Subject NOT available · Indian Gazettes

REGD . No. D-222

The Gazette of India

सम्बंपिकजयने

PUBLISHED BY AUTHORITY

NEW DELHI , SATURDAY, OCTOBER 19 , 1963 ( ASVINA 27 , 1885)

Separate paging is given to this Part in order that it may be filed as a separate compilation

PART III- SECTION 4

Miscellaneous Notifications including Notifications , Orders, Advertisements and Notices issued by Statutory Bodies

INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA

New Delhi- 1 , the 9th October 1963

No. 1 -CA ( 28 ) / 2/ 62- In pursuance ofsub -Regula- tion (4) of Regulation 42C of the Chartered Account- ants Regulations, 1949, the Council of the Institute of Chartered Accountants of India is pleased to notify the setting up of a Branch of the Western India Chartered Accountants Students ' Association at Poona with effect from 1st November 1963. This Branch shall be known as the Poona Branch of the Western India Chartered Accountants Students' Association .

As prescribed under Rule 4 ( b) of the Chartered Accountants Students' Association Rules , this Branch shall at all time function subject to the control , supervi- sion and direction of the Central Council exercised through the Western India Regional Council or the Western India Chartered Accountants Students ' Associa- tion and shall be governed by the Directions issued by the Central Council for the functioning of the branches of the Students ' Association or such other Directions that may be issued from time to time .

The 10th October 1963

No. 1 -CA ( 31 )/ 63-The following draft of certain amendments to the Chartered Accountants Regulations , 1949, which it is proposed to make in exercise of the powers conferred by sub -sections ( 1 ) and ( 3 ) of Section 30 of the Chartered Accountants Act, 1949 ( XXXVIII of 1949 ) , is published for information of all persons likely to be affected thereby and notice is hereby given that the draft will be taken up for consideration on or after the 9th December 1963 .

Any objection or suggestion which may be received from any person with respect to the said draft before the date specifled will be considered by the Council of the Institute of Chartered Accountants of India , New Delhi .

In the said Regulations

J. In regulation 2, at the end of clause (x ) , add the following:--

" (xi ) 'War Service' means-

(a) Service of any kind in a unit or formation lia- ble for service overseas or in any operational area;

(b) Service in India under military , munitions or stores authorities with a liability to serve over- seas or in any operational area;

(d) A period of training with a military unit or for- mation involving liability to serve overseas or in any operational area ;

(e) Service in any civil defence organisation speci- fied in this behalf by the Central or the State Governments ;

L/G95G1/63

( f) ( i ) Any service connected with the prosecution of the war which a person is required to undertake by a competent authority under the provisions of any law for the time being in force ; and

( ii) Such other service as may hereafter be declared as war service by the Council for the purpose of this definition.

Explanation Only whole time service of any of the kinds specified above will be recognised as war service" . II . For sub -regulation ( 3 ) of regulation 5 , substitute the following:-

"(3) For the purpose of sub - section ( 3 ) of Section 5 of the Act, an Associate shall be deemed to have been in practice during the periods he held an Auditor's Certificate as a Government Diplo- mate in Accountancy or as a Registered Account- ant or during the periods he was engaged in war service :

Provided that such war service was taken up speci- fically for helping the Country during the period of a National Emergency and provided further that he was engaged in the maintenance of accounts or in carrying on allied functions . " .

III . In sub - regulation ( 4 ) of regulation 22, in paper (v) of Group I and in paper ( i ) of Group II , the words "Expenditure Tax" be deleted .

IV. In regulation 31, renumber the existing Explana- tion as Explanation II and add the following Explanation 1 :-

"Explanation I-For the purpose of this regulation , any service not exceeding a period of one year rendered by an articled clerk and 2 years render- ed by an audit clerk , in war service during the period of a National Emergency, shall be deem- ed to be service rendered under articles or as an audit clerk , as the case may be , under these Regulations ."

V. Add the following Explanation at the end of Re- gulation 31A :

"Explanation For the purpose of this regulation , any service not exceeding one year rendered by an articled clerk and two years rendered by an audit clerk in war service during the period of by a National Emergency shall be deemed to be service rendered under articles or as an audit clerk , as the case may be, under these Regula- tions ." .

VI . Add the following Explanation to regulation 32 :

"Explanation-For the purpose of this regulation, a member shall be deemed to have been in prac- tice during the periods he was engaged in war service :

(629 ) 630

[ PART HI-SEC. 4 THE GAZETTE OF INDIA, OCTOBER 19 , 1963 / ASVINA 27 , 1885

(2) A chartered accountant in practice may, without any permission of the Council, render such services as may be necessary in relation to any of the matters including allied matters , specified in clause ( 1 ) . "

Provided that such war service was taken up speci- fically for helping the country during the period of a National Emergency and provided further that he was engaged in the maintenance of accounts or in carrying on allied functions ." .

B. R. MALHOTRA

Secretary VII . In regulation 36 , add the following sub - regula- tion after existing sub - regulation ( 4 ) : -

MINISTRY OF LABOUR AND EMPLOYMENT

Employees' State Insurance Corporation New Delhi - 1 , the 3rd October 1963

CORRIGENDUM

"(5 ) The Council , on receipt of information or a complaint that an articled clerk has been guilty of misconduct , may institute an enquiry against him and on a consideration of the result of the enquiry take such disciplinary action against him, including refusal of permission for him to continue the course , as it may deem fit . " .

VIII . In regulation 41B , between the existing second proviso and the Explanation , insert the following further

proviso :

In this Office Notification No. 3 / ( 2) -12/60 - Estt.II , dated the 27th May 1963, published at page 268 in Part III , Section 4 , of the Gazette of India, dated the 8th June 1963, delete the words "Ex - officio " appearing against S. No. 5 and add the words " Ex- officio " at the end of S. No. 7 .

V. N. RAJAN Director General

Office of the Chief Inspector of Mines

Dhanbad, the 8th October 1963 "Provided further that the employer shall allow the articled clerk , if he so desires , to receive training in the Territorial Army , Home Guards or in any similar Organisation intended for National Defence, and such period not exceeding 60 days in a year shall not be taken into consideration in arriving at the total period of leave availed of by the articled clerk." .

IX. In regulation 42A, between existing sub - regulations ( 3) and ( 4) , add the following sub - regulation (3A)

No. 49242G-In exercise of the powers conferred by Regulation 2 ( 2 ) of the Coal Mines Regulations , 1957 , the following addition to the list of "Approved Safety Lamps" is hereby issued.

LIST A FLAME LAMPS

Condition

Manufacture

Type

"(3A) The Council , on receipt of information or a complaint that an audit clerk has been guilty of misconduct, may institute an enquiry against him and on a consideration of the result of the enquiry, take such disciplinary action against him, including refusal of permission for him to continue the course , as it may deem fit . " .

M/s . J. K. Dey Velox & Sons, 13 , Old Type China Bazar Gd. 5 . Street, Calcutta- 1 .

