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State of Rajasthan - Act

The Rajasthan State Warehousing Corporation (Staff) Regulations, 1974

RAJASTHAN
India

The Rajasthan State Warehousing Corporation (Staff) Regulations, 1974

Rule THE-RAJASTHAN-STATE-WAREHOUSING-CORPORATION-STAFF-REGULATIONS-1974 of 1974

Published on 20 January 1975
Commenced on 20 January 1975
[This is the version of this document from 20 January 1975.]
[Note: The original publication document is not available and this content could not be verified.]

The Rajasthan State Warehousing Corporation (Staff) Regulations, 1974Published vide Notification No. G.S.R. 177, Published in Rajasthan Gazette, Part 4-C(1), Extraordinary, dated 20-1-1975In exercise of the powers conferred by section 42 of the Warehousing Corporation Act, 1962 (Central Act No. 58 of 1962) and with the previous sanction of the Government of Rajasthan, the Rajasthan State Warehousing Corporation hereby makes the following regulations:-

Part I – Section I

Preliminary

1. Short title, commencement and application.

(1)These Regulations may be called the Rajasthan State Warehousing Corporation (Staff) Regulations, 1974.

(2)They shall come into force from the date of issue.

(3)They shall apply to all employees of the Corporation and to all persons employed by the Corporation on contract or on deputation in respect of all matters not regulated by the terms of the contract or deputation as the case may be.

2. Definitions.

- In these Regulations, unless the context otherwise requires,-

(a)'Act' means the Warehousing Corporations Act, 1962 (58 of 1962);

(b)'Appendix' means the Appendix to these Regulations;

(c)'Appointing Authority' in relation to any employee means-

(i)the authority empowered to make appointments to the category of post of which the employee is for the time being a member or to the grade in which the employee is for the time being included or the post which the employee for the time being holds, or

(ii)the authority which appointed the employee to such grade or post, as the case may be or whichever authority is the highest authority, or

(iii)where the employee having been a permanent member of any other service or having substantively held any other permanent post, has been in continuous employment of the Corporation and has not been absorbed in the Corporation, the authority which appointed him to that service or to the post;

(d)'Board of Directors' means the Board of Directors of the Corporation;

(e)'Chairman' means the Chairman of the Corporation;

(f)'Corporation' means the Rajasthan State Warehousing Corporation established or deemed to have been established under sub-section (1) of section 18 of the Warehousing Corporation Act, 1962 (Central Act 58 of 1962);

(g)'Competent Authority' in relation to exercise of any powers means the Board of Directors or any other authority to whom powers are delegated under these Regulations or by the Board of Directors subject to the provisions of Act or the rules framed thereunder;

(h)'Employee' means a person who is in the whole time service of the Corporation but does not include a person employed by the Corporation on casual or daily wages;

(i)'Executive Committee' means the Executive Committee of the Corporation;

(j)[ 'Enquiry Officer" means a person or a committee appointed to enquire into the charges against an employee.] [Substituted by Notification No. RSWC/Adm./RSWC (Staff) Regulations, 1974/ 2001/14802, dated 30-8-2001, Published in Rajasthan Gazette, Part VII, dated 6-9-2001, page 79(1).]

(k)[ 'Executive Posts' means posts in the category I and II;] [Substituted by Order No. F. 5(9) Agri/Gr. IV/Coop/Part III/76, dated 10-4-1987, Published in Rajasthan Gazette, Part IV-C(I), dated 27-8-1987, page 171.]

(l)'Government Institution' include a Government Company defined under Section 617 of the Indian Companies Act, 1956 (1 of 1956), a Corporation or Board owned or controlled by the State Government, a local Authority constituted under the Law and a Co-operative Society registered or deemed to have been registered under any law relating to Co-operative Societies, for the time being in force;

(m)'Government Servant' means a person who is a member of a service or who holds a civil post under Government of Rajasthan whose services are temporarily placed on deputation at the disposal of the Corporation;

(n)'Managing Director' means the Managing Director of the Corporation;

(o)[ 'Non-Executive Posts' means the posts in the category III and IV;] [Substituted by Order No. F. 5(9) Agri/Gr. IV/Coop/Part III/76, dated 10-4-1987, Published in Rajasthan Gazette, Part IV-C(I), dated 27-8-1987, page 171.]

(p)'Secretary' means the Secretary of the Corporation;

(q)'Schedule' means the Schedule attached to these regulations;

(r)'State Government' means the Government of Rajasthan;

(s)'Substantive Pay' means the pay other than special pay, personal pay or emoluments to which an employee is entitled on account of a post to which he has been appointed substantively or by reason or his substantive position in a cadre.

3. Classification & number of posts.

- (i) The Board of Directors shall from time to time determine the strength of the staff of various classes necessary for carrying out the functions of the Corporation.

(ii)[ The posts in the Corporation shall be classified as follows:- [Substituted by Notification No. RSWC/HO/Adm./RSWC (Staff) Regulation 1974/45/(Part V)/90/4380, dated 26-3-1993, Published in Rajasthan Gazette, Extraordinary, Part 4(C)(i), dated 15-7-1993, page 76, w.e.f. 3-7-1990.]

Category-I
Higher Middle Level Management Posts	(1) Joint Director
	(2) Deputy Director
	(3) Sr. Accounts Officer
	(4) Executive Engineer.
Category-II
Middle Level Management Posts	(1) Assistant Director
	(2) Asstt. Engineer
	(3) Sr. Warehouse Manager
	(4) Asstt. Accounts Officer
	(5) Programmer
	(6) Warehouse Manager
	(7) Private Secretary to MD.
Category-III
Lower Middle Level Management Posts	(1) Office Superintendent
	(2) P.A. to Joint Director
	(3) Accountant
	(4) Administrative Assistant
	(5) Sr. Draftsman
	(6) Jr. Engineer
	(7) Statistical Assistant
	(8) Legal Assistant
	(9) Stenographer
	(10) Jr. Accountant
	(11) Care-taker
	(12) Sr. Assistant
	(13) Computer Operator
	(14) Steno-Typist
	(15) Jr. Assistant
	(16) Telephone Operator
Category-IV
Subordinate Posts	(1) Driver
	(2) Godown Keeper
	(3) Electrician
	(4) Jamadar
	(5) Pump Driver
	(6) Peon
	(7) Chowkidar.]

(iii)The posts under the Corporation shall be filled in accordance with Recruitment Rules of the various posts embodied in the attached Recruitment Schedules.

(iv)The Board may in their discretion, effect from time to time, such changes in the number, classification and nomenclature of the posts as it deems fit and its decision shall be final and binding.

4. [ Status of Employees. [Substituted by Notification No. RSWC/Adm./RSWC (Staff) Regulations, 1974/ 2001/19377, dated 6-12-2006, Published in Rajasthan Gazette, Extraordinary, Part VII, dated 20-12-2006, page 137(1), w.e.f. 25-11-2006.]

- The employees in the Corporation shall be classified as follows:-

Permanent-	Employees confirmed against posts which have been createdpermanently and against which the employees are entitled to holdlien.
Temporary-	Employees selected and appointed against posts which are notpermanent but for which a specific period has been laid down.
Probationer-Trainee-	Probationer-Trainee means a person appointed through directrecruitment against a clear vacancy in the cadre of service andplaced under training on fixed remuneration for a period of twoyears or extended period, if any.

The Status of an employee as permanent, temporary, probationer-Trainee shall be determined by his order of appointment, promotion or confirmation and shall remain unchanged by the nature of post actually held by him from time to time.]Section III

5. General Conditions relating to appointment.

- The following general conditions shall apply to all appointments to the service of the Corporation:-

(i)[ Age limit. - (a) The lower & upper age limit for appointment in the service of the corporation shall be as specified by the state Government from time to time. However in case of corporation employees, the upper age limit will be relaxable by 5 years as provided under Regulation 7(ii) of Rajasthan State Warehousing Corporation (Staff) Regulations, 1974. [Substituted by Notification No. RSWC/Adm./RSWC (Staff) Regulations, 1974/ 2001/19377, dated 6-12-2006, Published in Rajasthan Gazette, Extraordinary, Part VII, dated 20-12-2006, page 137(1), w.e.f. 25-11-2006.]

(b)Age for the purpose of these Regulations shall be computed from the date of birth as given in the Matriculation/Higher Secondary Certificates and/or other School Leaving Certificates. Other evidence in proof of age shall be considered only if the appointing authority is satisfied that in the particular circumstances, Higher Secondary, Matriculation and/or School Leaving Certificate are not available.

(c)The evidence in proof of age should be produced immediately at the time of joining. No representation for correction of age recorded at the time of joining service shall be entertained if it is not made within 3 years of joining the service.]

(ii)Educational and Other Qualifications. - [(a)] [Numbered by Notification Published in Rajasthan Gazette, Part VII, dated 26-2-1981, page 549.] The minimum educational, professional and other qualifications including previous experience, where necessary, in respect of each post shall be as indicated in the Recruitment Schedules for each post.

(b)[ In order to promote and encourage games and sports, the Corporation shall give preference in appointment to such candidates who have presented the country or State in international/national competitions in recognised games and sports, subject to the fulfillment of the prescribed qualifications and experience.] [Inserted by Notification Published in Rajasthan Gazette, Part VII, dated 26-2-1981, page 549.]

(iii)Verification of Character and Antecedents. - No person recruited directly shall be appointed to any post under the Corporation unless his character and antecedents and previous performance have been verified to the satisfaction of the appointing authority.

(iv)Disqualification for appointment. - (a) No person shall be eligible for appointment, who has previously been dismissed from the service of the Corporation or from a Department of a State or from any other Government Institution.

(b)No person shall be eligible for appointment who has been convicted in a Court of Law for any offence involving moral turpitude.

(v)Medical Examination on First Appointment. - No person shall be appointed by direct recruitment unless he has been certified by a Civil Assistant Surgeon Class 1 under the employment of the State Government to be of sound constitution and medically fit to discharge his duties. The fee, if any, for such medical certificate shall be paid by the employees concerned.

(vi)Plural Marriage. - (a) No person who has more than one wife living or who. having a spouse living, marriages in any case in which such marriage is void by reason of its taking place during the life time of such spouse, shall be eligible for appointment to the service of the Corporation unless specifically exempted by the Managing Director/ Chairman.

(b)No woman whose marriage is void by reason of the husband having a wife living at the time of such marriage shall be eligible for appointment to the service of the Corporation, unless specifically exempted by Managing Director/Chairman.

(vii)Furnishing of Security by Employees. - Every employee shall, if so required by the Managing Director furnish for the faithful discharge of his duties, such security in cash as the Managing Director in his discretion may determine and execute a security bond in the form prescribed in Appendix I.

(viii)Letter of Appointment. - Every person to be appointed under the terms and conditions of these Rules as an employee of the Corporation, will receive a letter of appointment in the form as may be prescribed by the Corporation stating his monthly pay and other emoluments, if any.

(ix)Letter of Acceptance. - Every person to whom a letter of appointment has been issued shall confirm in writing and in a form as may be prescribed his acceptance of the offer within the prescribed time limit as stipulated in the aforesaid letter of appointment.

