THE HARYANA STATE CO-OPERATIVE APEX BANK'S STAFF SERVICE (COMMON CADRE) RULES, 1988

CHAPTER I

PRELIMINARY

Rule - 1.

(i)       In exercise of power conferred by Section 37 of the Haryana Co-operative Societies Act, 1984 and in consultation with the Haryana State Co-operative Apex Bank Ltd., the undersigned being the Registrar, Co-operative Societies, Haryana makes the following rules, regulating the recruitment and conditions of service of the employees working in the Haryana State Co-operative Apex Bank Ltd., and these shall be known as the Haryana State Co-operative Apex Bank's Staff Service (Common Cadre) Rules, 1988.

(ii)      The Haryana State Co-operative Bank's Staff Service (Common Cadre) Rules, 1976 are hereby repealed.

Provided that any action taken order issued by law made under the provisions of the rules (Common Cadre) hereby repealed shall, in so far as it is not in consistent with the provision of these rules, be deemed to have been taken issued or made under the provisions of these rules.

Rule - 2.1. Commencement.--

These rules shall come into force w.e.f. 5.5.1988.

Rule - 2.2. Applications.--

These rules shall apply to all employees of the Haryana State Coop. Apex Bank Ltd.

Rule - 3. Definitions.--

In these rules, unless the context required otherwise :

(a)      "Apex Bank" means the Haryana State Coop. Apex Bank Ltd.

(b)      "Central Bank" means a Central Coop. Bank Ltd., working under Haryana Coop. Socs. Act.

(c)      "The Board" means the Board of Directors of the Haryana State Coop. Apex Bank Ltd.

(d)      "The Managing Director" means an officer appointed by the Haryana State Government as Managing Director of the Apex Bank.

(e)      "The Chairman" means the Chairman of the Haryana State Co-operative and Apex Bank Ltd.

(f)       "The Government" means the Government of the Haryana State.

(g)      The Registrar" means the Registrar, Co-operative Socs., Haryana.

(h)     "Direct Recruitment" means the appointment made otherwise than by promotion from within the service or by transfer on deputation.

(i)       "Category/Categories of service" means the category/categories specified in Annexure-T.

(j)       "Equivalent Posts" means any two or more posts on the service carrying identical time scales.

(k)      "Salary" means the basic monthly pay plus D.A.

(l)       "Family" means an employee, spouse, unmarried sons, unmarried daughters and parents wholly dependent upon him/her and actually residing with the employees.

(m)    "Officer" means an employee not below the rank of A.M./D.O.

(n)     "Employees " include all salaried persons appointed either on adhoc or temporary or permanent basis in the service of the Bank.

(o)      "Staff Sub-committee" means the committee constituted by the Board.

(p)      "Average Pay" means the average monthly pay earned while on duty during twelve calendar months immediately preceding the month in which the employee proceeds on leave.

(q)      "Year" means the Co-operative Year from 1st July to 30th June.

CHAPTER II

Rule - 4. Appointments.--

(i)       The Board shall be appointing authority for all categories of posts in the service except the post mentioned at Sub-clause (ii). The Board may constitute a Staff Sub-Committee for making above mentioned appointments.

 

(ii)      The Managing Director alone shall be competent to recruit employees up to basic salary of Rs. 1400/-p.m.

4.1. Creation of posts.--

The Board of Directors shall determine the Staff strength of the Bank, add to it, reduce from it subject to the approval of RCS. The sanctioned strength of staff is given in Annexure - III.

4.2. Categorization of posts.--

The classification of various categories of services shall be as specified in Annexure I.

4.3. General Conditions relating to appointment.--

(i)       The following general conditions shall apply to all appointments in service :-No person shall be appointed in services unless he is :-

 

(a)      A citizen of India or

 

(b)      A subject of Nepal or

 

(c)      A subject of Bhutan or

 

(d)      A Tibetan refugee who came once to India before 1.1.1962 with the intention of permanently settling in India or

 

(ii)      A person of Indian origin, who has migrated from Pakistan, Burma, Sri Lanka (Formerly Ceylon) and East African countries of Kenya, Uganda and United Republic of Tanjania (Formerly Tanganyika and Zanzibar) with the intention of permanently settling in India.

Provided that a person belonging to category b, c, d and e be a person in whose favour a certificate of eligibility has been issued by Govt. and if belongs to category (e) the certificate of eligibility will be issued for a period of one year, after which such person will be retained in service subject to his having acquired Indian Citizenship.

(iii)     No person shall be appointed by direct recruitment if he is less than 18 years old or above 32 years in age on the date of inviting applications. The age limit may be relaxed in cases of employees of Government/Board/Corporations/Co-operative Institutions and Ex-servicemen up to 10 years by the competent authority.

 

(iv)    No person shall be appointed unless he has been certified by a Medical Officer not below the rank of Assistant Surgeon to be of sound constitution and medically fit to discharge his duties.