X. In sub - regulation ( 8 ) of regulation 42A , between the existing proviso and the Explanation , Insert the fol- lowing further proviso :

1 (a ) The lamp shall be fitted with a self-extinguishing device which would ensure that the with- drawal of the fuel vessel from the lamp automatically extin- guishes the flame before it is exposed to the external atmos- phere so as to provide safety against an opened lamp in dangerous inflammable mosphere . at- "Provided further that the employer shall allow the audit clerk , if he so desires , to receive training in the Territorial Army , Home Guards or in any similar Organisation intended for National Defence, and such period not exceeding 60 days in a year shall not be taken into consideration in arriving at the total period of leave availed of by the audit clerk . " .

XI. In regulation 46, for the words " two hundred and fifty" the words " two hundred and ninety " be substituted.

XII . In sub - regulation ( 12 ) of regulation 62 -H, for the words "one hundred and twenty- five " , the words " one hundred and forty - five " be substituted .

(b) The present detachable device fitted for the above purpose shall be replaced with a modi- fied design in which the device is not detachable and remains fixed in the lamp or is of such a design that the lamp can- not be assembled without the protective device being in posi- tion in the lamp . The modified design shall be incorporated in the lamp within six months of XIII . For the existing regulation 78 , substitute the following :--

the date ofthis approval. 2. The outer glasses fitted in the lamp shall be of a type which has passed the tests given in the Testing Memorandum No. 1 Ministry of Fuel & Power , U.K ..

3. The outer and inner gauges fitted in the lamp , which are import- edfrom U.K. at present , shall not be replaced with indige- nous-make gauges except with prior aproval of Chief Inspec- tor of Mines .

"78. Part- time employments a chartered accountant in practice may accept Notwithstanding any- thing contained in regulation 79, but subject to the control of the Council , a chartered account- ant in practice may act as a liquidator , trustee . executor , administrator , arbitrator , receiver , or may take up an appointment that may be made by the Central Government or a State Govern- ment or a Court of Law or any other legal authority or may act as a secretary in his pro- fessional capacity , provided his employment is not on a salary- cum - full-time basis" .

XIV. For the existing regulation 79 , substitute the following :--

4. The lamps shall be fitted with magnetic locking system. 5. Each lamp shall carry on ap- proval plate of this office as per design given in the Schedule .

6. A copy of this approval shall be issued with each consignment of the lamps . The above approval may be amended or withdrawn at any timo.

"79. Chartered Accountants in practice not to engage in any other business or occupation-A charter- ed accountant in practice shall not engage in any business or occupation other than the pre- fession of accountancy, except with the permis- sion granted in accordance with a resolution of the Council.

G. S. JABBI

Chief Inspector of Mines

SCHEDULE

Explanation- ( 1 ) ' Accountancy' means both general and specialised accountancy and includes- (a) audit;

(b) cost accountancy;

APPROVALNS

(d) accountancy in relation to company law and mercantile law;

CIM

(e) accountancy in relation to management;

GOVT OFINDIA

(f ) accountancy in relation to financial control; and

(g) any other activity specified or to be specified under sub -section ( 2) of Section 2 .

PART IH- SEC, 4 ]

631

THE GAZETTE OF INDIA , OCTOBER 19 , 1963 /ASVINA 27 , 1885

AIR- INDIA

AIR - INDIA EMPLOYEES' SERVICE REGULATIONS

In exercise of the powers conferred by clause ( b ) of Sub - section ( 2 ) of Section 45 read with Sections 8 ( 2) and 20 ( 1 ) of the Air Corporations Act, 1953 ( 27 of 1953 ) , Air - India, with the previous approval of the Central Government , makes the following Regulations , namely :-

CHAPTER I

PRELIMINARY

1. Short Title-These regulations may be called the Air - India Employees' Service Regulations , and define the conditions of service of the employees of the Corpо- ration . They are based on a recognition of the fact that the Air Transport Industry is a public utility service which must operate round the clock on all days of the week.

2. Commencement and Scope-( i ) These regula- tions shall come into force on and from the date of notification and shall apply to all employees of the Corporation on Indian scales of pay : Provided that in respect of part- time or temporary employees , the Gene- ral Manager may , by general or special order , exclude or limit the application of any of these regulations .

(ii) Nothing contained in these regulations shall have the effect of altering the terms of any contract of em- ployment which may exist between the Corporation and any of its employees , or the provisions of any special law for the time being in force in India or any other country.

3. Definitions In these regulations , unless the con- text otherwise requires :-

(a) " the Act " means the Air Corporations Act , 1953 (27 of 1953 ) .

(b) "Corporation " means Air - India.

(d) "General Manager " means the General Mana- ger of the Corporation .

(e) "Competent authority " means in relation to exercise of any power , the Corporation, the Chairman , the General Manager. Head of De- partment or any other officer specified in that behalf.

( f) "Head of Department" means the Commercial Director . Financial Controller , Controller of Stores & Purchase , Operations Manager , Engi- neering Manager , Director of Planning & International Relations and Personnel Mana- ger, or any officer holding temporary charge for any of them, and any other officer so designated by the Corporation generally or for any specific purpose.

(g) "Employee" means a person in the service of the Corporation . Employees may be classified into permanent or temporary employees or as probationers or substitutes or as flying and non-flying or ground personnel ; or as officers or executives or as supervisory or non - super- visory staff, or as clerks or operatives ; or fur- ther classified as skilled , semi -skilled and un- skilled workers .

(h) "Permanent employee" means a person who has been confirmed in a permanent vacancy.

(hh) The expression "Operating Crew " includes Pilots, Navigators , Flight Engineers and Flight Radio Telephony Operators ; the expression "Cabin Crew" includes Flight Pursers . Air Hostesses, Assistant Flight Pursers and Cargo Attendants , and the expression " Flight Crew" denotes both the categories specified above .

(i) "Family" includes the employee's wife ( oпе only) residing with him and legitimate child- ren residing with and wholly dependent upon him.

(j ) "Temporary employee" means an employee engaged by the Corporation for a limited period or for work of a temporary nature .

(k) "Month" means a month according to the Gregorian Calendar .

(1) " Pay" means the amount drawn monthly by an employee as :-

(i) Basic pay or basic wages in the grade of the post held by him substantively or in an officiating capacity , and

( ii) Personal pay granted to save an employee from loss of basic pay or on other per- sonal considerations , and

(iii) Any other emoluments which may be classed as pay for any specific purpose .

(m) Deleted .

(n) "Temporary transfer " means transfer for a one year from limited period not exceeding the date of posting .

4.Modification etc. of Regulations Subject to the provisions of Section 45 of the Act , the Corporation re- serves to itself the right to modify , cancel or amend any or all of these regulations or orders issued there- under and to give effect thereto from any date which the Corporation may deem fit .

5. Interpretation -The Corporation reserves to itself the right to interpret the meaning of these regulations and any supplementary regulations or orders issued thereunder , and such interpretation shall be final and binding upon all employees and every person interested therein.

6. Cancellation-All previous rules , regulations , rut- ings, orders or notices relating to any term or condi- tion of service are hereby cancelled .

CHAPTER II

APPOINTMENT , PROBATION , ETC.

7. Medical Examination-The appointment of every person in a permanent vacancy shall be subject to his being certified medically fit by the Corporation's Medi- cal Officer or any other Registered Medical Practitioner approved in this behalf by the General Manager : Pro- vided that the General Manager may , for reasons to be recorded in writing , approve of an appointment not- withstanding the medical opinion expressed , if he is satisfied that the disability reported is not likely to affect the occupational suitability of the employée .

