(A GOVT. OF MAHARASHTRA UNDERTAKING)
EMPLOYEES REVISED SERVICE RULES 2004
In pursuance of the decisions taken and resolutions passed in the meeting of the Board of Directors of MAVIM in the 83rd Board Meeting dated 25.5.1993, 99th Board Meeting dated 16.3.2001, 109th Board Meeting of 30/12/2003 and 110th Board Meeting 20/1/2004, the following revised service rules, which may be called MAVIM Employees’ Revised Service Rules (MSER) 2004 are framed to govern the service conditions of all the employees of MAVIM, except where it is otherwise expressed or implied.
1) Short Title – These rules may be called "MAVIM Employees’ Revised Service Rules" (Revised MESRs) 2004.
2) Commencement and Scope
a) These rules shall come into force with effect from 1st April, 2004.
All past cases not decided on 31.3.2004 will be decided and settled as per provisions of these revised rules.
b) Except where it is otherwise expressed or implied, these rules shall apply to all employees of MAVIM whose conditions of service, the Board is competent to prescribe and are regulated by special provision in contracts or agreements made with or in letters of appointment issued to them in respect of any matter not governed by the provisions of such contracts or agreements or letters of appointment.
3) Definitions – Unless there is anything repugnant in the subject or context, the terms defined in this chapter are used in the sense herein explained :
a) "Corporation" or "MAVIM" means the "Mahila Arthik Vikas Mahamandal Ltd".
b) "Board" means "The Board of Directors of the MAVIM"
c) "Competent Authority" means "The Board of Directors of MAVIM who may delegate powers. In respect of any or of all the matters under these rules to the Managing Director who may further redelegate certain powers to the General Manager / Managers.
d) "Employees" means whole time and/or part time salaried employees of MAVIM, whose salary is chargeable to the funds of the MAVIM and so also include employees appointed on commission and/or contract basis by MAVIM.
e) "Prescribed" means prescribed by the Management.
f) "Management" means the Board of Directors either acting directly or through the Managing Director and/or officers of MAVIM to whom necessary powers have been delegated.
g) "Salary" means basic pay only.
h) "Emoluments" means Basic pay and all other allowances i.e. Dearness Allowances, i) House Rent Allowance, Compensatory Local Allowance, etc.
i) "Deputationists" means persons brought on deputation from other State Government Offices / Corporations whose Service conditions are governed by the rules of their respective departments.
– In case any dispute regarding interpretation of these rules, the decision of the Managing Director shall be final and binding.
5) Modification etc. of rules
– The Corporation reserves to itself the right to modify, rescind or amend any or all these rules or orders issued there under and give effect thereto from any date which the Corporation may deem fit.
6) Any action taken prior to the commencement of these revised rules shall be deemed to have been done under the corresponding provisions of the old rule.
7) Application of B.C.S.R., M.C.S. (conduct, discipline and appeal rules) and Manual of departmental enquiry.
8) Whenever it is found that there is no provisions made in the B.C.S.R., M.C.S. (conduct, discipline and appeal rules) and Manual of department enquiry may be adopted and applied.
9) Appointing Authority, Disciplinary and Appellate Authority
The Appointing Authority, Disciplinary and Appellate Authority to various posts shall be as indicated in the schedule II attached herewith.
Nature of Appointment
10) Nature of Appointment
The Management shall have the power to appoint employees in the following vacancies, and categories :
a) Permanent b) Temporary c) Casual or on daily wages d) Apprentice
The employment in these vacancies shall be made either by regular employment or on contract basis or on deputation.
11) Classification of post
The management shall have the power to appoint employees in these positions and in the scales of pay as shown in schedule 1 of these rules.
Provided the management shall have the right to create new positions or delete any of the existing positions and keep them in abeyance or vacant if and when circumstance so warrant.
12) Recruitment and selection
a) Appointment to the posts in MAVIM shall be made by the Management, either by promotion of suitable employees of the Corporation on the basis of seniority-cum-merit, merit promotion or by direct recruitment or by taking suitable employees on deputation.