 

(v)      No person shall be appointed to the service if he has previously been dismissed from service of any Govt. Deptt. or Co-operative or any other Institution or has been convicted by the Court of law as a result of some act of dishonesty or moral turpitude.

 

(vi)    No person shall be directly appointed in service of the Bank unless his antecedents have been verified to the satisfaction of the bank through State Police Agency.

Rule - 5. Qualifications.--

The qualifications for various categories of employees covered by these rules shall be as specified in Annexure-ll. The Board may revise the qualifications subject to the approval of the Registrar from time to time.

Rule - 6. Staff Securities.--

(i) The staff of the Bank be required to furnish cash security as detailed below at the time of joining services :-

Rule - 7. Nature of Appointment.--

(1)     An appointment may be made in any of the following manners subject to the prescribed qualifications for the post :-

 

(a)      Regular

 

(b)      Temporary

 

(c)      Adhoc

 

(d)      On daily wages.

 

Rule - 8. Mode of Appointment.--

8.1. Appointment to various posts of service shall be made as under :-

(i)       Managing Director shall be appointed by the State Govt. as per provisions of the Haryana Coop. Societies Act.

 

(vii)   General Manager :

 

(a)      By promotion from the post of Deputy General Manager (Category 2)

 

(b)      by transfer on deputation of a person from the Co-operative Department or other Coop. Institution/RBI/NABARD.

 

(viii)  Deputy General Manager (Apex Bank)

By promotion from the post of Asst. General Manager.

(ix)    Assistant General Manager :-

 

(a)      By promotion from the post of Manager.

 

(b)      By transfer on deputation of a person from Coop. Deptt. or other-Co-operative Institution/RBI/NABARD.

(x)      Manager

By promotion from the post of Asst. Manager/Dev. Officer/Farm Guidance Officer.

(xi)    Assistant Manager/Development Officer

 

(a)      by direct recruitment

 

(b)      by promotion from Registrar 'A' containing Senior Accountants of CCBs/Accountants of Apex Bank.

 

(xii)   Farm Guidance Officer

 

(a)      By Direct recruitment

 

(b)      By transfer from Co-operative Deptt. Coop. Institution or Agric. Deptt. or Commercial Banks or Haryana Agriculture University. N

(xiii)  Accountant

By promotion from the post of Jr. Accountants/Stenographers.

(xiv)  Junior Accountants/Stenographers

 

(a)      by direct recruitment;

 

(b)      by promotion from the post of Clerks/Cashiers, Steno- typists/Librarian, PBX Operator.

 

(xv)   Steno-typists/Clerks/Cashiers/Typists/Librarian/Telephone Operator.

 

(a)      By direct recruitment.

 

(b)      By promotion from Record-keeper.

 

(xvi)  Drivers

By direct recruitment

(xvii) Record Keepers

 

(a)      By direct recruitment

 

(b)      By promotion from Peons, Chowkidar, Gardener, Gunman, Sweeper. 

 

(xviii)   Head Gunman

By promotion from the post of Gunman.

(xix)  Gunman

By direct recruitment

(xx)   Sweepers

By direct recruitment

(xxi)  Gardner

By direct recruitment

8.2. Appointment to various vacancies under different categories of posts as indicated under Rule 8.1 shall be in the following ratio.

8.3. Appointment by direct recruitment.--

Except in the case of adhoc appointments where the period shall not exceed 6 months and where the number of such appointment shall not exceed 5% of the sanctioned strength of that category of the post.

(i)       All direct appointments shall be made after proper advertisement in at least one leading daily newspaper mentioning the qualifications required and the grade of pay and other allowances and notifying to the Employment Exchange. The reservation for various classes shall be as per State Government instructions issued from time to time.

 

(ii)      The appointing Authority may prepare a waiting list up to 25% of the sanctioned strength which will be valid up to 6 months from the date of selection.

 

(iii)     The appointing authority may fix the order of merit in the decision of selection and the appointment to the posts shall be made in the order of merit list. The inter-se-seniority among such recruits shall be fixed on the basis of the merit.

8.4. The management may appoint any suitable, qualified and experienced person in the interest of the institution, as advisor subject to the approval of RCS.

8.5. Appointment by promotion.--

(i)       The appointment by promotion to the posts under a category shall be made from eligible employees working in lower category as specified in Rule 8.1 and 8.2.

 

(ii)      The appointing authority shall be guided by service record, qualifications both academic and professional and seniority of the employees in category for promotion.

Rule - 9. Confirmation of service.--

(i)       Every person appointed to any post in Bank shall remain on probation for a period of two years unless it is extended for a further period not exceeding one year.

 

(ii)      Notwithstanding the other provisions contained in these rules, during the period of probation including extended probation period an employee directly recruited shall be liable to be discharged from service without giving any notice and opportunity. A promoted employee shall be liable to be reverted to the lower post, if his work and conduct is found unsatisfactory.

