BEGUSARA1 KSHETRIYA GRAMIN BANK Begusarai Kshetriya Gramin Bank (Officers and Employees) Service Regulations, 2000 Begusarai, the 20th March. 2002

REGD. NO. D. L.-33004/99 The Gazette of India

EXTRAORDINARY

PART III—Section 4

PUBLISHED BY AUTHORITY

No. 70] NEW DELHI, THURSDAY, APRIL 4, 2002/CHAITRA 14, 1924

1136 GI/2002

(1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PARI III—SEC. 4] 3 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART in—SEC. 4] 5 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC 4] 7 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] 9

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BEGUSARA1 KSHETRIYA GRAMIN BANK

NOTIFICATION

Bcgusunii. the 20th March. 2002

Bcgusarai Kshetriy;i Gram in Bank (Officers and Employees) Service Regulations, 2000

HO/SF Misc./122/20(11-02.—In exercise of powers conferred b> section 30 of the Regional Rural Banks Act 1976 (21 of 1¹)76) the Board ofDircctors of Bcgusarai Kshctriya Grainin Bank (Name of the bank) after consultation with the UCO Bank (Sponsor Bank) being the Sponsor Bank and the National Bank for Agriculture and Rural Development and withlhe previous sanction of the Central Government hereby makes the following regulations namely :—

CHAPTER-1 .

PRELIMINARY

1. Short title, commencement and application:

(i) These regulations may be called Bcgusarai Kshctriya Gramin Bank (Officers& Employees) Service Regula- tions. 2000.

(ii) These regulations shall come into force on the date oflhcirpublicaiion in the Official Gazette, (iii) They shall apply lo every Officer and Employee oflhc Bank

Provided that they shall not apply, except as otherwise provided in these regulations or to such extent as may be specifically orgcncrally specified bv the Board lo •

(a) a person employed temporarily on dail\ wages or lo such person engaged on contract

(b) a person on deputation from Sponsor Bank orthe Central Government or the Slate 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. I W> (21 of ll)76).

\b) •Appointed dale" means the first day of September. 1^X7.

(c) "Appointing Authority" means the authority prescribed in Regulation 5( I):

(d) "Area Manager' means an officer holding the charge of Area Office forihc time being:

(e) "Rank" means Hie Begusarai Kshclriya Gramin Bank established under sub-section (1) of Seel ion 1 of the Act

(I) "Board" means the Board of Directors of I lie Bank.

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

(h) "Calendar Year" means the period commencing from the 1st day ofJanuary of an year and ending with 3 I st day of December of such year:

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

(j) "duly" includes

(i) service as a probationer,

(ii) period during which an officer or employee is on joining time.

(iii) period spent on casual leave, special casual leave dul\ authorised by the Competent Aulhorilv. and (iv) period spent on training while in sen ice.

(k) "emoluments" means me aggregate of salar\ and allowances, if any.

(I) "r.inployec" means a person appointed to any of the posts specified in Regulations 3(a)(2) and (3). and includes such cmplo\ ees whose sen ices are temporarily lent lo oilier organisations:

(m) "Family" means and includes the spouse of the officer or employee (if the spouse is also noi 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 UCO Bank and;

(r) "Senior Manager" means an officer not below Ihc rank of officer in Scale II holding charge ofa department in Head Office.

CHAPTER-1I

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) Scald

(ii) Scale II

(iii) Scale III

with designation in relation lo 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 b_\ the Board from time lo time with the approval oflhc Central Government.

(2) Group B-Clerical Cadre

Clerical staff, namely Clcrk-cuin-Cashicr. Clcrk-cum-T\pist Stenographer mid such other categories as may be specified by the Board from time to lime with the prior approval of the Central Government.

(J) Group C- Subordinate Cadre

Subordinate staff, namely Messenger. Mcsscnger-cum-Swcepcr. Driver. Driver-cum-Mcssengcr. Part-time Mcssengcr-cum-Swcepor, Security Guard and such other categories as may be specified by the Board from time to time with the prior approval of the Centra) 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 lo such general or specific instructions as may be issued by the Board from time, to lime 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 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 Sen ice

(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 die 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 if satisfied that such marriage is permissible under Ihc personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt from the operation of the Rule.

(ii) Declaration

' Even' officer or employee on his first appointment in the sen ice of the Bank shall furnish a declaration about his marital status as per Schedule II.

6. Scales of Pay and Allowances

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

Sen ice 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 ofjj^r of appointment made to him :

Provided that in the event of his joining in 111011110110011 of such working day. he shall not be entitled lo 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 Authori'5 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 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 fora 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 fora period not exceeding six months.

(b) An employee in Subordinate Cadre promoted to a post in Clerical Cadre shall be on probation fora 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 limits to the extent of extraordinary leave availed of by him or if in the opinion of Appointing Authority his performance was dissatisfactory during such period.

