BASH GRAMFN BANK

NOTIFICATION

Basti, the 5lh December, 2001

Basti Cram in Bank (Officers and Employees) Service Regulations, 2001

HO/Pcr/C-187.—In exercise of powers conferred by Section 30 of the Regional Rural Banks Aci, 1976 (21 of 1976)

I lie Board of Directors of Basti Gramin Bank after consultation with the Slate Bank of India being the Sponsor Bank and

llic National Bank for Agriculture and Rural Development and with the previous sanction of the Central Government

hereby makes the following regulations namely :—

ChLAFfER-l

PRELIMINARY

1. Short title, commencement and application:

lil These regulations may be called Basti Gramin Bank (Officers & Employees) Service Regulations, 2001

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

(iii) They shall apply to every Officer and Employee of the Bank

l'ro\ ided iliat 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

lb) a person on deputation from Sponsor Bank or the Central Government or the Stale Government orany other

organisation.

2. Definitions:

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

(a) "Aci" means the Regional Rural Banks Act, I97(> (21 of 1⁽>7(>)-

(b) "Appointed dale"" means the first day ol September. I 'JK7

(d) "Area Manager' mains an officer holding the charge of Area Office for the lime being.

(c)'Bank" means the Basti Gramin Bank established under sub-section (l)of Section 3 of the Act.

(0 "Board" means Hie 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 Die 1st day of January of on year and ending with

^ 1 si day of December of such year:

(i) "Compel cut Authority" means Hie Chairman in the case of officers and the officer designated by the

Chairman in the case of eniplo> ecs;

(j) "duty' includes •

(i) service as a probationer:

(ii) period during which ;ui officer or employee is on joining time:

(iii) period spent on casual leave, special casual leave duly authorised by the Competent Authority; and

(i\) period spent on training while in service,

(k) "emoluments" means llic aggregate of salary and allowances, if any:

(I)

Employee" means a person appointed to any of (he posts specified in Rc;_: .lations. 3(a)(2> and (3), and

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

THE GAZETTEOFINDIA-EXTRAORDINARY

IPAK i III—Sir 41

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

employee of Ihc 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) "Officer¹" means a person appointed to any of the posts specified in Regulation ?(a)( 1).

(oj "Pay" means basic pay drawn per month by (he officer or employee in a pay scale including stagnation

Increments and any pan of ihe emoluments which may specifically be classified as pay under these

Regulations,

(p) "Salan " means the aggregate of pay and deamesx allowance:

!?,; "Sponsor Bank" means the State Bank of India and:

(r) 'Senior Manager" means ;m officer not below the rank of officer in Scale 11 holding charge of a department

in Head Office

CHAPTER-n

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 1

(ii) Scale II

(iii) Scale III

with designation in relation to any of the scales

CO Officer

(ii) Branch Manager

(iii) Area Manager

(iv) Senior Manager

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

of the Central Government.

(2) Group B-Clerical Cadre

Clerical staff, namely Clerk-cum-Cashier, Clerk-cum-Typist Stenographer and such other allegories as may

be specified by Ihc Board from time to time with the prior approval of the Central Government.

(3) Group C-Subordinate Cadre

Subordinate staff, namely Messenger, Messengcr-cum-Sweeper, Driver, Drivcr-cum-Messengcr, Part-time

Mcsscnger-cum-Sweepcr, Security Guard 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 al all limes all the cadres or

categories of the officers or employees serving the Bank.

4. Tem|M)rary 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 lime 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 meel am exceptional

need or circumstance.

Provided that such appointments on adhoc 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 (he

Appointing Authority in respect of employees :

Provided that if there is no incumbent in the post of General Manager, the Chairman shall he Ihc 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 living.

(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 may ifsatisfied that such marriage is permissible under the personal law

applicable to suchperson and the other parry 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.

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 (he 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 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 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 1 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 six months.

(iii) 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 Cleric;)! or Subordinate Cadre shall be on probation lot a period of one

year which shall be extendable by the Appointing Authority fora 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 exceeding three

months.

(v)

Probation period in case of an officer or employee shall be liable to be extended within the permissible limit to

the extent of extraordinary leave availed of by him or if in the opinion of Appointing Authority his perfor-

mance was dissatisfactory during such period.

S3SS6 1 /-^Jt./ — i-f

THE GAZETTEOFINDIA: EXTRAORDINARY

|PARTIU—Sfic.4|

').

