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RULES 1962
1. Short title : These Rules may be called Andhra Pradesh Mining Corporation Limited,
Leave Rules, 1962.
2. Application : These Rules shall be deemed to have come into force on 11th May,1962 and
shall apply to every full-time employee of the Corporation.
3. Definitions : In these Rules unless there is anything repugnant in the subject or context :
Probationer means an employee appointed to a post whose work is to be watched
for a specified period of declare him as a person fit to hold that post.
Approved probationer means an employee who has satisfactorily completed the
period of probation prescribed for the said post.
Emoluments means pay, special pay, deputation pay and other allowances
admissible according to the Corporations Rules.
4. Kinds of Leave : Subject to the provisions of these Rules, the following kinds of leave
may be granted to an employee:
(a)
(b)
(c)
(d)
Casual Leave.
Earned Leave.
Leave on Medical grounds.
Extraordinary Leave.
5. Sanctioning Authority :
(a) Casual Leave: The Managing Director will grant Casual Leave to the
officers and subject to such direction as may be issued by him, the
Secretary and the Accounts Officer will grant Casual Leave to other
employees as may be working under them.
(b) Other kinds of Leave : In case of Earned Leave, leave on medical grounds
and extraordinary leave, the authority to make appointment will be
authority to sanction the leave.
6. Power to refuse or recall from Leave: Leave cannot be claimed as a right, when the
exigencies of the service so require, discretion to refuse or revoke leave of any
description is reserved to the Authority empowered to grant it, and an employee already
on leave may be recalled by that Authority when it considers the recall necessary in the
interest of the Corporation.
7. Limits of jurisdiction: No employee can leave his head-quarters or the limits of his
jurisdiction in anticipation of leave without permission of the competent authority.
Ordinarily, municipal limits of Hyderabad will be considered to be the limits of the headquarters except in case of camps in which case the limits of the respective camps will be
deemed to be headquarters.
8. Conditions for availing Leave: Leave of all kinds, as a rule, should be availed of only
with the express and previous sanction of the competent authority in the manner herein
provided.
Provided that in exceptional and deserving cases the Managing Director at his
discretion may waive the operation of the above rule.
9. Service counting for leave:
(a) An employee appointed to any substantive post on probation for a certain
period will be entitled to casual and leave on medical grounds as if he held a
(i)
(ii)
Casual Leave: Casual Leave for a period not exceeding 15 days during the
Calendar year may be availed of by an employee with the previous
sanction. At any one time Casual Leave cannot ordinarily be availed of for
more than seven days . Casual Leave cannot be added to any kind of leave
or joining times; but an employee may be permitted to prefix, suffix and
avail intervening holidays.
Unavailed Casual Leave: Unavailed Casual Leave will lapse at the end of
the year. An employee on Casual Leave shall be treated as on duty.
17. Optional Holiday : An employee can avail with the previous sanction five optional
holidays on any of the festival holidays declared by the State Government in the year
besides the 15 (fifteen) days Casual Leave.
EARNED LEAVE.
18. (i)
Earned Leave shall be earned at the rate of 1/22 nd in respect of probationers and
1/11 th in respect of approved probationers of duty performed without
interruption.
(ii)
(iii)
(iv)
(vi)
(vii)
(viii)
Every employee may be permitted to surrender straight away not more than
15 days earned leave once in 12 months and 30 days earned leave once in
24 months interval, as the case may be and encash the same without going
on leave.
Every employee shall be paid salary and allowance equivalent to such
period of earned leave as is surrendered without any deduction towards
provident fund or adjustment of other advance provided that the deduction
shall be made for income-tax wherever applicable.
Every employee is permitted to surrender leave at any time not exceeding
15/30 days within a block period of one/two calendar years respectively.
The interpretation of the Managing Director in rules shall be final and
bindings.
19. Leave salary admissible: An employee on earned leave is entitled to a leave allowance
equal to the emoluments which he would have been entitled to if he had been on duty.
20. Earned Leave not accountable for termination of service; The unavailed portion of the
earned leave to the credit of the employee shall not be accountable towards the period of
notice required to be given by him according to his appointment orders.
21. Lapse of leave on occasion of service; Leave earned by an employee lapses on the date
on which he ceases to be in service, or dies while in service.
LEAVE ON MEDICAL GROUNDS
22. (a)
Leave on Medical grounds on Medical Certificate not exceeding two years in all
during an employees entire period of service may be granted to an employee
in permanent service of the Corporation on production of a certificate from a
qualified medical practitioner, nominated by the Corporation.
(b)
(ii)
(b) Except in exceptional circumstances, the duration of extraordinary leave shall not
exceed three months on any one occasion and 12 months during the entire period
of an employees service. The period spent on such leave shall not count for
increments. Provided that in case where the Managing Director is satisfied that
the leave was taken on account of illness or for any other cause beyond the
employees control, he may direct that the period of extraordinary leave may count
for increments, upto a total period not exceeding two months.
25. Combination of Leave : Leave of any kind may be taken subject to eligibility in any
combination with any other kinds of leave except casual leave.
26. Unauthorised employment during leave : An Officer or Employee of any rank, who is on
leave or otherwise, should not take service or accept any employment or do any business
which involves the receipt of fee, salary or honorarium, emoluments or profit, directly or
indirectly, without obtaining the previous sanction of the Managing Director or the Board
of Directors as the case may be (through proper channel) and any contravention of this
Rule shall result in the forfeiture of all privileges the employee may be entitled to,
including the Corporations contribution to the Provident fund.
Extract of the Minutes of the 66th meeting of the Board of Directors held at the Registered
Office of the Corporation at 10.30 AM on 6-2-70.
Item No.4 : To consider the proposal for grant of maternity leave to female employees of
the Corporation.
The Board having considered the note, resolved that the service rules of the Corporation
be amended to include sanction of maternity leave as below:
Rule 21 A. Maternity Leave: Women employees of the Corporation shall be
granted maternity leave upto sixty days which shall be in addition to earned leave to their
credit in respect of approved probationers and it shall be inclusive of earned leave to their
credit in respect of probationers. The leave shall be granted to run four weeks before
confinement and four weeks after confinement.
Explanation (i). The provision of this rule shall apply to grant of maternity leave in cases
of confinement and shall apply in cases of mis-carriage including
abortion subject to the condition that the leave does not exceed six
weeks and the application for leave is supported by a certificate from a
Registered Medical Practitioner.
(ii)
(iii)
The Maternity leave may be combined with leave of any other kind but
any leave applied for in continuation of the maternity leave may be
granted only if the request is supported by a medical certificate.
(iv)
(v)
The maternity leave shall be granted to the women employees not more
than three times in an employees career.
27. Lent or contract officer will be governed in the matter of leave by such rules as are
applicable to them by special terms and conditions under which their services are taken
by the Corporation. If there are no particular terms and conditions specified in their
appointment orders, then the Corporation s rules shall apply.
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1. These rules shall be called Andhra Pradesh Mining Corporation Limited, Leave Travel
Concession Rules, 1979.
These rules provide for the grant of Leave Travel concession to the employees of the
Corporation.
2. DESCRIPTION:
Leave Travel Concession is reimbursement of expenditure incurred by the employee and
his family members to travel from the place of duty station to home town and back during
any kind of leave including maternity leave, also casual leave and extra-ordinary leave
without allowances, subject to the condition that the sanctioning authority shall satisfy
itself before sanctioning the L T C whether the leave applied for by the employee is
sufficient to cover to and fro journeys.
3. ELIGIBILITY:
a) All permanent employees who have put in a continuous service of one year are
eligible for the concession.
b) Re-employed officers are also eligible for the concession on completion of continuous
service of one year put in case of re-employment in continuation of superannuation,
the period of re-employment shall be treated as continuous with the previous service
for this purpose.
c) Persons appointed on a contract basis are also eligible for the concession after
completion of one years service, if the period of contract is more than one year
where the initial contract is for one year and it is later extended, the total duration of
the service shll be taken into account for the purpose.
d) Any temporary employee who has put in continuous service for 5 years would also be
eligible.
4. THE CONCESSION IS NOT APPLICABLE TO THE FOLLOWING PERSONS:
1.
2.
3.
4.
5. AMOUNT OF RE-IMBURSEMENT:
Expenditure for the first 75 Kilometers of the journey by the shortest route either way
shall be borne by the employee. The expenditure for the rest of the distance (within the
limits of the State), as per those rules shall be reimbursed by the Corporation. When the
distance between the Headquaerters and home town by the shortest route does not exceed 75
kilometers reimbursement of expenditure does not arise. For this purpose journey from and
to the home town outside the state shall be treated to have commenced from the last point
within the State.
6.FREQUENCY:
The concession may be availed by an employee and his/her family members once in every
block of two consecutive calendar years, commencing from the block period of 1979-80.
The concession on the first occasion would be during the block period 1979 and 1980, and
the next occasion would be during the block period of 1981-82 and 1983-84 and so on. The
concession not availed of during any block period shall lapse. It is enough if the outward
journey from Headquarters is within the block of period and return journey can be in the next
block of two years but counted against the block of two years in which the outward journey
is performed. An employee and his family members shall also be eligible to travel to any
place in Andhra Pradesh in a block period of 4 years in lieu of normal Leave Travel
Concession the second two year block period, outherwise available for travel to home-town,
Provided that the employee or the family has not availed of the Leave Travel Concession in
the first block of two years.
7. SANCTIONING AUTHORITY:
The authority competent to sanction availment of L.T.C. shall be the Managing Director.
8. FAMILY :
The word family shall have the same meaning as defined in the rules of Andhra Pradesh
Mining Corporation Travelling Allowance Rules.
9.
HOME TOWN:
a) The words Home Town means the place which is declared by the employee duly
supported by reasons such as, Native Place, residence of parent or grand parent or
where he would have normally resided but for his being in Corporations service.
b) Every employee is required to give declaration of his home town within a period of
three months from the date of the issue of these orders. Persons who enter into the
service of the Corporation in future should make such declaration before the expiry
of three months from the date of entry into service.
A declaration of Home Town once made shall ordinarily be treated as final but in
exceptional circumstances the Managing Director may authorise the change for valid
reasons in such declaration.
c) The declaration shall be in the following form:
To
The. . . . . . . . . . . .
Sir,
I declare that_____________village______________in the __________taluk
of_______________dist. Of_____________state is my Home Town as :
It is my native place:
As it is the permanent residence of parents:
As it is the permanent residence of grand parent:
As it is the pace where I would have resided but for my employment under the
Corporation.
Yours faithfully,
Signature:_______
10. JOURNEYS:
a) The concession is permissible for journeys within State and it shall be calculated on
the basis of the distance by the shortest route between Headquarters and Home
Town.
b) The journeys may be performed by the employee and the fimily members together
or separately. Some of the family members may perform the journeys along with
the employee, and the remaining members may perform the journey separately.
When the journeys are performed separtely, the outward journey of the second group
should commence within six months from the date of the commencement of the
journey by the first group.
c) The claim for re-imbursement of a journey of the employee need not be taken upon
the journey performed by the family members and vice versa. In other words, the
family members will be entitled to the concession irrespective of the fact that the
employee may or may not proceed in regular leave or that his leave hs or has not
been officially informed. But the return journey must be completed within 6 months
from the date of commencement of onward journey nd the concession will be
counted against the block year in which the first outward journey commences. The
condition of 6 months period may, however, be relaxed in certain circumstances by
the Managing Director.
d) The journeys may be performed by any route with or without halts on the way. It is
essential that the journey should cover the home town. The period of that journey to
home town is not prescribed, this being left to the convenience of the individuals.
e) When an officer is on training with change of headquarters, leave travel concession
will be for the journeys from the pace of training to the home town. In case of
training, where there is no change of headquarters of the employee, the leave travel
concession for the employee shall be for the journeys between the pace of training
and the home town and for the family members for the journeys between the
headquarters of the employee and the home town.
f) The concession can be availed of in combination with journeys on transfer, when an
employee and his family members proceed from the pace of old headquarters to the
home town and from the home town to the new headquarters. In such cases, it is
necessary for the employee to take the required leave on relief from the old station.
The claim for such journeys shall be for the distance between the place of the
shortest route, after deducting there from the following distances:
i)
ii)
The distance for which the transfer travel allowance from the old
station to the new station is admissible.
150 KM (being the total of the initial distance either way).
g) The return journey in each case should be completed within a period of six months
from the date of the outward journey from the head quarters.
11. REGULATION OF CLAIM:
a) The expenditure on the first 75 KM of the journey either way is not reimbursable.
b) For the remaining distance of the journey, the claim is to be regulated as follows:
i)
For the distance connected by train, the Railway fares actually paid, or the Railway
fares of the class by which the persons are authorised to travel under the Rules
whichever may be less is permissible.
ii) When the journeys between two places connected by train are performed by road in
public transport, actual bus fares not exceeding the Railway fares by the entitled class
are permissible. The road journey may be ordinary bus or by Deluxe Service.
iii)
iv)
v)
vi)
vii)
viii)
ix)
12. GENERAL:
a) These concessions from the Corporation woud be available to either the husband or
the wife whoever is the employee of the Corporation subject to specific declaration
that similar concessions have not been availed by the husband or the wife as the case
may be, as the employee of the Corporation by virtue of an employment of the
husband or wife in any other Corporation or any other institution, or Government
under which similar concessions might have been availed by for the same block year.
aa) When both husband and wife are Corporations employees, the concession for the
other family members can be claimed only once in a block period either as the
family members of the father or as the family members of the mother.
b) When the family of employee is living away from him and the concession is not
being availed of in any block period of two years, for the family members, the
employees on making a declaration to that effect, is eligible to avail the travel
concession of visiting the home town once in each calendar year instead of once in
the block period of two years.
An employee having no family is not, however, eligible to avail the concession
once in every calendar year.
c) In the following cases the concession is admissible for the outward journeys onlyL
h) The employee and family members performing the journey to home town during
leave preparatory to retirement, refused leave, and terminal leave of not less than 15
days.
i) Family members having performed the journey to home town, have no
intention of completing the return journey or performing the return journey
after a period of six months from the date of commencement of the outward
journey.
d) In the following cases the concession is admissible for the return journey only:
i) A newly married husband/wife of the employee coming home town to Head
Quarters station.
ii)
Any member of the family of the employee living for a long time at the home
town and for whom the concession in respect of the outward journey has not
been availed of during that block period of two years.
e) The travel concession is not admissible when an employee proceeds on regular leave
and then resigns his post without returning to duty.
f) The claim for re-imbursement of the cost of the journeys be preferred within one
month of the_______________________ completion of the return jouney, When the
journeys are performed separately by the employee and his family members, the
claims can be preferred separately.
g) When both husband and wife are in the employment of the Corporation, L T C in a
block year of two years should be availed for journeys performed to the native place
or the home town as declared by one of the other of the two according to the option
of the employees.
h) A record of all assistance granted under these rules hall be maintained. The entries
should indicate the dates of journeys of the employee and his family members
together with the particulars of amount re-imbursed as Travelling Allowance.
13. A D V A N C E S:
a) When permission is given to avail the leave travel concession, advance may be
sanctioned to meet the expenditure on the journeys.
b) The amount of advance shall be limited to 80% of the estimated cost which is reimbursable to the employee under these rules for the journeys.
c) The advance may be granted for both the outward and return journeys perormed
within 90 days of the outward journey. In case, where the return journey is not
likely to be performed within 90 days of the outward journey, 80% of the amount of
advnce for the outwad journey only should be granted as advances.
d) When the family members, or part of the family are to perform the journeys
separately, the advance for their journeys can be sanctioned separately.
e) The advance drawn, should be refunded in full if the outward journey is not
commenced within 30 days of the drawal of the advance.
f) The advance drawn under these rules should be adjusted in the T.A. bills, for the
journeys, which have to be presented within 30 days of the completion of the return
journey.
g) The Railway Receipts and Tickets numbers as well as money receipts issued by the
Railway authorities, public transport tickets and such other supporting documents
should invariably be presented along with the claim for T.A. bills. However, in
respect of journeys performed between places not connected by train or by public
transport, a certificate from the employees as to the distance and mode of the
journey should be taken as the supporting document for allowing mileage.
14. CERTIFICATES:
The claims for re-imbursement should be accompanied by the following certificates :a) Certificates to be given by the employee:
i) I have not submitted any other claim so far for leave travel concession in respect
of myself and my family members in respect of the two block years, 19
- 19
ii) I have already drawn T.A. for Leave Travel Concession in respect of the journey
performed by me/my with with_______________ children. This claim is in
respect of the journey performed by my wife/myself with_________ children,
none of whom travelled with the party on the earlier occasion.
iii)
The Journey has been performed by me/my wife, with the children to the
declared Home Town viz:____________.
iv)
That my husband/wife is not employed in the Company
That my husband/wife is employed in the Company and the concession has not
been availed of by him/her separately for himself/herself or for any of the family
members for the concerned block of two years.
b) Certificate to be given by the Controlling Officer:.
i)That Shri/Shrimathi/Kumari________________has rendered continuous service
for one year or more on the date of commencement of the outward/journey.
ii) That necessary entries have been made in the service book of the employee
regarding the Leave Travel Concession availed of by him/her for the block
year______.
15. Any subsidiary rules, modifications, amendments and interpretations thereof can be
given by the Managing Director.
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CONDUCT RULES.
1. Short Title: These Rules may be called the Andhra Pradesh Mining Corpoation Ltd.,
Conduct, Discipline and Appeal Rules, 1962.
2. Application: These Rules shall be deemed to have come into force on 11 th May,1962 and
shall apply to every whole time employee of the Corporation.
3. Definitions: In these Rules unless there is anything repugnant in the subject or context:
(a) Board means the Board of Directors of the Corporation and in relation to any
powers exercisable by it, includes any committee.
(b) Appointing authority in respect of the posts carrying aScale of Rs.300-600 and
below is the Managing Director and in respect of the other posts, the Board of
Directors.
(c) 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 temporary absence of the Managing Director.
(d) Secretary/Accounts Officer in relation to any powers exercisable by him, includes
an officer authorised to exercise the powers of the Secretary and the Accounts
Officer during the temporary absence of the Secretary and the Accounts Officer.
(e) Family means an employees aged parents, widowed sisters and unmarried
brothers and sisters.
4. Change in Rules: Any new rule or alteration in the existing rule shall be issued in the
form of a circular for circulation among the staff.
5. Power to interpret an implement rules: The power to interpret rules vests in the
Managing Director who is also hereby empowered to issue such administrative
instructions as may be necessary to give effect to and carry out the purposes of the
provisions of these rules, or generally to secure effective control of the staff.
Provided that if as a result of any decision of the Managing Director, as regards the
interpretation of the construction of any rule of rules, employees feels aggrieved he shall
have a right to appeal against such decision of the Managing Director, to the Board
whose decision shall be final and binding on all concerned.
6. Managing Directors power to delegate: The Managing Director may, subject to such
restrictions, and for so long as he may deem fit, delegate to the Secretary/Accounts
Officer or any other officer appointed by the Board or by himself in this behalf, any of
the powers conferred on him by these rules in relation to employees other than officers,
except the powers referred to in rules 23,24 (except sub-rule (3) thereof) and 27.
7. Classification of Permanent Staff: The permanent staff of the Corporation shall be
grouped as follows:
Class A Officers (I,.e) Employees with a starting basic salary of Rs.300 and above.
Class B Assistants and Clerical Staff.
Class C Subordinate Staff.
8. Scope of an employees service: Unless in any case it be otherwise distinctly provided,
the whole time of an employee shall be at the disposal of the Corporation and he shall
serve the Corporation in its business in such capacity and at such place as he may from
time to time be directed.
9. Liability to abide by the rules and orders: Every employee shall conbform to and abide
by such rules and shall observe, comply with and obey all orders and directions which
may from time to time be given to him by any person or persons under whose
jurisdiction, superintendence, or control he may for the time being placed.
10. Obligation to maintain Secrecy: Every employee shall maintain the strictest secrecy
regarding the Corporations affairs and the affairs of its constituents and shall not divulge,
directly or indirectly, any information of a confidential nature either to a member of the
public or of the Corporations staff unless compelled to do so by judicial or other
authority, or unless instructed to do so by writing by a superior officer in the discharge of
his duties.
11. Prohibition against participation in Politics and standing for elections : No employee
shall take an active part in politics or in any political demonstration or stand for election
as member for Local Bodies or Legislative Body.
12. Contribution to the Press: No employee may contribute to the press any matter of a
political or controversial nature without the prior sanction of the Managing Director, or
without such sanction, make public or publish document, paper or information which
may come into his possession in his official capacity.
13. Employees not seek outside employment: No employee shall accept, solicit, or seek any
outside employment or office, whether stipendiary or honorary, without the previous
sanction of the Managing Director.
14. Part-time work for outside bodies: No employee shall undertake part-time work for a
private or public body or a private person, or accept fee therefor, without the sanction of
the Managing Director who may grant sanction only in exceptional cases when he is
satisfied that the work can be undertaken without detriment to his official duties and
responsibilities. The Managing Director may in cases in which he thinks fit to grant such
sanction, stipulate that any fees received by the employee for undertaking the work shall
be paid, in whole or in part, to the Corporation.
15. Employees not absent from duty without permission or be latge in attendance:
(1) An employee shall not absent himself from his duties without having obtained the
prior permission of the Managing Director, nor shall absent himself in case of
sickness or accident, without submitting a valid medical certificate: Provided that in
the case of temporary indisposition the production of medical certificate may at the
absolute discretion of the Managing Director, be dispensed with.
(2) An employee who absents himself from duty without leave, except under
circumstances beyond his control for which he must tender a satisfactory
explanation, shall not be entitled to draw any pay and allowances for the period of
such absence or overstayal, and shall further be liable to such penalties as the
Managing Director may impose. The period of services under Rule 15 or 18 or
dismissal under Rule 24, be treated as period spent on either privilege, sick or
extraordinary leave as the Managing Director my determine.
(3) An employee who is habitually late in attendance shall, in addition to such other
penalty as the Managing Director may deem to impose, have one days casual leave
forfeited for every three days he is late in a month. Where such an employee has no
casual leave at his credit the period of leave to be so forfeited may be treated as
privilege or extraordinary leave, as the Managing Director may determine. Provided
an employee who takes prior permission of the competent authority to attend office
late, will not be treated as late in attendance under this Rule, such permission being
normally limited to one hour.
16. Absence from Station: An employee shall not absent himself from his station overnight
without obtaining the previous sanction of the Managing Director.
17. Acceptance of gifts: An employee shall not solicit or accept any gift from a constituent
of the Corporation or from any subordinate employee or from any person having
transaction with the Corporation.
18. Private Trading or business: No employee shall engage in any commercial business or
pursuit either on his own account or as agent for others, nor act as an agent for an
Insurance Company or the Lif Insurance Corporation of India nor shall he be connected
with the formation of management of a Joint-stock company or a firm.
19. Speculating in stocks, shares etc. : An employee shall not speculate in stocks, shares,
securities or commodities of any description:
Provided that nothing in this Rule shall be deemed to prohibit an employee from making
a bonafide investment or his own funds in such manner as he may consider necessary.
20. Restrictions on borrowings and investments: (1) An employee shall not borrow money
from or in any way place himself under a pecuniary obligation to a broker or an employee
of the Corporation sub-ordinate to him or any firm or person having dealings with the
Corporation.
(2) No employee shall make nor permit any member of his family to make any
investment likely to embarrass or influence him in the discharge of his official duties.
21. Submission of property statement: Every employee of the Corporation on joining duty
and thereafter on every first January shall submit a statement showing the immovable
property held by him.
22. Employee in debt: An employee who is in debt shall furnish to the Managing Director a
signed statement of his position at the time of his appointment and also half-yearly on the
31st March and 30th September, and shall indicate in the statement the steps he is taking to
improve his position. An employee who makes a false statement under this Rule or who
fails to submit prescribed statement or appears unable to liquidate his debts within a
reasonable time or applied for the protection of an insolvency court be liable to dismissal.
Explanation. I : For the purpose of this Rule, an employee shall be deemed to be in debt if
his total liabilities exclusive of those which are fully secured by tangible assets exceed his
substantive pay for six months.
Explanation. II: An employee shall be deemed to be unable to liquidate his debts within a
reasonable time if it appears having regard to his personal resources and unavoidable
current expenses, that will not cease to be in debt within a period of two years. Unless
the contrary is proved to the satisfaction of the Managing Director, it shall be presumed
that an employee cannot provide more than one-quarter of his pay and allowances
towards the liquidation of his debts.
23. Employees arrested for debt or on criminal charges: (1) An employee who is arrested for
debt or on criminal charge, may, if so directed by the Managing Director, be considered
as under suspension from the date of his arrest, and shall be allowed the payments
admissible to an employee under suspension under clause (4) of Rule 24 until the
termination of the proceedings against him, when an adjustment of his pay and
allowances shall be made according to the circumstances of the case and in the light of
the decision as to whether his absence is to be accounted for as period on duty or leave,
the full pay and allowances being given only in the event of the employee being acquitted
of all charges and treated as on duty during the period of his absence. An employee who
is committed to prison for debt or is convicted of any offence involving moral turpitude
shall be liable to dismissal.
(2) Where a conviction of an employee is set aside by a higher court and the
employee is acquitted honourably he shall be reinstated in service.
Explanation: In this Rule the expression termination of proceedings shall mean the
decision of the lower court which first finally disposes of the case. Committee or
conviction shall mean committal or conviction by the lower court or any of the
appellate courts, and it shall be open to the Corporation to dismiss an employee who
ninety days for reasons directly attributed to the employee, the subsistence allowance
shall be reduced to one fourth of such basic pay, dearness allowance and other
compensatory allowance for the period exceeding ninety days.
(a). Where the disciplinary proceedings are by the police or by any court of law or
where criminal proceedings against the employee are under investigation or trial, the
subsistence allowance shall, for the first one hundred and eighty days from the date of
suspension, be equal to one half of his basic pay, dearness allowance and other
compensatory allowances. If such disciplinary proceedings or criminal proceedings
get prolonged and the employee continues to be under suspension for a period
exceeding one hundred and eighty days, the subsistence allowance, shall for the
period exceeding one hundred and eighty days, to be equal to three fourths of such
pay and proportionate allowances. Provided that where such disciplinary proceedings
or criminal proceedings are prolonged beyond a period of one hundred eighty days
for reasons directly attributable to the employee, the subsistence allowance shall for
the period exceeding one hundred and eighty days, be reduced to one fourth of such
pay and proportionate allowances.
(b). If on the conclusion of the disciplinary proceedings or as the case may be
criminal proceedings, the employee has been found guilty of the charges framed
against him and if it is considered, after giving him a reasonable opportunity of
making representation on the proposed penality that an order of dismissal or
suspension or fine or stoppage of annual increment or reduction in rank as mentioned
in Rule 24 (1) would meet the ends of justice, the Management shall pass an order
accordingly.
(i). Provided that when an order of dismissal is passed under this clause the employee
shall be deemed to have been absent from duty during the period of suspension and
shall not be entitled to any remuneratioin for such period. The subsistence allowance
already paid to him shall not be recovered.
(ii). Further provided that where an order imposing fine or stoppage of increments or
reduction in rank or reprimand is passed under this clause, the employee shall be
deemed to be on duty during the period of suspension and shall be entitled to the
basic pay and allowances as he would have received if he had not been placed under
suspension, after deducting the subsistence allowance paid to him for such period.
(c). If on the conclusion of the disciplinary proceedings or as the case my be of the
criminal proceedings, the employee has been found to be not guilty of any of the
charges framed against him, he shall be deemed to have been on duty during the
period of suspension and shall be entitled to the same salary as he would have
received if he had not been placed under suspension after deducting the subsistence
allowance paid to him for such period.
(d). Payment of subsistence allowance under this clause shall be subject to the
employee concerned not taking up any employment during the period of suspension.
(e). The Management shall take into account the gravity of the misconduct, the
previous record, if any, of the employee and any other extenuating and aggrevating
circumstances that may exist.
(5) Notwithstanding anything contained in Rule 23 and 24 and the sub.clauses
thereto, no enquiry is necessary before taking any discipline action in cases where the
employee has been convicted by a court of law for any offence involving moral
turpitude or if management is satisfied for the reasons to be recorded in writing, that
it is impracticable dur inexpedient for reasons of security to continue the employee
Approved by the Board of Directors at its 9 th Meeting held on 3-5-1962 and amended
by the Board of Directors at its 187th Meeting held on 27-5-1986.
Application:
These Standing Orders shall come into force in accordance with the provisions of
Section 7 of the Industrial Employment (Standing Orders) Act, 1946 and shall apply
to all workmen, employed by M/s. Andhra Pradesh Mining Corporation Limited in
their Mangampet Barytes Mine, Cuddapah Dist., Andhra Pradesh.
2.
Classification of workmen:
(1)
(2)
Tickets :
(1)
Every workman shall be issued with a ticket bearing his name, department, his
number and date of appointment and shall on being required to do so, show it
to any person authorised by the manager to inspect it.
(2)
4.
5.
6.
Every employee shall surrender his ticket on (a) change of his classification;
(b) leaving the service of the undertaking or(c) the termination of his services.
Notice showing the period and hours of work for every class and group of
employees in the undertaking and for each relay or shift, stating the time of
commencement and the end of work and also the time of commencement and
end of the intervals of rest for persons employed above ground and in
opencast workings and also showing the particulars of the system in which the
periodical changes of shifts are made for all or each set of persons employed,
shall be displayed on notice boards maintained for the purpose in the
departments concerned, at the time keepers office and outside the office of
the mine and at or near the main entrance of the undertaking.
(b)
Any alteration in the time fixed for the commencement of or the end of work
in the undertaking generally or for any relay or in the rest intervals fixed for
persons employed above ground, an amended notice shall be posted not less
than 7 days before the change is made.
(c)
Any employee required to work for a different period shall be notified to that
effect in advance.
(ii)
Shift working :
More than one shift may be worked in a department or departments or any section of
a department of the establishment at the discretion of the employer. If more than one
shift is worked, the workmen shall be liable to be transferred from one shift to
another. No shift working shall be discontinued without 21 days notice being given
in writing to the workmen prior to such discontinuance, provided that no such notice
shall be necessary if the closing of the shift is under an agreement with the workmen
affected. If as a result of the discontinuance of the shift working, any workmen are to
be retrenched, such retrenchment shall be effected in accordance with the provisions
of the Industrial Disputes Act, 1947 (14 of 1947) and the rules made thereunder. If
shift working is re-started, the workmen shall be given notice and re-employed in
accordance with the provisions of the said Act and the said rules.
7.
8.
(1)
All employees shall be at work in the undertaking at the time fixed and
notified. Employees attending late shall be liable to be shut out and treated as
absent, provided that no operative who attends within 15 minutes of the
starting time shall be shut out.
(2)
Any employee, who is found absent from his proper place of working during
working hours without information or without sufficient reasons, shall be
liable to be treated as absent for the period of his absence.
(3)
Deductions from wages or salaries for the period for which and employee is
treated as absent under clauses (1) and (2) of this standing order may be made
in accordance with the provisions of the Payment of Wages Act, 1936 in all
cases to which such Act is applicable.
9.
10.
Leave:
(1)
Holidays with pay will be allowed as provided for in Mines Act, 1952 and
other holidays in accordance with law, contract, custom and usage.
(2)
The granting of leave shall depend on the exigencies of the undertaking and
shall be at the discretion of the Manager.
(3)
A workman who desires to obtain leave of absence shall apply to the manager,
who shall issue orders on the application within a week of its submission or
two days prior to the commencement of the leave applied for, whichever is
earlier, provided that if the leave applied for is to commence on the date of the
application or within three days thereof, the order shall be given on the same
day. If the leave asked for is granted, a leave pass shall be issued to the
worker. If the leave is refused or postponed, the fact of such refusal or
postponement and the reasons therefor shall be recorded in writing in a
register to be maintained for the purpose, and if the worker so desires, a copy
of the entry in the register shall be supplied to him. If the workman after
proceeding on leave desires an extension thereof, he shall apply to the
manager who shall send a written reply either granting or refusing extension
of leave to the workman if his address is available and if such reply is likely to
reach him before the expiry of the leave originally granted to him.
(4)
If the workman remains absent beyond the period of leave originally granted
or subsequently extended, he shall lose his lien on his appointment unless he
(a) returns within 8 days of the expiry of the leave and (b) explains to the
satisfaction of the manager his inability to return before the expiry of his
leave. In case the workman loses his lien on his appointment, he shall be
entitled to be kept on the badli list
Casual Leave:
(1)
11.
12.
(2)
(3)
Except for emergent reasons, casual leave shall be limited to three days at one
time.
(4)
Gazetted and public holidays and Sundays shall not be prefixed or suffixed to
casual leave except with the previous permission of the Manager.
(5)
(6)
Sick leave:
Every permanent employee shall be entitled for sick leave with wages for 7
days in a calendar year. Any employees who avails sick leave for 3 days or
more at a time shall produce a medical certificate.
(7)
Payment of Wages:
(1)
Any wages, due to the workmen but not paid on the usual pay day on account
of their being unclaimed, shall be paid by the employer on an unclaimed wage
pay day in each week, which shall be notified on the notice boards as
aforesaid.
(2)
All workmen will be paid wages on a working day before the expiry of the
seventh or the tenth day after the last day of the wage period in respect of
which the wages are payable, according as the total number of workmen
employed in the establishment does not or does exceed one thousand.
Stoppage of work:
Subject to the provisions of Industrial Disputes Act, 1947 and Mines Act, 1952 and
Rules made there under:
(1)
(2)
In the event of such stoppage under this standing order during working hours,
the employees affected, shall as soon as practicable, be notified as to when
work will be resumed and whether they are to remain or leave the
undertaking. The period of detention in the undertaking shall not ordinarily
exceed one hour after the commencement of the stoppage. If the period of
detention does not exceed one-hour employees detained shall not be paid for
such period. If the period of detention exceeds one-hour employees so
detained shall be entitled to receive wages (including all allowances) for the
whole of the time during which they are detained in the undertaking as a result
of stoppage.
