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NATIONAL BANK FOR AGRICULTUREAND RURAL DEVELOPMENT
(STAFF) RULES, 1982
(AS AMENDED UPTO 23 JUNE 2004)
NATIONAL BANK FOR AGRICULTURE ANDRURAL DEVELOPMENT (STAFF) RULES, 1982
NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENTPERSONNEL POLICY DIVISION
HEAD OFFICEMUMBAI
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TABLE OF CONTENTS
CHAPTER I - PRELIMINARY
RuleNo. Subject Page No.
1. Short title and commencement 1
2. Applicability 1
3. Definitions 1
4. Board's power to change Rules 4
5. Chairman's power to delegate 5
5 A. Managing Director's Power to delegate 5
5 B. Delegation of Managing Director's powers when the ManagingDirector's post is vacant
5
6. Power to interpret and implement Rules 5
CHAPTER II - APPOINTMENTS, PROBATION AND
TERMINATION OF SERVICE_______________________________________________
Part I - Appointments
7. Classification of staff 6
8. Setting up of services and recruitment and promotion policy 6
9. Authorities empowered to appoint 6
10. Appointments to be made in minimum pay of grade 7
11. Re-employment in the National Bank's Service 7
12. Commencement of service 7
Part II - Probation
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13. Direct Recruit officers 8
14. Other employees 8
15. Competent Authority's power to extend probationary period 8
16. Discharge during probation 8
17. Temporary/deputation/contract service in lieu of probation 9
Part III - Termination of Service
18. Determination of service by notice 9
19. Superannuation and retirement 10
CHAPTER III - RECORD OF SERVICE, SENIORITY,PROMOTION AND REVERSION
__________________________________________
20. Record of service 13
21. Confirmation 13
22. Seniority 13
23. Promotion 15
24. Reversion 15
CHAPTER IV - CONDUCT, DISCIPLINE ANDAPPEALS
Part I - Conduct and Discipline___________________________________________________
25. Scope of an employee's service 16
25 A. Duties of an officer in times of need 16
26. Liability to abide by the Rules and orders 16
27. Obligation to maintain secrecy 16
28. Employee to promote the National Bank's interests 16
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29. Prohibition against participation in politics and contestingelections
16
30. Prohibition against joining certain Associations, strikes etc. 17
31. Prohibition against influencing 1732. Canvassing 17
33. Contribution to press, radio, television etc. 17
34. Prohibition against disparaging statement 17
35. Employees not to seek outside employment or office 18
36. Officers not to seek commercial employment after cessation of
service without prior permission
18
37. Part-time work for outside bodies 19
38. Employees not to absent from duty without permission or belate in attendance
19
39. Absence from station 20
40. Acceptance of gifts 20
41. Private trading 20
42. Speculating in stocks, shares etc. and restrictions oninvestments
20
43. Restrictions on borrowing 20
44. Employees in debt 20
45. Restrictions on consumption of intoxicating drinks etc. 21
46. Employees arrested for debt or on criminal charge 21
47. Penalties 22
Part II - Appeals
48. Right to appeal 26
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49. Appellate authorities 26
50. Conditions which an appeal should satisfy 26
51. When appeals may be withheld 26
52. Grounds for withholding the appeal to be communicated to theappellant
27
53. Appeal must be forwarded to the Appellate Authority with duedespatch
27
53(A) Time limit for disposal of Appeals 27
54. No appeal lies against order withholding appeal 27
55. Appeals not to be addressed to the Directors of the Board 27
56. Appeal not to be addressed to outside authority or person 27
57. Joint petitions 27
CHAPTER V - PAY, ALLOWANCES AND OTHERBENEFITS
Part I - Pay and Allowances
58. When accrue and payable 29
59. When ceases 29
60. All employees to be graded 29
61. Adjustment of pay and allowances on change of charge-whentakes effect
29
62. Two persons not to be appointed to a post at the same time 29
63. Employees on transfer 29
64. Admissibility of allowances 30
65. Overtime allowances 30
66. Increments 30
67. Premature increments 31
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68. Refixation of pay - on appointment, on probation,- on confirmation
31
69. Officiating pay 31
70. Admissibility of pay and allowances 32
Part II - Other Benefits
71. Grant of honoraria, special pay, special increments or otherbenefits
33
72. Travelling and Halting Allowances 33
73. Leave and Retirement Travel Concession 33
74. Domicile 33
75. Medical facilities 33
CHAPTER VI - LEAVE AND JOINING TIMEPart I - General Rules relating to leave
76. Kinds of leave 34
77. Authorities empowered to grant leave 34
78. Power to refuse leave or recall an employee on leave 34
79. Lapse of leave on cessation of service 34
80. Earlier return from leave 34
81. Commencement of termination of leave 34
82. Obligation to furnish leave address 35
83. Station to which an employee should report on return 35
84. When medical certificate of fitness may be demanded 35
85. Leave not admissible to an employee under suspension 35
Part II - Casual, Special casual, Ordinary, Sick, Special,
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Extra-ordinary, Maternity and Accident Leave____________________________________________
86. Casual Leave 35
87. Special casual leave 3588. Ordinary leave-when applications should be submitted 36
89. Scale on which ordinary leave is earned 37
90. Ordinary leave due 37
91. Limits upto which ordinary leave may be earned or taken 37
92. Pay during ordinary leave 37
93. Sick and special leave-limit upto which may be granted 37
94. When grant requires sanction of a higher authority 38
95. Pay during sick and special leave 38
96. Extra-ordinary leave 38
97. Maternity leave 39
98. Accident leave 39
Part III - Joining Time
99. When may be granted 40
100. Pay and allowances during joining time 40
101. Period for which admissible 40
102. How calculated 40
103. Special casual leave in lieu of joining time 40
104. Overstayal after joining time 41
CHAPTER VII - FOREIGN SERVICE
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105. Deputation of employees to join military service 42
106. Deputation of employees to other services 42
CHAPTER VIII - MISCELLANEOUS
107. Obligation to subscribe to the Provident Fund 43
108. Obligation to subscribe to insurance scheme or fund institutedby the National Bank
43
109. Declaration to be signed by the employees 43
Form 'A' - Declaration of fidelity and secrecy 44
Form 'B' - Declaration of domicile 45
Form 'C' - Declaration to be bound by Staff Rules 46
APPENDICESAPPENDIX - I
Services Page No.
I Rural Development Banking Service 48
II Economic Service 54
III Technical Service 58
IV Legal Service 61
V Secretarial Service 64
VI Rajbhasha Service 65
VII Protocol and Security Service 69
VIII Clerical Service 71
IX Typists' and Stenographers' Service 72
X Caretaking Service 73
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XI Subordinate Service 74
XII Miscellaneous Service 78APPENDIX - IA
Part I -Norms for promotions to Grades 'B' and 'C' in Group 'A' 79
Part II - Norms for promotions to Grades 'D', 'E' and 'F' in Group 'A' 80
APPENDIX - IIAdvance Increments, Special Pay, Honorarium
and Compensatory Allowances______________________________________
I Increments, Special pay etc., for educational qualification 82
II Honorarium for educational etc., qualification 85
III Compensatory Allowances
(A) Dearness Allowance 85(B) Local Allowance 86(C) City Compensatory Allowance 87(D) Family Allowance 87(E) House Rent Allowance 88(F) Hill and Fuel Allownace 89
(G) Special Allowance 89(H) Educational Allowance 90(I) Transport Allowance 91(J) Conveyance Allowance 91(K) Conveyance Allowance to the Blind and
Orthopaedically Handicapped Employees92
IV Special Non-adjustable Allowance 92
V Special Pay, Additional Special Pay, Stagnation Increments,Special Allowances, Personal & Fixed Personal Allowances& Other Allowances; attached to the Group / Posts
92
A. Special Pay 92B. Additional Special Pay 94C. Stagnation Increments 95D. Special Allowance 96E. Fixed Personal Allowance 96F. Personal Allowance 97
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G. Shift Allowance 97H. Split Duty Allowance 97I. Special Allowance 98J. Washing Allowance 98
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NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT (STAFF)RULES, 1982
CHAPTER I
PRELIMINARY
Short Title andcommencement
1. (1) These Rules may be called the National Bank forAgriculture and Rural Development (Staff) Rules, 1982.(2) They shall come into force on 16 December 1982.
Applicability 2. (1) They shall apply to (i) every whole time employee of theNational Bank appointed on or after 12 July 1982, (ii) everyemployee who is deemed to have been appointed by the National
Bank by reasons of sub-sections (3), (4), (5) and (6) of Section 50of the National Bank for Agriculture and Rural Development Act,1981 :
provided that they shall not apply, except as otherwiseprovided in these Rules or to such extent as may be specially orgenerally prescribed by the Board, to -
(a) Chairman, Managing Director or any wholetime Director appointed under Section 6 of
the Act unless the application of all or any of these Rules to them has been approved by
the Central Government, or(b) staff recruited on special contracts, or(c) staff employed outside India.
