STAFF BYE – LAWS 1973
1. Classification of employees
13. Reversion other than asa disciplinary measure
15. Termination of service other than by may disciplinary measure
PART - III. REMUNERATION AND PERQUISITES
CHAPTER II –
DEARNESS ALLOWANCE AND DEARNESS PAY
CHAPTER III – HOUSE
RENT ALLOWANCE
CHAPTER IV – MEDICAL EXPENSES REIMBURSEMENT
PART IV - LEAVE
AND JOINING TIME.
PART VI – FOREIGN SERVICE AND DEPUTATION.
These Bye-laws may be called ‘KERALA AGRO MACHINERY
CORPORATION STAFF BYE-LAWS 1973’.
i)
These
Bye-laws shall apply to all the whole time employees of the Corporation other
than those covered by the Standing Orders.
These bye-laws shall not apply to an employee appointed under a contract of service, unless the contract
specifically provides for the applicability of the whole or any part of these
Bye-laws.
ii)
These
Bye-laws shall also not apply to casual employees, trainees, apprentices,
advisers, consultants, persons engaged for part time work etc.
iii)
In
the case of employees who are deputed to the Corporation by the Government or
other Bodies only parts V and VII shall apply; provided that the Bye-laws in
these parts shall be applied only subject to the relevant rules governing them
in their parent organisations. In other respects they will be governed by the
terms of deputation fixed by the parent organisation.
In these Bye-laws unless there is anything repugnant in
the subject or context:
a)
The
‘Corporation’ means ‘KERALA AGRO MACHINERY CORPORATION LIMITED’.
b)
The
‘Board’ means the Board of Direct6ors of the Corporation and in relation to any
powers exercisable by it includes a committee appointed by the Board.
c)
The
‘Managing Director’ in relation to any powers exercisable by him includes any
Director or Officer, who is authorised to exercise the powers and functions of
the Managing Director during the absence of the Managing Director.
d)
‘Officer’
of the Corporation in relation to any powers exercisable by him includes an
Officer authorised by the Managing Director to exercise the powers of the
Officer during his absence.
e)
‘Government’
or ‘State Government’ means the Government of Kerala.
f)
‘Employee’
means any person engaged for remuneration by the Corporation and shall include an Officer of Government
or other body on deputation to the Corporation.
g)
‘Casual
employee’ means a person who has not
been appointed against any sanctioned post but who has been engaged for short
assignments.
h)
‘Provisional
employee’ means an employee appointed for a definite period (not being
appointed under a contract or on deputation)
or on condition that he would have to vacate the post on the happening of a
specified event like the appointment of a regular employee selected through
Public Service Commission or other agencies or by the Corporation etc.
i)
‘Temporary
employee’ means an employee who has been confirmed in any post under the
Corporation.
j)
‘Permanent
employee’ means an employee who has been confirmed in any
post under the Corporation.
k)
‘Competent
authority’ in relation to any function means the Officer who is versed with the
power to discharge the function as per the delegation of powers in force at
that time.
l)
‘Basic
pay’ means the minimum of the scale plus the amount of the increments in that
scale granted to him at the time of his appointment or subsequently from time
to time.
m)
‘Leave
salary’ means the amount paid to an employee on leave.
n)
‘Promotion’
means the transferring of an employee from one post in a scale of pay to
another post in a higher scale of pay, but shall not include simple revision of
the scale of pay of a post held by an
incumbent.
o)
‘Service’
includes the period during which an employee is on duty as well as on leave
duly authorised but does not include any period during which an employee is
absent from duty without permission or overstays his leave or joining time,
unless specially permitted by the
competent authority.
p)
‘Provisional
service’ is a service of a provisional employee.
q)
‘Temporary
service’ is service, other than
provisional service, in a temporary post of an employee who has not been
confirmed in any post under the Corporation.
r)
‘Probationary
Service’ means service, other than provisional service, in a permanent post, of
an employee, who has not been confirmed in any post under the Corporation.
s)
‘Officiating
service’ means service in a senior post to which an employee who
has been confirmed in a lower post, is promoted to officiate.
t)
‘Family’
means and includes persons mentioned below who are wholly dependent on the
employee
i)
Wife/Husband
ii)
Son
(including Stepson) and unmarried and/or widowed daughters (including step
daughters)
iii)
Brothers
(including step brothers) below 18 years of age and unmarried and/or widowed
sisters (including step sisters).
iv)
Father
and Mother
u)
‘Day’
means calendar day, beginning and ending at midnight, but an absence from
headquarters which does not exceed 24 hours shall be reckoned for all purposes
as one day, at whatever time the absence begins or ends.
All expressions in the male gender in these Bye-laws shall
also include its female derivation.
Other expressions occurring in these bye-laws, but not
defined herein, shall have the ordinary meanings assignable to them in the
respective contexts.
The Board may delete, add to or amend any of these
Bye-laws from time to time; provided that no new Bye-law or deletion or
amendment of an existing Bye-laws shall operate or reduce the scale of pay of an employee in which he
has been confirmed on the day the new Bye-laws, deletion or amendment comes
into force.
The power to interpret the Bye-laws vests in the Managing
Director who is also hereby empowered to issue such administrative instructions
or orders as may be necessary to give
effect to and supplement these Bye-laws.
Grade
I Posts in the scales of pay of
Rs.800-1350 and above.
Grade
II Posts in the scale of pay of Rs.675-1315
Grade
III All other employees other than
those covered by the Standing
Orders.
i)
All
appointments to posts in Grade I & II shall be made by the Managing Director
on the basis of the selection made by the Board.
ii)
Appointment
to posts in Grade III shall be made by the Managing Director on the basis
of the selection made by himself or by
officers nominated by him.
i)
No
person who has been dismissed or discharged from the service of the
Corporation due to misconduct,
inefficiency or in-subordination may be re-employed without the specific
approval of the Board.
ii)
Except
as otherwise provided by the Board at the time of his re-employment, these
Bye-laws shall apply to a person who is re-employed in the Corporation’s
service as if he had entered the service for the first time on the date of his
re-employment.
The kinds of service may be:
(a)
Provisional (b) Temporary (c) Probationary (d)
Officiating and
(e) Permanent
i)
Provisional
service shall expire on the date mentioned in the appointment order or on the
happening of the event, which is mentioned in the appointment order as the
occasion for the termination of service, such as the P.S.C. recruit reporting
for duty etc. Provisional service may
also be terminated by the Managing Director before the expiry of the above
period at any time without notice and without giving any reason, whether or not
such a clause is incorporated in the appointment order.
ii)
Provisional
appointment will not be on probation.
No employee can be confirmed while on provisional service. The provisional employee cannot also be
permitted to officiate in any other post; but if such an event is desired, the
provisional appointment in the earlier post should be terminated and fresh
provisional appointment made in the higher post.
iii)
Provisional
service in any post will not confer on the employee any claim for future
appointment either of a provisional character or otherwise nor will this
service be counted in the total service of the employee, in case the employee
happens to be subsequently appointed in a temporary or permanent post.
i)
Temporary
service shall expire on the post ceasing to exist.
ii)
Appointment
to a temporary post will not be on probation.