 

(iii)     An employee on probation shall be eligible for confirmation after successful completion of period of his probation subject to availability of post.

 

(iv)    No employee shall be deemed to have been confirmed in the service unless specific orders are issued in this regard by the appointing authority.

Rule - 10. Fixation of seniority.--

10.1. Seniority of employees shall be determined from the date of joining in a category of post as a regular employee subject to the following conditions :

(i)       If the appointment is made in pursuance of Rule 8.3 then their seniority shall be determined according to the merit list as provided in Rule 8.3(iii).

 

(ii)      If the date of joining of two or more employees in a category of service through direct recruitment and promotion is the same the latter shall be senior to the former.

 

(iii)     The inter-se-seniority shall be determined according to age, older being senior.

10.2. If two or more employees are promoted in the same category/cadre on the same date, the seniority shall remain in the same order as in the lower category.

10.3. The final seniority list of each category of staff shall be issued by the Managing Director.

Rule - 11. Integrated seniority list.--

An integrated seniority list of all the senior Accountants of Central Coop. Banks and Accountants of Apex Bank shall be prepared. The persons fulfilling the minimum qualifications fixed for promotion shall be considered for promotion on the basis of the integrated seniority-cum-merit.

Rule - 12. Record of service.--

(i)       The record of service of every employee inclusive of accounts of all types of leave (except casual leave of staff attached to central banks) annual increments, promotion or officiating promotion and punishments, if any, will be maintained or caused to be maintained by the Apex Bank in the Service books as prescribed under CSR applicable to Haryana State Govt. employees*or may be prescribed by the competent authority for the purposes and all entries shall be confirmed by an officer appointed by the Managing Director. The employees shall have a right to see their service books.

 

(ii)      In case of staff of the Apex Bank and the Central Banks, remarks in the character rolls shall be recorded annually in the month of July or immediately thereafter or whenever any special good work or any serious lapse is noticed by the following authorities:-

 

(iii)     Whenever adverse remarks are recorded in the character rolls of an employee, the entire remarks including the adverse portion shall be communicated to the employee concerned within 6 months of the recording of the remarks. The employee concerned on receiving the copy of adverse remarks shall have a right to represent against them within six months. Such representation shall be disposed of as follows:-

 

(iv)    The decision of appellate authority shall be final and binding.

Rule - 13. Training and examinations.--

13.1. Any member of the staff may be required to undergo general or special training or refresher course of training. A direct employee deputed for training to any of the Coop. Training Institution shall execute a bond/agreement undertaking to serve the bank atleast for a period of 3 years from the successful completion of training failing which he shall be liable to pay expenses of training inquired by the Institutions on his training. An employee who fails to successfully complete the training or pass the examination prescribed shall do the training again or take the examination as per rules of the training Institution at his own expenses.

During the period of training, the newly recruited employee will be paid stipend only as follows :-

13.2.(i) An employee who passes part I of CA IIB examination shall be allowed one advance increment in his own pay scale.

(ii) An employee who passes part II of CA IIB examination shall be allowed one more advance increment in his own pay scale.

(iii) These advance increments shall be sanctioned by the Managing Director.

Rule - 14. Posting and Transfers.--

(i)       The Managing Director shall be competent to transfer any employee of Common Cadre from Apex Bank to Central Coop. Bank and vice versa.

 

(ii)      No TA shall be paid for joining service at the place of posting for a new direct appointment under Rule 8.3.

 

(iii)     The employee transferred from one station to the other shall be entitled to TA rules as per Govt. Rules.

 

(iv)    On transfer of an employee from one bank to another, the transfer traveling allowance and joining time salary shall be paid by the bank to which the employee has been transferred.

CHAPTER III : PAY SCALES DEARNESS AND OTHER ALLOWANCES

Rule - 15. Pay scales.--

15.1. Unless anything is otherwise contained in these rules, salary of all the employees governed by these rules continue to be in accordance with their existing pay scales as specified in Annexure I and as revised from time to time.

15.2. If an employee is promoted from the post of lower category to a post of higher category, his initial salary in the higher post shall be fixed according to the provisions of the Government Rules.

15.3. Annual increment in the pay scale shall accrue normally to an employee after he has completed one year's service in the pay-scale, unless it has been withheld for reasons of unsatisfactory work or/and conduct etc. and communicated in writing to the employee concerned.

15.4. The annual increments to the employees shall be allowed w.e.f. first day of the month in which these fall due instead of actual date of accrual subject to the following conditions :-

(i)       The increment of an employee on leave other than casual leave on 1st of the month will be actually drawn from the date of resuming duty on return from leave as the employee will be entitled to only leave salary during his leave period.

