REGD. NO. D. L -33004/99 The Gazette of India
EXTRAORDINARY
PART III—Section 4
PUBLISHED BY AUTHORITY
No. 40 ] NEW DELHI, FRIDAY, FEBRUARY 23, 2001/PHALGUNA 4, 1922
539 Gl 2001
(1)2 THE GAZETTE OF TNDTA . EXTRAORDINARY [PART III—SEC 4] 3 4 T T O ^ ^ 2 I L . 9 ?I^ P ^1_ i l: X T R A O R D I N A RY
[PART III—SE^. 4]5 6 THE GAZETTE OF INDIA EXTRAORDINARY [PARI-HI—Spr 41 7 8 T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY [ P A RT I I I — S E C. 4] 9 539 GI/2001 — 210 THE GAZETTE OF INDIA EXTRAORDINARY |PAKT JFI—She. 4| II12 THE GAZETTE OF INDIA . EXTRAORDINARY [PAR-, HI—SE<- 4| 13 14 THE GAZETTE OF IND1A_ EXTRAORDINARY |PARI III—SEC 4] 15 16 THEGAZETTE OF INDIA EXTRAORDINARY |PAM fll—SEP 4| 17 539^1/2001—3 : y L= = = = = = =^ _ _ __ THEGAZETTE 0FJNpM2EXTOA0RDINARY_^__^__^[PART III—SEC. 4]19 20 THE GAZETTE OF INDIA EXTRAORDINARY |PAR, [ n _S u- 4| 21 22 THE GAZETTE OF INDIA : EXTRAORDINARY IPAKJ III—SK- 41 23
SHARDA GRAMIN BANK
NOTIFICATION
Satna, the 13th Fcbruaiy, 2001
Sharda Gramin Bank (Officers and Employees) Service Regulations
SGB/HO/CS/2000-2001/112.—In exercise of powers conferred by Section 30 of the Regional Rural Banks Act, 1976 (21 of 1976) the Board of Directors of Sharda Gramin Bank after consultation with the Allahabad 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:
CHAPTER-I
PRELIMINARY
1. Short title, commencement and application:
(i) These regulations may be called Sharda Gramin Bank (Officers & Employees) Service Regulations, 2000.
(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. Definitions
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:
(c) "Appointing Authority" means the authority prescribed in Regulation 5(1);
(d) "Area Manager" means an officer holding the charge of Area Office for the time being;
(e) "Bank" means the Sharda 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 1 st day of January of an year and ending with 31st 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) "duty1" includes :
(a) service as a probationer;
(b) period during which an officer or employee is on joining time;
(c) period spent on casual leave, special casual leave duly authorised by the Competent authority, and (d) period spent on training while in service;
(k) "emoluments'" menas the aggregate of salary and allowances, if any,24 T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY [ P A RT m —S E C. 4] (i) employee means a person appointed to any of the posts specified in Regulation 3 (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 basic 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 Allahabad 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
(ii) Scale 11
(iii) Scale III
with designation in relation to any of the scales
(i) Officer
(ii) Branch Manager
(iii) Area Manager
(iv) Senior Manager
and such other scales or designations as may be specified by the Board from time to time with the approval of the Central Government.
(2) Group B-Clerical Cadre
Clerical staff, namely Clerk-cum-Cashicr, Clcrk-cum-Typist Stenographer and such other categories as may be specified by the Board from time to lime with ihe prior approval of the Central Govcnunent.
(3) Croup C-Subordinate Cadre
Subordinate staff, namely Messenger. Mcssenger-cuni-Sweeper.Driver, Driver-cum-Messenger. Part-time Messcnger-cum-Sweeper, Security Gunrd and such other categories as may be specified by the Board from time to time with the prior approval of the Central Government.
(b) Nothing in this Regulation shall be construed as requiring the Bank to have at all times all the cadres or categories of the 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 ad hoc and/or temporary basis for a period not exceeding 60 days in a year to meet any exceptional need or circumstance25 Provided that such appointments on ad hoc and/or temporary basis shall be made in consultation with the Sponsor Bank.
5. Appointment 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 in 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 Government 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 li\ ing.
or
(b) who having a spouse living have entered into or contracted a marriage with any person shall be eligible for appointment to the said post.