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 Banks 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 Competent 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. Superannuation and Retirement

(1) (i) An officer or employee shall retire on compl^ionof60 years of age:

Provided that the Chairman may at his discretion, orivecommendation by the Special Review Committee as provided hereinafter in Sub-Regulation (2) retire an officer or employee at any time after completion of the 55 years of age or after the completion of 30 years of the total service in the Bank whichever is earlier:

Provided further that no officer or employee shall be ret^d under uMs Sub-Regulation unless notice in writing has been served on him at least three months in case of an officer and on month in case of an employee in advance or an amount equivalent to three months' pay in case of an officer and one monta's 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 the order of the Chairman, as provided in Sub-Regulation (2), may within one month of the passing of the order give in writing a representation to the Board against the decision of 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 of the Board to review whether an officer or employee should be retired in accordance with the Sub-Regulation (1) Such committee, shall, from time to time, review the case of each of such officers or employees and make recommendation to the Chairman.

Explanation :

For the purpose of this Regulation the officer or employee whose date of birth is first day of month will retire on superannuation on the last day of the previous month on which he completes the age of superannuation. The officer or27 employee who attains the age of superannuation on a day other than the first day during a calendar month skill retire on the last day of that month.

CHAPTER-m

RECORD OF 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 at such place orplaccs and shall be kept in such form and shall contain such information as may be specified from time to time by the Bank.

13. Seniority:

CO The Bank shall maintain separate seniority lists for each cadre of officer or employee and caiegory-uisc seniority lists within a cadre, subject to the provisions of Sub-Regulations (3). (4). (5) and (6) and such instructions and guidelines as may be issued by the Board from time to time.

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

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

(b) Where there are two or more promotee officers or employees of the same length of service in that cadre or scale, their inter-se seniority shall be reckoned with reference to their seniority in the immediately preceding cadre or scale.

(C) Where there are 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 Division, 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/or Accountants rank j unior to all the then existing Branch Managers :

Provided that the inter-se seniority of officers or employees amongst themselves within a cadre or scale as existing immediately prior to the Government letter No. 11 -3/9O-RRB(I) dated 22 February, 1991 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 arc 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

Allpromotions shall be made at the discretion of the Bank and no officer or employee shall claim as a matter of right to be promoted to any post or cadre :

Provided that promotions of officers or employees in the Bank shall be made hi 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.

CH AFTER -IV

CONDUCT, DISCIPLINE AND APPEALS

16. Scope of an officer'*) 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 theregulationsand orders

Every officer or employee of the Bank shall conform to and abide by these Regulations, and shall also observe, comply with and obey all orders and directions which may. from time to time, be given to him by any person or persons under whose jurisdiction, superintendence or control he may. for ihe time being, be placed.

18. Obligation to maintain secrecy

Every officer or employee shall maintain the strict secrecy regarding the Bank's affairs of its constituents and shall not divulge, directly or indirectly, any information of a confidential nature cither to a member of the public or to theBank's staff, unless compelled to do so by judicial or otlier authority or unless instructed to do so by a superior officer in the discharge of his duties To signify this every staff shall subscribe to a declaration in Schedule No. 1.

IV. Obligation to Promote the Bunk's interest

Every officer or employee shall serve the Bank honestly and faithfully, and shall use his utmost endeavour to promote the interests of the Bank and shall show courtesy and attention in all transactions and dealings with officers of Government, the 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 employee not to seek outside employment or business or to promote family business.

No officer or employee shall accept, solicit or seek any outside activity, employment or office, whether stipendary or honorary without the previous sanction of the competent authority

Provided that an officer or employee may. without such sanction, undertake honorary work of a social or charitable nature or occasional workofa 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

Explanation :

(i) Every 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..

(if) Canvassing by an officer or employee in support of the business of insurance agency or commission agency, owned or managed by a member ofhis 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, lake part in the registration, promotion or management of any bank or other company which is required to be registered under the Companies Act. 1956 (I of 1 lJ56) or any other law for the lime being in force or any cooperative society for commercial purposes:

Provided that an officer or an employee may lake part in registration, promotion or management of a cooperative society registered under Uic Cooperative Societies Act. 1912 (2 of 1912) or any other law for Ihe time being in force, or of a literary, scientific or charitable society registered under the Societies Registration Act. 1860 (21 of 1860) or any corresponding law in force.

(iv) No officer or employee shall accept any fee for any work done by him for any public body or any private person without the sanction of the Competent Authority.

22. 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 ovcrstayal, 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 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 Officer-in-Charge or Branch Manager, in other cases.

24. Prohibition to accept gifts and dowry

(i) An officer or employee shall not solicit or accepl orpcrmit 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 sh

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

or

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

Explanation :

For thepurpose of this Regulation, dowry lias 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 that nothing in this Regulation shall be deemed to prohibit an officer or employee from milking a buna fide investment of his own funds in such manner as he may wish

Explanation :

Frequent purchase or sale of slocks, shares or securities of any institution or commodities of any description shall be deemed to be speculation Tor the purpose of this Regulation.

26. Restrictions on lending, borrowings and investments

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

(i) borrow or permit any member of his family to borrow or otherwise place 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 tuning dealings with the Bank.

(ii) buy or sell slocks, shares or securities of any description without funds to meet the full cost in the case of a purchase ofscrips or delivery in the case ofa sale:

(iii) incur a debt at a race meeting:

(iv) lend money in private capacity lo 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 indemnity in such capacity another person from loss except with the previous permission of the Competent Authority :

Provided that an officer or employee may give to or accept from a relative orpersonal 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 credit society of which he is a member.

