Staff Service Rules
Staff Service Rules
Staff Service Rules
(ii) They shall came into force with effect from the 9th August, 1978.
(iii) They shall apply to all employees of the Corporation including those on contract or
on deputation in respect of all matters not regulated by the contract or by the terms of the
deputation as the case may be.
2. Definitions:
(d) "Corporation" means the Delhi State Industrial Development Corporation Limited
incorporated under the Companies Act, 1956 (No. I of 1956).
(h) "'Employee" means a person who in the whole time regular service of the
Corporation, but does not include a person employed by the Corporation on daily wage,
ad-hoc and consolidated pay including persons employed under Apprenticeship Training
Scheme, and subsidized Scheme.
(i) "Pay" has the same meaning as in Rule 9(21)(a) of the Fundamental Rules of the
Central Government as amended from time to time.
(j) Wage" has the same meaning as defined in the Industrial Dispute Act and means all
remuneration capable of being referred in terms of money, which should be payable to an
employee -in respect of his employment or of work done in such employment but does
not include: -
(i) Any bonus, which does not form part of the remuneration payable under the terms of
employment.
(ii) The value of any housing accommodation, supply of light, water, medical attendance
or other amenity or service excluded by general or special order of the Management.
(iii) Any contribution paid by the Corporation to the Provident Fund of the Employees
and the interest thereon.
(v) Any sum paid to an employee to defray special expenses entailed on him by the nature
of his employment such as over time allowance, reimbursement of medical expenses, etc.
(i) The wife or husband as the case may be of employee whether residing with the
employee or not but does not include a wife or husband, as the case may be, as separated
from the employee by a decree or order of a competent court.
(ii) Son or daughter, mother or father, or sister of the employee wholly dependent on him,
but does not include a child (including a step child) who is no longer in any way
dependent on the employee or of whose custody the employee has been deprived by or
under any law.
(iii) "Confirmation: An employee sh3ll be confirmed in the post he has bee'\ appointed if
the Management is satisfied with his performance during the period of probation.
(iv) "Temporary Employee" is an employee who has not completed 3 years continuous
service in the corporation.
(v) "Employee on contract" or "On foreign service" means an employee who has been
engaged on contract by the corporation for a limited or fixed period or an employee
deputed by some other organisation for training or service of the Corporation and who is
likely to be reverted to that organisation.
(vi) Apprentice shall not be treated as employee of the Corporation and any allowance or
stipend during the period of training shall be governed by the provisions of Apprentice
Act.
(vii) Employees working in operational side of Mines, Quarries & Emporium etc. of the
Corporation shall be governed by the provisions of respective Acts viz. Mines Safety Act
& Shops & Establishments Act.
4. Classification of Posts:
All posts in the Corporation shall be classified as under or as may be prescribed by the
Government of India from time to time: -
(i) Group' A' posts carrying a pay or a scale of pay with a maximum of not less than Rs.
1300/-
(ii) Group 'B' posts carrying a pay or a scale of pay with a maximum of not less than Rs.
960/- but less than Rs. 1300/.
(iii) Group 'C' posts carrying pay or a scale of pay with a maximum of not less than Rs.
350/- but less than Rs. 960/-
(iv) Group 'D' posts carrying a pay or a scale of pay the maximum of which is less than
Rs. 350/-
(i) At commencement a copy of these Rules shall be pasted on the Notice Board.
(ii) These Rules may be amended from time to time, as may be considered necessary by
the Corporation. All amendments or modifications made in these Rules shall be notified
from time to time and pasted on the Notice Board.
6. Interpretation of Staff Rules:
If any doubts arise relating to the correct interpretation of these Rules, the decision of
the Board of Directors thereon shall be final and binding.
7. Saving:
(i) Nothing contained in these Rules shall operate in derogation of any law applicable or
to the prejudice of any right of employees under an agreement, settlement or award for
the time being in force or written contract of service.
(ii) Matters not specifically covered in these Service Rules shall be governed by the
provisions of the corresponding Rules and Regulations applicable to Central Government
employees.
8. Nature of appointment:
The Management shall have the power to appoint employees in the following vacancies:-
(a) Permanent
(b) Temporary
(c) Casual
(d) Apprentice
9. Strength of Staff:
(i) The Board of Directors or the authority, which is delegated, the powers shall, from
time to time, determine the strength of the staff, both permanent and temporary, under the
various categories required for carrying out the functions of the Corporation.
