RIGHT TO INFORMATION
ACT - 2005
The Rules, Regulations, Instructions, Manuals & Record
THE HARYANA STATE SUPPLY AND MARKETING COOPERATIVE
SERVICE (COMMON CADRE) RULES, 1988
1 2 3 Application 4 Definition 5 Categories of posts 6 Appointing Authority 7 Recruitment 8 9 Transfers 10 Probation 11 Seniority 12 Security 13 Training 14 Resignation 15 Retirement 16 Pay & Allowances 17 Leave & Joining Time 18 Conduct & Discipline 19 Penalties 20 Appeal 21 Revision 22 Miscellaneous 23 Letter RCS 24 Annexure `A' 25 Annexure `B'
In exercise of the powers conferred by section 37 of the Haryana Cooperative Societies Act, 1984 and in consultation with the Haryana State Cooperative Supply and Marketing Federation Limited the undersigned being the Registrar, Cooperative Societies Haryana makes following rules regulating the recruitment and conditions of service of the employees working in the Haryana State Cooperative Supply and Marketing Federation Limited and the employees of Common Cadre in member Societies and these shall be known as the Haryana State Supply and Marketing Coop. Service (Common Cadre) Rules 1988.
The Haryana State Supply and Marketing Cooperative Service (Common Cadre) Rules, 1969 are hereby repealed.
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
These rules shall come into force with effect from Twelfth July, 1988.
These rules shall apply to all employees of the Haryana State Cooperative Supply & Marketing Federation Limited and Common Cadre employees working in member societies.
In these rules, unless the context otherwise requires :
a) "Administrative Committee" means the committee constituted by the Board of Directors in accordance with the provisions of the bye-laws.
b) "Board" means the Board of Directors of the Haryana State Cooperative Supply & Marketing Federation Limited.
c) "Bye-Laws" means the bye-laws of the Haryana State Cooperative Supply & Marketing Federation Limited, registered under the Haryana Cooperative Societies Act 1984.
d) "Category of Service" means the category as specified in Annexure`A'.
e) "Direct Recruitment" means an appointment made otherwise than by promotion from within the service or by transfer or by deputation.
f) "Employee" means a person appointed on regular basis in accordance with the provisions of these rules but does not include persons appointed on daily wages/ adhoc basis/ consolidated pay.
g) "Family" means an employee, spouse, unmarried sons, unmarried daughters and parents wholly dependent upon him/her and actually residing with the employee.
h) "Federation" means the Haryana State Cooperative Supply & Marketing Federation Limited.
i) "Government" means the Government of the State of Haryana.
j) "Managing Director" means an Officer appointed by the State Government to the post of Managing director of the Federation.
k) "Chairman" means the Chairman of the Federation.
l) "Officer" means an employee not below the rank of Assistant Secretary/ Manager `A' Grade .
m) "Recognised University" means:-
i) Any University incorporated by law in any of the State of India.
ii) Any other University which is declared by the Government to be recognised University.
n) "Institution" means:-
i) Any institution established by law in the State of Haryana or
ii) Any other institution recognised by Government for the purpose of these rules.
o) "Salary" means basic pay plus Dearness Allowance and any other amount treated as pay as per Government instructions.
p) "Service" means the service of an employee taken on Common Cadre of Haryana State Cooperative Supply & Marketing Federation and its member societies.
q) "Registrar" means the Registrar, Cooperative Societies as defined in the Haryana Cooperative Societies Act, 1984.
r) "Society" means a Cooperative Marketing Society, Marketing-cum-Processing Society or District Wholesale Supply and Marketing Society registered under the Haryana Cooperative Societies Act, 1984 and.
s) "Year" means the Cooperative year from 1st July to 30th June.
The various categories of posts, their nomenclature, pay scales and sanctioned strength shall be as in Annexure `A'.
Provided that the Board shall be competent to add or delete any post or revise the scale of pay of any or all posts or add or reduce the number of posts mentioned in Annexure `A' with the approval of Registrar, Cooperative Societies Haryana.
Authority to make appointments shall vest in the following:-
i) Employees below the pay scale of Rs. 2000-3200 Managing Director ii) Employees in the pay scale of Rs. 2000-3200 and above. Administrative Committee.
Recruitment to the service shall be made in the manner specified in column No. 5 of Annexure `B' to these rules.