(2) An officer or employee shall so manage his private affairs to avoid insolvency or habitual indebtedness. An officer or employee who is in debt shall furnish to the Competent Authority a signed statement of his position half yearly on the 30th June and 31st December and shall indicate in the statement the steps he is taking to rectify his position. An officer or employee who makes a false statement under this Rule or who fails to submit the prescribed statement or appears unable to liquidate his debts within a reasonable time or applies for the protection of an insolvency court shall be liable to dismissal.

Explanation 1: For the purpose of this Rule an officer or employee shall be deemed to be in debt if his total liabilities, exclusive of those which are fully secured, exceed his substantive pay for twelve months.

Explanation 2: An officer or employee shall be deemed lo be unable to liquidate his debts within a reasonable time if it appears, having regard to his personal resources and unavoidable current expenses, that he will not cease to be in debt within a period of two years.

27. Movable, immovable and valuable property

(1) Even' officer on his first appointment shall submit a return of his assets and liabilities giving full particulars regarding:

(a) the immovable property, inherited by him or owned or acquired by him or held by him on lease or mortgage, cither in his name or in the name of any member of his family:

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

(c) other movable property inherited by him or similarly owned or acquired or held by him: and

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

Provided that in the case of an officer who is already in service in the Bank on the dale these Regulation come into force, shall submit a reiurn in term of this Regulation within three months of coming into force of these Regulations, Uic return being with reference to the assets and liabilities as enumerated above, of the officer on the dale of these Regulations come into force.

(2) Every officer shall submit a return oCthe immovable/movable property to the Bank as on 31 st March of each year before 30th April ofthat year.

(3) No officer shall except with the prior intimation to the Competent Authority acquire or dispose ofany immov- able property by lease, mortgage, purchase, sale, gift or otherwise either in his own namcorin the name of any member of his family:

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

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

(b) otherwise than through a regular or reputed dealer.

(4) Every officer shall report to the Competent Authority even transaction concerning movable properly owned or held by him cither in his name or in the name of a member of his family if the value of such a properly exceeds Rs. K).(KX)/-

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.

or

(b) otherwise than through a regular or reputed dealer.

(5) Notwithstanding anything contained in the forgoing Sub-Regulation the Competent Authority may at any time, by general or special order require an officer or employee to furnish within a period to be specified in the order a full and complete statement of such movable or immovable property held or acquired by him or on his behalf or by .-my member of his family as may be specified in the order and such statement, if so required by the bank, include the details of the means by which or the sources from which such property was acquired.

28. Restrictions Regarding Marriage

(1) (i) No officer or employee shall enter into, or contract a marriage wilh a person having a spouse living, (ii) No officer or employee, having a spouse living, shall enter into or contract a marriage wilh any person:

Provided that the Competent Authority may permit an officer or employee to enter into or contract, any such marriage as referred to a clause (i) or clause (ii) if it is satisfied that.

(a) Such marriage is permissible under the personal law applicable lo 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 any 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 dale 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 officeror 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 (lie decision as to whether such period is to be accounted for as a period of duty or leave :

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

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

(b) is acquitted of all charges or satisfies the Competent Authority in case of his release from detention or his detention being set aside by the Competent Court, that he had not been guilty of improper conduct resulting in his detention.

(3) (a) An officeror employee shall be liable to dismissal orto any of the othcrpenallies referred lo in Regulation 38, if he is committed to prison for debt or is convicted ofan offence which is (lie opinion ofthe Competent Authority, cither involves moral turpitude, or has a bearing on any of the affairs of the Bank or on (he discharge by the officer or employee of his duties in the Bank, the opinion in this respect ofthe Competent Authority shall be conclush c and binding on the officer or employee.

(b) Such dismissal or other penalty may be imposed as from the date ofhis committal to prison or conviction and nothing in Regulation 38 shall apply to such imposition.

(4) Where an officer or employee has been dismissed in pursuance of Sub-Regulation (3) and the relative convic- tion is set aside by a higher court and the officeror 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 ovcrstayal is due lo his having been arrested for debt or on criminal charge or to his having been detained in pursuance of any process of law. ihe provisions of Regulation 22 shall also apply, and forthc purpose of that Regulation as so applied, the 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

30. Prohibition against participation in politics and contesting elections

No officer or employee shall take an active part in politics or in any political demonstration or contest election as member for a Municipal Council, Zila Parishad. District Board or any other local or Legislate c Bod\.

31. Prohibition against joining certain associations, strikes, etc.

(1) No officer who is not a workman' within the meaning ofthc Industrial Disputes Act. I S"47 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 ihe employees of the Bank who are 'workman' within the meaning of that Act. or 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 lo his conditions of service or the conditions of service of any other employees of the Bank.

(2) In relation to any employee who officiates in a grade or post which is not a grade or post of a workman" as aforesaid, this Regulation shall also apply so long as such employee officiates in such higher grade or post

(3) No employee shall join or continue to be a member of an association, the objects or activities of which are prejudicial to the interest of sovereignty and integrity of India, the security ofthc 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 appro\ al of the Competent Authority. gi\ e evidence in connection with any enquiry conducted by any person, committee or authorit\

(ii) Where any approval has been accorded under Sub-Regulation (i). no officer or employee giving such ev idence shall criticise the policy or any action of the Central Government or 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 orvaledictory address oracccpt any testimonial or attend any meeting or entertainment held in his honour- or in the honour of any other officer or employee :

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

(a) a farewell entertainment of a substantially private and informal character held in honour of the officer or employee or any other officer or employee on the occasion of his retirement or transfer or ;iny person who has recently quit the service of the Bank, and

(b) the acceptance of simple and inexpensive entertainment arranged by associations 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 mutters pertaining lo his service in the Bank.