(2) Nothing in these Rules shall operate to override any specialagreement entered into by the National Bank with any of itsemployees.
Definitions 3. In these Rules, unless there is anything repugnant in the subject orcontent.
(a) "the National Bank" means the National Bank forAgriculture
and Rural Development established under the NationalBank
for Agriculture and Rural Development Act, 1981 (No. 61of
1981) referred to as "the Act" in these Rules;
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(b) "the Reserve Bank" means the Reserve Bank of Indiaestablished under the Reserve Bank of India Act,
1934;(c) "the Agricultural Refinance and Development Corporation"
means the Agricultural Refinance and Development
Corporation established under the Agricultural Refinanceand Development Corporation Act, 1963 ;
(d) "the Board" means of the Board of Directors of the NationalBank and, in relation to any powers exercisable by
the Board, includes its Executive Committee ;
(e) "the Chairman" means the Chairman of the National Bank ;
(f) "the Managing Director" means the Managing Director of the National Bank and, in relation to any powers
exercisable by him, includes a whole-time Directorappointed under sub section (3) of Section 6 of theAct ;
(f) (i) "the Executive Director" means an officer designated assuch ;
(g) "the Officer-in-charge, Personnel Administration" means theofficer who for the time being holds the
administrative charge of Personnel Administration of the NationalBank at its Head Office ;
(h) "the Chief General Manager"/"the General Manager" inRegional Offices means the Officer-in-charge of the
Regional Office for the time being ;
(i) (i) "the Competent Authority" means :
1) the Chairman in the case of Officers in Grade 'F' andabove in all matters falling under Chapters II,
III and IV of these Rules ;
2) (1)the Managing Director in the case of Officers inGrade 'D', and 'E' in all matters and in the
case of Officers in Grade 'F' and above in all matters other
than those falling under Chapters II, III andIV of these Rules ;
2(a) The Chief General Manager, HRMD Headoffice in the case of Officers in Grades A, B and C in
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Head Office.(b) The Chief General Manager, HRMD Head
officein the case of Officers in Grades A, B and C at
(c) Chief General Manager / Officer-in-Charge in
3) The General Manager, HRMD in case of employeesin Group B and C working at Head Office.
4) General Manager in-charge of personneladministration or in case there is no General
Manager in -charge of personnel administration,Deputy General Manager personnelAdministration in the case of employees in Groups Band C working at Regional Office andSub-office under the control of theRegional Office.
5) General Manager in-charge of personneladministration or in case there is no General
Manager in -charge of personnel administration,Deputy General Manager, PersonnelAdministration in the case of employees inGroups B and C working at TrainingEstablishments.
It means in regard to any matter or power to be dealt with orexercisable by the Chairman under these Rules which has beendelegated to any other authority, the authority to whom the disposalof the matter or the exercise of the power has been delegated.
(j) "pay" means the amount drawn by an employee as -
(i) the pay which has been sanctioned for a post held byhim substantively or in an officiating capacity
or to which he is entitled by reason of his
position in a cadre ;(ii) special pay and personal pay ;(iii) any other emoluments which may be specially
classed as pay by the Board ;
(k) "substantive pay" means the pay to which an employee isentitled on account of a post to which he has been
appointed substantively or by reason of his substantive
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position in a cadre/grade ;
(l) except as otherwise provided in an Award or a Settlement oras may be prescribed by the Chairman, "Special
pay" means an addition, in the nature of pay, to the emoluments
of a post or of an employee, granted in considerationof a specific addition to the work or responsibility ;
(m) "personal pay" means an additional pay granted to anemployee -
(i) to save him from a loss of substantive pay in respectof a permanent post due to a revision of pay
or to any reduction of such substantive payotherwise than as a disciplinary measure ; or
(ii) in exceptional circumstances, in accordance with theinstructions issued by the Board from time totime in this behalf.
(n) "leave pay" means the monthly pay which the employeewould have drawn while on duty but for proceeding
on leave.
Pay during leave shall be drawn at full, half or quarter rate of leavepay, according to the kind of leave availed of by the employee, nopay being admissible during extra-ordinary leave ;
(o) except as otherwise provided in an Award or a Settlement oras may be prescribed by the Chairman, "special
allowance" means an addition, in the nature of anallowance, to the emoluments attached to a postor of an employee, granted in consideration of thespecially arduous nature of duties attached to thepost or required to be performed by the
employee ;
(p) "compensatory allowance" means an allowance granted tomeet expenditure necessitated by the special
circumstances in which duty is performed ;
(q) "duty" includes -(i) service as a probationer ;(ii) period during which an employee is on
joining time ;(iii) period spent on casual leave, special casual leave
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duly authorised by a competent authority ;
(r) "transferred employee" means a person who has become amember of the staff of the National Bank in terms of
sub sections (3), (4), (5) and (6) of Section 50 of
the Act, but does not include a person who has elected to goback to the Reserve Bank under the provisions of that Section ;
(s) "family" means an employee's spouse and childrenordinarily residing with and wholly dependent on him.
Board's power tochange Rules
4. The Board reserves the right of changing the Rules here laid downfrom time to time ;provided that no new Rule or alteration in an existing Rule shallhave force until passed as a resolution of the Board and issued in
the form of a circular for circulation among the staff and providedfurther that no new Rule or an alteration in an existing Rule shalloperate to reduce the scale of pay of an employee on which he isentitled to draw pay in a substantive capacity on the day the newRule or alteration in an existing Rule comes into force.
Chairman'spower to delegate
5. The Chairman may delegate to the Managing Director or to theExecutive Directors or to such other officers, as he may specify,subject to such conditions as he may think fit to impose, all or anypowers conferred upon him by these Rules with the exception of thepowers conferred by Rules 18, 19, 47 and 49.
ManagingDirector's powerto delegate
5A. The Managing Director may, by order in writing, delegate to suchofficers, such powers conferred upon him by these Rules with theexception of the powers conferred upon him by Rules 18, 19, 47and 49 as may be specified by the Board, subject to such conditionsas he may think fit to impose.
Delegation of ManagingDirector's powerswhen theManagingDirector's postis vacant
5B. During the period when the post of Managing Director is vacantotherwise than as provided in Section 11 of the Act, all powers of the Managing Director contained in Rules 18, 19, 47 and 49 shall bevested in the Executive Director in-charge of PersonnelAdministration at the Head Office or such other equivalent officeras may be decided by the Chairman.
Power tointerpret andimplement Rules
6. The power to interpret the Rules vests in the Chairman who is alsohereby empowered to issue such administrative instructions, as maybe necessary to give effect to and carry out the purposes of theprovisions of these Rules or otherwise to secure effective control of
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the staff.
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CHAPTER II
APPOINTMENTS, PROBATIONAND TERMINATION OF SERVICE
PART I - APPOINTMENTSClassification of staff
7. (1) The staff of theNational bank shallbe classified asfollows :
Group 'C' -
Subordinate staff.(2) The Board shall
prescribe from timeto time the pay of each post or group of posts. The Chairmanshall prescribe thenumber of posts inGroup 'A' and theManaging Director
in Groups 'B' and 'C',provided that nothingin this Rule shall beconstrued asauthorising theChairman, withoutthe approval of theBoard, to createposts of Officers inGrade 'D' and above.
Setting up of services andrecruitment andpromotion policy
8. (1) The staff of theNational Bank inGroups 'A', 'B' and'C' shall further beclassified intovarious sub-groupson the basis of functions performed,
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for which separateServices shall be setup by the NationalBank. It shall alsobe open to the
National Bank tocreate such otherisolated posts of officers and othermembers of staff,permanent ortemporary, as may berequired from time totime, for the properfunctioning of theNational Bank and
appoint suitablepersons against suchposts.
(2) Subject to suchgeneral or specialinstructions, as maybe issued by theBoard from time totime, the recruitmentand promotion policyof the National Bankshall be as may bedetermined by theBoard for eachService operative inthe National Bank asindicated inAppendix I.
Authoritiesempowered toappoint
9. Appointment to service inthe National Bank shall bemade as follows :
(a) to the post of officersby Chairman;provided that in thecase of directrecruitment to theposts of officers,
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appointments shallbe made with theprior approval of theBoard.
(b) to any other post bythe Officer-in-charge, PersonnelAdministration andsuch other officers asmay be authorisedfrom time to time bythe Chairman or theManaging Directorsubject to suchdirections as may be
issued by them.Appointments tobe made inminimum pay of grade
10. All first appointments shallbe made on the minimumpay of the grade to whichthe appointment is made,provided that the Chairmanmay authorise the grant of not more than four initialincrements in the scale of pay prescribed for the gradein which the appointment ismade in the case of a person-(a) who possesses goodacademic qualifications,(b) who was in the
temporary employeeof the National Bankprior to hisappointment to oneof the posts coveredby these Rules, or
(c) who possessesspecial experienceof value to theNational Bank;provided also thatwhere theappointment in
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question is to bemade in the officers'grade and/orinvolves grant of more than four but
not more than sixinitial increments, itshall be subject tothe approval of theBoard.
