HEMACHALGRAMIN BANK

NOTIFICATION

Mandi, the 1st February. 2001

Himachal Gramin Bank (Officers and Employees) Service Regulations

H.G.B./HO/STF-2001.—In exercise of powers conferred by Section 30 of the Regional Rural Banks Act. 1976 (21

of 1976 ) the Board of Directors of Himachal Gramin Bank after consultation with the Punjab National Bank being the

(Sponsor bank) and the National Bank for Agriculture and Rural Development and with the previous sanction of the Central

Government hereby makes the following regulations namely;

Himachal Gramin Bunk (Officers & Employees) Service Regulations, 2001

CHAPTER-I

PRELIMINARY

1. Short title, commencement and application

(i) These regulations may be called Himachal Gramin Bank (Officers & Employees) Service Regulations. 2001.

(ii) These regulations shall come into force on the date of their publication in the Official Gazette.

(iii) They shall apply to every officer and employee of the Bank.

Provided that they shall not apply, except as otherwise provided in these regulations or to such extent as may be

specifically or generally specified by the Board to :

(a) a person employed temporarily on daily wages or to such person engaged on contract

(b) a person on deputation from Sponsor Bank or the Central Government or the State Government or any other

organisation.

2. Difinitions

In these regulations, unless there is anything repugnant to the subject or context —

(a) "'Act" means the Regional Rural Banks Act.1976 (21 of 1976):

(b) "Appointed date" means the first day of September 1987:

(d) "Area Manager" means an officer holding the charge of Area Office for the time being,

(e) "Bank" means the Himachal Gramin Bank established under Sub-Section( 1) of Section 3 of the Act;

(f) "Board" means the Board of Directors of the Bank.

(g) " Branch Manager" means an officer holding charge of a branch for the time being.

(h) "Calendar Year" means the period commencing from the 1st day of January of an year and ending with

31 st day of December of such year,

(i) "Competent Authority" means the Chairman in the case of Officers and the officer designated by the

Chairman in the case of employees.

(j) "duty" includes

(a) service as a probationer;

(b) period during which an officer or employee is on joining time;

(d) period spent on training while in service.

(k) "emoluments" menas the aggregate of salary and allowances, if any;

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[PART III—SEC. 4]

(1) "employee" means a person appointed to any of the posts specified in Regulations (a)(2) and (3), and

includes such employees whose services are temporarily lent to other organisations.

(m) "family" means and includes the spouse of the officer or employee (if the spouse is also not the officer or

employee of the bank) and children, parents, brothers and sisters of the officer or employee wholly depen-

dent on the officer or employee but shall not include a legally separated spouse:

(n) "Officer" means a person appointed to any of the posts specified in Regulation 3(a)( 1).

(0) "Pay" means basis pay drawn per month by the officer or employee in a pay scale including stagnation

increments and any part of the emoluments which may specifically be classified as pay under these

Regulations'

(p) "Salary" means the aggregate of pay and dearness allowance-

(q) " Sponsor Bank" means the Punjab National Bank; and

(r) "Senior Manager" means an officer not below the rank of officer in Scale II holding charge of a department

in Head Office.

CHAPTER-II

CLASSIFICATION OF OFFICERS AND EMPLOYEES. APPOINTMENT. PROBATION AND TERMINATION OF

SERVICE

3. Classification of Officers and employees

(a) The Officers and employees of the Bank shall be classified as follows

(1) Group A-Officer Cadre

(I) Scale I

(u) Scale II

(m) Scale 111

w ith designation in relation to any of the scales

(I) Officer

(u) Branch Manager

(m) Area Manager

(i\) Senior Manager

and such other scales or designations as may be specified by the Board from time to time with the approval

oflnc Central Government

(2) Group B-Clcncal cadre

Clerical Staff, namely Clcrk-cum-Cashier. Clerk-cum-typist Stenographer and such other categories as may

be specified by the Board from time to time with the pnor approval of the Central Government

(3) Group C-Subordinate cadre

Subordinate staff namely Messenger. Messenger-cum-swceper.Dnvcr. Drivcr-cum-Messenger. Part-time

Mcsscnger-cum-Sweepcr, Security Guard and such other categories as may be specified by the Board from

Lime to time with the pnor approval of the Central Government,

(b) NoLhing in this Regulation shall be construed as requiring the Bank to have at all times all cadres or categories

of Ihc officers or employees serving the Bank

4. Temporary employees

Notwithstanding anything to the contrary contained in these Regulations, the Chairman may subject to such

general or specific instructions as may be issued by the Board from time to time engage persons in Clerical Cadre and/or

subordinate Cadre on adhoc and/or temporary basis for a period not exceeding 60 days in a yearto-mc_et any exceptional

need or circumstance.

Provided that such appointments on adhoc and/or temporary basis shall be made in consultation with the Sponsor

Bank

5. Ap|M)inttncnt in the Bank's Service

(1) The Chairman shall be the Appointing Authority in respect of Officers The General Manager shall be the

Appointing Authority m respect of employees.

Provided that if there is no incumbent in the post of General Manager, the Chairman shall be the Appointing

Authority in respect of employees also.

(2) All appointments in the Bank shall be made in accordance with the rules framed by the Central Go^ eminent in

terms of Section 29 of the Act save as provided in Regulation 4.

(3) Every officer or employee on his first appointment in the service of the Bank, shall be required to produce a

certificate of fitness by the medical authority as may be prescribed or recognised by the Bank.

(4) (i) Disqualification—No person,

(a)

who has entered into or contracted a marriage with a person having a spouse living

(b)

who having a spouse living have entered i nto or contracted a marriage with any person shall be eligible

for appointment to the said post.

Provided that the Appointing Authority may if satisfied that such marriage is permissible under the personal law

applicable to such person and the other party to the marriage and that there are other grounds for so doing exempt from the

operation of this Rule.

(ii)

Declaration

Every officer or employee on his first appointment in the service of the Bank shall furnish a declaration about his

marital status as per Schedule II.

6. Scales of Pay and Allowances

The scales of pay, allowances and increments of an officer or employee appointed to a post in any of the Groups

referred to in Regulation 3. shall be such as may be determined by the Central Government from time to time under Sub-

Scction (1) of Section 17 of the Act

7. Commencement of Service

Service of a person appointed in the Bank shall commence on the working day on which he reports for duty on a

post in accordance with the terms and conditions of the offer of appointment made to him.

Provided that in the event of his joining in the afternoon of such working day. he shall not be entitled to draw pay

and allowances for that day

8. Probation

(i) An officer directly appointed in Scale T shall be on probation for a period of two > ears, which shall be

extendable by the Appointing Authority for a period not exceeding one year

(ii) An employee promoted to a post in Scale I of Officer Cadre shall be on probation for a period of one year

Avhich shall be extendable by the Appointing Authority a period not exceeding six months

(in) An Officer promoted in higher scale shall be on probation for a period of one year w Inch shall be extendable

by the Appointing Authority for a period not exceeding si\ months.

(IV) (a)

An employee directly appointed in Clerical or Subordinate Cadre shall be on probation for a period of

one year which shall be extendable by the appointing Authority for a period not exceeding si\ months

(b) An employee in subordinate Cadre promoted to a post in Clerical cadre shall be on probation for a

period of six months which shall be extendable by the Appointing Authority for a period not exceed-

ing three months.