GENERAL CONDITIONS RELATING TO APPOINTMENT
The following general conditions shall apply to all appointments to the service :
1) No person shall be appointed to any post in the service, unless he is :-
a) A citizen of India, or
b) a subject of Nepal, or
c) a subject of Bhutan, or
d) A Tibetan refugee who came over to India before the 1st January, 1962 with the
intention of permanently settling in India, or
e) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, East
African Countries of Kenya, Uganda, the United Republic of Tanzania (formerly
Tanganyika and Zanzibar), Zambia, Malawi, Zaire and Ethiopia with the intention of
permanently settling in India.
Provided that a person belonging to any of the categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government.
2) A person in whose case a certificate of eligibility is necessary may be admitted to an examination or interview, but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him by the Government.
3) No person shall be appointed to any post in the service, unless he is in possession of qualifications and experience specified in column 3 of Annexure `B' to these rules in the case of direct recruitment and those specified in column 4 of the aforesaid Annexure in the case of appointment other than by direct recruitment.
4) No person shall be appointed to the service by direct recruitment :-
i) If he is less than 18 years old or above 40 years in age in respect of non technical post
of all categories. The relaxation of upper age limit in respect of S.C./S.T./B.C. and ESM
will be given as per Haryana Govt. Policy.
ii) If he has previously been dismissed from the service in Government Department or
Institution or has been convicted by a court of law and such dismissal or conviction was
as a result of some act of moral turpitude.
iii) Unless he produces a certificate of character from the Principal Officer of the University,
College, School or Institution last attended, if any, and similar certificate from two other
responsible persons, not being his relatives who are well acquainted with him in his
private life and are unconnected with his University, College, School or Institution.
iv) Unless he has been certified to be of sound constitution and medically fit to discharge
his duties by the Chief Medical Officer.
5) No person :-
a) who has entered into or contracted a marriage with a person having a spouse living; or
b) who have a spouse living, has entered or contracted a marriage with any person, shall be eligible for appointment to any post in the service :
Provided that the Board may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this rule.
Note : 1. Appointment to the service by promotion shall be made on the basis of seniority-cum-merit and no employee shall have the right to promotion by virtue of seniority alone.
2. Promotions shall be made by the Appointing Authority from lower post(s) to higher post(s) in the manner as specified in Annexure `B'.
Provided that no employee shall have the right to promotion to different category of post than that which is provided in Annexure 'B'.
A person in the service shall be liable to serve throughout the State of Haryana or even outside the State where Federation operates or intends to operate its activities. The members of Service shall further be liable to serve in various societies where corresponding equivalent posts as specified in Annexure `A' exist or any other post, created thereafter. For such transfers, Managing Director shall be competent authority.
Provided that District Manager will not be posted in his home district and that the Field Inspectors and other managerial personnel shall not be posted in their home tehsil.
1) Persons appointed to any post in the service shall remain on probation for a period of two years, if appointed by direct recruitment and one year, if appointed by promotion:-
Provided that:-
a) any period after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation;
b) any period of work in equivalent or higher rank, prior to appointment to the service may, in the case of an appointment by transfer, at the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and
c) any period of officiating appointment shall be reckoned as period spent on probation.
2) If, in the opinion of the appointing authority the work or conduct of a person during the period of probation is not satisfactory, it may:-
a) if such person is appointed by direct recruitment, dispense with his service; and
b) if such person is appointed otherwise than by direct recruitment :-
i) revert him to his former post; or
ii) deal with him in such other manner as the terms and conditions of the previous appointment permit.
3) On the completion of the period of probation of a person, the appointing authority may :-
a) if his work or conduct has, in its opinion, been satisfactory, declare that he has completed his probation satisfactorily.
b) if his work or conduct has in its opinion been not satisfactory :-
i) dispense with his service, if appointed by direct recruitment, revert him to his former post or deal with him in such other manner as the terms and conditions of previous appointment permit, if appointed by promotion; or
ii) extend his period of probation and thereafter pass such order, as it could have passed on the expiry of the first period of probation;
Provided that the period of probation shall not be extended by more than one year.
Seniority, interse of members of the service shall be determined by the length of continuous service on any post in the service.
Provided that where there are different cadres in the service, the seniority shall be determined separately for each cadre.