No employee can be confirmed in a temporary post. An employee who is confirmed in one grade
may be promoted to officiate in a temporary post, in which case, he shall
revert to his confirmed grade on the post ceasing to exist unless he is
reverted earlier as per Bye-laws 13 in this part.
iii)
Temporary
service will not confer on the employee any right for continued service or for
appointment in the same or any other post under the Corporation.
An employee recruited to the
Corporation’s service on a permanent basis shall, unless specifically
authorised by the Board, be on probation for a period, which shall not be less
than one year initially, subject to extension for such further periods as may
be found necessary; provided that, in the case of persons who serve the
Corporation on deputation initially are later on opt for and get absorbed in
the regular service of the Corporation without a break of service, the period
spent on deputation may be treated as period
of probation. Provided
further that in the case of
employees of the Corporation selected
by direct recruitment to higher post, such employees may be allowed the
benefits of casual leave, earned leave and sick leave earned during their past
service as per these bye-laws during their service to the higher post.
The seniority of any employee in a
grade shall be reckoned in the following manner:
a)
Subject
to clause (b) below in accordance with the date of commencement of his service
in the grade i.e. one who commences his service earlier will have seniority
over another who commences service later.
b)
If more than one employee are appointed through
recruitment or by promotion according to the ranking given to them at the selection
or promotion.
i)
No
employee has any right for promotion to any post solely on the ground of his
seniority in service or in any grade or on the ground of his having held
additional charge of that post or having acted in that post or on any other
ground. Promotions will be governed by
special rules issued by the Board.
ii)
An
employee who is promoted shall be holding the post to which he is promoted in
an officiating capacity for a period, which shall not be less than six months,
subject to extension from time to time;
provided that, in the case of a person who serves the Corporation on
deputation, on getting promoted to a higher post during the period of
deputation, whether on not he is allowed the benefit of the scale of pay of the
higher post, and who, later opts for and gets absorbed in the regular service
of the Corporation, without a break of
service, the period spent on deputation in the higher post may be treated as
officiating service in the higher post.
At the end of the probationary
period or the period of officiating in a permanent post (which shall be counted
after deleting periods spent on leave) an employee shall be confirmed if his
performance was satisfactory.
Otherwise, he shall be discharged if the service was probationary or
reverted to the lower confirmed post if the service was officiating. The Managing Director, or any Officer to
whom this power has been delegated by him may order confirmation of an
employee. However, no employee who has
been promoted during probation shall be
confirmed in a higher post before confirmation is due as per these Bye-laws in
the lower pot and is given.
An employee of the Corporation
directly recruited to a higher post and
appointed on probation to such post may be discharged if his performance was
not satisfactory and he may be allowed to be reverted to the lower confirmed
post, if any, he had prior to his direct recruitment to such higher post.
The Managing Director, or any
Officer to whom this power has been delegated
by him, may order an employee to hold additional charge of any other
post, and on such an order he shall attend to the duties of that post in
addition to the duties of his own post and shall also be responsible for the due discharge of those duties.
The Managing Director may order an
employee in a post in a lower scale of pay to act in a post with a higher scale
of pay and, if he does so, the employee shall continue to be in the lower scale
of pay, not withstanding that he attends to the duties of the higher post. This arrangement may be terminated at any
time by the Managing Director. An
employee will not be entitled to any right for promotion to a post by reason of
his having acted in that post previously.
An employee, who has been posted
to officiate in a higher post, shall be liable to be reverted at any time
without notice and , on such reversion, he has no right of whatever nature on
any future occasion on the ground of his having officiated in the higher post.
i) An employee shall not leave or discontinue his service in the
Corporation without giving prior notice in writing to the Managing Director of
his intention to leave or discontinue his service, provided that the Managing
Director, or any officer to whom this power
has been delegated by him, may waive such notice. The period of such notice, shall not be less
than
a) Provisional and temporary Service - 24 hours
b) During Probationary period - 15 days
c) After confirmation in any post -
3 months in the case of Officers in
Grade I and one month in the case of
the other employees
ii) The Managing Director, or any Officer to whom this power has
been delegated by him, may
permit an employee to leave or discontinue
his service by paying a sum equal to his pay for the period of notice required
of him in lieu of notice.
i)
The
Managing Director, or any officer to whom this power has been delegated by him,
may terminate the service of an employee in provisional or temporary service by
giving 24 hours notice or one day pay in lieu of notice.
ii)
An
employee, who is on probation, may be discharged from the Corporation’s service
by the Managing Director, or any officer to whom this power has been delegated
by him, at any time during the period of probation or on the completion of the
period of probation by giving him 15 days notice or paying him 15 days pay in
lieu of notice; provided that in the case of officers in Grade I no such notice
of discharge shall be issued without the prior approval of the Board.
iii)
An
employee who has been confirmed in a permanent post may be discharged from the
Corporation’s service on abolition of the post: provided that any discharge
order under this clause shall be issued
only in accordance with the principles of seniority.
i)
Every
employee shall retire at 60 years of age on the last day of the month in which
the employee completes his/her retirement age provided that the Board may, at
its discretion, sanction from time to time extension of his employment. An employee may at his discretion retire
from service at any time after 15 years of service with the consent of the
Managing Director in the case of Officers belonging to Grade III and the Board
in the case of Officers of higher grades.
ii)
Not
withstanding anything contained in bye-law 16(I) or any other provisions of
these bye-laws or any other law, or order or in any contract, agreement or
other document the Board of Directors of the Corporation may, in the interest of the Corporation, order
that an employee may be compulsorily retired at any time after he has attained
the age of 48 years. In calculating
gratuity or other retirement benefit
sanctioned by the Board, all employees so retired compulsorily, the
qualifying service shall be reckoned, if he/she had retired at the normal age
of super annuation specified in bye-law 16(I) or in any other contract,
agreement or documents, as the case may be.
i)
A
record of service in such form as may be prescribed by the Managing Director
from time to time shall be maintained in respect of each employee of the
Corporation.
ii)
Separate
files may be maintained in respect of each employee, in which all important
papers pertaining to his service shall be filed, and this file shall be
retained till three years after the termination of srvice of the employee.
1.