8. Probation ( i ) Every person appointed in or pro- moted to a permanent vacancy shall , before his con- firmation in the post. be required to undergo probation for such period not less than 6 months as may be stipu- lated by the competent authority from time to time : Provided that the stipulated period of probation may be extended by the competent authority or reduced at the discretion of the General Manager.

( ii ) For the purposes of confirmation , increment and privilege leave , the period of probation shall be deemed to have commenced from the first day of the calendar month in cases where the employee joins duty on or before the 15th of that month , and from the first day of the following calendar month in cases where the employee joins duty on or after the 16th of that month .

9. Training All employees are liable to undergo training for such period or periods as may be prescrib- ed by competent authority .

10. Provident Fund-A permanent employee on con- firmation and a temporary employee including a próba- tioner, on completion of 12 months' continuous service , shall be required to subscribe to the Corporation's Pro- vident Fund , provided that he may be wholly or partial- ly precluded from so subscribing to the said fund, if he is required to subscribe to any other Superannuation or Pension Fund or a Statutory Provident Fund : Pro- vided further that the Corporation may, in its discre- tion, permit an employee employed on special contract to become a member of the said Fund on such terms as the Corporation may decide in each case .

632

THE GAZETTE OF INDIA , OCTOBER 19 , 1963/ ASVINA 27, 1885 [ PART III-SEC . 4

date from which he joins the post to which he is ap- pointed. If he joins the post before the rest interval , the pay and allowances shall be admissible from the same day and, if after the rest interval , from the following day.

14-A. Fixation of pay on promotion ( i ) On ap- pointment to a higher post , whether on a permanent or officiating basis , the basic pay of an employee in the lower grade shall first be raised by one increment in the scale applicable to the higher post and then fixed at the corresponding stage in that scale : Provided that- re- 11. Search, hours of work , rest interval etc. ( i ) No employee shall enter or leave the Corporation's premises except by the gate or gates appointed for the purpose . While entering or leaving the premises of the Corporation , which includes an Aircraft or surface transport, he is liable to be searched by the Security Staff if, acting without malice , he is suspected of being in wrongful possession of the property belonging to the Corporation . Every search shall be conducted in the presence of not less than two persons and a female employee shall not be searched except by a female or inthe presence of a male employee except with her consent .

(a) if the pay so raised is below the minimum of the higher scale, the pay shall be fixed at the minimum;

(ii) All employees shall comply with the orders issu- ed from time to time relating to attendance , hours of work, shifts , change -over, rest intervals or rest pauses and such other matters .

(b) if the pay so raised falls below the middle point between two stages , the fixation of pay in the higher scale shall be made at the near- est lower stage and the difference between the pay so fixed and the pay raised as above shall be allowed as personal pay to be absorbed in the next increment;

( iii ) All employees shall be at work at the time and place fixed and notified to them . An employee , who after recording his attendance , absents himself from his proper place or places of work during working hours without permission or without sufficient reason, shall be liable to be treated as absent and a proportionate deduction effected from his pay or wages , in accord- ance with the Payment of Wages Act where applicable .

(c) if the pay so raised falls at or above the middle point between two stages , the fixation in the higher scale shall be made at the next higher stage.

( ii) The increment by which the present pay shall be raised under sub - regulation ( i ) above shall be the in- crement applicable to

(a) the corresponding stage in the higher scale if there is such a stage, or

(iv) The weekly hours of work for all categories of employees shall not exceed 48 hours . Any employee may, however , be required by competent authority to work overtime, in which case payment for such over- time to those categories who are entitled to it shall be in accordance with such provisions as may be laid down by the Corporation from time to time .

(b) the nearest lower stage, if there is no such stage, or

an (v) Subject to the provisions of applicable law , employee shall be liable to work on a shift or shifts , as may be necessary , which shall change at such periods as may be specified by the Head of the Department . An employee working on shift shall also be liable to be transferred from one shift to another .

(iii) On reversion to his substantive post, the em- ployee appointed to officiate in a higher post shall be entitled to the pay which would have been admissible to him had he not been promoted.

(vi ) Meal intervals shall be the subject of local arrangements to suit operating conditions at particular bases or stations , it being understood that during periods of abnormal pressure staff may be required to work through normal meal intervals . In such circumstances an alternative meal interval will be allowed, if practic- able. immediately before or after the time of the normal meal interval .

Exception-A pilot in captain's grade , when pro- moted to Senior Captain's grade, will start at the minimum of the grade of Senior Captain and the difference ( if any ) between the minimum and the pay actually drawn by him immediately prior to his promotion will be allowed to him as ' personal pay' to be absorbed in future increments .

a 12. Holidays ( i ) Every employee , other than Member of the Flight Crew , shall be allowed a weekly holiday. An employee required to work on a weekly holiday shall , subject to the provisions of the Factories Act or any other applicable law, be given a day off as substituted holiday , normally within 30 days follow- ing such holiday . The day off admissible under this regulation may, with the permission of the competent authority , be combined with a holiday or any leave .

14-B. Current charge-Anemployee in a post the scale of pay of which is Rs . 300-25-500-50-650 or above, may be required by competent authority to hold current charge of any higher post in addition to his own duties . When such charge is held ' for a period not less than 30 days , he shall be entitled to a charge allowance at the rate of 10 % of the minimum of the scale of the higher post and the difference between the allowances admissible in the higher post and those ad- missible in his own ( except dearness allowance) .

14-C. Disbursement of salaries ( i ) Pay and allow- ances of employees will be disbursed monthly on such dates and in such manner as the Financial Controller or other officer authorised by him may notify from time to time.

( ii ) The number of additional holidays allowed to employees in a calendar year shall not exceed 15 , in- cluding holidays for Republic Day , Independence Day and Mahatma Gandhi's birthday . A list of such holi- days will be published before the commencement of each calendar year . An employee who is required to work on such holiday shall be paid compensation where admissible in accordance with such provisions as may be laid down by the Corporation from time to time .

CHAPTER III

no ( ii ) Except as provided in sub -regulation ( iii ) , employee will be entitled to receive his pay and allow- ances in advance of such date .

PAY, ALLOWANCES , ETC.

(iii) An employee proceeding on leave or tour , may , on the sanction of the competent authority , be paid in advance his pay and allowances for the month or months during which he is on leave or tour, if he is likely to be away from his headquarters on the date or dates appointed for disbursement of pay .

13. Pay & Allowances ( i ) The Corporation reserves the right to determine , with the prior approval of the Central Government, the scales of pay or allowances applicable from time to time , as may be deemed neces- sary or desirable Provided that the Corporation may , without the approval of the Central Government , but subject to any general orders issued by Government for application to all Government undertakings , grant its employees special pay , pasonakay and/or allow- ances which are not treated as pay for the purpose of employer's contribution to the Provident Fund. to

( ii) The scales of pay and rates of allowances of various categories of employees which are subject to Central Government's approval are as given in the Schedule to these Regulations .

15. Increments ( i ) Increments are dependent on business conditions as well as the conduct and ability of the employee and no increment within a grade accrues as of right or as a matter of course . The competent authority may on positive grounds grant or, for reasons to be recorded in writing , withhold an in- crement : Provided that no increment shall be withheld unless ( a) the employee is informed in writing of the grounds on which it is proposed to withhold increment and ( b) he has been given a reasonable opportunity of showing cause why his increment should not be with- held.