35. Subscriptions

No officer or employee shall, except with the previous sanction ofthc Competent Authority, ask for or accept contributions or otherwise associate himself with the raising of any funds or other collections in cash or in kind from constituents or customers in pursuance of any objective whatsoever

36. Consumption of intoxicating materials

An officer or employee shall—

(a) strictly abide by any law relating lo intoxicating drinks, drugs or other materials in force in any area in which he may happen to be for the lime 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 ofhis duties at any time is not affected in any way by the influence of such drinks, drugs or materials.

(c) refrain from consuming any intoxicating drinks, drugs or other materials in a public place.

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

1'jcplanation ;

For the purpose of this Regulation 'public place" means any place or premises (including clubs, even exclusively meant for members where it is permissible for the members to invite non-members as guests, bars and restaurants) to which the public have or 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

Forlhepiirpo.se 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.

(c) Sexually coloured remarks.

(d) Showing any pornography, or

(c) Any other unwelcome physical, verbal or non-verbal conduct ofa sexual nature

38. Penalties

Without prejudice lo foregoing Regulations of this Chapter an officer or employee who commits a breach of these Regulations or who displays negligence, inefficiency or indolence or who commits acts detrimental lo the interests of the Bank or in conflict with its instructions, or who commits a breach ofdisciplinc or is guilty of any other ads of misconduct, shall be liable for any one or more penalties as prescribed hereinafter.

I Officers

(a) Minor Pen allies

(i) Censure

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

(iii) Withholding of promotion

(b) Major Penalties

(i) Reco\ cry from emoluments or such other amounts as may be due to him. of the whole or part or any pecuniary loss caused to the Bank by negligence or breach of orders.

(ii) Reduction lo a lower grade or post, or lo a lowcrscalcina lime scale,

(iii) Compulsory retirement.

(iv) Removal from sen ice which shall not be a disqualification for future employment,

(v) Dismissal

Explanation

The following shall not amount lo a penally within the meaning of this Regulation .

(i) Withholding ol one or more increments of an officer on account of his failure to pass a prescribed departmental lest or examination in accordance with the terms of appointment lo the post which he holds.

(ii) Stoppage ofiucrcincnt(s) of an officer at the efficiency bar in a lime scale, on the grounds of his unfitness to cross lite bar

(iii) Not giving an officiating assignment or non-promotion ofan 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 (he promotion of an Officer for reasons like completion of certain requirement for promo) ion or pendency of disciplinary proceedings

//36 6J~/oZ. £~

(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 orpost, 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 probatioa in accordance with the terms of his appointment orrulcs. 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 lhal where it is proposed to impose any of the minor penalties specified in sub-clauses (i) to (iii) 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 written statement of defence within a specified period not exceeding 15 days or such extended period as may be granted by the Competent Authority and the defence statement, if any. submitted by the officer shall be taken into consideration by the Competent Authority before passing orders •

Provided further that no order imposing any of the major penalties specified above shall be made except by an order in w riting signed b\ the Competent Authority and no such order shall be passed without the charge or charges being formulated in writing and given to the officer jmd enquiry held so that he shall have reasonable opportunity to answer the charge or charges and defend himself:

Provided also that an enquiry need not be held if •

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

(ii) The Bank has issued a show cause notice to the officer advising him of the misconduct and the punishment for which he may be liable for such misconduct. and

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

[I Employees

(a) Penalties for minor misconduct

(i) censure

(ii) recording of adverse remarks against him

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

(b) Penalties for major misconduct

(i) fine

(ii) withholding of incrcmeut(s)

(iii) withdrawal of special allowances

(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 the Competent Authority and no such order shall be passed without the charge or charges35 being formulated in writing and given to the employee and enquiry held so that he shall have reasonable opportunity 1o answer the charge or charges and defend himself:

Provided further that an enquiry need not be held if :

(1) The misconduct is such that even if proved, the Bank docs not intend to impose punishment of removal or dismissal: and

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

30. Waiver of the procedure

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

(a) If the facts on the basis of which penalty is to be imposed on the officer or employee have been established in the Court of Law or Court martial, or

(b) Where the officer or employee lias been convicted on a criminal charge: or

(c) Where the officer or employee lias been absconding, or

(d) Where it is for any other reason impracticable to communicate with him, or

(c) Where it is reasonably not practicable lo observe the procedure prescribed under Regulation 3S Provided that no requirements of Regulation 3S may be waived unless reasons for doing so arc recorded in writing and placed before the Board.

4(1. Delegation of the power to enquire

The enquiry under Regulation 38 and ilic procedure with the exception of final order, may be delegated by the Competent Authority to an officer who is senior to the officer against whom the proceedings are instituted and in the case of an employee lo any Officer.