Re-employmentin the NationalBank's service
11. (1) No person who hasbeen removed or dismissedor has otherwise ceased tobe in the service of theNational Bank may be re-
employed without thespecific sanction of, and onsuch terms and conditions asmay be prescribed by theChairman, subject, in thecase of appointments asofficers, to the approval of the Board.
(2) Except as otherwiseprovided by the Chairman or
the Board at the time of hisre-employment, these Rulesshall apply to a person, whois re-employed in theNational Bank's service, asif he had entered the servicefor the first time on the dateof his re-employment.
Commencementof service
12. (1) Except as otherwiseprovided by or under theRules, "service" of anemployee shall be deemed tocommence from the workingday on which an employeereports for duty in anappointment covered bythese Rules at the place andtime intimated to him by the
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appointing authorityprovided that he reportsbefore noon, otherwise hisservice shall commencefrom the next following
working day.
(2) Notwithstandingwhat is contained in sub-rule(1), in case of a transferredemployee his service shallbe deemed to havecommenced from the dateon which his servicecommenced under the
Reserve Bank of India or theAgricultural Refinance andDevelopment Corporation,as the case may be.
(3) "Service" includesthe period during which anemployee is on duty as wellas on leave duly authorisedby a competent authority butdoes not include any period
during which an employee isabsent from duty withoutpermission or overstays hisleave, unless speciallypermitted by a competentauthority.
PART II -PROBATION
Direct Recruitofficers 13. An officer directlyrecruited to the NationalBank's service shall beplaced on probation for aperiod not less than one yearbut not more than two years,as may be fixed by theNational Bank at the time of
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his appointment.
Other employees 14. Other directlyrecruited employees notcovered under Rule 13,
shall, on their firstappointment in the NationalBank's service, be requiredto be placed on probation forsix months.
CompetentAuthority'spower to extendprobationaryperiod
15. The CompetentAuthority may, at itsdiscretion, extend the periodof probation of an employee,but in no case the total
period of probation shallexceed -
(a) in the case of officers -
3 years(b) in the case of
other employees - 2years
Discharge during
probation
16. (1) During the
first three months of hisprobationary period, adirectly recruited employeeshall be liable to bedischarged at one day'snotice or pay in lieu thereof and thereafter at one month'snotice or pay in lieu thereof.
(2) Withoutprejudice to the provisions
of Rule 24, an employeeselected as Direct Recruitfrom the National Bank'sstaff and appointed onprobation shall be liable tobe reverted to his previousgrade without notice or payin lieu thereof if, in the
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opinion of the CompetentAuthority, he fails to showsatisfactory promise duringthe period of his probation.
Temporary/ deputation/ contract servicein lieu of probation
17.Where an employee hasrendered continuoustemporary service or hasbeen on deputation oremployed on contract basisprior to his appointment to apermanent post, theprovisions of Rules 13 and14 regarding probationperiod shall not apply to the
extent of suchtemporary/deputation/ contract period.
PART III -TERMINATION OFSERVICE
Determination of service by notice
18. (1) An employeeshall not leave or
discontinue his service in theNational Bank without firstgiving notice in writing tothe Competent Authority of his intention to leave ordiscontinue the service. Theperiod of notice requiredshall be -
(a) three monthsin case of officers, and
(b) onemonth in thecase of otheremployees,and, in caseof breach byan employeeof the
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provisions of this sub-rule,he shall beliable to payto the
NationalBank, ascompensation, a sum equalto hissubstantivepay for theperiod of noticerequired of him.
(2)Notwithstanding
anything contained in sub-rule (1), the resignation shallnot become effective unlessit is accepted in writing bythe Competent Authority.The Competent Authoritymay refuse to accept aresignation -
(a) If disciplinaryproceedingsare pendingagainst theemployee ;(b) if theemployee isunder anobligation toserve theNationalBank for aspecifiedperiod, whichhas not yetexpired ;(c) if the
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employeeowes theNationalBank anysum of
money ;(d) forany othersufficientground to berecorded inwriting.
Explanation - Disciplinaryproceedings shall be deemedto be pending against an
employee for the purpose of this sub rule if he has beenplaced under suspensioneither under Rule 46 or Rule47 of these Rules or anynotice has been issued tohim asking him to showcause why disciplinaryproceedings should not beinstituted against him or anycharge-sheet has been issuedto him under Rule 47 andwill be deemed to bepending till final orders arepassed by the CompetentAuthority.
2 A Not withstanding anythingcontained in Rule 79, wherean employee, having given aproper notice for resignationor compensation in lieuthereof as required undersub-rule (1) above, hasordinary leave earned butnot availed of as on the dateof resignation, may bepermitted to encash half of the Ordinary Leave tohis/her credit, as on the date
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of resignation, subject to amaximum of five months forwhich he/she be paid lumpsum amount equivalent topay as defined in Rule 3 (j)
of these Rules as on the dateof resignation and allallowances normallyadmissible to the employeeconcerned during ordinaryleave.Explanation : "Date of resignation" means the dateon which the employeeceases to be in the Bank'sservice on account of his
resignation.(3) The National Bankmay determine the service of an employee on giving him -
(a) threemonths'notice or payin lieu thereof if he is anemployee inGroup 'A' and(b) onemonth'snotice or payin lieu thereof if he is anemployee inGroup 'B' orGroup 'C'.
The power todetermine the service of anemployee shall be exercisedby the Competent Authoritywith the prior approval of the Board in the case of employees in Group 'A' andof the Chairman in the caseof other employees.
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(4) Nothing in sub-rule(3) shall affect theright of the NationalBank -
(a) toretire ordismiss anemployeewithoutnotice or payin lieu thereof in accordancewith theprovisions of Rule 19 or
Rule 47 ; and(b) todetermine theservice of anemployeewithoutnotice or payin lieu thereof on his beingcertified byits MedicalOfficer to bepermanentlyincapacitatedfor furthercontinuousservice in theNationalBank.
Explanation 1 - Theexpression "month" used inthis Rule shall be accordingto the English calendar andshall commence from thefollowing that on whichnotice is given by theemployee or the NationalBank, as the case may be.
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Explanation 2 - Anotice given by an employeeunder sub rule (1) aboveshall be deemed to be properonly if he remains on duty
during the period of thenotice, and an employeeshall not be entitled to setoff any leave earned but notavailed of by him against theperiod of suchnotice.
Superannuationand retirement
19. (1) An employeein Group 'A' or Group 'B' orGroup 'C' shall retire at 60
years of age :Provided that an
employee who attains theage of superannuation on aday other than the firstduring a calendar monthshall retire on the last day of that month.
provided further that
the National Bank may, atits discretion, retire anemployee in Group 'C' whohas reached 55 years of age,after giving him two months'notice in writing, if in theopinion of the CompetentAuthority his efficiency isfound to have been impaired;
provided further that theNational Bank may at itsdiscretion, retire in publicinterest an employee inGroup 'A' or Group 'B' atany time after completion of 50 years of age.
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provided further inthe case of an employee inGroup 'A' or Group 'B' whohas attained the age of 55
years his continuance inservice upto the age of 60years shall be subject to hisbeing found suitable to beretained in service.
(2) The powerconferred by the provisos tosub-rule (1) shall beexercised by the CompetentAuthority with the prior
approval of the Board in thecase of officers and of theChairman in the case of other employees.
(3) An employeewho has attained the age of 50 years may voluntarilyretire after giving to theCompetent Authority threemonths' notice in writing.
(3A) Withoutprejudice to sub-rule (3), anemployee may voluntarilyretire after giving to theCompetent Authority threemonths' notice in writingprovided he has completed20 years of service if he isnot governed by NationalBank for Agriculture and
Rural Development PensionRegulations, 1993 and 20years of qualifying serviceas defined in the NationalBank for Agriculture andRural Development PensionRegulations, 1993, if he isgoverned by the said
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Regulations.
Provided that thissub-rule shall not apply to anemployee who is on
deputation or study leaveabroad, unless, after havingbeen transferred or havingreturned to India he hasresumed the charge of thepost in India and served fora period of not less than oneyear ;
provided further thatthis sub-rule shall not apply
to an employee who seeksretirement from service forbeing absorbed permanentlyin an autonomous body or apublic sector undertaking towhich he is on deputation atthe time of seekingvoluntary retirement.
(3B) The notice of voluntary retirement givenunder sub-rule (3A) shall notbe valid unless it is acceptedby the Competent Authority.
provided that wherethe Competent Authoritydoes not communicate itsdecision not to accept suchnotice before the expiry of period specified in thenotice, the retirement shallbecome effective from thedate of expiry of suchperiod.
(3C) The CompetentAuthority may, if sorequested by the employeeretiring pursuant to sub-rule
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(3) or (3A), waive the noticeof voluntary retirement withrespect to its full period orpart thereof, if theCompetent Authority is
satisfied that such waiverwill not cause anyadministrativeinconvenience.
