SERVICE REGULATIONS
1. Short Title and Commencement
(a) These regulations may be called the Manganese Ore (
Regulations.
(b) These regulations shall come into force with effect
from such date as may be
decided by the Board and supersede existing
rules on the subject.
2. Interpretation:
In these
regulations, unless the context otherwise requires
(a)
Appointing Authority’ means the Board of
Directors, Chairman-cum-
Managing Director of the Company or any other Officer to whom the
Chairman-cum-Managing Director has specifically authorised
or delegated
power in this behalf.
(b)
`Board’ means
the Board of Directors of the Company
(c)
`Company’ means
the Manganese Ore (
(d)
`Chairman-cum-Managing
Director’ means the Chairman-cum-Managing
Director of the Company.
(e)
`Day’
means a Calendar day beginning and
ending at midnight.
(f)
`Employee’
means any person who holds a post under the Company other than a Casual
employee, a member of the work charged establishment, a person paid from
contingencies or a person whose condition of service are governed by the
standing orders framed under the Industrial Employment (Standing Orders) Act,
1945, and includes any person whose service are temporarily placed by the
Company at the disposal of the Central Government. A State Government a Government Industrial Undertaking or a
local or other authority.’
(g)
`Lien’ means
the title of an employee to hold substantively, either immediately or on the
termination of a period or periods of absence, a permanent post to which he has
been appointed substantively.
(h)
`Regulations’ means the Manganese Ore (
(i)
Words denoting the
masculine gender shall include the feminine gender and
(j)
Words denoting
the singular number shall include the plural number and vice versa.
3. Application and Scope:
Subject
to sub-clause (f) of Regulation 2 above, the regulations shall apply to all employees
whose conditions of service the Company is competent to regulate, including
employee whose service may be temporarily placed at the disposal of the Central
Government, a State Government, A Government Industrial Undertaking or a local
or other authority. In respect of
persons who may be required to execute a formal contract, these regulations
shall apply in so far as they are not inconsistent with any provision of the
contract, and in respect of any matter not covered by the Contract. Employees to whom the Industrial Disputes
Act, 1947 and the Industrial Employment (Standing Order) Act apply, shall be
governed by these regulations subject to the provisions of the Act and relevant
standing orders and in respect of such matters which are not covered by the
Standing Orders.
Provided
that employees of the Central
Government, a State Govt., A Government Industrial Undertaking or a
local or other authority, whose service are temporarily lent to the Company
shall, while holding a post under the Company governed by the terms of their
deputation as mutually agreed upon between the Company and the lending
authority. These Regulations shall not
apply to the Officers who are appointed by the Central Government.
4. If the
Board is satisfied that, in the special circumstances of any case, it is
necessary or expedient so to do, it may relax the provisions of these
regulations in such a case. As a general
relaxation, however, in the event of death of an employee of the Company while
on duty one of his dependants may be given preference for employment in the
Company in a suitable post provided he/she fulfills all conditions and
qualifications etc. prescribe for such appointment.
5. No new
regulations or altercations in the existing regulations shall have force until
such new regulations or alterations have been approved by the Board.
6. Any matters
not provided for in these regulations shall until requisite provisions in that behalf are made in these regulations, be dealt with
and disposed of by the Board hose decision will be final.
7. SENIORITY
Seniority shall be determined by the
order in which appointment are made to any category of posts.
Provided that where more than one
person is selected simultaneously for the same category of post by a Selection
Committee, the seniority of such person, inter-se, shall be as recommended by
the selection Committee, and in the absence of such recommendation, be
determined by the date
of joining and if more than one person join on the same date, by seniority in age of the
candidates.
Provided further that the seniority
of a person whose services are obtained on deputation and who is subsequently
absorbed in the service of the Company
shall be determined with reference to the date of his joining the Company on deputation in that
post.
“
Seniority of employees recruited as trainees shall count from the date of their
appointment to a regular post in the grade on completion of prescribed period
of training and in cases where two or more trainees are appointed on the same
date to the grade or where the training in respect of some of the candidates
is extended for a period of not more
than one month on account of late joining of the course (for which a specific orders are issued by the
Company) their seniority will be
determined in accordance with their ranking in the merit list at the time of selection trainees”.
In order to make the position clear and to
evolve uniform procedure in the determination of the seniority in any particular
category of posts, the following principles shall be followed:-
i)
The grant of an
initial pay, higher than the minimum of the scale, will not in itself confer on
an employee, seniority above those who are drawing lower pay, in the particular
category of posts.
ii)
Candidates
selected for appointment at an earlier selection shall be senior to those
selected later, irrespective of dates of their joining, provided the candidate
selected joins not later than three
months from the date of issue of appointment letter.
Candidates
selected for appointment at an earlier selection shall be senior to those
selected later, irrespective of dates of their joining, provided the candidate
selected joins not later than three months from the date of issue of appointment
letter.