(x)Joining Report. - Every person to whom a letter of appointment has been issued and who has accepted the employment with the Corporation as per his letter of acceptance of the offer shall report himself for duty at the place and time specified in the aforesaid letter and shall give his joining report. No. T.A. will be payable on joining first appointment.

(xi)[ Probation. - 1. A person entering the service by Direct Recruitment against a clear vacancy shall be placed as Probationer-trainee for a period of 2 years: [Substituted by Notification No. RSWC/Adm./RSWC (Staff) Regulations, 1974/ 2001/19377, dated 6-12-2006, Published in Rajasthan Gazette, Extraordinary, Part VII, dated 20-12-2006, page 137(1), w.e.f. 25-11-2006.]

Provided that any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation.

2. (a) During the period of probation specified here-in-above each Provident Fund-trainee may be required to pass such Corporation Examination and to undergo such training as the Corporation may, from time to time specify.

(b)The employee will be confirmed on satisfactory completion of the probation period. It will, however, be open to the appointing authority to terminate the services, if his performance is not found satisfactory during or at the end of the probation period without assigning any reason.

The employee, unless terminated, shall be deemed to continue on probation even after the period of two years till such time a specific order of confirmation is passed, but in no case this period will exceed beyond one year.

3. A probationer trainee appointed to the service by direct recruitment, shall be paid monthly fixed remuneration during the period of probation at the same rates as may be prescribed by the State Government for its employees from time to time and the scale of pay of the post shall be allowed only from the date of successful completion of the period of probation.]

Section IVMethods & Principals of Recruitment

6. Method of Recruitment.

- The posts under the Corporation shall be filled in by one or the other of the following methods:-

(i)By direct recruitment.

(ii)By promotion.

(iii)By deputation from various State Government services or State owned Companies or Corporation.

(iv)The Board of Directors may fill certain posts not included in the schedules appended hereto requiring special skill and expertise by appointment thereto a person considered eminently suitable and useful on contract for a period not exceeding two years on terms and conditions mutually agreed and laid down in the contract.

I. Procedure relating to Direct Recruitment

7. [ Procedure relating to Direct Recruitment. [Substituted by Notification No. RSWC/HO/Adm./RSWC (Staff) Regulation 1974/45/(Part V)/90/4376, dated 22-3-1993, Published in Rajasthan Gazette, Extraordinary, Part 4(C)(1), dated 15-7-1993, page 71 and again by Notification No. RSWC/Adm./RSWC (Staff) Regulations, 1974/ 2001/19377, dated 6-12-2006, Published in Rajasthan Gazette, Extraordinary, Part VII, dated 20-12-2006, page 137(1), w.e.f. 25-11-2006.]

- (i) When a post has to be filled in by the method of direct recruitment, the governing principle shall be to secure the services of the most suitable candidate for the post. To implement this', the method of recruitment should be invite applications by open advertisement in state level newspaper(s) as well as to notify to Employment Exchange having jurisdiction and also in such other manner as may be decided by the Executive Committee giving full information regarding the nature and duties of the posts, qualifications, experience and age limit required, prospects for promotion if any, and other relevant information. However, in case of direct recruitment through the Rajasthan Public Service Commission (RPSC), it will be not necessary to notify posts to Employment Exchange.All such advertisements shall contain a clause that a candidate who accepts the assignment on the post being offered to him/her shall be paid monthly fixed remuneration at the rate fixed by Corporation from time to time during the period of probation and the scale of pay of the post as shown else-where in the advertisement shall be allowed only from the date of successful completion of the period of probation mentioned in the respective Recruitment Rules.

(ii)All vacancies shall be notified to the Employment Exchange having jurisdiction and the candidates forwarded by it shall be considered alongwith direct application. In case of direct recruitment, employees of the Corporation will also be eligible to apply alongwith outside applicants, provided they fulfill the requirements laid down for the concerned posts. However in their case upper age limit will be relaxable by 5 years. In case of direct recruitment to any post through the Rajasthan Public Service Commission (RPSC), it will be not necessary to notify posts to Employment Exchange.]

(iii)All applications received by the prescribed date shall be entered in a Register in chronological order and shall be examined for completeness in respect of required information.

(iv)[ Selection from among the eligible candidates shall be made on the basis of interview and such written or practical test as may be considered necessary by The Rajasthan Public Service Commission (RPSC) or by the appointing authority as the case may be. [Substituted by Notification No. RSWC/HO/Adm./RSWC (Staff) Regulation 1974/45/(Part V)/90/4376, dated 22-3-1993, Published in Rajasthan Gazette, Extraordinary, Part 4(C)(1), dated 15-7-1993, page 71 and again by Notification No. RSWC/Adm./RSWC (Staff) Regulations, 1974/ 2001/19377, dated 6-12-2006, Published in Rajasthan Gazette, Extraordinary, Part VII, dated 20-12-2006, page 137(1), w.e.f. 25-11-2006.]

(v)Direct recruitment to various categories of posts shall be made through the Rajasthan Public Service Commission (RPSC) or Selection Committee or by the Authorities competent to make the appointments. The Rajasthan Public Service Commission (RPSC) or the Selection Committee as the case may be, will arrange the names of the selected candidates in the order of their merit or preference as the case may be and the appointment authority will make appointments in that order. Names of selected candidates kept in reserve shall not exceed 50% of notified vacancies which shall remain in force for a period of six months.

(vi)The appointing authority may take steps for preparation of a select list for a category of posts in advance as per procedure laid down above even before occurrence of actual vacancies.

(vii)Appointment to posts shall be made by the Appointing Authority as and when vacancies occur from the list recommended by The Rajasthan Public Service Commission (RPSC) or by the Selection Committee, as the case may be.]

(viii)In making direct recruitment and/or promotions, representation to Scheduled Castes, Scheduled Tribes, ex-servicemen [physically handicapped, other backward classes] [Inserted by Notification No. RSWC/HO/RSWC (Staff) Regulation 1974/F. 60/10156, dated 20-6-1996, Published in Rajasthan Gazette, Part VII, dated 27-6-1996, page 78, enforcement date is to be notified.] etc. at such percentage of the total number of posts as may be prescribed by the Government of Rajasthan from time to time shall be given, subject to the availability of suitable candidates.

II. (A) Procedure Relating to PromotionWhen a post is to be filled in by promotion, the principles and methods to be observed shall be:-

(i)No employee will generally be promoted to a grade which is not immediately above his grade in the line of promotion as prescribed by the Corporation from time to time.

(ii)No employee will be promoted to a post in Category III or above unless he possesses minimum educational qualifications of Matriculation or its equivalent.

(iii)When a post is non-selection post, the basis of promotion shall be Seniority subject to fitness, as decided by the representative authority.

(iv)When a post is a selection post, the basis of promotion shall be 'merit with due regard to seniority' merit being judged on the basis of a person's past performance by a Departmental Promotion Committee. The composition of the Departmental Promotion Committee, shall be the same as that of the Selection Committee of appointment. Selected persons shall be arranged in the order of their inter-seniority in the grade from which they are promoted. In exceptional cases, where a selected person is assessed to be so outstanding as to deserve special consideration, the Departmental Promotion Committee may after fully satisfying itself that the person has been adjudged outstanding not merely on the basis of his grading in the Confidential Roll but that this grading was based on his outstanding performance place him in such higher position, vis-a-vis seniors as the Committee may determine having regard to the relative merits and seniority of those senior to him.

(v)A list of all persons held eligible for promotion under the Recruitment Rules of the post prepared in order of their seniority together with their service record and statement of particulars in respect of each candidate duly certified by the Officer Incharge, Establishment of the Corporation that no eligible person has been left out, shall be placed before the Departmental Promotion Committee.

Only those person would be eligible who have completed requisite period of service prescribed in these Rules on the 1st day of the calendar year in which promotions are considered.

(vi)The Selection Committee after considering the cases of all the candidates included in the list and after interviewing such of them as they deem necessary, shall select candidates equal to one and half times the vacancies likely to be filled by promotion and shall arrange their names in order of merit. The Selection committee shall also prepare a separate list of persons not considered for promotion, which will form an Annexure 'e' to the panel of elected candidates.

(vii)Orders of promotion shall be issued by the Appointing Authority from the panel of selected candidates given by the Departmental promotion Committee as and when vacancies arise.

(viii)A person who is found fit for appointment by promotion shall be so appointed on probation for one year extendable to another one year and will be confirmed on satisfactory completion of this period. If at the end of this period his performance is not found satisfactory, the appointing authority may revert him to the post held by him immediately before his promotion.

(ix)A person who is not found fit for promotion at a particular meeting of the Departmental Promotion Committee, shall not be passed over merely on the ground that he was not found fit at an earlier meeting. Such a person shall invariably be considered afresh at every meeting along with other eligible persons.

(B)Selection and Non-Selection Posts

(i)All posts in Category I shall be considered as Selection Posts. Promotion in respect of these shall be made by selection on the basis of merit and seniority will be considered only in cases of equal merit.

(ii)All posts in Categories II, III and IV shall be considered as non Selection Posts. Promotions to these posts will ordinarily be made on the basis of seniority subject to rejection of unfit.

III. Procedure Relating to DeputationThe appointing authority may fill in any post by deputation of an employee of the State Government or Government Institution or Central Warehousing Corporation or any State Warehousing Corporation subject to the following conditions:-

(a)A post to be filled by promotion shall not be filled by deputation unless eligible candidates are not available for promotion and if available are not found suitable;

(b)The period of deputation in the first instance shall be one year which period may be further extended from time to time up to a period of three years. In exceptional cases it may be extended up to five years by the Executive Committee;

(c)The terms and conditions of service of persons on deputation shall be governed by the terms of deputation mutually agreed upon between the parent Department and the Corporation.

Notwithstanding anything contained in section IV above, the appointing authority may fill a post by transfer of an employee of the State Government, Central Warehousing Corporation or any State Warehousing Corporation possessing requisite qualifications and experience and the pay and seniority etc. of such person will be decided as hereinafter provided. Such appointment shall be subject to following further conditions.

(i)Appointment by transfer shall be made ordinarily on posts available for direct recruitment.

(ii)Pay of such person shall be fixed at minimum of the pay scale or at the stage equivalent to the pay he was getting in the present organisation or at the next higher stage in the pay scale of the Corporation, in case there is no equivalent stage. Higher pay in suitable cases may, however, be allowed by the Executive Committee, in view of the qualifications and experience.

(iii)In case of an employee who is already on deputation with the Corporation, the pay will be fixed after adding the deputation allowance, he may be getting to his notional pay in the parent organisation; but the difference of pay under this clause over that admissible under clause (ii) will be treated as personal pay to be merged in future increments.

(iv)The seniority of such officers shall be fixed in the particular grade with effect from the date of their original deputation to that grade.

The Corporation will not accept any liability for retirement benefits etc. in respect of the past services of such employees except to the extent of the contribution agreed to be made by the parent organisation and actually received by the Corporation.Section V

8. Principles Determining Seniority.

- (i) Seniority in essence means length of service in a particular post or grade. Thus seniority shall be determined with reference to the date of priority of appointment to a particular post or grade or in equivalent post or grade.If an appointment order contains names of more than one person, the person, whose name figures first in the order of appointment will be senior to the one whose name appears next to him and so on.