Basic Pay
i)
An
employee holding any post under the Corporation shall draw as basic pay fixed
for the post and, if there is a time scale, the stage in the time scale at which he is placed from time to time.
ii)
Subject
the sub-clause (iii) and (iv) below, an employee recruited or promoted to a
post carrying a time scale of whose scale of apy has been raised shall be
placed as on the date of such event only at the minimum of the new scale,
except where the authority ordering the appointment, promotion or revision of
pay as the case may be specifically places him at a higher stage.
iii)
If
an employee appointed to officiate in a post on a higher time scale of pay was
already drawing in the lower scale of pay a basic pay that is equal to or
higher than the minimum of the higher scale, unless the appointing authority
places him at a higher stage, he will draw as initial basic pay in the higher
scale the stage next above his basic pay in the lower scale, irrespective of
whether the basic pay in the lower time scale is a stage in the higher time
scale or not and the date of the first increment in the new scale shall be
reckoned in such cases from the date of last increment in the previous
scale. As long as he is officiating in the higher post a re-fixation
will be allowed whenever his basic pay in the lower scale becomes equal to or
greater than the basic pay which he draws in the higher time scale. If he is confirmed in the higher scale he
will continue to draw as basic pay what he was drawing immediately before such
confirmation and the date of the next increment shall be reckoned from the date
when he commenced drawing this amount as basic pay.
iv)
If the
scale of pay of a post is revised and the incumbent holding that post was
already drawing as basic pay an amount equal to or higher than the minimum of
the new scale unless the authority ordering the revision places him at a still
higher stage, he will draw as initial basic pay in the new scale the stage next
above his basic pay on the date of revision, irrespective of whether the
previous basic pay was a stage in the new scale or not. A re-fixation on these lines will be allowed
to an employee whose scale of pay has been revised, after the date of revision
but before completing the period fixed in the new scale for one increment; if
during that period he would have been eligible for an increment in the previous
scale, on the basis of such notional increment in the previous scale on that
day.
v)
An
employee who holds an acting appointment may, in the discretion of the Managing
Director be given one fifth of the minimum basic pay of such post in which he is acting over and above his basic
pay in the post which he was holding previously.
vi)
An
employee who holds additional charge of any post, may be paid as charge
allowance in addition to his basic pay, a sum not exceeding one fifth of the
minimum basic pay of the post which he holds additionally.
vii)
Where
an employee, is transferred from one post to another, he shall during the
interval of duty, between the date of his handing over charge of the old post
and the date of his taking over charge of the new post, draw the basic pay of
the old or the new post whichever is less.
2.
Increment
i)
In
an incremental stage, the increment in basic pay shall accrue on the completion
of each specified period of service on
each stage of that scale, whether such service is provisional, temporary,
probationary, officiating or confirmed.
ii)
Officiating
service in a higher scale, will count for increment in the employee’s confirmed
scale as well as in the higher grade in which he is officiating.
iii)
The
period of service of an employee spent on extra-ordinary leave, except the
period sanctioned on medical grounds, will not count for increments.
iv)
Increment
shall be sanctioned by the Managing Director or any officer to whom this power
has been delegated by him. Increments
shall ordinarily be sanctioned as a matter of course, unless the employee is informed
prior to the date on which it falls due that it will not be sanctioned.
v)
The
Managing Director or any officer to whom this power has been delegated by him
may sanction to an employee, holding a post in a time scale, premature
increments within the scale as a
recognition of outstanding ability at
any time, and, when such a premature increment is given, the next increment
would fall due only on the expiry of the prescribed period from the date on
which the premature increment was
granted; provided that such increment shall not affect the seniority of
any other employee of the Corporation.
3.
When accrues and when payable
Subject to the provisions of these Bye-laws, the
pay of an employee shall accrue from the date of commencement of his service
and shall become payable on the last working day of each month in respect of
services performed during the said month.
The pay of the employee, who proceeds on Earned Leave, Sick Leave, or
maternity leave, or whose service under the corporation ceases, during the
course of a month may however be disbursed on the day on which he proceeds on
leave or relinquishes charge of his post or on any other day thereafter.
1.
Scale
Dearness Allowance shall be paid
to all the employees of the Corporation who are placed on time scales of pay in
the same scale as is applicable to the employees of the State Government. If any portion of the Dearness Allowance is
mentioned in the State Government rules to be treated as Dearness pay, the same
portion will be treated in these Bye-laws also as Dearness pay. If at any time, due to pay revision or
otherwise, the scales of dearness allowance undergone any change in the State
Government, the revised scales of Dearness Allowance shall apply to the
employees of the Corporation service also within effect from the date on which
the change has been made in the State Government; provided that if at the time
of making such a change any portion of the
Dearness Allowance previously being drawn by the employees of the State
Government is allowed to be merged with
pay, the same portion of the Dearness
Allowance of the Corporation employees will also be allowed to be merged with
their pay and the scale of pay shall automatically stand revised to that
extent.
2.
When payable
Dearness Allowance shall be drawn
in the same bill and disbursed at the same time as the basic pay.
3.
Non-eligibility to posts carrying
consolidated pay
No Dearness Allowance shall be paid to an employee
of the corporation, who is appointed against a post carrying a consolidated
pay, unless the Board specifies a rate of Dearness Allowance for such post.
1.
Scale
House Rent Allowance will be paid
to the employees of the Corporation in the same scale and under the same
conditions as is applicable to the employees of the State Government. Any revision in this that may be made by the
State Government would automatically be applied to the employees of the
Corporation.
2.
When Payable
House Rent Allowance shall be
drawn in the same bill and disbursed at the same time as the basic pay.
3.
Non-eligibility to posts carrying
consolidated pay
No House Rent Allowance shall be paid to an
employee of the Corporation, who is
appointed against a post carrying a consolidated pay, unless the Board specifies a rate of House Rent Allowance for
such post.
1.
Scope
The Managing Director, or any
officer to who, this power is delegated by the Managing Director may pass bills
of the following nature produced by the employees, connected with medical
consultation, attention or treatment for him and or any member of his family
viz:
a)
Bills
for consultation/Medical attendance
from an authorised Medical
Practitioner.
b)
Bills
for Medicines etc. supplied by or certified as bought under his prescription by
an authorised Medical Practitioner
c)
Bills
from approved Medical Institutions.
2.
Passing Bill
The authority empowered to pass
those bills shall exercise proper care to see that this privilege is not
misused and shall refund all claims in which the bonafides are not established
too his satisfaction. He may also refer
any claim to any authority for the purpose of convincing himself about its
bonafides.
3.
Limits
Medical expenses shall not be
reimbursed to an employee in excess of Rs.500/- in each financial year, unless
there are extenuating circumstances and the claim is specially authorised by
the Managing Director; provided that, in the case of employees in provisional
service, the reimbursement of medical expenses shall be further subjected to a
limit of Rs.62.50 in each quarter, the unutilised portion of the limit in each
quarter being allowed to be carried
over and added to the limit for the next quarter in the same financial year.
4.
Power to frame rules
The Managing Director is
authorised to frame rules further limiting or regulating the reimbursement of
medical expenses.
5.
Power to make alternate
arrangements
The Managing Director may enter into arrangement
with medical institutions, hospitals etc. for the medical attendance/treatment
of employees of this Corporation and pay to such institutions/hospitals
direct4. It will be optional for the
employees to make use of such arrangements, but those who opt to come with in
such arrangements, will not be entitled to claim reimbursement other than those
covered by such arrangements, except when specifically authorised by the
Managing Director in exceptional circumstances. Such arrangements shall, however, provide for the reimbursement
of the cost of medicines certified by such institutions and of the expenses
(including travelling) for taking specialised treatment not provided by such
institution, but on the recommendation if such institutions, The limits specified in clause 3 above will
not apply to cases covered by such arrangements.
1.
Kinds of leave
Subject to the provisions of these
Bye-laws, the following kinds of leave may be granted to an employee:
a) Casual leave b)
Special Leave c) Earned Leave
d) Sick Leave e) Maternity Leave & f) Extra-ordinary leave
2.