Provided that the Appointing Authority ma> if satisfied thai s>ich marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there arc 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 Ins 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 ihc Groups referred to in Regulation 3, shall be such as may be determined by the Central Government from time to time under Sub- Section (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 hisjoining 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 I shall be on probation for a period of two years, 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 which shall be extendable by the Appointing Authority for a period not exceeding si\ months (ui) An officer promoted in higher scale shall be on probation for a period of one year which shall be extendable by the Appointing Authority for a period not exceeding six 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 six 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
539 GI/2001—426 THE GAZETTE OF INDIA: EXTRAORDINARY [PAK r [II—SEC. 4] (v) Probation period in case of an officer or employee shall be liable to be extended within the permissible limits to the extent of extra ordinary leave availed of by him or if in the opinion of Appointing Authority Ins performance was dissatisfactory during such period.
9. Confirmation
(i) An officer or employee shall be confirmed in the Bank's service if in the opinion of the Appointing Authority.
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 the 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 and
(ii) One month in the case of an employee.
(c) In case of breach by an officer or employee of Sub-Regulation (1 )(b), he shall be liable to pay to the Bank as 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) an officer or 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 Comptenl 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 why disciplinary proceedings should not be instituted against him until final orders are passed by the Competent Authority 11. Su|ierannuation 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 j ears of age or after the completion of 10 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 i n v riling has been served on him atlcast 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 month 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 Hie order of the Chairman, as provided in Sub-Regulation (2), may within one month ofthe passing of the order give in \\ riling a representation to the Board against the decision of the Chairman and on receipt of such representation the Board shall lake a decision \\ llhin a period of three months Where the Board decides that the order passed by the Chairman is noi justified, the concerned officer or employee shrill be reinstated as if the 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 employees and make recommendation to the Chairman.
27Explanation :
For the purpose of this Regulation the officer or employee whose date of birth is first day of month u ill 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 fust day during a calendar month shall retire on the last day of that month.
CHAPTER-IU
RECORD QF SERVICE, SENIORITY. PROMOTION AND REVERSION
12. Record of Service
A record of service shall be maintained by the Bank in respect of each officer or employee ;u such place or places and shall be kept in such form and shall contain such information as may be specified fi oni time to ti me 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 lime
(ii) The seniority lists shall be reviewed and updated at such intervals as may be decided by the bank and circulated amongst the officers or employees as the case may be.
(iii) (a) The seniority of a promotec 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 arc two or more promolee officers or employees of the same length of service in that cadre or scale, there inter-se seniority shall be reckoned with reference to their seniority in the immediately preceding cadre or scale.
(c) Where there arc two or more promotee officers or employees having the same length of service in such preceding cadre or scale, their seniority shall be determined with reference to their seniority in the immediately preceding cadre or scale, as the case may be.
(iv) The inter-se seniority of the erstwhile Field Officers or Accountants vis-a-vis the Branch Managers who were in the service of the Bank on the date on which the revised pay scales circulated by the Ministry of Finance. Department of Economic Affairs. Banking Dhision, New Delhi letter No F.2/17/79-RRB dated the 29 April, 1980 are adopted by the Bank, may be so reckoned that all erstwhile Field Officers and/pr Accountants rank junior to all the then existing Branch Managers :
Provided that the jnter-se seniority of officers or employees amongst themselves within a cadre or scale as existing immediately prior to the Government letter No. ll-3/90-RRB(I) dated 22 February, W-) I shall remain the same.
(v) The inter-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 time of their selection:
Provided that if officers or employees recruited under the general or reserved categories are allotted to the Bank, the inter-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.
14. Promotion
All promotions shall be made at the discretion of the Bank and no officer or employee shall claim as a matter of righl to be promoted to any post or cadre:
Provided that promotions of officers or employees in the Bank shall be made in accordance with the rules framed by the Central Government in terms of Section 29 of the Act.
15. Reversion
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.
28 THE GAZbTl EOF INDIA: EXTRAORDINARY [PART H I _ S E C. 4] 2922. Officer or employee not be absent from duty without permission or be late in attendance
(i) 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 overstayal, and shall be liable to such disciplinary 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 thai such absence or overstayal 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, m other cases.