(ii)When appointments are made on the basis of a competitive examination or test, names of the successful candidates shall be arranged in the order of the merit as determined by the number of marks obtained in the examination or test and their seniority will be in the order of merit so determined.

(iii)In the case of Apprentice Officers/employees who are confirmed substantively in a grade, the date of appointment for purposes of this rule will be the date of their initial appointment as Apprentice in that grade.

(iv)When appointments are made on the basis of interviews only names of the selected candidates shall be arranged in the order, of preference determined by the Selection Committee and appointments shall be made in that order and their seniority will be determined accordingly.

(v)Persons serving on deputation in the Corporation shall have no seniority assigned to them vis-a-vis the regular employees of the Corporation and their shall be no combined seniority list of them for purpose of promotion.

(vi)The candidates appointed by promotion shall be senior to those appointed by direct recruitment in the same calendar year.

(vii)In the case of persons appointed in the same grade and having joined on the same day and not covered by Sub-Regulations (ii) to (iv) above, the person order in age will be senior to that other.

(viii)If any question arises regarding the seniority of an employee, the decision of the Managing Director/Chairman shall be final in the matter.

Section VILeave and Joining Time

9. General Conditions Governing Grant of Leave.

- The following general principles shall govern the grant of leave to employees :-

(i)Leave cannot be claimed as a matter of right. When the exigencies of Corporation's service so require, the discretion to refuse, postpone, curtail or revoke leave of and description or to recall to duty and employee already on leave is reserved to the authority competent to grant it.

(ii)[x x x] [Deleted by Notification No. RSWC/HO/Adm./RSWC (Staff) Regulation 1974/54/ (Regulation 12)/92/4441, dated 27-3-1993, Published in Rajasthan Gazette, Extraordinary, Part 4(C)(i), dated 15-7-1993, page 78, w.e.f. 1-1-1993.]

(iii)An employee on leave shall not take up any other service or accept any employment.

(iv)Leave shall not be availed of without obtaining the prior sanction of the competent authority; applications for such sanction shall be submitted in writing to the competent authority in such form as may be prescribed by the Corporation, sufficiently in advance which in the case of privilege leave shall not be less than 15 days before the date on which the leave applied for is to commence. In case where an employee is compelled to absent himself from duty on account of unforeseen circumstances without obtaining prior sanction, sanction for leave should be applied for at the earliest possible opportunity.

(v)An employee is expected to avail himself to the leave granted fully before resuming duty and may not return to duty before the expiry of such leave except with the permission of the competent authority:

Provided that an employee who has been granted casual leave may at any time before the expiry of such leave rejoin duty without availing himself of the full period of the casual leave sanctioned.

(vi)If an employee after proceeding on leave desires an extension thereof, he shall apply by letter or telegram to the leave sanctioning authority as aforesaid in sufficient time for the reply to reach him before the date on which the employee would have to start back to resume his duties.

(vii)[ If on account of sickness, accident or the like, an employee is unable to resume his duties by the due date, he shall notify the leave sanctioning authority as aforesaid without any delay and in the event of sickness or accident furnish a medical certificate given by the prescribed appropriate medical authority as per orders/directions of the Government of Rajasthan issued from time to time.] [Substituted by Notification No. RSWC/HO/RSWC (Staff) Regulation 1974/F. 59/10155, dated 20-6-1996, Published in Rajasthan Gazette, Part VII, dated 27-6-1996, page 77, w.e.f. 4-5-1995.]

(viii)Leave begins from the day on which charge is handed-over if such handing over takes place in the forenoon of that day or from the next day of such handing-over takes place on the afternoon of that day; leave ends on the day preceding that on which charge is resumed if such resumption takes place in the forenoon and on the next day on which charge is resumed if such resumption takes place in the afternoon.

(ix)Any kind of leave may be granted in combination with or in continuation of any other kind of leave:

Provided that casual leave cannot be availed of in conjunction or combination with any other kind of leave.

(x)Unless otherwise provided, employees on deputation shall be governed by the leave rules applicable in their parent departments except in respect of casual leave.

(xi)An employee before proceeding on leave shall intimate to the competent authority his address while on leave and shall keep the said authority informed of any change in the address from time to time.

(xii)Leave may be prefixed or suffixed to a holiday but holidays intervening during the period of leave shall except in the case of casual leave account as part of leave.

(xiii)

(a)An employee who absents himself without leave for seven continuous days or absents himself after the expiry of the period of leave originally granted or subsequently extended, shall cease to be in the employment of the Corporation unless he submits satisfactory explanation to the competent authority for his absence.

(b)An employee who absents without leave or before any leave is sanctioned or who does not report for duty after the expiry of his leave is entitled to no leave salary for the period of absence. Absence without leave, moreover, amounts to interruption in service involving forfeiture of past service, unless on satisfactory reasons being furnished, the period of such willful absence is commuted into leave without pay.

10. Casual leave.

- (i) Casual leave may be granted up to a maximum of 15 days during a calendar year. An employee will not be permitted to avail himself of more than 10 days casual leave at a time, casual leave unavailed of at the end of the calendar year shall lapse.

11. Privilege leave.

- (i) Earned leave shall accrue to an employee at the rate of one-eleventh of the period spent on duty. "Duty" for this purpose shall mean the period spent in the service of the Corporation excluding periods of leave of any kind except casual leave. The maximum period of earned leave which can be accumulated by any employee shall be 180 days, and the maximum privilege leave that may be granted at a time to an employee shall be 120 days.

(ii)Terminal leave to the extent of earned leave due and admissible may be granted at the discretion of the authority competent to sanction leave, to any employee whose services are terminated. In case where any notice of termination of service is required to be given such notice or the unexpired portion thereof will run concurrently with the leave granted.

(iii)An employee on earned leave shall during the period of earned leave draw leave salary equal to the pay drawn on the day preceding the day on which he proceeded on leave and allowances appropriate thereto.

12. Half pay leave-leave not due commuted leave.

(a)The half pay leave admissible to an employee in permanent employment in respect of each completed year of service is 20 days.

(b)The half pay leave due may be granted to an employee on medical grounds or on private affairs.

(c)Commuted leave not exceeding half the amount of half pay leave due may be granted on medical certificate only to a permanent employee subject to the following conditions-

(i)[ A Corporation servant whether temporary or permanent shall be entitled to privilege leave of 30 days in a calendar year. [Substituted by Notification No. RSWC/HO/Adm./RSWC (Staff) Regulation 1974/54/ (Regulation 12)/92/4441, dated 27-3-1993, Published in Rajasthan Gazette, Extraordinary, Part 4(C)(i), dated 15-7-1993, page 78, w.e.f. 1-1-1993.]

A Corporation servant shall be entitled to accumulate leave upto a maximum period of 240 days.The leave account of a Corporation servant shall be credited with privilege leave, in advance, in two installments, 15 days on 1st January and 15 days on 1st July.No. of days & procedure of entitlement, accumulation & credit etc. of Privilege Leave of a Corporation employee will stand amended on the lines of amendments that take place for State Government employees from time to time.]

(ii)When commuted leave is granted twice the amount of such leave shall be debited against the half pay leave due.

(iii)The total duration of privilege leave and commuted leave taken in conjunction shall not exceed 240 days. Provided that no commuted leave may be granted under this Regulation unless the authority competent to sanction leave has reason to believe that the employee will return to duty on its expiry.

(d)Save in the case of leave preparatory to retirement, 'leave not due' may be granted to permanent employee for a period not exceeding 360 days during his entire service, out of which not more than 90 days at a time and 180 days in all may be otherwise than on medical certificate. Such leave will be debited against the half pay leave, the employee may earn subsequently. Leave not due should be granted only if the sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on the expiry of the leave and it should be limited to the half pay leave he is likely to earn thereafter.

(e)Leave not due may be granted to a permanent employee suffering from Tuberculosis subject to the condition that the sanctioning authority is satisfied that there is reasonable prospect of the employee (i) returning to duty on the expiry of leave and (ii) earning thereafter leave not leas than the amount of leave not due availed of by him. The prospect of returning to duty on the expiry of the leave should be assessed on the basis of the certificate given by the appropriate medical authority. The prospect of earning atleast an equivalent amount of leave not due should be assessed with reference to the fact whether in the normal course the employee would have enough service after his returning to duty within which he would be able to wipe off the debit balance.

13. [ Maternity leave. [Substituted by Notification No. RSWC/Adm./RSWC (Staff) Regulations, 1974/2004/15394, dated 30.10.2014-Rajasthan Gazette Extra Ordinary Part VII, dated 30.10.2014 (w.e.f. 20.1.1975).]

(1)Maternity leave may be granted to a female Corporation employee with less than two surviving children upto a period of 180 days, from the date of its commencement. However, if there is no surviving child even after availing it twice, maternity leave may be granted on one more occasion. During such period, she will be entitled to leave salary equal to pay drawn immediately before proceeding on leave. Such leave shall not be debited to the leave account but such entry should be made in the service book separately.]

(2)Maternity leave may also be granted in case of miscarriage, including abortion which is complete, subject to the condition that-

(i)the leave does not exceed six weeks, and

(ii)the application for the leave is supported by a certificate from the authorised Medical Officer.

(3)Temporary woman employee having put in service of more than 6 months may also be allowed maternity leave.

(4)Maternity leave may be combined with leave of any kind, but any leave applied for in contribution of the former may be granted only if the request be supported by a Medical Certificate.

14. Study leave.

- Study leave may be sanctioned to a permanent employee by the Corporation or any authority to whom powers may be delegated in this behalf provided the sanctioning authority is of the opinion that such leave should be granted in Corporation's interests to pursue a special course of study or investigation scientific or technical nature:-

(a)Study leave for the purpose of study may be taken either in India or outside India. It may be combined with such other leave as the employee is entitled to. In no case should the grant of this leave, in combination with leave other than extraordinary leave, involve an absence of other twenty four months from the employee's regular duties, or exceed two years in the whole period of the employee's service.

(b)Study leave is extra leave on half pay and leave salary during such leave shall be equal to half the amount specified in Regulation 11 (iii).

(c)An employee who avails the study leave admissible under these Regulations shall execute a bond in the form and for such period to serve the Corporation as may be prescribed by the Board of Directors/ Executive Committee.

15. Extraordinary leave.

(a)An employee may be granted extraordinary leave in special circumstances when no other leave is admissible or when other leave being admissible, the employee applies for the grant of extraordinary leave.

(b)Except in the case of a permanent employee, the duration of extraordinary leave shall not exceed three months or twelve months on any one occasion, the longer period being admissible only on medical grounds. The total period of extraordinary leave (including three months) shall not exceed two years during the entire period of an employees' service. The leave sanctioning authority may grant extraordinary leave in combination of privilege leave at the request of the employee.

(c)No leave salary shall be paid for the period spent on extraordinary leave.

16. Special Disability leave.

- (i) Subject to the conditions specified in this Regulation, Corporation may grant special disability leave to an employee who is disabled by injury intentionally inflicted or caused in or in consequence due performance of his duties or in consequence of his position in the Corporation's service.