Provided further that in the case of members appointed by direct recruitment, the order of merit determined by the recruiting authority shall not be disturbed in fixing the seniority;
Provided further that in the case of two or more members appointed on the same date, their seniority shall be determined as follows:-
a) a member appointed by direct recruitment shall be senior to a member appointed by promotion or by transfer.
b) a member appointed by promotion shall be senior to a member appointed by transfer.
c) in the case of members appointed by promotion seniority shall be determined according to seniority of each member in the appointments from which they were promoted.
d) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member, who was drawing a higher rate of pay in his previous appointment, and if the rates of pay drawn are also the same, then by the length of their service in the appointments and if the length of such service is also the same, the older member shall be senior to the younger member.
The members of the service shall furnish such security/ service bond in favour of the Federation as may be decided by the appointing authority with the approval of Registrar.
Provided that the Board of Directors may relax the condition of fulfilment of bond in individual cases for reasons to be recorded in writing.
a) The Managing director may depute any employee of the federation to undergo any course of training connected with the business of the societies and the Federation.
Provided that approval of Board of Directors shall be obtained for deputing any employee for training outside the country subject to restrictions imposed by Government through the Registrar from time to time.
b) The employee deputed for training for a period of three months or above shall be required to execute a bond to serve the Federation for a period of three years after completion of training failing which he shall be required to refund the entire cost of training.
Provided that the Board of Directors may relax this condition of refunding the cost of training in individual cases for reasons to be recorded in writing.
c) The employee deputed for training sponsored by any other organisation shall be required to comply with the terms and conditions of such sponsorship.
d) The entire salary for the training period shall be paid by the society in which an employee is serving, if the training is for a period of 30 days. The salary for any training beyond 30 days shall be paid by the federation.
Any employee may resign from the service of the Federation by giving one month notice or by depositing one month's pay and allowances in lieu thereof.
Resignation will be deemed to be operative only after it has been accepted by the competent authority.
In case where the appointing authority is other than the Managing Director, the Managing Director, in his discretion owing to special circumstances of each case, may accept the resignation.
a) Every employee shall retire from the service on the afternoon of the last day of the month in which he attains the age of 58 years.
Provided that the age of retirement for class IV employees shall be 60 years.
Provided further that the employee, whose date of birth is the first of month, shall retire on the afternoon of the last day of the preceding month on attaining the age of 58 or 60 years, as the case may be.
b) no employee shall be retained in service after the age of retirement except in exceptional circumstances with the sanction of the Board in Federation's interest, which must be recorded in writing subject to the approval of Registrar.
c) The Appointing authority shall, if it is of the opinion that it is in the Federation's interest so to do, have the absolute right to retire any employee, other than class IV employees, by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice:-
i) for employees drawing pay in the scale of Rs. 2000-3200 or above and if he had entered service before attaining the age of 35 years, after he has attained the age of 50 years; and
ii) all employees drawing pay below Rs. 2000-3200 and for the employees mentioned in (i) above who entered service after attaining the age of 35 years; after attaining the age of 55 years.
The employee stands retired immediately on payment of three months pay and allowances in lieu of notice or on expiry of the notice period and will not be in service thereafter.
d) An employee other than class IV employee, may, by giving a notice of not less than three months, in writing to the appointing authority, retire from service :-
i) If he is in the scale of Rs. 2000-3200 or above and entered service before attaining the age of 35 years, after he has attained the age of 50 years.
ii) If he is an employee in the scale below Rs. 2000-3200 except class IV employee or an employee in the scale of Rs. 2000-3200 or above and entered the service of Federation after attaining the age of 35 years, after he has attained the age of 55 years.
Provided that it shall be open to the appointing authority to withhold permission to an employee under suspension who seeks to retire under this clause.
PAY, ALLOWANCES AND OTHER CONDITIONS
16. 1) PAY
Unless anything is otherwise contained in these rules, an employee appointed to any post in the service shall draw the pay of the post in the scale given in Annexure `A' as sanctioned/ revised from time to time with the approval of Registrar.
2) ALLOWANCES
a) Dearness allowance and City Compensatory Allowance as sanctioned by Government from time to time shall be released by the Managing Director.
b) The Board may prescribe Conveyance allowance to its employees subject to the approval of Registrar.
c) House rent allowance shall be allowed at Government rates.
d) Leave travel concession shall be allowed to the employees as per State Government instructions issued from time to time.
e) Class IV employee and drivers may be supplied uniform and liveries as per norms fixed for such Government employees from time to time by the Government.
NOTE : 1. Pay and allowance for the period of duty shall be paid to an employee by the society/Federation where the duty is performed. However the subsistence allowance for the period of suspension and/ or other emoluments for that period shall be paid by the Federation.