(3D) An employee whohas elected to voluntarilyretire pursuant to sub-rule(3A) and has given noticeshall not be entitled towithdraw the notice except
with the permission of theCompetent Authority,provided that the request forsuch withdrawal shall bemade before the intendeddate of his retirement.
(4)Notwithstanding
anything contained in thisRule, where an employee
has ordinary leave earnedbut not availed of as on thedate of retirement, he may,at his option
(a) be permittedto avail of leave subject tomaximum of ten months inrespect of ordinary leaveearned under these Rulesand in that case theemployee will be deemed tohave finally retired from theservice on the expiry of theleave or
(b) be paid alumpsum amount whichshall be equivalent to pay asdefined in Rule 3(j) of theseRules as on the date of his
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retirement for the unavailedordinary leave earnedsubject to a maximum of ten months plus allallowances normally
admissible to the employeeconcerned during ordinaryleave.
Explanation : "Date of retirement" means the dateon which the employeeattains the age of superannuation inaccordance with theprovisions of this Rule or the
date on which he is retiredfrom the National Bankunder sub-rule (1) of thisRule, or the date on whichthe employee voluntarilyretires in terms of sub-rule( 3 ) or sub-rule (3A) of thisRule, as the case maybe.
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CHAPTER III
RECORD OF SERVICE, SENIORITY,PROMOTION AND REVERSION
Record of service
20. A record of service shall bemaintained by the NationalBank in respect of eachemployee at such place orplaces and the same shall bekept in such form and shallcontain such information asmay be specified from timeto time by the Officer-in-
charge, PersonnelAdministration.
Confirmation 21. (i) An employeeappointed on probation willbe confirmed in the NationalBank's Service oncompletion of his probationperiod, subject to hisotherwise being foundsuitable for confirmation.
(ii) An employeeofficiating in a higher gradewill ordinarily be confirmedin the officiating grade oncompletion of officiatingservice of not less than oneyear but not more than twoyears subject to his beingfound suitable forconfirmation against apermanent post.
Seniority 22. (1) The National Bankshall have separate senioritylists for each of the Services.
(2) (i) An employeeconfirmed in the National
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Bank's service shallordinarily rank for seniorityin his grade according to hisdate of confirmation in thegrade. An employee on
probation shall ordinarilyrank for seniority among theemployees selected alongwith him in the same batchaccording to the rankingassigned to him at the timeof selection. The seniorityof two or more promoteeemployees having the samelength of service in theofficiating grade shall be
determined with reference totheir date of confirmationvis-a-vis their seniority inthe immediate precedinggrades.
(ii) The combinedseniority of Direct Recruitsvis-a-vis promoteeemployees in a grade shallbe fixed by placing thenames of Direct Recruitsen-block at the appropriateplace with reference to thedate on which their selectionwas approved by theNational Bank;
provided that suchplacement of Direct Recruitsshall be immediately belowthe name of the junior mostofficiating promoteeemployee.
(iii) The seniority of the transferred employees inthe National Bank shall befixed as laid down in thesub-rules hereunder :
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(a) The inter-seseniority of thetransferredemployees of theReserve Bank of
India covered underthe combineddepartmentalseniority obtainingas at the close of business on 11January 1983 shallbe protected.
(b) The seniority of officers recruited by
the Reserve Bank of India exclusively forthe AgriculturalRefinance andDevelopmentCorporation shall befixed at anappropriate placewith reference to thedate(s) on whichtheir selection asDirect Recruits wasapproved by theBoard of the ReserveBank, irrespective of the date of theirreporting in theReserve Bank/theAgriculturalRefinance andDevelopmentCorporation. Theirplacement shall bemade en-blocimmediately belowthe junior mostpromotee employeeappointed to officiatein the respectivegrade before the date
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on which theselection of DirectRecruits wasapproved by theBoard of the Reserve
Bank/theAgriculturalRefinance andDevelopmentCorporation and indoing so theplacement shallfollow the rankingassigned to them bythe Selection Board.
(c) The inter-sedepartmentalseniority of theofficers ondeputation drawnfrom a department of the Central/StateGovernment/institution and subsequentlyabsorbed in theservice of theReserveBank/AgriculturalRefinance andDevelopmentCorporation/NationalBank shall beprotected by theNational Bank. Theinter-se seniority of deputationists drawnfrom differentdepartments/ Governments /institutions will befixed after takinginto considerationthe total length of service rendered bythem as
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deputationists withthe AgriculturalRefinance andDevelopmentCorporation/National
Bank and in theirparent department inanalogous positions.The inter-se seniorityof deputationistsdrawn from differentorganisations/Governments having thesame length of service shall be fixedwith reference to
their dates of birth.The inter-se seniorityof the officersappointed oncontract basis andsubsequentlyabsorbed in theregular service of theAgriculturalRefinance andDevelopmentCorporation/NationalBank shall also befixed in the abovemanner.
(d) The centre-wiseseniority of the ClassIII staff of theReserve Bank(placed in Group 'B'in the National Bank)shall be combinedcategory-wise andinter-se seniority willbe fixed on an All-India basis withreference to the totallength of service putin by each employee
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as at the close of business on 11January 1983 in therespectivegrade/category and
in case the totallength of service of two employeeshappens to be thesame, the seniorityshall be fixed withreference to the datesof birth of theemployeesconcerned.
(e) The centre-wiseseniority of theClass IV staff of theReserve Bank(placed in Group 'C'in the NationalBank) shall becombined category-wise/grade-wise andinter-se senioritywill be fixed onstate-wise basis withreference to the totallength of service putin by each employeeas at the close of business on 11January 1983 in therespectivegrade/category andin case the totallength of service of two employeeshappens to be thesame, the seniorityshall be fixed withreference to thedates of birth of theemployeesconcerned.
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Promotion 23 All appointments andpromotions shall be made atthe discretion of theNational Bank and
notwithstanding his seniorityin a grade/category, noemployee shall have a rightto be appointed or promotedto any particular post orgrade/category.
Reversion 24 An employee who has beenappointed to officiate in ahigher grade/category orappointment or whose
confirmation in a highergrade/category orappointment is subject to hisundergoing probation forany specified period orotherwise, shall be liable tobe reverted without notice atany time, when he is soofficiating or undergoingprobation.
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CHAPTER IV
CONDUCT, DISCIPLINE AND APPEALSPART I - CONDUCT AND DISCIPLINE
Scope of anemployee'sservice
25 Unless in any case itbe otherwise distinctlyprovided, the whole time of an employee shall be at thedisposal of the NationalBank, and he shall serve theNational Bank in itsbusiness in such capacityand at such place as he mayfrom time to time bedirected.
Duties of anofficer in timesof need
25 A In times of need itshall be the duty of everyofficer to carry out all suchduties and actions as may benecessary to ensure thecarrying out of the normalwork of every day includingsecuring access to the officepremises, documents andequipment and receipthandling, processing,movement and despatch of documents and records.
Liability to abideby the Rules andorders
26 Every employee of the National Bank shallconform to and abide by theRules and shall observe,comply with and obey allorders and directions whichmay from time to time begiven to him by any personor persons under whose jurisdiction, superintendenceor control he may for thetime being be placed.
Obligation tomaintain secrecy
27 Every employeeshall maintain the strictest
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secrecy regarding theNational Bank's affairs andthe affairs of its constituentsand shall not divulge,directly or indirectly, any
information of a confidentialnature either to a member of the public or the NationalBank's staff, unlesscompelled to do so by judicial or other authority, orunless instructed to do so bya superior officer, in thedischarge of his duties. Tosignify this, every employeeshall subscribe to a
declaration in Form 'A'annexed.
Employee topromote theNational Bank'sinterests
28 Every employeeshall serve the NationalBank honestly and faithfullyand shall use his utmostendeavours to promote theinterests of the NationalBank and shall showcourtesy and attention in alltransactions and dealingswith the officers of Government, otherinstitutions and persons.
Prohibitionagainstparticipation inpolitics andcontestingelections
29 No employee shalltake an active part in politicsor in any politicaldemonstrations, or contestelection as a member for aMunicipal Council, DistrictBoard or any other Local orLegislative Body.
Prohibitionagainst joiningcertainAssociations,
30 (1) No employeewho is not a 'workman'within the meaning of theIndustrial Disputes Act,
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strikes etc. 1947 shall -(a)
become orcontinue to
be a memberor office-bearer of orbe otherwisedirectly orindirectlyassociatedwith, anytrade union of theemployees of
the NationalBank who are'workmen'within themeaning of that Act, or afederation of such tradeunions ;
(b) resort
to, or inanyway abet,any form of strike orparticipate inany violent,unseemly orindecentdemonstration inconnectionwith anymatterpertaining tohis conditionsof service orthe conditionsof service of any other
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employee of the NationalBank.
(2) In relation to
an employee who officiatesin a higher grade or postwhich is not a grade or postof a 'workmen' as aforesaid,this Rule shall also apply forso long as such employeeofficiates in such highergrade or post.