Candidates
duly selected for promotion at an earlier date shall be senior to those
selected for promotion at a subsequent selection.
iii)
Any case of seniority not covered by the above
provisions shall be decided by the Appointing Authority in accordance with the
provisions contained in Regulation 6 above.
8. GENERAL CONDITIONS OF SERVICE:
1)
No person who
has directly or indirectly by him self/herself or his/her partner or agent, any
share or interest in any contract by or on behalf of the Company or in any
employment under, by or on behalf of the
Company, otherwise then as an employee thereof shall become or remain an
employee of the Company. The decision of
the Appointing Authoroty , as to whether a person
appointed or to be appointed to a post has a direct or indirect interest in any
contract, shall be treated as final.
2)
No person shall
be appointed to a post under the Company unless he/she furnish a medial
certificate of witness in such form from such medical authority and within such
period of time, as may from time to
time, be prescribed by the Company.
3)
Every person
appointed to a post under the Company shall on assuming Office, take on oath of
allegiance to the Constitution of India devotion to duty and honest to the
Company in such form as may be prescribed by the Company. Any individual who has been dismissed by a
Govt. Department and/or an Undertaking in Public or Private Sector, shall not
be appointed under the Company.
4)
No person who
has more than one wife living, or who having a spouse living, marries in any
case in whch such marriage is void by reason of its
taking place during the life time of such spouse, shall be eligible for
appointment to a post under the Company, provided that the CMD may if he is
satisfied that there are special grounds for so ordering, exempt any person
from the operation of this clause.
5)
No woman whose
marriage is void by reason of the husband having a wife living at the time of
such marriage or who has married a person who has a wife living at the time of
such marriage shall be eligible for appointment to a post under the Company.
Provided that the Company may,
if it is satisfied that there are special
grounds for so ordering exempt any
person from the operation of this clause.
6)
Every person on
first appointment to a post under 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 during the life time of his wife, without prior
permission from the Company, even if such subsequent marriage is permissible
under the personal law applicable to him.
7)
No person being
a partner or relative of Director of the Company within the meaning of Section
314 of the Company’s Act, 1956, shall be appointed to a post under the Company
except with the previous consent of the Board, accordance by special
resolution. Every person on first
appointment to a post under the Company shall sign a declaration to the effect
that hs is not a partner or a relative of a Director
of the Company within the meaning of section 314 of the Company’s Act, 1956 and
that, in the event of acquiring such relationship he would notify the fact to
the Company.
8)
The whole time
of an employee will be at the disposal of the Company, and every employee may
be employed in any manner in the service of the Company without any claim for
additional remuneration. Every employee
shall be liable to be transferred to a post at the Head Office or in any Mines
owned by the Company at the discretion of the Management.
9)
An employee
shall unless the appointing authority, for reason to be recorded in writing
otherwise directs, be on probation for a period of one year from the date of
commencement of his service.
Provided that the period of
one year may be extended or reduced in any case by the appointing authority.
During the period of probation, an employee shall be liable to be discharged
without notice and without any reason being assigned unless he is a promotee in which case he will be reverted to the earlier
post. During the period of probation the
employee shall have the right of resigning from the service of the Company
after given one month’s prior notice in writing of his intention to resign, or
after paying to the Company a sum equal to his pay for one month, in lieu of
notice.
Provided that if in any case
a shorter notice than one month is given the employee shall pay to the Company,
a sum equal to his pay for the period by which the notice given, falls short of
one month.
Provided further that the
appointing authority may waive payment in lieu of the period of notice in
exceptional circumstances.
10)
Probationary
period shall count as service towards increment and leave only if the probation
is on the time scale of pay prescribed for the post to which the employee has
been appointed wherever such time-scale exists and not at a probationary stage
outside such time scale. Provided that
where the period of probation is extended all the due increments shall be granted
from the date
completion of probation so extended and no arrears shall be paid.
The date of next increment will be
according to the date of confirmation.
Further that, in the case of
probationer, appointed on probation to a permanent post, probationary
period shall count as service towards
leave only if it is followed by
confirmation.
11)
Not more than
one employee shall be appointed to a post at a time nor shall an employee be
appointed except in an Officiating capacity in a leave vacancy with the formal
approval of the Competent Authority.
12)
The
service of an employee in permanent employment may be terminated by the
Company if;
(a) his post is abolished ; or
(b) he is declared on medical grounds to be unfit for
further service; or
(c) he is declared insolvent by a Competent Court of
Law; or
(d) he indulges in acts prejudicial to Company’s
interest; or
(e) he is convicted on a criminal charge involving moral
turpitude by a Court.
13)
An employee of
the Company, whether temporary, or contract, or permanent, may also be removed from service or dismissed
from service, or otherwise proceed against, on the ground, and in the manner
provided, in matters relating to the conduct, in the Company’s (Conduct) Rules,
and in matters relating to discipline, in the Company’s employees (Control and Appeal) Rules.