315 GI/2001—A

THE GAZETTE OF INDIA: EXTRAORDINARY

| PART III—SFC 4|

(v) Probation period in case ot an otticer or employee shall be liable to be extended within the permissible limits

to the extent of extraordinary' leave availed of by him or if in the opinion of Appointing Authority his

performance was dissatisfactory during such period.

Confirmation

(i) An Officer or employee shall be confirmed in Ihc Bank's service if in the opinion of the Appointing Auithority.

the officer or employee has satisfactorily completed his probation,

(ii) Where during the period of probation, including the period of extension of probation, if any, the Appointing

Authority is of the opinion that the officer or employee is not fit for confirmation in Ihe said post.

(a) In the case of a directly appointed officer or employee his services may be terminated after giving one

month's notice or pay in lieu thereof.

(b) In the case of an officer or employee promoted from the Bank's service he may be reverted to the post from

which he was promoted.

10.

Termination of Service by Notice

(l)(a) No Officer or employee shall leave or discontinue his service in the Bank without first giving notice in

writing to the Appointing Authority of his intention to leave or discontinue his service or resign

(b) The period of notice required shall be:—

(i) Three months in the case of an officer

(ii) One month in the case of an employee

compensation, a sum equal to his pay for the period of notice required of him.

(2) Notwithstanding anything to the contrary contained in Sub-Regulation (1) ah officer of employee against

whom disciplinary proceedings are pending, shall not leave, discontinue or resign from his service in the Bank without the

prior approval in writing of the Appointing Authority and any notice of resignation given by such officer or employee

before or during the disciplinary proceedings shall not take effect unless it is accepted by the Comptent Authority.

Explanation:

Disciplinary proceedings shall be deemed to be pending against an officer or employee for the purpose of this

Regulation if he has been placed under suspension or any notice has been issued to him to show cause wh> disciplinary

proceedings should not be instituted against him until final orders are passed by the Competent Authority

11. Superannuation and Retirement

(1) (i) An Officer or employee shall retire on completion of 60 years of age,

Provided that the Chairman may at his discretion, on recommendation by the Special Review Committee as

provided hereinafter in Sub-Regulation (2) retire an officer or employee at any time after completion of the 55 years of age

or after the completion of 30 years of the total service in the Bank, whichever is earlier.

Provided further that no officer or employee shall be retired under this Sub-Regulation unless notice in writing has

been served on him atleast three months in case of an officer and one month in case of an employee in advance or an amount

equivalent to three months pay in case of an officer and one months pay in case of an employee shall be given to such

officer or employee in lieu thereof,

Provided also that an officer or employee aggrieved by Ihc order of the Chairman, as provided in Sub-Regulation

(2). may within one month of the passing of the order give in w riling a representation lo the Board against the decision of

ihc Chairman and on receipt of such representation the Board shall take a decision within a period of three months. Where

Ihc Board decides that the order passed by the Chairman is not justified, the concerned officer or employee shall be

reinstated as iflhe Chairman had not passed the order.

(2) The Chairman shall constitute a Special Review Committee consisting of not less than three members of the

Board to review whether an officer or employee should be retired in accordance with the Sub-Regulation (1). Such Commit-

tee, shall, from time to time, review the case of each of such officers or employes and make recommendation to the

Chairman,

Explanation :

For the purpose of this Regulation the officer or employee whose dote of birth is first day of month will retire on superan-

nuation on the last day of the previous month on which he completes the age of superannuation, .The Officer or employee

who attains the age of superannuation on a day other than the first day during a calender month shall retire on the last day

of that month.

CHAPTER-III

12-

Record of Service

A record of service shall be maintained by the Bank in respect of each officer or employee at such place or places

and, shall be kept in such form and shall contain such information as may be specified from time to time by the Bank.

13. Seniority

(i) The Bank shall maintain separate seniority lists for each cadre of officer or employee and category-wise seniority

lists within a Cadre, subject to the provisions of Sub-Regulations (3), (4), (5) and (6) and such instructions and

guidelines as may be issued by the Board from time to time.

(ii) The seniority lists shall be reviewed and updated at such intervals as may be decided by the bank and circulated

amongst tho officers or employees as the case may be.

(iii) (a) The seniority of a promotee officer or employee in a cadre or scale shall be reckoned with reference to the date

of his appointment in that cadre or scale.

(b) Where there are two or more promotee officers or employees of the same length of service in that cadre or

scale, there intcr-se seniority shall be reckoned with reference to their seniority in the immediately preceding cadre

or scale.

preceding cadre or soalc, their seniority shall be determined with reference to their seniority in the immediately

preceding cadre or scale, as the case may be.

(iv) The int(?r-^ seniority of the erstwhile Field Officers or Accountants vis-a-vis the BranclTManagcrs who were in

{he service of the Bank on the date on which the revised pay scales circulated by the Ministry of Finance,

Department of Economic Affairs, Banking Division, New Delhi letter No. F.2 /17/79-RRB dated the 29 April,198() are

adopted by the Bank, may be so reckoned that all erstwhile Field Officers and/or Accountants rank junior to all the

then existing Branch Managers :

Provided that the inter-sc seniority of officers or employees amongst themselves within a cadre or scale as existing

immediately prior to the Government letter No. ll-3/9()-RRB(I) dated 22 February, 1991 shall remain the same.

(v) The inicr-se seniority of officers or employees directly recruited in a batch to any cadre or scale shall be reckoned

with reference to the rank allotted to them at the lime of their selection:

Provided that if officers or employees recruited under the general or reserved categories arc allotted to the Bank,

ihc inler.se seniority amongst the candidates so allotted who joined on the same date shall be determined in

accordance with the marks obtained by such candidates without adding notional marks for the reserved category.

H. Promotion

All promotions shall be made at the discretion of the Bank and no officer or employee shall claim as a matter of right

(o be promoted to any post or cadre.

Provided that promotions orofficcrs or employees in the Bank shall be made in accordance with the rules framed

b> the Central Government in terms of Section 29 of the Act.

is. Rc\t>r»<lftn

An Officer or employee who has been appointed to officiate in a higher cadre or scale or where confirmation in a

higher cadre or scale is subject to the undergoing probation for any specific period or otherwise, shall be liable to be

reverted without notice at any time where he is so officiating or undergoing probation.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART III—SEC. 4]

CHAPlfcK-lV

CONDUCT, DISCIPLINE AND APPEALS

16. Scope of an officer's or employee's service

Every officer or employee shall be a whole time officer or employee of the Bank and shall be at the disposal of the

Bank, and he shall serve the Bank in its business in such capacity and at such place as he may. from time to time, be directed

by any person or persons under whose jurisdiction, superintendence or control he may, for the time being, be placed

17. Liability to abide by the regulations and orders

Even' officer or employee of the Bank shall conform to and abide by these Regulations, and shall also observe,

comply with and obey all orders and directions which may, from time to time, be given to him by any person or persons

under whose jurisdiction, superintendence or control he may, for the time being, be placed.

18. Obligation to maintain secrecy

Every officer or employee shall maintain the strict secrecy regarding the Bank's affairs of its constituents and shall

not di\ ulge directly or indirectly, any information of a confidential nature either to a member of the public or to the Bank's

staff, unless compelled to do so by judicial or other authority or unless instructed to do so by a superior Officer in the

discharge of his duties. To signify this every staff shall subscribe to a declaration in Schedule No. 1.