24. Prohibition to accept gifts and dowry
(i) An officer or cmplo\ ee shall not solicit or accept or permit any member of his family or any other person acting on his behalf to accepl any gift from ii constituent of the Bank or from any subordinate officer or employee.
(ii) No officer or employee shall.
(a) give or lake or abel the giving or Inking ofdowry;
or
(b) demand directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, any down
Explanation ,
For the purpose of this Regulation, dowry has the same meaning as in the Dowry Prohibition Act, 1961 (28 of 1961) 25. 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 thai nothing in this Regulation shall be deemed to prohibit an officer or employee from making a hnna fide 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 lendings, 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 himself or a member of his family under a pecuniary obligation to a broker or a money lender or a subordinate officer or employee or any person, association of persons, firms, company or institution whether incorporated or not having dealings with the Bank:
(ii) buy or sell stocks, 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;
(iii) incur a debt al 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 :
30 THE GAZETTE OF INDIA .EXTRAORDINARY PAR 1 III—SEC 41Provided 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 bonafide 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 credii 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 Deccmberand 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 I : 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 viiluablc property
(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 oracquired by him or held by him on lease or mortgage, cither m his name or m 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 lum;
(c) other movable properly inherited by him oi similarly o\\ ncd or acquired or held by him and
(d) debts and other liabilities incurred by him directly or mdircclh
Piovided that in the case of an officer who is already in service in the Bank on the date these Regulations come into force, shall submit a return in term 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 dote of these Regulations come into force.
(2) Every officer shall submit a return of the immo\ able/movable property to the Bank as on 31st March of each year before 30th April of that year
(3) No officer shall c\ccpt with the prior intimation to the Competent Authority acquire or dispose of any immov- able property by lease, mortgage, purchase, sale, gift or otherwise cither in his ON n name or in Ihc 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) w nh a person having official dealings v\ Hh the officer
(b) otherwise than through a regular or reputed dealer.
(4) Every officer shall report to the Competent Authority every transaction concerning movable property owned or held by him cither in his name or in the name of a member ofhis family ifthe value ofsuch a 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 " nh the officer
or
(b) olhervv ise than through a regular or reputed dealer M (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 pioperty held or acquired by him or on his behalf or by any member of his family as may be specified in the order and such statement, if so icqmred by the bank, include the details of the means by which or the sources from which such property was acquired.
28. Restrictions regarding marriage
(l)(i)No officer or employee shall enter into, or contract a marriage with a peison having a spouse In ing.
(ii) No officer or employee, having a spouse living, shall entei into or contract, a marriage witn anv 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 party to the marriage: and
(b) there are 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 anj process of law, may, if so directed by the Competent Authority, be treated as being or having been under suspension from the date 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 whcthei such period is to be accounted foi 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 commiltecd to prison for debt or is convicted of an offence which in the opinion of the Competent Authority, either 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 com iction 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 rclaln e 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 overslayal is due to his having been arrested for debt or on cmmnal 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 himself without lea\c 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 ar member for a Municipal Council. Zila Panshad. District Board or any other local oi Legislative Body32 THE GAZETTE OF INDIA EXTRAORDINARY [PAKI III—Stc 41 31. Prohibition against joining certain associations, strikes, etc.
(1) No officer who is nol a 'workman' w ithin ihe meaning ofllic Industrial Disputes Act. 1
(a) become or continue be a member or office bearer of. or be otherwise directly or mdirccih associated v\ ith.
any trade union of the employees of the Bank who are 'workman' within the meaning of that Aci. 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 arc prejudicial to the interest of sovereignty and integrity of India, the security of the state, friendly relations with foreign States, public order, defamation or i ncitement 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 am complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held m 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 vf 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.
33(c) refrain from consuming any intoxicating drinks, drags or other materials in a public place.
(d) not appear in a public place, in a state of intoxication,
h xplcmatian . For ihe 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 (rysta jrants) to w hich the public have or are permitted to have access, whether on payment ot otherwise.
37. Sexu.il turassmertt
No officer 01 f mployec shall commit any act of sexual harassment of women at work places.
i< rpianation
For the purpose ol this Regulation, 'sexual harassment' includes such unwelcome sexually determined behaviour.
w hcihcr ducctly or otherwise, as"—
(a) Physical contact and advances,
(b) 'Demand or request for sexual favours.