2. For the period of leave other than Casual leave, the pay and allowances shall be paid by the federation.
3. The society shall pay to the Federation the contribution towards leave salary, provident fund, gratuity, ex-gratia amount etc. at the rates intimated to them in respect of employee under Common Cadre working with them. The Federation shall maintain separate accounts for these contributions received from the societies and these funds shall be administered by Managing Director.
3) PAY FIXATION AND GRANT OF INCREMENTS
a) If an employee is promoted from a post of lower category to a post of higher category, his initial pay in the higher post shall be fixed at a stage in the new pay scale above the stage which works out in the pay scale of the lower post from which he is promoted after adding amount of the increment to the pay he is actually drawing at the time of promotion.
b) Annual increment in the pay scale shall accrue to an employee normally on the first day of the month in which he completes one year service at a stage in the pay scale unless it has been specifically with-held by an order in writing.
Provided that the annual increment of an employee who is on leave, except casual leave on the first day of the month, shall actually be drawn from the date of resuming duty on return from leave.
c) The following periods shall count for completing the period of one year for the purpose of grant of annual increment:-
i) Period of duty in the post.
ii) All periods of leave with pay.
iii) Period of officiating service in higher post in the service provided the employee would have worked in the lower post but for his promotion to the higher post.
iv) Period of suspension if treated as duty by competent authority.
v) All periods of leave on half pay.
vi) Leave without pay upto 120 days taken on medical grounds.
Note : Increment at the efficiency stage shall be considered and allowed by the competent authority on the basis of annual confidential reports and in accordance with the instructions issued by Government from time to time in this behalf.
4) TRAVELLING ALLOWANCE
Travelling allowance on tour, transfer and training shall be the same as applicable to the Government employees from time to time.
5) PROVIDENT FUND
Except the employees on deputation from Government all employees of the Federation shall be entitled to the benefit of contributory provident fund as per the provisions of the Employees Provident Fund Act 1952.
6) BONUS
All employees shall be allowed bonus as per the provision of Bonus Act, as amended from time to time subject the approval of Registrar.
7) GRATUITY
All employees shall be eligible for payment of gratuity under the Payment of Gratuity Act, 1972.
8) MEDICAL REIMBURSEMENT
Medical reimbursement shall be allowed to the employees as per instructions issued by Registrar from time to time.
(1) Subject to the provisions of these rules following kinds of leave may be granted to an employee:-
(i) Causal leave
(ii) Earned leave
(iii) Half pay leave/Commuted leave
(iv) Extra-ordinary leave
(v) Maternity leave
(vi) Study leave
(2) The authorities empowered to grant various kinds of leave to the employees are given in Annexure 'C'. Such authorities shall also be competent to refuse leave or recall an employee at any time during his leave period without assigning any reason.
(3) Commencement and Termination of Leave
The first day of an employee's leave is the working day succeeding that upto which he hands over the charge and the last day is the working day preceding that on which he reports for duty. The employee before proceeding on leave shall intimate to the competent authority his leave address and shall inform the authority of any change in the address previously furnished. The employee shall return to duty to the place from which he proceeded on leave unless otherwise instructed.
4) Calculation of various kinds of Leave
(a) Casual Leave
(i) 10 days in a year for employees having service upto 10 years.
(ii) 15 days in a year for employees having service more than 10 years and upto 15 years.
(iii) 20 days in a year for employees having more than 15 year service.
(b) Earned Leave.
(i) 1/24th of the period spent on duty during the first 10 years of service.
(ii) 1/18th of the period spent on duty during the next 10 years of service and
(iii 1/12th of the period spent on duty thereafter.
(iv) Accumulation of earned leave shall be permissible to any extent but the maximum earned leave that may be ranted at a time to an employee shall be 120 days.
(c) Half Pay Leave.
(i) 20 days half pay leave will be admissible to an employee in respect of each completed year of service.
(ii) Half pay leave due may be granted to an employee on medical certificate or private affairs upto a maximum of 240 days and twice the amount of such leave shall be debited against the half pay leave due.
(iii) The total duration of earned leave and commuted leave taken in conjunction shall not exceed 240 days.
Provided that no commuted leave may be granted under this rule unless the authority competent to sanction leave has reason that the employee will return to duty on its expiry.
(d) Extraordinary Leave.
Extraordinary Leave may be granted to an employee in special circumstances:-
(i) When no other leave is admissible, or
(ii) When other leave is admissible but the employee concerned applies in writing for the grant of extra-ordinary leave.