Confirmation

(i) An officer or employee shall be confirmed in the Bank's service if in (he opinion of the Appointing Authority,

the officer or employee has satisfactorily completed his probation.

(ii) Where during the period of probation, including (he 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 gh ing one

month's notice or pay in lieu thereof

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

which he was promoted.

1(1. Termination of Service by Notice

(1 )(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 oi discontinue his service or resign.

(b) Tlie 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

(O In case of breach by an officer or employee of Sub-Regulation (l)(b). lie shall be liable to pay lo die 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 (I) an officer or employee against

whom disciplinary proceedings arc pending, shall not leave, discontinue or resign from his sen ice 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 Competent Authority.

Explanation :

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

Regulation, ifhc has been placed under suspension or any notice has been issued to him to show cause win disciplinary

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

11.

Superannuation and Retirement

1I) (i) An officer or employee shall retire on completion of<>(> years of age:

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

prov ided hereinafter in Sub-Regulation (2) retire an officer or employee at any lime after completion of the :o v ears of age

oraflerthc completion of3() years oJ the total service in the Bank, whichev cr is earlier •

Prov ided further that no otficeror employee shall be retired under this Sub-Regulation unless notice in w riling has

been served on him at least three months in case of an officer and one month in case of an employee in ad\ ance or an

amount equivalent lo three months' pay in case of an officer and one month's pay in cascofau employee shall be given to

such officer or employee in lieu thereof

Provided also thai an officer or employee aggrieved by the order of (he Chairman, as provided in Sub-Regulation

(2). may within one month of the passing of (he order give in writing a representation to the Board against I he decision o\~

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

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

Board lo review whether an officer or employee should be retired in accordance with the Siib-Rcu'iilalion (I) Such

committee, shall, from time to lime, review the case of each of such officers or employ ces and make recommendation lo the

Chairman

/• \plumition •

For t h e p u r p o s e of this Regulation I he officer or e m p l o y e e w h o s e dale of birth is first day o f n i m i i h will retire o n

7.7

superannuation 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 calendar month shall retire on the

last day of that month.

CHAPTER III

RECORD OF SERVICE, SENIORITY, PROMOTION AND REVERSION

12.

Record of Service

A record of service shall be mai ntained 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 bv the Bank.

13.

Seniority

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

lists within a cadre, subject to the provisions of Sub-Regulations (3). (4). (5) and (0) and such instructions and

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

(ii) The seniority lists shall be review ed 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 ofa promolcc 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 I here arc two or more promotee officers or employees of the same length of sen ice in that cadre or

scale, their nitcrse seniority shall be reckoned with reference to their seniority in the immediately preceding cadre

or scale

preceding cadre or scale, (heir seniority shall be determined with reference to (heir seniority in the immediately

preceding cadre or scale, as the case may be.

(iv) The uiicr-st' seniority ofthe erstwhile Field Officers or Accountants vis-a-vis (he Branch Managers who were in

the sen ice of the Bank on the dale on which (he revised pay scales circulated by the Ministry of Finance.

Department of Economic Affairs. Blinking Division, New Delhi letter No. F.2/I7/79-RRB dated the 2^l> April, 1¹>S() are

adopted by the Bank, may be so reckoned that all erstwliile Field Officers and/or Accountants rank juniorto all the

then existing Branch Managers:

Provided that lhe//;fcr-.w seniority of officers or employees amongst themselves within a cadre or scale as existing

immediately prior to the Government Idler No. 1l-.VM-RRBd) dated 22 February, 1 *J*•-> 1 shall remain the same.

(\) The mwr-.vL¹ seniority of officers or employees directly recruited in a batch to any cadre orscale shall be reckoned

with reference to (he rank allotted lo them a) (he lime of their selection

Provided that if officers or employees recruited under the general or reserved categories are allotted lo (he Bank,

the nui-r-sc seniority amongst the candidates -so allotted who joined on the same dale shall be determined in

accordance with the marks obtained by such candidates w ilhoul adding notional marks for (he resen ed category.

14. Promotion

All promotions shall be made at the discretion of the Hank and lo officer or employee shall claim as a matter of right

lo be promoted to any post or cadre .