(c) Sexuallv coloured remarks,
(d) Showing onv pornography, or
(c) Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
3H. Penalties
Without prejudice to foregoing Regulations of this Chapter an officer or employee who commits a breach of these Regulation: or w ho dtsplav s negligence, inefficiency or indolence or who c >mits acts detrimental to the interests of the EVnk or in io.il1:ci wub it^ instructions, or who commits a breach of discipline jr is guilty of any other acts of misconduct, siiul] be luiblc for anv one or more penalties as prescribed hereinafter
I Oflims
(a) Minor Penalties
(i) Ccncurt-
{M > Withholding or stoppage of increments of pay with or without cumulative effect.
iii!) Withholding of promotion
(b) Major Penalties
fi) Rtxov cry from emoluments or such other amounts as may be due to him, of the v\ hole or part or any pecuniary loss caused to the Bank b\ negligence or breach of orders
(ii) Reduction to a loner grade or post, or to a lower scale in a time scale
"m) Compulson retirement
(iv) Removal from sen ice winch shall not be a disqualification for future employment.
/ xpltvwtinn
The tollovving shall not amount to a penalty \\ ithin the meaning of this Regulation.
(1) \\ ithholding of oi tc or more increments of an officer on account of liis failure to pass a prescribed departmental test or elimination in accordance with the terms of appointment to the post which he holds.
(A) stoppage of nicrenicnt(s) of an officer at the efficiency bar in a time scale, on the grounds of his unfitness to cross the bat
(iii) not giving au officiating assignment or non-promotion of an Officer to a higher grade or post for which he may be eligible for consideration, but for which he is found unsuitable after consideration of his case (iv) reserving or postponing the promotion of an Officer for reasons like completion of certain requirement for promo- tion or pendency of disciplinary proceedings.
539 GI/2001—534 THE GAZETTE OF INDIA EXTRAORDINARY [PART III—SEC. 41 (v) 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.
(vii) reversion of an Officer on deputation to his parent organisation,
(viii) 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 with the terms of such contract or agreement; and (c) as part of retrenchment.
Provided that where ii is proposed to impose any of Ihe minor penalties specified in sub-clauses (i) to (in) of clause 1 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 unlten statement of defence with 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 does 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
(hi) the officer makes a voluntary admission of his guilt in his reply to the aforesaid show cause notice.
11. Employees
(a) Penalties for minor misconduct
(i) Censure
(ii) recording of adverse remarks against him
(iii) withholding of increment for a period not exceeding 6 months
(b) Penalties for major misconduct
(i) fine
(ii) withholding of incrcment(s)
(iii) withdrawalofspccial allowance
(K) reduction of pay to next lower stage upto a maximum period of 2 \cars incase the staff has reached the maximum in the scale of pay
(v) 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 Tor major misconduct 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 employee and enquiry held so that he shall have reasonable opportunity to answer the charge or charges and defend himself.
15HroMdccl lurilier lhat an enquin need not be held if
(0 the misconduct is sucli Hi at ei en if pro\ ed the Bank does not intend to impose punishment or removal or dismissal and
(ii) the Bank has issued ,1 show cause notice to the emplo\ce advising him of the misconduct and the punish- ment lor which he may be liable for such misconduct, and
(in) the emplov ee makes, a \ ohmian admission of his guill in his reply to the aforesaid show cause notice 19. Waiver of the proccdu re
The requirements of Regulation 38 may be waned by the Competent Authority
U\) if the facts on Ihe basis ofwluch penalty is to be imposed on the officer oi employee have been established in Ihe Court of Law or Court martial, OJ
(b) where the officer or employee has been convicted on a ciiminal charge, or
(c) where the officer or employee has been absconding, or
(d) where it is for any oilier reason impracticable to communicate with him. or
(e1) w here it is reasonably not pi aclicablc to observ c the piocedurc prescribed under Regulation 38 Pro\ ided that no requirements of Regulation 3S may be wai\cd unless icasons fordoing so arc recorded in writing <)nd placed before the Board
