MADHYA PRADESH DAILY WAGES EMPLOYEES (CONDITIONS OF SERVICE) RULES, 2013

 

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Madhya Pradesh, hereby, makes the following rules regulating the conditions of service of the persons appointed as daily wages employees in the State of Madhya Pradesh, namely:-

Rule - 1. Short title, application and commencement.

(1)     These rules may be called as Madhya Pradesh Daily Wages Employees (Conditions of Service) Rules, 2013.

(2)     These rules shall be applicable on such daily wage employees who are already employed before 31st December, 1988 or reinstated by the order dated 21st January, 2004 issued by the Central Administration Department, Government of Madhya Pradesh.

(3)     These rules shall come into force from the date of its publication in the official Gazette.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,-

(a)      "Controlling Officer" means an officer who has the administrative powers to control the daily wages employee;

(b)      "employee" means the daily wages employee working in different departments of the Government;

(c)      "Government" means the Government of Madhya Pradesh;

(d)      "NPS" means the National Pension Scheme;

(e)      "PFRDA" means the Pension Fund Regulatory Development Authority, constituted as Regulatory Authority in the Pension Sector, by the Government of India vide order dated 10th October, 2003.

Rule - 3. Classification of Service.

The employees shall be classified in the following categories, namely:-

(a)      Skilled Daily Wage Employee;

(b)      Semi-skilled Daily Wage Employee;

(c)      Unskilled Daily Wage Employee.

Rule - 4. Official record of employees.

The Controlling Officer shall maintain the records of the daily wage employees mentioning the complete details as shown in Schedule I,

Rule - 5. Wages.

(1)     The wages of the employees shall be as per the daily wages fixed and revised by the Competent Authority in this regard.

(2)     In addition to the wages mentioned in sub-rule (1) above, employees working on daily wages shall be entitled to get special allowances, namely:-

Rule - 6. Age of superannuation.

Such daily wage employees who are working against class III or equivalent posts shall superannuate on completion of sixty years of age and the employees against who are working against class IV or equivalent posts shall superannuate on completion of sixty two years of age.

Rule - 7. Contribution of the Government towards retiral benefits.

(1)     At the age of superannuation, the daily wage employee shall be entitled for the contribution. Employee shall be paid an amount not exceeding Rs. 1,00,000/- (Rupees One Lakh) only as a contribution of the Government which shall be calculated on the basis of his wages of fifteen days:

Provided that the amount of contribution of the Government shall not include the amount of special allowances as prescribed in sub-rule (2) of rule 5:

Provided further that the employees who have been terminated under clause (b) of sub-rule (1) of rule 10 shall not be entitled for the amount of contribution of the Government.

(2)     Deduction in the contribution of the Government shall be done on the basis of pro-rata for the misconducts specified in sub-rule (2) of rule 10.

(3)     The calculation of contribution shall be done by the office of the Controlling Officer of the employee.

(4)     Five years continuous service shall be essential for an employee to become eligible for the contribution of the Government:

Provided that in case of death and physical disability this condition shall not be applicable.

Rule - 8. National Pension Scheme regulated by PFRDA.

(1)     The NPS initiated by PFRDA has been applied in the State of Madhya Pradesh, with effect from 1st May, 2009 for the domiciles of Madhya Pradesh.

(2)     The employee can opt to be a member under NPS and can avail the benefit of pension.

(3)     In case of an option given by the employee under sub-rule (2) above, a contribution equivalent to ten percent shall be deducted from his wages and the Government shall also contribute the same sum of amount and shall deposit it in the permanent account of the employee and the consolidated amount and permissible interest thereon shall be paid on his superannuation.

Rule - 9. Leave.

(1)     The employees shall be eligible for three national holidays that is 26th January, 15th August and 2nd October in a calendar year.

(2)     Apart from the national holidays as specified in sub-rule (1) above, the employees shall be eligible for five festival holidays. The employee can choose such holidays from the list of Government/Optional/Local Holidays.

(3)     Apart from the holidays mentioned in sub-rule (1) and (2) above, the employee shall be eligible for seven casual leaves in a calendar year. In normal case the employee shall not be eligible for more than two days of continuous casual leave.

(4)     Women employees shall be eligible for maternity leave as per the policy of the Government.

(5)     Apart from the holidays and leaves mentioned in sub-rule (1), (2), (3) and (4) above, the employee shall also be eligible for weekly holiday on Sundays. In the emergent situations, if the work has been taken on the weekly holiday, then the holiday in lieu thereof shall be permitted in the following week.

Rule - 10. Disciplinary action against the employee on misconducts.

(1)     The following acts shall be treated as serious misconduct:-

(a)      conviction by the court of law in any case;

(b)      theft and misappropriation of any Government property;

(c)      taking bribe to carry out the Government work;

(d)      disobeying the orders of officers;

(e)      gambling on duty in the work place;

(f)       consumption of liquor on Government duty;

(g)      participation in strike;

(h)     to destroy the Government property;

(i)       continuous absence for ten day without prior information;

(j)       provoking the other employee to partake in strike.

for any of the serious misconducts mentioned above, the employee shall be liable for punishment of termination from service.

(2)     The following acts shall be categorized as minor misconducts:-

(a)      late arrival on duty;

(b)      absent from duty for less than ten days without information;

for any of the minor misconducts mentioned above, the employee shall be liable for the punishment of recovery from his wages or payment of wages shall not be made to him.

Rule - 11. Termination.

(1)     The termination of the employee shall be made on the basis of the following grounds, namely:-

(a)      if there is no exigency of the work of the post on which the employee was working;

(b)      if the charges are proved as mentioned in sub-rule (1) of rule 10.

(2)     The Controlling Officer shall pass a speaking, reasonable and crystal clear order, mentioning the reasons for such termination.

Rule - 12. Interpretation.

If any question arises for the interpretation of these rules, the same shall be referred to the General Administration Department, Government of Madhya Pradesh, whose decision shall be final and binding.

 

SCHEDULE-I

(see rule 5)