Provided that the Competent Authority mav in his discretion, nominate am Officer working in the Bank, including those deputed from other institutions, lo conduct iho enquiry

41. Common enquiry

Notwithstanding anything contained in these Regulations, if two officers in different grades or an officer and an employee arc 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 lo the facts and circumstances of the case, the Competent Authority in respect of both the officer and employee should be the same, the Chairman may direct (hat the Competent Authority in respect of both the officer and employee involved and a common enquiry shall be held into (lie charges against botli of them and the delegation of power to enquire under Regulation 40 and ihe procedure, with the exception of the final order shall be in favour of the same enquin officer.

42. Corrupt practices

Notwithstanding anything contained in these Regulations, the following provisions shall apply where it is alleged that an officer or employee has been guilty of corrupt practices, namely :

(i) Where it is alleged that an officer or employee is possessed of disproportionate assets or that he has committed an act of criminal misconduct or where the investigation and proofof the allegation would require the evidence of persons who arc not officers or employees of the Bank or where, in the opinion of the Chairman, the investigation into the allegations cannot be conveniently undertaken to the Central Bureau of Investigation or the Central Vigilance Commission or such other Authority as may be approved by the Chairman.

(11) I r alter considering Lie report on the investigation, the Competent Authority is satisfied that there is ;i priina facie case of instituting disciplinary proceedings against the officer or employee, he may send the invcsli- gation report to (he Ccnlml 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 die Central Vigilance Commission or such other Authority, as the case may be, the Competent Authority is ofthc opinion dial disciplinary proceedings should be instituted against the employee concerned, then, the enquiry under this Regulation may be entrusted to a Commissioner for Departmental Enquiries orany olhcrpcrson who may be nominated by the Central Vigilance Commission for this purpose.

(iv) The Enquiry Officer shall submit his report to the Compel cut Authority and the report shall be forwarded by the Competent Authority to the Central Vigilance Commission for its advice as to whether the charge or charges, as the case may be, can be considered to have been established and the 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 ofthc Central Vigilance Commission.

Explanation ' An officer or employee shall be deemed to be guilty of corrupt practices if he has committed an act of criminal misconduct as defined in Sections 13. 14. 15 and K> ofthc Prevention ofComiplion Act. 1'JSS or he has acted for an improper purpose or in a corrupt manner or had exercised or refrained from exercising his pow crs w it I I an improper or corrupt motive.

43. Restriction on engagement of ;i Legal Practitioner

For the purpose of enquiry. the officer or employee shall not engage a legal practitioner w ilhout prior permission of the Competent Authority

44. Disciplinary proceedings alter retirement

(i) An officer or employee under suspension ofa charge of misconduct who attains the age of superannuation, shall be deemed to be in s e n i cc even after the age of superannuation for the specific purpose of continuation and conclusion ofthc disciplinary proceedings and issue of final orders thereon. Such suspended officer oremployce shall not be eligible for any subsistence allowance for (lie period bey ond the dale of .superannuation

(ii) The officer or employee against whom disciplinary proceedings ha\ cbeen initiated will cease to be in sen-ice on the date of superannuation but the disciplinary proceedings w ill continue as if he w as in sen ice until the proceed- ings are concluded and final order is passed in respeel Ihcrcol The concerned officer oi employ ce w ill not rcceh e any pay and/or allowances after the dale of superannuation He w ill also not be entitled for the payment of retirement benefits till the proceedings are completed and final order is passed thereon except his own contribu- tion to CPF.

Explanation : The normal retirement benefits such as encashment of Privilege lea\ e and Gratuity should be withheld till die completion of the disciplinary proceedings and passing of final order by the Competent Authority. The release of benefits would be as per the final order of the said Authority

45. Suspension

An officer or employee may be placed under suspension by the Competent Authority During such suspension the officer or employee shall be entitled for subsistence allow ance as under

1. In case of an Officer

(A) Basic Pay

(i) For the first three months of suspension l/3rd of the basic pay which the officer was drawing on the date prior to the date of suspension irrespective of the nature of enquiry.

(ii) For the subsequent period :

. (a) Where the enquiry ishclddepartmcntally by the Bank 1/2 of the basic pay Uie officer was draw ing on the date prior to the date of suspension.

(b) Where the enquiry is held by an outside agency I /^rd of the basic pay for the next three months and one half of the remaining period of suspension.

fc ^ / (B) Allowances

For ihc entire period of suspension, duamessallowance and oilier allowances excepting special allowance, if a m. will be calculated on the reduced pay as specified in terms of (i) and (ii) of clause (A) at the prevailing rates o r al rules applicable to similar category of officers

2. In case of an employee

(A) Basic Pay

(i) For the first three months of suspension I /3rd of (he basic pay w hied the cmplo> cc \\ as draw ing on the dale prior lo the date of suspension irrespectix e of the nature of enquiry

(ii) For subsequent period .

(a) Where the enquiry, is held departmental!) by the Bank. 1/2 of the basic pay. the employee was draw ing on Ihc date prior to the date of suspension

(b) After one year full pay if the departmental enquiry is not delay cd for reason:, attributable lo the concerned employee or any of his representative-Is).