(ii)Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed and the person disabled acted with due promptitude in bringing it to notice. But the Corporation if it is satisfied as to the cause of the disability, may permit leave to be granted in cases where the disability manifested itself more than three months after the occurrence of its cause.

(iii)The period of leave granted shall be such as is certified by a Medical Authority, specified by the Corporation to be necessary.

(iv)It shall not be extended except on the certificate of a Medical Authority, specified by the Corporation and shall in no case exceed 24 months. Such leave may be combined with leave of any other kind.

(v)Special disability leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.

(vi)Such leave shall be counted as duty in calculating service for Contributory Provident Fund Rules.

17. Compensatory Casual leave in lieu of attendance on Holidays.

- A member of the ministerial staff/establishment (other than supervisory staff) may be allowed CCL for the number of holidays he is required to attend for some urgent work under the orders of an Officer but not for clearance of arrears.No claim for conveyance allowance will be allowed when CCL is sanctioned.

18. [ Joining time. [Substituted by Order No. F. 5(9) Agri/Gr. IV/Coop/Part III/76, dated 10-4-1987, Published in Rajasthan Gazette, Part IV-C(I), dated 27-8-1987, page 171.]

(1)Joining time shall be granted to an employee on transfer to enable him to join the new post either at the same or a new station. No joining time is admissible in case of temporary transfer for a period not exceeding 180 days. Only the actual transit time, as admissible in case of journeys on tour, may be allowed.

(2)The joining time shall commence from the date of relinquishment of charge of the old post if the charge is made over in forenoon or the following date if the charge is made over in the afternoon.

(3)The joining time shall be calculated from the head-quarters in all cases including where an employee receives his transfer orders or makes over charge of the old post in a place other than his old headquarters or where in the headquarters of an employee while on tour is changed to the tour station itself or where his temporary transfer is converted into permanent transfer.

(4)

(a)Not more than one days joining time shall be allowed to an employee to join a new post within the same station for which does not involve a change of residence from one station to another. For this purpose the terms 'same station' will be interpreted to mean the area falling within the jurisdiction of the municipality or corporation including such of sub-urban municipalities notified areas or cantonments as are contiguous to the named municipality etc.

(b)In the case of transfer of an employee within the same station which does not involve a change of residence from one station to another station the transfer should involve the change of office building at the same station at a distance exceeding 2 km. for the purpose of admissibility of one day's joining time to join a new post under clause (a) of this regulation.

If an officer hands over charge in the forenoon/afternoon he shall be required to take over charge of the new post at the same station in the forenoon of the next working day.

(5)In case involving transfer from one station to another and also involving change of residence, the employee shall be allowed joining time with reference to the distance between the old headquarters and the new headquarters by direct route and ordinary mode (s) of travel indicated in the following schedule. When holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holidays(s).

Distance between the headquarters and the new headquarters	Joining time admissible	Joining time admissible where the transfer necessarilyinvolved continuous travel by road for more than 200 Km.
1,000 Km. or less	10 days	12 days
More than 1,000 Km.	12 days	15 days
More than 2,000 Km.	15 days	15 days

Note. - Distance means actual distance charged by the Railways.

(6)Extension of joining time beyond the limits indicated in sub-regulation-5 can be granted upto the maximum limit of 30 days by the competent authority, the guiding principle (being that the total period of joining time should be approximately equal to 8 days for preparation plus reasonable transit time plus holidays, if any, following the extended joining time, while computing the transit time, allowance could be made for the time unavoidably spent due to distruption of transport arrangements caused by strike or natural calamities.

(7)

(i)When an employee joins the new post without availing of the full joining time, the number of days of joining time, as admissible in sub-regulation (5) subject to the maximum of 15 days, reduced by the number of days actually availed of, shall be credited to his leave account as privilege leave.

(ii)Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.

(iii)If an employee in transit on transfer is directed to proceed to a place different from that indicated in the initial transfer orders, he shall be entitled to joining time already availed of upto the date of receipt of revised orders plus fresh spell of full joining time from the date following the date of receipt of the revised orders. The fresh spell of joining time in such cases shall be calculated from the place at which he received revised orders as if he is transferred from that place.

(8)An employee on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can also draw compensatory allowances like City Compensatory Allowance, House Rent Allowance as applicable to the old station from which he was transferred. He shall not be allowed conveyance allowance or permanent travelling allowance.

(9)An employee, who does not join his duty within his joining time is not entitled to pay after the end of joining time. The period of absence from duty after the expiry of joining time admissible under these regulations shall amount to interruption in the service involving forfeiture of past service unless, on satisfactory reasons being furnished, such absence is regularised by grant of extension in the normal period of joining time under these regulations in the circumstances narrated in sub-regulation 6 or is commuted into extraordinary leave by the authority competent to extend the joining time.

(10)To the extent any matter relating to joining time is not covered by the above regulations; the Rajasthan Civil Services (Joining Time) Rules, 1981 as notified through Notification No. F 1(6) FD (Gr. 2)/81, dated 17-3-1981 and as amended from time to time shall apply.]Section VII

19. Service & confidential Report.

- (i) A record of particulars of service of each employee shall be maintained in such form as may be prescribed by the Management. But it would be the duty of each employee for notifying to the Management any change of his permanent address.

(ii)Confidential Reports in respect of each employee shall be drawn up annually by the prescribed authority in such manner as may be prescribed from time to time.

20. Termination of Employment.

(a)The appointing authority may terminate the services of a permanent employee by giving three months notice in writing or by paying three months pay in lieu of notice. The Corporation may similarly deduct three months pay from the dues of the employee who leaves its employment without giving due notice.

(b)The employment of a temporary employee or a probationer shall be terminated by one month notice in writing or by paying one month's pay in lieu of notice. The Corporation may similarly deduct one month's pay from the dues of the employee who leave its employment without giving due notice.

(c)In case the notice falls short of the specified period, the employer will be entitled to pay only for the period by which such notice falls short of that period.

(d)Services of an employee whose appointment has been made or extended upto a specified period or date only shall automatically terminate on the expiry of that period or date and no notice for termination of services of such employee will be necessary.

21. Resignation.

- (i) Employees who wish to leave the Corporation's service must give the Corporation the same notice as the Corporation is required to give them under rule 20. The Management may at its discretion accept the resignation of the notice period and the employee will in such cases be required to pay wages for the unexpired portion of the notice period.

(ii)If an employee leaves the services of the Corporation without the requisite notice, then, without prejudice for any other action under his contract or service, if any, the management may deduct from his unpaid wages, the sum equivalent to the period of notice which he is required to give under clause (i) and if no such wages are due take recourse to such action as the law of land permits.

22. [ Superannuation & Retirement. [Substituted by Notification No. RSWC/Adm./RSWC (Staff) Regulation, 1974/1998/14338, dated 10.10.2008-Rajasthan Gazette Part VII, dated 16.10.2008.]

- (i) Every employee shall retire on attaining the age of sixty years;]

(ii)[ (a) An employee may, after giving at least 3 month's previous notice in writing to the Corporation, retire from service on the date on which he completes [15] [Substituted by Notification Published in Rajasthan Gazette, Part VII, dated 26-2-1981, page 549.] years of service or attains the age of 45 years whichever is earlier or any date thereafter to be specified in the notice.

(b)The Corporation may, after giving at least three month's previous notice in writing require a Corporation's employee to retire from the service on the date on which he completes [25] [Substituted by Notification No. RSWC/Adm./RSWC (Staff) Regulations 1974/F. 43/6126, dated 16-4-2001, Published in Rajasthan Gazette, Extraordinary, Part VII, dated 17-4-2001, page 8.] years of service or the date on which he attains the age of 50 years whichever is earlier, or on any date thereafter:

Provided that such Corporation's employees may be retired from service forth-with and on such retirement the Corporation's employee shall be entitled to claim three months pay and allowances in lieu of notice.

(c)The Corporation may publish the order of such retirement in newspaper, and the Corporation's employee shall be deemed to have retired on such publication, if he has not been served with the retirement order earlier.]

(iii)Notwithstanding anything contained in regulation 22, an employee shall, on invalidation by a Medical Board as may be constituted for the purpose cease to be in service on account of complete and permanent incapation determined in accordance with the relevant rules of the State Government in force from time to time.

(iv)[ The Corporation shall have the right to retire a Corporation employee in public interest, if he/she has more than three children on or after 15-10-2003 and in such case the Corporation employee shall be entitled to proportionate retirement benefits/or service gratuity, as the case may be: [Inserted by Notification No. RSWC/Adm./RSWC (Staff) Regulations, 1974/ 2001/13169, dated 6-9-2003, Published in Rajasthan Gazette, Part VII, dated 11-9-2003, page 212, w.e.f. 29-3-2003.]

Provided that where a Corporation employee has only two children from the earlier delivery(ies): but more than one child are born out of single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children:Provided further that the provisions of this regulation shall not be applicable to Corporation employee who has more than three children so long as the number of children he/she has on 14-10-2003 does not increase.In such a case the appointing authority shall retire the Corporation employee after giving him/her three months notice.If the order of retirement could not be served to the employee within 15 days from the date of its issue, the appointing authority shall publish the order of such retirement in Newspaper and the employee shall be deemed to have retired on such publication.]Section VIIIConditions Relating to Pay and Allowances

23. Pay scales.

- (i) The pay scales of the posts shall be as laid down in recruitment schedule forming part of these regulations:Provided that the appointing authority may, in its discretion allow a pay at a higher stage in the pay scale upto five increments at the time of initial appointment in suitable cases in the interest of the Corporation.

(ii)In matters governing drawal of pay on initial appointment to a post on time scale, pay during probation, pay while on leave, pay under suspension, pay on promotion, combination of appointments or regulation of pay etc. the relevant provisions of the Rajasthan Service Rules shall apply.

24. Dearness & compensatory allowances.

- Employee of the Corporation shall be entitled to dearness and compensatory allowance at the rates admissible to employees of the State Government from time to time.

25. House Rent allowance.

- House Rent Allowance will be admissible to the employees of the Corporation at places and rates specified by the State Government for its employees from time to time. It will however, be open to the Board of Directors to sanction house rent allowance at other localities also at rates as may be prescribed.

26. [ Medical & Education Benefits. [Substituted by Notification Published in Rajasthan Gazette, Part VII, dated 26-2-1981, page 549.]

- Employees of the Corporation shall be entitled to medical and educational benefits at the rates and as per rules or orders issued by the State Government in respect of its employees from time to time. Moreover, in respect of medical benefits employees of the Corporation shall also be entitled to avail medical benefits at hospitals/dispensaries approved by the Corporation from time to time. Employees may purchase medicines prescribed by the authorised medical practitioners of the State Government and approved hospitals from the shops run by the Rajasthan Rajya Sahkari Upbhokta Sangh Ltd.]

27. Travelling allowances.

- Travelling Allowance to the employees of the Corporation shall be regulated by the Rajasthan Travelling Rules.

28. [ [Regulation 28 and 29 Substituted by Notification No. RSWC/Adm./Contributory Pension Scheme/ 2004/ 5742, dated 25-4-2005, Published in Rajasthan Gazette, Extraordinary, Part VII, dated 28-4-2005, page 17, w.e.f. 1-1-2004.]

