SERVICE REGULATIONS 1976
GENERAL
In exercise of the powers conferred on the Board of Directors under Articles 89(16) of the Articles of Association of the MMTC Limited, the Board of Directors hereby makes the following regulations namely: -
“ MMTC SERVICE REGULATIONS 1976 “
1. TITLE:
These Regulations may be called “MMTC Service Regulations, 1976”.
2. COMMENCEMENT:
The Regulations will come into force with effect from 29.3.1976).
3. DEFINITIONS:
In these Regulations, unless the context indicates otherwise
(a) Company means the MMTC Limited.
(b) Board means the Board of Directors of the Company.
(c) Regulations means MMTC Limited Service Regulations 1976.
(d) Chairman-cum-Managing Director/Executive Director shall have the same meaning as are defined in the Articles of Association of the Company.
(e) General Manager/Deputy General Manager” means a person appointed as General Manager/Deputy General Manager to manage the affairs of a Regional Office or a Division.
(f) means General Manager appointed in the Head Office to look after personnel matters.
(g) Secretary means the Secretary of the Company.
(h) Employee means any person appointed to service or post in connection with the affairs of the Company but will not include casual or part-time workers.
(i) Service” means service of the Company.
(j) Office means any office of the Company established in India or abroad.
(k) Approved Medical Officer means a Doctor approved under the Central Government Health Service Scheme or approved by the GM (P)/GM/DGM for issuing Medical Certificate or Report.
NOTE:
Words and phrases not defined above will, in case of doubt, have the same meaning as given to them in Fundamental Rules and Supplementary Rules of the Government of India.
4. SCOPE:
4.1 These rules shall be applicable to all the employees of the Company except employees whether of the Union or the State Government or State owned undertaking, whose services are placed at the disposal of the Company on foreign service. Such employees shall be governed by such terms as may be laid down in each case.
EXCEPTION:
1) The Board, may for recorded reasons, waive or modify the operation of any of these regulations in respect of any employee.
2) Unless expressly provided for in these Regulations to the contrary, the terms and conditions of service of Company employees, their increments, leave and leave salary, joining time, joining time pay, travelling and other allowances and other allied matters will mutatis mutandis, be governed by the Government of India Fundamental and Supplementary Rules which shall include Government of India orders and decisions. Audit instructions and Audit Rules issued by the Controller and Auditor General of India from time to time relating there to.
4.2 Disciplinary proceedings and penalties prescribed in the “MMTC Ltd. Employees Conduct Disciplinary and Appeal Rules, 1975,as amended from time to time, will be applicable to the employees of the Company.
5. DELEGATION:
The Board may confer on the Chairman-cum-Managing Director/Executive Director/any other officer any of its powers in these Regulations by Resolution.The Chairman-cum-Managing Director/Executive Director may, with the approval of the Board, confer on any Officer of the Company any of his powers including his delegated powers by written authorization. Delegated Powers shall be exercised subject to such conditions and limitations as may be prescribed in the resolution or authorization of the Board/Chairman-cum-Managing Director.
6. RECRUITMENT RULES:
In regard to the matters concerning classification of posts, scales of pay, method of recruitment including appointment by deputation, promotion, seniority and allied matters, the provisions of the Recruitment Rules of the Company both for Officers and Staff, as amended from time to time, shall be applicable to the respective category of employees.
7. CREATION OF POSTS:
Consistent with the requirements of the Company, the Board or any authority delegated with powers in this behalf, may create posts from time to time, on the scales of pay prescribed by the Board.
8. CERTIFICATION OF HEALTH:
8.1 No person shall be taken in service unless he/she furnishes to the Company a health certificate in the prescribed form from an Approved Medical Officer or Officers either before or within a week of the appointment.
8.2 A certificate of health shall not be required in the case of following appointments:
(a) Permanent employees of the Central or State Government on deputation to the Company
(b) Temporary Government servants who have already been medically examined, if transferred to the Company without a break in service, provided the Head of the Office from which they are transferred certifies to the effect that the employees have already produced the requisite Medical Certificate of Health
(c) Persons appointed to a vacancy for less than six months duration
(d) Retired Government servants re-employed immediately on retirement without break in service.
9 PROHIBITION OF BIGAMOUS MARRIAGES:
Every person on appointment to the service of the Company shall sign a declaration that, if married, he does not have more than one wife living and, that he will not contract another marriage without prior permission from the Company even if such subsequent marriage is permissible under the personal law applicable to him. Likewise a female employee will furnish a declaration at the time of appointment to the effect that she is not married to and shall not marry a person who has one wife or more living.
10. PROBATION :
10.1 Persons recruited direct in any post and employees promoted from one to any higher posts shall be placed on probation for a period of one year from the date of appointment which may be extended or reduced at the discretion of the appointing authority and may be reverted under the orders of the appointing authority without notice or assigning any reason thereof,at any time during probation.
NOTE :
The Appointing authority may dispense with the above provision regarding probation in case of purely temporary appointments, not likely to exceed a period of one year and such an employee shall be liable for reversion or termination of service at any time without notice.
10.2 During the period of probation, a person appointed direct shall be liable to be discharged with one month’s notice.Similarly, during the period of probation if the person appointed direct desires, to leave the services of the Company, he shall give a month’s notice in writing to the appointing authority or pay cash compensation equivalent to his pay and allowances for one month unless the appointing authority relaxes the condition of notice either in full or in part in view of special circumstances.
Provided that the Company may terminate the service of an employee forth-with such notice on payment to him of a sum equivalent to the amount of his pay plus allowances at the same rates at which he was drawing immediately before the termination of his services of the period of the notice.