14)
No employee
shall be granted leave of any kind for a continuous period exceeding 120 days
at a time and under special circumstances to be recorded by the Competent
Authority in writing for maximum period of two years. If an employee does not
resume duty after being on leave for a
continuous period of two years, or if, after the expiry of his leave, remains absent from duty, otherwise than on
foreign service or on account of suspension for any period which together with
the period of leave granted to him, after the expiry of leave, he shall, unless
the Appointing Authority in view any exceptional circumstances otherwise directs, be deemed to have resigned, and
shall accordingly cease to be an
employee.
15)
In no
circumstances shall the resignation of
an employee who has been declared to
have successfully conpleted his period of
probation and whose conduct is under
enquiry, be accepted without the sanction of the authority competent to dismiss
him, subject to this, the resignation of an employee who has been declared to
have successfully completed his period of probation, shall ordinarily be
subject to his intention to resign or to his paying to the Company in lieu, a
sum equal to his pay for three months.
Pay is defined as pay plus dearness allowances.
Provided that:
(a) If in any case, a shorter notice than three months
is given the employee shall pay a sum equal to this pay for the period by which
the notice actually given falls shorts of three months ;
(b) The appointing authority may waive payment in lieu
of the period of notice in exceptional cases; and
(c) Acceptance of the resignation may be withheld in the
interest of the Company until a suitable substitute is appointed . An employee shall not, in any circumstances,
quit service until he is formally released from duty.
16)
A person who
has not attained the age of 18 or whose age exceeds 55 years shall not
ordinarily be admitted into the service of the Company. Provided that the
Appointing Authority may, at its discretion, relax this provision in individual cases, in
the interest of the Company. Provided further that this
regulation shall not apply in the case of a retired employee of the Central or
State Government who may be re-employed by the Company to a post under it.
17)
The age of retirement
will be 60 years. On attaining the age
of retirement viz. 58 years, the employee concerned shall automatically retire
from the service of the Company unless orders to the contrary by the Competent
Authority before the date of his the age of 58 years. Any extension beyond 58 will not be more than
two years.
a)
Any employee,
if no disciplinary action be taken against him, may by giving notice of not
less than three clean months in writing to the appropriate authority opt to
retire from service after he has attained the age of 55 years.
b)
Not
withstanding that the age of retirement is 60, Company has the right to review
the cases of those employees who attain the age of 55 or cross that age, so as to
adjudge their efficiency and utility to the Company. In such cases, where it is
found that the retention in service of any employee after the age of 55 is not
in the interest of the Company, the service of such employee may be dispensed
with after paying him 3 month’s salary in lieu of this.
18)
Service
records, leave accounts and annual confidential reports of all employees shall
be maintained in such form as may be prescribed by the Company.
19)
Appointment to
any post in the Company shall be subject to the satisfactory verification of
character and antecedents of the person proposed to be appointed.
20)
All Engineering
or Medical Graduates appointed to any post in the Company after the 27th
day of January 1955, shall if so requested by the appointing authority, be
liable to serve in any defense service or post connected with the defense of
India, for a period of not less than four years including the period spent on
training, if any.
Provided
that such persons shall not:
a)
be required to
serve as aforesaid after the expiry of ten years from the date of their
appointments, and
b)
ordinarily be
required to serve as aforesaid after attaining the age of 40 years in the case
of Engineering Graduates and after attaining the age of 45 years in the case of
Medical Graduates.
21)
Except in a
case in which it is provided otherwise an employee of the Company shall being
to draw pay and allowance attached to his/her post from the date he/she assumes
the duties of that post, and shall cease to draw them as soon as he/.she cease
to discharge these duties.
22)
Initial pay
will ordinarily be fixed at the minimum of the time-scale wherever such time
scale has been prescribed for a post. Fixation of pay in excess of the minimum
of the time scale, and the grant of advance increments shall require the
sanction of the Chairman-Cum-Managing Director.
23)
Notwithstanding
the provisions of regulation 8(22) :
i)
“Where an
employee holding a post in a substantive, temporary or officiating capacity is
promoted or appointed in a substantive, temporary or officiating capacity to
another post carrying duties and higher responsibilities than those attaching
to the post held by him, his initial pay in the time scale of the higher post
shall be fixed at the stage next above the pay nationally arrived at by increasing
his pay in respect of the lower post by on increment at the stage at which such
pay has accrued.
Provided also that where an employee is immediately
before his promotion or appointment to a higher post drawing pay at the maximum
of the time scale of the lower post, his initial pay in the time scale of the
higher post shall be fixed at the stage in that time scale next above such
maximum in the lower post.