Prior sanction necessary
Except in the case of leave on
medical grounds, an employee shall not avail himself of leave of any nature or
absent himself from duty without prior sanction. If any employee absents himself on medical grounds, the
sanctioning authority may refuse to sanction the leave unless a certificate
from an authorised medical practitioner
is produced showing a reasonable justification for the absence on
medical grounds.
3.
Granting leave and Recalling from
leave
The Managing Director, or any
officer to whom this power has been delegated by him, may grant leave to an
employee and may also cancel it subsequently before the employee has proceeded
on leave. An employee, who has
already proceeded on leave may be recalled by the authority competent to
sanction the leave.
4.
Leave Address
An employee shall, before
proceeding on leave, intimate to the authority granting the leave his address
while on leave and shall keep the said authority informed of any change in the
address previously furnished.
5.
When to apply
i)
Applications
for Earned leave, Maternity leave and Extra ordinary leave shall be submitted
at-least 15 days before the date from which leave is required (in the case of
Maternity leave, the probable date by which leave might be required), provided
that the sanctioning authority may sanction
the leave not withstanding the application being submitted late.
ii)
Applications
which do not satisfy the requirement of clause (I) of this Bye-law may be
refused without reason being given.
6.
Commencement and termination of
leave
i)
The
first day of an employee’s leave is the working day on which he makes over charge if he does so in the F.N., and,
if he makes over charge in the AN, the succeeding working day:
ii)
The
last day of an employee’s leave is the working day on which he returns to duty
if he does so in the A.N., and, if he returns to duty in the F.N., the
proceeding, working day.
iii)
A
substitute appointed in a leave vacancy shall be considered to be on duty in
that post during the period of leave as defined in clause (i) and (ii) of
this Bye-law.
7.
Earlier return from leave
Unless he is permitted to do so by
the authority competent to grant his leave, an employee on leave other than
casual leave shall not return to duty before the expiry of the period of leave
granted to him.
8.
Station of return from leave
An employee on leave shall, unless
instructed to the contrary, return for duty to the place at which he was last
stationed.
9.
Certificate of illness
The officer who sanctioned the
leave may require an employee who has availed himself of leave for reason of
health, to produce a medical certificate of illness before he resumes duty even
if such leave was not actually granted on a medical certificate.
10.
No leave during suspension
Leave may not be granted to an employee under
suspension or against whom proceedings are pending under Part VII of these
Bye-laws.
11.
When payable
The leave salary due to an employee for the period
of Earned leave, Sick leave or Maternity leave properly sanctioned to him may
be disbursed on the day on which he proceeds on leave or on any subsequent day.
12.
Casual leave
i)
Casual
leave may be granted to an employee upto a maximum of 12 days in each calendar
year and may be combined with Sundays and other authorised holidays provided
that the resulting period of absence from duty does not exceed 5 days, except
with the prior concurrence of the authority competent to sanction his leave,
employees in provisional service and temporary employees during their 1st
year of service shall avail of casual leave only after it is earned at the rate
of one day for each completed month of service, a month being reckoned from the
date of joining service of the corresponding date in the subsequent calendar
month. Casual leave cannot be carried
over from one calendar year to the next.
ii)
In
computing casual leave, intervening Sundays and holidays shall not be reckoned
as days of casual leave subject to the provisions of clause (i) of this
bye-law.
iii)
Casual
leave will be treated as duty and an employee may draw pay and allowances
during days spent on casual leave in the same manner as duty.
13.
Special leave
i)
Special
leave not counting against any other leave may be granted to an employee by the
Managing Director under the following circumstances:
a)
When
the absence from duty is necessitated by orders not to attend office on account
of the presence of infectious disease in the house of the employee.
b)
When
the absence from duty is necessitated by reason of an employee who is a member
of the NCC, Auxiliary Force, Home Guard, Lok Sahayak Sena or other Civil
Defence Organisation or any other official organisation of a similar nature,
having to attended an Annual Camp or be on training.
c)
When
the absence is necessitated by reasons of the employee having to participate,
in a representative capacity, in sporting events, tournaments, and matches held
either in India or abroad or to participate in the Republic Day Parade in New
Delhi or similar events.
d)
When
the employee is bitten by a rabit animal and has tobe absent from duty for
undergoing antirabic treatment.
e)
When
the employee is summoned to serve a jury or assessor or to give evidence before
a Court as a witness in a Civil or Criminal case, in which his private interests are not at issue or when he is
required to attend the meeting of a University or to undertake any other work
connected with a University and
f)
When
there are other exceptional circumstances which necessitate the grant of special leave
ii)
Special
leave is treated as duty and an employee on special leave may draw pay and
allowances as on duty.
14. Earned Leave
i)
Earned
leave shall accrue at the rate of one day for every 11 days of service spent on
duty or on casual leave or on special leave.
Earned leave shall cease to accrue when the leave in credit aggregates
to 90 days.
ii)
An
employee on Earned leave is entitled to leave salary equal to the basic pay,
deputation allowance, special pay, charge/acting allowance, adhoc increase
in pay, dearness allowance and
house rent allowance (but not including overtime, batta etc.) of the post which he holds on the day before the day on
which the leave commences.
iii)
An
employee will be allowed to surrender earned leave to his credit in excess of
30 days and he will be paid cash emoluments for the leave so surrendered equal
the leave salary admissible to him for the period; provided that the leave so
surrendered shall not be less than 15 days at one time.
iv)
An
employee leaving the service of the Corporation otherwise than as a
disciplinary measure will be entitled to draw an amount equivalent to leave
salary for the period of earned leave
at his credit.
15. Sick leave
i)
During
the full period of his service, a permanent employee may be granted sick leave on a medical certificate for a
period calculated at the rate of twenty days for each completed year of
service. Non-permanent employees are
not entitled to any sick leave.
ii)
An
employee on a sick leave is entitled to leave salary equal to half of the basic
pay, deputation allowance, special pay, charge acting allowance, adhoc increase in pay, dearness allowance and house rent allowance (but not including
overtime, batta etc.) of the post held
by him on the day before the day on which the leave commences; provided
that where an employee
has served the Corporation for at-least a period of
five years, he may if he so requests, be permitted to avail himself of sick
leave at full pay for a period not
exceeding half of the number of days of sick leave already earned by him, such
leave being entered as twice the period
of leave taken in his sick leave account.
16.
Maternity Leave
i)
Maternity
leave may be granted to a married female employee of the Corporation, not being
one in provisional service, for a maximum period of 90 days at one time. Such leave maybe availed of for a period
extending to 90 days from the date on which the leave commences or to the end
of 60 days from the date of confinement which ever is earlier.
ii)
An
employee on maternity leave shall draw leave salary equal t othe basic pay,
deputation allowance, special pay, charge/acting allowance, adhoc increase in
pay, dearness allowance and house rent allowance (but not including over time
batta etc.) of the post which she holds on the day before the day on which the
leave commences.
iii)
A
woman employee may be granted leave of any other kind admissible to her in
combination with or in continuation of maternity leave, if the request for it
is supported by a certificate from an authorised medical practitioner to the
effect that such continued absence from duty is necessary.
iv)
A
woman employee shall not be entitled to maternity leave under the Bye-law if
she has three or more living children.