14. Pay and Allowance when effective-The pay and allowances of an employee shall be effective from the 633 PART III- SEC . 4 ] THE GAZETTE OF INDIA , OCTOBER 19, 1963 / ASVINA 27 , 1885

CHAPTER V

LEAVE

(ii) Where in a pay scale an efficiency or licence bar is prescribed, the increment next above the bar shall not be granted without the specific sanction of the compe- tent authority.

20. Kinds of leave- Subject to the conditions here- inafter laid down , employees will be eligible for the following types of leave :

(a) Casual leave

(b) Privilege leave

(d) Special Sick leave

(e) Ex gratia Sick leave

15-A. Advance Increments-In any case where an employee has shown outstanding merit, or has display- ed outstanding loyalty or devotion to duty , the Gene- ral Manager may, in his sole discretion , sanction to him advance increments not exceeding two. In such cases, the General Manager will also indicate whether the dates of normal increments shall or shall not be affected.

(f ) Disability leave

(g) Study leave

(h) Maternity leave

( i ) Quarantine leave

( j ) Sports leave

15-B. Secondary Increments ( i ) Subject to the gene- ral conditions laid down in Regulation 15 ( i ) and to the provisions of Sub -Regulation ( ii ) hereof, the following categories of employees shall be eligible for a second- ary increment for every 3 years' service from the date on which they reach the maximum of their grade :

(k) Special Casual leave

(1) Extraordinary leave .

(a) Employees in grades the maximum of which does not exceed Rs . 550 p.m.

(b) Flight Pursers , Examiners and Chargehands .

21. General conditions regarding leave-No leave can be claimed as of right . The authority empowered to grant leave has the discretion to refuse , postpone , curtail or revoke leave according to the exigencies of service.

( ii) The rate of the secondary increment shall be the rate of the increment last drawn by them and the num- ber of such increments shall not exceed three in any one grade .

CHAPTER IV

TRANSFERS AND TOURS

( ii) An employee may be required to take such Privi- lege Leave as the competent authority may prescribe ; if leave so offered is not availed of by the employee , he shall forfeit it and his leave account shall be debited accordingly .

16. Liability for transfer etc. An employee is liable to be transferred from one post , department or station to another or sent on tours .

(iii) All leave shall be applied for in writing ad- dressed to the competent authority. In case the appli- cation is for Privilege or Study Leave , such application shall be submitted at least 15 days prior to the date of commencement of leave .

16-A. Joining Time ( i ) Subject to the provisions hereinafter contained , an employee on transfer from one station to another shall be normally allowed joining time as follows-

( a) Seven days in the case of a permanent transfer .

(b) Three days in the case of a temporary transfer .

(iv) Sundays or holidays may not be prefixed and/ or suffixed to any type of leave except with the prior permission of the competent authority. When so allow- ed, they shall not be counted as part of the leave .

(v) Sundays or holidays intervening during the period of leave shall count as part of the leave .

(ii ) The joining time admissible as above shall be exclusive of days involved in the journey but inclusive of intervening Sundays and holidays .

(vi ) If leave is refused, postponed, curtailed or re- voked, the reasons therefor shall be recorded in writing and communicated to the employee .

(vii ) All leave to the credit of an employee shall ordinarily lapse on the date of cessation of his service . Provided that :.

( iii) However , in the case of temporary transfers , made with immediate effect, the employee concerned may be required to proceed immediately to the station of posting, in which case he will be allowed to return to his permanent station not earlier than 15 days from the date of arrival at the station of posting and shall thereafter be given ' off' in lieu of the joining time due .

(a) the privilege leave admissible and applied for in writing well ahead of the date of retire- ment and refused in writing by competent authority , may be granted from the date of retirement ; and

( iv) No joining time will normally be admissible to an employee at the end of this temporary transfer . The competent authority may, however, with due regard to the period of temporary transfer , allow joining time not exceeding three days as mentioned under sub - regu- lation ( i ) to enable him to rejoin his permanent station.

(v) During joining time , the employee will not nor- mally be required to attend to official duties , but the competent authority may , in the exigencies of work, recall him to duty, in which case the period of joining time shall be extended correspondingly .

(b) in the case of death of permanent employee or a temporary employee who has completed one year's continuous service , the legal heir / s of the deceased employee , may be paid the leave salary in respect of the privilege leave standing to the credit of the employee on the date of his death subject to a maximum of 90 days . The payment of leave salary is to be made on compassionate grounds and cannot be claimed as of right.

(vi) During joining time , the employee will be entitl- ed to the pay and allowances of the post from which he is transferred.

17. Tours An employee shall be deemed to be on tour if he is required to proceed on duty to a place beyond a radius of 25 miles from his headquarters .

22. Casual Leave ( i ) An employee will be eligible for 10 days' Casual leave with pay in a financial year . A temporary employee with less than a year's service will be granted casual leave on pro rata basis .

( ii) Casual Leave shall not be accumulated nor shall it be combined with any type of paid leave other than leave admissible under Regulations 24, 24-A, 25 and 28 -C.

18. Travelling-( i ) An employee on transfer or on tour and his family where permitted, shall travel by air, sea, rail or road as may be required by competent authority.

( iii ) Ordinarily , not more than 3 days' casual leave will be granted at a time .

(ii) All employees and their families travelling in the Corporation's aircraft under these regulations shall travel in the lowest class , but the General Manager may, by general or special order and on such terms as he may deem appropriate , permit any employee or class of em- ployees and their families to travel in any higher class .

( iii ) The family of an employee permitted to travel by air under this regulation shall be entitled to the same facilities as the employees .

19. Allowances-An employee on transfer or tour, as the case may be, shall be entitled to such travelling and other allowances as the Corporation may lay down from time to time .

23. Privilege Leave-An employee on completion of 12 months continuous service will be eligible for 30 days' Privilege Leave with pay . On completion of the first 12 months ' service , his Privilege Leave account will be credited with 30 days and thereafter at the rate of 2 days per month . In the case of Operating Crew , Privilege Leave accounts will be credited at the end of each financial year with 30 days or proportionate num- ber of days , as the case may be . Privilege Leave can be accumulated up to 90 days , but an accumulation in excess of 90 days may be allowed by the General Manager in special cases .

634

THE GAZETTE OF INDIA, OCTOBER 19 , 1963 /ASVINA 27, 1885

PART FH-SEC . 4]

(b) that he obeys all instructions as to treatment given by the Corporation's Medical Officer .

24. Sick Leave ( i ) An employee other than Flight Crew will be eligible for 10 days' and Flight Crews for 14 days' Sick Leave with pay in a financial year . A temporary employee with less than a year's service will be granted Sick Leave on pro rata basis .

( ii ) Sick Leave may be accumulated up to 45 days with full pay and may be availed of on half pay for double the period , i.e. up to 90 days .