(c) Where (he enquiry is done by an outside ugency and ihc said agency has come lo ihc conclusion not to prosecute the employee, full pay will be pay able after si.\ months from the dale of receipt of report of such agency or one year after suspension, whichever is later, and in ihc c\cnl ihe enquiry is not delayed for reasons attributable to the employee or any of his rcprcsenialh o(s),

(B) Allowances

For the entire period of suspension deamess allowance and other allowances excepting special allow ancc. if any.

will be calculated on the reduced pay as specified in terms of sub-clauses (i) and (ii) (a) of Clause (A) at the prevailing rates or at rates applicable to similar category of employees;

Provided that no officer or employ cc shall he entitled lo receive payment of subsistence allow ancc unless he furnishes a declaration that he is not engaged in any other employ incut, business, profession or vocation

Provided further that if during the period of suspension an employ cc retires by reason of his attaining the age of superannuation, no subsistence allowance shall be paid to him from the date of his retirement.

46. Treatment of suspension period and allied matters

The Competent Authority may. while imposing penalty, also direct whethci 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 Authority decides otherwise, no order shall be passed which shall have the effect of compelling the officer or employee lo 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 duty or otherwise as (he 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 Regulation 48 within 45 day s of the date of receipt of the order appealed against. The Appellate Authority shall consider the appeal and pass suitable order preferably within a period of 6 months.

48. Appellate authorities

An appeal shall lie.—

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

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

4'). Rcqui remcnt of an appeal

Every appc

(;i) ll sluill be in writing and couched in polilc :ind respectful language and shall be free from unnecessary padding or superfluous verbiage.

(b) ll shall contain all material slaicnicnts and arguments relief on and slKill be complete in itself

|c) It shall specify the relief desired.

(d) ll shall not be addressed to directors personal!)

CHAPTER V

PAY AND ALLOWANCES

5(1. When accrue and payable

.Subject lo the pros isionsof (hese Regulations, pay and allowances shall accrue from (he commencement of the sen ice of an officer or employee and shall become payable on (lie las! working da\ of (lie each month in respect of the sen ice performed during (he said month.

51. When ceases

(i) Pa\ and allowances shall cease lo accrue as soon as an officer or employee ceases to be in sen ice.

(ii) In cascol an officer or employee dismissed from the Rank s sen ice. thcpa\ and allowances shall cease from the dale ol dismissal

(iii) In (he case of an olllccr or employee who dies while in sen ice. the pay and allowances shall cease from (he day follow ing that on which (he 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 sen ice be probationary, officiating orsnbslanln c

Provided that an officer or employee shall draw increment on the first day of the month in which il falls due irrespective ol the actual dale of ils accrual

CHAPTER V!

LEAVE AND JOINING TIME

53. Kinds of leave

Subject lo the provisions of these Regulations an officer or cmplov cc may be eligible for the following kinds of leave.

(a) Casual Leave

(b) Privilege Leave

Sick Leave

(d) Extraordinary Leave

(e) Special Casual Leave and Special Leave

(0 Maternity Leave.

54. Authorities empowered to grant leave

The power lo grain leave shall vest iu (he Competent Authority

55. Power to refuse leave or recall an officer or cmplo) ee on leave

(i) Leave cannot be claimed as a right. When exigencies of (he sen ice so require, discretion lo refuse or revoke leave ofan\ description is resen ed lo the Competent Auihorih39 (ii) Aii officer or employee on leave may be recalled to duty by the Competent Authority whenever the Bank deems fit to do so :

Provided that if the officer or employee is at that time 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 p_f>ejiorting on return from leave

An officer or employee on leave shall, unless otherwise instructed to the contrary, return for dut\ to the place where he was posted before proceeding on leave

57. Leave not admissible 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 a calendar year

Provided that not more than four days casual leave may be a\ ailed of at any one time; and

Provided further that holiday s and Sundays ma> not be combined u ith such leave in such a manner as to increase the absence at am 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- rala basis at the rale of one day for each completed month or part thereof

(3) (a) Casual leave not availed of in a calendar \ car may be suffixed or prefixed to sick leave in the follow ing year in respect of an officer.

(b) Casual leave not availed of in a calendar year may be converted into sick lca\ c 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 am other kind of leave, except as provided under sub- regulation (3)(a) above, special casual leave under Regulation 62 and maternity leave under Regulation 63.

5!). Privilege Leave

(a) Scale on which Privilege leave is earned

(1) An officer or employee shall be eligible forprivilege leave computed at one day forc\cr> 11 da\ sol'service on dutv .

Provided that al the commencement of service no privilege leave may be availed of before completion of 11 months of sen ice on duly

(2) The period of privilege leave to which an officer or employee is entitled at any time shall be Hie 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 31st December. 19X9 for an aggregate period upto 1 SO days and from I si January. 1990. the privilege leave may be accumulated upto not more than 240 days.

(b) When application should he submitted

(i) Application for privilege lea\ c shall be submitted bv an officer or employee one month before the date from which leave is required.

(ii) Application which docs 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 al his discretion.

60, Sick Leave

1I) The sick lca\ c/medical leave account of even officer or employee shall be credited with medical leave in advance, in two instalments often days each on the first day of Januan and Jul> of even calendar year.

(2) (a) The leave shall be credited to the said leave account at the rate of 5/3 days for each completed calendar month of service, which he is likely to render, in the sick Icavc/mcdical leave of the calendar year in which lie is appointed.

(b) The credit for the sick letup/medical leave in which an olficcr or employee is due to retire or resign from the service shall be allowed at the rate of 5/3 days par completed calendar month upto the date of retirement or resignation.