Provided that the Chairman shall have full powers to create (a) Posts on permanent basis
carrying 11 time scale of pay maximum of which shall not exceed Rs, 1600/- and (b)
posts in the interest of the Corporation for a period not ordinarily exceeding six months
carrying a scale of pay the maximum of which shall not exceed Rs. 2250/-
(ii) The Managing Director shall have full powers to create (a) Posts on permanent' basis
carrying a scale of pay maximum of which shall not exceed Rs. 1200/- and (b) posts in
the interest of the Corporation for a period not ordinarily exceeding six months carrying a
scale of pay maximum of which shall not exceed Rs. 1600/-
(i) Appointments to posts in Group' A' (other than that of Managing Director) Group 'B'
Group 'C' and Group 'D' shall be made by the Managing Director subject to the
provisions of sub-rule (ii) of Rule 9. Appointments to Posts in Group' A' (other than that
of Managing Director) shall be made by the Chairman, subject to the Provisions of sub-
rule (i) of the Rule 9.
(ii) The Management may appoint committees to function as Staff, Selection
Committee /Departmental Promotion Committee for appointment/promotion to various
categories of posts for drawing up a panel of names for the posts concerned for the
consideration of the appointing authority.
(c) Training:
The employee may be required to undergo training for such period or periods as may be
considered necessary by the Management from time to time. Management may require an
employee to sign the service bona on such terms and conditions as may be deemed
necessary in the event an employee is sent on training for a period exceeding sixty days.
(ii) The Application may be accompanied by a postal order of the value as may be
prescribed by the Appointing Authority from time to time.
(iii) All applications received on or before the prescribed or extended date, if any, and
accompanied by postal orders will be entered serially in register to be maintained by the
Establishment Division for each category of posts for which recruitment is to be made.
The applications shall be entered in the chronological order of receipt.
(iv) On receipt of postal orders lists shall be drawn by the Establishment Division
showing numbers and date, value of postal orders with names of candidates and passed
on to Finance Division.
(v) The screening of all the applications and of the candidates sponsored by Employment
Exchange will first be done by the Establishment Division. Thereafter under orders of
the Managing Director or the Chairman as the case may be, letters for Interviews/tests,
should be issued by the Establishment Division under certificate of posting/registered
cover.
The selection will be made by the Selection Committee as provided in the instructions in
the matter of recruitment for different categories of posts.
(vi) The Selection Committee will prepare a panel of names of candidates in order of
merit, names of candidates of equal merit being arranged according to the Seniority. in
age. The number of candidates in the panel should be equal to the number of existing
vacancies and those anticipated during the next six months plus fifty percent thereof.
Such a panel will remain operative for a period of one year.
(vii) The candidates who are considered fit for inclusion in "Merit" list may be arranged
in the order of interest merits. In preparation of panel, the Selection Committee shall
pay due attention to the Circulars/Orders/instructions issued by the Delhi
Administration/Central Government from time to time in the matter of safeguarding
adequate representation of members of scheduled castes/tribes.
(viii) Merit and the required experience will be the primary consideration governing
recruitment. Written and/or typing test may be held for the candidates called for
interview, if and, when necessary.
13. Annual confidential Reports in respect of the employees of the Corporation will be
prepared in such forms as may be prescribed for each category. The Confidential Reports
will be filled up in line with the Financial Year i.e. from 1st April to 31st March. Given in
the table is the list of Reporting Officers, Reviewing Officers and Competent Authorities
in relation to each category/grade of posts.
TABLE
LIST OF REPORTING OFFICERS, REVIEWING OFFICERS AND
COMPETENT AUTHORITIES IN RELATIONS TO EACH CATEGORY/GRADE
OF POSTS
NOTE: In the case of employees/officers, who are not appointed in the time-scales of
pay, their fixed salary shall be reckoned for the purpose of the limits specified in column
(1) of the above table.
14. The increment shall be granted from first of month in which it accrues.
15. Probation:
Every employee shall, on appointment to any post (whether on promotion or otherwise),
be on probation in that post for a period as specified in the recruitment instructions
commencing from the date of appointment; provided that such period may be further
extended for a period of six months at a time.