Prohibitionagainst
influencing
31 No employee of theNational Bank shall use his
position or influence directlyor indirectly to secureemployment for any memberof his family with theNational Bank or with anyof its constituents or withany other undertaking orbody having regular officialdealings with the NationalBank.
Canvassing 32 No employee shallbring or attempt to bring anypolitical or other influenceto bear upon any superiorauthority to further interestsin respect of matterspertaining to his service inthe National Bank.
Contribution topress, radio,
television etc.
33 No employee maycontribute to the press or
radio or television etc.anything relating to theaffairs of the National Bankwithout the prior sanction of the Competent Authority orwithout such sanction makepublic or publish anydocument, paper or
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information which maycome into his possession inhis official capacity.
Prohibition
againstdisparagingstatement+
34 No employee shall in
any broadcast over radio ortelevision or in anypublished document orcommunication to the pressor in public utterance makeany statement which has theeffect of disparaging theNational Bank or itsmanagement or bringing thesame into disrepute.
Employees not
to seek outsideemployment oroffice
35 No employee shall
without the previoussanction of the CompetentAuthority in writing, accept,solicit or seek any outsideemployment or office,whether stipendiary orhonorary including that of the office-bearership of atrade union or association of employees not belonging tothe National Bank.
Officers not toseek commercialemploymentafter cessation of service withoutprior permission
36 (1) No officer of the National Bank who hasceased to be in the NationalBank's service whether byretirement, resignation orotherwise, shall within aperiod of two years from thedate when he finally ceasesto be in the National Bank'sservice, accept or undertakea commercial employmentexcept with the previoussanction in writing from theNational Bank.
Provided that anofficer who was permittedby the National Bank to take
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up a particular form of commercial employmentduring his leave preparatoryto retirement or duringrefused leave shall not be
required to obtainsubsequent permission forhis continuance in suchemployment afterretirement.
(2) For thepurpose of this Rule,"commercial employment"means :
(i) anemploymentin anycapacity,including thatof an agent,under acompany, co-operativesociety, firmor individual
engaged intrade,commercial,industrial,financial orprofessionalbusiness andalso includesa directorshipof such acompany andpartnership of such firm butdoes notincludeemploymentunder a bodycorporatewholly or
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substantiallyheld orcontrolled byGovernment ;
(ii) setting up apractice eitherindependently or as a
partner of a firm, asadviser or consultantin matters
inrespect of which theofficer who hasceased to be
in theNational Bank'sservice -
(a) has noprofessionalqualifications and thematters in
respect of which the practice is
to be set up or is
carried on arerelatable to hisofficial knowledge or
experience,or
(b) hasprofessionalqualifications but thematters in
respect of which such practiceis to be set up are
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such : as arelikely to give hisclients an unfairadvantage by
reason of his
previous officialposition, or(iii) undertakingwork involvingliaison or contactwith
theoffices or officers of the National Bankand/or
Government.Explanation- For thepurpose of this clause"employment under a co-operative society" includesthe holding of any office,whether elective orotherwise, such as that of President, Chairman,Manager, Secretary,Treasurer and the like, bywhatever name called insuch society.
Part-time workfor outsidebodies
37 No employee shallundertake part-time work fora private or public body or aprivate person, or accept feetherefor, without thesanction of the CompetentAuthority, which shall grantsanction only in exceptionalcases when it is satisfied thatthe work can be undertakenwithout detriment to hisofficial duties andresponsibilities. TheCompetent Authority may,in cases in which it thinks fit
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to grant such sanction,stipulate that any feesreceived by the employeefor undertaking the workshall be paid to the National
Bank to the extentprescribed by the CompetentAuthority, which shall not ,in any case, exceed fiftypercent of the compensationreceived by the employee.
Employees notto be absentfrom dutywithout
permission or belate inattendance
38 (1) An employeeshall not absent himself from his duties without theprior permission of the
Competent Authority, norshall he absent himself incase of sickness or accidentwithout submitting asufficient medicalcertificate;
Provided that in thecase of temporaryindisposition the productionof medical certificate maybe waived at the absolutediscretion of the CompetentAuthority.
(2) An employeewho absents himself fromduty without leave oroverstays his leave, exceptunder circumstances beyondhis control for which hemust tender a satisfactoryexplanation, shall not beentitled to draw any pay andallowances during suchabsence or overstayal, andshall further be liable to suchdisciplinary measures as theCompetent Authority mayimpose. The period of suchabsence or overstayal may,
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if not followed by dischargeunder Rule 16 or terminationof service under Rule 18 ordismissal under Rule 47, betreated as period spent on
extra-ordinary leave withoutpay and allowances.
(3) An employeewho is habitually late inattendance shall, in additionto such other penalty as theCompetent Authority maydeem fit to impose, have oneday of casual leave forfeitedfor every three days he is
late in a month. Where suchan employee has no casualleave due to him, the periodof leave so forfeited may betreated as ordinary or extra-ordinary leave as theCompetent Authority maydetermine.
Absence fromstation
39 An employee inGroup 'A' and an employee
in any other Group, if sorequired by the CompetentAuthority, shall not absenthimself from his stationovernight without obtainingprevious sanction from theCompetent Authority.
Acceptance of gifts
40 An employee shallnot solicit or accept orpermit any member of hisfamily or any other personacting on his behalf toaccept any gift from aconstituent of the NationalBank or from anysubordinate employee.
Private trading 41 No employee shall
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engage in any commercialbusiness or pursuit either onhis own account or as agentfor others, nor act as anagent for or canvass for
business in favour of anyperson, nor shall he beconnected with theformation or management of a partnership firm or a jointstock company.
Speculating instocks, sharesetc. andrestrictions on
investments
42 No employee shallspeculate in stocks, shares orsecurities or commodities orvaluables of any description
or shall make investments orpermit any members of hisfamily to make anyinvestments which are likelyto embarrass or influencehim in the discharge of hisduties.
provided that nothingin this Rule shall be deemedto prohibit an employee to
make bonafide investmentsof his own funds as he maywish.
Explanation 1 - Frequentpurchase or sale of securitiesor both of shares andsecurities and otherinvestments shall be deemedto be speculation for thepurpose of this Rule.
Explanation 2 - For thepurpose of this Rule theword 'family' includes anyrelative ordinarily residingwith or dependent on anemployee.
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Restrictions onborrowing
43 An employee shallnot borrow money from orin any way place himself under a pecuniary obligationto a broker or an employee
of the National Banksubordinate to him or anyfirm or persons dealing withthe National Bank.
Employees indebt
44 An employee shall somanage his private affairs asto avoid insolvency orhabitual indebtedness. Anemployee who is in debtshall furnish to the
Competent Authority asigned statement of hisposition half-yearly on the30th June and 31stDecember and shall indicatein the statement the steps heis taking to rectify hisposition. An employee whomakes a false statementunder this Rule or who failsto submit the prescribedstatement or appears unableto liquidate his debts withina reasonable time or appliesfor the protection of aninsolvency court shall beliable to dismissal.
Explanation 1 - For thepurpose of this Rule anemployee shall be deemed tobe in debt if his totalliabilities, exclusive of thosewhich are fully secured,exceed his substantive payfor twelve months.
Explanation 2 - Anemployee shall be deemed tobe unable to liquidate his
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debts within a reasonabletime if it appears, havingregard to his personalresources and unavoidablecurrent expenses, that he
will not cease to be in debtwithin a period of two years.
Restrictions onconsumption of intoxicatingdrinks etc.
45 (1) An employeeshall strictly abide by thegeneral laws relating tointoxicating drinks in forcein the area in which he mayhappen to be posted or onduty for the time being.
(2) It shall be theduty of the employee to seethat -
(a) he takes duecare that theperformance of hisduty is
not affectedin any way by theinfluence of any
intoxicatingdrink or drug ;(b) he does notappear in a publicplace in a state of
intoxication.
Prevention of sexualharassment
45 A No employee of the NationalBank shall indulge in any actof sexual harassment of anywoman at the work place.
Explanation : For thepurpose of this Rule, sexualharassment includes suchunwelcome sexually
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determined behaviour,whether directly orotherwise, asa. physical contact andadvances;
b. demand or request forsexual favours;c. sexually colouredremarks;d. showing anypronography; ore. any other unwelcomephysical or verbal or nonverbal conduct of asexual nature.
Employeesarrested for debtor on criminalcharge
46 (1) An employeewho is arrested for debt oron a criminal charge or isdetained in pursuance of anyprocess of law, may, if sodirected by the CompetentAuthority be considered asbeing or having been undersuspension from the date of his arrest or as the case maybe, of his detention, uptosuch date or during suchother period, as theCompetent Authority maydirect. In respect of theperiod to which he is sotreated, he shall be allowedthe payment admissible toan employee undersuspension under sub-rules(5) of Rule 47.