(c) When an officer or employee is removed or dismissed froui services ordies while in service, credit of sick leave/ medical Icaxc shall be allowed at Hie rate of 5/3 days per completed calendar month upto the end of the calendar month preceding Ihc calendar month in which he is removed or dismissed from sen ice ordies in service.

(d) Where a period of absence or suspension of an officer or employ ce has been treated as dies non in a sick leave/ medical leave, the credit to be afforded to his sick lcavc/mcdical leav, c account at the commencement of nc\t sick leave/ medical leaxc shall be reduced by one eighteenth ofthc period ofdl^snon subject loa maximum often daxs.

Provided that sick leave/medical leave can be accumulated during his entire service subject lo Ihc following conditions:

(i) An officer or employee shall be eligible to receive one month's full emoluments during l|ic period, of sick/ medical leave:

Provided ilml if an officer or emplox cc so desires, the Bank max permit him to draw full emoluments in respect of any ponion of sick leave granted to him tw ice the amounl ofsuch period on fu|| eiilpliiMienis being debilcd against his sick/medical lca\c account

(ii) Sick/medical lca\ c xv ill be granlcd on pro mla basis during the first \ car of sen ice

(iii) Sick/medical leave nun be availed ofouly on production of medical ecrlillciile issued b> medical practitioner acceptable to the Bank.

(i\) Any Officer or employee desirous of resuming dulx on e.xpin of sick/medical leave shall produce medical certificate to the satisfaction of the Bank sa> ing that he is Til foi dulx

Fxplanahon '

1. Till Uic appointed dale ;ui olficcr or employee is d i b b le for 2(t days sick/medical leax e for cadi completed year of sen ice Such leave can be accumulated uplo 180 days

2. From ihc appointed dale an officer or cmplovcc shall be eligible for 20 days ol sick/medical leave for each completed year of service

61. Extraordinary Leave

(1) Extraordinary leave max be granted lo an officer or employee v\ hen no ordinary leave is due lohiin and When having regard lo his length o f s cn ice. sick leav e is not considered justified by llic Competent Aulhorilx The duration of extraordinary leave lo be granted loan officer or employee shall no] exceed Wdaxs on any occasion and ~W>0 days during the entire period ofhis sen ice :

Provided that in exceptional circumstances the Chaimi;in max with Ihc approval of Hoard granl extraordinary Icaxe uplo a lolal period of 720 days to an olficcr or employee :

Provided further that in case of chronic sickness of an officer or emplox ee Ihc Chairman max with the approval of Ihc Board granl extraordinary leav e in excess of 720 days lo him and the Board. v\ hile according such approx al. shall record Ihc specific reasons therefor in \x riling

(2) The Competent Authority may granl extraordinary leav e in combmal ion with or in coiiliuunlion of Icaxc ol anv other kind admissible lo ihc officer or emplox cesax e asolhenv iseprov idetl in these Regulations

(3) No pay and allowances are admissible during Ihe period of extraordinary leax e and the period spent on such leave shall not couni for increment:

Provided thai where the Competent Aulhorily is satisfied Ui:il sanction of extraordinary leav e vwis necessitated on account of illness or anv other reason beyond Ihe trmiirol of officer or employee he may direel lhal Ihe period o I extra- ordinary leave would counl for increment

62, Special Casual Leave and Special Leave

An officer or cmplovcc max be granted special casual leave for sports, donation of blood, family planning, defending another officer or emplox ee in an enquiry, or for loining civ il defence sen ices or any oilier purpose as may be decided by the Board in accordance with the guidelines of the Central (Jov emmciii41

63. Maternity Leave

(i) Leave upto a period of throe nionlhs at a lime may be gmnlcd by u av of maicniily leave including in respect of post natal period or at the time of miscarriage or abortion. so however, thai noi more than 12 nionlhs of such lca\ e shall be available during the entire period of service, of a female officer or empkn cc

(ii) Maternity leave may be combined with any other kind of leave but an\ leave applied for in continuation of ihc former may be granted only if the request supported by a certificate issued b\ a medical practitioner acceptable to Ihe Bank, 64. Lapse of leave-

All leave shall lapse on the death of an officer or employee or if he ceases to be in Ihc sen ice of the Bank :

Provided mat where an officer or employee dies in service, there shall be pavabic to his legal representatives, sums which would have been payable to Ihe officer or employee as if he has availed ofthc privilege leave that he had accumulated at the time of his death subject to Sub-regulation (a)(4) of Regulation _VJ:

Provided further that where a staff retires from the Bank's service, he shall be eligible lo he paid a sum equh alcnt to the emoluments for the period of privilege leave he had accumulated subject to Sub-regulation (a)(4) of Regulation 5l).

Provided also that in respect of the emplov ee w here his services are terminated owing to retrenchment, he shall be paid pay and allowances for the period of priv ilegc lca\ e at his credit.

65. Furnishinj; 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. Ihc address at which he can be contacted while out of headquarters

66. Commencement and termination of leave

(i¹) 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 (hat upon which he reports his return to duty.

67. Joining time

1I) An officer or employee shall be eligible for joining time on one occasion to enable him • (a) to join a new post to which he is appointed while on duly in his old post, or

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

(2) The period of joining time shall be •

(ai in respect of an officer, a period not exceeding scv en days exclusive of the number of clays spent of travel, and

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

(3) During the period spent on joining time, mi officer or employee shall be eligible to draw the emoluments at ihe 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 ihc day of his relief shall not be included in computing Ihc joining time.