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

by the Central Go\ ermneni in terms of Section 29 ol'ilic 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 lo the undergoing probation for any specific period or otherwise, shall be liable to be

reverted without notice at anv time where he is so officiating or undernoiim probation.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART III—SEC. 4]

CHAPTER IV

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

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

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

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

IS. Obligation to maintain secrecy

Every officer or employee shall maintain the strict secrecy regarding the Banks affairs of its constituents and shall

not divulge, directly or indirectly, any information of a confidential nature either to a member of the public orto 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 even staff shall subscribe to a declaration in Schedule No. 1.

1'). Obligation to Promote the Bank's interest

Even' officer or employee shall serve the Bank honestly and faithfully, and shall us^e 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 Banks constituents and customers.

20. Contribution to Press, Radio, etc,

No officer or employee shall contribute to the press or radio or television etc.. anything 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 cmplo> ee not to seek outside employment or business or to promote fam ily 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 :

Provided that an officer or employee may. without such sanction, undertake honorary work ofa social or charitable

nature or occasional work ofa 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.

/• xplannlion

(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 b> 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.

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

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

be registered under the Companies Act, l')5d (I of 1¹J3<>) or any other law for the time being in force or any

cooperative society for commercial purposes

Pro\ ided that an officer or an employee may take part in registration, promotion or management ofa cooperative

society registered under the Cooperative Societies Act. 1 *J 12 ( 2 of 1912) or any other law for the lime being in force,

or of a literary, scientific or charitable society registered under the Societies Registration Act, I860

( 21 of 18(>(>) or any corresponding law in force.

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

v\ iihout the sanction of the Competent Authority

I¹)

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

(i) Ail 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) Ail 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 o\ erslayal, 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 (hat the Officer

or Employee has remained absent or overstated his leave under circumstances beyond his control and direct that 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 Officcr-in-Chargc or Branch Manager, in other cases.

24. Prohibition to accept gifts and down

(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 down⁷;

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

dowry.

Explanation .

For tiicpurpose of this Regulation, dowry has the same meaning as in the Down¹ Prohibition Act. I W> 1 (2X of 1 W> 1)

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

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 I en dings, 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 OT 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

withthc Bank;

(ii) buy or sell stocks, shares or securities of any description without funds to meet the lull cosi in the case of

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

(iii) incur a debt at a race meeting.

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

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

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

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

THE GAZETTE OF INDIA: EXTRAORDINARY

[PAIU III—Sr<\4|

Provided that an officer or employee may give lo or accept Irom a relative orpcrsonal friend ;i purely temporary

loan of a small amount free of interest or operate a credit account with a hona fide tradesman or make an adMinccofpay lo

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 ofhis position half yearly

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

officer or employee who makes u 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 lo

dismissal.

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

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

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

time if it appears, having regard to his personal resources and unavoidable current expenses that lie will noi cease to be in

debt within a period of two years

27. Movable, immovable and valuable property

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

regarding;

(a) die 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 bv

him;

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

Provided that in the case ofan officerwho is already in service in the Bank on the date these Regulation come into

force, shall submit a return in tenn of this Regulation within three months of coming into force ofthese 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

year before 30th April of that year

(3) No officer shall except 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 own name or in the name of any member of

his family.

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

transaction is :

(a) with a person having official dealings with the o fficer,

(b) otherwise than through a regularor reputed dealer.

(4) Every officer shall report to die Competent Authority every transaction concerning movable property owned

or held by him either in his name or in the name of a member of his family if the value of such 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 dealing with the officer.

(b)

otherwise than through a regular or reputed dealer

-11

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

lime, 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 such statement, if so required by the bank, include the details ofthe 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

party to the marriage: and

(b) There are other grounds for so doing.

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

intimate the fact to the Bank.

29. Officer or employ ec 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 Authority, be treated as being orhavingbecn 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 (he 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 (I) shall be subject to adjustment of his pay

and allow anccs which shall be made according to the circumstances of (he case and in the light ofthe decision as to whether

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

Provided (hat 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 ofall 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.

(i) (a) An officer or employee shall be liable to dismissal or to any of the otherpcnalties referred to in Regulation

^S. if he is committed to prison fordcbi 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 ofthc 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 nay be imposed as from the dale of his committal to prison or conviction and

nothing in Regulation 3S shall apph to such imposition.

(4) Where an officer or employee has been dismissed in pursuance of Sub-Regulation (1) 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 sen ice.

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

been arrested for debt or on criminal 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, (he officer or employee

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

circumstances beyond his control

3(1. Prohibition against participation in politics and contesting elections

No officer or employee shall take an active part in politics or in any political de-mo (ration or contest election as

member for a Municipal Council, /ila Parishad. District Board or any other local orLegislai J Body.