( iii) Where Disability Leave is admissible and the employee complies with the conditions specified in sub- regulation ( ii ) ( b ) , any reasonable expenses incurred by him on the treatment of the injury or occupational disease and on transportation involved in attending hospitals or medical clinics shall be reimbursed to him by the Corporation : Provided that in the case of an employee governed by the Workmen's Compensation Act or the Employees' State Insurance Act, the pay and allowances admissible to him during such leave shall be subject to adjustment in respect of any compensa- tion or other benefits to which he may be eligible under any of the said Acts .

of (iii) Sick leave for a period exceeding 2 days shall be supported by a medical certificate of the Corpora- tion's Medical Officer or of any other registered Medi- cal Practitioner whose certificate is acceptable to the competent authority : Provided that in the case employees governed by the Employces's State Insurance Act, a certificate of the Insurance Medical Practitioner will be required irrespective of the duration of the sick leave.

27. Study Leave Study Leave may be granted by the General Manager in accordance with the procedure prescribed by the Corporation .

(iv) Notwithstanding anything contained in sub- regulation ( i ) , the salary payable to an employee will be subject to adjustment in respect of any cash benefit to which he is eligible under the Employees' State In- surance Scheme.

24-A. Special Sick Leave- ( i ) Subject to the condi- tions hereinafter mentioned, Special Sick Leave will be admissible to employees at the rates and in the circums- tances specified below :-

28.Maternity Leave-Where the local law applicable to a station does not provide for the grant of Maternity Leave to female employees , or where such employees are not covered by any scheme of Social or Health In- surance , permanent female employees may be granted Maternity leave with pay for a period which may ex- tend up to 90 days from the date of its commence- ment or to the end of 6 weeks from the date of con- finement whichever is earlier .

28 -A. Quarantine Leave ( i ) An employee may , on production of a quarantine certificate issued by a Gov- ernment or Municipal Medical authority or the Medical Officer of the Corporation ,be granted quarantine leave with pay for a period not exceeding 30 days .

(a) To Operating Crew, at the rate of 15 days with pay for each completed year of service to be computed from 1st August 1953 , or the date of joining, whichever is later, in cases where the employee: is suffering from any major or prolonged illness or where he has to undergo a surgical operation . or in the event of an accident involving personal injury ;

( ii ) Quarantine leave is to be granted in cases of cholera, small pox , plague , dyphtheria , typhus fever and cerebrospinal menengitis .

(b) To all other categories of employees at the rate of 30 days on half basic pay in respect of each completed year of continuous service . in cases where the employee is suffering from T.B. , leprosy or cancer .

( iii ) Quarantine leave is not admissible in cases in which an employee himself is suffering from an infec- tious disease . In such cases , he will be given the normal casual, sick or privilege leave , as may be due.

(ii) The leave admissible under this Regulation can be accumulated up to a maximum limit of 180 days during the entire period of his service . It can be avail- ed of:

(a) in the case of operating crew only when the normal sick leave , casual leave and privilege

28 -B. Sports Leave-An employee selected to repre- sent the country or the State or the Corporation in any form of competitive sport or called for trails , test or training connected with/ preceding such selection may, atthe discretion of the competent authority, be granted Sports Leave with pay for such periods as may be necessary, but not exceeding 30 days in a financial year .

leave in excess of 45 days are exhausted , and (b) in the case of other employees , after all other types of paid leave are exhausted .

25. Ex gratia Sick Leave The General Manager may , in his discretion , grant or authorise any other officer to grant in deserving cases Ex gratia Sick Leave as follows to permanent employees :-

(1) 30 days leave with half basic pay and half dearness allowance or foreign allowance ay may be admissible, for every two years of completed service subject to a maximum of 60 days during the entire period of the em- ployee's service.

28-C. Special Casual Leave ( i ) The General Mana- ger may, subiect to such conditions as he may pres- cribe, grant or authorise any other officer to grant, spe- cial casual leave with pay to an employee who , being a representative of any association of the employees re- cognised by the Corporation , is required to attend its Annual General or Executive meetings or any inter- national meetings or conferences . The period of such leave on each such occasions shall be in accordance with the terms of the agreements , if any, with the respective associations but shall not, in any case , exceed 10 days at a time . inclusive of journey time. Any leave availed of in excess of this period shall be debitable to the normal casual leave or privilege leave account of the employee .

(i) Ex gratia Sick Leave will commence only after an employee has exhausted all other categories of paid leave .

(iii) Deleted.

(ii ) Any employee intending to undergo Sterilisation Operation (Vasectomy or Salpingectomy) under the Family Planning Scheme will be granted Special Casual Leave with pay not exceeding 6 working days to undergo such operation and for post -operative treatment and/ or rest thereafter .

29. Extraordinary Leave Any leave granted to an employee in excess of leave with pay admissible to him shall be without pay unless the General Manager , on compassionate grounds , permits any part or whole of such leave to be treated as leave with pay debitable to the employee's future leave account.

30. Temporary Employees-Delete .

26. Disability Leave ( i ) An employee who is in- jured in and during the course of his employment, or who contracts any of the occupational diseases enumera- ted in Schedule III of the Workmen's Compensation Act , and is thereby temporarily disabled may , on produc- tion of a medical certificate acceptable to the compe- tent authority , be granted disability leave with pay not exceeding 90 days except in cases of employees who are covered by the Agreements with the appropriate Unions/Associations providing for grant of leave in excess of this limit . Such leave may also be granted in the event of an injury sustained by an employee while actually participating in any sporting event as a representative of the Corporation.

(ii) The grant of this leave is subject to the following conditions , namely :---

(a) that the accident or disease was not due to the employee's own negligence or default, and

30 -A. Emoluments during leave-Except as other- wise expressly provided in any of these Regulations , an employee shall , during the period of his leave with pay, be eligible for drawing such allowances , in addition to his pay and the allowances specified in the Schedule hereto, as the Corporation may prescribe from time to time.

635 THE GAZETTE OF INDIA , OCTOBER 19 , 1963 / ASVINA 27, 1885

PART III-SEC . 4 )

CHAPTER VI

COMPENSATION

( ii) When an employee is appointed or transferred to a post of such nature as to involve him in a breach of sub - regulation ( i ) , he shall forthwith report the circumstances to the competent authority and there- after act in the manner directed by such authority .

39. Vindication of Official Acts Noemployee shall , except with the previous sanction of competent autho- rity, have recourse to any court or to the press for vindication of any official act which has been the sub- ject of adverse criticism or an attack of defamatory character : Provided that nothing in this regulation shall be deemed to preclude an employee from vindicating his private character or any act done by him in his private/ personal capacity .

31. Compensation In the event of death or disable- ment while on duty , by an accident to an employee not governed by the Workmen's Compensation Act or the Employees' State Insurance Act, or in the event of loss or damage to the personal belongings caused while the employee is travelling on duty , the Corporation may pay compensation to him or to his legal representative/ s as the case may be , at such rates and on such condi- tions as it may lay down from time to time , unless such accident, loss or damage is attributable to his own negli- gence, default or breach of instructions .

CHAPTER VII

CONDUCT AND DISCIPLINE

40. Influence No employee shall bring or attempt to bring any outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service in the Corporation .

32. General Conduct Every employee shall at all times maintain absolute integrity and devotion to duty and conduct himself in a manner conducive to the best interests , credit and prestige of the Corporation.