16. (1) Every person appointed for the first time to any post in the Corporation shall
before joining duty in that post be required to furnish a medical certificate of fit ness in
the form prescribed in Annexure-II. His or her appointment shall be subject to his or her
having been found fit in the medical examination. The certificate shall be obtained from
MBBS Doctor or as may be prescribed by the corporation from time to time.
(i) Provided that no such certificate need be furnished where the person to appointed is
one who has retired from Government Service on any ground) other than medical
grounds, or who has already been medically examined and t found fit by a competent
medical authority referred to in this sub-rule in connection with any previous
employment in the Central Government or & State Government or an institution and a
period of not more than three month has not lapsed after such retirement or after leaving
such previous employment on any ground other than medical ground.
(2) The fee, if any J for such medical certificate shall be paid by the employee concerned.
18. Transfers:
All employees shall be liable to be transferred at the discretion of the Management of the
Corporation from one job to another subject to his suitability. All employees shall be
liable to be transferred to any place in India or abroad.
19. Change of Address:
Every employee must notify to the Corporation his residential address on joining the
Corporation's Service and must also notify immediately of any change of his residential
address.
(a) The Service Record in respect of each employee shall be maintained on the same lines
as maintained in Central Govt. Offices.
(b) Every event in an Employee's Official career shall be entered into the Service Record.
Each entry shall be attested by an officer of the Corporation duly authorised in this
behalf; any erasures, or over-writings shall invariably be signed by the attesting officer.
(a) All employees shall be at work at the time fixed and notified by the Corporation.
(b) Attendance shall be marked daily according to the method prescribed by the
Corporation from time to time for each Section or Branch or Division.
(c ) Employees who are required to sign the attendance register will mark the time (hour
and minute) of arrival and leaving duty under the relevant date column the attendance
register.
(d) An employee shall not absent himself/herself from duty without the prior permission
of the authority competent to sanction the leave nor shall he/she absent himself/herself
from duty in case of sickness or disability without a report duly supported by a Medical
certificate issued by a Registered Medical Practitioner provided that in case of temporary
in-disposition (i.e. up to three days) the production of Medical Certificate may not be
insisted upon.
(i) It shall be a condition of employment that employees shall comply with all
instructions/orders issued by the Corporation relating to the identity cards required in
connection with their employment in the corporation, which may be either with or
without any photograph.
An employee seeking employment elsewhere shall forward his application through the
Corporation. The Corporation reserves the right 'to withhold any such application without
assigning any reason in which event, however, the employee concerned will be free to
resign from service in accordance with the terms of his employment. The employee will
be duly informed as to whether his application has been forwarded or with-hold.
25. Resignation:
(i) No employee other than the Managing Director or a person on deputation from the
Central Government or any State Government or an Institution shall leave or discontinue
his service in the Corporation except after giving one month's notice in writing of his
intention to do so to the appointing authority in case of temporary employees and 3
months in case of permanent quasi permanent employees.
Provided that the Managing Director/Chairman may, for reasons to be recorded .in
writing, waive, either wholly or in part the requirement as to payment of such Terminal
compensation.
(i) Notwithstanding anything contained in any of the rules of these regulation~, the
Management may terminate the services of any employee other than the Managing
Director at any time by giving him notice in writing for a period not less than that
prescribet4 in Rule 25, if the Management in its considered opinion is satisfied that it is
expedient to terminated the service of such employee on account of :
i. Non availability of the service arising out of prolonged or irregular absence without
permission of the Management or any other reasons.
(ii) The Corporation may at any time and without assigning any reasons, terminate the
services of any employee who has not completed his probation.
(iii) The power to terminate the service shall be exercised by the Appointing Authority as
defined in Rule 10 (i).
27. Reversion:
NOTE: An employee who has been temporarily promoted to officiate Of with a fixed
tenure in a temporary tenure vacancy shall not be deemed to be on trial and shall be liable
to reversion at any time by the competent authority.
(a) An employee shall be considered for promotion in the higher grade in with the
provisions of recruitment rules and depending on availability in higher post in the line of
promotion.
(b) Standard for promotion laid down for each category o(post will be adhered to by D. P.
Committee (where prescribed standards are considered too rigorous to meet practical
requirements, these may be revised by Board of Directors.)
(c) Pay on promotion will be fixed in accordance with the principles laid down in the
fundamental rules.
.
(d) Whenever any case for promotion is considered, a Departmental Promotion
Committee will be constituted under the orders of the Managing Director/Chairman,
which will recommend suitable names to the appointing authority.