(iii) The authority empowered to grant leave may commute retrospectively period of absence without leave into extra ordinary leave previously granted into a leave of different kind if the latter type of leave was admissible at the time extraordinary leave was granted.
(e) Maternity Leave
(i) The competent authority may grant maternity leave to a female employee for a period not exceeding 3 months from the date of its commencement. Leave salary equal to the pay drawn immediately before proceeding on leave shall be paid during maternity leave and it shall not be debted against leave account.
(ii) Any other kind of leave may be permitted to be prefixed to maternity leave without insisting on a medical certificate. But any leave applied for in continuation of the maternity leave may be granted only if the request is sported by a medical certificate.
NOTE: (1) The term pay includes officiating pay provided the authority sanctioning the leave certificates that the employee would have continued to officiate had she not proceeded on leave.
(2) Maternity leave may also be granted in case of mis-carriages including abortion subject to the condition that the leave does not exceed six weeks and the application for leave is supported by a certificate from a registered Medical Practitioner. The certificate of a Chief Medical Officer or Deputy Chief Medical Officer or Gazetted Medical Officer may however be called for in case of doubt.
(3) Maternity leave shall not be admissible to a female employee having more than two living children. In such cases leave of the kind due or extra-ordinary leave will be allowed.
(f) Study Leave.
Leave may be granted in the interest of Federation to an employee on such terms as may be prescribed by general or special orders of the competent authority to enable him to study scientific, technical or similar problems or in undergo special courses of instructions. Such leave shall not be debited against the leave account.
NOTE: Orders issued by the Government in dealing with such cases will be followed.
(5) Encashment of Earned Leave.
Encashment of earned leave upto 240 days shall be admissible, if due at the time of retirement including pre-mature retirement or in case of death of an employee during service his heir can claim encashment of earned leave due subject to the limit of 240 days or as amended by Government from time to time.
(6) Joining Time.
Joining time may be allowed to an employee to enable him to join duty at a new station on promotion or transfer.
The permissible limit and the method of calculation is given in Annexure ‘C’. The authority ordering transfer may reduce the joining time in special circumstances.
Such employees shall be eligible to avail special leave in lieu of unavailed joining time afterwards.
(1) General.
Every employee shall at all times:
(i) maintain absolute integrity:
(ii) maintain devotion to duty and
(iii) do nothing which is unbecoming of an employee of the Federation.
(iv) abide by and comply with the regulations of the Federation and all orders and directions of the superiors.
(v) Discharge his duty to the best of his ability in the interest of the Federation.
(vi) no employee shall in the performance of his official duty in the exercise of the powers conferred on him, act otherwise than his best judgement except when he is acting under the directions of his superiors.
(2) Taking part in political activities and Elections:
(i) No employee shall be member of or be otherwise associated with any political party or any organization which takes part in political activities nor shall he take part in election, subscribe in aid or assist in any other manner any political movement or activity.
(ii) An employee qualified to vote at such election may exercise his right to vote.
(iii) No employee shall be office bearer at any cooperative society which is a member of the Federation.
(3) Joining of Association by Employees.
No employee shall join or continue to be member of association the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order or morality or to the interest of the Federation.
(4) Demonstration & Strikes.
No employee shall engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or which involve contempt of court, defamation or incitement to an offence.
(5) Criticism of Federation & State Government.
No employee shall in any radio broadcast or any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion:
(a) Which has the effect of any adverse criticism of any policy or action of the Federation.
(b) Which is capable of embarrassing the relations between the Federation, State Government, Central Government of any Foreign State:
(c) Which is capable of embarrassing the relations between the Federation and any other organization.
Provided that nothing in this regulation shall apply to any statement made or views expressed by an employee in his official capacity; or in the due performance of the duties assigned to him.
(6) Evidence before Committee or any other Authority.
(i) Save as provided in sub-rule (ii) no employee shall except with the previous sanction of the Managing Director give evidence in connection with any inquiry conducted by any person committee or authority.
(ii) Where any sanction has been accorded under sub-rule (I) no employee while giving such evidence shall criticise the policy or any action of the Federation.
(iii) Nothing in this regulation shall apply to :-
(a) Evidence given at inquiry before an authority appointed by the Federation, Government, Parliament or a State Legislature: or
(b) Evidence given in any judicial inquiry;
(c) Evidence given at any departmental inquiry ordered by the Managing Director, Administrative committee or Board of Directors or any other officer empowered under these rules to order a departmental enquiry.