(ii)      In cases where there is postponement of increment due to an employee proceeding on leave without pay, which is not counted for increment, normal increment will be granted for the 1st of month, in which the postponed increment as worked out under the existing rules and orders falls.

(iii)     The broken periods of service at the same stage in a time-scale count for increment. If an employee has officiated in a pay-scale for short periods at different times at the same stage of pay he will be granted increment from the 1st of the month in which it falls due after counting the broken periods equal to one year, provided the employee has also been holding the post from the 1st of that month to the date on which the increment falls due. In case he is not holding the post on the 1st day of the month, the increment will be granted from the date it falls due.

(iv)    Where the normal increment is withheld for specific periods and the period of such penalty expire after 1st of the month increment will be granted/restored from the date the penalty ceases.

(v)      The above will not be applicable in case of advance increments which are allowed as a result of passing of prescribed professional examinations. Such increments, where permissible, will be governed under separate rules.

15.5. The following periods shall count for qualifying the period of one year for the purpose of grant of annual increment :-

(i)       Period of duty in the post.

(ii)      All periods of leave with full pay.

(iii)     Period of officiating service in a higher post in the service provided an employee would have worked on the lower post but for his officiating promotion to the higher post.

(iv)    Period of suspension only if this period has been treated as duty period.

15.6. The Appointing Authority may in special cases allow initial salary at a higher stage in the grade upto four advance increments than normal admissible to an employee on his first appointment, in relaxation of rule 15.1 supra, for reasons of higher qualifications or better experience. These higher qualifications or better experience should be over and above the qualifications prescribed for the post.

15.7. The Board may grant cash awards to an employee who has done extraordinary meritorious job for the interest of the bank.

15.8. The sanction of increment at the time of crossing the efficiency bar shall be considered and allowed by the Managing Director on the basis of annual character rolls, confidential reports, additional banking qualifications acquired and necessary specialized training taken, as might have been prescribed by the Bank.

15.9. Biennial Increments.--Biennial increments shall be granted from due date to the employees of the Bank as per Govt. instructions issued from time to time.

Rule - 16. Dearness Allowance.--

The Dearness allowance and other allowance would be the same as admissible to Govt. employees under Govt. rules from time to time.

Rule - 17. Traveling allowance on tour transfer and training.--

Rules and rates of traveling allowance on duty, transfer and while under training shall be the same as applicable to the Govt. employees from time to time.

Rule - 18. Provident fund.--

Except the employees on deputation from Government all the employees of the Bank irrespective of their salary, who put in 6 months' continuous service or 120 working days, whichever is earlier, shall be entitled to get the benefit of provident fund as per the Provisions of the E. P. F. Act, 1952 or as amended or any other scheme framed there under from time to time.

Rule - 19. Medical reimbursement.--

The Medical reimbursement rules shall be as prescribed by the Registrar from time to time.

Rule - 20. Bonus.--

All the employees shall be allowed bonus as per the provisions of Bonus Act as amended up to date.

Rule - 21. Gratuity.--

All the employees shall be eligible for gratuity at the rates permissible to the State Govt. employees/officers.

Rule - 22. House rent allowance.--

The House rent allowance shall be allowed at Government rates.

Rule - 23. Conveyance allowance.--

The Board shall prescribe conveyance allowance rates to its employees subject to the approval of RCS.

Rule - 24. Compensatory allowance.--

All the employees may be allowed compensatory allowance as allowed by the State Govt. from time to time.

Rule - 25. Overtime allowance.--

Overtime allowance and closing allowance may be admissible to the employees as per RCS instructions issued from time to time.

Rule - 26. Uniforms and Liveries to Class IV Staff.--

Class IV employees of the Bank may be supplied summer and winter uniforms as under :-

Summer:- 2 Terri cot uniforms once in two years.

Winter :- One set of woolen uniforms with one woolen jersey once in three years. One pair of shoes once in a year.

Rule - 27.1. Leave travel concession.--

Leave travel concession shall be allowed to the employees as per State Government instructions issued from time to time.

Rule - 27.2. Leave fare concession.--

Employees will be allowed leave fare concession as admissible to the State Government employees.

Rule - 28. Financial liability of Apex and Central Co-operative Banks.--

(1)     Pay and allowances for the period of duty shall be paid to an employees by the State/Central Bank where the duty is performed. However, the subsistence allowance for the period of suspension and/or other emoluments for that period shall be paid by the Apex Bank.

(2)     For the period leave other than Casual leave, the pay and allowances shall be paid by the Apex Bank.

(3)     The salary, allowances, stipend, TA etc. to an employee deputed for training by the Apex Bank, shall be paid by the bank where the duty is performed, provided that the emoluments shall be reimbursed to Central Coop. Banks by the Apex Bank for any training beyond 90 days.