(e) Panels prepared by Departmental promotion committee shall remain in the custody of
General Manager incharge of Personnel Division, who shall submit the name to the
Managing Director, for his formal approval, and promotions shall be made as per these
panels. The panels shall remain in force for a period of one year. The appointing authority
may ignore any name for promotion for adequate' reasons to be recorded in writing.
(i) Every employee shall retire on attaining the age of 58 years. The Board of Directors
will at its discretion grant extension in suitable cases in the exigencies of Corporation's
work, provided that no extension shall be granted beyond the age of sixty years.
By and large the Corporation has adopted the various scales of pay as applicable in the
Central Government. The scales of pay presently applicable for various categories of
posts in the Corporation under non-technical and technical order are given in Annexure-
B.
31. Dearness, house rent, Compensatory, Increment, C.P.F. and other allowances:
(i) Unless otherwise stipulated in the term" and conditions of employment, every
employee shall be entitled to such allowances and at such rates as are approved by the
Board of Directors accordance with the guidelines of the J.P.E. from time to time. The
present rate of H. R.A. admissible to the employees of the Corporation is 30% subject to
production of receipt for employees in receipt of pay in excess of Rs. 750/- P.M.
(ii) Dearness allowance will be the same as admissible to employees of the corresponding
category in the Central Government.
.
(iii) Contributory provident fund: Every employee of the Corporation shall become a
member of the Corporation, C.P.F. from the date on which he became so eligible under
the provisions of the Contributory Provident Fund Rules.
All the employees shall be entitled to Rs. 200/- per quarter on account of medical
facilities. The grant of Medical facilities may be reviewed by the Board from time to
time.
The Corporation may grant overtime allowance to its employees belonging to Group 'C
or Group 'D.' who are required to work on Sundays or Holidays or to put in extra hours of
work on week days .in connection with the Corporation's work at the rates applicable to
Central Govt. employees from time to time.
Provided that no overtime allowance shall be payable to any such employee without the
approval of the Managing Director/Chairman.
Leave travel concession during Earned and Casual leave shall be allowed to employees of
the Corporation on the same basis as prescribed by the Government of India from time to
time.
(i) Tours: Any employee shall be liable to be sent on tour under the orders of
Management anywhere within or outside the country. No employee shall proceed on
tours with. out approval of competent authority.
(iii) Mode of Travel: Such reimbursement of the travelling expenses shall be claimed by
the employee of different categories as per the schedule given below :-
Grade Basic Salary Mode of Travel
II. Under special circumstance, the Management may permit any employee to travel by
higher class than the one to which he is entitled.
(iv) Shortest/Longest Route: The employee shall make application in the prescribed
form for conducting the tours and obtain the approval of the Management before
proceeding on tour. The tour programme shall indicate the destination, the dates on which
the tours are intended to be conducted and the routes in which the tours shall be
conducted. Save exceptional- circumstances, the employee shall adhere to the tour
programme sanctioned by the management.
(v) Rules of Daily allowance (within India): (a) The employee shall be entitled to daily
allowance while on tour as per the schedule given below for their total absence from HQ.
For the purpose of this rule all the state and Union Territories capitals, Divisional Head
Quarters of Maharashtra and other State and Steel cities of Durgapur, Tatanagar,
Rourkela, Bhilai, Burnapur, Bokaro, Bhadravati will be treated as 'A' Class cities and
other places will be deemed to be 'B' Class cities:
SCHEDULE
Basic Salary Amount of Daily Allowance
(b) The daily allowance shall be computed on the total period of absence from the Head
Quarters on 24 hour basis or part thereof provided that for absence of less than 12 hours
but more than six hours the daily allowance admissible sl1all be half of the applicable
rate.
(c) For the purpose of computation of daily allowance, the duration of the tour shall be
deemed to have commenced from the date and time of departure of mode of travel till the
date and time of the arrival of the mode of the travel to the Headquarters.
The actual conveyance charges incurred by any employee during the period of tour and
also from residence or office to the starting place of any mode of travel shall be
reimbursed to the employees as under:-
Employees of "A & B" Grades Actual fare by public bus or 25 paise per K.
M. for journey by Motor Cycle/Scootor, or
60 paisa per K. M. for journey by full
taxi/own car.
Employees of "C & 0" Grades Actual fare by public bus, or 25 paise per K.