(7) Unauthorized Communication of Information.
No employee shall, except in accordance with any general or special order of the Federation, the Executive Committee or his superior officers or in the performance in good faith of the duties assigned to him communicate directly or indirectly the contents of any official documents or any part thereof or other information to any other employee or any person to whom he is not authorised to communicate such contents or information.
(8) Gifts.
No employee shall accept or permit any member of his family or any person acting on his behalf to accept:
(a) Any illegal gratification; or
(b) Pecuniary advantage or gifts etc., from any person or agent having dealing with the Federation except as prescribed by Government for government employees.
(9) Prohibition of Dowry.
No employee shall :
(i) Give or take or abet the giving or taking of dowry; or
(ii) Demand, directly or indirectly, from the parents of guardian of a bride or bridegroom, as the case may be, any dowry.
(10) Private trade or employment.
No employee shall engage himself directly or indirectly (in the name of his/her family member or relations) in any trade or business or undertake any other employment.
Provided that an employee, may without such sanction undertake honorary work of a social or charitable nature or work of literary, artistic or scientific or cooperative or educational character, subject to the condition that his official duties do not thereby suffer.
Provided that an employee may take part in an honorary capacity in registration, promotion or management of a cooperative society and which is required to be registered under the cooperative society Act or any other laws for the time being in force, or of a literary, scientific or charitable society required to be registered under the Societies Registrations Acts or any corresponding law in force.
(11) Insolvency & Habitual Indebtedness.
(i) An employee shall so manage his private affairs to avoid habitual indebtedness or insolvency.
(ii) An employee against whom any legal proceedings is instituted for the recovery of any debt due form him or for adjudging him as an insolvent shall forthwith report the full facts of the legal proceedings to the Federation.
Note: The burden of proving that the insolvency or indebtedness was the result of circumstances which with the exercise of ordinary diligence, the employee could not have foreseen or over which he has no control, and had not proceeded from extravagant or dissipated habit, shall be upon the employee.
(12) Consumption of Intoxicating drinks & drugs.
An employee shall:
a) strictly abide by the law relating to intoxicating drinks and drugs in force in the area in which he may happen to be for the time being;
b) take due care that the performance of his duties is not affected in any way by the influence of any intoxicating drinks and drug;
c) not appear in a public place in a state of intoxication.
d) Not habitually use any intoxicating drink or drug in excess.
(13) Vindication of acts and character of employees.
a) No employee shall, except with the previous sanction of the Managing Director have recourse to any court or to the press for vindication of any official act which has been the subject matter of adverse criticism or an attack of a defamatory character.
b) Nothing in this rule shall be deemed to prohibit an employee from vindicating his private character or any act done by him in his private capacity and where any action for vindicating his private character or any act done by him in private capacity is taken, the employee shall submit a report to the Managing Director regarding such action.
(14) Prohibition to absence without leave.
An employee shall not absent himself from his duties or from the station of his posting without having first obtained the permission of the competent authority.
(15) Certain acts constituting misconduct are stated below:
a) Willful insubordination or disobedience, whether in alliance with a co-employee or not, of any lawful and reasonable order of superiors:
b) Willfully avoiding work or abatement or instigation thereof:
c) Theft, fraud, misappropriation or dishonesty in connection with employer’s business or property.
d) Habitual absence without leave, overstaying the sanctioned leave without sufficient grounds or proper and satisfactory explanation or habitual late attendance:
e) Commission of any act subversive of discipline or good behaviour in the premises or establishment such as drunkenness, riotous, disorderly or indecent behaviour, gambling or taking or giving bribes or any illegal gratification of any kind whatsoever:
f) Willful damage to work or goods in process or to any property or the establishment.
g) Habitual neglect of work or gross or habitual negligence;
h) Disclosing to an unauthorized person any information with regard to the establishment which may come into the possession of the employee in the course of his work;
i) Indulging in scurrilous attacks against the management and other superiors of the employee in his official capacity;
j) Delivering speeches or raising slogans tending to incite workers to violence.
k) Contempt of regulations and disrespect of authority and general affront to the management, amounting to misconduct;
l) Impertinent, rude and disrespectful language which is subversive to discipline.
PENALTIES
(1) Notwithstanding anything contained in any other regulation and without prejudice to such action to which an employee becomes liable under any other law or regulation for the time being in force, the following penalties may be imposed for good and sufficient reasons on any member of the service:
MINOR PENALTIES:
(a) Censure.