(4)     The Central banks shall pay to Apex Bank the contributions towards leave salary, Provident Fund, Gratuity, Excreta amount etc. at the rates intimated to them in respect of employees under Common Cadre working with them. The Apex Bank shall maintain various funds for these contributions received from Central Coop., Banks and these funds shall be administered by the Managing Director.

CHAPTER IV : LEAVE AND JOINING TIME

Rule - 29. General rules relating to leave.

29.1. Kinds of Leave.--

Subject to provisions of these rules, following kind of leave may be granted to an employee :-

(i)       Casual leave

(ii)      Earned leave

(iii)     Half Pay Leave/Commuted leave

(iv)    Extraordinary Leave

(v)      Maternity Leave.

29.2. Authorities empowered to grant leave.--

The power to grant leave other than casual leave shall vest in Managing Director in case of all employees of the Apex Bank as well as Managers/Assistant Managers/Development Officers/Farm Guidance Officer of the Central Coop. Banks. The casual leave of the employees of Apex Bank shall be sanctioned by the Deputy General Manager/Manager of the concerned Sections. In case of Managers of the Central Coop. Banks, casual leave shall be sanctioned by the Managing Director of the concerned Central Coop. Bank. In case of Asst. Managers/Development Officers/Farm Guidance Officer of the Central Banks, the M.D. shall be empowered to sanction casual leave. The casual leave to Managing Director/General Manager shall be sanctioned by the Chairman and other kinds of leave shall be sanctioned to him by the Appointing Authority.

29.3. Power to refuse leave or recall an employee.--

The competent authority may refuse leave or recall an employee at any time during his leave period without assigning any reasons.

29.4. Commencement and Termination of leave.--

(i)       The first day of an employee's leave is the working day succeeding that up to which he hands over the charge.

(ii)      The last day of an employee's leave is the working day preceding that up to which he reports for duty.

29.5. Obligation to furnish leave address.--

An employee shall before proceeding on leave intimate to the competent authority his leave address and shall inform the authority of any change in the address previously furnished.

29.6. Station to which an employee should report on return.--

An employee on leave shall, unless otherwise instructed to the contrary, return for duty to the places at which he was last stationed.

29.7. When medical certificate of fitness may be demanded.--

A competent authority may require an employee who has availed himself of leave for reasons of health to produce a medical certificate of fitness before he resumes duty even though such leave was not actually granted on a medical certificate.

29.8.(i) An employee who is in charge of cash or who is in charge of branch, sub-branch or other independent office, should not absent himself from station over-night or leave headquarters even during holiday without obtaining previous sanction from the competent authority.

(ii) No other employee of the bank should leave his station on holidays without obtaining the permission of his immediate officer.

29.9. If an employee after proceeding on leave desires extension, he should make an application to the Managing Director in writing for the purpose before the previous leave expires.

29.10. Bank holidays other than Sundays will not be allowed to be prefixed or suffixed to any leave without the sanction of sanctioning authority.

29.11. Special leave shall be granted to male and female employees who undergo sterilization operation and non-puerperal sterilization for salpingeo to my respectively as per Govt. instructions from time to time.

Rule - 30. Casual Leave.--

(i)       Casual leave shall be allowed at the rates admissible to the Government employees from time to time.

Rule - 31. Earned Leave.--

(1)     Earned leave shall be allowed to an employee as per Govt. rules.

(2)     Accumulation of Earned leave -

(i)       Un availed earned leave shall accumulate as admissible under Govt. Rules.

(ii)      At the time of retirement/death of an employee encashment of leave will be allowed as per Govt. Rules for its employees.

Rule - 32. Half pay leave/commuted leave.--

Half pay leave shall be allowed to all employees admissible to the State Govt. employees from time to time.

Rule - 33. Extra Ordinary leave.--

(i)       Extra-ordinary leave may be granted by the competent authority to an employee when no earned leave is due to him and due to his length of service no other leave is permissible to him.

(ii)      The competent authority may grant extra-ordinary leave in combination with in continuation of leave of any kind admissible to an employee and may commute retrospectively period of an absence without leave into extra-ordinary leave which in no case shall exceed 5 years.

(iii)     No pay and allowance are admissible during the period of extra-ordinary leave and the period spent on such leave shall not count for increments.

Rule - 34. Maternity leave.--

Maternity leave to permanent female employees shall be allowed as admissible to the State Govt. employees from time to time.

Rule - 35. Joining Time.--

(1)     Joining time may be allowed to an employee to enable him :-

(i)       to join duty at new station on promotion or in existing capacity;

(ii)      to join duty at a new station on return from leave when the employee in asked to do so while on leave.

(2)     Joining time which may be allowed to an employee shall ordinarily be eight days inclusive of the number of days spent on traveling until and unless specifically reduced by the competent authority in the orders.

(3)     In calculation joining time admissible to an employee the day on which he is relieved from his post shall be excluded but public holidays following the day of his relieving shall be included in the joining time.