M. for journey by Motor Cycle/Scooter.
They will not be eligible for travel by full
taxi/own car.
.
(vii) Advance of T.A.
(a) The employees proceeding on tour with proper sanction of the Management shall be
entitled to claim advance against probable expenses to be incurred during the tour.
(b) The employees shall render account for advances so taken within 15 days from the
date of return from tour and he shall refund the balance amount, if any, In case the
employee who has taken the said advance fails to render the account within the stipulated
period he shall be liable to disciplinary action, as may be decided by the Management;
(viii) Rates of daily allowance on foreign tours:
All traveling allowance claims shall be submitted through the General Manager
concerned who should scrutinize the claim and the reasonableness of the expenses and
should forward the claim for check and payment by the Finance Division.
The Management may relax the provisions of these rules in individual cases
All matters, for which specific provision has not been made in these rules shall, a as
possible and to such extent as may be considered appropriate by the Corporation be
regulated in the same manner as in the case of Central Government servants.
38. Leave:
(a) Leave in case of employees on deputation: Employees on deputation from the Central
Government or a State Government or any Institution shall continue to be entitled to
leave, other then casual leave, under the rules which they would be subject to in their
parent department. An employee on deputation to the Central Govt. or a State Govt. or an
Institution shall be governed by the Rules and Regulations of the Corporation regarding
leave other than casual leave.
(b) Every employee shall be governed in the matter of leave by the provisions contained
in Government of India, Central Civil Services (Leave) Rules, 1972 as amended from
time to time.
(c) Leave cannot be claimed as a matter of right by any employee. When the exigencies
of work so require, the sanctioning authority has the discretion to refuse revoke, leave of
any description. Any employee already on leave may be re by that authority. if it is in the
interest of the work of the Corporation. An employee who is permitted to leave station
during leave by the sanctioning. Authority shall before proceeding on leave intimate his
postal address while on leave and shall inform the said authority of any subsequent
change in address during the period of leave. The following kinds of leave will be
admissible to the employees in the Corporation: -
(i) Earned leave to be calculated at 1/11 of the duty period in accordance with rules
obtainable in Government of India. Earned leave can be accumulated upto \ 80 days at
any point of time.
(ii) 12 days casual leave in a year on full pay shall be admissible during a calendar year
subject to the restriction that not more than 8 days leave shall be allowed at one time.
Casual leave may be granted in conjunction with Sundays or Holidays but cannot be
sanctioned in conjunction with any other kind of leave.
(iii) Study Leave: Study leave may be granted to an employee, subject to the exigencies
of work of the Corporation, to enable him undergo a special course of study consisting of
higher studies or specialised training in a professional or technical subject having direct
and close connection with his sphere of duty.
(i) Study leave out of India shall not be granted for the prosecution of studies for which
adequate facilities exist in India.
(ii) Study leave shall not ordinarily be granted to an employee who has not completed
five years service under the Corporation or who is to retire with in three years of the date
on which he is expected to return to duty after expiry of the study leave.
(iii) Study leave sha1l not be granted to an employee with such frequency as to make him
loose contact with his regular work.
(iv) The maximum amount of study leave which may be granted to an employee sha1l not
ordinarily exceed twelve months at anyone time or two years in the whole period of
service.
(v) Study leave may be combined with other kinds of leave but in no case the grant of
such leave in combination with leave other than extraordinary leave sha1l involve total
absence of more than twenty eight months from the regular duties of the employees.
(vi) An employee who is granted study leave sha1l be required to execute a bond
prescribed in Annexure-Ill before the leave commences.
(vii) If any employee resigns or retires from service without returning to duty after a
period of study leave or within a period of three years after return to duty, he shall be
required to refund double the amount of leave salary and any other expenses incurred on
his account by the Corporation together with interest there on during each leave. Provided
that the Corporation may relax this provision where an employee on return to duty from'
study leave is forced to retire on medical grounds.
(viii) During study leave an employee shall draw leave salary equal to half average pay.
(ix) Study leave shall count as duty for promotion, increment and seniority but not for the
purpose of computing any other leave.
(x) Study leave shall be treated as leave on half average pay and shall not be taken into
account in reckoning the aggregate amount of leave on half average pay taken by the
employee towards the maximum period admissible.
