______________________ Witness
PARENT _______________________
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Sample 2:
Powered Parachute Pilots
Licence
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Trainee Pilot Information School Information
Surname First Names Name of School Chief Instructor
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Date of Birth
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Date of enrolment at the school
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Home Address
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Address of school
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Tel: Home Tel: Work Tel: School Tel: Instructor
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Indemnity
I,_________________________________ , the undersigned being an applicant to attend the Powered Parachute training course, do hereby place on record
that I will participate in all
activities at my own risk and being aware of all the hazards involved in
flying, do hereby for myself, my
heirs, executors and assigns, indemnify and hold The School, Instructors, SAHPA and/or its members, harmless
against all claims for damages at the instance
of myself and/or any members of my family, for any loss or injury sustained by me as a result of anything done or omitted by the
said Instructor and/or members and/or its
servants and/or its agents, up to and including my date of application for the
course and/or during the period of the
course.
Signed :
_______________________________________________________________________
Full Name :
________________________________________________________________
Dated at :___________
on this _______day of _____ 20 ______
Witness Signed :
________________________________________________________________
Full Name of Witness
: _______________________________________________________________
Assisted by:
_____________________________________________________________________
1.2 Implementation of Rules And Regulations
When a instructor is given the responsibility to train or instruct
a group of trainees, he must obey all rules and regulations that have been
fixed. As such, his first step is to know and understand the rules and
regulations concerned. Following that, the instructor has to administer and
implement them. The following are some
examples:
i.
Attendance
In Malaysia it is customary for a class to
start at 9.00 a.m in the morning and end at 5.00 p.m.
a. On Fridays, during afternoon break Muslim
males, instructor and trainees to attend Friday prayers.
b. Trainees are expected to attend class and be
on time.
c. Trainees are not allowed to go on leave
without prior permission of the management.
d. In case a trainee falls sick, the management
must immediately be informed and the doctor’s medical certificate as well as
parent’s or guardian’s application for his leave must be attached.
e. A student who is suffering from an
infectious disease will not be allowed to attend class. The management or the
principal should be informed of the matter.
f. If a trainee has been absent for fifteen
consecutive days without permission, he can be removed from class. Admission
fee will be charged on him if he asks to be re-admitted.
g. Most educational institutions make 80 %
attendance a compulsory regulation.
h.
Those who
have not acquired 80 % attendance will be barred from sitting the final
exam.
ii.
Discipline
a. Discipline is the basis of any training
process, whether in teacher training or any other profession. During the
training period, the trainee is able to develop self control, that is, control
of emotions that will enable him to live in harmony with others and respect the
laws of the country.
b. Trainees must be courteous and respect their
instructors, elders and others who deserve to be respected.
c. Trainees are not allowed to hold meetings,
collect money for any activity, circulate notices or put up posters without
permission from the institution’s management.
d. Every individual is required to use the institutions
properties with care and ensure the
cleanliness of its buildings and equipments.
e. Discourteous behavior and disrespect towards members of other
institutions, in whatever forms will be regarded as serious. Trainees found
involved in such behavior will be expelled.
f. Trainees are advised not to bring in a lot of money and valuables.
The institution will not be held responsible for the loss of such items.
g. Any damage to the
institution’s properties must be reported immediately to the management for
repairs.
h. Meetings, parties,
excursions or various activities are not allowed without permission from the
management.
i.
The principal or head of the institution has
the right to suspend or expel students whose behaviour is found to be
unsatisfactory.
j.
Trainees are not allowed to be involved in
politics.
iii.
Trainee fees
Trainee fees must be
paid, and on time:
a. Tuition fees.
b. Library fees.
iv.
Trainee identity card (ID)
a. Every trainee must have an ID issued by the
institution.
b. The trainee is required to carry the ID with him at all times.
c. The management has the right not to allow
the trainee entry into the institution without his ID.
d. Trainees ID must be shown when borrowing
books at the library.
v.
Cooperation of parents or guardian
a.
Parents or guardians are expected to co-operate
with the authority to enforce discipline or carry out the institution’s
activities.
b.