Provision of the RSWC Pension Regulations, 1990 and GPF Regulations, 1990 shall apply to all the employees of the Corporation except the existing employees at the commencement of the RSWC Pension Regulations, 1990 & GPF Regulations, 1990 who have opted for continuing to subscribe to the CPF of the Corporation in accordance with the RSWC (Employees Provident Fund) Regulations, 1962:Provided that all the employees of the Corporation appointed on or after 1-1-2004 shall be governed by the provisions of the Rajasthan State Warehousing Corporation's Employees New Contributory Pension Scheme, 2004.

29. Gratuity.

- Employees of the Corporation who have opted for the Pension & GPF benefits under the Rajasthan State Warehousing Corporation Employees Pension Regulations, 1990 and Rajasthan State Warehousing Corporation Employees General Provident Fund Regulations, 1990 as well as employees of the Corporation who are governed under the Rajasthan State Warehousing Corporation's Employees New Contributory Pension Scheme. 2004 shall be entitled to payment of Death-cum-Retirement Gratuity in accordance with the provisions of the aforesaid Pension & GPF Regulations, who have opted for continuing to subscribe to the Contributory Provident Fund of the Corporation in accordance with the RSWC (Employees Provident Fund) Regulations, 1962 shall be entitled to payment of Gratuity in accordance with the payment of Gratuity Act, 1972 and rules made thereunder. The officers of the Corporation will also be entitled to payment of DCRG/Gratuity as the case may be.]

30. Honorium.

- The Corporation may grant to its employees honorarium as payment for work performed which is occasional in character and either so laborious or of such special merit as to justify such a reward. Grant of honorarium is not justified to an employee merely because there is a temporary in his work. The reasons for the grant of honorarium are always to be recorded in the sanction.Section IXMiscellaneous

31. Training.

- (i) Persons recruited direct or promoted to any post shall under to such training and refresher course as may be prescribed from time to time.

(ii)Every employee deputed for training at the expenses of the Corporation shall be liable to execute a bond to serve the Corporation after the completion of such training for a minimum period to be specified therein, falling which he shall be liable to refund to the Corporation the cost of training and the emoluments received by him during the period of training:

Provided that the Board may, at its discretion, remit any unexpired portion of the bond in the event of the resignation from service by the employee or the termination of his service or his compulsory retirement or removal or dismissal from service by the Corporation or for any other reason before the expiry of the period of that bond.

32. Transfer.

- (i) An employee shall be liable to be posted in any of the units of the corporation:Provided that in case of transfer of an employee from one place to another, the post to which he is transferred is not lower than the one held by him immediately prior to such transfer.

(ii)The Managing Director shall be the competent authority to order the transfer of an employee from one unit to another or between the head office and a unit.

33. Deputation of Employees to other organisations.

- An employee of the Corporation may be sent on deputation to any other Organisation with the prior approval of the Executive Committee. The deputation of such employees will be governed by the terms to be mutually agreed upon between the Corporation and the borrowing authority.

34. Adhoc Appointments.

- Notwithstanding anything contained in these Rules, the appointing authority may appoint a person on ad hoc basis for a period not exceeding one year or till a candidate selected by direct recruitment or promotion is available whichever is earlier, subject to the condition that the person so appointed fulfills all the qualifications academically or otherwise as prescribed under these Rules.

35. Application of RSR.

- To the extent any matter relating to terms and conditions of service of any employee is not covered by these Rules, and till such time as the Corporation forms its rules regulating such matters, the relevant provisions of the Rajasthan Service Rules shall apply.

36. Previous Actions.

- All actions in respect of appointments, pro motions, confirmations and other service matters taken prior to the coming into force of these Regulations shall be deemed to have been taken under these Regulations.

37. Amendments.

- Amendments to the Appendix and/or Schedules forming part of these Rules may be made by the Board.Amendments to the Regulations may be made by the Board with prior approval of the Government.Discipline and Appeal Rules

Part I – Discipline

1. Nature of Penalties. - The following penalties may. for good and sufficient reasons, and as hereinafter provided be imposed on an employee namely for misconduct :-

Minor Penalties :

(i)Censure/Fine

(ii)Withholding of promotion.

(iii)Recovery from pay of the whole or part of any pecuniary loss caused to the Corporation.

(iv)Withholding of increments.

Major Penalties :

(v)Reduction to a lower grade or post or a stage in a time scale.

(vi)Compulsory retirement.

(vii)Removal from service.

(viii)Dismissal from service.

Explanation. - The following shall not amount to a penalty within the meaning of this rule, namely:-

(i)withholding of increments or pay of an employee on his failure to pass any departmental, and or qualifying examination, if any, in accordance with the rules or order governing the post or the terms of his appointment;

(ii)stoppage of an employee at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;

(iii)non promotion of an employee whether in a substantive or officiating capacity after consideration of his case to a grade or post for promotion to which he is eligible;

(iv)reversion of an employee on probation in a higher grade or a post to a lower grade or post, on the ground that he is considered after trial to be unsuitable for such higher grade or post or on administrative grounds unconnected with his conduct:

(v)reversion of any employee, appointed on officiating basis to any other grade or post during or at the end of the aforesaid period in accordance with the terms of his appointment on to the rules and orders governing probation/officiating basis;

(vi)replacement of the services of an employee, whose services had been borrowed from State Government or a Government owned organisation, company or Corporation from which the services of such an employee had been borrowed:

(vii)compulsory retirement of an employee in accordance with the provisions relating to his superannuation or retirement;

(viii)termination of the services-

(a)of an employee appointed on probation during or at the end of the period of his probation in accordance with the terms of his appointment or the rules and orders governing such probation, or

(b)of a temporary employee whose services are terminated within a period of 3 months of his appointment,

(c)of an employee, under an agreement, in accordance with the terms of such agreement.

2. Disciplinary Authorities. - (1) The Board of Directors/Executive Committee may impose any penalties specified in rule 1 on any employee.

(2)Without prejudice to the provisions in sub-rule (1), any of the penalties specified in rule I may be imposed on an employee by the appointing authority empowered in this behalf by a general or special order of the Board.

3. Acts of misconduct. - Without prejudice to the general meaning of the term 'Misconduct' it shall be deemed to include the following:-

(i)Habitual late attendance, willful or habitual absence from duty without leave or without sufficient cause.

(ii)Negligence or neglect of duty, malingering, loitering, idling, wasting time during working hour and wilfully slowing down in the performance of work or inciting others to do so.

(iii)Leaving station without permission.

(iv)Gambling, drunkeness, intoxication, or riotous or disorderly or indecent behaviour, threatening, intimidating, coercing other employees or interference with the work of others.

(v)Collection of of canvassing for moneys without the prior written permission of the competent authority.

(vi)Acceptance of gifts from the lending or borrowing money to or from subordinate employees.

(vii)Unauthorised use or occupation of the Corporation's quarters, land or other property.

(viii)Habitual indiscipline or willful insubordination or disobedience of any lawful or reasonable order of higher authority and also neglecting the order to work over-time in accordance with the Corporation's regulations or any other law that may be in force from to time.

(ix)Theft of Corporation's property and fraud or dishonesty in connection with the Corporation's business or property either within or outside the Corporation's premises or its precincts or theft of another employees property within the Corporation's premises or its precincts.

(x)Giving false information regarding one's particulars for purposes of employment or concealing any facts about any previous employment, age and other particulars in this respect or giving false evidence at the time of any departmental enquiry.

(xi)Taking or giving, offering or asking for, bribes or any illegal gratification whatsoever or indulging in corrupt practices.

(xii)Assaulting or intimidating any employee of the Corporation.

(xiii)Sabotage or willful damage to or loss of Corporation's goods or property.

(xiv)Unauthorised communication of official documents or information relating to the Corporation's business.

(xv)Striking work or inciting others to strike work in contravention of the provisions of any law or rule having the force of law.

(xvi)Conviction by a court of law for any criminal offence involving moral turpitude.

(xvii)Breach of any law applicable to the works or the conduct rules and any other rules or orders issued by the Corporation from time to time.

(xviii)Contracting another marriage while wife is still alive or marrying a person who has a wife living, without first obtaining the permission of the Corporation.

(xix)Adjudged insolvency not warranting continuance of the Corporation's trust and confidence which the duties of the employee call for.

(xx)Writing of anonymous letters etc. addressing appeals or representations to an authority other than the appellate or the appropriate authority and forwarding advance copies of appeals or representations to any authority.

(xxi)Abatement of or attempt at an act of misconduct.

(xxii)Engaging in other employment whilst still in the service of the Corporation without prior permission of the authority.

(xxiii)Commission of any act subversive of good behaviour or of the discipline of the Corporation.

(xxiv)Canvassing for union or party memberships or the collection of union or party dues, funds or contribution, etc. on the Corporation's premises or its precincts.

(xxv)Distributing or exhibiting in the Corporation's premises or its precincts Hand Bills, Pamphlets, Posters or causing to be displayed by means of signs or writing or other visible representations, any matter without previous sanction of the authority.

(xxvi)Organising, holding, attending or taking part in any meeting within the Corporation's premises or its precincts without prior sanction of the authority.

(xxvii)Conduct within the Corporation's premises or its precincts which is likely to endanger the life of any person.

(xxviii)Refusal to accept charge-sheet, orders or other communications served either in accordance with these Rules or in the interest of discipline.

(xxix)Willful falsification, defacement or destruction of personal records or any records of the Corporation.

(xxx)Refusal to work on holidays or on Sundays when notified to do so in the exigencies of the Corporation's work.

(xxxi)Allowing an unauthorised person to operate Corporation's vehicle.

(xxxii)Surrounding or forcibly detaining management or any of the Corporation's Officers.

(xxxiii)Possession of any lethal weapon or the Corporation's premises or within its precincts without the prior permission of the authority.

(xxxiv)[ Doing any kind of business with or taking contracts of any kind from the Corporation by himself or through his family members.] [Inserted by Notification No. RSWC/HO/Adm./RSWC (Staff) Regulation 1974/45/(Part V)/90/4377, dated 23-3-1993, Published in Rajasthan Gazette, Extraordinary, Part 4(C)(i), dated 15-7-1993, page 74, w.e.f. 7-6-1990.]

Note. - This list is only illustrative and not exhaustive and any obvious improper conduct on the part of an employee will be treated as a misconduct.

4. Procedure for imposing major penalties. - (1) No order imposing any of the penalties specified in clauses (v) to (vii) of Rule 1 shall be made except after an enquiry field as far as may be, in the manner herein after provided.

(2)Whenever the disciplinary authority is of the opinion that there are grounds for enquiring into the truth of any imputation of misconduct or misbehaviour against an employee it may itself enquire into and appoint under this rule, an authority to enquire into the truth thereof.

(3)Where it is proposed to hold an enquiry against an employee the disciplinary authority shall draw up or cause to be drawn up:-

(i)the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge.

(ii)a statement of the imputations of misconduct or misbehaviour in support of each article of charge which shall contain.

(a)a statement of all relevant facts including any admission or confession made by the employee.

(b)a list of documents by which, and a list of witnesses by whom, the articles of charges are proposed to be sustained.