3 2

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART III—SEC. 41

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 to be a member or office-bearer of, or be otherwise directly or indirectly associated with,

any trade union of (he employees of the Bank who arc 'workman' within the meaning of that Act, or a

federation of 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 'workman¹ as

aforesaid, this Regulation shall also apply so long as such employee officiates i,n such higher grade orpost.

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

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

Stales, public order, defamation or incitement to offence.

32. Giving evidence

(i) No officer or employee shall, except with the previous approval of the Compel ent 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 Slate 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 testimonial or attend any meeting or entertainment held in his honour

or in ihc 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 Ihc occasion of his retirement or transfer or any person who has recently quit

Hie service ofthc 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

employ ee 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 Ihc 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

lie 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 thai the performance of his duties at any time is not affected in any way by the

influence of such drinks, dnigs or materials.

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

Explanation :

For the purpose of this Regulation "public place" means any place orpremiscs (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

tlie public have or arc 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 Ihe purpose of this Regulation, "sexual harassment' includes such unwelcome sexually determined behaviour,

whether directly or otherwise, as :—

(a) Physical contact and advances,

(b) Demand or request for sexual favours.

(d) Show ing any pornography, or

(e) Any oilier unwelcome physical, verbal or non-verbal conduct ofa sexual nature.

38. Penalties

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

Regulations or who displays negligence, inefficiency or who commits acts detrimental to the interests of Ihe Bank or in

conflict with its instructions, or who commits a breach ofdiscipline or is guilty ofany other acts of misconduct, shall be

liable for any one or more penalties as prescribed hereinafter.

I. Officers

(a) Minor Penalties

(i) ("ensure

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

(iii) Withholding ofpromotion.

(b) Major Penalties

(i) Recovery from emoluments or such other amounts as may be due to him. ofthc whole or part or any pecuniary loss

caused to the Bank by negligence or breach of orders.

(ii) Reduction to a lower grade or post, or to a lower scale in a time scale

(iii) Compulsory retirement.

(iv) Removal from service which shall not be a disqualification for future employment.

(v) Dismissal.

i'xplanalian :

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

(i) withholding of one or more increments of an officer on account of his failure to pass a prescribed departmental lest

or examination in accordance with tlie terms of appointment to the post which he holds.

(ii) stoppage ofincrcment(s) of an officer at the efficiency bar in a lime scale, on the grounds ofhis un fitness to cross

(he bar.

(iii) not giving an officiating assignment or non-promotion of an Officer to a higher grade or post font hich he may be

eligible for consideration, but for which he is found unsuitable after consideration of his case.

(iv) reserving or postponing the pro motion of an Officer for reasons like completion of certain requirement lor promo-

tion or pendency of disciplinary proceedings.

33£Sui l^rtJ—

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART III—SEC. 41

(\) reversion to a lower grade or post of an Officer officiating in n higher grade or post, on the ground thai 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 ofan 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

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 Ihc imputations of lapses against him and

given an opportunity to submit his written statement of defence within a specified period not exceeding 1 .'i days or such

extended period as may be granted by Ihc Competent Authority and the defence statement, if,in\. 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 ifproved. the Bank does not intend to impose the punishment ofremoval

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.

If. 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 in crcment( s)

(iii) withdrawal of special allowance

(iv) 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

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

(vi) dismissal:

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

by an order in writing signed by tlic 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 lie shall luivc 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 rcmo\ al or

dismissal; and

(ii) die Bank has issued a show cause notiec 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 oT Regulation 38 may be waived by the Competent Authority :

(a) if the facts on the basis of which penalty isto be imposed on Ihe officer or employee ha\ e been established

in Ihc Court of Law or Court Martial; or

(b) where die 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

(e) where it is reasonably not practicable to observe the procedure prescribed under Regulation IX-

Provided that no requirements of Regulation 38 may be waived unless reasons for doing so arc recorded in w riling

and placed before the Board.

40. Delegation of the power to enquire

The enquiry under Regulation 3« and the procedure with the exception of final order, may be delegated by Ihe

Competent Authority to an officer who is senior to the officer against whom the proceedings arc 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, lo conduct the enquiry.

41. Common enquiry

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

employee are 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 (lie facts and circumstances of the case, the Competent Authority

in respect of both Ihc officer and employee should be the same, the Chairman may direct lhat 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 die 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 lias 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

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

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.