41. Bigamous Murrlages No employee who has a wife living shall contract another marriage without pre- vious sanction of the General Manager, notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicableapplicablerporationto him . Like-shall marry any person who has a wife living without obtain- ing such previous permission . of wise, no female employee

the express 33. Restriction on other employment etc. An em- ployee shall be deemed to be a whole- time servant of the Corporation and shall not, without authority of the General Manager , directly or indirectly engage in any other business , occupation or employ- ment , nor shall be , without such express authority , accept any fee , emoluments , commission , honorarium , gift, gratuity, or reward whatsoever from any other person.

42. Misconduct Any breach of these regulations shall be deemed to constitute a misconduct punishable as provided hereinafter . Without prejudice to the generality of the term 'misconduct' , it shall be deemed to include the following :-

34. Restriction on Publications , etc. No employee shall, except with the previous approval of the General Manager, in his own name or in the name of any other person : ---

( i) Wilful insubordination or disobedience , whe- ther or not in combination with others , of any lawful and reasonable order of his superior, or commission of any act subversive of disci- pline or of good behaviour .

(a) own wholly or in part , or conduct or partici- pate in the editing or managing of any news- paper or other publication, or

(ii) Participation in an illegal strike or abetting . inciting , instigating or acting in furtherance thereof.

other (b) participate in any radio broadcast or contri- bute any article to any newspaper or publication :

(iii ) Wilful slowing down in performance of work , malingering or abetment , or instigation thereof or interference with the work of other em- ployees .

Provided that no such approval shall be required if such broadcast or contribution is of a purely literary, artistic or scientific character or is made in the bona fide discharge of the employee's duties .

( iv) Theft, fraud or dishonesty in connection with the business or property of the Corporation , or of the property entrusted to the Corpoга- tion or of another employee within the pre- mises of the Corporation.

35. Giving of Evidence-( i) Save as provided in sub - regulation ( ii ) , no employee shall , except with the previous approval of the General Manager , give evid- ence in connection with any inquiry conducted by any persons, committees or authority.

(v) Taking or giving bribes or any illegal gratifica- tion.

( ii) Nothing in this regulation shall apply to evidence given:-

(a) in an inquiry before an authority appointed by Government , Parliament , State Legislature; or

(vi) Absence without leave ог over- staying the sanctioned leave without sufficient grounds or proper or satisfactory explanation or absence from the employee's appointed place of work without permission or sufficient cause .

(b) in any judicial inquiry ; or

( c) in any departmental inquiry ordered by com- petent authority .

(vii) Habitual late attendance . (viii) Breach of any law, rules , regulations or orders applicable to the establishment.

(ix) Collection without the permission of compe- tent authority of any money except as sanc- tioned by the law of the land or the rules of the Corporation for the time being in force .

( iii) It shall also be the duty of every employee to give, when so required, all reasonable assistance to the Police , Customs and such other authorities and the Corporation's Security staff in the performance of their duties.

(x) Engaging in any business or trade within the premises of the establishment .

(xi) Drunkenness , riotous , disorderly or indecent behaviour, gambling , extortion or committing nuisance on the premises of the establishment.

35 -A. Political activities , etc. No employee shall take part in, or associate himself with, or subscribe to or in aid of or otherwise assist in any way any political or communal party or organisation or any of its activities . 36. Indebtedness An employee shall avoid habitual indebtedness . He shall be liable to be discharged on being adjudged or declared insolvent .

(xii ) Habitual negligence or neglect of work . (xiii) Wilful damage to work in process or to any property of the Corporation .

(xiv) Interference with any safety devices installed in or about the establishment or any airport oracrodrome .

37. Insolvency-An employee who applies to be, or is adjudged or declared insolvent, shall forthwith re- port the fact in writing to the Head of his Department .

(xv) Holding meetings inside the premises of the establishment without previous permission of competent authority except in accordance with the provisions of any law for the time being in force.

(xvi) Distribution or exhibition of any newspapers , hand bills , pamphlets or posters without the previous sanction of competent authority.

38. Borrowing-( i ) No employee shall , save in the ordinary course of business with a bank or a firm of standing, borrow money from or otherwise place him- self under pecuniary obligation to any person with whom he is likely to have official dealings or permit any such borrowing or pecuniary obligation in his name or for his benefit or for the benefit of any member of his family : Provided that he may accept or permit acceptance of a purely temporary loan of a small amount from a personal friend or relative or operate a credit account with a bona fide tradesman,

(xvii ) Disclosure to any unauthorised person of in- formation relating to the Corporation's busi- ness or to Defenco or Security measures , or [PART III- SEC. 4 636

THE GAZETTE OF INDIA , OCTOBER 19, 1963 / ASVINA 27, 1885

(iii) When an employee who has been placed under suspension under Sub -Regulation ( i ) above is reinstat- ed, the period of suspension will be treated as follows :

communicating directly or indirectly to any outside party any documents or information which has come into his possession , or of which he has secured knowledge in the course of his official duties , unless expressly permitted by the General Manager .

(a) If he is fully exonerated, the period of sus- pension will be treated as duty and he will be paid the pay and allowances to which he would be entitled if he were on duty less the subsist- ence allowance already drawn.

(xviii) Smoking within the premises of the estab- lishment , where smoking is prohibited.

(xix) Failure to inform the Corporation's Medical Officer of any notifiable or contagious disease contracted by the employee or any member of his family.

(xx) Conviction in any court of law for any crimi- nal offence.

(b) In other cases , he will receive such portion of the pay and allowances as the competent authority decides and the period spent on sus- pension shall be treated as on duty only to such extent and for such purposes as the competent authority decides . Provided that if the employee so desires , the competent autho- rity may permit the period of absence from duty being converted into leave due and ad- missible to the employee .

(xxi) Furnishing, at the time of employment , of wrong or incomplete information or suppress- ing any information regarding age , qualifica- tion, previous service or experience , conviction in a court of law , dismissal , removal or com- pulsory retirement by a previous employer.

43-B . Power to award punishment The power to award the punishments enumerated in Regulation 43 shall be exercisable by and to the extent specified in the table below :

(xxii ) Purchasing from or selling to the Corporation properties , machinery , stores , etc. without the express permission of the General Manager.

Authority empowered

Nature of punish meat under Regu- lation 43 . Employees on whom puni- shment can be imposed (xxiii) Unauthorised removal or defacement of notices on the Corporation's notice boards .

(a) to(c)

(i) Regional or Station Head.

To an employee in a salary grade not higher than Grade 12.

Any or all

(ii) Departmental Head

To any employee in a grade not aboveGrade No. 27 .

Do. (iii)

(a) to (e) To any employee in a grade not above Grade No. 33 .

(xxiv) Smuggling, aiding , or being concerned in anyway in smuggling , or carrying goods in the aircraft in circumstances which give rise to a presumption that it is done with the ob- ject of private trading or pecuniary gain carrying currencies and / or instruments of ex- change in contravention of any rules or regu- lations or the Governmental orders . or

Any or all

(iv) General Manager

To any employee other than Head of Department and Secretary .

(xxv) Abetment of or attempt to commit any of the above acts of misconduct .

(v) Do.

(a) to (d) To any Head of Department and Secretary .

Any orall To any employee .

(vi) Chairman

43. Punishments Any one or more of the following punishments may , for good and sufficient reason, be imposed by competent authority on any employee of the Corporation :-

(Note:-Grades referred to in the last column above are as contained in Appendix ' A' to Schedule I ) (a) Censure .