When an employee is transferred from one post to
another and the appointment to the new post does not involve the assumption of
duties or responsibilities higher than those attached to the old post he will
draw as initial pay the stage of the time scale which is equal to his pay in
the old post. If there is no such stage, the stage next below that pay plus
personal pay equal to the difference. If the minimum pay of the time scale of
the new post is higher than his pay in respect of the old post, he will draw
that minimum as initial pay.
24)
Increment in a time
scale shall be earned by approved service for the prescribed period in the time
scale. Service in a similar or higher post, and all authorised
leave on full pay will count for increment in the time scale. An increment
shall ordinarily be drawn as a matter of course unless it is withheld. When an
increment is ordered to be with held, the order shall state that the period for
which it is to be withheld and whether the postponement shall have the effect
of postponing future increments also.
25)
Pay and fixed
allowance shall be paid monthly in arrears i.e. the pay and allowances for a
month shall be due for payment on the last working day of the month.
9. TRAVELLING ALLOWANCE :
1) The grant of traveling allowances to employee of the
Company shall be regulated by the Manganese Ore (
2) Unless otherwise stated in any individual case, no
traveling allowance is admissible for joining the first appointment under the
Company.
10. MEDICAL ATTENDANCE AND TREATMENT :
Employees shall be entitled to medical attendance
and treatment in the manner prescribed in the Manganese Ore (
11. HOUSE RENT ALLOWANCE :
Employees employed at
12. GRATUITY :
Employees shall be entitled to Gratuity in the
manner prescribed in the MOIL Employees Group Gratuity from Life Assurance
Scheme (linked with the payment of Gratuity Act 1972).
1. THE GRANT OF LEAVE AND JOINING TIME :
The grant of leave to the employees of the Company
shall be governed by
a) An employee shall be entitled to joining time to
enable him to join a new post to which he is appointed while on duty in another
post under the Company, or to join a post on return leave, joining time
admissible shall ordinarily be six days, exclusive of Sundays for preparation
plus the actual time taken for the journey by the shortest route. When the
transfer does not involve any change of station no journey time will be
admissible. An employee on joining time shall be regarded as on duty and shall
be entitled to be paid.
i)
When on
transfer to a new post while on duty, the pay and allowances admissible in the
old or the new post, whichever is less; and
ii)
When returning
from leave other than extra ordinary leave, the leave salary which was last
drawn while on leave.
b) If an employee takes leave while in transit from one
post to an other, the entire period that he spends after handing over charge at
the old place of duty till taking over charge at the new place of duty shall be
treated as leave of the type due. The company may, in special circumstances,
extend the joining time or grant longer period of journey time than admissible
under such clause (a) of this regulation. In any case joining time no exceed 15
days (inclusive of Sundays and Holidays).
2. CONDUCT AND DISCIPLINE :
Employees of the Company shall be governed in
matters relating to conduct by the Manganese Ore (
3. PROVIDENT FUND :
Employee of the Company shall be governed by the
provision of the Employees Provident Fund Scheme/ Senior Staff Provident Fund Scheme.
4. INTERPRETATIONS :
On all the questions of interpretation of these
regulations the decision of the Board shall be final.
5. DELEGATION :
The Board may delegate necessary powers to the Chairman-cum-Managing
Director, who in terms would sub delegate the powers to any other officer or
officers of the Company to implement these regulations.
6. MODIFICATION AMENDMENT OR CANCELLATION OF THESE
REGULATIONS :
The company reserves to itself the right to modify,
amend or cancel any or all tof these regulations or
orders issued thereunder to give effect to such
modifications, amendment or cancellation from such date as it may deem fit.
The others rules, regulations, instructions, manuals
and records held by it or under its control
is Mines Act 52 and Rules 55, Metalliferous
Mines Act 1961 and personnel Manual
being maintained which is a compilation
of Policies and Rules related to Human
Resources in respect of MOIL which is of following nature.
a) Personnel and Administration
i)
Recruitment & Promotion
Rules
ii)
Conduct Rules
iii)
Standing Orders for Mines/Establishments/Projects
iv)
Disciplinary Procedure
v)
Grievance Procedure
vi)
Leave Rules
vii)
Study Leave Rules
b) Welfare
i)
Residential Quarters/Allotment Rules
ii)
iii)
System for issue of Dresses to
employees
iv)
MOIL employees creativity Award Scheme
v)
Scheme for Reimbursement of Tuition Fees for Employees Children
vi)
Scheme for Award of Scholarship to Meritorious students.
c) Allowances
i)
Employees Traveling Allowance Rules
ii)
Leave Travel Concession Rules
iii)
Conveyance Rules
iv)
Employees Medical/Attendance Rules
v)
Employees Overtime Allowance Rules
d) Senior Staff Provident Fund
Trust Deed and Rules
e) Employees Pension Scheme
f) Employees Group
Gratuity-cum-Life Assurance Scheme