11. RESIGNATION:
An employee who has completed his period of probation shall not resign from the service of the Company without giving three month’s notice of his intention to do so.Failure to give the adequate notice shall make the employee liable to pay the Company as compensation a sum equal to his pay and allowances for three months provided the Competent Authority may waive giving of such notice at its discretion.Provided that where any disciplinary proceedings are pending or a prima facie case has been established for initiating action against him, the Company reserves the right not to accept such notice of resignation or in lieu thereof three months’ pay and allowances at its discretion.
12. TERMINATION OF SERVICE:
12.1 The Company may terminate the service of an employee who had completed his period of probation by giving him three months notice or three months pay and allowances in lieu there of without assigning any reasons. The powers to terminate the service of the employee shall be exercised by the Chairman-cum-Managing Director in all cases, except in respect of Officers of the level of Senior Managers and equivalent and above about whom prior approval of the Board of Directors shall be obtained.
12.2 Nothing in this regulation shall affect the right of the Company to terminate the service of an employee without notice or payment of compensation in lieu thereof on his being declared mentally or physically disabled for further continuance in service by the approved medical officers. An appeal may lie against the opinion of the Medical Officer provided that it is preferred within a period of one month from the date of such an opinion. The appeal shall be referred by the Company to such Medical Authority as the Company may decide and the opinion of such Medical Authority shall be considered as final and conclusive.
13. RETIREMENT:
13.1 Every employee shall retire w.e.f. the afternoon of the last day of the month in which he attains the age of 60 years.
An employee whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of Sixty.
Extension of service shall not be granted under any circumstances whatsoever to an employee beyond the age of superannuation i.e. 60 years.
13.3 Notwithstanding anything in the above clauses, the appropriate authority shall if he is of the opinion that it is in the interest of the Company to do so, have the absolute right to retire any employee by giving him a notice of three months or three months pay and allowances in lieu of notice, as given below:-
|
|
|
CATEGORY OF EMPLOYEES
|
AGE
|
|
1.
|
|
Unionized staff who entered service before
the date of issue of these Regulations.
|
On attaining 55 years
|
|
2.
|
(a)
|
Unionized staff entering after the date of issue of these regulations.
|
On attaining 55 years
|
|
|
(b)
|
Officers irrespective of the date of entry provided they join service before they had
attained the age of 35 years.
|
On attaining 50 years
|
|
3.
|
(a)
|
Unionized staff entering service after the date of issue of these regulations.
|
On attaining 55 years
|
|
|
(b)
|
Officers, irrespective of their date of entry provided they join the service of the
Company after attaining the age of 35 years
|
On attaining 55 years
|
NOTE :
1. For Unionized staff on promotion to the rank of Officers, the same rules as applicable to Officers would apply:
2. In respect of employees transferred from STC on bifurcation, date of entry in the service of the Company will be reckoned from the original date of entry into STC. Similarly, for deputationists eventually absorbed in the Company, date of entry shall be reckoned from the date of initial entry in Government/other services.
13.4 Similarly, any employee by giving notice of not less than three months in writing to the Competent Authority, retire from the services of the Company after attaining the age of 50 years. Provided, however, where any disciplinary case is pending or contemplated against the employees, the Competent Authority may refuse permission therefor for reasons to be recorded in writing.
14. PROVIDENT FUND AND INSURANCE SCHEME:
Every employee, except those serving on deputation, who is appointed in the service of the Company shall become a member of the:
(1) MMTC Ltd. Contributory Provident Fund
(2) L.I.C. Group Insurance Scheme
Subject to the eligibility criteria prescribed in the respective rules.
15. OTHER FRINGE BENEFITS:
15.1 Every employee who is appointed in the service of the Company shall be entitled to the payment of bonus/ex-gratia in accordance with the Bonus Act and/or instructions issued by the Government on the subject from time to time, if such payments are permissible under the Rules of the Company.
15.2 The employee in the Company will also be entitled to overtime, medical facilities and other fringe benefits as admissible under the Rules of the Company.
16. SERVICE RECORDS:
16.1 A service book shall be maintained in the prescribed form in respect of each employee.
16.2 Every event in an employee’s official career must be recorded in the Service Book. Such entries must be attested by on Officer authorized in this behalf, care being taken to see that there are no erasures or overwritings.
17. CONDUCT AND DISCIPLINE:
17.1 An employee shall serve the Company in such capacity and at such place as he may be directed from time to time. Employees in Grade-I will ordinarily be required to serve at one specified station.
17.2 An employee shall serve the Company efficiently, honestly, loyally and faithfully and shall maintain complete secrecy regarding the affairs of the Company. Every employee is a whole time servant of the Company and may be employed in such manner as he is directed without any claim for extra remuneration. He shall strive his best to promote the interest of the Company.
17.3 An employee shall not absent himself from duty without prior permission of the Competent Authority. Nor shall he/she himself/herself absent from duty in case of sickness or accident without an immediate report duly supported by a medical certificate, issued by the approved Medical Officer with a request as to the period for which leave is sought for. No employee shall leave the station where he/she is posted without obtaining previous permission from his/her immediate superior officers.
17.4 Matter relating to conduct and discipline of the employees will be governed by the Conduct, Discipline and Appeal Rules of the Company.
18. APPLICATION OF OTHER RULES:
Such of the Rules, which have not been referred to but are in force in the Company from time to time, shall apply to the employees of the Company.
19. INTERPRETATION:
Wherever there is any doubt about the meaning or extent of application of any of these Regulations, the decision of the Chairman-cum-Managing Director thereon shall be final and binding.
20. REPEAL AND SAVINGS:
The S.T.C. Service Regulations, 1957 as adopted by this Company is hereby repealed, provided that any order made or action taken under the said Regulations so repealed shall be deemed to have been made or taken under the provisions of these Regulations.