41). Dclegntion of the p
The enquin under Regulation 18 and Ihe proce '"re w ith Ihe exception of final order, may be delegated by the Competent Authority lo an olficei who is senior to the officer against w horn the proceedings are instituted and in the case of an employee to any OlfiwM
Pro\ ided Hut the Competent Authority mas, in his discretion nominate any Officer working in the Bank, including those deputed from other institutions, lo conduct the enquirs
41, Common enquiry
Notw ithstandmg anything contained in these Regulations, if two officers in different grades or an olficcr and an employee arc in\ oh cd jointly in an incident and disciplinary proceedings arc sought to be instituted against both of them and the Chairman is of the opinion that ha\mg regard to the tacts and circumstances of the case, the Competent Authority in respect of both the officer and employee should be the same, the Chairman ma\ direct that the Competent Authority in respect of the Officer shall be the Competent Authority in respect of both the officer and employee inv oh ed and a common enquiry shall be held into ihc charges against both of them and the delegation of power to enquire under Regulation 40 and the procedure, with the exception ol the final order shall be in fa\our of the same enquiry officer
42. Corrupt practices
Nolhwilhstandmg any thing contained in these Regulations, the following provisions,shall apply where it is alleged that an officer or employee lias been guilty ofcoi nipt practices, namely
(i) Where ii is alleged that an officer oi employee is possessed of disproportionate assets or that he has committed an acl of criminal misconduct or where the lmesligation and pi oof ofthe allegation would icqiiuc the c\ idence of persons who are not oificeis or emplo\ecs of the Bank or where in the opinion of the Chairman, the inv cstigation into the allegations cannot be com cnicntlv undertaken by the Bank, the inves- tigation into the allegations may be cni rusted to the Central Bui can oflnvcstigationorthc Central Vigilance Commission or such other Authority as may be approved by the Chairman
(ii) lfaftcr considering the report on the lmesligation. the Competent Authority is satisfied that there is a pnma facie case of instituting disciplinary proceedings against the officer or employee, he ma\ send the investi- gation repoit to the Central Vigilance Commission or such other Authority as may be decided by the Chairman fiom time to time in this behalf, foi us adv ice w hclher disciplinary proceedings should be taken up against the officer oi employee concerned)0 SHI 'A/rTTEOfiNDiA EXTRAORDINARY fP"ilfl--S' 41 (IU) If af this. Rcn'i'ion ar,i\ b*. enframed to 1 ( on>nuc> >ouci lor O.'paiunoo^illr'nciiiincs oran\ otlK'rpoisoa v\bomi\ benonvujtedh' i"err>ia'.-iiss'Oi k-i tins purpose
lixs IhcLnquirv OQjcersh.tll suomitins reporttot.ieI ompoi^ni Antiumiv ai'dtht report lull be lorw:"rcted b> the Competent Authority lolhei'cnhal Vmda.Ki, Commission fot itsadvirr as to\,holier thecnaifr MI rh>latiof. )8 Chi ponaln 01 pontlucb to bt uijposcd shall be decided b\ Cm Competent Autiictnlv allei tonsidenn" flic advice of She Ccntm" \igi lance (.'"oflimission
LxpianatioH Anolittci oi.cmplovcc ict ufu .1n1n.il niHcondtict :*defu.ed iui po\\cis\Mthdn improper or corrupt notiv c
43 Restriction on engagement ">t a Legal Practitioner
t'or the purpose of cn
41. Oisciplinai j {jsiK-a-tliags alter retirement
Ul \P Oif"ut. dr emplovte under suipe-usicn of at Harg ol ttusuiiiciiKt nh<;atta!m it,c igcut superannuation, iha!l t>c deemed to be ir bcr"ivt even after the a^e ot Mipcrdin nation I01 the spccihc purpose of tortimur.ton ,\vd ^CiK-iusion ui the diistipluvu, proceedings iml ls-iiic* of hn ii o-des tiiete.)n "in.li suspended rfllrer ot nnpioice shaU not be eligible S01 atu subsistence allowance for (!". period oevond (IK dale of supcr.Mnu.ei\ice on the date oi superaniudtiortbuttlKdiseipliiiarv prouediimb\MllcontMiue,i-.if he A as in sen lev. 'intil tlu priK.ce 1- ingjarc vonciuded and tin ii order I1, passed m rtspeei thvteot i IK enticciticdolfie '1 ui .niplovet. \v til iot ret (-'i\ v, aii\ pa\ aud/or allowanecs alter (Sic date 0! cup".r.,:iniuilion HJ uiil 1K0 nut be uitillcd ior the piuiuMl ol retireineiit benelils.Ull the ptoeccdtii{?sarceouipli*ifd and (In:il order 1*. passed HICK on evceot Ins on ii vontnbti- tion to L PI
/ xplannnon The norm ii retirement benefits suth is encashment 0! privilege leave and Oratuitv snonlj In.