(4)When an employee is charged with misconduct, which may lead to the imposition of a major penalty, the disciplinary authority shall frame definite charges on the basis of the allegations against him. The charges, together with a statement of allegations on which they are based, shall be communicated in writing to the employee, who shall be required to submit within such time as may be specified by the disciplinary authority (not less than 15 days) a written statement of defence.

(5)

(a)On receipt of the written statement of defence the disciplinary authority may itself require into such of the articles of charge as are not admitted, or, if it considers it necessary so to do, appoint an inquiring officer for the purpose, and where all the articles of charge have been admitted by the employee in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in the rules.

(b)If no written statement of defence is submitted by the employee the disciplinary authority may itself inquire into the articles of charge or may, if it considers it necessary to do appoint, under sub-rule (2) enquiry officer for the purpose.

(c)Where the disciplinary authority itself inquires into any articles of charge or appoint an inquiring authority for holding an inquiry in to such charge, it may, by order, appoint an employee or a legal practitioner to be known as the 'Presenting Officer', to present on its behalf the case in support of the articles of charge.

(6)The disciplinary authority shall, where it is not the inquiring officer, forward to the inquiring authority:

(i)a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour;

(ii)a copy of the written statement of defence, if any, submitted by the employee;

(iii)a copy of the statement of witnesses, if any, referred to in sub-rule (3);

(iv)evidence proving the delivery of the documents referred to in sub-rule (3) to the employee; and

(v)a copy of the order appointing the Presenting Officer'.

(7)The employee shall appear in person before the inquiring officer on such days and at such time within ten working days from the date of receipt by him of the articles of charge & the statement of the imputations or misconduct or misbehaviour, as the inquiring officer may, by a notice in writing, specify in this behalf, or within such further time, not exceeding ten days, as the inquiring officer may allow.

(8)The employee may take the assistance of any other employee to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the presenting officer appointed by the disciplinary authority is a legal practitioner, or the disciplinary authority having regard to the circumstances of the case, so permits.

(A)[ An employee of the Corporation shall not be allowed to assist in more than one enquiry at a time.] [Inserted by Notification No. RSWC/HO/Adm./RSWC (Staff) Regulation 1974/F. 45/ (Part V)/90/12018, dated 15-7-1994, Published in Rajasthan Gazette, Part I-B, dated 6-10-1994, page 141(4), w.e.f. 8-6-1993.]

(9)If the employee who has not admitted any of the articles of charge in his written statement of defence, appear before the inquiring officer, such officer shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring officer shall record the plea, sign the record and obtain the signature of the employee thereon.

(10)The inquiry officer shall return a finding of guilt in respect of the articles of charge to which the employee pleads guilty.

(11)The inquiring officer shall, if the employee fails to appear within the specified time or refuses or omits to plead require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge and shall adjourn the case to a letter date not exceeding thirty days, after recording an order that the employee may, for the purpose of preparing his defence-

(i)inspect within five days of the order or within such further time not exceeding five days as the inquiring officer may allow, the documents specified in the list referred to in sub-rule (3);

(ii)submit a list of witnesses to be examined on his behalf.

Note. - If the employee applies orally or in writing for the supply of copies of the statement of witnesses mentioned in the list referred to in sub-rule (3) the inquiring officer shall furnish him with such copies as early as possible and in any case not latter than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority.

(iii)give a notice within ten days of the order or within such further time not exceeding ten days as the enquiring officer may allow, for the discovery or production of any documents which are in the possession of Corporation but not mentioned in the list referred to in sub-rule (3).

Note. - The employee shall indicate the relevance of the documents required by him to be discovered or produced by the Corporation.

(12)The inquiring officer shall, on receipt of the notice or the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the document, by such date as may be specified in such requisition:Provided that the inquiring officer may, for reasons to be recorded by him in writing, refuse to requisition such of the documents as are, in his opinion, not relevant to the case.

(13)On receipt of the requisition referred to in sub-rule (12) every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring officer:Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring officer accordingly and the inquiring office shall, on being so informed, communicate the information to the employee and withdraw the requisition made by it for the production or discovery of such documents.

(14)On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by the Presiding Officer and may be cross-examined by or on behalf of the employee. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring officer. The inquiring officer may also put such questions to the witnesses as he thinks fit.

(15)If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the enquiring officer may, in his discretion, allow the Presenting Officer, to produce evidence not included in the list given to the employee or may himself call for new evidence or recall & re-examine any witness and in such case the employee shall be entitled to have, if he demands it. a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence exclusive of the days of the adjournment and the days to which the inquiry is adjourned. The enquiring officer shall give the employee an opportunity of inspecting such documents before they are taken on the record. The inquiring officer may also allow the employee to produce new evidence, if he is of the opinion that the production of such evidence is necessary in the interest of justice.Note. - New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally.

(16)When the case for the disciplinary authority is closed the employee shall be required to state his defence orally or in writing as he may prefer. If the defence is made orally it shall be recorded and the employee shall be required to sign the record. In either case a copy of the statement of defence shall be given to the Presenting Officer if any appointed.

(17)The evidence on behalf of the employee shall then be produced. The employee may examine himself in his own behalf if he so prefers. The witnesses produced by the employee shall then be examined and shall be liable to cross- examination, re-examination and examination by the inquiring officer according to the provisions applicable to the witnesses for the disciplinary authority.

(18)The inquiring officer may after the employee closes his case and shall, if the employee has not examined himself generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.

(19)The inquiring officer may. after the completion of the production of evidence hear the employee and/or his assisting officer and the Presenting Officer if any appointed or permit them to file written brief of their respective cases if they so desire.

(20)If the employee to whom a copy of the articles of charge has been delivered does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring officer or otherwise fails or refuses to comply with the provisions of this rule, the inquiring officer may hold the inquiry ex-parte.

(21)

(a)Where a disciplinary authority competent to impose any of the penalties specified in clauses (i) to (iv) of rule 1 has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its own findings or any inquiring officer appointed by it, is of the opinion that the penalties specified in clauses (v) to (viii) of rule 1 should be imposed on the employee, the inquiring officer shall forward the records of the inquiry to such disciplinary authority as is competent to impose the last mentioned penalties.

(b)The disciplinary authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice, recall the witness and examine, cross-examine and re-examine and may impose on the employee such penalty as it may deem fit in accordance with these Rules.

(22)Whenever any inquiring officer, after having heard and recorded the whole or any part of the evidence in an enquiry case to exercise jurisdiction therein, and is succeeded by another inquiring officer which has, and which exercises, such jurisdiction, the inquiring officer so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself:Provided that if the succeeding inquiring officer is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross-examine and re-examine any such witnesses as herein before provided.

(23)

(i)After the conclusion of the inquiry, a report shall be prepared and it shall contain-

(a)the articles of charge and the statement of the imputations of misconduct or misbehaviour;

(b)the defence of the employee in respect of each articles of charges;

(c)an assessment of the evidence in respect of each article of charge;

(d)the findings on each article of charge and the reasons therefor.

Explanation. - If in the opinion of the inquiring officer the proceedings o! the inquiry establish any article of charge different from the original articles of the charge he may record his findings on such article of charge:Provided that the findings on such article of charge shall not be recorded unless the employee has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.

(ii)The inquiring officer, where he is not himself the disciplinary authority: shall forward to the disciplinary authority the records of inquiry which shall include-

(a)the report prepared by him under clause (i);

(b)the written statement of defence, if any, submitted by the employee;

(c)the oral and documentary evidence produced in the course of the inquiry;

(d)written briefs, if any, filed by the Presenting Officer of the employee or both during the course of the enquiry; and

(e)the orders, if any, made by the disciplinary authority and the inquiring officer in regard to the inquiry.

5. Action on enquiry report. - (1) The disciplinary authority if it is not itself the inquiring officer may, for reasons to be recorded by it in writing remit the case to the inquiring officer for further inquiry and report and the inquiring officer shall thereupon proceed to hold the further inquiry according to the provisions of rule 4 as far as may be.

(2)The disciplinary authority shall, if it disagrees with the finding of the inquiring officer on any article of charge record its reasons for such disagreement and record its own findings on such charge if the evidence on record is sufficient for the purpose.

(3)If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 1 should be imposed on the employee, it shall, notwithstanding anything contained in rule 6, make an order imposing such penalty.

(4)If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (v) to (viii) of rule 1 should be imposed on the employee it shall-furnish to the employee a copy of the report of the enquiry held by it and its findings on each article of charge or where the inquiry has been held by an inquiring officer appointed by it, a copy of the report of such authority and a statement of its finding on each article of charge together with brief reasons for its disagreement, if any, with the findings of the inquiring officer.

6. Procedure for imposing minor injuries. - (1) When it is proposed to impose any of the minor penalties or any employee he shall be informed in writing of the allegations on charges on account of which it is proposed to impose the penalty on him and asked to submit his explanation within a specified period not exceeding 7 days. The explanation and evidence, if any, furnished by the employee shall be taken into consideration by the disciplinary authority before passing orders.

(2)The record of the proceedings in such cases shall include-

(a)a copy of the statement of allegations and or charges communicated to the employee;

(b)the explanations and evidence, if any. furnished by the employee; and

(c)the findings of, and the order passed by the disciplinary authority.

(3)Where the penalty of withholding of increment or promotion etc. is imposed on an employee, the disciplinary authority shall state the period for which it will be effective and where increment is withheld it will be granted on the expiry of the period without affecting the normal date of increment in future, unless the order indicates that the stoppage of increment will have cumulative effect.

7. Communication of orders. - Orders made by the disciplinary authority shall be communicate to the employee who shall also be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authority and a copy of its findings on each article of charge, or where, the disciplinary authority is not the inquiring officer, a copy of the report of the inquiring officer and a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring officer (unless they have already been supplied to him).

8. Common proceedings. - (1) Where two or more employees are concerned in any case, the Board or any other authority competent to impose the penalty of dismissal from service on all such employees may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

Note. - If the authorities competent to impose the penalty of dismissal on such employees are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.

(2)Any such order shall specify-

(i)the authority which may function as the disciplinary authority for the purpose of such common proceeding;

(ii)the penalties specified in rule 1 which such disciplinary authority shall be competent to impose;

(iii)whether the procedure laid down in rule 4 and rules 5 and 6 shall be followed in the proceedings.

9. Special procedure in certain cases. - In cases where-

(i)a penalty is imposed on an employee on the ground of conduct which has led to his conviction on a criminal charge, or on the strength of facts or conclusions arrived at by a judicial trial; or

(ii)the employee on whom a penalty is imposed is absconding;

(iii)the reasons of security so warrant; the disciplinary authority may dismiss an employee from the service without following the procedure laid down in these rules.

Part II – Suspension

10. (i) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in this behalf by the Board by general or special order, may place an employee under suspension-

(a)where a disciplinary proceeding against him is contemplated or is pending; or

(b)where a case against him in respect of any criminal offence is under investigation, inquiry or trial:

Provided that where the order of suspension is made by the authority lower than the appointing authority such authority shall forthwith report to the appointing authority the circumstances in which the order was made.

(ii)An employee shall be deemed to have been placed under suspension by an order of appointing authority-

(a)with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty eight hours;

(b)with effect from the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsory retired consequent to such conviction.

Explanation. - The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.