(e) Maternity Leave: A female employee shall be eligible for the grant of maternity, leave
on full pay for a period which may extend upto the end of three months from the date of
its commencement or to the end of six weeks from the date of confinement whichever is
earlier.
1. Managing Director All kinds of leave to Group' A' & 'B' officers and
study leave in respect of all categories.
2. General Manager All kinds of leave other than study leave to Group 'c'
& '0' employees under their respective charges,
provided the period of leave does not exceed 30 days
and no substi is required.
3. General Manager All kinds of leave other than study leave to all Group
'C & (Personnel) 'D' employees in cases where the
period of leave exceed 30 days.
4. Divisional Managers Casual leave to employees of Groups 'c' and 'D' working
in the divisions.
Note :- Record of casual leave will be maintained in the respective Divisions. All
applications for the grant of earned leave will be passed on to the Estt / Personnel
Division along with the recommendation of the General Manager.
All employees of the Corporation will be governed by the 'Rules of Group Gratuity-
Cum-life Assurance Scheme as at Annexure-IV.
41. Seniority
The seniority of the employees of this Corporation will be determined in accordance with
the general principles for determination of Seniority in Central Services, as given in
Annexure-V.
42. Delhi State Industrial Development Corporation Limited Employees Provided
Fund Trust Regulations:
The Employees Provident Fund Trust shall be regulated in accordance with the
regulations governing the Fund as at Annexure-VI.
A. General Conduct:
(i) An employee shall, at all times discharge his duties with absolute integrity and
devotion. He shall safe-guard and promote at all time the interest of the Corporation. He
shall be courteous in his behavior and polite in his dealings.
(ii) An employee shall undertake and perform all the duties in such manner, capacity and
place as may be directed by the Management from time to time.
(iii) An employee shall conform and abide by the rules and shall comply with and obey
all orders and directives liven to him from time to time in furtherance of the interest of
the Corporation by any person or persons under whose jurisdiction, superintendence or
control he is placed.
(iv) An employee shall always remain loyal to the Corporation and shall make
conscientious efforts to preserve and maintain the prestige of the Corporation.
(i) An employee shall preserve, maintain and promote the prestige of the Corporation and
try his best for the fulfillment of the objectives of the Corporation.
(ii) An employee shall maintain complete secrecy of all information about the
Corporation obtained by him during the course of discharge of his duties. He shall not
communicate directly or indirectly or disclose or transfer any paper or documents of the
Corporation to any employee of the Corporation or to any person outside to the
Corporation or unless so authorised by the Management.
C Punctuality in attendance:
(j) An emp10yee shal1 be punctual and regular in attendance except in case of unforeseen
circumstances.
(ii) An emp10yee habitually attending office late, 'shall be subject to such penalty as may
be prescribed under the rules framed in this behalf.
D. Absence from Head Quarters: No. employee shall remain absent from duty or leave
his Headquarters without prior permission of the Management, except under unforeseen
circumstances. Where an emp10yee is unable to obtain permission from the Management
for remaining absent from duties or leave Head Quarters, he shall seek post facto
permission of the Management within 72 hours of his so doing.
F. Behaviour: An employee shall always maintain cordial relations with each other and
shall strive to maintain decency, decorum and dignity of the Corporation.
(i) No employee shall utilise any publicity or communication media for disseminating
any information or expressing any opinion, which are likely to adversely affect the image
or prestige of the Corporation or its Management or its employees.
(ii) No emp10yee shall express or make any statement or do any act, which will reflect
adversely on the relationship between the Government and the Corporation.
(iii) No employee shall, except with the prior permission of the Management own wholly
or in part or conduct or participate in editing or managing any newspaper or other
periodical publications.
K. Restriction on other employment etc.: No employee shall, except with the permission
of the Management, engage directly or indirectly in any trade, vocation, profession,
business or undertake any employment gainful or otherwise.
M. Acceptance of gifts etc.: No employee except with the sanction of the Management.
solicit or accept or permit members of his family to accept any presents either in cash or
in kind, from any person, firms, body corporate or organisations connected with the
Corporation.
Family for the purpose of this rule shall include self, wife or husband, minor sons and
daughters, dependent sons and daughters, dependent parents and dependent brothers. and
sisters.
(i) No employee shall borrow money except from recognized financial institutions, in any
case, the employee shall refrain from borrowing money from any person directly or
indirectly associated with the Corporation.