* ithheid all the completion of the disctphnan proceedings and passim oS final order bv (he Competent Autl.onh The t :lejse of benefits would ^c is per the fmai Older of the said Author iD
45. Suspension
An officoi or enplovee 1n.1v be placed under suspension b\ She t osnpetent Authour, Dannn sueh -.nspc.isi
1. In case of ,tn Officer
(A) Basic Pa\
uj For the hrst thiee months 0! suspension l/lrd ol the basic p,i\ which the olliee-r v\as drawing on the dale prior to the dau 0! suspension irrcspeeti\e "l the ivmue of enquiry
(n) For the subsequent period
(a) where the cnquirv lslielddepirtmcntalh b> theRanV l/2olthclnsicpa\ tncolficerw isara\ungonthe date prior 10 the date ot suspension
(!>! where tl.eein|uirvisheldb\ an otusideat>cnev I irdot the basicpav toi Uienest thre-cmoi. hs u.don half 01 the remaining penod of suspense 1
(B) Allowances
For the entire penod of suspension, dearness allowance and other allowances excepting special allow anee if am will be calculated on the reduced pay as specified 111 terms of (1) and (ii) of clause (A) at the prevailing rates or at mies applicable to similar category of officers37 2. In case of 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 department.!lly 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)
(c) Where the enquiry is done by an outside agency and the said agency has come to the conclusion not lo prosecute the employee^ Ml pay will be payable after six months from the dale 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 reprcsentative(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-clauses (i) and (ii) (a) of Clause A al the prevailing rates or at rates applicable to similar category' of employees:
Provided that no officer or employee shall be entitled to icoehe 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 emplo^, e ^ retired by reason of his attaining the age of superannuation, no subsistance allowance shall be paid to him from the date oChis 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 subsistence 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 AuthoriU decides otherwise, no order shall be passed which shall have the effect of compelling the officer or employee to refund such subsistence 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 of receipt of the order appealed against. The Appellate Authority shall considerthe appeal and pass suitable order prefcrrably within a period of 6 months.
48. Appellate authorities
An appeal shall lie
(i) to 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) it shall be in writing and couched in polite and respectful language and shall be free from unnecessary padding or superfluous verbiage.
(b) it shall contain all material statements and arguments relief on and shall be complete m itself (c) it shall specify the relief desired.
(d) it shall not be addressed to directors personally.
539 GI/2001—638 THE GAZETTE OF INDIA EXTRAORDINARY (PART III—SEC 41
CHAPTER V
PAY AND ALLOWANCES
50. When accrue and payable
Subject to the provisions of these Regulations, pay and allowances shall accrue from the commencement of the service of an officer or employee and shall become payable on the last working day of the each month m respect of the service performed during the said month
51. When ceases
(1) Pay and allowances shall cease to accrue as soon as an officer or employee ceases to be in service (ii) In case of an officer or employee dismissed from the Bank's service, the pay and allowances shall cease from the date of dismissal
(m) 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 substantiv e
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 may be eligible for the following kinds of leave
(a) Casual Leave
(b) Privilege Leave
(c) Sick Leave
(d) Extraordinary Leave
(e) Special Casual Leavc and Special Leave
(I) 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 cannot be claimed as a right When exigencies of the serv ice so require, discretion to refuse or rev oke lenv e of any description is rcsened to the Compctcni Authority
Ort An officer or cmplovcc on leave mav be recalled to dun bv the Competent Authonlv w henev cr the Hank deems fit to do so
Prov ided that if the officer or employee is at that time out of headquarters, he shall be eligible to be paid the actual expenses incurred bv him and the members of his familv for reluming to the headquarters
56. Place of reporting on return from leave
An officer or emplovce on leave shall, unless otherwise instructed to the contrary, return for duty to the place where he was posted before proceeding on leave
57. Leave Not Admissible tor an officer or employee placed under suspension
No leave shall be granted to an officer or emplovce under suspension39
58. Casual Leave
(1) An officer or employee shall be eligible for casual leave on full emoluments for 12 working days in a calendar year:
Provided that not more than four days casual leave may be availed of at any one time and
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 calendar year of his service shall be admissible on a pro- rata basis at the rate of one day for 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 be 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- rcgulation(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 duly :
Provided that at the commencement of service no privilege leave may be availed of, before completion of 11 months of service 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.