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

(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 ;is specified in the Employees' Provident Fund ;md Miscellaneous Provisions Act. 1952 (19 of 1952) skill be;i member of the Employees' Provident Fund.

The contribution lo the Provident Fund by the officer or employee ;md the B;ink shall be in accordance with provisions of the aforesaid Act.

(2) (a) An officer or employee covered under the provisions of Employees¹ Provident Fund and Miscellaneous .

Provisions Act, 1952 (19 o f] 952) shall be governed by the provisions of Employees Pension Scheme, 1995 framed by the Government of India in exercise of the powers conferred by Section OAofthc said Act.

(b)Tlie Pension Scheme so framed shall conic into force from the 16th day of November. 1995.

69. Gratuity

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

2. The amount of gratuity p.nnblcio an officer or employee shall be citheras per the provisions of the Payment of Gratuity Act. 1972 or as per Sub-Regulation (.1) hcrcimdcr whichever is higher.

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

(a) Retirement

(b) Death

(c) Disablement rendering him unlit for further sen ice as certified by a Medical Officer approved by the Bank, or

(d) Resignation alter completing 10 years of continuous sen ice. or

(c) Termination of sen ice in airy olhcrway except b\ \v.\\ of punishment alter completion of 10 years of service:

Provided (hat in respect of an employee there shall be no forfeiture of graluih for dismissal on account of misconduct except in cases where such misconduct causes financial loss lo the bank and in that case lo thai extent only.

(ii) The amount of gratuity payable loan officer or employee shall be one months' pay for every completed year of sen ice or par! thereof in excess o f s i\ months subject loa maximum of 15 months' pay .

Provided lhat where an officer or employee has completed more than ,10 years of sen ice. he shall be eligible by way of gratuity for an additional amount at Ihcralcofoiichalfofa month's pay for each completed ycarofscrvicc beyond 30 years

Provided further thai in respect of an officer the gratuih is payable based on the last pay drawn

Provided also thai .in respect ol an employee pay for the purpose of calculation of the graluily shall be the average of the basic pay (100%). dcanicss allowance and special allowance and officiating allowance payable during the 12 months, preceding death, disability. retirement, resignation or termination of sen ice. as the case may be

70. Domicile

1I) Every officer or employee shall on his appointment declare his domicile in writing to the Bank in Form B in Schedule III and ifsuch domicile is not his place of birth he must establish the same to the satisfaction of the Appointing Authority.

(2) No officer or employee who has once indicated his domicile, shall be allowed to alter the same unless he satisfies the B;ink thai ihc change is bouafidc and in no case may an officer or employee be permitted lo change his domicile in such a manner as lo increase the cost lo the Bank of any such concession

71. Transfei ahilitv

Even officer or employee is liable lor transfer lo any office or branch of r lie Bank 4.1 72. Implementation and Interpretation of Regulations

(1) The Chairman may, from time to time, issue such instructions or directions as he may. consider necessary for giving effect to, or carrying out the provisions of these Regulations.

(2) The Government of India may after consultation with the National Bank interpret these Regulations as and when considered necessary

73. Repeal 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 officer and employee is hereby repealed.

(2) Notwi thstanding 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 1

(See Regulation IK)

Declaration of Fidelity and Secrecy

Place:

-Oate:—~ 1

dohcrcby dcclarctliatlvvillfaithviiHy.tmlyandtoUiebcstofmvskilhmdabilUv execute and perform the duties required of me as officer or employee of the Bank and which properly relate the office or position held by me in the said Bank.

I further declare that I will not divulge or allow to be divulged to any person not legally entitled ihereto any information relating to ihc affairs of the said Bank or to the affairs of any person having any dealing with the said Bank ;md nor will 1 allow any such person to inspect or have access lo am books or documents or electronic records belonging to or in possession of the said Bank and relating to the business of the said Bank or the business of any person having any dealing with the said Bank

Signed before me.

Signature

Vame in full

Destination

Signature

\anti' in full

Designation.

CARE: (To he on the lines of GO1 Rules)

SCHEDULE-II

/ See Regulation 5 (-1)/

Declaration to be obtained from even' officer or employee on First appointment.

I. Shri/Smt./Kum

s/o. w/o. d/o

declare as under:

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

(ii) That 1 am married and have only spouse living.

(in) That 1 h;r\ c entered into or contracted a marriage with a person having a spouse living. Application for grant of exemption is enclosed

(iv) To be modified.

2.1 solemnly affirm that the above declaration is true and I understand that in the event of the declaration being found to be incorrect after my appointment. I shall be liable to be dismissed from service.

Date.

Signature

SCHEDULE m

Form B

Declaration of Domicile

(See Regulation 70)

Place:

Date:

1 The undersigned, having been appointed in the service of the Bank hereby declare (Place) in (District) as m\ place of domicile

2 *Thc above is my place of birth

or

*Thc above is not lm place of birth. My place of birth is (Place) in (District) but (Place) has been declared as my place ol domicile for the reasons given below .

Name in full

Designation and

Nature of appointment

Date of appointment

Signature

* Strike out whichever is not applicable

Sd/-

Illcgible. Chairman

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