(b) Warning with a copy to ACR,
(c) Withholding of increments without cumulative effect.
(d) Recovery from pay or such other amount as may be due to him of the whole or part of any pecuniary loss caused to Federation/Society/Societies by negligence or breach of orders.
(e) Withholding of promotion for a specified period.
MAJOR PENALTIES;
(f) Reduction to a lower category.
(g) Removal from service.
(h) Dismissal from service.
(i) Withholding of increments of pay with cumulative effect.
Explanation: The following shall not amount to a penalty within the meaning of this rule:-
(i) Termination of service or reversion to lower service grade or post of an employee appointed or promoted on probation either during or at the end of the probation initial or extended as the case may be.
(ii) Termination of service in accordance with the terms of appointment of an employee.
(iii) Discharge of an employee for want of vacancy or as a measure of retrenchment.
(iv) Reversion of an employee promoted from a lower post to the higher post to such lower post for want of vacancy.
(v) Suspension.
(2) a) No disciplinary proceedings shall be initiated against an employee unless the charge(s) on which it is proposed to take disciplinary action against him have been communicated in writing and he has been given a reasonable opportunity of showing cause against the action proposed to be taken.
b) If the authority competent to impose penalty, after consideration of the reply to the chargesheet, is of the opinion that any of the penalties specified at (a) to (e) above should be imposed on the employee, it shall make an order imposing such penalty and it shall not be necessary to give the employee any opportunity of making representation on the penalty proposed to be imposed.
c) In other cases the competent authority may hold an enquiry into the charge(s) or cause such an enquiry to be held by an officer superior in rank to the person against whom the action is proposed to be taken with the purpose of ascertaining the truth or otherwise of the charge(s). In that event the employee concerned shall be permitted to cross examine witness deposing against him and also to adduce evidence in defence and examine the relevant documents but shall not be permitted to engage a lawyer during the enquiry.
On receipt of the enquiry report the competent authority shall apply its mind and come to the conclusion regarding the punishment to be awarded. In case the authority does not agree with the findings of the Inquiry Officer it will record a note of dissent giving detailed reasons for disagreement. Thereafter show cause notice shall be issued to the delinquent mentioning therein the proposed penalty. A copy of the enquiry report alongwith the note of dissent, if any, shall accompany such show cause notice and the employee will be given reasonable time (say 15 days) to submit his reply.
On receipt of the reply to the show cause notice the competent authority shall pass final order with regard to the punishment to be awarded after considering the reply to the show cause notice.
(3) Notwithstanding anything contained in these rules, the services of an employee who is convicted by competent court for an offence involving moral turpitude shall be terminated forthwith by the Managing Director.
(4) The authority specified in column (3) below shall in respect of an employee of the description specified in column (2) thereof be competent to impose the penalty specified in column (4) thereof:-
S.No. Description of employee Authority competent to impose penalty Nature of penalties 1. Employees drawing pay below the pay scale of Rs. 6500-10500 (revised). i) Managing Director Major penalties as specified in (f),(g) and (h) or Rule 19(1). ii) Secretary Minor penalties as specified in (a) to (e) or Rule 19 (1). 2. Employees drawing pay scale of Rs. 6500-10500 or above (revised) i) Administrative Major penalties as in the specified in (f), (g) and (h) of Rule 19 (1) ii) Managing Director Minor penalties as specified in (a) to (e) or Rule 19 (1).
(4) a) The Managing Director may suspend an employee against whom disciplinary action is proposed to be taken.
Provided that an employee arrested on charge of dishonesty or moral turpitude shall be deemed to have been suspended automatically with effect from the date of arrest.
b) An employee under suspension shall be entitled to a subsistence allowance equal to 50% of his salary;
Provided when the period of suspension exceeds six months the authority making the suspension order shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of first six months as follows :-
i) the amount of subsistence allowance may be increased by 50% of the subsistence allowance admissible during first six months if the suspension has been prolonged for reasons, to be recorded in writing, not directly attributable to the employee.
ii) The amount of subsistence allowance may be reduced by an amount not exceeding 50% of the subsistence allowance admissible during first six months if the period of suspension has been prolonged due to the reasons, to be recorded in writing, directly attributable to the employee.
c) In addition to the amount mentioned in (b) above the employee shall be entitled to any other compensatory allowance admissible on the basis of pay of which the employee was in receipt on the date of suspension subject to the fulfilment of other conditions laid down for the drawl of such allowances.
d) When an employee placed under suspension is reinstated the competent authority shall consider and make specific orders with regard to the pay and allowances to be paid for the period of suspension and whether or not the said period shall be treated as duty.