Appointments to the posts of the level of AMO and below can also be made by the management on compassionate grounds, to one child of a regular employees who died in harness, provided that the candidate has the necessary qualifications. However such appointment will first be made on short term contract and if the incumbent is found able in discharging the responsibilities for the job, the employment will be continued on regular basis on an available vacancy.
b) I) The ration of reservation of posts by promotion and direct recruitment shall be 50:50. However the ratio for promotion of direct recruitment for the post of Asst. Monitoring Officer or equivalent posts shall be 75:25. Direct appointments made on compassionate Grounds at this level shall be counted in the promotional quota. For promotion upto the level of AMO, an average rating of B+ in the ACRs of the previous five years shall be necessary to promote the employees.
ii) Promotion to the post of Assistant District Coordinating Officer and equivalentposts and above would be by strict selection and merit and would depend on the competence and ability of the officer to inspire confidence in the management, and a sense of dynamism in the department and an average of A grade (very good or above average) in the past 5 years.
c) Any employee taken on deputation or on contract basis or under Apprentices Act will be treated as taken under the posts reserved for direct recruitment.
d) A post is said to be permanently vacant only in cases where the incumbent of the post has :
i) Left service or proceeded on leave preparatory to retirement
ii) been promoted to higher post or grade or;
iii) been reduced to a lower post or grade;
iv) been transferred to another post or grade;
v) been terminated from service or resigned or retired from service;
vi) if a new post is created
e) Promotions will be given on the basis of the ladder or promotions in direct line to suitable employees of MAVIM on the basis of their past confidential record, on merit, seniority-cum-merit and qualifications. Seniority will not be a criteria, when officers with the desired level of experience are considered for merit promotions.
i) For this purpose the confidential reports of every employee shall be written by obtaining a self assessment from him at the time end of each year in the month of April and got completed by reporting and reviewing officers and kept on separate files of each employee. Adverse remarks put in the confidential report should be communicated to the employee in writing immediately, to give scope for improvement.
ii) Direct recruitment can be made either by issuing advertisements or calling candidates suitable for the posts from the Employment Exchange. Candidates who have applied to the Corporation directly can also be called for interview along with other candidates. The employees of MAVIM would also be permitted to apply for these posts if they are found suitable by their qualifications and experience. Promotion to be post of General Manager, and Managers should be confirmed by the Board.
13) Reservation of post of Scheduled Caste / Scheduled Tribe etc.
Reservation of post for Scheduled Caste / Scheduled Tribe / Nomadic Tribe, etc. shall be done as per the directives of the State Government issued from time to time.
If found necessary, the Management may appoint persons or promote employees of MAVIM to a post subject to a specific training for a specific period as will be decided by the Management in each case and such person will be treated as on probation and will draw minimum of the scale of the post for this period and if not found fit after completion of training/probation will not be appointed on permanent basis and those promoted will be reverted to the lower posts. If they are direct recruited, their services will be terminated. Management may employ staff on purely temporary basis either by promotion or direct recruitment in leave vacancies etc. for a period not exceeding 90 days at a stretch, provided no vacancy of less than one month will not be filled in.
15) All promotions to a higher post should be treated as temporary for a period of 6 months and the promotees will draw minimum of the scale of the promoted post. Their cases should be reviewed and they may be treated as permanently promoted to such posts if the post is clearly and permanently vacant and if on review the incumbent promoted is found fit or else the employee should be reverted to the lower post.
16) If any employee refuses to accept the promotion in writing, he should be informed in writing that his next junior will be promoted and he will loose his seniority to him/her, if he/she accepts a subsequent promotion at a later date.
17) Antecedents etc.
Before making appointments of direct recruits, the Management should write to the Police Authorities etc. and ascertain his/her antecedents.