19. Obligation to Promote the Bank's interest

Every officer or employee shall serve the Bank honestly and faithfully, and shall use his utmost endeavour to

promote the interests of the Bank and shall show courtesy and attention in all transactions and dealings with officers of

Government, the Bank's constituents and customers.

20. Contribution to Press, Radio etc

No officer or employee shall contribute to the press or radio or television etc.. any thing relating to the affairs of the

Bank without the prior sanction of the Competent Authority or without such sanction make public or publish any docu-

ment, paper, or information which may come into his possession in his official capacity.

21. Officer or employee not to seek outside employment or business or to promote family business

No officer or employee shall accept, solicit or seek any outside activity, employment or office whether stipendary

or honorary without the previous sanction of the competent authority :

Prov ided that an officer or employee may, without such sanction, undertake honorary work of a social or charitable

nature or occasional work of a literary, artistic, scientific, professional, cultural educational, religious or social character,

subject to the condition that his official duties do not thereby suffer.

Provided further that he shall not undertake or shall discontinue such work if so directed by the Competent

Authority.

i'xplanaiwn •

(i) Even- officer or employee shall report to the Bank if any member of his family is engaged in a trade or business or

owns or manages insurance agency or commission agency,

(ii) Canvassing by an officer or employee in support of the business of insurance agency or commission agency,

owned or managed by a member of his family shall be deemed to be a breach of this Sub-Regulation.

(lii) No officer or employee shall without the previous sanction of the Bank except in the discharge of his official

dunes take part in the registration, promotion or management of any bank or other company which is required to

be registered under the Companies Act. 1956 (1 of 1956) or any other law for the time being in force or any

cooperative society for commercial purposes :

Prov ided that an officer or an employee may take part in registration, promotion or management of a cooperative

socielv registered under the Cooperative Societies Act. 1912 (2 of 1912) or any other law from the time being in

force'or of a literary, scientific or charitable society registered under the Societies Registration Act. 1860

(21 of 1S60) or any corresponding law in force.

(IN ) No officer or employee shall accept any fee for any work done by him for any public body or any private person

w ithout the sanction of the Competent Authority.

22. Officer or employee not be absent from duty without permission or be late in attendance

(0 An officer or employee shall not absent himself from his duties without having obtained the permission of the

Competent Authority, nor shall be absent himself in case of sickness or accident without submitting a proper

medical certificate.

(ii) An Officer or employee who absents himself from duty without leave or overstays his leave, shall not be entitled

to draw any pay and allowances for the period of such absence or ovcrstayal. and shall be liable to such disciplin-

ary measure as the Competent Authority may impose.

Provided that the Competent Authority may condone such absence or overstayal if he is satisfied that the Officer

or Employee has remained absent or overstayed his leave under circumstances beyond his control and direct that such

absence or ovcrstayal be regularised by admissible leave.

23. Absence from station.

An officer or employee shall not absent himself from his headquarters overnight without obtaining previous

sanction from the Chairman, if he holds the charge of a Branch or the Officer-in-Charge or Branch Manager, in other cases.

24. Prohibition to accept gifts and dowry

(i) An Officer or employee shall not solicit or accept or permit any member of his family or any other person acting

on his behalf to accept any gift from a constituent of the Bank or from any subordinate officer or employee.

(ii) No officer or employee shall.

(a) give or take or abet the giving or taking of dowry

(b) demand directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be. any

dowry.

Explanation •

For ihc purpose of this Regulation, dowry has the same meaning as in the Dowry Prohibition Act. 1961 (28 of 1961)

2?. Speculation in stocks, shares, etc

An Officer or employee shall not speculate in stocks, shares, securities of any institution or commodities of any

description:

Provided that nothing in this Regulation shall be deemed to prohibit an officer or employee from making a bonafidc

investment of his own funds in such manner as he may wish.

Explanation .

Frequent purchase or sale of stocks, shares or securities of any institution or commodities of any description shall

be deemed to be speculation for the purpose of this Regulation.

26. Restrictions on lending* borrowings and investments

(1) No officer or employee shall, in his individual capacity:

(i) borrow or permit any member of his family to borrow or otherwise place himsel f or a member of his family

under a pecuniary obligation to a broker or a money lender or a subordinate officer or employee of any

person, association of persons, firms, company or institution whether incorporated or not having dealings

with the Bank.

(II) buy or sell slocks, shares or securities of any description without funds to meet the full cost in the case of

a purchase of scrips or delivery in the case of a sale.

(ni) incur a debt at a race meeting.

(iv) lend money in private capacity to a constituent of the Bank or have personal dealings with such constituent

in the purchase or sale of bills of exchange. Government paper or any other securities and

(v) Guarantee in private capacity the pecuniary obligations of another person or agree to indemnify in such

capacity another person from loss except with the previous permission of the Competent Authority :

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART III—SEC. 4]

Provided that an officer or employee may give to or accept from a relative or personal friend a purely temporary

loan of a small amount free of interest or operate a credit account with a bona fide tradesman or make an advance of pay to

his private employee:

Provided further that an officer or employee may obtain a loan from a cooperative credit society of which he is a

member or stand as surety in respect of a loan taken by another member from a cooperative credit society of which he is a

member:

(2) An Officer or employee shall so manage his private affairs to avoid insolvency or habitual indebtedness An

officer or employee who is in debt shall furnish to the Competent Authority a signed statement of his position half yearly

on the 30th June and 31 December and shall indicate in the statement the steps he is taking to rectify his position. An officer

or employee who makes a false statement under this Rule or who fails to submit the prescribed statement or appears unable

to liquidate his debts within a reasonable time or applies for the protection of an insolvency court shall be liable to

dismissal.

Explanation 1 : For the purpose of this Rule an officer or employee shall be deemed to be in debt if his total

liabilities, exclusive of those which are fully secured, exceed his substantive pay for twelve months.

Explanation 2 ; An officer or employee shall be deemed to be unable to liquidate his debts within a reasonable

time if it appears, having regard to his personal resources and unavoidable current expenses, that he will not cease to be in

debt within a period of two years.

27. Movable, immovable and valuable properly

(1) Every officer on his first appointment shall submit a return of his assets and liabilities giving full particulars

regarding.

(a) the immovable property, inherited by him or owned or acquired by him or held by him on lease or mortgage, either

in his name or in the name of any member of his family;

(b) shares, debentures and cash including bank deposits inherited by him or similarly owned or acquired or held by

him;

(d) debts and other liabilities incurred by him directly or indirectly:

Provided that in fhe cj»se of an officer who is already in service in the Bank on the date these Regulations come into

force, shall submit a return in terms of this Regulation within three months of coming into force of these Regulations, the

return being with reference to the assets and liabilities as enumerated above, of the officer on the date of these Regulations

come into force.

(2) Every officer shall submit a return of the immovable/movable property to the Bank as on 31st March of each

\ car before 30th April of that year.