17.
Extra ordinary leave
i)
Extra
ordinary leave may be granted to an employee when no other kind of leave is admissible to him.
ii)
An employee
may be granted extra-ordinary leave in combination with or in continuation of
leave of any other kind admissible to him.
iii)
No
pay and allowances are admissible during the period of extra-ordinary leave.
18.
Joining time
The Managing Director, or any officer to whom this
power has been delegated by him may while ordering the transfer of an employee,
which would necessitate a change or residence or a long journey, sanction such
number of days as he considers reasonable as the joining time. The employee need
join the new post only after the lapse of such number of days after being
relieved from his earlier post.
19.
Overstayal of leave and joining time
Over stayal of leave and joining
time, unless subsequently regularised by a sanction of the authority competent
to sanction his leave or joining time, as the case may be, is a breach of
discipline for which he is liable to action under part VII of these Bye-laws.
1.
General
i)
Travelling
allowance is an allowance granted to an employee to cover the expenses incurred
by him in performing journeys in the interests of the Corporation. T.A. is not intended to be a source of
profit and an employee is expected to travel by the class of accommodation for
which T.A. is admissible to him.
ii)
An
employee, who has been promoted with retrospective effect or whose scale of pay
has been raised with retrospective effect, shall not be entitled to any extra
T.A. in respect of journeys already performed by him before the date of the
order sanctioning such promotion or revision.
iii)
An
employee on transit from one post to another, ranks in the grade to which the
lower of the two posts would entitle him.
iv)
An
employee may be paid travelling allowance on the basis of a journey in a higher
class than the one to which he is entitled under these bye-laws if he is
authorised to do so by the Managing Director
in the interests of the Corporation.
The Managing Director may also sanction to any employee travelling
allowance, including daily allowance for halts or incidentals, at the scale
higher than what is admissible as per these Bye-laws, if he considers it
necessary to do so in the interests of the Corporation.
v)
T.A.
is admissible for journey by the shortest route, that is to say, the route by which an employee can reach his
destination in the shortest possible time by the mode of conveyance entitled to
and used; provided, however, that the Managing Director may authorise any
employee to travel and draw T.A. by a longer route. If, however an employee travels by a route which is not the
shortest but is cheaper than the shortest, his travelling expenses shall be
calculated on the route actually used.
vi)
If
the terms of appointment or the normal
duties of a post involves travel and/or half within certain areas, unless the
Board by specific resolution authorises the payment of TA for such travels and/or halt also, no TA
is payable for such travel/or halts if an employee, subject to this limitation,
has to perform a travel, which is outside such normal duties or the usual area,
he is entitled to T.A. for such travel and halt at the rate specified in these
rules:
vii)
An employee holding the charge of a higher
post or acting in a higher post shall be entitled to travelling allowance as
per these bye-laws applicable to the higher post.
2.
Kinds of T.A.
The following are the different
kinds of T.A. admissible to the employees of the Corporation:
(a)
Permanent T.A.
(b)
Mileage
Allowance
(c)
Daily
allowance or actual expenses
3.
Permanent T.A.
i) A permanent monthly travelling allowance may be granted by the Board to an
employee whose duties require him to
travel frequently. Such an allowance is
granted in lieu of all other forms of travelling allowance for journeys within the
employee’s sphere of duty. The drawal
of this allowance will be governed by the resolution of the Board fixing the
rate of P.T.A. and the terms and
conditions for its drawal. No employee
can draw the full rate of the allowance
unless he travels on the minimum number of days performed. If the minimum
number of day’s travel is not performed, reduction has to be made in the same
proportion that the actual number of
days of travel bears to the minimum.
ii) P.T.A. may not be drawn during
leave. When an employee enjoying P.T.A.
is required to hold additional charge
of another post, which also carries
P.T.A., the Managing Director may sanction an additional P.T.A. not
exceeding 50% of the P.T.A. of the post
so held additionally.
iii)
An
employee drawing a PTA is not entitled
to the other forms of T.A. contemplated in these rules for journeys performed by him, which comes
under the category of journeys covered
by the P.T.A. If he performs a journey,
which is not covered by the PTA, he may draw the other forms of T.A. to which he is entitled under these bye-laws
of that journey.
4.
Mileage Allowance – Railway
An employee travelling on duty shall be reimbursed his
travelling expenses on the basis of a single fare of the class of accommodation
admissible and an extra amount to cover incidental expenses on the following
scales:
|
Class of employee |
Class of accommodation
admissible |
Extra fare for incidental
expenses |
|
Grade I Grade II & III |
Highest class of accom- modation available in the train First Class |
35 Paise for every 10 Kilometers
or part thereof, subject to a minimum of
½ DA 25 Paise for every 10 Kilometers
or part thereof, subject to a minimum
of ½ DA |
5.
Mileage Allowance – Road
i)
Employees
other than those of Grade I are not except with the prior permission of the
Managing Director entitled to engage hired cars or use their own cars for
journeys on special duty. If n employee
in Grade other than Grade I performs a journey by his own car or a specially
hired car without the permission of the Managing Director, he shall limit his
T.A. claims to the mileage admissible to him for journey using public
conveyance.
ii)
The
mileage allowance for journey by Road shall be as follows for journey exceeding
10 Kilometers.
|
Grade of employee |
Rate for using own car or
specially hired car |
Rate for using own scooter or
Motor cycle |
Rate for using public conveyance
which plies regularly for conveyance
of passengers |
|
Grade I Grade II & III |
50 paise/Km. 40 Paise/Km. |
25 Paise/Km. 20 Paise/Km. |
13 Paise/Km. 13 Paise/ Km. |
iii)
For short-trips of less than 10 kilometers, bus
fare may be reimbursed to the employees if no conveyance was provided by the
Corporation.
iv)
An
employee, who travels in a conveyance supplied by the Corporation will not be
entitled to any mileage allowance, but he may, if the duration fo such journey
exceeds 3 hours but does not exceed 6 hours, draw for incidental expenses an amount equal to half his DA and, if
exceeds 6 hours, draw for incidental expenses an amount equal to one DA,
provided that, if there is halt also for that day, the total of incidental
expenses and Daily allowance for halt shall be limited to one and half DA for
the day.
6.
Mileage Allowance – Air
i)
Employees
of the Corporation, other than those of Grade I, shall not be entitled to travel by plane and claim
T.A. accordingly unless they are specially authorised by the Managing Director to do so in the interest of the
Corporation.
ii)
An
employee authorised to travel by Air is entitled to travelling allowance qual
to one standard Air fare plus an allowance for incidental expenses at one fifth
of the standard air fare subject to the a maximum of Rs.50/- for each single
journey, each single journey being defined as the portion of the journey, which
is not interrupted by a halt exceeding two hours.
iii)
If
available, return tickets at reduced rates should always be purchased when an
employee expects to perform the return journey by air within the period during
which a return ticket is available. The
incidental expenses would be the same as what it would be if only single
journey tickets were taken to and fro.
iv)
An
employee authorised to travel by air will be entitled to coverage by air risk
insurance upto Rupees one lakh for each journey, the charges for which may be
reimbursed to him.