THE GAZETTE 0F1NDIA: EXTRAORDINARY

[PART III—SEC. 4]

(ii) If Lifter 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.

(iii) If after considering the advice of the Central Vigilance Commission orsuch other Authority, as thecasemay

be, the Competent Authority is 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 othcrperson who 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 lo 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 penally or penalties to be

imposed under Regulation 38. The penalty or penalties to be imposed shall 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 11,14,15 and 16 of the Prevention of Corruption Act, 1988 or he has acted for

an improper purpose orin a corrupt manner or had exercised or refrained from exercising his powers with an improper or

corrupt motive.

43. Restriction on engagement of a I^c^al Practitioner

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

ofthc Competent Authority

44. Disciplinary procuiMlingN after retirement

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

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.

f ii) The officer or employee againsl whom disciplinary proceedings have been initiated will cease lo be in service on

I he date of superanimalionbut the disciplinary proceedings will continue as if he was in service until theproceed-

ings arc concluded and final order is passed in respect thereof. The concerned officer or employee will not receive

any pay and/or allowances after (lie date of superannuation. He will also not be entitled for the payment of

retirement benefits till the proceedings are completed and final orderis passed thereon except his own contribu-

tion loCPF

Explanation The normal retirement benefits such as encashment of Privilege leave and Gratuity should be

w ithhcld till Ihe completion of the disciplinary proceedings and passing of final order by the Competent Authority. The

release of benefits would be as per Ihe 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 ul fiecr or employ ee shall be entitled for subsistence allowance as under:

I. In case of an Officer

(A) Basic Pay

(i) For the firs! Ihrcc months of suspension 1/Vd of the basic pay which the officer was drawing on the date

prior to the dale of suspension irrespective of the nature of enquiry.

(ii) For (he subsequent period :

(a) \\ here the enquiry is held deparlmcntally by the Bank 1/2 of the basic pay the officer was drawing on the

dale prior lo the dale of suspension,

(b) where the enquiry¹ is held by an outside agency 1 /.Ird of the basic pay for the next three months and one

halfof the remaining period of suspension.

(B) Allowances

For the entire period of suspension, clearness 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.

2. In case* of an employee

(A) Basic Pay

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

to die 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 Uic basic pay, the employee was drawing on

the dale prior to the date of suspension.

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

employee or any of his rcpresentative(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 hi the event the enquiry is not delayed for

reasons attributable to the employee or any of his rcpresentative(s).

(B) Allowances

Forthe entire period of suspension dcaruess 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) fa) of Clause (A) at the prevailing rates

oral rates applicableto similar category of employees .

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

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

Provided further that ifduring the period of suspension an employee- retired by reason ofhis attaining the age of

superannuation, no subsistence allowance shall be paid to him from the dale of his retirement

4(>. 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 Ihe subsistence allowance and the emoluments which he would have received but fur 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 subsistence allowance The

period during which an officer or employee is under suspension shall, if he is not removed/dismissed from the sen ices, be

treated as period spent on duly 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

injurioush affects his interest

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

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

preferably within a period of fi months

48. Appellate authorities

An appeal shall lie.—

(i) to Ihe Board where the Chairman or Committee or Directors is the Competent Authority,

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

THE GAZETTE OF TND1A: EXTRAORDINARY

[PART III—SEC. 4]

4'>. Requirement of an appeal

Even¹ appeal shnll comply with the following requirements:

(a) il 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 in itself,

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

CHAPTER V

PAY AND ALLOWANCES

50. When accrue anil payable

Subj ect to the provisions of these Regulations, pay and allowances shall accrue from the commencement of the

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

sen ice performed during the said month.

51. When censes

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

(ii) In case of an officer or employee dismissed from the Bank's service, thepay and allowances shall cease from the

date of dismissal

(iii) In tlic 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 sen ice 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 ofthese Regulations an officer or employee may be eligible forthe following kinds of

leave.

(a) Casual Leave

(b) Privilege Leave

(d) Extraordinary Leave

(e) Special Casual Leave and Special Leave

(0 Maternity Leave.

54. Authorities empowered to j»riint leave

The power to grain 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 sen ice so require, discretion to refuse or revoke leave

of any description is resened to the Competent Authority.

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

fit to do so :

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

expenses incurred by 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 1o the contrary', return for duty to the place

where he was posted before proceeding on leave.