(iii)An order of suspension made under this rule, may at any time be revoked by the authority which made the order, or by any higher authority.

(iv)An order of suspension shall be followed by a charge-sheet within fifteen days, except where a case for a criminal offence against the employee is under investigation or trial.

*Note. - Leaves can not be granted to an employee while, under suspension except in case of serious illness infirmity or for such other reasons as authority competent to sanction leave is satisfied that they are genuine.

11. Subsistence allowance. - An employee under suspension shall be entitled to subsistence allowance equal to half of the total of his basic pay and dearness allowance, if any, provided that he declares to the satisfaction of the disciplinary authority that he declares to the satisfaction of the disciplinary authority that he is not engaged in any other employment, business, profession or vocation. If the period of suspension exceed 6 months, for reasons (to be recorded in writing), for which the employee is not responsible, the subsistence allowance will be ¾th of his basic pay plus dearness allowance, if any. If however, the period of suspension is for which the employee is responsible the subsistence allowance will be reduced to ¼th of the basic pay plus dearness allowance, if any. A report shall be made to the Managing Director or the Executive Committee or the Board, as the case may be, in either case explaining the reasons for the delay in the disposal of the case.

12. Pay and allowances on reinstatement. - (i) When an employee who has been dismissed, removed or suspended is re-instated, the authority competent to order the re-instatement should consider and make a specific order-

(a)regarding the pay and allowance to be paid to the employee for the period of his absence from duty; and

(b)whether or not the said period shall be treated as a period spent on duty.

(ii)An employee who is fully exonerated or in the case of suspension where it was totally unjustified, he shall be given the full pay and allowances to which he would have been entitled had he not been dismissed, removed or suspended, as the case may be.

(iii)In other cases the employee may be given such proportion of such pay and dearness allowance as the competent authority may prescribe and who may also specifically direct whether the period of absence from duty shall be treated as period spent on duty or not for any specified purpose.

Part IV – Provisions Regarding Officers & Other Employees Borrowed from State Government, Government Owned Organisations, Government Companies & Corporations

13. Provisions regarding officers etc. - (1) Where an order of suspension is made or disciplinary proceedings are conducted against an employee, whose services have been borrowed from the State Government, or a Government owned organisation, Government Company or Corporation, the authority lending his services (hereinafter in this rule referred to as the "lending authority") shall forthwith be informed of the circumstances leading to the order of the suspension of the employee or the commencement of disciplinary proceedings against him as the case may be.

(2)

(a)In the light of the findings in the disciplinary proceeding conducted against such employee, if the disciplinary authority is of the opinion that any of the minor penalties should be imposed on him, the disciplinary authority may, pass such orders on the case as it deems necessary after consultation with the leading authority; provided that in the event of a difference of opinion between the disciplinary authority and the lending authority, the services of the employee shall be placed at the disposal of the lending authority.

(b)If the disciplinary authority is of the opinion that any of the major penalties should be imposed on him, it should replace his services at the disposal of the lending authority and transmit to it the proceedings of the enquiry for such action as it deems necessary.

(3)If the employee submits an appeal against an order imposing a minor penalty on him under sub-rule (2)(a), it will be disposed of after consultation with the lending authority: provided that if there is a difference of opinion between the appellate authority and the lending authority, the services of the employee shall be placed at the disposal of the lending authority, and the proceedings of the case shall be transmitted to that authority for such action as it deems necessary.

Part V – Appeals

14. Orders against which Appeal lies. - An employee may prefer an appeal against all or any of the following orders-

(i)an order of suspension made or deemed to have been made under rule 10;

(ii)an order imposing any of the penalties specified in rule 4 whether made by the disciplinary authority or by any appellate or reviewing authority.

(iii)an order enhancing any penalty, imposed under rule 4;

(iv)any order which-

(a)denies or varies to his disadvantage his pay, allowances, or other conditions of service as regulated by rules or by agreement, or

(b)interprets to his disadvantage the provisions of any such rule or agreement,

(v)an order-

(a)stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar.

(b)reverting him while officiating in a higher service, grade or post to a lower service, grade or post otherwise than as a penalty,

(c)determining his pay and allowances-

(i)for the period of suspension, or

(ii)for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post, time scale or stage in a time scale of pay to the date of his re-instatement or restoration to his service, grade or post, or;

(d)determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time scale or pay of stage in a time scale of pay to the date of his re-instatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose.

15. Appellate Authority. - An employee, including a person who has ceased to be in Corporation's service, may prefer an appeal against all or any of the orders specified in rule 14 to the authority specified in this behalf either in the Schedule or by a general or special order of the Board.

16. Period of limitation for appeal. - No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of sixty days from the date on which a copy of the order appealed against is delivered to the appellant:

Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant has sufficient cause for not preferring the appeal in time.

17. Form and contents of appeal. - (1) Every person preferring an appeal shall do so separately and in his own name.

(2)The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself.

(3)The authority which made the order appealed against shall on receipt of a copy of the appeal forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the appellate authority.

18. Consideration in appeal. - (1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 10 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

(2)In the case of an appeal against a order imposing any of the penalties specified in rule 1 or to enhancing any penalty imposed under the said rule, the appellate authority shall consider-

(a)whether the procedure laid down in these Rules has been complied with, and if not, whether such non-compliance has resulted in the violation of any provisions of any laws or in the failure of justice.

(b)whether the findings of the disciplinary authority are warranted by the evidence on the record: and

(c)whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe-

(i)confirming, enhancing, reducing, or setting aside the penalty, or

(ii)remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case:

Provided that-

(i)if the enhanced penalty which the appellate authority proposes to impose is one of the major penalties and an enquiry under rule 4 has not already been held in the case, the appellate authority, shall itself hold such inquiry or direct that such enquiry be held in accordance with the provisions of rule 4 and thereafter, on a consideration of the proceedings of such inquiry and after giving the appellant a reasonable opportunity, as far as may be in accordance with the provisions stated hereinbefore, of making a representation against the penalty proposed on the basis of the evidence adduced during such enquiry, make such orders as it may deem fit; and

(ii)if the enhanced penalty which the appellate authority proposes to impose is one of the major penalties and an enquiry has already been held in the case, the appellate authority shall, after giving the appellant a reasonable, opportunity, as far as may be in accordance with making a representation against the penalty proposed on the basis of the evidence adduced during the inquiry make such orders as it may deem fit; and

(iii)no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be in accordance with the provisions of these Rules of making a representation against such enhanced penalty.

In an appeal against any other order specified in rule 14 the appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.

19. Implementation of orders in appeal. - The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

Part VI – Review

20.

(1)Notwithstanding anything contained in these Rules-

(i)the Board/Executive Committee; or

(ii)the appellate authority within six months of the date of the order proposed to be reviewed; or

(iii)any other authority specified in this behalf by the Board by a general or special order, and within such time as may be prescribed in such general or special order;

may at any time, either on his or its own motion or otherwise call for the records of any inquiry and review any order made under these Rules and may-

(a)confirm, modify or set aside the order, or

(b)confirm, reduce, enhance or set aside the penalty imposed by the order or impose any penalty where no penalty has been imposed, or

(c)remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case, and

(d)pass such other orders as it may deem fit:

Provided that no order imposing or enhancing any penalty shall be made by any reviewing authority unless the employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the major penalties or to enhance the penalty imposed by the order sought to be reviewed, no such penalty shall be imposed except after an enquiry in the manner laid down in rule 4 and after giving a reasonable opportunity to the employee concerned of showing cause against the penalty proposed on the evidence adduced during the inquiry.

(2)No proceeding for review shall be commenced until after-

(i)the expiry of the period of limitation for an appeal, or

(ii)the disposal of the appeal, where any such appeal has been preferred.

(3)An application for review shall be dealt within the same manner as if it were an appeal under these Rules.

Part VIII – Miscellaneous

21. Service of orders & notices. - Every order, notice and other process made or issued under these rules shall be served in person on the employee concerned or communicated to him by registered post.

22. Power to interpret Rules. - The Board of Directors, Executive Committee reserve the right to interpret the provisions of these Rules.

23. Power to amend, modify or add to these rules. - The Board may amend, modify or add to these Rules from time to time and all such amendments, modification or additions shall take effect from the dates stated therein.

Appendix IForm of Security BondKnow All Men by These Presents That I ........................... son/daughter/wife/widow of Shri........... ordinarily residing at........ am held and firmly bound to the Rajasthan State Warehousing Corporation (hereinafter referred to as "The Corporation") in the sum of Rs.......... (Rupees ........) to be paid in case for which payment, well and truly to be made, I bind myself, my heirs, executors, administrators and legal representatives by these presents.Signed and dated this ....... day of....... one thousand nine hundred..............Whereas the above bounden................ (hereinafter referred to as "the employee") was on the ........... day of............ 19................ appointed to and now holds the posts of...........in the Corporation And Whereas the said ............. by virtue of holding such post is bound to collect or receive property and money which may come into his hands or possession or under his/her control, and to keep and render true and faithful accounts of his/her dealings therewith AND WHEREAS the employee is bound to keep such property and money in the form and manner that may, from time to time, be laid down by the Corporation, and also to prepare and submit such returns, accounts and other documents as may from time to time be required of him/her.And Whereas the employee has, in pursuance of regulation of the Rajasthan State Warehousing Corporation (Staff) Regulations, 1974 agreed to deposit the abovementioned sum of Rs...............(Rupees .........) in the aforesaid manner a security for the due and faithful performance by the employee of the duties of the said post and of any other post requiring security to which he/she may be appointed at any time and all other duties which may be required of him/her while holding any such post as aforesaid and for the purpose of securing and indemnifying the Corporation against all loss, injury, damage, costs or expenses which the Corporation may. in any way. suffer, sustain or pay, by reasons of the misconduct, neglect, over-sight, or any other act or omission of the employee or of any person or persons acting under him/her or for whom he/she may be responsible.And Whereas the employee has entered into the above written bond in the sum of Rs. ............. (Rupees.........) conditioned for the due performance by him/her of the duties of the said post as aforesaid and of other duties pertaining thereto which may be required of him/her and to indemnify the Corporation against loss from or by reason of the acts of defaults of the employee and of all and every person or persons aforesaid.Now The Condition of the Above Written Bond is such if the employee has whilst holding the said post as aforesaid, always duly performed and fulfilled the duties of the said post and other duties which may from time to time be required of him/her and shall duly pay to the Corporation as it may direct or to the persons lawfully entitled thereto all such moneys and securities for moneys and properties which are payable or deliverable to the Corporation or to the persons lawfully entitled thereto and shall come into his/her possession or control by reason of the said post and shall duly account for and deliver up all moneys, papers and other property which shall come into his/her possession or control by reasons of the said post and the employee his/her heirs, executors, administrators or legal representatives shall pay or cause to be paid to the Corporation the amount of any loss or defalcation in the Corporation or of the commodities deposited in a warehouse of the Corporation within twenty four hours after the amount of such loss and/or defalcation shall have been demanded from the employee by the Managing Director or Secretary of the Corporation, such demand to be in a writing and left at the office or last known place of residence of the employee and shall also at all time indemnify and save and keep harmless the Corporation from all and every loss, injury, damage, actions, suits, proceedings, costs, charges or expenses service or employment of the employee in such post as aforesaid he sustained, incurred, suffered, brought, sued or commenced or paid by the Corporation by reason of any act, embazzlement, defalcation, mismanagement of the employee or of any person or persons acting under his/her or for void and of no effect otherwise the same shall be and remain in full force and virtue. PROVIDED ALWAYS and it is hereby declared and agreed thereof as aforesaid shall be and remain with the Corporation for the time being as such security as aforesaid with full power to the Managing Director or Secretary of the Corporation for the time being, as occasion shall require, to apply the said sum of Rs. ............... (Rupees.........) or any part thereof, in and towards indemnify of the Corporation or otherwise as aforesaid.And it is hereby further agreed that in the event of the death of the employee or on his/her final termination of the service from the Corporation, or in the event of the employee ceasing to hold any post requiring security the said sum of Rs. .......... (Rupees...........) or so much thereof as shall then remain in deposit and shall not have been applied or appropriated as aforesaid shall be returned on the expiry of six months from the date of death or final termination of service of the employee or of his/her ceasing to hold a post requiring security as the case may be, to his/her legal representatives or to him/her as the case may be without interest and this bond shall remain with the Corporation for recovering any loss, injury, damage, costs or expenses that may have been sustained, incurred or paid by the Corporation owing to any act, neglect or default of the employee or any such other person or persons as aforesaid and which may not have been discovered until after his/her death or the termination of his/her service, or ceasing to hold any office for which the security was required:Provided Always that the return at any time of the said security shall not be deemed to affect or prejudice the right of the Corporation to take proceedings upon or under this bond against the employee or against his/her heirs, executors, administrators of legal representatives after his/her death, in case any breach of conditions of this bond shall be discovered after the return of the said security and responsibility of the employee of his/her estate as the case may be, shall at all times continue, and the Corporation shall be fully indemnified against all such loss or damage as aforesaid at any time:Provided Further that nothing herein contained for the security hereby given shall be deemed to limit the liability of the employee in respect of matters aforesaid to the forfeiture of the said sum of Rs. .......... (Rupees.......) or any part or parts, thereof and that should the said sum be insufficient to indemnify the Corporation in full for any loss or damage sustained by it in respect of matter aforesaid or any of them the employee shall pay the Corporation on demand such further sum as shall be deemed by the Managing Director or Secretary of the Corporation to be necessary, in addition to the said sum of Rs. ............. (Rupees...........) to cover such loss or damage as aforesaid and that the Corporation shall be entitled to recover such further sum payable as aforesaid in any manner open to it.Signed by the above boundenonin the presence ofSigned for and on behalf of the Corporation by the Managing Director or Secretary of the Corporation duly authorised in that behalf in the presence of.Note. - This bond is to be executed at the cost of the Bounden on a non- judicial stamp paper of requisite value according to the Schedule of the State in which it is executed.Appendix II "A"Constitution of Selection Committee for Direct Recruitment