7.
Mileage Allowance – Other modes
For any journey undertaken by an
employee, for which no provision is made in the proceeding Bye-laws, he shall draw travelling and daily allowance
on such scales as may be fixed by the Managing Director in each case, having
regard to the cost and modes of transport obtaining in the areas in which the
journeys are undertaken.
8.
Mileage Allowance – Transfer
i)
An
employee transferred from a post in one place to another in another place
necessitating a shifting of his
residence shall be paid T.A. atr the following rates, provided that if, in the
order of transfer, it is indicated that the transfer is temporary for a period
not exceeding 90 days or that no transfer T.A. would be paid, he shall be
eligible only to the mileage applicable to tour and at the same time he will be
entitled to D.A. for his stay at the new head quarters only at the following
rates:
a)
Half
the rate admissible for the first 30 days, and
b)
¼
the rate thereafter
ii)
For
journey by rail, he may draw one fare and four times the incidental expenses at
the rate admissible to him plus one extra rate for each adult member of his family,
who accompanies him, and one half fare for each child. Besides he may also draw the actual cost of
transporting of his personal effects by goods or passenger train subject to the
following maximums:
a)
Employees
in Grade I – Freight charges for a maximum of 2240 Kilograms plus actual
charges for packing, loading and unloading, subject to a maximum of Rs.60/- at
each end.
b)
Employees
in Grade II and III – Freight charges
for a maximum of 1120 Kilograms plus actual charges for packing, loading
and unloading, subject to a maximum of Rs.30/- in each end.
iii)
For
journey by Road, he may draw mileage allowance at twice the rate applicable
to him, plus an additional mileage at the rate applicable to him if two members of his family accompany
him and at twice that rate if more than
2 members accompany him. Besides; this,
he may also draw the actual cost of transporting his personal effects by any
mode limited to what it would have been had it been transported by rail for the
same distance.
9.
Daily Allowance
i)
An
employee required to travel in connection with the work of the Corporation may
draw Daily allowance for halts beyond 10 kilometers from the headquarters at
the following rates:
|
Grade of the employee |
Halts upto 3 hrs. in the
aggregate in any day |
Halts exceeding 3 hrs. but not
exceed- ing 6 hrs. in the aggregate in any day |
Halts exceeding 6 hrs. in the
aggregate in any day |
|
I II & III |
Nil Nil |
Rs.8.75 Rs.6.00 |
Rs.17.50 Rs.12.00 |
ii)
For
places outside the State of Kerala, the rate of daily allowance admissible for
halt shall be twice the ordinary rates.
iii)
The
payment of daily allowances for prolonged halts at a place within the state or outside, which does not amount
to a transfer of the employee or a temporary transfer of head quarters, may be
restricted as indicated below:
a)
Full
rate admissible for the station for the first 10 days.
b)
¾
rate for the next 20 days.
c)
½
rate thereafter. No allowance will be
given for halts exceeding three months.
iv)
No
DA is payable to an employee who is transferred to a new station, except as per
clause (1) of Bye-law 8 of this part.
v)
The
period of halt begins at the time the employee reaches the place of halt and
ends at the time he leaves that place for another place of halt or back to
headquarters. Halt includes the intervening Sundays and holidays, but excludes
days spent on leave. The authority
competent to sanction his T.A. claims, if he is convinced that casual leave was
necessitated due to illness or other
indisposition, may permit the drawl of
DA on days spent on casual leave also.
vi)
Certain
types of expenses like taxi charges, etc. incurred for the purpose of the
Corporation’s business may be specially sanctioned by the authority
competent to countersign T.A. claims in addition to D.A. subject to such limits
as may be prescribed by M.D.
vii)
Grade
I employee and, with the prior approval of the Managing Director, the other
employees may draw actual expenses for any day of halt. For this purpose, Hotel bills shall be
produced and the other expenses shall be certified.
viii)
For
halts away from the normal place of work, for which D.A. is not admissible as
per the above provisions, if the M.D. is satisfied that an employee would be
called upon to incur out of pocket expenses, he may sanction an amount by way
of D.A., not exceeding the normal rate of DA prescribed above for the category
of employees.
10.
Court Attendance
An employee, who is summoned to
give evidence in a court of law in respect of any fact which has come to his
knowledge in the discharge of his duties under the Corporation shall be
entitled to Travelling and Daily Allowance under these bye-laws but, in every
such case in which an employee draws an allowance from the Corporation, any
payments made by the Court to meet his travelling or other expenses shall be remitted to the
Corporation. For claiming Travelling
Allowance under this bye-law a certificate of attendance given by the Court or
other Authority which summoned the employee should be attached to the bill.
1.
Liability for foreign service
If the Managing Director finds it
expedient to do so at any time, he may place the service of any employee of the
Corporation, other than one in provisional service, at the disposal of the
State or Central Government or other companies or other bodies, provided that
without the prior consent of the employee concerned, he shall not lend the
service of any employee for service outside the State of Kerala.
2.
Period of foreign service
i)
The
period of Foreign Service shall commence from the date on which the employee
makes over charge of his post under the Corporation to the date on which he
takes over charge of his post in the Corporation; after completing the Foreign
Service.
ii)
The
period of Foreign Service should not normally exceed 3 years at a stretch for
any employee; provided that the Managing Director may, with the approval of the
Board, extend the period of Foreign Service beyond 3 (three) years for any
length of time.
3.
Pay during Foreign Service
i)
An
employee placed on Foreign Service shall be paid his pay and allowances for the
entire period of Foreign Service by the foreign employer.
ii)
The
pay and allowances so payable by the foreign employer shall be fixed and
communicated to the foreign employer by the Managing Director. The Managing Director may, at his
discretion, include a deputation allowance in the pay of the employee, while
fixing his pay and allowances for the foreign service period and, if he does
so, the deputation allowance shall not
ordinarily exceed 30% of the basic pay of the employee in the Corporation,
provided that, in exceptional cases, if the Managing Director is satisfied that
the duties under the foreign service are much more onerous or difficult than the duties of the employee
under the Corporation, he may sanction an enhanced rate of deputation
allowance, which shall not in any case exceed 50% except with the prior
approval of the Board.
iii)
If
the foreign employer makes default in paying the employee his pay and
allowances as per the terms of his bye-law, the Managing Director may authorise
the payment of the amount to which the employee is entitled to from the funds
of the Corporation and recover this from the foreign employer.
4.
Contribution to be paid to the
Corporation by the Foreign Employer
The foreign employer shall be required
to pay to the Corporation:
a)
A
contribution for the leave salary earned by the employee during the foreign
service, calculated by the Managing Director and intimated to the foreign
employer.
b)
Contribution
towards the Contributory Provident Fund of the employee, if any, calculated on
the pay that the employee would have drawn from time to time in the
Corporation, and
c)
Contribution
towards any other liability that the Corporation may incur on account of the
employee.
5.