18) Medical Fitness Certificate
i) No person shall be appointed to the service of MAVIM unless he/she has been certified by the Medical Officer nominated by the Corporation to be medically fit to discharge the duties proposed to be assigned to him/her.
ii) Provided such certificate need not be required from persons appointed in casual and temporary vacancies, persons on deputation and persons taken on contract
iii) The certificate referred to above shall be produced by the employee at the time of his/her appointment or within three months from the day of his/her joining the post. The pay of the employees who fail to produce the required medical fitness certificate should be with held after a period of three months till such a certificate is produced.
i) No person shall be appointed in the Corporation unless he has complete4d the age of 18 years
ii) The upper age limits to various posts shall be as indicated in the schedule III attached herewith. The condition of age limit shall not be applicable to those appointed on deputation. Provided the management may relax the condition of age limit in exceptional cases.
iii) The maximum age limit prescribed should be relaxed by five years in favor of S.C./S.T. and other Backward Class Candidate.
20) Qualifications and experience
The qualifications and experience prescribed for various shall be as indicated in the schedule III attached herewith. Provided that the management shall have the right to relax the qualifications so prescribed in exceptional cases.
21) Commencement of Service
The service of an employee shall be deemed to commence from the working day on which the employee reports for duty, provided he/she reports for duty before noon, otherwise his/her services shall commence from the next working day
All employees appointed by promotion shall be on probation for a period of six months, provided that the Management shall have the right to extend the period of probation, for a further period of six months. All employees appointed on direct recruitment shall be on probation for a period of one year. The management shall have the right to extend the period of probation by one year. Provided if any employee is given promotion to a still higher post in leave vacancy due to exigencies of service, the period of her service in a higher post may be taken into account on her reversion to the lower post where she is on probation and confirmed in the lower post on completing service of six months, including service put in a still higher post.
23) Resignation/Discharge during the probation
During the period of probation, directly recruited employee, shall be permitted to resign after giving clear 15 days notice or on payment of salary and other allowances admissible under the rules in lieu of notice period as aforesaid.
24) The management may terminate the service of any direct recruit on probation by
a) Giving him/her notice of clear 15 days
b) On payment of pay and allowances in lieu of notice period
25) Retention of Lien
An employee on probation shall retain during probation his lien. On his confirmed lower post and the period of probation shall be deemed to be continuous service for all purpose.
An employee shall be confirmed in the post he/she has been appointed if the Management is satisfied with his performance during the period of probation.
27) Age of Recruitment
The date of retirement of an employee is the date on which he attains the age of 58 years. On completion of 20 years service with the corporation the employee also has an option to retire.
i) Provided the Management may require an employee who has attained the age of 55 years to retire earlier than the date of his super-annuations by giving three months notice of the intention to retire the employee, if on a review the Management is satisfied, that the efficiency of the employee is likely to be impaired by his
continuance in service further.
ii) Provided further an employee who has attained the age of 55 years may elect to retire by giving 3 months notice of his attention to retire.
iii) The Management shall review the case every year after an employee attains the age of 55 years.
28) Extension of service
No extension of service beyond the age of 58 years shall ordinarily be granted. However, exception may be made for good and sufficient reasons by approval of the Board in case of officers from the rank of Dy. Manager and above and with the approval of the Managing Director up to the rank of Dy. Manager.
Provided no extension shall be granted beyond the age of 60 years and the extension shall be restricted to a period of one year at a time.
i) An employee other than ;employee on probation may be allowed to resign from the services of MAVIM by giving one month clear notice in writing conveying his intention to resign to the Management. The period of notice shall be exclusive of any leave to the credit of the employee.
ii) In case the employee fails to give notice as aforesaid, he/she shall pay to the MAVIM a sum equivalent to his basic pay for the period of notice failing short or one month’s basic pay in lieu of notice.
iii) The Management shall have the right to waive the period of notice in part or in full and relieve the employee before the expiry of or without notice period.
Provided further that the Management shall have the discretion to refuse acceptance of resignation of any employee for valid and sufficient reasons which shall be recorded in writing.
Provided further that the Management shall also have the discretion to refuse to accept the resignation of employees under suspension or against whom departmental enquiry is in progress.