(3) No officer shall except with the P™r intimation to the Competent Authority acquire or dispose of any immov-

able property by lease, mortgage, purchase, sale, gift or otherwise cither in his own name or in the name of any member of

his family:

Provided that the previous sanction of the Competent Authority shall be obtained by the officer if any such

transactions is:

(a) with a person having official dealings with the officer

(b) otherwise than through a regular or reputed dealer

(4) Even' officer shall report to the Competent Authority every transaction concerning moi able property owned

or held by him cither in his name or in the name of a member of his family if the value of such property exceeds Rs. 10.000:

Provided that the previous sanction of the competent Authority' shall be obtained if any such transaction is;

(a) with a person having official dealings with the officer

(b) otherwise than through a regular or reputed dealer

(5) Notwithstanding anything contained in the forgoing Sub-regulation the Competent Authority may at any time,

by general or special order require an officer or employee to furnish within a period to be specified in the order a full and

complete statement of such movable or immovable property held or acquired by him or on his behalf or by any member of

his family as may be specified in the order and siich statement, if so required by the bank, include the details of the means

by which or the sources from which such property was acquired.

28. Restrictions regarding marriage

(1 )(i) No officer or employee shall enter into or contract, a marriage with a person having a spouse living,

(ii) No officer or employee, having a spouse living, shall enter into or contract, a marriage with any person.

Provided that the Competent Authority may permit an officer or employee to enter into or contract, any such

marriage as referred to in clause (i) or clause (ii) if it is satisfied that:

(a) Such marriage is permissible under the personal law applicable to such officer or employee and the other

parly to the marriage; and

(b) there arc other grounds for so doing.

(2) An officer or employee who has married or marries, a person other than of Indian nationality shall forthwith

intimate the fact to the Bank.

29. Officer or employee arrested for debt or on a criminal charge

(1) An officer or employee who is arrested for debt or on a criminal charge or is detained in pursuance of any

process of law, may, if so directed by the Competent Authrity, be treated as being or having been under suspension from

the dale of his arrest, or as the case may be, of his detention, upto such date or during such period as the Competent

Authority may direct:

Provided that in respect of the period in regard to which he is so treated he shall be paid subsistence allowance as

specified in Regulation 44

(2) Any payment made to an officer or employee under Sub' Regulation (1) shall be subject to adjustment of his pay

and allowances which shall be made according to the circumstances of the case and in the light of the decision as to whether

such period is to be accounted for as a period of duty or leave.

Provided that full pay and allowances shall be admissible only if the officer or employee

(a) is treated as on duty during such period, and

(b) is acquitted of all charges or satisfies the Competent Authority, in case of his release from detention or his

detention being set aside by the competent Court, that he had not been guilty of improper conduct resulting

in his detention.

(3) (a) An officer or employee shall be liable to dismissal or to any of the other penalties referred to in Regulation

38. if he is commuteed to prison for debt or is convicted of an offence which is the opinion of the Competent Authority,

cither involves moral turpitude, or has a bearing on any of the affairs of the Bank or on the discharge by the officer or

employee of his duties in the Bank, the opinion in this respect of the Competent Authority shall be conclusive and binding

on the officer or employee.

(b) Such dismissal or other penalty may be imposed as from the date of his committal to prison or conviction and

nothing in Regulation 38 shall apply to such imposition

(4) Where an officer or employee has been dismissed in pursuance of Sub-Regulation (3) and the relative convic-

tion is set aside by a higher court and the officer or employee is honourably acquitted, he shall be reinstated in service.

(5) Where the absence of an officer or employee from duty is without leave or his overstayal is due to his having

been arrested for debt or on cirminal charge or to his having been detained in pursuance of any process of law, the

provisions of Regulation 22 shall also apply, and for the purpose of that Regulation as so applied, the officer or employee

shall be treated as having absented himslef without leave or as the case may be, overstayed otherwise than under

circumstances beyond his control.

30. Prohibition against participation in politics and contesting elections.

No officer or employee shall take an active part in politics or in any political demonstration or contest election as

member for a Municipal Council Zila Parishad, District Board or any other local or legislative Body

THE GA2ETTE OF INDIA: EXTRAORDINARY

[PART III—SEC. 4]

31. Prohibition against joining certain associations, strikes etc

(1) No officer who is not a 'workman' within the meaning of the Industrial Disputes Act, 1947 shall,

(a) become or continue be a member or office bearer of or be otherwise directly or indirectly associated with, any

trade union of the employees of the Bank who are 'workman' within the meaning of that Act, or a federation

of such trade unions.

(b) resort to, or in any way abet, any form of strike or participate in any violent, unseemly or indecent demon-

stration in connection with any matter pertaining to his conditions of service or the conditions of service of

any other employees of the Bank.

(2) In relation to any employee who officiates in a grade or post which is not a grade or post of a 'workman' as

aforesaid, this Regulation shall also apply so long as such employee officiates in such higher grade or post.

(3) No employee shall join or continue to be a member of an association, the objects or activities of which are

prejudicial to the interest of sovereignty and integrity of India, the security of the state, friendly relations with foreign

States, public order, defamation or incitement to offence.

32. Giving evidence

(i) No officer or employee shall, except with the previous approval of the Competent Authority, give evidence in

connection with any enquiry conducted by any person, committee or authority.

(ii) Where any approval has been accorded under Sub-Regulation (i), no officer or employee giving such evidence

shall criticise the policy or any action of the Central Government or of State Government or of the Bank.

33. Function in honour of officer or employee

(i) No officer or employee shall, except with the previous sanction of the Competent Authority, receive any

complimentary or valedictory address or accept any testamonial or attend any meeting or entertainment held in his honour

or in the honour of any other officer or employee:

Provided that nothing in this Sub-Regulation shall apply to;

(a) A farewell entertainment of a substantially private and informal character held in honour of the officer or

employee or any other officer or employee on the occasion of his retirement or transfer or any person who has recently quit

the service of the Bank and

(b) the acceptance of simple and inexpensive entertainment arranged by association of officers or employees.

(ii) (a) No officer or employee shall either directly or indirectly exercise pressure or influence on any officer or

employee to induce or compel him to subscribe towards any farewell entertainment.

(b) No officer or employee shall collect subscription for farewell entertainment from any intermediate or lower

grade officer or employee for the entertainment of any officer or employee belonging to any higher grade.

34. Canvassing

No officer or employee shall bring or attempt to bring any political or other outside influence to bear upon any

superior authority to further his interests in respect of matters pertaining to his service in the Bank.

35. Subscriptions

No officer or employee shall, except with the previous sanction of the Competent Authority, ask for or accept

contributions or otherwise associate himself with the raising of any funds or other collections in cash or in kind from

constituents or customers in pursuance of any objective whatsoever.

36. Consumption of intoxicating materials

An officer or employee shall:

(a) strictly abide by any law relating to intoxicating drinks, drugs or other materials in force in any area in which

he may happen to be for the time being.

(b) not be under the influence of any intoxicating drinks, drugs or other materials during the course of his duty

and shall also take due care that the performance of his duties at any time is not affected in any way by the

influence of such drinks, drugs or materials.