(2) Any paymentmade to an employee undersub-rule (1) shall be subjectto adjustment of his pay andallowances which shall bemade according to thecircumstances of the case
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and in the light of thedecision as to whether suchperiod is to be accounted foras a period of duty or leave ;
provided that full payand allowances will beadmissible only if theemployee -
(a) is treated ason duty during such period ;and
(b) is acquittedof all blame orsatisfies the
CompetentAuthority in
the case of hisrelease fromdetention or
of hisdetention being setaside by a competentcourt,
that he had
not been guilty of improper conduct
resulting inhis detention.
(3) An employeeshall be liable to dismissal orto any of the other penaltiesreferred to in Rule-47 if heis committed to prison fordebt or is convicted of anoffence which in the opinionof the Competent Authority,either involves gross moralturpitude or has bearing onany of the affairs of theNational Bank or on the
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discharge by the employeeof his duties in the NationalBank ; the opinion in thisrespect of the CompetentAuthority shall be
conclusive and binding onthe employee. Suchdismissal or other penaltymay be imposed as from thedate of his committal toprison or conviction andnothing in Rule 47 shallapply to such imposition.
(4) Where anemployee has been
dismissed in pursuance of sub-rule (3) and the relativeconviction is set aside by ahigher court and theemployee is honourablyacquitted, he will bereinstated in service.
Explanation - In this Rule,committal or convictionshall mean committal or
conviction by the lowestcourt or any appellate court.
(5) Where theabsence of an employeefrom duty without leave orhis overstayal is due to hishaving been arrested fordebt or on a criminal chargeor to his having beendetained in pursuance of anyprocess of law, theprovisions of Rule 38 shallalso apply and for thepurpose of that Rule as soapplied, the employee shallbe treated as havingabsented himself withoutleave or, as the case may be,
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overstayed, otherwise thanunder circumstances beyondhis control.
Penalties 47 (1) Without
prejudice to the provisionsof other Rules, an employeewho commits a breach of theRules of the National Bank,or who displays negligence,or indolence or whoknowingly does anythingdetrimental to the interestsof the National Bank or inconflict with its instructions,or who commits a breach of
discipline or is guilty of anyother act of misconduct,shall be liable to thefollowing penalties.
(a) Reprimand ;(b) delay or
stoppage of increment orpromotion
(c)degra
dation to alower post orgrade or to alower stage inhisincrementalscale ;(d)
recovery from payof the wholeor part of anypecuniaryloss caused tothe NationalBank by theemployee ;
(e) dismissal.
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(2) No employeeshall be subjected to thepenalties (b), (c), (d) or (e)of sub-rule (1) except by anorder in writing signed by
the Competent Authorityand no such order shall bepassed without the charge orcharges being formulated inwriting and given to the saidemployee so that he shallhave reasonable opportunityto answer them in writing orin person, as he prefers, andin the latter case his defenceshall be taken down in
writing and read out to him ;provided thatrequirements of this sub-rulemay be waived if the factson the basis of which actionis to be taken have beenestablished in a court of lawor Court Martial or wherethe employee has abscondedor where it is for any otherreason impracticable tocommunicate with him orwhere there is difficulty inobserving them and therequirements can be waivedwithout injustice to theemployee. In every casewhere all or any of therequirements of this sub-ruleare waived, the reasons forso doing shall be recorded inwriting.
(3)Notwithstanding
anything contained in sub-rule (2) or in any other Rule,if two officers in differentgrades or an officer and anemployee in Group 'B' or
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Group 'C' are involved jointly in an incident anddisciplinary proceedings aresought to be institutedagainst both of them and the
Chairman is of the opinionthat having regard to thefacts and circumstances of the case, the CompetentAuthority in respect of boththe officers/employeesshould be the same, theChairman may direct thatthe Competent Authority inrespect of the higher Groupemployee as defined in sub-
rule (2) above shall be theCompetent Authority inrespect of both theofficers/employees involvedand a common enquiry shallbe held into the chargesagainst both of them and thedelegation under sub-rule (4)of the enquiry under thisRule and the procedure, withthe exception of the finalorder shall be inv favour of the sameenquiry officer.
(4) The enquiryunder this Rule and theprocedure with the exceptionof the final order may bedelegated in case theemployee against whomproceedings are to beinitiated, is an officer, to anyofficer who is in a gradehigher than such employeeand in the cases of otheremployees to any officer inGroup 'A'.
(5) An employeemay be placed under
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suspension by theCompetent Authorityempowered to pass the finalorder under this Rule.During such suspension, he
shall receive subsistenceallowance equal to :(i) hissubstantive pay plusfifty percent of allowances
thereon forthe first six monthsof suspension : and
(ii) hissubstantive pay plusseventy five percentof
allowancesthereon for theperiod of suspension
beyond six months :
provided that the
enhanced rate of subsistenceallowance prescribed undersub-clause (ii) shall beadmissible only if theenquiry is not delayed forreasons attributable to theconcerned employee or anyof his representatives.
Provided further thatif no penalty under clauses(b), (c), (d) or (e) of sub-rule(1) is imposed, the employeeshall be refunded thedifference between thesubsistence allowance andemoluments which he wouldhave received but for suchsuspension, for the period he
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was under suspension andthat, if a penalty is imposedon him under the saidclauses, no order shall bepassed which shall have the
effect of compelling him torefund such subsistenceallowance. The periodduring which an employee isunder suspension shall, if heis not dismissed from theservice, be treated as periodspent on duty or leave as theCompetent Authority maydirect.
(6)Notwithstandinganything contained in thisRule or any other Rule, thefollowing additionalprovisions shall apply whereit is alleged that anemployee has been guilty of corrupt practices, namely :
(i) where it is
alleged that anemployee ispossessed of disproportionateassets or that he hascommitted an act of criminal misconductor where theinvestigation andproof of theallegation wouldrequire the evidenceof persons who arenot employees of theNational Bank orwhere in the opinionof the Chairman, theinvestigation into theallegations cannot be
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convenientlyundertaken by theNational Bank, theinvestigation into theallegations may with
the approval of theChairman, beentrusted to theCentral Bureau of Investigation or theCentral VigilanceCommission or anyother such agency asmay be approved bythe Chairman ;
(ii) if afterconsidering thereport on theinvestigation, theCompetent Authorityis satisfied that thereis a primia facie casefor institutingdisciplinaryproceedings againstthe employee, hemay send theinvestigation reportto the CentralVigilanceCommission or suchother authority asmay be decided bythe Chairman fromtime to time in thisbehalf, for its advicewhether disciplinaryproceedings shouldbe taken up againstthe employeeconcerned ;
(iii) if afterconsidering theadvice of the Central
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VigilanceCommission or otherauthority, as the casemay be, theCompetent Authority
is of the opinion thatdisciplinaryproceedings shouldbe instituted againstthe employeeconcerned, then,notwithstanding theprovisions of sub-rule (4), the enquiryunder this Rule maybe entrusted to a
Commissioner forDepartmentalEnquiries or anyother person whomay be nominated bythe Central VigilanceCommission for thispurpose ;
(iv) the EnquiryOfficer shall submithis report to theCompetent Authorityand the report shallbe forwarded by theCompetent Authorityto the CentralVigilanceCommission for itsadvice as to whetherthe charge orcharges, as the casemay be, can beconsidered to havebeen established andthe penalty orpenalties to beimposed under sub-rule (1) hereof. Thepenalty or penalties
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to be imposed shallbe decided by theCompetent Authorityafter considering theadvice of the Central
VigilanceCommission.
Explanation - An employeeshall be deemed to be guiltyof corrupt practices it he hascommitted an act of criminalmisconduct as defined inSection 5 of the Preventionof Corruption Act, 1947 orhe has acted for an improper
purpose or in a corruptmanner or had exercised orrefrained from exercising hispowers with an improper orcorrupt motive.
PART II - APPEALSRight to appeal 48 An employee shall have a right of appeal against any
order passed by a superior authority which injuriously affectshis interests.
Appellateauthorities
49 An appeal shall lie -(a) in the case of officers in Grade 'F' and above inall matters falling under Chapters II, III and IV of these Rules to the Board :(b) in the case of an Officer in Grade 'D' and 'E' inall matters and in the case of Officers in Grade 'F' andabove, in all matters other than those falling underChapters II, III and IV of these Rules - to theChairman :(c) In the case of Oficers in Grades A, B and Cin all matters - to the Managing Director(d) in the case of other employees -
(i) the Chief General Manager, HRMD at
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Head Office.(ii) Officer-in-Charge at Regional Offices and(iii) the Principal of Training Establishments.
provided that during vacancy in the post of the AppellateAuthority, the appeal shall lie to the next higher authority.
Conditionswhich anappeal shouldsatisfy
50 Every appeal shall comply with the followingrequirements -(a) it shall be written in English or Hindi or if notwritten in English or Hindi be accompanied by atranslated copy in English or Hindi and shall besigned;(b) it shall be couched in polite and respectfullanguage and shall be free from unnecessary paddingor superfluous verbiage ;(c) it shall contain all material statements and
arguments relied on and shall be complete in itself;(d) it shall specify the relief desired ;(e) it shall be submitted through the properchannel.