(b) Fine as provided in the Payment of Wages Act wherc applicable .

44. Procedure for awarding punishments-( i ) No punishment under Regulation 43 , except censure , shall be awarded to any employee unless he has been inform- ed in writing of the grounds on which it is proposed to take action and has been afforded an adequate oppor- tunity of defending himself .

(d) Recovery from pay of the whole or part of any loss caused to the Corporation by the employee's negligence , default or any breach of any regulations or orders .

(e) Suspension on loss of pay and allowances .

(f) Reduction to a lower grade of pay or lower stage in the time-scale of pay.

(g) Removal from service .

(h) Dismissal.

(ii ) Notwithstanding anything contained in these Re- gulations , it shall not be incumbent upon the authority competent to impose a punishment to follow the proce- dure hercin prescribed before imposing any of the penal- ties enumerated in Regulation 43 on an employee , when such employee has been convicted by any Court or Tribunal on a criminal charge involving moral turpi- tude or any penal action has been brought against him by the Customs Authorities under the Sea Custom Act or Rules made thereunder or by the appropriate authorities under the Foreign Exchange Regulation Act, 1947 Rules made thereunder for activities amounting to 'misconduct' within the meaning of clause ( xxiv ) of Rule 42 . ог Explanation Termination of service of any employee under Regulation 48 , or an employee appointed under contract in accordance with or on the expiration of the period of such contract , shall not be deemed to be re- moval from service or dismissal within the meaning of this regulation .

43-A. Suspension pending enquiry-( i ) An authority competent to suspend an employee under Regulation 43 -B, may also place him under suspension-

(iii) When increment is withheld under Regulation 43, the order shall indicate the period for which the increment is to be withheld and whether or not it shall have the effect of postponing subsequent increments .

(a) pending enquiry into misconduct alleged against him , or

45. Appeals Subject to the condition that no appeal lies against the order imposing the punishment of 'censure' , an employee who has been awarded a punish- ment shall have the right of appeal as indicated below :-

(b) on his being apprehended or arrested in con- nection with any of the offences contemplated in clauses ( iv) , ( v) , ( xi ) , ( xx) and ( xxiv ) of Regulation 42.

Appeal lies to

When the punishment isawardedby

Suspension pending enquiry shall not be deemed to be a punishment .

Station Head

Regional Head or Departmental Head as the case may be .

RegionalHead

Departmental Head concerned .

Departmental Head

General Manager .. General Manager . Chairman .

Chairman ..

Corporation.

( ii) An employce under suspension under Sub-Regu- lation ( i ) will be entitled to a subsistence allowance at an amount equal to 50 % of his basic pay and dearness / foreign allowance. Provided that the General Manager may, in his discretion , and having regard to any special circumstances , sanction subsistence allowance a rate not exceeding basic pay and dearness/foreign allowance last drawn by him.

PART III-SEC . 4]

637

THE GAZETTE OF INDIA, OCTOBER 19 , 1963/ ASVINA 27, 1885

CHAPTER VIII CESSATION OF SERVICE

46. Retiring Age ( i ) Subject to the provisions of sub - regulation ( ii) hereof, an employee shall retire from the service of the Corporation upon attaining the age of 58 years , except in the following cases when he/ she shall retire earlier :

(a) Any employee , upon becoming medically unfit for carrying out his / her duties ;

(b) A member of the flight crew , upon his licence/ endorsement being cancelled or withdrawn;

( c) An Air Hostess , upon attaining the age of 30 years or on marriage , whichever occurs earlier .

( ii) The General Manager may require an employec to retire after he attains the age of 55 years on giving three months' notice without assigning any reason . An employee may also retire voluntarily after attaining the age of 55 years on giving three months' notice.

47. Extension of Service Notwithstanding anything contained in Regulation 46, the services of any em- ployee, may, at the option of the General Manager but on the employce being found medically fit , be extended by one year at a time beyond the age of retirement for an aggregate period not exceeding two years , except in the case of Air Hostesses where the period will be 5 years.

Note : The amended Rules 46 and 47 , will take effect from the 1st December . 1962. The employces who are on leave preparatory to retirement on the 1st December 1962, will not be entitled to the benefit of the increased age of compulsory retirement unless they are permitted to resume duty after the General Manager is satisfied that they are efficient and physically fit . 'Those em- ployees who have already retired before the 1st December 1962 or who are on refused leave on the 1st December 1962, beyond the date of their compulsory retirement are not entitled to sume duty under the revised Rule 46. How- ever, those who on 1st December 1962 , are on refused leave beyond the date of compul- sory retirement may be re-employed , if fit . Per- sons on extension of service on 1st December 1962 , may be allowed to continue in service up to the age of 58 years . re-

48. Termination-The service of an employee may be terminated without assigning any reason, as under :-

(a) of a permanent employee by giving him 30 days' notice in writing or pay in licu of notice;

(b) of an employee on probation by giving him 7 days' notice in writing or pay in lieu of notice ;

Explanation : For the purposes of this Regulation , the word " pay " shall include all emoluments which would be admissible if he were on privilege leave .

49. Resignation ( i ) No employee shall resign from the service of the Corporation except by giving such notice as he would have received under Regulation 48 if his services were to be terminated , or compensation in lieu of such notice , unless , at the request of the em- ployee, the notice is waived or shorter notice accepted in writing by the competent authority . Such compen- sation shall be equivalent to the amount of the pay as defined in the explanation to Regulation 48 , which the employee would have drawn during the period by which the notice falis short of the prescribed period , and shall be deemed to be a liability owned to the Corporation for the purpose of Regulation 22 (2 ) of the Air India Employees' Provident Fund Regulations , 1954.

(ii) A resignation given under ( i ) above may be ac- cepied with immediate effect or at any time before the expiry of the period of notice, in which case the em- ployee shall be paid his salary in respect of the entire period of notice given by him.

( iii) In case a shorter period of notice is accepted at the request of the employee , he shall be entitled to receive his pay and allowances only for the actual num- ber of days worked . L/G95G1/63

(iv) If an employee leaves the service of the Corpo- ration without giving any notice or by giving inadequate notice , such resignation shall be liable to be construed as a misconduct and may entail any or all of the punish- ments prescribed under Regulation 43 .

CHAPTER IX MISCELLANEOUS

50. Uniforms ( i ) Such categories of employees as may be specified from time to time shall , while on duty, wear uniforms supplied to them .

( ii) Employees who have been supplied with uni- forms under Sub -Regulation ( i ) above shall exercise proper care in preserving them in good condition . Uni- forms will , at all times , remain the property of the Corporation and must be returned in the event of an cmployee ceasing to be in its service .

51. Return of Corporation's Property An employee shall , on ceasing to be in the service of the Corporation , give proper account of all property of the Corporation in his possession , custody or charge . Failure to com- ply with this regulation will result in such amount, as may be decided by the competent authority , being de- ducted from the salary or any other sums of money due to him from the Corporation . The amount so determin- ed is also liable to be treated as a liability owing by him to the Corporation for the purposes of Regulation 22 (2) of the Air-India Employees ' Provident Fund Regula- tions, 1954 .