Any complaints from parents or guardians regarding
staff or administation of the institution must be brought to the attention of
the manager or head of the institution and not to the staff concerned.
c.
Parents or guadians are not allowed to visit trainees during class time.
Any emergencies must be reported to the manager.
d.
The management, principal or staff will not be held responsible for any
accident or misfortune that might befall the trainee, within the institution’s
compound or when taking trainees to and from the institution to their homes or
the hostel by bus.
e.
By handing over trainees to the institution , it
is understood that parents or guardians agree to adhere to the rules and
regulations of the institution. They must also ensure that their children
observe the rules and regulations of their place of study.
f.
Parents or guardians are required to inform the
management of any change in their address or phone numbers.
vi.
Expulsion of trainee
Unsatisfactory
class attendance, not adhering to rules or going against the institution’s
authority, misconduct during exams or bringing disrepute to the instition’s
good name, will cause the trainee to be expelled from the institution where he
is studying.
vii.
Amendment of rules
The
manager has the authority to introduce changes to rules and regulations where
necessary , and expand the goals and objectives of the institution.
viii.
Assessment/ Evaluation
a.
Assessment
is carried out when trainees are ready to be evaluated.
b. Assessment is carried
out after the completion each module.
1.3 Administer
Work Place Security and Health
Every educational institution is required to
provide a clean and safe premise and learning environment. A department is set
up to monitor and increase the security and health at the workplace or learning
center. Among the duties of the institution’s 'manager are as below:
i.
Prepare a
risk forecast based on a method used to improve the condition at workplace
according to priority.
ii.
Develop a
security and health documentation system for revision purposes.
iii.
Construct a
long-time goal for security and health.
iv.
Submit a yearly report on security to top-level management.
v.
Promote a
security and health program by using posters, flyers and other similar forms of
promotion.
In order to carry out the functions of the department effectively,
a committee is formed to administer the task of monitoring and improving
security and health at workplace or at the training center, as below:
i.
Revise the existing security and safety policies and procedures.
ii.
Define the
yearly goals.
iii.
Revise
incidents that involve injury at workplace, sickness or near accidents.
iv.
Revise reports on security and health problems.
v.
Analyse records on accidents at workplace and sickness.
vi.
Carry out inspection at work site at least
once a year and act on any report involving security and health.
vii.
Conduct interviews with the staff who are
involved in workplace inspection.
viii.
Study record on training to ensure that it corresponds with the
conditions of training that have already been decided on.
ix.
Conduct a meeting once every three months. Ensure that minutes of
meetings are submitted to committee
members.
x.
During visits to worksite, a committee
representative will accompany the representative from agencies such as the
insurance department and the department of environmental management
xi.
Submit suggestions on behalf of the committee
to the high level management of the institution.
Other security
aspects which must be given attention are as follows:
i.
Attendance in public
Staff
of institutions are not allowed to be involved in any form of public activity
without written permission of the principal or the management. Among the
activities in question are:
a. Appearing on televison
or in radio broadcast.
b. Interviewed in
newspaper, magazine etc.
c. Accompanying in visits or unapproved
activities.
d. Escorting or attending a private
gathering which involves students, in public.
ii.
Confidentiality
The instructor has to use his discretion
when discussing matters related to the institution, trainee behaviour or
achievement. Staff of the institution are forbidden from imparting personal
information of any trainee except for court proceedings.
iii.
Visits and field work
a. Obtain approval of the JPK.
b. Obtain approval from
management for any field work.
QUESTION
a.
Indemnity means.
b.
In the context of trainee or student of an
institution, state briefly the content of the agreement which indicates the
element of indemnity.
c.
In the context of tenant and landlord, state
briefly the content of the agreement which indicates the element of indemnity.
REFERENCES
1.
Brunson, H. , Administration and Responsibility, 2002
2.
Esah Sulaiman, Pengenalan Pedagogi , Penerbit UTM, 2004
3.
Levin, Allyn and Bacon, Principles of Classroom Management, 2000
5. Padamsey, P Shah, Typical Claim
Requirements , 2004.-.http://www.padamsey P.Shah.com/banker indemnity rq.htm
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