57. Leave not admissihle for an officer or employee placed under suspension

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

58. Casual Leave

(1) An officer or employee shall be eligible for casual leave on full emoluments for 12 working days in ;i 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 for 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 (hereof.

(3) (a) Casual leave not availed of in a calendar year may be suffixed orprefixed 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 M),

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

regulation (3)(a) above, special casual leave under Regulation 62 and maternity leave under Regulation (>\

59. Privilege Leave

(a) Scale on which Privilege leave is earned

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

duty :

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 Ihe period which

he has earned less the period availed of.

(3.) 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 31 st December, 1989 for an aggregate period upto I so days and from

1st January, 1990, the privilege leave maybe accumulated upto not more than 240 days

(b) When application should be submitted

(i) Application forprivilegc leave shall be submitted by an officer or employee one month before I he 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 Ihe first day of January and July of every calendar year

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

month of service, which he is likely to render, in the sick leave/medical leave of the ealendai , ear in which he is appointed.

THE GAZETTE OF INDIA: EXTRAORDINARY

IPARTIII—SKC\4|

(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 uplo Ihe date of retircincnl 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.

(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 al the commencement of next sick

leave/medical leave shall be reduced by one eighteenth of the period of 'dies non' sub j eel to a maximum of ten days:

Provided that sick leave/medical leave can be accumulated during his cnlirc service subject to Hie following

conditions:

0) 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.

(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 medi cal practitioner

acceptable to the Bank.

(iv) 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 duiy.

Explanatton :

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 appoinlcd date an officer or employee shall be eligible for 20 days of sick/medical leave for each

completed year of service.

61. Extraordinary Leave

(1) Extraordinary 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 service, sick leave is not considered justified by the Compel cnl Authority. The duration of

extraordinary leave to be granted to an officer or employee shall not exceed 90 days on any occasion and 3<>0 days during

the entire period of his service:

' Provided that in exceptional circumstances the Chairman may with the approval of Board grant extraordinary 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 the approval of

the Board grant extraordinary leave in excess of 720 days to him and the Board, while according such approval, shall record

the specific reasons therefor in writing.

(2) The Competent Authority may grant extraordinary leave in combination with or in continuation of leave of any

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 extraordinary leave and the period spent on such

leave shall not count for increment:

Provided that where the Competent Authority is satisfied that sanction of extraordinary 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 leave for sports, donation of blood, family

planning, defending another officer or employee in an 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 Government.

63. Maternity Ix'ave

(i) Leave uplo ;i period of tlirce months nl a lime may be granted by way of malcrnily leave including in respect of

posl natal period or at Ihe time of miscarriage or abortion. sohowc\ er. that not more than 12 months of such leave shall be

available during the entire period of sen ice ofa female officer or employee.

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

former mav be granted only iflhe request supported by a certificate issued by a medical practitioner acceptable to the Bank.

64. Lapse of leave

All leave shall lapse on the death of an officer or employee or ifhe ceases lo be in the service of the Hank .

Pro\ ided that where an officer or employee dies in service, there shall be payable to his legal representatives, sums

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

at the lime ofhis death subject to Sub-regulation (a)(4) of Regulation 59

Pro\ ided further that where a staff retires from (he Hank's service, he shall be eligible to be paid a sum equivalent

lo the emoluments for the period of privilege leave he had accumulated subject to Sub-regulation (a)(4) of Regulation 54 ;

Pro\ ided 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 ofpri\ ilege leave at his credit

65. Furnishing of leave address to the Bank

An officer or employee who has been sanctioned leave and leases his place of duty shall furnish lo 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 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 day preceding that upon which he reports his

return lo duty.

67. Joining time

1I) An officer or employee shall be eligible for joining lime on one occasion lo enable him

(a) to join a new post to which he is appointed while on duly in his old posl. or

(b) to join a new posl on return from leave.

(2) The period of joining lime shall be :

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

and

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

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

place ofold or new posting, whichever is less.

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

posl shall be excluded •

Prov ided that public holiday s following the day ofhis relief shall not be included in computing the joining time.

(5) No joining lime shall be admissible lo an officer or employee when the transfer docs not involve a posting to a

different place.

((>) No joining lime shall be admissible to an officer or employee when his posting is oftemporary 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 lo an officer or employee when the transfer is at his own request.