(d) not appear m a public place, in a state of intoxication

Explanation For the purpose of this Regulation "public place" means any place or premises (including clubs,

even exclusively meant for members where it is permissible for the members to invite non-members as guests, bars and

(restaurants) to which the public have or are permitted to have access, whether on payment or otherwise

37. Sexual harassment

No officer or employee shall commit any act of sexual harassment of women at work places

Explanation

For the purpose of this Regulation, 'sexual harassment' includes such unwelcome sexually determined beha\ lour

v> hether directly or otherwise, as —

(a) Physical contact and advances,

(b) Demand or request for sexual favours,

(d) Showing any pornography, or

(e) Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature

38. Penalties

Without prejudice to foregoing Regulation of this Chapter an officer or employee who commits a breach of these

Regulations or who displays negligence, inefficiency or indolence or who commits acts detrimental to the interests of the

Bank or in conflict with its instructions, or who commits a breach of discipline or is guilty of any other acts of misconduct,

shall be liable for any one or more penalties as prescribed hereinafter

I Officers

(a) Minor Penalties

(0 Censure

(ii) Withholding or stoppage of increments of pay with or without cumulative effect

(m) Withholding of promotion

(b) Major Penalties

(0 Recovery from emoluments or such other amounts as may be due to him, of the whole or part or any pecuniary loss

caused to the Bank by negligence or breach of orders

(n) Reduction to a low er grade or post, or to a lower scale in a time scale

(m) Compulsory retirement

Explanation

The following shall not amount to a penalty within the meaning of this Regulation

(I) w ithholding of one or more increments of an officer on account of his failure to pass a prescribed departmental test

or examination in accordance w ith the terms of appointment to the post which he holds

(ii) stoppage of mcrement(s) of an officer at the efficiency bar in a lime scale on the grounds of his unfitness to cross

the bar

(in) not grv ing an officiating assignment or non-promotion of an Officer to a higher grade or post for which he may be

eligible for consideration but for w Inch he is found unsuitable after consideration of his case

(i\) resen ing or postponing the promotion of an Officer for reasons like completion of certain requirement for promo-

tion on pendencv of disciplinary proceedings

540 GI/2001—5

THE GAZETTE OF INDIA: EXTRAORDINARY

[PARI III—SEC. 4]

(\) reversion to a lower grade or post of an Officer officiating in a higher grade or post, on the ground that he is

considered after trial, to be unsuitable for such higher grade or post, or on administrative grounds unconnected

with his conduct.

(vi) reversion to the previous grade or post of an Officer appointed on probation to another grade or post during or at

the end of the period of probation, in accordance with the terms of his appointment or rules, or orders governing

such probation.

(\ii) reversion of an Officer on deputation to his a parent organisation.

C\iii) termination of service of an Officer:

(a) appointed in a temporary capacity otherwise than under a contract or agreement on the expiration of the

period for which he was appointed, or earlier in accordance with the terms of his appointment.

(b) appointed under a contract or agreement, in accordance w ith the terms of such contract or agreement: and

Provided that where it is proposed to impose any of the minor penalties specified in sub-clauses (i) to (iii) of clause

I of this Regulation, the officer concerned shall be informed in writing of the imputations of lapses against him and given an

opportunity to submit his written statement of defence within a specified period not exceeding 15 days or such extended

period as may be granted by the Competent Authority and the defence statement, if any. submitted by the officer shall be

taken into consideration by the Competent Authority before passing orders:

Provided further that no order imposing any of the major penalties specified above shall be made except by an

order in writing signed by the Competent Authority and no such order shall be passed without the charge or charges being

formulated in writing and given to the officer and enquiry held so that he shall have reasonable opportunity to answer the

charge or charges and defend himself:

Provided also that an enquiry need not be held if:

(i) the misconduct in such cases even if proved, the Bank docs not intend to impose the punishment of removal

or dismissal: and

(ii) the Bank has issued a show cause notice to the officer advising him of the misconduct and the punishment

for which he may be liable for such misconduct, and

(iii) the officer makes a voluntary' admission of his guilt in his reply to the aforesaid show cause notice.

II Employees

(a) Penalties for minor misconduct

(i) Censure

(ii) recording of adverse remarks against him

(iii) withholding of increment for a period not exceeding (> months

(b) Penalties for major misconduct

(i) fine

(u) withholding of incrcment(s)

(ni) w ithdrawal of special allowance

(i\) reduction of pay to next lower stage upto a maximum period of 2 years in case the staff has reached the

maximum in the scale of pay.

(\) removal from service which shall not be a disqualification for future employment.

(\i) dismissal

Provided that no order imposing any of the penalties specified above for major misconduct shall be made except

b\ an order in writing signed by the Competent Authority and no such order shall be passed without the charge or charges

being formulated in writing and given to the employee and enquiry held so thai he shall have reasonable opportunity to

answer the charge or charges and defend himself.

Provided further that an enquiry need not be held if :

(i) the misconduct is such that even if proved, the Bank does not intend to impose punishment of removal or

dismissal; and

(ii) the Bank has issued a show cause notice to the employee advising him of the misconduct and the punish-

ment for which he may be liable for such misconduct; and

(iii) the employee makes a voluntary admission of his guilt in his reply to the aforesaid show cause notice.

39. Waiver of the procedure

The requirements of Regulation 38 may be waived by the Competent Authority .

(a) if the facts on the basis of which penalty is to be imposed on the officer or employee have been established

in the Court of Law or Court martial; or

(b) where the officer or employee has been convicted on a criminal charge, or

(d) where it is for any other reason impracticable to communicate with him; or

Provided that no requirements of Regulation 38 may be waived unless reasons for doing so are recorded in writing

and placed before the Board.

40. Delegation of the power to enquire

The enquiry under Regulation 38 and the procedure with the exception of final order, may be delegated by the

Competent Authority to an officer who is senior to the officer against whom the proceedings are instituted and in the case

of an employee to any Officer.

Provided that the Competent Authority may. in his discretion, nominate any Officer working in the Bank including

those deputed from other institutions, to conduct the enquiry.

41. Common enquiry

Notwithstanding anything contained in these Regulations, if two officers in different grades or an officer and an

employee ore involved jointly in an incident and disciplinary proceedings are sought to be instituted against both of them

and the Chairman is of the opinion that having regard to the facts and circumstances of the case, the Competent Authority

in respect of both the officer and employee should be the same, the Chairman may direct that the Competent Authority in

respect of the Officer shall be the Competent Authority in respect of both the officer and employee involved and a common

enquiry shall be held into the charges against both of them and the delegation of power to enquire under Regulation 40 and

the procedure, with the exception of the final order shall be in favour of the same enquiry officer,

42. Corrupt Practices

Notwithstanding anything contained in these Regulations, the following provisions shall apply where it is

alleged that an officer or employee has been guilty of corrupt practices, namely :

(i) Where it is alleged that an officer or employee is possessed of disproportionate assets or that he has

committed an act of criminal misconduct or where the investigation and proof of the allegation would require

the evidence of persons who are not officers or employees of the Bank or where, in the opinion of the

Chairman, the investigation into the allegations cannot be conveniently undertaken by the Bank, the inves-

tigation into the allegations may be entrusted to the Central Bureau of Investigation or the Central Vigilance

Commission or such other Authority as may be approved by the Chairman.

(ii) If after considering the report on the investigation, the Competent Authority is satisfied that there is a prima

facie case of instituting disciplinary proceedings against the officer or employee, he may send the investi-

gation report to the Central Vigilance Commission or such other Authority as may be decided by the

Chairman from time to time in this behalf, for its advice whether disciplinary proceedings should be taken up

against the officer or employee concerned.