CHAPTER V : PUNISHMENT FOR MISCONDUCT AND APPEALS THERE AGAINST

Rule - 36. Misconduct.--

36.1. Gross misconduct.--

For the purpose of punishments, the following acts of commission and omission on the part of the employee shall constitute Gross misconduct.

(a)      Dishonest, fraud, misappropriation, embezzlement or misappropriation of the funds of the Bank or any of its constituents or committing any offence under Indian Penal Code in relation to the Bank and its constituents.

(b)      Engaging in any trade or business outside the scope of his duties except with the permission of the Bank.

(c)      Unauthorized disclosure of information regarding the affairs of the Bank to any of its customers or any other person concerned with the business of the Bank which is confidential or the disclosure of which is likely to be prejudicial to the interests of the Bank.

(d)      Drunkenness/drug addiction or riotous or disorderly or indecent behavior.

(e)      Willful damage or attempt to cause damage to the property of the Bank or any of its customers.

(f)       Willful insubordination or disobedience of any lawful and reasonable order of a . superior, or misbehavior with any employee of Bank.

(g)      Habitual doing of any act which amounts to "minor misconduct 36.2" as defined below:

(h)     Habitual means a course of action taken or persisted in notwithstanding that at least on three previous occasions censure or warning have been administered or an adverse remark has been entered against him.

(i)       Willful showing down in performance of work.

(j)       Gambling or betting in the premises of the Bank.

(k)      Doing any act prejudicial to the interest of the Bank or gross negligence involving or likely to involve the Bank in serious loss or losses exceeding Rs. 100/-.

(l)       Giving or taking a bribe or illegal gratification from a customer or any employee of the Bank.

(m)    Taking part in politics or becoming a member of political party or taking part in any political demonstration or standing for election to a Legislature or Local authority.

(n)     Conviction from a Court of law for any offence involving moral turpitude.

(o)      Absence without leave or staying over the sanctioned leave without sufficient cause.

(p)      Neglect of work, carelessness in performance of duties.

(q)      Breach of any rule of the business of the Bank.

(r)      Holding or attempting to hold or attending any meeting deter mental to the interest of the Bank in the premises of the Bank.

36.2. Minor Misconduct.--

All or any of the following acts of commission or omission on the part of the employee shall constitute minor misconduct :-

(a)      unpunctual or irregular attendance.

(b)      committing nuisance in the premises of the Bank.

(c)      Attempting to collect or collecting money within the premises of the Bank without prior permission of the Management or extent as allowed by any rule or law for the time being.

(d)      canvassing for Union membership or collection of Union's dues or subscriptions within the premises of the Bank without the prior permission of the Management or except in accordance with the provisions of any rule or law for the time being in force.

(e)      Marked disregard of ordinary requirement of decency and cleanliness in person * or dress.

36.3. Penalties for Gross misconduct.--

An employee found guilty of gross misconduct may be awarded any one or more of the following punishments :-

(i)       Dismissal.

(ii)      Barring of promotion to the higher grade or post for. a specified period.

(iii)     Reversion to a lower grade or post.

(iv)    With-holding of one or more increments with or without cumulative effect.

(v)      Recovery from pay and/or security for any pecuniary loss caused to the Bank by the employee.

36.4. Penalties for minor misconduct.--

An employee found guilty of minor misconduct may be awarded any one of the following punishments according to gravity of his misconduct :-

(i)       Warning or censure or with-holding of one or more increments for a specified period.

(ii)      Demotion to a lower post or grade for a specified period or to a lower stage in his/her incremental scale.

(iii)     Recovery from pay and/or security for any pecuniary loss caused to the Bank by the employee.

36.5. The punishment, if any inflicted on any employee shall be recorded in his Service Bank.

36.6. Procedure to be adopted for punishment.--

(a)      No penalty shall be imposed on any employee unless the charge/charges on which it is proposed to take disciplinary action against him, have been communicated to him in writing and he has been given reasonable opportunity of showing cause against the action proposed to be taken against him/her.

(b)      An employee, against whom disciplinary action is. proposed to be taken for gross misconduct shall be given a charge-sheet clearly setting forth the charges. An enquiry shall be got conducted providing reasonable opportunity to the employee to enable him/her to appear and defend himself as also enable him to produce any evidence in his/her defense. The employee shall be permitted to cross-examine any witness, whose evidence is adduced to prove the charges and produce evidence in defense. In case any charge is held to be proved the employee shall be advised in writing of the nature of punishment proposed to be inflicted on him/her and he/she shall be given a hearing. The employee shall not be allowed to engage a Counsel at the enquiry.

(c)      Pending such enquiry, the employee may be suspended but if on the conclusion of the enquiry, he/she is acquitted of the charge (s) he/she shall be reinstated and he shall be entitled to the full pay and allowances and all other privileges for the period of suspension. If a punishment other than dismissal is inflicted the whole or a part of the period of suspension, may, at the discretion of the appointing authority, be treated as on duty with the right to a corresponding portion of pay, allowances etc.