(ii) No employee shall indulge in speculation on the stock exchange provided nothing in
rule shall prohibit an employee from making a bonafide investment from his own funds
in recognized securities and shares.
O. Indebtedness:
(i) An employee shall always avoid falling in debts and shall conduct his financial affairs
so as to ensure solvency at all times.
(ii) An employee failing to keep himself solvent as provided above shall render himself
liable for suitable disciplinary action as may be decided by the Management.
(i) No employee, except with the knowledge of the Management, shall acquire or dispose
of any-immovable property by way of lease, mortgage, sale, gift or other- wise either in
his own name or in the name of any member of his family.
(ii) Every employee shall on his first appointment and thereafter at the interval of every
12 months or at any such time the Management may deem fit shall submit the returns in
the prescribed form indicating all immovable property acquired or inherited in his own
name or in the name of any member of his family and also submit particulars as
prescribed if any movable property purchased by him during the period exceeding Rs.
3000/- in value.
Q. Bigamous Marriages: No employee shall marry for the second time except after
obtaining divorce from the spouse or on death of the spouse.
(i) An employee shall observe rules and regulations prescribed by the Government in
regards to consumption of intoxicating drinks.
(ii) An employee shall ensure that consumption of alcoholic drink the discharge of his
official duties at any time.
(iii) No employee shall consume alcoholic drinks during office hours and shall not be
found in the office premises under the influence of alcoholic drinks.
(vi) No employee shall be found under the influence of liquor in any place.
44. Misconduct:
(i) Wilful insubordination or disobedience, whether 01' not in combination with or any
lawful and reasonable order of his superiors.
(ii) Wilful slowing down in performance of work, whether or others, even arising out of
malingering.
(iv) Theft, fraud or dishonesty in connection with the business or property entrusted with
the Corporation or the property belonging to any other employees within the premises of
the Corporation.
(v) Taking or giving bribes in cash or in kind.
(ix) Habitual absence without leave or absence without proper authorization for more
than 10 days.
(x) Holding meeting inside the premises without permission of the Management.
(xi) Wilful act or commission on the part of an employee which is derogatory to the
image of the Corporation or its Management.
(xiv) Riotous or disorderly behaviour inside or outside the premises of the Corporation,
or commissioning of any act subversive or discipline or good behaviour.
(xv) Breach of any rule or proviso of these regulations or any other rules as may be
prescribed from time to time.
(xvi) Striking work or inciting others to strike work in contravention of any law.
(xvii) Distribution or exhibition of any handbills, pamphlets or posters in and outside the
premises without the sanction of the Management.
45. Penalties:
(i) Anyone or more of the following penalties may be imposed by the Management on
any employee of the Corporation for any of the misconduct (mentioned under rule 44 of
the service regulations and subject to such conditions).
(a) Censure
(c) Fine as may be permissible under existing law, which may be in, force from time
to time or loss of pay and allowance for period of suspension.
(d) Reduction to a lower post or grade.
(f) Dismissal.
(ii) No employee shall be imposed with any punishment mentioned above by any
authority subordinate to authority competent to make appointment to the post or such
other authority to whom necessary powers are delegated by the Management.
1. The Management may censure, fine or stop the increment without future effect for any
of the following acts of misconduct alleged to have been committed by the employee:-
(v) Wilful act or omission on the part of any employee, which is derogatory to the
image of Corporation or its Management, or its employees.
Provided further that the Management shall not impose fine on any employee belonging
to the rank of officers.
2. The management shall not impose on any employee any penalty other than mentioned
in the aforesaid clause for any of the act or acts or omissions constituting in misconduct
as provided under clause 44 without communication to the employee the charge or
charges in writing and without giving him a reasonable opportunity for defending himself
against such charge or charges and/or to show cause against the action proposed to be
taken against him.
3. For this purpose; the Management may themselves enquire into the charges, reported
against the employee or if it considers necessary may appoint an enquiry committee or
enquiry officer for the purpose.
Provided that the Management shall not be required to follow the procedure mentioned in
the aforesaid clause for taking suitable disciplinary action against any employee, who has
been convicted in any court of law for any criminal offence involving moral turpitude.
Provided further that the Management, if satisfied for reasons to be recorded in writing
that it is not reasonably practicable to follow the procedure under this regulation, it may
consider the circumstances of the case and the charges reported against the, employee and
take such disciplinary action as it deems fit.