52. Inventions and Patents-No employee shall , with- out the previous consent in writing of the competent authority apply for a patent or exclusive privilege in respect of any invention under any enactment, if such invention is made by him when in the service of the Corporation and he shall, in the event of a patent or exclusive privilege under any such enactment to make , sell and use such invention , or allow others to do so , being granted to him , to grant to the Corporation the unqualified right to adopt and use the said invention without its being obliged to pay any royalty or other consideration therefor . He shall not assign charge or transfer in any manner whatsoever his original or any extended patent or exclusive privilege in respect of the said invention , without the previous consent in writing of the competent authority and without providing for the unqualified use, free of charge to the Corporation , of the said invention and further he shall , on demand . execute in favour of the Corporation such letter of licence, or other deed or document for the purpose as it may advise Provided always that the competent authority shall, at any time within six months of the re- ceipt of an intimation from the employee that he has acquired such patent or exclusive privilege in India or abroad, have the right to require the employee to trans- fer and assign such patent or exclusive privilege to the Corporation for such consideration as the competent authority shall at its discretion fix and if such right be exercised, the employee shall execute all such deeds of assignment , grants and assurances and do all such acts , deeds and things for vesting in the Corporation and/ or its nominee the ownership of the patent or exclusive privilege and the full benefit thereof as the competent authority shall require.

CHAPTER X SUSPENSION OF WORK

53. Closure ( i) In the event of a fire , catastrophe , breakdown of machinery , stoppage of supply of power or aviation spirit , epidemic , civil commotion or other cause beyond the control of the Corporation , the Gene- ral Manager may, at any time without notice or com- pensation in lieu of notice , stop any machine , or close down any section or department, wholly or or the whole or part of the establishment for such period partially, as may be deemed necessary.

(ii) In the event, however, of the stoppage or can- cellation of air services due to circumstances beyond the control of the Corporation , the General Manager may at any time close down any machine , section or depart- ment affected by such stoppage or cancellation . The fact of such stoppage or closure shall be notified on the Notice Boards.

(iii) In the event of a stoppage under sub -regula- tion ( i ) or ( ii) during working hours , the employees affected shall be notified as soon as practicable , when 638

THE GAZETTE OF INDIA , OCTOBER 19 , 1963/ASVINA 27 , 1885 [ PART III- SEC. 4

JetAllowance

Dearness Allowance

3. Command Pay- Pilots who are Commanders shall be entitled to draw Command Pay at the rate of Rs. 200 per month for so long as they hold such com- mand.

4. Efficiency Bonus ( i ) Subject to the provisions of clause ( ii) of this paragraph , Efficiency Bonus at the rates specified below will be payable to flight crew other than administrative pilots Navigators & Flight Engineers , ChiefFlight Purser and Chief Air Hostess :

Rs. 100/ - per month to Senior Captains & Cap- tains

work will be resumed and whether they are to remain or leave the establishment . The period of detention in the establishment shall not ordinarily exceed one hour after the commencement of the stoppage . If the period of detention does not exceed one hour , employee so detained shall not be paid for such period. If the period of detention in the establishment exceeds one hour, employees so detained shall be entitled to receive wages for the whole of the time during which they are detained in the establishment as a result of the stoppage. Wherever practicable , reasonable notice shall be given of the resumption of normal work and all such em- ployees laid off under this Regulation , who present them- selves for work , when work is resumed , shall be given preference for employment .

and Flight Rs . 75/ - per month to Navigators Engineers

Rs . 50/ - per month to Flight Pursers , Assistant Flight Pursers and Air Hostesses .

(iv) All notices required to be given under this Re- gulation shall be displayed on the notice boards at the time-keeper's office and at the main entrance to the establishment. Where a notice pertains to a particular department or departments only, it shall also be display- ed in the department concerned .

( ii ) Efficiency Bonus may be withheld wholly or in part for any specified period if, in the opinion of the competent authority , the employee has committed any irregularity in or breach of flight procedures or has shown lack of responsibility as a member of flight crew or if his services are found otherwise unsatisfactory or for any act of commission or omission detrimental to discipline or to the interests of the Corporation .

54. Lay-off The General Manager may, due to the curtailment of services or of other work of the establish- ment lay off employees for a period not exceeding six days in the aggregate ( excluding statutory holidays ) in any month provided that seven days' notice is given . An employee laid off under this regulation for more than five days in a month may, on being laid off, leave his employment on intimation of his intention to do so.

5. Overseas Operations Allowance Overseas Opera- tions Allowance will be admissible to the following cate- gories of employees at the rate indicated against each for so long as they are required to carry out flying duties:-

Category :

Ratepermonth

Operations Manager Divisional Operations Manager

Rs. 400/-

FlightSuperintendent Flying Instructor ChiefPilot

Senior Captain Captain

Rs. 275/ - 55. Treatment of Lay -off period-( i ) In cases where employees are laid off under Regulations 53 and 54, they shall be considered as temporarily unemployed and the period of such unemployment shall be treated as leave with pay to the extent such leave is admissible and leave without pay for the balance of the period. When , however, employees have to be laid off for an indefinite period exceeding two months , their services may be terminated after giving them due notice or pay in lieu thereof .

Chief Navigator Chief Flight Despatcher Assistant Chief Navigator Navigators

Rs. 225/- (ii ) The services of employees who have been dis- charged in accordance with the foregoing Sub-Regula- tion ( i ) shall, on their re-employment, be treated, for the purpose of calculating length of service, as continu- ous, provided that they are re-employed within months from the date on which their services terminated . six were

Chief Flight Engineer Chief Technical Instructor Asst. Chief Flight Engineer FlightEngineers Technical Instructor

Rs. 175/ -

Flight Radio Telephony Operator

ChiefFlight Purser

Rs . 125/-

Assistant Chief Flight Purser

Rs . 100/-

FlightPurser ChiefAir Hostess Assistant Chief Air Hostess AirHostess

Assistant Flight Purser

6. Radlo Telephony Allowance-Radio Telephony Allowance at the rate of Rs . 100 per month will be granted to pilots who are in possession of a valid licence and/ or endorsement to operate the Radio Telephony Equipment installed in the Corporation's Aircraft.

56. Strikes In the event of a strike affecting either wholly or partially any section or department of the Corporation, the General Manager may close down, either wholly or partially, such section or department and any other sections or departments affected by such closure and for any period or periods without prior notice . The fact of such closure shall , as soon as prac- ticable, be notified by notices displayed on the notice boards in the departments concerned and at the gate or gates appointed under Regulation 11 , or at or near the main entrance to the establishment and in the Time- keeper's office . The employees shall be notified as to when work will be resumed by notices displayed at the places mentioned above , not later than twenty- four hours before the actual resumption of work .

7. Navigator's Licence Allowance-Navigator's Licence Allowance at the rate of Rs . 100 per month will be granted to pilots who are in possession of a valid Navigator's Licence and/ or endorsement .

57. Lay -off Compensation Claims for lay -off com- pensation or retrenchment benefits under Regulations 53 to 56 above shall be decided in accordance with the provisions of the Industrial Disputes Act where appli- cable.

8. Jet Allowance ( i) Subject to the provisions of Clause ( ii ) , Jet Allowance will be admissible to the following categories of employees at the rate indicated against eah for as long as they are required to operate theCorporation's Jet aircraft: