1661497228_AOM_Notes-Establishment_rules
1661497228_AOM_Notes-Establishment_rules
Index
1. Leave Rules
2. Pass rules
5. DAR rules
6. Retirement Benefits
8. Industrial Relations
Average pay:- Average pay means the average monthly pay earned during the
12 complete months immediately preceding the month in which the event occurs
which necessitates the calculation of average pay.
Overseas pay:- Overseas pay means pay granted to a railway servant in
consideration of the fact that he is serving in a country other than the country of
his domicile.
Personal Pay:- Personal pay means additional pay granted to a Railway
Servant—
a) To save him from a loss in substantive pay in respect of a permanent
post other then a tenure post due to a revision of pay or to any reduction of such
substantive pay other wise than as a disciplinary measure.
Special Pay- Special pay means an addition, of the nature of pay, to the
emoluments of a post or of a Railway servant, granted in consideration
of—
a) the especially arduous nature of duties./
b) A specific addition to the work or responsibility and includes non practicing
allowance granted to doctors in lieu of private practice.
Substantive pay:-Substantive pay means the pay other than special pay,
personal pay or emoluments classed as pay to which a railway servant is entitled
on account of a post to which he has been appointed substantively or by reason
of his substantive position in a cadre.
Stepping Up :- Where a senior employee draws lesser pay than his junior
promoted after him, his p pay may be stepped up to the extent of the pay of his
junior from the date of junior’s promotion.
Next below Rule (NBR):- Literally it means promotion equal at least to the
person next below the employee in a seniority group. Such a promotion is granted
only to an employee who is out of his regular line of promotion.
Date of Increment The date of next increment normally falls after a lapse of 12
months but it is made as July 1st subsequent to implementation of VI th pay
commission.
II ALLOWANCES:-
1. Dearness allowance. 2. House rent Allowance
3.City Compensatory Allowance. 4. Transport allowance
5.Night duty allowance 6.Traveling allowance
7. Consolidated T.A. 8.National holiday allowance
9. Conveyance allowance 10.Over time allowance
11.Night patrolling allowance. 12.Construction and project allowance
13.Mileage allowance. 14. Border allowance.
15. Break down allowance. 16.Officiating allowance
17.Training allowance. 18. Remote locality allowance
19. Bad climate allowance 20.Special compensatory hill area
21. Special compensatory tribal/scheduled/agency area allowance.
22. Out turn allowance. 23. Uniform allowance.
24. Washing allowance. 25.Cycle maintenance allowance.
26. Non-practicing allowance 27. Annual allowance to railway Doctors for
research pursuits. 28. Composite transfer grant.
29.Running allowance.
DEARNESS ALLOWANCE:
It is granted to compensate the high cost of living based on the rise in price
index.. The inflation neutralization may be made uniform @ 100% at all levels.
The All India Consumers Price Index for Industrial workers will continue to be the
basis for calculation. The series with base 2001 will henceforth be used replacing
l982 as the base. Government will continue sanctioning additional DA, if it falls
due, every January and July.
OVER TIME ALLOWANCE: Over time allowance means the payment made to an
employee for work done by him beyond duty hours prescribed statutorily and
includes the payment made under departmental orders for work done by him
beyond or outside normal scheduled working days or working hours. It is paid to
the employees for actual time worked in excess of the maximum hours of
employment laid down.
COMPOSITE TRANSFER GRANT:-
The Railway servant joined Railway prior to 01.05.76, and are entitled to
liberal scale of transportation of personal effects by rail, in terms of Railway
Servant (Pass) rule 1986, will be entitled to composite transfer grant at the rate
of 80% of one month basic pay for Group A, B, C Railway employees and for
group D employees at the rate of 90% of one month basic pay.
For short distance transfers which are within a distance of 20 kms, the
composite transfer at the rate of one third of one month’s basic pay will be
admissible.
KINDS OF LEAVE
c) Commuted leave - When leave on half average pay is converted into half the
period of such leave on average pay on medical ground, such leave is called
Commuted leave. Commutation on medical ground is permitted without any
limit and upto a maximum of 180 days shall be allowed to be commuted
during the entire service where such leave is utilized for an approved course
of study. Leave on half average pay may be commuted to leave on average
pay on medical certificate at the request of an employee even if he has LAP
to his credit. Commuted leave however may not be granted if authority
competent to sanction leave has reasons to believe that railway servant may
not return to duty after expiry of such leave.
e) Casual leave:-Casual leave is 8 days in a year. Those who are not enjoying
Gazetted holidays may get 10 days. Casual leave can be combined with special
casual leave and with no other leave. It can be granted to any extent due at a
time. Sundays, holidays, restricted holidays can be prefixed or suffixed to casual
leave. It can be taken while on tour.
h) Maternity leave:
A female railway employee with less than two surviving children may be granted
maternity leave. It is a full pay leave not debited to any account and granted as
under:
For confinement—180 days from commencement.
Female casual worker – 4 weeks.
Ad-hoc employees, if their employment is likely to continue till they come
back to service, may be granted on the basis of medical certificate.
Maternity leave may be combined with any other kind of leave (any leave
including leave not due) up to a maximum of one year may be granted in
continuation of maternity leave, if applied for without medical certificate.
Women casual labors who have attained temporary status are also granted
this leave.
For miscarriage/abortion—45 day during entire service, irrespective of
number of surviving children
c) Hospital leave: It is granted to all staff excluding group A and B for illness or
injury directly due to risks incurred in course of official duties. It is based on
Railway Doctors’ medical certificate and is sanctioned for such periods as may be
considered necessary. For first 120 days leave salary will be as on LAP and for
remaining period as on LHAP. It may be combined with any other kind of leave
due provided that total period does not exceed 28 months.
d) Special disability leave: A Non-debitable leave up to 24 months (in one or
more spells) may be granted to an employee who had been injured by an injury
caused intentionally by some one or has arisen due to performance of his duties.
The injury must manifest itself within 3 months of its occurrence. A medical
certificate is necessary. It can be combined with other kinds of leave. In case
those covered by WC act, leave salary be reduced to the extent of compensation
payable. It counts for pension. It is not debited to leave account.
f) Study leave: Study leave for higher studies in subjects having direct bearing
on one’s sphere of studies, upto 12 months at a time and 24 months in entire
career, not debitable to his account may be sanctioned on his filling Requisite
Bonds. Total absence on study leave and other leave should not exceed 28 months
at a stretch. Leave salary for study outside India will be pay last drawn plus DA,
HRA and study allowance. For course in India it will be pay last drawn plus DA and
HRA. Any stipend scholarship received should be adjusted against. One who does
not resume after study leave, or having resumed quits service within 3 years or
does not complete/pass the necessary course, will have to refund the cost incurred
by government.
1. DUTY PASS:- This pass is issued to the railway employees in order to facilitate
the performance of duty and is generally issued when an employee has to travel
from one station to another either to carry out his transfer or in connection with
some other official works.
2. WIDOW PASS:- This pass is issued to the widow to the railway employees,
who were in railways service on or after 12-03-1987 and expired on or after that
date whether after their retirement or during service and had opted for the scheme
or were automatically governed under the schemes.
3. RESIDENTIAL CARD PASS:- This pass is issued to a railway servant for
performing Rail journey from the place of residence to the place of his work.
4. SPECIAL PASS:- This pass is issued to Railway servants, family members or
dependent relatives as the case may be on –
a) Medical grounds.
b) Sports accounts.
c) For attending children camp or scouts camp
d) Cultural functions
e) On any other occasion which the ministry of railway or a railway
administration deems fit.
5. POST RETIREMENT COMPLEMENTARY PASS:
This pass is issued to a railway servant after retirement or after he ceases to be a
railway servant.
Gazetted officer 20 to 25 yr service 2 sets per year.
Gazetted officer over 25 yr of service 3 sets per year.
Group C staff 20 to 25 years service. 1 set per year.
Group C over 25 year service 2 sets per year
Group D over 20 year service (self & wife only) 1 set per year.
Note: Two sets of PTO are reduced for availing the benefit of widow passes.
C. BREAK JOURNEY:- pass holder can include any number of stations for break
journey in the pass. As unscheduled break journey can be made and endorsed by
SM/TC on the pass.
SENIORITY:
In selection posts, the merit position in the panel will determine seniority.
In suitability posts original seniority of lower post will be maintained among
promotees.
Those who refuse promotion may lose seniority.
4. Seniority on transfer:
VI -PROMOTION
AD-HOC PROMOTIONS:
In purely short term vacancies in excess of 45 days ad-hoc promotions may be
ordered. Where ad-hoc promotions are found inescapable, these may be ordered
only for a short duration upto 4 months.
PROFORMA PROMOTIONS
An officer out on deputation or training and whose turn for promotion has come
in his own cadre may, by a special order, be allowed a proforma promotion and
granted the pay provided the officer is other wise fit for promotion and the vacancy
exceeds 90 days.
1. Every Railway servant shall all times maintain absolute integrity, devotion to
duty & do nothing, which is unbecoming of a Railway servant.
He shall not misuse his power in the judgment of the case unless is instructed by
his superiors. The oral instructions of the superior must be confirmed later in
writing.
2. No Railway servant shall in the performance of his official duties, act in a
discourteous manner, in his official dealings with the public or otherwise adopt
dilatory tactics or wilfully cause delays in disposal of the work assigned to him.
3. Act in accordance with Gov. policies regarding age of marriage preservation of
environment, protection of wildlife and cultural heritage, prevention of crime
against women.
4. No railway servants shall indulge in any act of sexual harassment of any woman
at her work place. The in charge of a work place shall take appropriate steps to
prevent sexual harassment to any woman at such work place.
5. No Railway servant will use his position or influence to secure employment for
any member of his family.
6. No railway servant shall be a member / office bearer of a political party. He will
not take part in any manner in any political activity or movement.
7. No railway servant shall associate himself with any organization, the objects or
activities of which are prejudicial to the sovereignty and integrity of India.
8. No railway servant shall except with the previous sanction of the Government,
won wholly or in part, or conduct or participate in the editing of management of
any newspaper or other periodical publication or electronic media.
9. No Railway servant shall criticize the policy or any action of government.
10. No Railway servant shall give evidence in connection with, any enquiry
conducted by any person, committee or authority unless having sanction of
Government. But he can communicate and give information in accordance with
Right to Information Act 2005.
11. No railway servant shall communicate any official document or information to
any un-authorized person.
12. No railway servant shall acquire moveable/immoveable property beyond one’s
known means.
i. On his first appointment submit a return of his assets and liabilities, giving
full particulars regarding—
a. Immovable property inherited owned/acquired or lease/mortgage by him
or his family
b. Shares, debentures and cash including bank deposits inherited by him or
owned, acquired, or held by him;
c. Other movable property inherited by him or owned, acquired or held by
him
d. debts and other liabilities incurred by him directly or indirectly.
ii. The above rule shall not ordinarily apply to Group ‘D’ railway servants,
but the Government may, in appropriate cases, direct any of such railway servants
or any class of such railway servants.
iii. In every return, values of items of movable property worth less than Rs.
10,000 may be shown as a lump sum. The values of articles of daily use such as
clothing, utensils, crockery, books and the like, need not be included in such
return.
iv. Where a railway servant already belonging to a service or holding a Post
is appointed to any other government or Railway service or post, he shall not be
required to submit a fresh return under this clause.
v. Every railway servant included in Group A or Group B shall submit an
annual return prescribed by the Government in this regard giving full particulars
regarding the immovable property the inherited by him or owned or acquired by
him or held by him on lease or mortgage either in his own name or in the name
of any member of his family or in the name of any other person.
vi. No railway servant shall, except with the previous knowledge of the
Government acquire or dispose of any immovable property by lease, mortgage,
purchase, sale, gift or otherwise either in his own name or in the name of any
member of his family:
vii. Provided that previous sanction of the Government shall be obtained by
the Railway servant if any such transaction is with a person having official dealings
with him.
viii. Where a railway servant enters into a transaction in respect of movable
property, he shall, within one month, report the same to the Government, if the
value of such property exceeds twenty thousand rupees in the case of a railway
servant holding any Group A or B post or a Temporary Gazetted Officer or fifteen
thousand rupees in the case of a railway servant holding any Group C or Group
D post:
ix. Provided that previous sanction of the Government shall be obtained by
the Railway servant if any such transaction is with a person having official dealings
with him.
x. Purchase of items of movable property for giving presents at the time of
marriage will be regulated by rule like any other transactions in movable property
xi. The powers of the Government exercised by—
General Manager and the Chairman, Railway Rates Tribunal, in respect of both
gazetted and non-gazetted officers and Senior Deputy General Managers on
Zonal Railways in respect of gazetted officers below the Senior Administrative
Grade and non-gazetted officers.
xii. The Government, at any time by general or special order, require a
railway servant to furnish, within a specified period, a full and complete statement
of such movable or immovable property held or acquired by him or on his behalf
or by any member of his family. Such statement shall, include the details of the
means by which, or the source from which, such property was acquired.
xiii. Government may exempt any category of railway servants belonging
to Group ‘C’ or Group ‘D’ from any of the provisions.
xiv. ‘movable property’ includes—
(a) Jewellery, insurance policies the annual premium of which exceeds Rs.
10,000/- or one-sixth of the total annual emoluments received from
Government, whichever is less, shares, securities and
debentures;
(b) All loans, whether secured or not, advanced or taken by Govt servant.
(c) Motor cars, motor cycles, horses, or any other means of conveyance;
and
(d) Refrigerators, radios, radiograms and television sets.
xv. “Lease” means, except where it is obtained from, or granted to, a person
having official dealings with the railway servant, a case of immovable property
from year to year or for any term exceeding one year or reserving a yearly rent.
13. No Railway servant shall give or take or demand dowry.
14. No. Railway servant shall engage in any trade or business or undertake any
other employment.
15. No Railway servant shall speculate in any stock, share or other investments.
16. Railway servant shall so manage his private affairs so as to avoid habitual
Indebtedness or insolvency
17. No Railway servant shall accept gift or lavish or frequent hospitality from any
Individuals, firms etc., having official dealings.
i. “gift’ shall include free transport, boarding, lodging or other service or
any other pecuniary advantage provided by any person other than a near relative
or personal friend having no official dealings with the govt. servant.
ii. A casual meal, lift or other social hospitality shall not be deemed to be a
gift.
iii. A Railway servant shall avoid accepting lavish hospitality or frequent
hospitality from any individual, industrial or commercial firms, organizations, etc.
having official dealings with him.
iv. On occasions such as weddings, anniversaries, funerals or religious
functions, when the making of gift is in conformity with the prevailing religious
and social practice, a Railway Servant may accept gifts from his near relatives or
from his personal friends having no official dealings with him, but shall make a
report to the Government, if the value of such gift exceeds –
a. Rs 7,000 in the case of a Railway servant holding any group ‘A’ post;
b. Rs 4,000 in the case of a Railway servant holding any Group ‘B’ post;
c. Rs 2,000 in the case of a Railway servant holding any Group ‘C’ post; and
d. Rs 1,000 in the case of a Railway servant holding any Group ‘D’ post.
v. In any other case, a Railway servant shall not accept any gift without the
sanction of the Government if the value exceeds –
a. rupees one thousand and five hundred in the case of Railway servants
holding any Group ‘A’ or Group ‘B’ post; and
b. rupees five hundred in the case of Railway Servants holding any Group
‘C’ or Group ‘D’ post.
vi. Railway Servant , being a member of the Indian delegation or otherwise, may
receive and retain gifts from foreign dignitaries if the market value of gifts
received on one occasion does not exceed rupees one thousand . In all other
cases, the acceptance and retention of such gifts shall be regulated by the
instructions issued by the Government in this regard from time to time.
vii. A Railway Servant shall not accept any gifts from any foreign firm which is
either contracting with the Government of India or is one with which the Railway
servant had, has or is likely to have official dealings. Acceptance of gifts by a
Railway servant from any other firm.
18. No Railway servant shall appear in a public place in a state of
intoxication not consume any intoxicating drink or drug while on duty. He shall
strictly abide by the law relating to intoxicating drinks or drug in force in any area.
19. No railway servant shall practice un-touch ability in any form or manner.
20. No Railway servant shall contract bigamous marriage.
21. No railway servant shall bring any political influence or other influence
in respect of his service matters.
22. No railway servant shall stay as guest with foreign diplomats or foreign
nationals nor shall invite them to stay with him as his guests in India.
Constitutional Provisions
Article 310 states that the central Govt employees are working under the
President.
Article 311(1), no civil servant shall be removed or dismissed from service by an
authority subordinate to the authority who appointed him.
Article 311(2), no civil servant shall be removed or dismissed from service or
reduced in rank without an inquiry in which he is informed of the charges against
him is given a reasonable opportunity to be heard about those charges.
SUSPENSION :
Suspension is not a penalty. An authority who is not competent to place an
employee under suspension may suspend him, but immediately report to the
competent authority who will confirm the order. The suspension continues till the
order of suspension is modified or revoked by the competent authority that placed
the employee under suspension, or by the higher authority.
Subsistence Allowance is granted to employee under suspension, equal to leave
salary on half average pay and allowance admissible on such pay. Deduction of
PF, courts attachment and fines cannot be recovered. House rent, water charges,
diet charges, electric charges, re-payment of advance, station debits, income tax
etc will be recovered. Recoveries other than these such as co-operative society’s
dues, institutes fee, LIC premium, school fee etc. may be made on written request
of employee. The amount of subsistence allowance may be increased up to 50%
after 3 months, if in opinion of the authority, the period of suspension has been
prolonged for reasons not directly attributable to the railway employee. The
amount may even be reduced up to 50% of subsistence allowance after 3 months,
if in opinion of the authority, the period of suspension has been prolonged for
reasons directly attributable to the Railway employee.
EFFECTS OF SUSPENSION:
The suspended employee remains a Government employee for all practical
Purposes. Various service conditions remain applicable to him.
The last place of duty will continue to be his head quarter. The request for
a change in Headquarters may be granted.
An employee under suspension cannot be promoted. But he will be called
for selection. His result will be kept in sealed cover and a provisional panel
will be published. He will be considered for promotion after finalization of
the disciplinary proceedings.
Forwarding of application for deputation, assignment foreign training are
not permitted.
Resignation will be accepted normally.
The right of voluntary retirement is not freely available.
No leave will be sanctioned.
Traveling allowance may be allowed if inquiry is held at an outstation.
PENALTIES:
The following penalties under DAR, for good and sufficient reasons, ,may be
imposed on a
Railway servant.
A. MINOR PENALTIES:
Censure.
Withholding of promotion for a specific period.
Recovery from pay of the whole or apart of any pecuniary loss caused to
the Railway Administration by his negligence.
Withholding of passes or PTO or Both.
Reduction to lower stage in time scale for not more than 3 years without
cumulative effect & not affecting adversely his retirement dues.
Withholding of increments (with or without cumulative effect.)
B. MAJOR PENALTIES
Reduction to a lower stage in the time scale of pay for a specified period,
with further directions as to whether on the expiry of such period,. The
reduction will or will not have the effect of postponing the future
increments of his pay.
Reduction to a lower time scale , grade, post or service with or without
further directions regarding conditions of restoration to the grade or post
or
service from which the Railway servant was reduced and his seniority and
pay on such restoration to that grade, post or service.
Compulsory retirement.
Removal
Dismissal.
These are Not Penalties
With holding of increment for failure to pass the departmental examination.
Stoppage at Efficiency Bar for failure to cross it.
Non promotion when eligible & considered but not found suitable
Reversion to lower post, grade or service when considered unsuitable
after promotion.
Reversion at the end of promotion as per rules of probation.
Replacement when service borrowed from another department.
Compulsory retirement as per rules.
Termination after probation or other conditions when made as per service
agreement.
Discharge for in-efficiency for failure to pass standards of physical fitness
or reduction of employment.
for service on him, it shall on the written statement of two persons to the effect
that this refusal was witnessed by them or on an advice from the post office to
the effect that the addressee refused delivery of the registered postal cover, be
deemed to have been served on him.
-sheet the delinquent employee may request
the disciplinary authority for permission to inspect and take extract from the
documents mentioned in the list accompanying the charge-sheet and also the
additional documents which are relevant to the charges framed against him but
have not been relied upon by disciplinary authority. Then after getting permission
of the disciplinary authority, delinquent employee will inspect and take extract
from document.
representation if any , made by the delinquent servant and also the record of
enquiry if any and
shall determine the particular minor penalty, that should be imposed on the
delinquent employee. If the penalty determined by such authority is the one when
it cannot be imposed on the railway servant concerned, it shall pass on the papers
for orders to such authority which is competent to do so.
concerned on prescribed for, signed by the authority imposing the penalty, over
its own designation. Brief reasons for holding the employee guilty should also be
communicated to him. In cases where it is decided by the disciplinary authority
not to take any further action such decision should also invariably communicated
to delinquent railway servant within two months of the date, the decision is taken,
so that the railway servant is not kept in suspense.
In case the delinquent railway servant does not submitted his written
statement of defence within the prescribed time without genuine and sufficient
cause, the disciplinary authority may consider the case and pass the necessary
orders imposing the penalty, as deemed fit.
documents, when relevant should be allowed. Perusal and extracting from the list
of document relied upon should be permitted.
called for, fix calendar for inquiry and sort out other preliminary matters.
inquiry
report & send along with records of case and records of inquiry to the Disciplinary
Authority.
copy of the inquiry reports should invariably be given to the charged employee
and his defence should be considered before any further action is taken.
Appeal:
REVISION
revising authority should not be below the rank of JA grade officer. The
appellate authority may become the revising authority if no appeal was made.
X - RETIREMENT BENEFITS
Retirement Benefits: Benefits to all staff on death/retirement as follow:
death/disablement
ssistance.
Retirement Gratuity:
In case of retirement, when the employee has rendered minimum of qualifying
service of five years it is paid @ ¼ months pay per each completed half year of
the service subject to a maximum of 16-1/2 months pay or Rs.10lacs, whichever
is less.
Service Gratuity: For service less than 10 years no pension is paid. Only service
gratuity at the rate of one month’s emoluments for each completed year of service
shall be paid and no reduction will be made whether retirement is on personal
grounds or medical grounds.
XI - Pension
1. A Railway servant retiring in accordance with the provisions of the
pension rules
before completing qualifying service of ten years shall not be entitled to pension
but he shall continue to be entitled to service gratuity.
2. Linkage of full pension with 33 years of qualifying service shall be
dispensed
with. Once a railway servant has rendered the minimum qualifying service of
twenty years, pension shall be paid at 50% of the emoluments or average
emoluments whichever is more beneficial to the railway servant.
3. In cases where railway servant becomes entitled to pension on
completion of 10 years of qualifying service in accordance with rule 69[2] of the
pension rules, pension in those cases shall also be paid at 50% of the emoluments
or average emoluments whichever is more beneficial to the railway servant.
4. The revised provisions for calculation of pension in Para 2 and Para 3
above shall come into force with effect from 2nd September, 2008 and shall be
applicable to railway servants retiring on or after that date. The railway servants
who have retired on or after 1.1.2006 but before 2nd September, 2008 will
continue to be governed by the rules/orders which were in force immediately
before coming into effect of these orders.
5. The amount of pension shall be subject to a minimum of Rs.3500/- and
maximum up to 50% of highest pay in the government [The highest pay in the
Govt. is Rs.90,000 since 1.1.2006].
6.the provisions of clauses [a] to [c] of sub rule[2] of rule 69 of the pension
rules shall stand modified to the extent mentioned in Para 1 to pat 5 above. The
other provisions contained in rule 69 shall continue to apply.
7.The quantum of pension available to the old pensioners shall be increased
as follows.
The pension sanctioning authorities should ensure that the date of birth and age
of a pensioner is invariably indicated in the pension payment order to facilitate
payment of additional pension by the pension disbursing authority as soon as it
becomes due. The amount of additional pension will be shown distinctly n the
pension payment order. For example, in case where a pensioner is more than 80
years of age and his pension is Rs.10,000 p.m. the pension will be shown as
(i) Basic pension = 10,000 and additional pension = Rs.2,000 p.m. The pension
on his attaining the age of 85 years will be shown
as (i) Basic pension = 10,000 and (ii) additional pension = 3,000 p.m.
Commutation of Pension:
1. A Government servant shall continue to be entitled to commute for a
lump sum payment up to 40% of his pension.
2. The revised table of commutation value for pension will be used for all
commutation of pension which becomes absolute after 02.09.2008. In case of
those pensioners, in whose case commutation of pension became absolute on or
after 01.01.2006 but before 02.09.2008, the pre-revised table of commutation
value for pension will be used for payment of commutation of pension based on
pre-revised pay / pension.
Value of Commutation = Commutation Value (X) 12 (X) amount of pension.
After 15 years of retirement or from the date of commuting pension, which ever
is earlier, the employee will start getting full pension again.
XV - Voluntary retirement:
Voluntary retirement is permissible if only one has put in a minimum of 20 years
of qualifying service, by giving three months notice. The employee will be eligible
for full pension. Linkage of full pension with 33 years of qualifying service is
dispensed w.e.f. 02.09.2008
a. Important Provisions:
i) Wages shall be paid on working day.
ii) Wages shall be paid in current coins or currency notes and not in
kind.
iii) Wages shall be paid within 7 and 10 days of the expiry of wages
period where less than 1000 and more than 1000 or 1000 persons
are working respectively.
iv) When the employment is terminated, wages shall be paid before the
expiry of the 2nd day after termination.
v) Wages do not include traveling allowance or concession value of
house accommodation or any contribution paid to any pension and
PF or gratuity payable on the termination of employment.
b. Deductions:
No Unauthorized deductions shall be made. The following are the authorized
deductions:
i) Fines for acts and omissions as notified, after a show cause.
ii) Deduction on account of absence from duty.
iii) For damage to or loss of goods expressly entrusted to the employed person
for custody or for loss of cash through or default.
iv) Deduction for amenities or services supplied by employer.
v) Deduction for housing accommodation provided.
vi) Deduction for recovery of advances and adjustment of over payment of
wages.
vii) Deductions of income tax.
viii) Deduction required by the order of court.
ix) Subscription for PF & repayment of PF advance.
x) Payment of co-operative stores and credit societies.
xi) Recovery in respect of theft or loss of cash for which the employee is
responsible.
xii) Contribution to LIC and Insurance scheme framed by Government.
xiii) Contributions to National Defence Fund, Prime Minister’s Relief Fund, etc.
xiv) Incorrect rebates or refunds.
xv) Use of Railway clubs, institutes-supply of water, electricity, conservancy,
Hospital diet charges etc.
xvi) Land licensing fee for grow more food.
xvii) Any welfare fund set up by the employer.
xviii) Any other deduction with the written authority of the employee.
c) Extent of Deduction:
The deductions shall not exceed 75% of wages where payment towards co-
operative societies is to be made and shall not exceed 50% of wages in other
cases.
This Act aims at securing minimum rates of wages in those categories where
wages are low in order to prevent exploitation of unorganized labor. It lays down
the procedure for regulating the hours of works and the payment of wages,
including the overtime, so as to ensure prompt payment and specifies the
deduction that can be made from the wages of the workers. So far as Railway
Administration is concerned, the minimum wages act applies to casual workmen
in employment:-
a) On the construction or maintenance of roads or in building operations; and
b) In stone breaking or stone crushing.
c) In other goods godowns, stone houses for loading and unloading operations.
Important Features:
By a recent change in the Act following important features have been added:
1. The term ‘Workmen’ is replaced by ‘Employee’.
2. the amount of compensation will now be related to a ”relevant factor”. What is
a relevant factor has been given in Schedule IV.
3. Amount spent on medical treatment shall not be deemed as a payment or
allowance received by worker;
4. All the employees are covered under this act except Group B and Group A
officers. A new and more comprehensive Schedule III of “occupational diseases”
has been given.
Wage Limit: Where the monthly wages of workman exceed Rs.8, 000, then his
monthly wages for the purpose of calculation of compensation shall be deemed to
be Rs.8,000 only.
XX - INDUSTRIAL RELATIONS
Trade Union Act, 1926
1. Objective: The Act provides for registration of trade unions. It clarifies privileges
of registered trade unions and Rules etc.
2. Registration of Unions: Seven persons can together apply for the registration
of the union.
3. Provisions in the Rules of a trade Union: A trade union should frame its Rules
before registration. They should include Name, Objective, Purpose on which
funds are to be spent, list of members, facilities for inspection of this list by
members, subscription, conditions in which members get or forfeit benefits,
Executive committee, Safe custody of funds, Dissolution, subscription should not
be more than Rs 1 per month per member. Outsiders should not be more than
50% on the executive.
4. Privileges of trade unions.: A registered trade union is a corporate body. It can
sue or can be sued. It can purchase property. It can be sued for breach of
agreement but it has protection in trade disputes and cannot be prosecuted. In
certain cases it has immunity from civil suits.
5. Annual returns: A trade union is required to file an annual return including its
receipts and payments, list of office bearers, modification in rules etc.
6. Facilities to trade unions: Recognition by management representation in various
committees, representation on labour conference, facilities of land, office,
telephone, notice board, collection of subscriptions, meetings, etc.
Objectives:-
1. Humanization of the work place.
2. Promotion of the productivity.
3. Improvement of quality.
4. Reduction of costs.
5. Elimination of accidents.
6. Frictionless operation.
7. Job satisfaction
8. Better performance.
There should be 4 meeting in year (i.e. once in 3 months). Five recognized trade
unions participate in PREM meeting. They are
1. Railway Officers Association
2. Railway Promotee Officers Association
3. RPF association
4. NIRF (Board level) SCRES (South Central Rly Employees Sangh)
5. AIRF (Board level) SCRMU (South Central Rly Mazdoor Union)
4 members each from recognized trade unions, 2 members each from all India
Officiers federation and Indian Rly Promotee officers association will attend the
meeting. From official side GM, all HODs will attend the meeting. GM will act as
chairman and DGM will act as secretary. (AGM/PHODs are co ordinators for
conduct the PREM meeting)
Leaders from the recognized trade unions nominated by the unions will participate
in the meeting along with the divisional secretary and Divisional President of the
trade unions.
From official side DRM will act as chairman and Sr.DPO/DPO as Secretary and all
other divisional officers will attend the meeting.
Facilities to PREM members
1. Railway phone with STD facility
2. Photo copying machine (Xerox machine)
3. Electronic type writer.
4. Secretarial assistance
5. Accommodation for the office
6. Special CL, Passes for attending meeting.
On Railway the trade unions are participating in the following fields
1. PREM
2. SBF (Staff Benefit Fund)
3. Quarters Committees (for fixing priorities)
4. Colony Committee (Railway colonies)
5. Joint councils and staff councils at workshop
6. FNM (Fortnight meeting at divisional level for payment item meetings)
7. Surrender of posts (Surplus staff)
8. Joint meetings (Both organization)
9. Canteen management committee
10. Hospital Committee
11. JCM,PNM
12. Railway safety committee
13. Cleanliness committee (Rly hospital/colonies)
14. Labour advisory committee for programmes of staff amenities.
WORK STUDY
Work study is a term used to embrace the techniques of method study and work
measurement, which are employed to ensure the best possible use of human and
material resources in carrying out a specific activity.
Work study is basically concerned with productivity since it is used to increase
the amount produced from a given quantity of resources without further capital
investment except, perhaps on a very small scale.
Method study and work measurement are the two techniques applied in work
study. MS and WM are therefore, closely linked. MS is concerned with the
reduction of work content of the operation. WM is concerned with the investigation
and reduction of ineffective time and subsequent establishment of time standards
for operation on the basis of work content as established by the MS.
a) SELECT:- The factors are to be kept in view before selecting a job for study; i)
Economic factor ii) Technical factor iii) Human reaction.
b) RECORD:- After a job has been selected for the study, the important step is to
record all the facts related to the existing method The whole procedure depends
on the accuracy with which the facts are recorded because it provides the basis
for critical examination and development of the method. It is therefore the record
must be clear and concise. “Record the facts as they are and not as they appear
to be or said to be”. RECORDING TECHNIQUES: a) Charts b) Diagrams c)
Models d) Motion and film analysis.
d) DEVELOP:- Once a new method has been proposed after critical examination,
prepare the same on a flow process chart so that it can be compared with the
existing method. It is essential in order to show that the improvements are factual
and it is important. Therefore that all the activities are portrayed in the same
scale and at the same level.
f) MAINTAIN:- Once the new method has been installed, it should be maintained
in its specified form and the workers should not be allowed slip back in to the old
method or introduce elements not allowed for unless there is very good reason
for doing so.
On 14th September, 1949 Hindi Was accepted as Official Language of the Union
by the Constitutional Assembly to include in the Constitution of India which was
promulgated on 26 th January, 1950. We celebrate Hindi Day (Hindi Divas) on 14
th September, every year. Provisions regarding Official Language are contained in
Article 120 (1), 210(1) and 343 to 351 of the constitution.
Article 343(3) - Parliament may by law provide for the use of the English language
after 14-15 years for such purposes as may be specified in the law.
Article 344 - The president shall constitute a commission after five years from the
commencement of the constitution and thereafter ten years from
such commencement. The duty of the commission shall be to make
recommendations to the president as to:
(a) The progressive use of the Hindi Language for the Official purposes of the
Union.
(b) Restrictions on the use of English Language for all or any of the Official
purposes of the Union.
(c) The official language for communication between Union and State or between
One State and another.
Article 345 - The Legislature of States by law can adopt one or more languages as
Official Language or Languages of the State.
Article 346 - Official Language for communication between one state & the Union.
Article 348 - deals with languages to be used in the Supreme Court and in the
High Courts and Acts, bills etc. The authoritative of bills Act, ordinances,
orders regulations and bye-laws issued under the constitution shall be
in English language.
Article 351 - deals with Directive for development of Hindi language to promote
the spread of the Hindi language to develop it so that it may serve as a
medium of expression for the composite culture of India to secure its
enrichment by assimilating without interfering with its the genius forms,
style and expressions used in Hindustani and in the other languages
of India.
(VIII)Eight Schedule Languages
Section 3 (1) deals with the continuation of English language in addition to Hindi
for Official purposes of the union and for use in parliament.
Section 3(2) deal with the provision of Hindi or English language used for the
purpose of communication between Ministry or Department or Office of Central
Government and any corporation or company owned or controlled by Central Govt.
Translation of such communication in Hindi or English shall be provided till such
date as the staff concerned, Ministry, Department, Office or Corporation or
Company have acquired working knowledge of Hindi.
Section 3(3) deals with the provision of both Hindi & English languages shall be
used for Resolutions, General Orders, Rules, Notifications, Administrative or other
reports or press communique, Contracts and agreements executed and licences,
permits, notices and forms of tender issued by the offices.
Section 3 states that the Central Government may by notification in the official
gazette make rules for carrying cut the purpose of this Act.
Rule 1 deals with the title and Rule 2 regarding the definitions of words
such as Act "Employee", Notified office, Proficiency etc., used in the rules.
3. Communications to states etc., other than Central Government offices.
Communications from Central Government Offices to states and Union territories
in A&B region be normally in Hindi. For states, Union territories in the region "C"
shall be in English (Office includes individual also).
6. Use of both Hindi and English for all documents referred in Section 3(3) of 1963
Act and it shall be responsibility of the persons signing such documents to ensure
that such documents are made executed or issued both in Hindi and in English.
10. Working knowledge of Hindi- Matric with Hindi as one of the subject i.e.., Ist
language or pragya pass or declaring himself having working knowledge in Hindi.
11. All Manuals, codes, other procedural literature Article of Stationary, Forms &
Headings of registers, all name plates, sign boards letter heads and other items
of Stationery written, printed or inscribed for use shall be in Hindi & English.
Awards to be given:-
1.Two first prizes : Rs.1600/-each
2.Three Second prizes : Rs.800/-each
3.Five third prizes : Rs.600/-each
Note:- Under this scheme minimum 10 participants should be there from any
Unit/Section/Office.
Cash award scheme for writing story, Novel and poetry in Hindi:
TRAINING:
Lumpsum award:
Cash Award:
Having Secured Prabodh Praven Pragya
70% Or More marks 1600/- 1800/- 2400/-
60% Or More marks 800/- 1200/- 1600/-
55% Or More marks 400/ - 600/- 800/-
in addition personal pay equal in amount to one increment for 12 months.
Typewriting:-
In addition personal pay equal in amount to one increment for 12 months.
Stenography:-
In addition, Stenographers whose mother tongue is not Hindi are given personal
pay equal in amount to two increments for the first 12 months and one for the
next 12 months on passing Hindi Stenography examination.