THE GAZfcTTH OF INDIA: EXTRAORDINARY

[PART III—SEC , 4]

(iii) If after considering the advice of die Central Vigilance Commission or such other Authority, as the case may

be. the Competent Authority i(! of the opinion that disciplinary proceedings should be instituted against

the employee concerned, then, the enquiry under this Regulation may be entrusted to a Commissioner for

Departmental Enquiries or any other person wlw may be nominated by the Central Vigilance Commission for

this purpose.

(iv) The Enquiry Officer shall submit his report to the Competent Authority and the report shall be forwarded

by the Competent Authority to the Central Vigilance Commission for its advice as to whether the charge or

charges, as the case may be, can be considered to have been established and the penalty or penalties to be

imposed under Regulation 38. The penalty or penalties to be imposed sha}l be decided by the Competent

Authority after considering the advice of the Central Vigilance Commission.

Explanation : An officer or employee shall be deemed to be guilty of corrupt practices if he has committed an act

of criminal misconduct as defined in Sections 13,14,15and 16 of the Prevention of Corruption Act, 1988 or he has acted for

an improper purpose or in a corrupt manner or had ewrcised or refrained from exercising his powers with an improper or

corrupt motive.

43. Restriction on engagement of a Legal Practitioner

For the purpose of enquiry, the officer or employee shall not engage a legal practitioner without prior permission

of the Competent Authority.

44. Disciplinary proceedings after retirement

(i) An oflicer or employee under suspension of a charge of misconduct who attains the age of superannuation, shajl

be deemed to be in service even after the age of superannuation for the specific purpose of continuation and

conclusion of the disciplinary proceedings and issue of final orders thereon. Such suspended officer or employee

shall not be eligible for any subsistence allowance for the period beyond the date of superannuation.

(ii) The officer or employee against whom disciplinary proceedings have been initiated wjll f ease to be in service on

the date of superannuation but the disciplinary proceedings will continue as if he was in service until the proceed-

ings arc concluded and final order is passed in respect thereof, The concerned officer or employe^ will not receive

any pay and/or allowances after the date of superannuation. He will also not be cft^ed. for the payment of

retirement benefits till the proceedings are completed and final order is passed therein except his own contribu-

tion to CPF.

Explanation—The normal retirement benefits such as encashment of Privilege leave and Gratujty shpujd be

withheld till the completion of the disciplinary proceedings and passing of final order by the Competent Authority, the

release of benefits would be as per the final order of the said Authority.

45. Suspension

An officer or employee may be placed under suspension by the Competent Authority. During such suspension

the officer or employee shall be entitled for subsistence allowance as under;

I. In case of an Officer

(A) Basic Pay

(i) For the first three months of suspension 1/3 rd of the basic pay which the officer was drawing on the date prior to

the date of suspension irrespective of the nature of enquiry.

(ii) For the subsequent period;

(a) where the enquiry is held departmentally by the Bank 1/2 of the basjc pay the officer was drawing on the date

prior to the date of suspension

(b) w here the enquiry is held by an outside agency l/3rd of the basic pay for the next three months and one half

of the remaining period of suspension.

(B) Allowances

For the entire period of suspension, dearness allowance and other allowances excepting special allowance, if any,

will be calculated on the reduced pay as specified in terms of (i) and (ii) of clause (A) at the prevailing rates or at rates

applicable to similar category of officers.

IL In case ot an employee

(A) Basic Pay

(i) For the first three months of suspension l/3rd of the basic pay which the employee was drawing on the date prior

to the date of suspension irrespective of the nature of enquiry.

(ii) For subsequent period

(a) Where the enquiry is held departmentally by the Bank, 1/2 of the basic pay, the employee was drawing on

the date prior to the date of suspension.

(b) After one year full pay if the departmental enquiry is not delayed for reasons attributable to the concerned

employee or any of his representative(s).

prosecute the employee, full pay will be payable after six months from the date of receipt of report of such

agency or one year after suspension, whichever is later, and in the event the enquiry is not delayed for

reasons attributable to the employee or any of his representative(s),

B. Allowances

For the entire period of suspension dearness allowance and other allowances excepting special allowance, if any,

will be calculated on the reduced pay as specified in terms of sub-clause (i) and (ii) (a) of Clause A at the prevailing rates

or at rales applicable to similar category of employees:

Provided that no officer or employee shall be entitled to receive payment of subsistancc allowance unless he

furnishes a declaration that he is not engaged in any other employment, business, profession or vocation :

Provided further that if during the period of suspension an employee retired by reason of his attaining the age of

superannuation, no subsistance allowance shall be paid to him from the date of his retirement.

46. Treatment of suspension period and allied matters

The Competent Authority may, while imposing penalty, also direct whether the officer or employee shall be paid

the difference between the subsistance allowance and the emoluments which he would have received but for such

suspension or the period he was under suspension and that, if the Competent Authority decides otherwise, no order shall

be passed which shall have the effect of compelling the officer or employee to refund such subsistance allowance. The

period during which an officer or employee to refund such subsistance allowance. The period during which an officer or

employee is under suspension shall, if he is not removed/dismissed from the services, be treated as period spent on duty

or otherwise as the Competent Authority may direct.

47. Right to appeal

(i) An officer or employee shall have right of appeal against any order passed under these Regulations which

injuriously affects his interest. •

(ii) The appeal shall be preferred to the Appellate Authority mentioned in the Regulation 48 within 45 days of the date

or receipt of the order appealed against. The Appellate Authority shall consider Ihe appeal and pass suitable order

preferrably within a period of 6 months.

48. Appellate authorities

An appeal shall lie;

(i) lo the Board where the Chairman or Committee of Directors is the Competent Authority.

(ii) to the Chairman where any other officer is the Competent Authority.

49. Requirement of an Appeal

Every appeal shall comply with the following requirements:

(a) ii shall be in writing and couched in polite and respectful language and shall be free from unnecessary

padding or superfluous verbiage.

(b) it shall contian all material statements and arguments relief on an sh*¹¹ N; complete in itself.

315 GI/2001— 6

^ 8 _

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART III—SEC. 4]

(d) ii shall not be addressed to directors personally.

CHAPTER-V

PAY AND ALLOWANCES

50 When accrue and payable

Subject to the provisions of these Regulations, pay and allowances shall acertW frottl thii aomihenccment of the

sen ice of an officer or employee and shall become payable on the last working day of the each month iti respect of the

service performed during the said month.

51. When ceases

(i) Pay and allowances shall cease to accrue as soon as an officer or employee ceases to be in service.

(ii) I n case of an officer or employee dismissed from the Bank '§ gerviee. the pay arid allowances shall cease from the

date of dismissal.

(lii) in the case of an officer or employee who dies while in service, the pay and allowances shall cease from the day

following that on which the death occurs.

52. Increments

In a scale, the increment shall accrue on the completion of each specified period of service on each stage of that

scale, whether such service be probationary, officiating or substantive :

Provided that an officer or employee shall draw increment on the first day of the month in which it falls due

irrespective of the actual date of its accrual.

CHAPTER-VI

LEAVE AND JOINING TIME

53. Kinds of leave

Subject to the provisions of these Regulations an officer or employee mey be eligible for the following kinds of

lca\ c.

(a) Casual Leave

(b) Privilege Leave

(d) Extra-ordinary Leave

(0 Maternity Leave.

54. Authorities empowered to grant leave

The power to grant leave shall vest in the Competent Authority.