(d)      The Managing Director shall be competent to issue charge-sheet, obtain explanation, appoint an enquiry officer, serve a notice for showing cause against the action proposed to be taken against an employee. In case no case is made out against the charged employee for inflicting punishment, the Managing Director shall be competent to file the same. The final punishment shall, however, be imposed by the appointing authority.

(e)      The Managing Director may arrange to complete the enquiry proceedings and action thereon within the first year of suspension, failing which the case will be referred to the Board.

Rule - 37. Suspension.--

(i)       The Managing Director shall be fully empowered to suspend an employee for his lapses and reinstate him if circumstances so warrant.

(ii)      Such order of suspension shall be in writing and shall be delivered to the employee or sent by registered post to his address available in the Bank's record.

(iii)     During the period of suspension an employee shall be paid subsistence allowance and other allowances at the rate admissible to the State Govt. employees from time to time.

Rule - 38. Appeals.--

(1)     An appeal against the order of the Managing Director, and Board imposing a penalty under Rule 36 shall lie with the Board and Registrar respectively. Each appeal shall be accompanied with a copy of the order against which remedy is sought.

(2)     No appeal shall be entertained unless it is made within 30 days from the date of communication of the order. The appellate authority may, however, entertain any appeal within 45 days of the said date, if the appellant has sufficient cause for not submitting the appeal in time. An appeal to the Board shall be routed through the Managing Director.

(3)     The appellate authority may after consideration of the case :

(i)       set aside, reduce or confirm the penalty.

(ii)      Remand the case to the authority, who imposed the penalty with such directions as it may deem fit in the case.

Rule - 39. Deductions out of dues payable to an employee.--

The Bank shall have the authority to make the following deductions from amounts payable to an employee :-

(a)      Fines

(b)      Deductions on account of unauthorized absence from duty.

(c)      For damages to or loss of goods entrusted to the employee where such loss or damage is due to his/her wilful negligence. Such deductions shall not exceed the amount of damages or loss and shall not be made till the employee is given a reasonable opportunity of explanation.

(d)      Shortage or loss of money which the employee is required to account for or any other money payable to Bank by the employee.

(e)      Recovery of advances or over-payment of bills and other charges.

(f)       Provident fund contribution.

(g)      Amount due in lieu of notices.

(h)     Other dues under the Haryana Co-operative Societies Act and Rules. Deductions shall be entered in the roll and separate receipts shall be issued.

(i)       Any other deductions for which he may have authorized the bank in writing or which the Bank may be legally entitled to make.

Rule - 40. Termination of employment, retrenchment.--

(a)      The appointing authority may terminate the service of adhoc employee without any notice or without assigning any reason.

(b)      If posts are abolished by the competent authority the effected employees shall be relieved of their job by giving three months notice or three months salary in lieu thereof.

CHAPTER VI : RESIGNATION, LIEN AND RETIREMENT

Rule - 41. Resignation.--

Subject to any express conditions contained in the appointment letter/bond with the employee :

(i)       No employee who has been in the service of the bank for a period of 3 months on purely temporary and ad hoc basis shall resign his post unless he has given 7 days previous notice or pay in lieu thereof;

(ii)      No employee other than mentioned clause (i) shall resign a post unless he has given 30 days notice or salary in lieu thereof.

(iii)     If an employee leaves service without giving the due notice he shall be liable to pay an amount equal to the salary including allowances for the period of notice or for the period by which the notice falls short and any other dues recoverable from him on account of a agreement/bond executed by him during the course of service or at the commencement of service.

(iv)    The Managing Director shall be competent to accept the resignation in all cases and reduce the notice period in genuine cases.

Rule - 42. Lien.--

The appointing authority may allow the retention of lien of an confirmed employee in the Bank if he joins another institution. The lien shall stand terminated when his service are confirmed in the borrowing institute or after a period of 5 years which ever is earlier.

Rule - 43. Retirement.--

(i)       Every employee appointed in the service shall retire on attaining the age of 58 years. The date of retirement of the employee except whose date of birth falls on the 1st day of the month, will be the afternoon of last day of the month in which their date of retirement falls instead of actual date of their superannuating. In case of employees, whose date of birth falls on the 1st day of the month, the date of retirement will be afternoon of the last day of the month preceding the month in which date of birth falls.

(ii)      An employee can get retirement on medical grounds after the completion of at least 15 years of service. For this purpose the medical certificate shall be required from a Medical Officer not below the rank of Chief Medical Officer or Senior Medical Officer of a Civil Hospital.