13) An officer or employee on privilege leave shall be entitled to full emoluments for the period of leave.
(4) Privilege leave may be accumulated upto 31st December. 1989 for an aggregate period upto 180 days and from 1 st January 1990, the privilege leave may be accumulated upto not more than 240 days.
(b) When application should be submitted
(i) 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.
60. Sick Leave
(1) The sick leave/medical leave account of every officer or employee shall be credited with medical leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year (2)(a) The leave shall be credited to the said leave account at the rale of 5/3 days for each completed calendar month of service, which he is likely to render; in the sick leave/medical leave ofthe calendar year in which he is appointed.
(b) The credit for the sick leave/medical 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.
(c) When an officer or employee is removed or dismissed from service or dies while in service, credit of sick leave/ medical leave shall be allowed at the rale 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.
(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 ofthe period of "dies non' subject to a maximum often days;
40 THE GAZETTE OF INDIA: EXTRAORDINARY (PART Iff—SEC. 41Provided that sick leave/medical leave can be accumulated during his entire service subject to the following conditions:
(i) An officer or employee shall be eligible to receive one months roll 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.
(ii) Sick/medical leave will be granted on pro rata basis during the first year of service.
(iii) Sick/medical leave may be availed of only on production of medical certificate issued by medical practitioner acceptable to the Bank.
(iv) Any Officer or employee desirous of resuming duty on expiry of sick/medica) 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 days sick/medical leave for each completed year of service, 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 leave 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 leave is due to him and when having regard to his length of sen ice, sick leave is not considered justified by the Competent Authority. The duration of extra-ordinary leave to be granted to an officer or employee shall not exceed 90 days on any occasion and 160 days during the entire period of his service :
Provided that in exceptional circumstances the Chairman may with the approvaJ of Board grant extra-ordinary leave upto a total period of 720 days to an officer or employee :
Provided further that in case of chronic sickness of an officer or employee, the Chairman may with (he approval of the Board grant extra-ordinary leave in excess of 720 days to him and the Board, while according such approval, shall record the specific reasons therefore in writing.
(2) The Competent Authority may grant extra-ordinary leave in combination with or in continuation of lca\ c of am other kind admissible to the officer or employee save as otherwise provided in these Regulations.
(3) No pay and allowances arc admissible during the period of extra ordinary leave and the period spent on such leave shall not count for increment:
Provided that where the Competent Authority is satisfied that sanction of extra-ordinary leave was necessitated on account of illness or any other reason beyond the control of officer or employee, he may direct that the period of extra- ordinary leave would count for increment.
62. Special Casual Leave and Special Leave
An officer or employee may be granted special casual leave and special ten e for sports, donation of blood, family planning, defending another officer or employee in on enquiry, or for joining civil defence services or any other purpose as may be decided by the Board in accordance with the guidelines of the Central Go\ ernment
63. Maternity Leave
(i) Leave upto a period of three months at a time ma\ be granted by way of maternity leave including in respect of post natal period or at the time of miscarriage or abortion, so ho\vc\ er. that not more than 12 months of such leave shall be available during the entire period of service of a female officer or employee.
(ii) Maternity leave ma> be combined w ith any other kind of lca\ e but any leave applied for in continuation of (he former may be granted only if the request supported by a certificate issued by a medical practitioner acceptable to the Bank.
4164. Lapse of leave
All leave snail lapse on the dcaih 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 sen ice. mere shall be payable to his legal representatives, sums w hich would have been payable to the officer 01 employee as ifhe has availed of the privilege leave thai he had accumulated at the time of his death subject 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) of Regulation 59 Provided also that in respect of the employee where his sci vices are terminated o\\ ing 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
(i) The first day of leave ofan officer or employee is the working day succeeding that upon which he hands over charge,
(ii) The last day of leave ofan officer or employee is the working day preceding that upon which he reports his return to duty.