33 BSSiZ/j^/— ^

THE GAZETTE OF INDIA EXTRAORDINARY

|P.\RI IIT—SEC 41

CHAPTER-VII

MISCELLANEOUS

68. Provident Fund ;md Pension

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

Provident Fund and Miscellaneous Pm\ isions Act. 1952 (19 of l^l>52) shall be a member of the Employees' Pro\ idenl Fund.

The contribution lo Ihe Provident Fund by the officer or employee ;ind the Bank shall be in accordance with provisions of

Ihe aforesaid Acl.

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

Provisions Acl, 1952 (19 of 1952) shall be governed by (he provisions of Employees Pension Scheme. 1995 framed by Ihe

Government of India in exercise oflhe powers conferred by Seclion d4 of the said Acl.

(b) The Pension Scheme so framed shall come into force from the 1 dih day of November. 1995

6'J. Gratuity

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

hercunder.

2. The amount of gratuity payable loan officer or employee shall be either as per the provisions of (lie Pay menl of

Gratuity Acl, 1972 or as per Sub-Regiilalion (3 )hereundcr whichever is higher

(3) (i) Every ofRccror employee shall be eligible for gratuity on—-

(a) Retirement

(b) Death

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

(e) Termination of service in any other way excepl by way of punishment after completion of 10 years of sen ice

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 Ihe bank and in thai case lo thai e.xlcnt only

(ii) The amount of gratuity payable to an officer or employee shall be one months' pay for every completed year

of service or part thereof in excess of six months subject to a maximum of 15 months' pay :

Provided thai where an officer or employee lias completed more than 30 years ofservicc. he shall be eligible by way

ofgratuity for an additional amount al the rale of one half ofn montlispay for each completed yearofservicc beyond 30

years:

Provided further (hat 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 ofcalculation of the gratuity shall be Ihe average

of the basic pay (100'! -ii). deamess allowance and special allowance and officiating allowance payable during the 12 months,

preceding death, disability, retirement, resignation or termination of sen ice, as Ihe case may be.

7(1. Domicile

(1) 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 binh heiuusl establish the same to the satisfaction of t lie Appointing

Authority

(2) No officer or employee who has once indicated his domicile, shall be allowed lo alter ihe same unless he

satisfies (lie Bank that Ihe change is bonafide and in no case may an officer or employee be pcnnillcd to change his domicile

in such a manner as lo increase (he cost lo the Bank of any such concession.

71. Tr;msfcrability

Fvcry 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 lime to lime, issue such instructions or directions as lie mav consider necessary lor

giving effect to, or cany ing out the provisions of these Regulations.

(2) The Government of India may nfler consiillalion vvitli (lie National Bank interpret Iliese Regulations as and

when considered necessary

73. Repeal and Savings

(1) Even- rule, regulation, bye-law. Oi any provision in any agreement ora 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 he deemed

1o have been made or taken under the provisions of these regulations

SCHEDULE I

(See Regulation 1N )

Declaration of Fidelity and Secrecy

Place-

Dale;

. do hereby declare Ihnt I will faithfully, truly and to the best of my skill andabilily

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

t3ankiind

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

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

information relating to the affairs of the said B;uik or to the affairs of am person having any dealing with the said Bank and

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

or in possession of the said Bank and relating lo the business of the said Bank or the business of any person ha\ ing any

dealing with the said Bank.

Signed before inc.

Signature

Name in lull

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 first appointment

I, Shri/Smt/Kum

s/o, w/o, d/o

declare

as under:

(i) That 1 am unmarried/a widower/widow.

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

(iii) That I have entered into or contracted a marriage with aperson having a spouse living Applical ion for grant

of exemption is enclosed.

(iv) To be modified.

THE GAZETTC OF INDIA: EXTRAORDINARY

[PART III—SEC. 4}

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

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

Date.

Signature

SCHEDULE ffl

FormB

Declaration of Domicile

(See Regulation 70)

Place:

Date:

The undersigned. ha\ ing been appointed in thesetvice of the

Bank hereby

declare

(Place) |n

(District) as my place of domicile.

*Thc above is nn place of birth

*Thc above is not my place of birth My place of birth is

(Place) in

(District) but

(P.lace) has been declared as my place ofdomidleforthe reasons given below:

Name in full

Designation and

Nature of appointment

Dale of appointment

Signature

* Strike out whichever is not applicable.

ZAMR HASAN. Chairman

[No. ADVT/m/iV/74N/2001/Exty.]

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