(iii)     The appointing authority shall if it is of the opinion that it is in the interest of the institution to do so, have the absolute right by giving an employee prior notice in writing, to retire that employee on the date on which he completes 25 years of qualifying service and attains the age of 50 years or on any date thereafter. The period of such notice shall not be less than 3 months provided that where at least than 3 months is given, the employee shall be entitled to claim a sum equivalent to the amount of his pay and allowances at the same rate, at which he was drawing immediately before the date of retirement, for a period of 3 months or for the period by which such notice falls short of 3 months.

(iv)    Any Bank employee may, after giving at least 3 months previous notice in writing to the Appointing Authority retire from service on the date on which he complete 25 years of qualifying service or attaining the age of 50 years of any date there-after to be specified in the notice. Provided that no employee under suspension shall retire from service except with the specific approval of the Appointing Authority.

(v)      In case of an employee who is retired or permitted to retire after the age of 50 years and 25 years service or any other date thereafter as the case may be the provisions contained in rule 43(i) regarding the date of retirement shall not apply.

CHANTER VII : LOANS TO STAFF MEMBERS

Rule - 44.

Conveyance and housing/marriage loan to employees shall be granted as per State Government Rules as amended from time to time, as per scheme approved by R. C. S. under Section 64. However housing loan facility shall be eligible only after an employee has put in at least 10 years service in the Bank. The Managing Director shall be competent to sanction and disburse such loans.

CHAPTER VIII : OTHER MISC. RULES APPLICABLE TO THE STAFF

Rule - 45. Compulsory sterlisation for Eligible Bank Employees.--

The instructions on compulsory sterlisation and benefits available to such cases shall be as per State Govt. instructions.

Rule - 46. Holidays.--

The Bank shall remain close on all Sundays and such other days, which are declared as holidays by the Govt. under Section 25 of the Negotiable Instrument Act, 1982. However, half-yearly and yearly-closing days on last day of December and June respectively declared as Bank holidays shall be working days for the Bank Staff.

Rule - 47.

Each member of the staff shall be required to submit a copy of his fresh postcard sized photograph after every five years to the Bank. The copy of old photograph shall not be returned.

Rule - 48.

 Any employee can be searched during the working hours. Such search shall be made by an officer in the presence of two witnesses.

Rule - 49.

An employee shall execute an agreement bond with the Bank at the time of first appointment that he/she shall serve the Bank at least for the period of 3 years after completion of probation period successfully. In case of Manager, A.M./D.O./Farm Guidance Officer this period shall be five years. In case an employee other than Manager, A.M./D.O./Farm Guidance Officers leaves the service before the expiry of the said period, he shall be liable to pay penalty equivalent to 3 months' basic pay, and in case of Manager, A.M./D.O./Farm Guidance Officer this penalty shall be 12 months' basic pay plus all the training expenses on training.

Rule - 50.

No employee shall, except when generally or specifically empowered or permitted in this behalf by the Managing Director, communicate or discuss directly or indirectly any documents or information which has come into his possession in the course of his official duties or has been prepared or collected by him in the course of official duties to another person, institution or to the press.

Rule - 51.

No employee shall engage in any business or pursuit either of his own account or as Agent for other without the prior approval of the appointing authority and shall not act as Agent for an Insurance Company including Life Insurance Corporation of India.

Rule - 52.

Every employee shall submit property statement every year.

Rule - 53.

Any employee, who contravenes the provision of this chapter, shall be liable to such penalty or punishment as appointing authority may decide.

Rule - 54.

 A copy of these rules shall always be in the custody of the Manager (Admin) and any employee governed by these rules shall have an access there to during the working hours.

Rule - 55. Compensation in case of death of an employee while in service.--

Exgratia grant to an employee in case of this death in service or his disability during service and employment to one of the members of his family shall be given as per the provision of the State Govt. from time to time.

Rule - 56. To provide the benefit to the Ex-servicemen employee of the Bank.--

The benefit of grant of Military Service to the Ex-servicemen employees of the Bank will be granted as per State Govt. instructions circulated vide Chief Secretary letter No. 12/14/84-2-G-C-1I dated 28.5.1985 for the grant of Military Service benefit to ex-servicemen under Punjab Govt. National Emergency (concession) Rules, 1965 as amended from time to time.

Rule - 57. Staff Welfare Fund Rule.--

The Board of Directors shall be competent to frame rules for the constitution and utilisation of Staff Welfare Fund and these rules shall form part of the service rules subject to the approval of Registrar.

Rule - 58. Amendments of rules.--

The Board of Directors shall be competent to amend, add or delete the service rules subject to approval of Registrar, Co-operative Socs. However, no new regulations or alteration in the existing Service Rules operate to reduce the scale of pay of an employee on which he is entitled to draw pay in a substantive capacity on the date of date on which the new rules or alteration comes into force.

Rule - 59. Interpretation of rules.--

If any doubt arises at any time as to the interpretation of these rules or their application notwithstanding anything contained in these rules, the matter will be referred to the Registrar, Coop. Societies, whose decision shall be final.