In case of piece rate workers the average daily earnings for the
previous month shall be taken as the daily wage. No other
compensation will be admissible in case of such stoppage.
13.
14.
(3)
(4)
In case of workmen laid off for short periods on account of failure of plant or
temporary curtailment of production the period of unemployment shall be
treated as compulsory leave either with or without pay as the case may be.
When however workmen have to be laid off for indefinitely long period their
service may be terminated after giving due notices or pay in lieu thereof.
(5)
All
notices
required
to
be
given
under
the
Standing order shall be displayed on notice boards at the timekeepers office,
at the main entrance to the undertaking and at the department concerned.
(6)
(I) the employer may, in the event of strike affecting either wholly or partially
any department or section of department of the undertaking, close down
either wholly or partially such department/section as well as any other
departments or sections affected by such closing down.
(ii)
The fact of such closure shall be notified by notice displayed upon
the notice boards in the departments/sections in the timekeepers
office and at the main entrance to the undertaking.
(iii)
The employee concerned shall prior to the resumption of work be
notified by a general notice, copies of which shall be displayed
upon the notice boards specified in clause (2) as to when work
will be resumed.
Termination of employment:
(1)
(2)
(3)
The following acts and commissions on the part of an employee shall amount to
misconduct: (1)
(2)
(3)
(4)
(5)
(6)
(7)
Late attendance on not less than four occasions within a month or habitual
absence from the appointed place of work.
(8)
Repeated breach of any law applicable to the undertaking or any rules made
thereunder or of standing orders.
(9)
Collection without the permission of the Manager of any money within the
premises of the undertaking except as sanctioned by any law for the time
being in force.
(10)
(11)
(12)
(13)
(14)
Frequent repetition of any omission for which a fine may be imposed under
the payment of wages Act, 1936.
(15)
Canvassing for trade union membership or the collection of union dues within
the premises of the undertaking without the previous permission of the
Manager or except in accordance with any provisions of any law for the time
being in force.
(16)
15.
(17)
Holding meeting inside the premises of the undertaking without the previous
permission of the Manager or except in accordance with the provisions of any
law for the time being in force.
(18)
(19)
(20)
(1)
3
4
5
6
Warned or censured; or
Fined subject to and in accordance with the
Provisions of the payment of wages Act, 1936; or
Suspended by an order in writing, signed by the
Manager for a period not exceeding four days.
Dismissed without notice or compensation in lieu or notice.
(2) No order under clauses No.1 (i) and (ii) of this standing order shall be made
unless the employee concerned has been informed in writing of the alleged
misconduct and given an opportunity to explain the circumstances alleged against
him.
(3) No order of dismissal shall be made except after holding an enquiry against
the employee concerned in respect of the alleged misconduct in the manner set
forth in clause(4).
(4) An employee against whom an enquiry has to be held shall be given a charge
sheet clearly setting forth the circumstances appearing against him and requiring
explanation. He shall be given an opportunity to answer the charge and permitted
to be represented in accordance with the provision of Sec. 56 of the Industrial
Disputes Act, 1947. Except for reasons to be recorded in writing by the officer
holding the enquiry the employee shall be permitted to produce witness in his
defence and cross-examine any witness on whose evidence the charge rests. A
concise summary of the evidence led on either side and employees plea shall be
recorded.
(5) (a) where a disciplinary proceeding against a workman is Contemplated or
is pending or where criminal proceedings against him in respect of any offence
are under investigation or trial and the employer is satisfied that it is necessary or
desirable to place the workman under suspension, he may, by order in writing
suspend him with effect form such date as may be specified in the order. A
statement setting out in detail the reasons for such suspension shall be supplied to
the workman within a week from the date of suspension.
(b)
(i)
Provided that where such enquiry or criminal proceedings is prolonged beyond a period
of one hundred and eighty days for reasons directly attributable to the workman, the
subsistence allowance shall, for the period exceeding one hundred and eighty days, be
reduced to one- fourth of such wages.
(c)
(e)
(f)
(g)
16
COMPLAINTS :
All complaints arising out of employment including these relating to unfair treatment or
wrongful exaction on the part of the employer or his agent shall be
submitted to the manager or other person specified in this behalf with the
right of appeal to the employer.
17.
Every employee other than casual employee who leaves service or retires or dismissed or
discharged shall without avoidable delay be given a service certificate if he
asks for it.
18.
LIABILITY OF MANAGER :
The Manager of the establishment shall personally be held responsible for the proper and
faith observance of the standing orders.
19.
20.
MISCELLANEOUS:
Persons employed under Corporations Rules and Regulations will be governed by these
standing orders or Corporations various Rules and Regulations for the time
being in force, whichever is beneficial to them.
21.
derogation