67. Joining time
(1) An officer or employee shall be eligible for joining (imc 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 ofan officer, a period not exceeding seven days c\clusive of the number of days spent of travel, and
(b) in respect ofan employee a period not exceeding six day s 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 joining time shall be admissible to an officer or employee when the transfer does not involve a posting to a different place.
(6) No joining 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- VII
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 contribution to the Provident Fund by the officer or employee and the Bank shall be in accordance with provisions of the aforesaid Act.
42 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 41(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 Government 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, ] 995.
69. Gratuity
1. An officer or employee shall be eligible for payment of gratuity in accordance with the Sub-regulalion 2 hcreundcr.
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) hercunder whichever is higher.
(3) (i) Every officer or employee shall be eligible for gratuity on—
(a) Retirement
(b) Death
(c) Disablement rendering him unfit for further service as certified by a Medical Officer approved by the Bank, or
(d) Resignation after completing 10 years of continuous service, or
(e) Termination of service in any other way except by way of punishment after completion of 10 years of service.
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 that extent only.
(ii) The amount of gratuity payable to an officer or employee shall he one month 'spay for every completed vear of service or part thereof in excess nf six months subject to a maximum of 15 month ,'y pay:
Provided that where an officer or employee has completed more than 30 years of service, he shall be eligible by way of gratuity for an additional amount at the rale ofone W / of a month's pa> for each completed year ofservicc beyond 10 years :
Provided further that in respect of an officer the gratuity is payable based on the last pay drawn :
Pro\ ided also that in respect of an employee pay for the purpose of calculation of the gratuity shall be the average of the basic pay (100%). dearness allowance and special allowance and officiating allowance payable during the 12 months, preceding death, disability, retirement, resignation or termination ofservicc. as the case may be.
70. Domicile
(1) E\cr> officer or employee shall on his appointment declare his domicile in writing to the Bank in Form B in Schedule ITI 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 v\ho has once indicated his domicile, shall be allowed to alter the same unless he satisfies the Bank thai the change is bona fide and in no case may an officer or employee be permitted to change his domicile in such a manner as to increase the cost to the Bank of any such concession
71. Transferability
Even officer or employee is liable for transfer to any office or branch of the Bank.
72. Implementation ;uid interpretation of Regulations
1I) The Chairman may. from time to lime, issue such instructions or directions as he may, consider necessary for giving eifect to. or earning 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 ncccssan.
4373. Repeal and 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 of Fidelity and Secrecy
Place • —
Date •—
I
do hereby declare that I will faithfully, truly and to the best of my skill andability execute and perform the duties required of me as officer or employee of the Sharda Gramin Bank and which properly relate the office or position held by me in the said Bank.
I 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 T 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 wilh the said Bank
Signed before me
Signature
Name injull
Designation.
Signature
Name in full
Designation.
CARE: (To be on the lines of GOT Rules)
SCHEDULE-II
f See Regulation 5 (4)1
Declaration to be obtained from every officer or employee on first appointment
1. Shri/Sml /Kum.
s/o. w/o. d/o _ _ _ _ __ declare as under:
(i) That lam unmarried/a widower/widow
(ii) That I am married and have only one spouse living.
(iii) That 1 have entered into or contracted a marriage with a person havmg 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, 1 shall be liable to be dismissed from service.
Date
Signature44 TOE GAZETTE OF INDIA EXTRAORDINARY [PART-IIT—SFO 41
SCHEDULE HI
ForniB
Declaration of Domicile
(See Regulation 70)
Place
Date
I. the undersigned, having been appointed in the sen ice of the Sharda Gramin Bank hereby declare (Place) in (District) as rm place of domicile
2 T he above is my place ofbirih
or
*Thc abo\c is not my place of birth M\ place of birth is (Place) in (Disinct) but _ __ (Place) has been declared as my place of domicile foi the reasons given below
Name in full
Designation and
Nature of appointment
Dale of appointment
Signature
* Strike out w hichcvcr is not applicable
K K kAKX)R Clwrmiui
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