Travelling Allowance
i)
The
entire sum payable to the employee for his travel to join the foreign post
travels during the foreign service and the travel to join the post in the
Corporation after the foreign service shall be borne by the foreign employer.
ii)
The
employee will be entitled to travelling allowance at the rates applicable to
the Corporation for the journey to join the foreign service and for the journey
to join the post in the Corporation after the foreign service, while in respect
of the journeys during the foreign service, the employee is entitled to
travelling allowance either as per the Corporation rules or as per the rules of
the foreign employer, whichever he may opt to follow.
iii)
If
the foreign employer fails to pay any part of the travelling allowance to the
employee, the Managing Director may authorise the payment of the same from the
Corporation funds and claim this from the foreign employer.
6.
Leave
i)
The
employee will be entitled to leave only as per these bye-laws.
ii)
Leave
during foreign service will be sanctioned by the foreign employer and
communicated to the Managing Director.
iii)
The
leave salary payable for the leave, other than casual leave, taken by the
employee during the foreign service shall be claimed by the employee from the
Corporation. No amount is payable by
the foreign employer to the employee in respect of leave other than casual
leave.
1.
Attendance
i)
Every
employee shall be at their usual places of work during the working times
prescribed and shall not leave such place except with the prior sanction of his
superior officer, given in each case or generally.
ii)
An
employee who arrives late for work either in the morning or after the lunch
break shall mark the time of his arrival in the Register kept for marking his attendance, and if he
arrives late than half an hour after the time prescribed for the commencement
of work he shall not mark his attendance nor attend to his work during the day
without the permission of the immediate superior, who is present in the office
at that time.
iii)
An
employee who arrives late for work either in the morning or after the lunch
break more than two times in a calendar month will forfeit a day’s pay for
every third occasion when he happens to be late.
2.
Misconduct
The following acts and omissions
on the part of an employee and the following
circumstances shall be regarded as misconducts punishable under these
Bye-laws.
1)
Inability
to perform the duties entrusted to him, which a man in his position could be
reasonably expected to perform in the circumstances.
2)
Negligence
of duties
3)
Refusal,
express or implied, to act as per the orders of his superiors.
4)
Refusal
to attend to work on Sundays or holidiays or out of regular office hours (women
employees may refure to work between 8 p.m. and 6 a.m.).
5)
Refusal
to work in a different capacity or in a different place from the capacity or
place in which he was working till then.
6)
Talking
or behaving in a disrespectful manner to a superior, challenging the authority
of a superior or arguing loudly with a superior even after being told not to do
so.
7)
Insubordination.
8)
Upsetting
the peace and decorum of the office or work place.
9)
Exhibiting
bad temper, using foul language or talking in a discourteous manner to another
employee.
10)
Slander
against any person within the office premises or work place.
11)
Failure
to show proper courtesy to the constituents of the Corporation.
12)
Any
act or conduct detrimental to the interests of the Corporaiton, or its good
name.
13)
Issuing
public statements, giving interviews, publishing articles, speaking at public
gathering etc. Criticising the affairs of the Corporation without the prior
permission of the Managing Director.
14)
Habitual
late attendance.
15)
Overstayal
of leave or joining time, without permission of the competent authority.
16)
Disclosing
any matter connected with the affairs of the Corporation or its constituents
coming to his knowledge to any person outside the service of the Corporation
otherwise than in the Course of the bonafied discharge of his duties in the
Corporation.
17)
Disclosing
confidential matter and official secrets of the Corporation to other employees
of the Corporation, otherwise than in the bonafied discharge of his duties.
18)
Seeking
soliciting or accepting outside employment or work without the previous
sanction of the Managing Director.
19)
Accepting
or permitting any member of his family to accept gifts (other than gifts of no
or negligible value) gratuity, reward or loan, in kind or in cash, from any of
the constituents of the Corporation or subordinate employees without the prior
permission of the Managing Director.
20)
If
any member of his family commits the act mentioned in sub-clause (19) above,
without his knowledge, failure or report to the Managing Director within 24
hours of his becoming aware of it and to act as per his direction.
21)
Institution
of insolvency proceedings against him or his seeking a moratorium or
arrangement with his debtors.
22)
More
than 50% of his pay being attached.
23)
Arrest
or imprisonment for non-payment of debt
24)
Dishonesty
25)
Misappropriation
of cash or kind.
26)
Fraud
on the Corporation or on other employees
27)
Committing
any offence punishable under the Penal Code within the premises of the office
or place of work against any person or outside the premises of the office or
place of work against any other employee of the Corporation or any of its constituents, whether or not
police action follows.
28)
Conviction
by a Court of Law for any offence committed outside the office or place of work
involving moral turpitude.
3.
Punishments
i)
If
an employee is found guilty of any of the misconduct mentioned under Bye-law 2 of this part, any of the following
punishments may be awarded to him:
a)
Censure
b)
Withholding
of increments of withholding of promotion
c)
Recovery
from pay of the whole or part of any pecuniary loss caused to the Corporation
by negligence or the employee’s conduct.
d)
Imposition
fo fine
e)
Reduction
to a lower rank in the seniority list or to a ower grade or post of time scale,
or to a lower stage in a time scale, either permanently or temporarily.
f)
Suspension
g)
Removal
from service
h)
Dismissal
ii)
It
is hereby classified that the following would not constitute a punishment
a)
Withholding
of increments consequent to the extension of
probation in accordance with the rules or orders governing the post or
terms of an employee’s appointment.
b)
Non-sanction
of an increment at the stage on an efficiency bar
c)
Reversion
to the previous category, class, grade or post of an employee officiating in a
higher category, class, grade or post, on the ground that he is considered
after trial, to be unsuitable for such higher category, class grade or post or
on administrative grounds unconnected with his conduct.
d)
Termination
of the service of an employee during probation or immediately on completion of
the period of probation.
e)
Termination
of the service of a provisional or temporary employee
f)
Suspension
of an employee in accordance with Bye-law 6 of this part.
iii)
The
following penalties are classified as minor, all other penalties being
classified as major:
a)
Censure
b)
Withholding
of increments or promotion
c)
Recovery
from pay of the whole or part of any pecuniary loss caused to the Company by
negligence or the employee’s conduct.
4.
Disciplinary authorities
i)
The
authority which may impose on an employee a minor penalty shall be the
immediate superior authority or any higher authority; provided he is not below
the rank of a Grade II Officer.
iii)
The
authority which may impose on an employee a major penalty shall be the Managing
Director; provided that in the case of an Officer belonging to Grade I and II
he shall not exercise the powers of
dismissal or removal from service except with the approval of the Board.