55. Power to refuse leave or recall an officer or employee on leave

(i) Leave canoi be claimed as a right. When exigencies of the service so require, discretion to refuse or revoke leave

of am description is reserved to the Competent Authority.

(ii) An officer or employee on leave may be recalled to dut\ by the Competent Authority whenever the Bank deems

fii to do so :

Provided that if the officer or employee is at I hat time out of headquarters, he shall be eligible to be paid the actual

expenses i ncurrcd b> him and the members of his family for returning to the headquarters.

56. Place of reporting on return from leave

An officer or employee on leave shall, unless otherwise instructed to the contrary, return for duty to the place

w here he was posted before proceeding on leave.

57, Leave Not Admissible tor an officer or employee placed under suspension

No leave, shall to granted to an officer or employee under suspension.

58, Casual l^ttvc

(1) All pfficer or employee shall be eligible for casual leave on full emoluments for 12 working days m a calendar

year-

Provided that not more than four days casual leave may be availed of at any one time :

Provided further that holidays and Sundays may not be combined with such leave in such a manner as to increase

the absence at any One time beyond six days.

(2) Casual leave to an officer or employee during the first calender year of his service shall be admissible on a pro

rata basis at the rate of one day far each completed month or part thereof.

(3) (a) Casual leave not availed of in a calendar year may be suffixed or prefixed to sick leave in the following year

in respect of an officer.

(b) Casual leave not availed of in a calendar year may a converted into sick leave on full substantive pay in respect

of employees. Such sick leave shall be in addition to the eligible sick leave limits prescribed in Regulation 60

(4) Casual leave may not be granted in combination with any other kind of leave, except as provided under sub-

rcgulatiqn(3)(a) above, special casual leave under Regulation 62 and maternity leave under Regulation 63.

59, Privilege Leave

(a) Scale on which Privilege leave is earned.

(1) An officer or employee shall be eligible for privilege leave computed at one day for every 11 days of service on

dut>

Provided that at the commencement of service no privilege leave may be availed of. before completion of 11

months of ser\ ice on duty.

(2) The period of privilege leave to which an officer or employee is entitled at any time shall be the period which

he has earned less the period availed of,

(1) AH officer or employee on privilege leave shall be entitled to full emoluments for the period of lca\ c.

(4) Pm ilege leave may be accumulated upto 31 st December. 1989 for an aggregate period upto 180 days and from

1 st January 1990,1 he privilege leave may be accumulated upto not more than 240 day s.

(b) When application should be submitted

(0 Application for privilege leave shall be submitted by an officer or employee one month before the date from

which leave is required.

(ii) Application which does not satisfy the above requirement of sub regulation (b)(i) may be refused without

assigning any reason :

Provided that if the Competent Authority is satisfied that such notice was not possible, he may waive this

requirement at his discretion.

6(>. SickLe;nc

(I) The sick leave/medical leave account of every officer or employee shall be credited with medical leave in

advance. In two instalments often days each on the first day of January¹ and July of every calendar year

(2)(a) The leave shall be credited to the said leave account at the rate of 5/3 days for each completed calendar

month of service, which he is likely to render; in the sick leave/medical leave of the calendar year in which he is appointed.

(b) The credit for the sick leave/incdical leave in which an officer or employee is due to retire or resign from the

service shall be allowed at the rate of 5/3 days per completed calendar month upto the date of retirement or resignation.

medical leave shall be allowed at the rate of 5/3 days per completed calendar month upto the end of the calendar month

preceding the calendar month in which he is removed or dismissed from service or dies in service

_ _ _ ^ _ _

THE GAZETTE OF INDIA EXTRAORDINARY

[PAR i III—SEC 4]

(d) Where a period of absence or suspension of an officer or employee has been treated as dies non' in a sick

leave/medical leave, the credit to be afforded to his sick leave/medical leave account at the commencement of next sick

leave/medical leave shall be reduced by one eighteenth of the period of 'dies non' subject to a maximum often da>s

Provided that sick leave/medical leave can be accumulated during his entire service subject to the following

conditions

(1) An officer or employee shall be eligible to receive one month's full emoluments during the period of sick/

medical leave

Provided that if an officer or employee so desires, the Bank may permit him to draw full emoluments in respect of

any portion of sick leave granted to him twice the amount of such period on full emoluments being debited against his sick/

medical leave account

(u) Sick/medical leave will be granted on pro rata basis during the first v ear of service

(m) Sick/medical leave may be availed of only on production of medical certificate issued b> medical practitioner

acceptable to the Bank

(rv) Any Officer or employee desirous of resuming duty on expiry of sick/medical leave shall produce medical

certificate to the satisfaction of the Bank saying that he is fit for duty

Explanation

1 Till the appointed date an officer or employee is eligible for 20 cays sick/medical leav e for each completed vear of

serv ice Such leave can be accumulated upto 180 days

2 From the appointed date an officer or employee shall be eligible for 20 days of sick/medical lea\e for each

completed year of service

61. Extra-ordinary Leave

(1) Extra-ordinary leave may be granted to an officer or employee when no ordinary lea\ c is due to him and w hen

having regard to his length of service, sick leave is not considered justified bv the Competent Authority The duration of

extra-ordinary leave to be granted to an officer or employee shall not exceed 90 da\ s on any occasion and 360 dav s during

ihe entire period of his service .

Provided that in exceptional circumstances the Chairman may with the approval of Board grant extra-ordinary

leav c upto a total period of 720 days to an officer or employee

Pro\ ided further that m case of chronic sickness of an officer or employee, the Chairman ma\ w ith the approval of

the Board grant extra-ordinary leave in excess of 720 days to him and the Board, w hilc according such approv al. shall record

the specific reasons therefore in writing

(2) The Competent Authority may grant extra-ordinary leav c in combination with or in continuation of leav e of any

other kind admissible to the officer or employee save as otherwise provided in these Regulations

O) No pav and allowances are admissible during the period of extra ordinary leave and the period spent on such

leav c shall not count for increment

Provided that where the Competent Authority is satisfied that sanction of extra-ordinarv leave was necessitated

on account of illness or any other reason beyond the control of officer or emplovee. he may direct that the period of extra-

ordinary leave would count for increment

62. Social Casual Leave and Special Leave

An officer or employee may be granted special casual leave and special leave for sports, donation of blood, family

planning, defending another officer or employee in an enquiry, or for joining civ ii defence services or an> other purpose as

mav be decided by the Board in accordance with the guidelines of the Central Government

63. Maternity Leave

(i) Leav e upto a period of three months at a time may be granted by VA ay of maternity leav e including in respect of

post natal period or at the time of miscarriage or abortion, so however, that not more than 12 months of such leave shall be

av ailablc during the entire period of service of a female officer or emplov ee

(ii) Maternity leave may be combined with any other kind of leave but any leave applied for in continuation of the

former may be granted only if the request supported bv a certificate issued b\ a medical practitioner acceptable to the Bank

64. Lapse of leave

All leave shall lapse on the death of an officer or employee or if he ceases to be in the service of the Bank

Provided that where an officer or employee dies in serv ice, there shall be payable to his legal representatives, sums

which would have been payable to the officer or employee as if he has availed of the privilege leave that he had accumulated

at the time of his death subiect to Sub-regulation (a)(4) of Regulation 59

Provided further that where a staff retires from the Bank's service, he shall be eligible to be paid a sum equivalent

to the emoluments for the period of privilege leave he had accumulated subject to Sub-regulation (a)(4) ofRcgulation 59