(I)For Higher Middle Level & Middle Level ManagementPosts:
Chairman	Chairman
One Directorto be nominated by the Executive Committee.	Member
SubjectExpert to be nominated by the Chairman.	“
ManagingDirector.	“
(II)For Lower Middle Level Management Posts &Subordinate Post.
Managing Director	Chairman
Senior-most Officer of theCorporation next to Managing Director.	Member
Concerned Officer of theCorporation Secretary.	Member Secretary

Appendix II "B"Constitution of (D.P.C.) for Promotions

(I)For Higher Middle Level & Middle Level ManagementPosts:
Chairman	Chairman
One Directorto be nominated by the Executive Committee.	Member
Representativeof Administrative Department.	“
ManagingDirector.	“
(II)For Lower Middle Level Management Posts &Subordinate Post.
Managing Director	Chairman
Senior-most Officer of theCorporation next to M.D.	Member
Concerned Officer of theCorporation Secretary.	Member Secretary

Recruitment SchedulesRecruit Rules for Posts in Business Division

S.No.

Name of the post

Classification

Scale of pay

Whether selection post or non-selection post

Age-limit for direct recruits

Education & other qualification &experience required for Direct Recruits

Whether Age & Educational Qualificationsprescribed for the Direct Recruits will apply in the case ofpromotees

Period of Probation in case of Direct Recruits

Method of Recruitment whether by DirectRecruitment or by Promotion/ Transfer/ Deputation &Percentage of the Vacancies to be filled by Various Methods

Eligibility for promotion

In the case of Recruitment by promotion/Transfer/ Deputation Grade from which Promotion to be made

Composition of D.P.C./ Selection Committee

Dy. Director

500-30-800-50-1000

Selection Post

N.A.

By Promotion or as may be decided by Board

3 years service as Asstt. Director/ Sr. S.I.O.Rs. 375- 850

N.A.

As given in Appendix II

Asstt. Director

375-25-550-30-850

-do-

N.A.

100% by promotion

3 years service as Storage & InspectionOfficer Rs. 300-800

-do-

Storage & Inspection Officer

300-25-500 EB-20-450-25-625

-do-

N.A.

100% by promotion

3 years service as W.M., Gr. II, Rs. 250-650

-do-

Warehouse Manager Gr. I

250-20-390 EB-20-450-25-625

Non- Selection Post

N.A.

100% by promotion

2 years service as W.M., Gr. II, Rs. 225-525

-do-

Warehouse Manager Gr. II

III

225-15-345 EB-20-525

-do-

N.A.

100% by promotion

(i) 80% by promotion from amongst TechnicalAssistants who have completed 3 years, service as such(ii)20% by promotion from amongst Assistants who have completed fiveyears service as Assistants out of which 3 years service shouldhave been in the field

-do-

Technical Asstt.

200-15-305 EB-15-350-20-450-25-500

-do-

Between 18 to 28

Degree in Agriculture with II Division

N.A.

One year

100% by direct recruitment

–

-do-

Statistical Asstt.

III

180-10-200-15-385-20-425

-do-

M.A. In Economics Statistics I or II Division

N.A.

One year

By Promotion or as may be decided by Board

–

-do-

Computer

III

130-8-170-10-190 EB-10-210-15-300

-do-

B.A. In Economics or B.Com. with II Division

N.A.

One year

Direct recruitment

–

-do-

Godown Keeper

75-4-115-5-140

Non- Selection

-do-

Secondary or equivalent preferably withagriculture as one of the optional subject

N.A.

One year

(i) 80% by direct recruitment(ii) 20% bypromotion

3 years service as Class Iv servant for thosewho are Secondary/ Higher Secondary Rs. 60-85

As given in Appendix II

Recruitment Rules for the Post inAdministration Division

Secretary

500-30-800-50-1000

Selection Post

25 to 35 years

M.B.A. or Degree in Commerce, Science or Artsand 5 years experience in a supervisory position in public orprivate sector undertakings

–

By deputation from State Government or State PublicSector Undertakings or as may be decided by the Board orExecutive Committee

–

As given in Appendix II

Office Supdt.

225-15-345-20-525

No Selection

N.A.

–

100% by promotion or deputation from State Governmentwhere suitable candidates not available

4 years service in the Corporation as Assistant

-do-

P.A./P.S. to Chairman/ Managing Director

III

180-10-220-15-280 EB-35-385-20-425

-do-

18 to 28 years

(i) Higher Secondary or equivalent(ii) Speedof 120 W.P.M. In shorthand & 50 W.P.M. In typing.

–

One year

By direct recruitment or by deputation from theState Government or Public Undertakings

N.A.

-do-

Stenogrpaher

III

170-10-210-15-390

-do-

18 to 28 years

(i) Higher Secondary or equivalent(ii) Speedof 100 W.P.M. In shorthand & in typing 40 W.P.M.

–

One year

By direct recruitment or by deputation from theState Government or Public Undertakings

–

-do-

Assistant

III

170-10-210-15-390

-do-

N.A.

100% by promotion

5 years service as UDC in the Corporation Rs.130-300

-do-

U.D.C.

III

130-8-170-10-190 EB-10-210-15-300

-do-

N.A.

-do-

100% by promotion (67% by seniority-sum-merit &33% by merit)

3 years experience as LDC in case of Graduates &7 years (experience as LDC in case of Non-Graduates Rs.110-230)

-do-

L.D.C.

III

110-5-150 EB-5-160-8-200-10-230

-do-

Higher Secondary or equivalentand Speed of 35W.P.M. in English or 30 W.P.M. In Hindi typing.

(i) 70% by direct recruitment on the basis ofcompetitive test(ii) 30% by promotion

3 years service experience as G.K. Or 5 years asClass IV employees who are Secondary Rs. 60-85 or 75-140

-do-

Peon/ Chowkidar

III

60-1-65-2-69 EB-2-85

Non Selection Post

N.A.

Literate

M.A.

-do-

By direct recruitment

–

-do-

Recruitment Rules for Posts in FinanceAccounts, Accounts Division

Sr. Accounts Officer

–

To be filled by deputation from State Government

–

N.A.

Asstt. Accounts Officer

275-20-375-25-650

Non Selection Post

Between 25 to 30 years

(i) Post-Graduate in Commerce with AdvancedAccountancy & II Division(ii) Experience of 3 years ofFinance & Acctts. in Public Sector Undertakings orCommercial organisation of repute or A.C.A.

One year

As may be decided by the ExecutiveCommittee/Board

(i) Degree in Commerce(ii) 4 years service asAccountant Rs. 200-525

–

As given in Appendix II

Accountant

III

200-15-350-20-450-25-525

-do-

N.A.

One year

100% by promotion or by deputation from StateGovernment where suitable candidates not available

3 years service as Jr. Accountant Rs. 170-390

–

-do-

Jr. Accountant

III

170-10-210-15-390

-do-

N.A.

One year

100% by promotion or by deputation from StateGovernment where suitable candidates not available

5 years service as UDC/ Accountant Clerk in theCorporation. The candidate must have passed the Accounts ClerksExamination of the Corporation

–

-do-

Accounts Clerk

III

130-8-170-10-190 EB-10-210-15-300

-do-

18 to 28 years

B.Com. II Division Persons having experience ofworking of Commercial Undertakings will be given preference

One year

(i) 50% by direct recruitment(ii) 50% bypromotion from amongst Corporation's employees throughqualifying test

U.D.Cs & L.D.Cs having completed 2 year'sservice will be, eligible for admission in Examination

–

-do-

Recruitment Rules for Posts in EngineeringDivision

Asstt. Engineer

375-25-550-30-850

Selection post

–

Graduate in Civil engineering with 3 years'experience in construction work or Diploma-holder with 10 yearsexperience.

–

One year

As may be decided by the Board/ ExecutiveCommittee

–

Overseer

III

180-10-220-15-280 EB-15-385-20-425

20 to 28 years

–

Diploma in Civil Engineering with 2 yearsexperience in construction work

–

One year

100% by direct recruitment

–

As given in Appendix II

Draftsman

III

130-8-170-10-190 EB-10-210-15-300

-do-

–

(i) National Trade Certificate from I.T.I.(ii)3 years experience or(iii) Diploma in Civil Engineeringfrom recognised University/ Institute and(iv) One year'sexperience in Draftsmans hip

–

-do-

100% by direct recruitment

–

-do-

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