When appealsmay bewithheld
51 An appeal may be withheld by the CompetentAuthority if (a) It does not comply with the requirements of Rule 50 ;(b) it is illegible or is unintelligible ;
(c) it deals with a matter which does not concern
the employee personally ;(d) it repeats an appeal already rejected by theauthority to whom the appeal is addressed and doesnot, in the opinion of the Competent Authority,disclose any new points or circumstances which affordgrounds for reconsideration ;(e) it is not preferred within six months of the dateof the order against which the appeal is made and noreasonable cause is shown for the delay; or(f) it is addressed to an authority to which noappeal lies under these Rules.
Grounds forwithholding theappeal to becommunicatedto the appellant
52 In every case in which an appeal is withheld theCompetent Authority shall inform the appellant the fact of withholding the appeal and the reasons for withholding it.
Appeal must be 53 An appeal which is not withheld under Rule 51 shall
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forwarded tothe AppellateAuthority withdue despatch
be forwarded to the Appellate Authority with the commentsof the Competent Authority.
Time Limit fordisposal of Appeals
53(A) An appeal shall be disposed of by the Appellate Authority atthe earliest opportunity but ordinarily not later than twelvemonths from the date of receipt of the appeal.
No appeal liesagainst orderwithholdingappeals
54 No appeal shall lie against the withholding of anappeal by the Competent Authority.
Appeal not tobe addressed to
the Directors of the Board:
55 Appeals shall not be addressed to the Directors of theBoard individually by name and such action shall be deemed
a breach of discipline.
Appeals not tobe addressed tooutsideauthority orperson
56 No employee shall address any appeal, representationor petition to any outside authority or person in respect of amatter pertaining to the employee's service in the NationalBank. Addressing such appeals, representations or petitionsshall be deemed a breach of discipline.
Joint petitions 57 The provisions of Rules 50 to 56 shall also apply tothe extent they are relevant to petitions which concern more
than one employee and are preferred jointly by a group orgroups of employees or by an association or union of employees recognised by the National Bank. A joint petitionshall not be entertained if -
(a) no application for redress has been made to theCompetent Authority who is empowered to pass theorder ;(b) it relates to a matter regarding the redress of which a specific procedure has been prescribed underany rule or instruction issued by the National Bank ;or
(c) it relates to an individual and is not submittedby him.
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CHAPTER -V PAY, ALLOWANCES AND OTHER BENEFITS
PART I - PAY AND ALLOWANCES
When accrueand payable 58 Subject to the provision of these Rules, pay and allowancesshall accrue from the commencement of the service of an employeeand shall become payable on the afternoon of the last working day of each month in respect of the service performed during the saidmonth.
Provided that an employee proceeding on any kind of leaveother than extra-ordinary leave for a period not less than one monthshall be paid in advance one month's pay and allowances, if heapplies therefor.
When ceases 59 Pay and allowances shall cease to accrue as soon as anemployee ceases to be in service. In the case of an employeedismissed from the National Bank's service, the pay and allowancesshall cease from the date of his dismissal. In the case of an employeewho dies while in service, they shall cease from the day followingthat on which the death occurs.
All employeesto be graded
60 Every employee shall have a post in one of the grades fixedfor each of the categories of staff, which will be considered as hissubstantive grade and to which he shall revert when he is not -
(a) under suspension ;
(b) on leave or deputation ; or(c) holding a temporary or a probationary post orofficiating in another grade.
Adjustment of pay andallowances onchange of charge, whentakes effect
61 An employee shall commence to draw the pay andallowances of a post to which he is appointed as from the date onwhich he assumes the duties of the post if the charge is transferredbefore noon of that date and from the following day if the charge istransferred in the afternoon of that date.
Two personsnot to beappointed to apost at the sametime
62 Except as otherwise provided in these Rules, no two persons may beappointed to, or draw the pay and allowances, of, a post at the sametime.
Employees ontransfer
63 Where an employee is transferred from one post to another,he shall, during any interval of duty between the date of his handing
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over charge of the old post and the date of his taking over charge of the new post, draw the pay and allowances of the old or the new post,whichever are less."
Admissibility of allowances
64 Allowances shall only be payable to employees who areactually at the time fulfilling the conditions subject to which they are
admissible.Overtimeallowance
65 (1) Notwithstanding the fact that the whole time of anemployee is at the disposal of the National Bank, the National Bankmay grant overtime allowance, not counting as pay, to an employeewho is not an officer if he is required to work on Sundays or holidaysor to put in extra hours on week days in connection with the NationalBank's work.
(2) The rate at and the circumstances in which suchallowance may be drawn shall be determined by the Board.
Increments 66 (1) In an incremental scale, the increment shall accrue onthe completion of each specified period of service on each stage of that scale, whether such service be probationary, officiating orsubstantive.
Provided that the benefit of increment will be admissiblefrom the first of the month in which it accrues.
Provided further that -(a) an increment withheld as a measure of penalty will begranted from the date the penalty ceases ; and(b) consequent upon grant of extra-ordinary leave withoutpay and allowances not counting for increment, the date of
accrual of next increment shall be postponed by the numberof days of extra ordinary leave granted.
(2) Officiating service in a higher grade will count forincrement in that higher grade as well as the employee's substantivegrade and also in the intermediate grade, if any, in which he wouldhave officiated had he not been appointed to officiate in the highergrade.
(3) If an employee officiating in a higher grade proceedson leave, such period of leave (except extra-ordinary leave taken
otherwise than on medical certificate) as is certified by theCompetent Authority to be the period for which the employee wouldhave continued to officiate in the higher grade but for his proceedingon leave, shall count for the purpose of increment in the same way asperiod of duty in the higher grade although, in terms of Rule 60, hestood reverted to his substantive grade with effect from the date heproceeded on leave.
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(4) No increment may be withheld except as adisciplinary measure under Rule 47 and each order withholding anincrement shall state the period for which it is withheld and whetherthe postponement shall have the effect of postponing futureincrements ;
provided that if in an incremental scale there is an efficiencybar, an employee shall not draw increments above that bar until hehas been certified fit to do so by the Competent Authority. On eachoccasion on which an employee is allowed to pass an efficiency barwhich has previously been enforced against him, he shall be placedin the incremental scale at such stage as the authority competent toremove the bar may fix provided that such stage shall not be higherthan that at which he would have drawn his pay if the bar had notbeen enforced against him and further that no increments granted onthe removal of a bar shall have a retrospective effect.
(5) Sanction to draw increments will be given by theCompetent Authority.
Prematureincrements
67 The Chairman may, in exceptional circumstances, and subjectto such general or special instructions as may be issued by the Boardgrant premature increments to an employee provided that the grant of such premature increments to an employee in Group 'A' shall requirethe approval of the Board in each case.
Refixation of pay-on
appointment onprobation
68 (i) Subject to such special or general instructions as maybe issued from time to time by the National Bank, the pay of an
emplossyee on appointment on probation, from one grade to another,shall initially be so fixed in the scale of pay of the post in which theemployee is appointed that it is not less than his substantive pay.
- onconfirmation
(ii) On confirmation in the higher grade, the pay of anemployee shall be fixed at the appropriate stage as per theinstructions issued by the National Bank from time to time.
Officiating pay 69 (1) An employee who is appointed to officiate in a highergrade shall draw an officiating pay equal to the difference between
his pay in the substantive grade or any intermediate grade in whichhe is already officiating and his pay in the higher grade.
(2) Subject to such special or general instructions as maybe issued from time to time by the National Bank, the pay of anemployee appointed to officiate in a higher grade may be fixed at astage in the scale of pay of the higher grade which is next above hispay in the substantive grade or intermediate grade in which he is
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already officiating ;Z provided that when the promotion is of a temporary nature
and the circumstances of the promotion so justify, the Chairman mayfix the pay of an employee at an amount less than that admissibleunder this Rule.
(3) If an employee is reverted and is subsequentlyreappointed to officiate in a higher grade, his earlier officiatingservice in the higher grade will be taken into account for fixing hisofficiating pay and for permitting him to draw increments in theofficiating grade in terms of Rule 66(1) ;
provided that the pay to be fixed on such reappointment shallnot be less than the pay drawn by the employee at the time of hisreversion immediately preceding his reappointment.
Admissibility of
pay and
allowances
70 (1) Except as otherwise provided in these Rules or as may
be prescribed by the Board, the pay and allowances of an employee
shall be regulated in accordance with the provision of Appendices I
and II as may be modified from time to time.
(2) Notwithstanding anything contained in sub-rule (1)
above, a transferred employee shall continue to draw the same salary
and emoluments which he would have drawn had he continued to be
a member of the staff of the Reserve Bank by virtue of the provisions
of sub-section (8) read with sub-section (11) of Section 50 of the Act.