30) Termination of service by notice
Not withstanding anything contained in any of the rules the Management may terminate the services of any employees at any time by giving him notice of 30 days in writing or one month’s emoluments in lieu thereof if the Management in its considered opinion is satisfied that it is expedient to terminate the services of such an employee on account of :
i) Non availability of the service arising out of prolonged or regular absence without permission of the Management or any other reason
ii) Loss of confidence in the employee
iii) Possible threat to the security and the interest of the Corporation
iv) Or for any other reason with the discretion of the Management
PAY AND ALLOWANCES
31) Pay and Allowance
The employee shall draw the basic pay of the post to which he/she is appointed according to the scale of the post as shown in schedule 1 to these rules.
He/She will also draw other allowances such as D.A., H.R.A. and C.L.A. etc. as emoluments along with the salary per month as per rates given in the schedules as will be introduced from time to time. Provided the Management shall have the right to modify the scales of pay and allowance whenever deemed fit.
The management may also recruit employees on temporary posts for carrying out the work of the corporation.
Fixation of Pay on Promotions –
The basic pay of an employee on promotion shall be fixed as under :
i) If his/her present basic pay is less than the minimum f the scale of the promoted post, he /she will get minimum pay on the promo9ted post
ii) If his/her present pay is above the stage of the minimum pay of the promoted post, his/her pay should be fixed by :
Adding one increment in the present pay of the present post and then by giving next stage of the promoted stage.
32) Charge allowance for holding additional charge
I) An employee may be required to hold additional charge of equivalent post of a higher post in addition to his/her own duties. The employee holding such additional charge for a period of not less than 15 days shall be entitled to a charge allowance equivalent to 10% of his/her basic pay for holding charge of equivalent post and 10% of the presumptive pay of a higher post if a charge of higher post is held but additional pay/special pay shall be paid subject to limit up to Rs.500/- per month.
II) No additional pay/special pay admissible to the employee drawing salary in the revised pay scale of Rs.5,900/- or more than minimum pay scale.
III) Additional pay/special pay is not considered for the calculation of dearness allowance/house rent allowance and compensatory local allowance.
33) Advance Payment of Salary
I) An employee may be paid leave salary advance equal to basic pay only if he proceeds on leave for a period of one month or more; and the same may be recovered in full against full months salary next payable.
II) If the 1st or subsequent working day happen to be holidays, the salary of all employees may be disbursed on the last working day and if last working days also happen to be holidays the salary may be disbursed on the immediately proceeding working day of the previous month.
The increments shall be released on due dates as a matter of course unless it is specifically withheld by the Management.
35) Advance Increment
The Management may at its own discretion sanction advance increments to any employee in the timescale prescribed for his/her position. The date of payment of such advance increment shall not affect the date when the nominal increments become due and payable to the employee.
36) Dearness Allowance
The employee shall be paid D.A. on the basis salary as prescribed by the management from time to time.
37) House Rent Allowance
The H.R.A. will be paid on the scales as approved by the management from time to time.
38) Medical Allowance
The Medical Allowance should be paid to the following categories of employees of MAVIM at the rates prescribed by the management from time to time without production of bills:
i) Confirmed employees of MAVIM
ii) Employees on contract basis where specific mention is made regarding granting of medical allowance in the terms and conditions and appointment letter.
iii) Deputationists who have opted for the rules and regulations of MAVIM or else as per terms of deputation.
Medical expenses of Rs.500/0 may be paid to the female employees during maternity leave and male employee for first two deliveries provided he/she is in the service of MAVIM for 2 years.
39) Washing Allowances
Washing Allowance shall be paid to the peons and drivers who have been provided with Uniforms at the rates specified by the management from time to time.
40) Overtime Allowance
Drivers, peons and cleaners will be paid overtime allowance for hours of work in excess during any week. The calculation of overtime on Sundays and holidays shall exclude period of half hour for lunch break, if duty is performed from morning beyond lunch hours.
The payment of overtime will be as per the rates prescribed by the management from time to time.