Provided also that in respect of the employee where his services are terminated owing to retrenchment, he shall be

paid pay and allowances for the period of privilege leave at his credit

65. Furnishing of leave address to the Bank

An officer or employee who has been sanctioned leave and leaves his place of duty shall furnish to the Bank, the

address at which he can be contacted while out of headquarters

66. Commencement and termination of leave

(0 The first day of leave of an officer or employee is the working day succeeding that upon which he hands over

charge

(ii) The last day of leave of an officer or employee is the working dav preceding that upon which he reports his

return to duty

"•

67. Joining time

(1) A officer or employee shall be eligible for joining lime on one occasion to enable him

(a) to join a new post to which he is appointed while on duty in his old post, or

(b) to join a new post on return from leave

(2) The period of joining time shall be

(a) in respect of an officer, a period not exceeding sc\cn days exclusive of the number of days spent of travel,

and

(b) in respect of an employee a period not exceeding six days exclusive of the number of days spent on travel

(3) During the period spent on joining time, an officer or employee shall be eligible to draw the emoluments at the

place of old or new posting, whichever is less

(4) In calculating the joining time admissible to an officer or employee, the day on which he is relieved from his

post shall be excluded

Provided that public holidays following the day of his relief shall not be included in computing the joining time

(5) No |oining time shall be admissible to an officer or employee when the transfer does not involve a posting to a

different place

(6) No joimng time shall be admissible to an officer or employee when his posting is of temporary nature, irrespec-

tive of the fact that the posting is to a place or station other than the one at which he is permanently posted

(7) No joining time shall be admissible to an officer or employee when the transfer is at his own request

CHAPTER-W

MISCELLANEOUS

68. Provident Fund and Pension

(1) An officer or employee who has completed continuous minimum service as specified in the Employees'

Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952) shall be a member of the Employees' Provident Fund

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART in—SEC. 4]

The contribution to the Provident r und by the olticer or employee and the Bank shall be in accordance with the provisions

of the aforesaid Act.

(2) (a) An officer or employee covered under the provisions of Employees Provident Fund and Miscellaneous

Provisions Act, 1952 (19 of 1952) shall be governed by the provisions of Employees Pension Scheme, 1995 framed by the

Go\ ernment of India in exercise of powers conferred by Section 6A of the said Act.

(b) The Pension Scheme so framed shall come into force from the 16th day of November, 1995.

69. Gratuity

1. An officer or employee shall be eligible for payment of gratuity in accordance with the Sub-regulation 2

hereunder.

2. The amount of gratuity payable to an officer or employee shall be either as per the provisions of the Payment of

Gratuity Act. 1972 or as per Sub-regulation (3) hereunder which ever is higher.

(3) (i) Every officer or employee shall be eligible for gratuity on—

(a) Retirement

(b) Death

(d) Resignation after completing 10 years of continuous service, or

Provided that in respect of an employee there shall be no forfeiture of gratuity for dismissal on account of

misconduct except in cases where such misconduct causes financial loss to the bank and in that case to Lhat extent only.

(ii) The amount of gratuity payable to an officer or employee shall he one month spay for every completed year of

sen'ice or part thereof m excess of six months subject to a maximum of 15 months' pay •

Provided that where an officer or employee has completed more than 30 years of sen'ice he shall be eligible by way

of gratuity for an additional amount at the rate oione half of a month's pay for each completed year of service beyond 30

years

Provided further that in respect of an officer the gratuity is payable based on the last pay drawn :

Provided also that in respect of an employee pay for the purpose of calculation of the gratuity shall be the average

or the basic pay (100%), dearness allowance and special allowance and officiating allowance payable during the 12 months,

preceding death, disability, retirement, resignation or termination of service, as the case may be.

70. Domicile

1I) Every officer or employee shall on his appointment declare his domicile in writing to the Bank in Form B in

Schedule III and if such domicile is not his place of birth he must establish the same to the satisfaction of the Appointing

Authority.

(2) No Officer or employee who has once indicated his domicile, shall be allowed to alter the same unless he

sal ISIICS the Bank that the change is bona fide and in no case may an officer or employee be permitted lo change his domicile

in such a manner as to increase the cost to the Bank of any such concession.

71. Transferability

Every officer or employee is liable for transfer to any office or branch of the Bank.

72. Implementation and interpretation of Regulations

(1) The Chairman, may from time to time, issue such instructions or directions as he may. consider necessary fpr

giving cfTcct lo. or carrying out the provisions of these Regulations.

(2} The Government of India may after consultation with the National Bank interpret these Regulations as and

when considered necessary.

73. Repeal ami Savings

(1) Every rule, regulation, bye-law or any provision in any agreement or a resolution corresponding to any of the

regulations herein contained and in force immediately before the commencement of these regulations and applicable to

officers and employees is hereby repealed,

(2) Notwithstanding such repeal, any order made or action taken under the provisions so repealed shall be deemed

to have been made or taken under the provisions of these regulations.

Schedule I

(See Regulation 18)

DECLARATION OPHDELTTY AND SECRECY

Place

Date

,do hereby declare that I will faithfully, truly and to the best of my skill and ability

execute and perform the duties required of me as officer or employee of the

Bank and which

properly relate the office or position held by me in the said Bank.

T further declare that I will not divulge or allow to be divulged to any person not legally entitled thereto any

information relating to the affairs of the said Bank or to the affairs of any person having any dealing with the said Bank and

nor will I allow any such person to inspect or have access to any books or documents or electronic records belonging to

or in possession of the said Bank and relating to the business of the said Bank or the business of any person having any

dealing with the said Bank.

Signed before me

Signature

Name in full

Designation.

Signature

Name in full

Designation.

CARE: (To be on the lines of GOI Rules)

Schedule-n

[See Regulation 5 (4)]

DECLARATION TO BE OBTAINED FROM EVERY OFFICER OR EMPLOYEE ON FOIST APPOINTMENT

I. Shri/Smt./Kum

s/o. w/o, d/o

declare

as under:

(i) That I am unmarried/a widower/widow.

(ii) That I am married and have only one spouse living.

(iii) That I have entered into or contracted a marriage with a person having a spouse living. Application for grant

of exemption is enclosed.

(iv) To be modified.

2.1 solemnly affirm that the above declaration is true and I understand that in the event of the declaration being

found to be incorrect after my appointment. I shall be liable to be dismissed from service.

Date

Signature.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART III—SEC. 4]

Schedule m

FormB

DECLARATION OFDOMICHJE

(See Regulation 70)

Place:

Date:

I. the undersigned, having been appointed in the service of

Bank hereby declare

(Place) in

(District) as my place of domicile.

* The above is my place of birth

* The above is not my place of birth. My place of birth is

(Place) in

(District) but

(Place) has been declared as my place of domicile for reasons given below :

Name in full

Designation and

Nature of appointment

Date of appointment

Signature

* Strike out whichever is not applicable.

B. L. KAPILA. Chairman

|ADVT-III/IV/Exly/298/2(XK)]

Printed by the Manager, Govt, of Indin Pres». Ring Road. Mayapuri. New JX'lhi-110064

and Published by the Controller of Publications. Dolhi-110054.