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PART II - OTHER BENEFITS
Grant of honoraria,special pay,
specialincrements orother benefits
71 (1) The Boardmay determine theconditions under which an
honorarium, special pay orspecial increments may begranted to an employee forgraduation, for holding theNational Diploma inCommerce or for passing theexaminations held by anInstitute of Bankers or forholding or acquiring similarother qualifications.
(2) No benefits,
the grant of which is notcovered by these Rules, maybe given except with thespecial sanction of theBoard.
Travellingand HaltingAllowances
72 Travelling andHalting Allowances shall bepaid to the employees atsuch rates and on such termsand conditions as may bedetermined by the NationalBank from time to time.
Leave andRetirementTravelConcessions
73 The Leave andRetirement TravelConcessions shall beadmissible to the staff inaccordance with the schemeas may be framed by theNational Bank and modifiedby it from time to time.
Domicile 74 (1) Everyemployee shall on hisappointment declare hisdomicile in writing to theNational Bank in Form 'B'annexed and if suchdomicile is not his place of
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birth he must establish thesame to the satisfaction of the appropriate authority.
(2) No employeewho has once indicated his
domicile, shall be allowed toalter the same unless hesatisfies the National Bankthat the change isnecessitated by a bonafidereason.
Medicalfacilities
75 Medical facilitiesshall be provided by theNational Bank for itsemployees in accordance
with such schemes as maybe framed by the Nationalbank and modified by itfrom time to time.
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CHAPTER VI
LEAVE AND JOINING TIMEPART-I GENERAL RULES RELATING TO LEAVE
Kinds of leave 76 Subject to theprovisions of these Rules,the following kinds of leavemay be granted to anemployee ;
(a) Casual leaveand special casual leave
(b) Ordinaryleave
(c) Sick leave(d) Special leave
(e) Extra-ordinary leave(f) Maternity
leave(g) Accident
leave
Authoritiesempowered togrant leave
77 The power to grantleave shall vest in theManaging Director in thecase of officers, and, subjectto such general or specialdirections as may be issuedby him, the Officer-in-charge, PersonnelAdministration in the case of other employees and, exceptas provided in these Rules orin any directions issued bythe Managing Director, allapplications for leave shallbe addressed to the authorityempowered to grant leave.
Power to refuseleave or recallan employee onleave
78 Leave cannot beclaimed as of right. Whenthe exigencies of the serviceso require, discretion torefuse or revoke leave of anydescription is reserved with
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the authority empowered togrant it, and an employeealready on leave may berecalled by that authoritywhen it considers this
necessary in the interests of the service. An employeeshall not ordinarily beallowed to convert one typeof leave to another to suit hisconvenience.
Lapse of leaveon cessation of service
79 Leave earned by anemployee lapses on the dateon which he ceases to be inservice.
Earlier returnfrom leave
80 Unless he ispermitted to do so by theauthority which granted hisleave, an employee on leavemay not return to dutybefore the expiry of theperiod of leave granted tohim.
Commencement
and terminationof leave
81 (1) The first day
of an employee's leave is theworking day succeeding thatupon which he makes overcharge.
(2) The last dayof an employee's leave is theworking day preceding thatupon which he reports hisreturn to duty.
Obligation tofurnish leaveaddress
82 An employee shall,before proceeding on leave,intimate to the CompetentAuthority his address whileon leave, and shall keep thesaid authority informed of any change in the addresspreviously furnished.
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Station to whichan employeeshould report onreturn
83 An employee onleave shall, unless otherwiseinstructed to the contrary,return for duty to the place
at which he was laststationed.
When medicalcertificate of fitness may bedemanded
84 A competentauthority may require anemployee who has availedhimself of leave for reasonsof health to produce amedical certificate of fitnessbefore he resumes duty eventhough such leave was not
actually granted on amedical certificate.
Leave notadmissible to anemployee undersuspension
85 Leave may not begranted to an employeeunder suspension or againstwhom proceedings arepending under Chapter IV of these Rules.
PART II - CASUAL,SPECIAL CASUAL,ORDINARY, SICK,SPECIAL, EXTRA-ORDINARY,MATERNITY ANDACCIDENT LEAVE ---------------------------------------------------------------------------------
Casual leave 86 Casual leave may begranted upto a maximum of fifteen days in each calendaryear by the CompetentAuthority, provided that notmore than seven days maybe taken continuously, thatthe state of work permits and
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that no appointment isrequired to replace theemployee on leave andprovided that publicholidays may not be
combined with such leave insuch a way as to increase theabsence at any one timebeyond ten days but if extended beyond these limitsshall be treated as ordinaryleave or other admissibleleave in respect of the entireperiod. However, atemporary employee duringthe first six months of his
service will be eligible forcasual leave at one day foreach completed month of service. Casual leave maynot be granted incombination with any otherkind of leave except specialcasual leave.
Special casualleave
87 Notwithstandinganything contained in Rule86, the Managing Directormay permit the grant of special casual leave :
(1) (i) when theabsence from duty isnecessitated by orders fromthe authorities empowered toissue quarantine orders notto attend office inconsequence of infectiousdisease in the family orhousehold of an employee;
(ii) when theabsence of an employee inGroup 'C' from duty is dueto his having sustained aninjury while on duty (liftingloads etc.) and the absence is
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supported by a certificatefrom the National Bank'sMedical Officer ;
(iii) when theabsence is necessitated by
reason of an employee whois a member of the AuxiliaryForce, India; Home Guardsor other Civil DefenceOrganization or any otherofficial organization of asimilar nature having toattend an annual camp or beon training ; or
(iv) when thereare other exceptional
circumstances necessitatingthe grant of casual leave inexcess of the prescribedlimits.
(2) Upto 21 daysin any one calendar yearwhen the absence isnecessitated by reason of anemployee having to attendas a delegate a meeting of anAssociation recognised bythe National Bank.
(3) Upto 45 daysin any one calendar yearwhen the absence isnecessitated by reason of anemployee participating insporting events of nationalor international importanceor any other sporting eventapproved by the NationalBank.
Explanation 1 - Except in respect of special casual leavesanctioned in terms of Rule87(1) (iv), the total period of
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casual leave granted underRule 86 and the specialcasual leave granted underRule 87(1) in any onecalendar year shall in no
case exceed 30 days and if the grant of leave under thesaid Rules shall result insuch total period beingextended beyond 30 daysshall be treated, subject tothe provisions of Rule 93(2)as ordinary, sick, special orextra-ordinary leave as theemployee concerned mayrequest and as may be
admissible to him. Explanation 2 - Incomputing casual leaveunder Rule 86 and specialcasual leave under Rule 87,intervening public holidaysshall not be reckoned asdays of casual leave orspecial casual leave as thecase may be.
Ordinary leave-whenapplicationsshould besubmitted
88 (1) Applicationfor ordinary leave shall besubmitted at least 3 monthsin the case of officers andone month in case of otheremployees before the datefrom which the leave isrequired.
(2) Applicationwhich do not satisfy therequirements of sub-rule (1)may be refused withoutassigning any reason.
Scale on whichordinary leave isearned
89 An employee shallearn ordinary leave at one-eleventh part of duty
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rendered by him.
Ordinary leavedue
90 The ordinary leavedue to an employee is theperiod which he has earned
less the period of leaveactually taken.
Limits uptowhich ordinaryleave maybeearned or taken
91 The period of ordinary leave which can betaken at any one time by anemployee is ten months andno further ordinary leave canbe earned by him.
provided that if, atleast three months before the
date on which an employeeshall have earned leave forthe maximum period, he hasformally applied for leaveand the leave has beenrefused or he has ascertainedin writing that leave, if applied for, will not begranted, such an employeemay be permitted to earnleave in excess of the
maximum aforesaid, uptothe date specified by theauthority competent to grantleave.
Pay duringordinary leave
92 An employee onordinary leave shall draw apay equal to his leave pay.
Sick and specialleave - limit
upto which maybe granted
93 (1) During thefull period of his service an
employee may be grantedspecial leave on privateaffairs for a period notexceeding twelve monthsand sick leave on medicalcertificate for a period notexceeding eighteen monthsand the Managing Director
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may grant additional sickleave, if consideredadvisable in the NationalBank's interest, in specialcases. A temporary
employee shall be eligiblefor sick leave at one-twentysecond part of duty and onhis confirmation in theNational Bank's service heshall be entitled to avail of balance portion of sick leaveearned during his temporaryservice, which shall be inaddition to eighteen monthsas above. Special leave may
not be availed of if ordinaryleave is admissible ; provided that an
employee may be grantedspecial leave if he issuffering from a diseaserequiring prolongedtreatment and he has noordinary leave and sickleave to his credit and is alsonot eligible for advance sickleave ;
provided further thatthe production of medicalcertificate shall not beinsisted upon if sick leave tobe granted does not exceedfour days and the CompetentAuthority is satisfied withthe bonafides of the reasonsfor such a leave.
(2) In case anemployee is absent fromduty on account of aquarantine, the NationalBank ma
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