5. Disciplinary Procedure
i)
No
order imposing a penalty on an employee shall be passed except after,
a)
The
employee is served with a charge sheet stating briefly the counts of charge and
of the allegations on which they are based and is given an opportunity to file
a written statement of defence.
b)
The
written statement of defence, if any is furnished by the employee within the
time limit specified and if no time limit is specified within a reasonable
period, is scrutinised by the authority who served the charge sheet.
c)
An
oral enquiry is conducted by an Officer other than the authority who served the
charge sheet, unless the employee charged agrees to the charge, and a
reasonable opportunity is given at such enquiry for the defendant to produce
witnesses and documents and explain his case, and,
d)
The
report of the Enquiry Officer is studied by the authority who is competent to
impose the penalty and he is satisfied that the charge has been sufficiently
proved to warrant the penalty.
ii) The record pf proceedings in such cases shall include:
a)
A
copy of the charge sheet.
b)
The
written statement of defence, if any
c)
The
oral evidence taken during the enquiry, if any
d)
The
documentary evidence, if any, considered in the course of the enquiry, or
copies thereof
e)
The
report of enquiry officer settling out the findings on each charge and the reasons thereof and
f)
The
final orders with reasons, disposing of the case
iii) The disciplinary authority may nominate as
Enquiry Officer any employee including one subordinate to him. In case where an enquiry officer has been
nominated, as stated above, the disciplinary authority will have the right, for
reasons to be stated, to differ with the findings of the enquiry officer
iv)
Where
two or more employees are concerned in any case, the disciplinary authority may
proceed against them in a common proceedings.
6. Suspension pending
enquiry
i)
When
an enquiry into misconduct of an employee is contemplated or is progressing,
the Managing Director may at any time place him under suspension.
ii) He
shall be paid a subsistence allowance during the period of suspension
equal to half of the total of his basic pay and dearness allowance. If subsequently on enquiry, the employee is
found not guilty of the misconduct, the difference between his pay and the
subsistence allowance paid to him shall
be immediately disbursed to him.
7.
Appeal
i) An employee may appeal against any order
passed by a superior authority which injuriously affects his interests,
provided that the appeal shall be filed within 30 days of receipt of such
order, to the following authorities:
a)
Against
any order passed by an authority subordinate to a 1st Grade Officer
to the 1 Grade Officer.
b)
Against
any orders passed by a 1st Grade Officer to the Managing Director
ii) Every appeal shall comply with the following requirements:
a)
It
shall be couched in polite and respectful language;
b)
It
shall contain all material statements and arguments relied on, and shall be compete in itself.
c)
It
shall specify the relief desired
d)
It
shall be submitted through the proper channel
iii) An appeal to the Managing Director may be
withheld by a Grade I Officer if
a)
It
does not comply with the requirements in clause (ii) of this bye laws
b)
It
is illegible or is unintelligible
c)
It
deals with a matter which does not concern the employee personally.
d)
It
repeats an appeal already rejected by the authority to whom the appeal is addressed and does not, in the
opinion of that Officer, disclose any new points or circumstances which afford
grounds for reconsideration.
e)
It
is addressed to an authority to which no appreal lies under these bye-laws.
iv) In every case in which an appeal is
withheld the authority withholding the appeal shall inform the applicant the
fact of withholding the appeal and the reasons for withholding it.
v)
Appeals shall not be addressed to the Ministers or
Officers of State Government, or to the Directors of the Board personally, and
any such action shall be deemed to be a breach of discipline.
vi)
The
provisions of this bye-law shall also apply to the extent they are relevant to
petitions which concern more than one employee and are preferred jointly by a
class or group of employees or by an
association or union of employees recognised by the Corporation. A joint petition shall not be entertained
if;
a)
It
relates to a subject on which a lower officer is authorised to pass orders and
no application for redress has been made to him;
b)
It
relates to a matter regarding the redress of which a specific procedure has
been prescribed under any rule or instruction issued by the Corporation and
such procedure has not been observed or
c)
It
relates to an individual and is not submitted by him.
The existing causes/Sub causes are
deleted and substituted as follows:
Part II - Clause (i)
Grade
I All posts in the category of
Dy. Manager in G-10 and above
Grade
II Assistant Manager in G-9 and
G-10
Grade
III Asst.Managers/Asst.Engineers/Supdts/CA
PA in G-8 and G-9.
Part II – Clause 9(ii)
9.ii) An employee who is promoted shall be
holding the post to which he is promoted
in an officiating capacity for a period, which shall not be less than
one year subject to extension from time to time, provided that in the case of a
person who serves the Corporation on deputation, on getting promoted to a
higher post during the period of deputation on whether or not he is allowed the
benefit of the scale of pay of the higher post and who late opts for and gets
absorbed in the regular service of the Corporation without a break of service,
the period spent on deputation in the higher post may be treated as officiating
service in the higher post.
Part III – Clause 1 (iii)
1. iii) On promotion of an employee from a lower post
to officiate in a post on a higher time
scale of pay his pay in the higher time scale shall be fixed as per the
provisions in Rule 28A of K.S.R.
Refixation of pay will also be allowed in the higher time scale whenever
there is a change of pay in the lower time scale as per this rule.
Part III – Clause 2 (i)
2. i) In an incremental scale, the increment in
basic pay shall accrue on the completion of each specified period of service on
each stage of that scale, whether such service is provisional, temporary,
probationary, officiating or confirmed.
The increment so accrued from 01.04.1974 shall be granted to the
employees from the first of the month in which it falls due.
Part III – Chapter IV - Clause (3)
3. Medical expenses shall not be reimbursed
to an employee in excess of Rs.1,050/- in each financial year, unless there are
extenuating circumstances and the claim is specially authorised by the Managing
Director, provided that in the case of employees in provisional service, the
reimbursement of medical expenses shall be further subjected to a limit of Rs.262.50 in each quarter, the
unutilised portion of the limit in each quarter being allowed to be carried
over and added to the limit for the next quarter in the same financial year.
Part IV – Clause 1 (d)1(d) Half pay leave
Part IV – Clause 15 (i) &
(ii)
4.
Half
pay leave
i) During
the full period of service a permanent employee may be granted half pay leave
in lieu of sick leave for a period calculated at the rate of 20 days for each
completed year of service.
ii) An
employee on half pay leave in lieu of sick leave is entitled to leave salary
equal to half of the basic pay and full allowance entitled to him on the day
before the day on which the leave commences; provided that where an employee
has served the Corporation for at-least a period of five years he may, if so
requests be permitted to avail himself of Half pay leave at full pay for a
period not exceeding half of the number of days of half pay leave already
earned by him, such leave being entered as twice the period of leave taken in his half
pay leave in lieu of sick leave account.
Part V – Clause 5 (ii)
5. ii) The
mileage allowance for journey by Road
shall be as follows for journey exceeding 10 Kilometers:
|
Grade of employee |
Rate for using own car or
specially hired car |
Rate for using own scooter or
Motor cycle |
Rate for using public conveyance
which plies regularly for conveyance
of passengers |
|
All Officers |
Nil |
35 ps./Km. |
|
Part V - Clause 9(i)
9 (i)
|
Grade of the employee |
Halts upto 3 hrs. in the
aggregate in any day |
Halts exceeding 3 hrs. but not
exceed- ing 6 hrs. in the aggregate in any day |
Halts exceeding 6 hrs. in the
aggregate in any day |
|
I II & III |
Nil Nil |
Rs.23.00 Rs.18.50 |
Rs.46.00 Rs.87.00 |
Part VI – Clause 2 (ii)
2 (ii) The period of Foreign service should not normally exceed 5 years
at a stretch for any employee provided that the Managing Director may, with the
approval of the Board, extend the period of foreign service beyond five years
for any length of time.