REGISTERED NO. D.221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. I2| NEW DELHI. FRIDAY, JANUARY 11, 1963/PAUSA 21, 1884
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi the 11th January 1963
G..S.R. 93,—In exercise of the Powers Conferred by Section 26 of the Defence of India Act, 1962 (51 of l962), the Central Government hereby makes the following rules, namely:—
THE DEFENCE OF INDIA EMPLOYMENT OF TECHNICAL PERSONNEL IN NATIONAL SERVICE) RULES, 1963
1. Short title and tammt-nrein:nt.—(1) These Rules may be called the Defence of India (Employment of Technical Personnel in National Service) Rules, 1963.
(2) They shall come into force at once.
2. Definitions.—In these rules, unless the contxt otherwise requires,—
(a) "Act" means the Defence of India Act, 1962 (51 of 1952); (b) "appeal" means an appeal under sub-section (7) of section 23 of the Act or rule 17 of these rules;
(c) "Form" means a form set out in the Appendix to these rules; (d) "section" means a section of the Act; (e) •'Schedule" means a Schedule appended to these rules; (f) "Technical Personnel (Reinstatementj Tribunal" means a Tribunal constituted under sub-section (2) of section 24;
(g) "Tribunal" means a National Service Tribunal constituted under section 21.
3. Notified Occupations.—The occupations specified in the Schedule shall be "notified occupations" for the purposes of Chapter V of the Act.
4. Composition, functions, powers and procedure of National Service Tribunals.—(1) A Tribunal shall consist either of two members or of three mem- bers as the Central Government may, by notification in the Official Gazette, appoint and one of the members shall be designated as the chairman.
(2) A Tribunal shall have power to associate with itself in its deliberations such other persons as it thinks fit, but the persons so associated 3hall act in an advisory capacity only and shall, if they are not Government servants, be invited to attend sittings of the Tribunal only when matters with which they are parti- cularly concerned are to be discussed.
(3) A Tribunal may meet at such times and places as it thinks fit and shall meet when required to do so by the Central Government,
( 3 5)
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(4) A Tribunal shall determine its procedure a nd shall h a ve t he powers of a civil court for the purpose of recording evidence, administering oaths, enforcing t he attendance of witnesses and compelling t he discovery and production of docu- ments awl shall be deemed to be a civil court within t he meaning of sections 480 and 4B2 of the Code of Criminal Procedure, 1898, and a court for the purposes of clause (aa) of t he proviso to section 200 of that Code.
(5) Every Tribunal shall keep accounts supported by vouchers of all money received and expended during each financial year,
(6) In the discharge of its functions under Chapter V of t he Act, t he Tribunal shall comply with such directions as the Central Government may give to it.
5. E*4nlrie" hj Tribunals.—(1) A Tribunal m ay take steps to ascertain p a r t i- culars of technical personnel employed in any establishment (including a notified establishment), the suitability of such personnel for employment in th" national service, and the capacity of t he establishment to release such personnel or any part thereof for such employment, having regard to t he n a t u re of w o rk in which such personnel or p a rt is engaged.
(2) For purposes of sub-rule (1), t he Tribunal m a y—
(a) summon the employer of any establishment or any employee of such establishment to appear before it and furnish such information as it may require;
(b) authorize one of its members or any officer appointed by it to enter upon and inspect any premises occupied by such establishment and call for any information whether documentary or otherwise which appears to It to be necessary;
(c) authorize any officer appointed by it to enter upon any premises occupied by the establishment and test the technical skill of such persons as the Tribunal may by order in writing direct;
(d) require any establishment to afford such facilities as the Tribunal may, specify for testing the skill of any technical personnel whether such personnel is employed by such establishment or not,
and the employer of the establishment and any employee of such establishment shall comply with any requisition made in this behalf by or under authorization from the Tribunal.
(3) No person shall be authorised under clause (c) of sub-rule (2) by a Tribunal to enter upon premises occupied by an establishment and test the technical skill' of any person in the employment of such establishment unless the Tribunal has previously consulted the establishment with regard to the suitability of the person • selected and given due weight to its views.
(4) An establishment may during the consultation provided for in sub-rule (3) request that the tests referred to therein be carried out jointly by the person selected by the Tribunal and by a perso-i Velonging to the managerial or super- visory grades of technical personnel to be nominated by the establishment, and any such request shall be complied with by the Tribunal.
(5) The Tribunal may pay to any person whom it may authorize to visit an establishment and test the technical skill of specified persons, travelling expenses on the same scale as that provided in the State or Union territory concerned for t1*e purposes of section 544 of the Code of Criminal Procedure, 1898.
6. Collection of information by Tribunals or by employment exchanges.—A Tribunal may call upon or require the local employment exchange to call upon the employers of any or all establishments within the jurisdiction of the Tribunal or the local employment exchange—
(a) to furnish such particulars of the technical personnel In the employ of those establishments and within such time as the Tribunal may specify; and
(b) to register in Form A all persons belonging to notified occupations within such time as the Tribunal or the local employment exchange, as the case may be, may specify, and thereafter to report all changes in the particulars so registered as they occur.
7. Payment of travelling expenses to persons summoned to appear before Tribunals under rule 5.—A Tribunal before whom any person is summoned to
appear under rule 5 shall pay to such person travelling expenses on the scale referred to in sub-rule (5) of that rule.
8. Persons undergoing test to be treated as on duty.—(1) Any person who is directed by the Tribunal under clause (c) of sub-section (2) ol section 23 to present himself at a specified place for interview or inquiry or submission to a test of his technical skill shall, if he is employed, be treated by his employer as if he were on duty during the period of his absence from work for such purpose and the employer shall make no deduction from hia salary or wanes on account of such absence:
Provided that where the period of such absence from work exceeds one day, the salary or wages for any period in excess of one dajr shall be paid by the Tribunal.
(2) The Tribunal shall pay to any person whom it may direct under clause (c) of sub-section (2) of section 23 to present himself at a specified place for inter- view, inquiry or submission to a test of his technical skill travelling expenses on the scale referred in sub-rule (5) of rule 5.
(3) All orders passed by a Tribunal under clause (c) of sub-section (2) of section 23 shall be issued in Form L and copies shall be forwarded to the establishment (if any) by which the persons who are to be present for interview, inquiry or test are employed.
9. Procedure for requiring release of personnel or directing personnel to under- take employment in the national service.—(1) Before passing an order under clause (a) of sub-section (2) or sub-section (4) of section 23, the Tribunal shall hold a summary inquiry at which any objections raised by the establishment required to release the technical personnel concerned or by the person to be taken into employment in the national service or to be transferred from one form or place of employment in such service to another, as the case may be, shall be considered and briefly recorded:
Provided that in the case of unemployed technical personnel or personnel who are to be taken into employment in the national service in a place in which they are already employed, a Tribunal may dispense with the holding of a summary inquiry.
(2) Notices in rForm H or J, as the case may be, stating the time and place fixed for the holding of the inquiry referred to in sub-rule (1) shall be sent to the establishment (if any) and the technical personnel concerned in sufficient time to enable them to submit their objections, if any, to the Tribunal.
(3) No order shall be passed by a Tribunal requiring an establishment to release technical personnel for employment in the national service unless such Tribunal is satisfied that the work on which the personnel is to be engaged is more essential to the defence of India and civil defence, the efficient conduct of military operations, or the maintenance or increase of supplies and services essential to the life of the community than that on which it is for the time being employed, and has recorded its reasons in brief for arriving at such a decision.
(4) No order shall be passed by a Tribunal requiring the employer of a notified establishment to release any technical personnel for employment in the national service or transferring such personnel from one form or place of employment in such service to another except with the consent in writing of the employer.
(5) All orders passed by a Tribunal under clause (a) of sub-section (2) or sub- section (4) of section 23 shall be issued in Form B, C or C-I, respectively.
(8) Copies of all orders passed by a Tribunal under clause (a) of sub-section (2) of section 23 directing any technical personnel to undertake employment hi the national service or sub-section (4) of section 23 shall be forwarded to both the old and new employers.
10. Salary or wages to be paid to persons taken Into employment in the national service.—(1) The Central Government or, as the case may be, the Tribunal shall fix the salary or wages to be paid to any person taken into employment in the national service under clause (b) of sub-section (1), or clause (a) of sub-section (2), or transferred from one form or place of employment in the national service to another under sub-section (4), of section 23 (such person being hereafter In these rules referred to as the said person) having due regard to the nature of the employment which he is to undertake and the salary or wages of which he was in receipt in hiE previous employment (if any).
(2) Subject to the provisions of sub-rule (3), the said person shall not be entitled to receive a salary or wages higher than he received in the post in which he was last employed unless it can be shown that the work on which he is to be engaged is of a more responsible or arduous nature.
(3) In fixing the salary or wages to be paid to the said person, the Central Government or, as the case may be, a Tribuna1 shall endeayour to ensure that his economic position does not suffer by reason of his being taken into such employment or of his being so transferred.
(4) The salary or wages fixed biy the Central Government or, as the case may- be, by the Tribunal under this rule, shall be paid by the notified establishment.
11. Terms of service of persons taken Into employment in the national service.— (1) The said person shall, if the Central Government or, as the case may be, the Tribunal so directs, be permitted to continue to subscribe to any provident or superannuation fund or other scheme relating to gratuity, bonus or other benefit for the advantage of employees maintained or managed by the establishment by which he was formerly, or in the case of transfer originally, employed under the same terms and conditions as If he had continued to be employed by such esta- blishment.
(2) When any person is permitted by the Central Government or, as the case may be, by a Tribunal to avail himself of the privilege referred to in sub-rule (1)—
(a) the establishment by which he was originally released for employment In the national service shall keep open his account and receive such subscriptions as may In accordance with the rules of such Fund be payable from time to time as If the subscriber were still in its employment; and
(b) the notified establishment In which the person has been taken for employment in the national service or to which he has been trans- ferred shall make such contributions to the Fund from time to time as were formerly payable by the establishment by which the person was originally released.
12. Leave.— (1) The said person shall, if the Central Government or, as the case may be, the Tribunal so directs, continue to be eligible subject to such condi- tions as may be laid down by the Central Government or, as the case may be, by the Tribunal, for such leave with pay as was admissible to him in the previous employment or original employment, as the case may be, and the notified establish- ment into which he has been taken in the national service or to which he has; been transferred shall grant him such leave at its own cost.
(2) The Central Government or, as the case may be, a Tribunal may, if it considers It necessary to do so, direct that the said person shall, for every comple- ted period of twelve months' employment in the national service, be granted by the notified establishment in which he is employed leave with pay to enable him to visit his home and that the period of such leave shall be not less than seven consecutive days in addition to the days occupied in transit,
13. Free Accommodation, medical attention, etc.—The Central Government or, as the case may be, a Tribunal may, after ascertaining that the necessary facilities- are available and having regard to the status of the said person and the general practice of the establishment direct that the said person shall be provided with such amenities as free accommodation and free medical attention as may be specified and the employer shall comply with such direction.
14. Hours of work and overtime.—In dealing with persons taken Into employ- ment in the national service the employer shall in all cases apply the rules relating to hours of work and overtime rates in force in the notified establishment so far as the rules are not inconsistent with any law for the time being In force.
15. Pay and allowances In transit.—(1) Any person taken into employment in the national service or transferred from one place of such employment to another shall be paid by the Tribunal on the first occasion of his repairing to the place or the new place of such employment travelling expenses at such rates fs may be fixed by the Tribunal having regard to his status and mode of life:
Provided that no travelling expenses shall be payable, If the distance to the place or the new place of such employment from the previous place of employ- ment, or 11 he Is unemployed, from his actual place of residence when so taken does not exceed five miles.
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(2) The salary or wages of any person who is already employed and is directed to undertake employment in the national service or who is transferred from one place of employment in the national service to another shall, for the period of transit, be paid by the new employer at such rates as may be fixed in this behalf by the Central Government or, as the ease may be, by the Tribunal.
16. Payment of travelling expenses on termination of employment in (lie national service.—(1) The employer of any notified establishment in which any person taken Into employment in the national service is employed at the time of the final termination of such employment, shall, if the Tribunal or, as the case may be, the Central Government so directs, pay to such person travelling expenses to the original place of his employment, or if he was unemployed when first taken into •employment in the national service, to his original place of residence, at such rates as may be fixed by the Tribunal, or, as the case may be, the Central Govern- ment, having regard to his status and mode of life:
Provided that no travelling expenses shall be payable if the distance to such place of employment or place of residence does not exceed five miles.
(1!; Any person who was employed at the time when he was directed to "undertake employment in the national service, shall, on the final termination Of such employment, be paid salary or wages for the period of transit for returning- to his former employment, by the employer under whom he is employed at the time of such termination, at such rates as may be fixed in this behalf by the Tribunal or the Centra) Government, as the case may be.
17. Appeals against orders passed under certain RuIes.~An appeal shall lie to the Cenlral Government against any order passed by a Tribunal under any of the rules 10, 11, 12, 13, 15, 16 and 24.
la. Keport of orders under section 23(2) (b).—(1) Before issuing an order under clause (b) of sub-s?ction (2) of section 23, a Tribunal shall report the nature of thf" personnel to be trained and the terms and conditions on which it is proposed to order the training to be undertaken, to the Central Government and shall pass orders only after receiving tho approval of that Government.
(2) T'.very order passed by a Tribunal under clause (b) of sub-section (2) of section 23 shall be issued in Form C-II.
19, Authorities by whom medical examinations to be carried out.—(1) The medical authority before whom a person may be ordered to appear under sub- section (fi) of section 23 shall be the Civil Surgeon of the locafarea in which such person is employed or usually resides, or such other medical officer as the Central Government may by o'rder in writing appoint for this purpose.
(2) If any person who has been ordered to submit himself to be examined by the officer referred to in sub-rule (1) questions the decision of thai officer, he may be ordered by the Tribunal or the Central Government, as the case may be, to appear before a Civil Medical Board to be convened by the State Government.
20. Reinstatement.—(1) Any person who is entitled to be reinstated in his former employment, under sub-section (1) of section 24, if he desires to be reinstat- ed, shall send an application for reinstatement to the former employer by registered post before the expiry of a period of four months from the date of the termination of the applicant's employment in the national service or if a Technical Personnel (Reinstatement) Tribunal, on application made to It in this behalf, is satisfied that by reason of illness or other sufficient cause, the application for reinstatement could not be made before the expiry of the said period, such extended period as the Technical Personnel (Reinstatement) Tribunal may allow:
Provided that the Technical Personnel (Reinstatement) Tribunal shall not allow an extended period as aforesaid unless it Is satisfied that the application made to It was made as early as possible,
(2) The conditions of employment of any person reinstated In his former employment under sub-section (1) of section 24 shall be determined with due regard to the additional skill and experience acquired by him in the course of his employ- ment in the national service and shall In no case be less favourable to him than those which would have been applicable to him had he not been released for employment In the national service-
Provided that, If the employer refuses to reinstate such person, or denies his liability to reinstate such person or if for any reason the reinstatement of such person is represented by the employer to be Impracticable or unreasonable or If
4o THE GAZE , OF . A . „ .
the conditions of re-employment cannot be agreed upon, either party may refer the matter to a Technical Personnel (Re-instatement) Tribunal and that Tribunal shall, after due consideration, pass an order either exempting the employer from the provisions of this sub-rule or requiring him to re-employ aucn persoft OH web t"nn" M, having regard to the additional skill and experience acquired since his release as aforesaid, it thinks suitable or to pay to such person a sum in compensation for failure to re-employ him not exceeding an amount equal to six months' remuneration at the rate it thinks suitable as aforesaid.
(3) II any employer fails to Obey an order passed by a Technical Personnel (Reinstatement) Tribunal under the proviso to sub-rule (2), he shall be punishable with fine not exceeding one thousand rupees, and. the court by which he is convicted may, in addition to any other penalty, order him, if he is not already so required by the Technical Personnel (Reinstatement) Tribunal, to pay the person whom he has failed to re-employ a sum not exceeding an amount equal to six months' re- muneration at the rate at which his last remuneration was payable to him by the employer; and any amount so required by the Technical Personnel (Reinstatement) Tribunal to be paid, or so ordered by the court to be paid, shall be recoverable as if it were a Sne Imposed by sudh court.
(4) Where an employer terminates the employment of a person whom under sub-section (1) of section 24 it was his duty to reinstate, within a period of six months from the date of reinstatement, he shall, notwithstanding anything to the contrary contained in the conditions of employment, be liable to pay such person at the time of terminating his employment aa aforesaid a sum equal to the remune- ration which such "person would have earned under the terms of re-employment agreed, or fixed by the Technical Personnel (Reinstatement) Tribunal, during the unexpired portion of the said period:
Provided that an employer shall not be liable to make such payment as afore- said where the employment Is terminated for the reason that such person has been guilty of gross Insubordination, habitual absence from work or any serious misconduct or has been convicted of any criminal offence:
Provided further that a person whose employment is terminated within the said period for any such reason as aforesaid may refer the matter to a Technical Personnel (Reinstatement) Tribunal and that Tribunal shall after due considera- tion decide whether or not the employer is liable as aforesaid under this sub-rule; and such decision shall be final and binding on the parties.
Ejcplanation:—Any sum required to be paid under this sub-rule shall be in addition to the amount, if any, which the employer may, under the conditions of employment, ibe liable to pay in respect of termination of the employment without notice.
(5) The duty imposed by sub-section (1) of section 24 upon an employer to re- Instate in his employment a person such as is described in that sub-section shall attach to an employer who, before such person is actually released for or taken into employment in the national service, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that sub-section, and such Intention shall be presumed until the contrary Is proved If the termination of the employment takes place after the issue of an order of requirement by a National Service Tribunal or the Central Government for the release of such person for employment in the national service or after the Issue of a direction to such person under clause (c) of sub-section (2) of section 23.
21. Technical Personal (Reinstatement) Tribunals.—The Central Governmenti shall constitute for sucb. areas and such places as it thinks fit Technical Personnel (Reinstatement) Tribunals to hear and decide any matters referred to them or applications made to them under rule 20.
(2) A Technical Personnel (Reinstatement) Tribunal shall consist of three members to be nominated by the Central Government of whom one, who shall be chairman of the Technical Personnel (Reinstatement) Tribunal, shall be a member who is, or has been, or is eligible for appointment as, a District and Sessions Judge.
(3) No person serving as a member of a National Service Tribunal shall, while so serving, be a member of a Technical Personnel (Reinstatement) Tribunal,
(4) A Technical Pweonn*) (Reinstatement) tribunal may meet at such times and laces as li ttmkn flt "n4 ekall meet when required to do so by the Central G**eramtnt.
(1) At any meeting of a Technical Personnel (Reinstatement) Tribunal, the Chairman and any other Inember of the Teahnical Personnel dUlnatatement) Tribunal, shall constitute a quorum.
(8) A technical Personnel (Reinstatement) Tribunal shall have the powers of a civil! court for the purpose of receiving evidence, administering; ogtha, enforcing: the attendance of witnesses and compelling the discovery and production of documents, and shall be deemed to be a civil court within the meaning of sections 480 swd 482 of the Code of Criminal Procedure, 1808, and a court for the purposes of clause (aa) of the proviso to section 200 of that Code.
22. Control regardine discharge and dismissal under section 25(2). (1) Every discharge or dismissal of any person included in the definition of technical personnel by an employer of an establishment shall be with the previous permis- sion in, writing of the Tribunal, and if any such employer releases or removes from one establishment (including a notified establishment) to another any such person, he shall give notice in writing of such release or removal within a period of seven dayg and such notice shall—
(a) state reason for the release or removal, and
(b) be sent by registered post or under a certificate of posting:
Provided that it shall not be necessary for the employer of any establishment (including, a notified establishment) to obtain such permission to discharge or dismiss a person included in the definition of technical personnel If such person—
(a) was engaged on probation but has not been confirmed;
(b) was engaged for a period specified in I1I3 written agreement of service,
if that period has expired;
(n) was engaged for the completion of a piece of work of the nature of which wus specified In writing at the time of his engagement and which has been completed;
(d) is certified by a registered medical practitioner to be physically unfit for
the work or for the class of work in which he is eneaged;
(e) has, in the opinion of the employer, been guilty of gross insubordination, habitual absence from work or .any serious misconduct or has been convicted of any criminal offence; or
(f) is the subject of an adverse police report; but in all such cases the employer concerned shall give notice in writing to the Tribunal of the discharge or dismissal and the reasons thereof vrithin twenty-four hours of the discharge'or dismissal.
(2) Every order passed by a Tribunal under sub-rule (1) shall be communicated to the employer of the establishment making the application as~ expeditiously as possible, and in anv case, within fifteen days of the despatch of guch application, failing which the Tribunal's permission shall be assumed to have been obtained by such employer.
(3) In considering applications for the Rrant of permission under clause (a) of sub-section (1) of section 25 or under sub-rule (1), th_' Tribunal shall be guided solely by the consideration whether in its opinion the services o£ the person who wishes to leave his employment or training or whom the employer proposes to discharge or dismiss, as the case may be, can be employed most effectively In connection with work of national importance in his existing employment or training.
2',i. Control regarding- the engagement of technical personnel.—(1) A Tribunal may under sub-section (2) of section 25 control the engagement of technical per- sonnel by establishments (including notified establishments) by general order published in the press when the order is of general application, or by a special order when the order is of special application directing: —
(a) that no establishment shall offer employment to any technical personnel or class1 of technical personnel employed in notified establishments except through or with the general or special approval of the Tribunal or an officer authorised by It in this behalf;
(b) that no advertisement for technical personnel or any specified class thereof shall be issued er published in tiu press by any establishment or crass
of establishments except through or with the general or special approval of the Tribunal or an officer authorised by It In this behalf;
(c) that no establishment other than a notified establishment shall engage technical personnel already in employment, on a higher wage than that drawn by the technical personnel in the existing employment, without the consent in writing cf the Tribunal or an officer autho- rised by it in this behalf;
(d) that no technical personnel or class of technical personnel employed In notified establishments shall seek or apply for employment elsewhere except with the previous sanction in "writing of the Tribunal or an officer authorised by it in this behalf;
(e) that previous approval of the Tribunal or an officer authorised by it in this behalf shall be necessary for the engagement by any establish- ment, other than a notified establishment, of such class or clusses of technical personnel as may b.j specified;
(f) that any or all establishments shall forward to the Tribunal or an officer
authorised by it in this behalf—
(I) particulars of all vacancies for technical personnel iri their establish- ments other than vacancies reserved for their own apprentices, immediately on their occurrence;
(ii) a report in such form as may be supplied by the Tribunal or the officer stating, in the case of technical "personnel recommended for appoint- ment to vacancies—
(a) whether the personnel have been engaged by the establishment; or
(b) if the personnel have not been emp]oyed, the reasons of the establish-
ment for not engaging them;
(111) particulars of any technical personnel it may engage after a specified date, in such form and within such period as the Tribunal or the officer may direct;
(g) that with effect from a specified date any or all establishment- shall issue to all or any specified classes of technical personnel cmploy- eu therein for a period of not less than one month, who are discharg- ed dismissed or released by or from the establishments ot who are permitted by the Tribunal to leave their employment in such establishments a service certillcate in Form 'O\ or if the i-imployee is already in possession of such a certificate, make such additions to the certillcate, as will bring it up-to-date. The certificate shall be issued, or if the employee is already in possession of such a certificate the additions to the certificate shall be made, on or before the date on which the employee whose services are terminated receives his wages;
(h) that no establishment shall engage any person included in the defini- tion of technical personnel unless he produces either a service certificate in Form 'O' or an introduction card from an Employ- ment Exchange specified by the Tribunal in this behalf.
(2) Every person Included in the definition of technical personnel shall, when accepting employment in an establishment, report to the employer thereof the name and address of the employer under whom he was last employed and the date on which he left the last employment.
(3) Every establishment shall report to the Tribunal the name and address of any person included in the definition of technical personnel who leaves hia employment in the establishment without the permission in writing of the Tribu- nal. The report shall be sent so as to reach the Tribunal within three days of the event.
Explanation.—For the purpose of this rule, a person shall be deemed to leave his employment if he absents himself from work for more than ten consecutive days without the permission of the employer.
24. Reflxatlon of wages of technical personnel to whom permission to leave employment Is refused.—(1) If in considering under clause (b) of sub-section
(1) of section 25 the salary or wages of a person to whom permission to leatre his employment has been refused, a Tribunal is satisfied that the salary ov wages paid by the employer, is less than the rate prevailing for technical personnel of such person's class in the locality concerned, it may increase the rate to such extent as will raise it to the prevailing rate, and if that rate is less than the amount which the person concerned would have received had he been permitted to leave his employment, and the Tribunal is satisfied that there exist special reasons for the higher rate so offered or obtainable, the Tribunal may further incre'ase the rate to such an extent as it considers fair and reasonable:
Provided that the total salary or wages so fixed shall not exceed the prevail- ing rate by more than ten per cent,
(2) In considering under clause (b) of the said sub-section the terms of service other than salary or wages of a person to whom permission to leave his employment has been refused, the Tribunal shall be guided by the general practice of the industry concerned, having due regard to local conditions and the status of the person concerned, and may if necessary grant allowance not exceeding ten per cent' of the salary or wages fixed under sub-rule (1) in lieu of any amenities which are usually provided by the Industry but ior which no facilities exist at the place where such person is employed.
25. Procedure for submission of appeals.—(1) Every appeal shall be written in English in Form D or E, as the case may be, and sent within one month of the date of the order appealed against to the Secretary to the Government of India, Ministry of Labour and Employment (Directorate General of Employment and Training) through the Tribunal which issued the order. In forwarding an appeal, the Tribunal shall enclose the record of the proceedings which gave rise to the appeal, or authenticated copies of such proceedings, together with an explanation on each of the points raised by the appellant. The Tvibunal may nt its discretion withhold any appeal sent after one month of the date of the ordei appealed against,
(IL) The decision of the Central Government on all appeals will b? conveyed fo thp Tribunal concerned which shall communicate it without delay to the appellants.
'16. Maintenance of refflsters by notified establishments.—Every notified establishment shall keep a register In Form F of the technical personnel taken into its employment in the national service under clause (b) of sub-section (1) •t section 23 or rlause (a) of sub-section (2) of section 23 or transferred to it under sub-section (4) of section 23.
27, Maintenance of Resistors by Tribunals.—Every Tribunal shall maintain a Register in such form as it deems suitable of all technical personnel directed to undertake employment in the national service under clause (b) of sub-section (1) of section T,\ or clause (a) of sub-section (2) of section 23 or transferred from one form or place of employment in the national service to another under sub-section (4) of section 23 showing the notified occupations to which they belong, the establishments by which they were released or from which they were transferred, the notified establishments in which they were directed to undertake employment or to which they were transferred, the terms of service fixed and the result of the appeals, if any.
?8. Applications under section 22(2),—Every application for technical per- sonnel made to a Tribunal or the Central Government under sub-section (2) of ,si*ction 22 shall be submitted in Form K,
29. Forms of orders nnaet section 25—(1) Every order passed by a Tribunal under sub-section (1) of section 25 shall be issued In Form G.
O) Every application made or notice given to a Tribunal by an employer In any establishment under sub-rule (1) of rule 22 shall be In Form M or Form M-l, as the case may be, and If the Tribunal so directs, all applications from technical personnel to leave their employment shall be submitted to it in Form N.
30. Orders by the Central Government under Section 23(1) or (4) —Before passing an order under sub-section (1) or (4) of section 23, the Central Govern ment may, if it considers it necessary so to do, direct the local Tribunal to hold a summary inquiry, and thereupon the Tribunal shall hold such inquiry In
accordance, as near as may be. with the provisions of sub-rules (1) and (2) of rule 9 and submit a report to the Central Government.
31. Authorities over whose signature orders, notices, etc., to be Issued.—All
o r d e rs of a T r i b u n al in F o r ms B, C, C - I, C - I I, G or L, n o t i c es in F o rm H or J a nd c o p i es of or e x t r a c ts f r o m, a ny o t h er o r d e rs or d i r e c t i o ns g i v en by a T r i b u n al u n d er C h a p t er V of t he A ct or t h e se r u l es s h a ll be i s s u ed o v er t he s i g n a t u re of t he C h a i r m an of t he T r i b u n al or of an officer of t he T r i b u n al a u t h o r i s ed by t he C h a i r m an In w r i t i ng in t h is b e h a l f.
32. P e n a l t y .— ( 1) If a ny p e r s on c o n t r a v e n es t he p r o v i s i o ns of s u h - r u le ( 1) of
r u le 8, s u b - r u le ( 4) of r u le 1 0, s u b - r u le ( 2) of r u le 1 1, a ny of t he r u l es 12 to 16 ( b o th i n c l u s i v e ), s u b - r u le ( 1) or s u b - r u le ( 3) of r u le 23 or r u le 2 8, he s h a ll be p u n i s h a b le w i th fine n ot e x c e e d i ng o ne t h o u s a nd r u p e e s.
(2) If a ny p e r s on c o n t r a v e n es t he p r o v i s i o ns of r u le 6, s u b - r u le (I) of l u le
2 is -'t s u b - r u le ( 2) of r u le 2 3, he s h a ll be p u n i s h a b le w i th i m p r i s o n m e nt f or a t e rm n ot e x c e e d i ng s ix m o n t h s, or w i th fine n ot e x c e e d i ng o ne t h o u s a nd r u p e e s. nr w i th b o t h.
SCHEDULE
(5
L I ST OF N O T I F I ED O C C U P A T I O NS
Occupation
N . C . O. C o de
N u m b er
P R O F E S S I O N A L J T E C H N I C AL A ND R E L A T ED W O R K E RS
OOO'20 ooi.io 001-20 001-30 ooi-jo ooi-So ooa-oo 002-10 cm-15 002-30 002-35 002-40 002-45 002-60 002'80 003-20 003-30
•
003-35 003-45 003-50 003•80 004•20 005-10 005•20 0 0 6 - ro 007-10 007-30 007-35 007-40 007-80 009-29 009-50 009-53 009-56 009-59 009-62 Architect Civil Engineer, General . , . , . . . . . ,. Civil Engineer, Highways Civil Engineer, Sanitation Overseer, Civil Engineering . . . . . . . . .. Civil Engineers, other Mechanical Engineer, General . . . . . . . . .. Designer, Machines T o ol Engineer Mechanical Engineer, P r o d u c t i on . . . . . . . .. Mechanical Engineer, Maintenance . . . . . . . .. Mechanical Engineer, Automobile . . . . . . . .. Mechanical Engineer, Aeronautical . . . . . . . .. Mechanical Engineer, Air Conditioning Mechanical Engineer, Other . . . . . . . . .. Electrical Engineer Tele-Communication Engineer, General R a d io Engineer, Tele-Communication . . . . . . .. Microwave Engineer, Tele-Communication . . . . . .. L i ne Communication Engineer, Tele-Communication . . . . .. Electrical Engineers, other Chemical Engineer, General . . . . . . . . .. Metallurgist, Extractive . . . . . . . . . .. Metallurgist, Physical M i n i ng Engineer, General Surveyor, Topographical . . . . . . . . . .. Plane T a b l er Leveller Traverscr Surveyors, Other Glass Technologist Planning Engineer Estimator, Engineering - * M e t h o ds Engineer fedvnral Engineer . . . . . . . . . . .. •Works, Inspector, Engineering
*3
Occupation
N.C.O. Codo No.
009-65 009-68 OIO-10 010-15 0 1 2 - ro
012-15 019-10 030-10 030-15 030-35 030-75 035-10 039-10 039-40 I n s t r u m e nt E n g i n e er Safety E n g i n e er C h e m i s t, G e n e r al C h e m i s t, S p e c i a l i s ed Physicist^ G e n e r al Physicist, Specialised C h e m i s t s, P h y s i c i s t s, Geologists a nd O t h er P h y s i c al Scientists . . .. P h y s i c i a n, G e n e r al . . . . . . . . . . .. S u r g e o n, G e n e r al E a r, N o se a nd T h r o at Specialist O r t h o p a e d i st D e n t i st A n a e s t h e t i st R a d i o l o g i st G e n e r al N u r se P h a r m a c i st S a n i t a ry I n s p e c t or . . . . . . . . . . .. X - R ay T e c h n i c i an T e a c h er E n g i n e e r i n g, U n i v e r s i t y, T e c h n i c al a nd o t h er Allied I n s t i t u t es . D r a u g h t s m a n, A r c h i t e c t u r al . . . . . . . . .. D r a u g h t s m a n, Civil D r a u g h t s m a n, M e c h a n i c a l. . . . . . . . . .. D r a u g h t s m a n, S t r u c t u r al D r a u g h t s m a n, Electrical C a r t o g r a p h er . T r a c er • • • " • • • • * • • • ••
040-00 043•10 046•10 049-10 050-50 090-10 090-15 090-25 090-35 090-45 090-60 099-10
M I N E R S, Q U A R R Y M EN A ND R E L A T ED W O R K E RS
. . * , . , . , * .>
502•10 502- 20
W O R K E RS IN T R A N S P O RT A ND C O M M U N I C A T I ON O C C U P A T I O NS
. . . . ..
6I0-5O
62O-30
620-4O
62I-3O
622-3O
63O-IO
641•10
64I•3O
,
D r i v e r, L a u n ch P i l o t, A i r c r a ft G e n e r al . . .. P i l ot A i r c r a f t, S p e c i a l i s ed F l i g ht E n g i n e er N a v i g a t o r, A i r c r a ft . . . . . . . . . . .. D r i v e r, R a i l w ay E n g i ne ( S t e a m ). . D r i v e r, C ar Briver, Truck Driver, Fire-Brigade Vehicle
641-35
CRAFTSMAN AND PRODUCTION PROCESS WORKERS
(a) Supervisory—
S u p e r v i s or M e c h a n i c, P r e c i s i on I n s t r u m e n t, G e n e r al S u p e r v i s or T o ol S e t t e r, G e n e r al S u p e r v i s or S h e et M e t al W o r k e r, G e n e r al . . . . . . .. S u p e r v i s or Electrician, Aircraft S u p e r v i s or R i g g er
B 740•00 B 750-60 B 754-00 B 760-15 B 873-10
(b) Craftsmen—
Converter Blower . . . . . . . . . . .. F u r n a ce Operator F u r n a ce Mistry, Cupola Charger^ Cupola F u r n a c e m a nt P it F u r n a ce Hc"t Treating F u r n a ce Operator
730-28 730-34 730-64 730-68 730•84 730-SS
46
- * . . .. L*
Occupation
NCO Code No.
. . . .. . ..
, . , • C o g g cr M a n i p u l a t or . . . . . . . . . . . .. R o l l er S h e et M i ll O p e r a t or H ot R o l l i ns M i ll ( N o n - F e r r o us M e t a l) R o l l e r, H ot R o l l i ng M i ll ( N o n - F e r r o us M e t a l) B l a c k s m i th P o w er H a m m er O p e r a t or . . . . . . . . .. S t a m p er . . . . . . . . . . . .. H a m m e r m an M o u l d e r, G e n e r al . . . . . . . . . . .. C o r e m a k cr . . . . . . . . . . . .. M e c h a n i c, P r e c i s i on I n s t r u m e n t, G e n e r al . . . . . . .. M e c h a n i c, P r e c i s i on I n s t r u m e n t, M e c h a n i c al . . . . . .. M e c h a n i c, T y p e w r i t er & C a l c u l a t i ng M a c h i ne . . . . . .. A s s e m b l e r, P r e c i s i on I n s t r u m e nt . . . . . . . .. M e c h a n i c, P r e c i s i on I n s t r u m e n t, E l e c t r i c al . . , . . . .- M e c h a n ic O p t i c al I n s t r u m e nt , . , . , . . . -- F i t t e r, G e n e r al . . . . . . . . . . .. F i t t e r, B e n ch T o o l, M a k er J ig a nd F i x t u re M a k er . . . . . . . . . .. J ig B o r er D ie M a k er D ie S i n k e r, H a nd . . . , , D ie C o p y i ng M a c h i ne O p e r a t or . . . . . . . .. P r o f i l i ng M a c h i ne O p e r a t or . . . . . . . . .. T o ol S e t t e r, G e n e r al T o ol S e t t e r, P r e ss . . . . . , . . . . -• S e t t e r, F o r g i ng P r e ss . . . . . . . . . .. S e t t e r, A u t o m a t ic M a c h i ne , . . . . , . . .- T u r n er M e t al S p i n n er . . . . . . . . . . .. T u r r et & C a p s t an L a t he O p e r a t or S h a p cr P l a n er S l o t t cr M i l l er G e ar C u t t er H e a vy D u ty E n d - M i ll O p e r a t or . D r i l l e r, G e n e r al R a d i al D r i l l er T o w er D r i l l i ng M a c h i ne O p e r a t or . , . . . . . .- B o r er . . . . . . . . . . . • •• C y l i n d er B o r er . * * . .. • • • • *• G r i n d e r, G e n e r al
G r i n d e r, T o ol & C u t t er S u r f a ce G r i n d er T h r e ad G r i n d er H o n er . , . . . * , . . . • • •• L a p p er P o w er P r e ss O p e r a t o r, M e t al . . . . . . . . -- D i v i d i ng M a c h i ne O p e r a t or A s s e m b l e r, W o r k s h op M a c h i n es & E q u i p m e nt . . . . . .. Mechanic, Aircraft (Engine Overhauling) M e c h a n i c, P e t r ol E n g i ne . . . . . . . . . .. M e c h a n i c, A u t o m o b i le F i t t e r, A u t o m o b i le . . . . . . . . . . .. M e c h a n i c, D i e s el E n g i ne T r a c t or M e c h a n ic . . . . . . . . . . .. M e c h a n i c, R o ad R o l l er . . . . . . . . . .. M e c h a n i c, S t a t i o n e ry S t e am E n g i ne Fitter, Stationery Steam Engine F i t t e r, M a r i ne . . . . . . . . . . .. F i t t e r, L o co
732-10 732-15 712"35 732-45 7 32 . ;o 733-10 733-20 733-30 733-4° 734-10 734'4° 740-00 740•10 740•20 740•2; 740-30 740'40 750 • 10 750-15 750•20 750'25 750-30 750-35 750•40 750-45 750-50 750-60 750-65 750-70 750-75 751-10 751-12 751-15 751-20 751-22 751-26 751-30 751'32 751-35 751-40 751-42 751-45 751-50 751-52 751-55 751-58 751-62 75I-65 751-67 751-70 751-72 751-75 751-83 752-10 753-18 753-25 753-27 753'30 753-35 753-40 753-42 753'47 753-49 753-51 753-53
Occupation
N . I C. O. C o de N o.
7 5 3 - 55
7 5 3 * 58 753'<58 F i t t e r, R a i l w a y j C a r r i a ge & W a g on M e c h a n i c, M a i n t e n a n ce . . . . . • • • • •' M e c h a n i c, R e f r i g e r a t i on & A ir C o n d i t i o n i ng U n it . . . . ..
,
.
.
rtnnomcr . . " " • , • -• M e c h a n ic G e n e r al . . .. , - . . • • •* S h e et M e t al W o r k e r, G e n e r al . . . . . •• . .. S h e et M e t al W o r k e r, S t r u c t u r al S h e et M e t al M a c h i ne O p e r a t or , . , . - . • • •• T in S m i th . P l u m b e r, G e n e r al P i pe F i t t er . . . , . . . . . - • •• Welder, Gas . W e l d e r, E l e c t r ic W e l d e r, M a c h i ne G aa G u t t er P l a t er T u b e s m i th B o i l er . . . . . . . . - • -• B o i l er M a k er R c v e t er . . . . . . . . . . . - •• E l e c t r o p l a t er E n a m e l l e r, H a nd G a l v a n i z cr . . . . . . . . . . . .. V i e w e r, W o r k s h op . . . . . . . . - • •• E n g r a v er P a n t o g r a ph M a c h i ne O p e r a t or E m b o s s e r, B l o ck . . . . . . • • - • •• S h ot B l a s t er P o l i s h er . . . . . . . . . . . .. T o o l m a k c r s, M a c h i n i s t s, P l u m b e r s, W e l d e rs a nd B e l a t ed W o r k e r s, O t h er E l e c t r i c i a n, G e n e r al . . . . . . . . • • •• E l e c t r i c i a n, A u t o m o b i le . . . . . . . - • -• X - R ay M e c h a n ic S w i t ch B o a rd A t t e n d a nt O p e r a t o r, B a ck W i r i ng A s s e m b ly O p e r a t or ( R a d io M a n u f a c t u r i n g)
. l e c t r i c al F i t t er A d j u s t e r, R e l a ys K a d lo M e c h a n ic , . . . . . . . • •. R a d io C r a f t s m an ( M a i n t e n a n c e) , , . . . . • .- R a d ar M e c h a n ic . . , . . • • • • •• I n s t a l l a t i on M e c h a n i c, T e l e p h o ne a nd T e l e g r a ph . . . .. M a i n t e n a n ce M e c h a n i c, T e l e p h o ne a nd T e l e g r a ph . . . .. T e l e p r i n t er M e c h a n ic . . . . . . - • •• L i n e m a n, L i g ht a nd P o w er ' W i r e m a n, L i g ht a nd P o w er . . . . . . . .. C a b le J o i n t e r, L i g ht a nd P o w er R a d io T e c h n i c i an ( R a d io M a n u f a c t u r i n g) A r m a t u re W i n d er . . . . . . . . . .. Coil, Winder Machine B a t t e ry S e r v i c i ng M an . . . . . . . . .. B a t t e ry R e p a i r er O p e r a t o r, I m p r e g mr on P l a nt . . . . . . ..
7 5 3 ' 7° 7 5 3 - 76 754-oo 754-io 754'20 754'4O 755-10 755'20 756-10 7<;6-2o 756*30 7S6-40 757-10 757-35 757-40 757-70 758'3O 758-40 758-60 759-10 759-20 75925 759-30 759-50 759-60 759-80 760•10 760-20 760-25 760-30 761-20 761-30 7*1*35 761-40 762-10- 762•20 762 -3" 763-10 763'i5 763-3O 764-20 764-25 764-4L 769-40 769-45 769'5o 769•60 760-62 769-75
( E l e c t r i c al E q u i T r e nt M a n u f a c t u r i n g)
. . . . . . . ..
. * • - > • > '*
770-00 770-10 770-20 770-70 771- io- 771•55 772-10 772 l3o 772-?3 773•20 773-80 C a r p e n t e r, G e n e r al C a r p e n t e r, C o n s t r u c t i on nl . . . . . . . .. C a r p e n t e r, S t r u c t u r al P a t t e rn M a k e r, W o od S h i p w r i g h t, W o od C a r p e n t e r, B o at B u i l d i rg W o od S a w y er M a c hv e, G e n e r al . . . . . . .. W o od M a c h i n i s t, G e n e r al W o od T u r n er M a c h i ne C o a ch B o i l d er "Railway B o dy B o U d e r, O t h er VchiclerB
4"
O c c u p a t i on
N . C . O. C o de N o.
: . " : . . ..
77S"20/ / j ^ 779-63 7 79•70 779-30
780-00 780-35 791-10 791'20 791-30
812-10
812-15 812-20
.
-
. . . . . . . ..
813-20 814-10 814-12 8I5-3O 815-50 815-55 815-60 820-30 831-10 851•60 852-10 852-30 852-35 852-40
O /\J J.VJ
*.
C a b i n et M a k er . . . . . . . . . . .. W o od P o l i s h er S aw G r i n d e r, M a c h i ne C a r p e n t e r s, J o i n e r s, C a b i n et M a k e r s, C o o p e rs a nd R e l a t ed W o r k e r s, O t h er P a i n t e r, G e n e r al P a i n t e r, S p r ay S t o ne M a s on B r i c k l a y e r, C o n s t r u c t i on B r i c k l a y e r, F i r e - B r i ck T r a n s f e r ee P h o t o m e c h a n i c al . . . . . . . . .. B l o w er ( G l a s s) B l o w e r, L a b o r a t o ry A p p a r a t us ( G l a s s) . . . . . . .. B l o w i ng M a c h i ne O p e r a t or ( G l a s s) P r e s s m an ( G l a s s) L e ns G r i n d er L e ns P o l i s h er - B a ll M i ll O p e r a t or ( C e m e nt & C e r a m i c s) P ug M i ll O p e r a t or ( C e r a m i c s) S l ip M a k er ( C e r a m i c s) F i l t er P r e ss O p e r a t or ( C e r a m i c s) R o l l e r m an ( F o o d g r a i n s) P r o c c s s m a n, C h e m i c al R e p a i r e r, T y re T a b l et M a c h i ne O p e r a t or (Plastics) M o u ld S e t t er (Plastics) I n j e c t i on M o u l d i n g, M a c h i ne O p s r a t or (Plastics) . . . . .. C o m p r e s s i on M o u l d i ng M a c h i ne O p e r a t or (Plastics) . . . . .. S.t"r*flm "Rfltrin^ T^i*iVf*f* * I. C, E n g i ne D r i v er . . . . . . . . . .. Air C o m p r e s s or O p e r a t or Boiler T i n d al Boiler A t t e n d a n t, C o al F i r ed D r i v e r, S t e am C r a ne C r a ne O p e r a t o r, Diesel/Electrical M o b i le C r a ne O p e r a t or O v e r h e ad C r a ne O p e r a t or Rigger Slihgcr Bulldozer O p e r a t or S c r a p p er O p e r a t or G r a d er O p e r a t or . . . . . . . . . . .. R o ad Roller D r i v er F o rk Lift T r u ck O p e r a t or T r a c t or D r i v e r, C o n s t r u c t i on
. . . . . . . ..
870-15 •870-20 871-10 871-20 872-10 872-15 872-30 872-40 873'io 873-20 874-10 874-15 874-40 874-60 875-45 879-10
App&tt>h£
THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN NATIONAL SERVICE) RULES, 1963.
' J
FOBM A
[See rule 6(6) ]
Name of establishment
Register of technical personnel
Practical Experience (in Chronological order)
Apprentice ship Training
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THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN NATIONAL SERVICES) RULES 1963
FORM B
Order requiring an establishment to release Technical Personnel [See section 23 rule 9(5)]
In exercise of the powers conferred on us by clause (a) of sub-section (2) of section 23 of the:
Defence of India Act, 1962, we da hereby order and require you the employer of
to release on or before the IQ6 the technical personnel described below for employment in the national service in a notified establishment viz
situated at
Personnel
Name Date ot birth Occupation
Chairman or authorised officer, National Service Tribunal.
Dated
the
T96 .
To
THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN
NATIONAL SHRVfCES) RULES 1963
FORM C
Order directing technical personnel to take up employment in the national service.
[(See section 23 and rule 9(5)]
In exercise of the powers conferred on us by clause (a; of sub-section (2) of Section 23 of thc- Dcfcncc of India Act 19625 we do hereby direct and require you Shri
son of
by occupation
being a notified establishment
for of... to undertake employment in the national service as in situated at, We do further direct and require you to report yourself to duty in the said establishment not later than the
196 • 2. The following terms of service have been fixed by us in accordance with Rules 10 to 12 and2 15 of the Defence of India (Employment of Technical Personnel in National Service) Rules, 1963.
(1) Salary or wages, including allowance, if any
(2) Provident Fund (if any)
(3) Gratuity (if any)
(4) Bonus (if any)
(5) Leave
(6) Travelling allowance
(7) Salary or wages during transit
(8) Other concessions (if any)
Note : Your attention is drjwn to Rule 20 under which if on the termination of your employ- ment in the national service you do not .ipply to your present employer for rc-fnstatcment within a period of four months from ine date of such termination you will be liable to forfeit the right to reinstatement.
Chairman or authorised officer, National Service Tribunal.
Dated
the
196
To
THK DEFENCE OF INDIA (EMPLOYMENT OF THCHNICAL PERSONNEL IN
NATIONAL SERVICE)RULES, 1963
FORM C—I
Order transferring technical personnel from one form of place of employmct in the national
service to another
[See section 23 ar d rule 9(5)]
In exercise of the powers conferred by sub-section (4) of section 23 of the Defence of India Act 1962 we do hereby order that Shri of
son of by occupation be transferred from
being a notified establishment as
to report himsef for duty in the said establishment not later than and to direct the said Shri to the
11(6
2. The following terms of Service have been pixed in accordance with Rules 10 to 12, 13 and 15 of the Defence of India (Employment of Techr ical Personnel in National Service) Rules 1963.
(1) Salary or wages , including allowance, any
(2) Provident fund (if any)
(3) Gratuity (if any)
(4) Bonus (if any)
(5) Leare
(6) Travelling allowance
(7) Salary or wages during transit
(8) Other concessions (if any)
Chairman or authorised officer, National Service "Tribunal, Dated
the
I9&3-
To
OF INDIA (EMPL< MT OF , sTICAL IN NATIONAL SERVICE) RULES 1963.
FORM C—II
Order requiring an establishment to provide training as Technical Personnel.
[See Section 33 and rule 18(2)]
In exercise of the powers conferred on us by clause (b) of sub-section (2) of Section 23 of the Defence of India Act, 1962, we do hereby order and require you the employer of to take in to your establiihment the following persons for training as technical per- sonnel, namely before th- 196 , within months from the date of this order, on the terms and conditions specified below, and you arc hereby warned that on the expiry of months from the date of this order an equivalent number of technical personnel will be removed from your establishment for work of national importance elsewhere.
Terms and conditions
Chairman or authorised officer
National Service Tribunal.
Dated
. . the 196 .
To
T HE D E F E N CE OF I N D IA ( E M P L O Y M E NT OF T E C H N I C AL P E R S O N N EL IN N A T I O N AL SERVICE) R U L E S, 1963.
FORM D
Form of appeal to be used by establishments.
[See section 23(7) and rule 25I
1. Name and address of establishment
2. Name and address of employer of establishment
3. Name of Manager
4. Establishment in which engaged
5. Details of:personnel called up (including the occupation to which the personnel b e l o n g s ) . . . . ..
6. Terms of service fixed by Tribunal
7. Brief particulars of order appealed against
8. Grounds of appeal
Pkc"
Signature of Appellant.
Dtfed
SEC. 8 (i)j f r it fcAZtttt OF INt>iA EXfRAORblNARY $3
THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN
NATIONAL SERVICE) RULES, 1963.
FOKM E
Form of appeal to be used by Personnel taken into employment in the National Service.
[See section 23(7) and rule 25J
1. Name
2. Father's name
3. Home Address
.4. Date of birth
5. If married, number of dependants
6. Occupation and grade or class in which included
7 .Number of years experience in such occupation
8. Establishment in which employed
9. Salary or wages and terms of service fixed by Tribunal
10. Salary or wages and terms of service enjoyed in previous employment
11. Brief particulars of order appealed against
Place
Signature of Appellant.
Date
THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN
NATIONAL SERVICE) RULES, 1963.
FORM F
Register of National Service personnel to be maintained by notified establishments.
(See rule 26).
Occu-
Date of
Home Address
pation
Date of birth
SI. No. Name
Father's name
If mar- ried., number
release or
Terms of Service
of
transfer
Establish- ment by which re- leased or from which transferred
depen- dents
6
8
1
2
10
5
7
9
4
3
^4 THE GAZETTE OF INDIA EXTRAORDINARY [t>AM 1 1-
TH E DEFENCE OF INDIA (EMPLOY MKNT OF TECHNICAL PERSONNEL IN NATIONAL SKRVK'Ei RULES, 1963
FOBM G
Order requiring establishments to post notices on their premises.
(See secuon 25 and rule 29)
In exercise of ihc powers conferred on us by sub-section (I) of section 23 of the Defence of
India Act, 1963, we do hereby require you the employer of being an establishment—
(1) to post before the 196 and keep posted and maintain in a legible condition in the language generally spoken in the loathly or/and in.. , in conspicuous places on your premises and at leasi RT every entrance normally used by your employees a notice fin the attached form 1* making known the provisions of sub-sections (1) and (2) of section 25 of the Pell-net, of India Act, 1962 (reproduced hereundcr);
(2) to read out the notice in the m;i" ng: Ecnerally spoken in the locality once in every
month to all ihe persons working on the premises; and
(3) to intimate the following address as the place to which applications to the Tribunal may
be addressed:—
Chairman or authorised officer,
National Service Tribunal.
Dated the 196
To
Relinquishment of employment by, 2V1) Subject 10 any rules made in this behalf, a National dismissal of, and engagement by Service Tribunal may require any establishment establishment of, technical personnel. (including a notified cstahlishmeru 10 post before a specified date and to keep posted, on its premises notices intimating that—
fa) no person included within the definitionjof tech- nical personnel who is employed in the establish- ment shall at any time after the posting of the notice, leave his employment without the previous permission in writing of the National Service Tribunal;
(6) if the National Service Tribunal refuses such permission, ihat tribunal may lay down, subject to the prescribed conditions, the terms of service on which the employer shall, continue to retain him in employment;
{c) if any such person leaves his employment with- out the previous permission in writing of the Tri- bunal as aforesaid he may be directed by the Tri- bunal to return to his employment.
(2) After notices jefcrred to in sub-section (ij have been posted on ihe premises of any establishment (includ- ing a notified establishment), no employer in the es- tablishment shall engage, discharge or dismiss tiny person included in the definition of technical personnel except in accordance with rules made in this behalf.
•Strike out if no form is provided by the Tribunal,
i,EC. 4(1)] GA2 .TTE OF INDIA AORD1NA $$
THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN NATIONAL SERVICEi RULhS, iy63
FORM II
Notice of summary enquiry to establishments
[See ruleg(,2)]
the employer of ail establishment situated nt is hereby informed that a summary erquiry will be held uider sub-rule (i) of rule 9 ofihc Defence of India (.Employment of Techa'iical Personnel in National Service) Rules, 1963 at A.M/P.M. on the 196 to determine whether the said establishment should be required to release the at undcrnored technical personnel
employment in the national •.eriice
for ~- . . • —-——
transfer to another form /place of employment in the national service.
If the said employer of the fotahlishmcnt has any objection to put forwaid to (he release/ transfer of the said perso inel he should submit the same to the Tribunal on or before the above mentioned date and may, if he so desires, appear before the Tribunal nn that dale at the time fixed, failing which, orders will be passed cx-partc.
Technical Personnel
Name Date of birth Occupation
Clian man or authorised officd,
National Service Tribunal
Dated the 196 To
THH DEFENCE OF INDIA fEMPLOYMENT ill? TECHNICAL PERSONNEL IN NATIONAL SFKVICE)RULL^, 963
FORM J
Notice of summary enquiry to Technical Personnel
[.Sec rule 9(2)]
Shi 1
son of b> occupation
at present, employed in
,s he r cby informed that a summary enquiry will be held under sub-rule (1) of rule 9 of the Defence of India (Employment of Technical Personnel in National Service) Rules, 1963 at A.M./P.M. on the 19 at
to determine directed to undertake employment in the national Service.
whether he should be ——
transferred 10 another form/place of employment in the national service
If Shri h.is any objection to put forward to being directed to undertake employment/being transferred, he should submit the same to tlr* Tribunal on or before the above- mentioned date and may, if hi wishes it, appuir before the Tribunal on that date at the time fixed failing which, orders will be passed cx-partc.
Chairman or authorised officer,
National Service Tribunal.
Dated '.the 196
To
<>{> ftiti GAzittfe OF iNbiA kxtRAoftbiKAki' [PA"T i t-
THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN NATIONAL SERVICE) RULES, 1963
FORM K
Application for Technical Personnel
[See section 22(2) and rule 28]
1. Name and address of the'notifled establishment
2. Name and address of employer making the application . . . . 3. Technical personnel required (give details of occupations wanted) . . .
4. Purpose for which personnel is required (state
nature and purpose of work on which the personnel is to be employed) . . 5. State salary or wages paid to similar personnel
in the notified establishment
6. Does the establishment maintain a Provident Fund or Superannuation Fund or any fund or scheme for the benefit of the employees ? If so, give details
7. Docs the establishment allow leave or holidays with pay to its employees ? If so give details
8. Does the establishment provide (1) free accom- modation (2) free medical attention, or (3) any other amenities for its employees ? If so, give details . . . .
9. I hereby apply under the provisions of section 22(2) of the Defence of India Act, 1962, for the allotment of the technical personnel described in item 3 above to being a notified establishment. I have read and understood the provisions of sub-section (2) of Section 22 of the Defence of India Act, 1962.
Dated
the 196 .
Signature of Employer.
To
THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN NATIONAL SERVICE) RULES, 1963
FORM L
Order directing Technical Personnel to present themselves for interview, inquiry and submission to a test of their skill,
[See section 23(2)(c) and rule 8(3)]
In exercise of the powers conferred on us by clause (c) of sub-section (2) of section 23 of the Defence of India Act, 1962, we do hereby direct and require you Shri
son of
of by occupation....
to present yourself before at
on the
1 9 , .. ,at a.m./ p.m. for interview/inquiry and if required submit yourself to a test of your technical skill. 2, You will be deemed to be on duty during the period of your absence from work for the purpose specified in paragraph I and will be entitled to receive your salary or wages from your employer for the period of your absence not exceeding one day and from the Tribunal for any period in excess of one day. You will also receive your travelling expenses from the Tribunal.
Chairman or authorised Officer, National
Service Tribunal.
Dated
the 196 .
To
THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN NATIONAL SERVICE)] RULES, 1963.
F O R M 'M
Application for permission to discharge or dismiss technical personnel,
Notice of discharge or dismissal of technical personnel.
[See section 25 and rules 22(1) and 29]
to be discharged
1. Name of personnel or dismissed
discharged
2. Address (Permanent) . . , . 3. Address (Temporary) . , . . 4- Age 5. Occupation . . . . . 6. Rate of Pay
7- Work on which engaged . . . 8. Name of establishment where employed and the date from which employed . . 9. Address of establishment . . .
10. Reasons for the discharge or dismissal . 11. Date from which discharge or dismissal is pro-
to be
posed given effect to
was
12. Skill and capabilities of technical personnel
(Please give sufficient indication to enable the Tribunal to jud^e to what extent the personnel may be suitable for employment in the National Service).
THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN NATIONAL SERVICE) RULES, 1963
FORM M -I
Notice of release or removal of technical personnel from one establishment to another
[See section 2<, and rule? 22(1) and 29]
1. Name of personnel released or removed
- 2. Address (Permanent) . . . , 3. AddresB (Temporary) . . . 4- Age 5. Occupation , . . . . 6. Rate of pay in previous and present employ- ments . . . . . 7. Work on which actually engaged in previous employment . , . . . 8. Work on which actually engaged in present employment , , . . . 9. Name and address of the establishment where previously employed and the date from which employed . , , . 10 .Name and address of the establishment where at present employed and the date from which employed . . . . .
11. Reasons for release or removal . . 13. Date of release or remow 1 . .
THE DEFENCE OF INDIA (EMPLOYMENT OF TECHNICAL PERSONNEL IN NATIONAL SERVICE) RULES, 1963
FORM N
Application of Technical personnel for permission to leave employment
[See section 25(1) and rule 29(2)]
1. Applicant's name . . .
2. Address (permanent)
3. Addrcas (Temporary)
4- Age 5. Occupation , . , . . 6. Rate of Pay 7. Name of establishment where employed and
the date from which employed 8. Address of the establishment . . 9. Reasons why applicant wishes to leave
NOTE I.—Applicants are adTised to submit this application to the Tribunal through their employers as thii will save time.
NOTE 2.—Employers forwarding applications are requested—
(i) to state on the reverse what objection, if any, they have to the grant of per-
mission under section 25(1).
(it) to give sufficient details of the work on which the applicant is at present employed to indicate to what extent his services are essential or otherwise ; and
(m) to indicate what degree of skill at his]occupation the appli cant is considered
to pol"ess.
FORM O
SERVICE CERTIFICATE
(See rule 23)
PART I—PERSONNEL PARTICULARS
1. Name (in BLOCK lcttera)
2. Father's name
3. Religion
4. Age or date of birth
5. Home Address :—
(a) ViUaf c (6) Pott Office (c) Railway Station (d) Tchsil or Sub-Division (") District (/) State
-.
.......
6. Identification marks .
7. Education (State standard attained)
8. Technical education or training if any
9. Induitrial Experience
PART II—DETAILS OF EMPLOYMENT
1. Name of establishment . . . 2. Department^) in which employed (state Ticket
No. also)
3. Employed as (*) (ti) (HI)
from to from to from to
4. Rate of pay on leaving service : per month/per
day/per hour . . ,
5. Reasons for leaving service . . . 6. Time keeping 7. Proficiency in occupation
8. No and date of authorisation issued by or notice given to Tribunal under section 25 and rule 22 in regard to leaving of cmploy- ment/digcharge/releasc/transfer .
9. Employee's signature or thumb print
10. Employer's signature and designation .
Date of issue ,
PART III—SUBSEQUENT EMPLOYMENTS
• N O T E— In r e s p e ct of s u b s e q u e nt e m p l o y m e n ts t he p a r t i c u l a rs In " P a rt I I — D e t a i ls of employment" should be furnished by each subsequent employer.
[No./F. 3/63-Poll (Spl.)]
HARI SHARMA, Addl. Secy.
PRINTED IN INDIA BY THE GENERAL "MANAGER, GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DKLHI, 1 9 63