Provided that where the said authority is of the opinion that the employee has been fully exonerated or that the suspension was wholly unjustified the employee shall be given the full pay and allowances to which he would have been entitled had he not been suspended and the period shall be treated as duty for all purposes.
In other cases the employee shall be given such proportion of such pay and allowances as the competent authority may prescribe keeping in view the extent to which the employee has been found guilty. In such cases the period of suspension shall not be treated as duty unless such competent authority specifically directs that it shall be so treated for any specified purpose.
Provided further that such proportion of such pay and allowances shall not be less than the subsistence allowance admissible under clause (b) & (c) above.
NOTE : The payment of subsistence allowance is subject to the furnishing of a certificate by the employee to the satisfaction of the authority which suspended him that he is not engaged in any other employment, business, profession or vocation.
(5) The Managing director shall be competent in all cases to issue chargesheet, obtain explanation, appoint and Enquiry Officer and serve a notice for showing use against the action proposed to be taken against an employee. The final punishment shall however, be imposed by the competent authority mentioned in clause (4) above.
a) An appeal against the order of Managing Director/Administrative Committee imposing any penalty shall lie to the Board of Directors.
b) The appeal shall be submitted within a period of 60 days from the date on which the applicant receives a copy of the order appealed against. The appellate authority may, however, entertain any appeal within 90 days of the said date if the applicant had sufficient cause for not submitting the appeal in time.
c) Every appeal shall be submitted through the Managing Director who shall place the same before the appellate authority.
d) The appellate authority may, after consideration of the case :-
i) set aside, reduce, confirm or enhance the penalty;
or
ii) remit the case to the authority which imposed penalty with such directions as it may deem fit in the case.
Provided that before enhancement of penalty the appellate authority will give notice to the appellant to show cause against the proposed enhancement.
In the case of employees of the Common Cadre a revision petition against the decision of the Board shall lie with the Register within 90 days of such decision.
OTHER MISC. RULES APPLICABLE TO THE STAFF
1) Promotion of Small Family
The employees shall be eligible to the special increment and other benefits for promoting Small Family in accordance with the instructions issued by Government from time to time.
2) Employment of dependent in case of Death during Service
Ex-gratia grant, employment and other concessions to the dependents of the employee who dies during service or is disabled during service shall be given as per instructions issued by Government from time to time.
3) Military Service Benefit
Benefit of Military service to the Ex-servicemen employees joining Hafed will be allowed as per the Punjab government National Emergency (concessions) Rules 1965 as amended from time to time and instructions issued thereunder.
4) Conveyance Allowance to Blind and Orthopaedically Handicapped Employees
Conveyance allowance to blind and orthopaedically handicapped employees shall be allowed in accordance with the instructions issued by Government from time to time.
5) Property Return
Every employee of the Federation shall submit property return of his moveable and immoveable property in the proforma at annexure 'D' in the month of July every year.
6) Annual confidential Reports
Annual Confidential Reports on the work and conduct of the employee will be recorded and maintained in head office in accordance with the instructions issued from time to time.
7) Staff Welfare Fund Rules
The Board of Directors shall be competent to frame rules for the constitution and utilisation of staff welfare fund and these rules shall form part of the service rules.
8) Loan to Staff Members
Conveyance, House building and marriage loan shall be granted to an employee as per State Government Rules as amended from time to time, as per scheme approved by Registrar under Section 64 of the Haryana Cooperative Societies Act, 1984.
9) Reservation
Nothing contained in these rules shall affect reservation and other concessions required to be provided for Scheduled Castes Backward Classes and other categories in accordance with the orders issued by the State Government in this regard from time to time, under clause (4) of article 16 of the Constitution of India.
Where the Managing Director is of the opinion that it is necessary or expedient so to do, he may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons with the prior approval of Board of Directors and the Registrar.
if any doubt arises at any time as to the interpretation of these rules or their application notwithstanding anything contained in these rules, the matter will be referred to the Registrar, whose decision shall be final.
Where these rules are silent, the provisions of Haryana Civil Services Rules will apply.
[ CM's Message][ About Us ] [ Operations ] [ Products ] [ Exports ] [ New Projects ]
[ Tenders ] [ Contact Persons ] [ Trade Enquiry ] [ Home ]