4. The Management may prescribe separate rules for the purpose of ensuring speedy and
fair conduct of disposal of appeals if any received from any employee against the orders
of the Management based on the enquiry.
5. As far as possible the disciplinary enquiry should be completed within six months. Any
further extension in the holding of the enquiry will require the approval of the Chairman
after recording the reasons thereof in writing.
47. Suspension:
A. The Management may place any employee under suspension pending disciplinary
proceedings against him, provided the Management is satisfied the co\ltinuance of any
employee on duty shall:
ii. If criminal proceedings are pending against an employee in the court of law or
are under investigation.
(i) The order of suspension shall be communicated to an employee in writing and shall be
followed as soon as possible by a charge sheet against the employee unless the services of
such employee are terminated under rule 26.
(ii) The Management may direct any employee under suspension while issuing the order
of suspension that he shall not leave the Head quarters without express permission of
Management during the period of suspension.
A subsistence allowance at an amount equal to the leave salary and Dearness Allowance,
which the employee would have drawn if he had been on leave on half pay.
Provided that where the period of suspension exceeds 12 months, the Management shall
be competent to vary the amount, of subsistence allowance for any period subsequent to
the period of the first 12 months as follows :-
iii) No payment under sub-rule (i) above shall be made unless the employee
furnishes a certificate every month to the effect that he has not accepted any-
private employment or has engaged himself in trade or business during the
period in question.
50. Reinstatement:
When an employee placed under suspension is reinstated, the period of his suspension
will be regulated as under:
On being fully exonerated of the charge reported against him, the period of suspension
suffered by him will be treated as period on duty and he will be entitled for the full pay
and allowance admissible to him for such period after reducing subsistance allowance
already drawn by him.
In other cases, such portions of his pay and allowance for the period of suspension as
may be decided by the Management.
51. Appeals:
(i) Every employee shall be entitled to prefer an appeal hereinafter provided against the
order passed by an authority imposing on him any of the penalties specified in Rule 45.
Provided that a probationer shall have no fight of appeal against the orders of his
discharge.
(ii) In the case of an appeal against an order imposing any penalty specified in rule 45.
the appellate authority, shall consider:
a)whether facts on which the order was based have been established;
b)whether facts established afford sufficient ground for taking action; and
c)whether the penalty is excessive or inadequate, and after such consideration shall
pass such order as it thinks proper.
(iii) An authority against whose order an appeal is preferred under these rules, shall
give effect to any order made by the appellate authority.
(v) Every appeal referred under these rules shall contain, all material statements and
arguments relied by the appellant, shall contain no disrespectful or improper language
and shall be complete in itself. A copy of every such appeal shall be submitted to the
authority against whose orders the appeal is preferred.
(vi) An appeal not preferred within three months after the date on which the appellant
was informed of the order appealed against and no reasonable cause is shown for the
delay shall not be entertained: Provided the Management may waive this condition in
deserving cases.
(vii) Employees can make a personal representation to the Chairman, Board of Directors
through the proper channel.
52. Liveries:
The scale of uniforms to be supplied to certain employees of the Corporation shall be as
in the Table below:
TABLE SHOWING THE SCALE OF UNIFORMS TO BE SUPPLIED TO
CERTAIN EMPLOYEES
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 port as aforesaid and of other duties pertaining there to which may be
required of him/her and to indemnify the Corporation against loss from or by reason of
the acts or defaults of the employee and of all and, every person aforesaid.
NOW THE CONDITION OF THE ABOVE WRITTEN BOND IS
Such that 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 money 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 reason, 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 within twenty
four hours after the amount of such loss and/or defalation shall have been demanded from
the employee by the General Manager & Secretary of Corporation or any other officer
duly/authorized in this behalf by the Corporation, such demand to be in writing and left at
the office or last known place of residence of the employee and shall also at all times
indemnify and save and keep harmless the Corporation from all and every loss, injury,
damage, actions, suits, proceeding costs, charges or expenses which have been Of, shall
or may at any time or times hereafter during the service or employment of the employee
in such post as aforesaid be sustained, incurred, brought, sued or commenced or paid by
the Corporation by reason of any act embezzlement, defalcation, mismanagement,
neglect, failure, misconduct, default, disobedience; omission or insolvency of the
employee or of any person or persons acting under him/her or for whom he/she may be
responsible then the above written bond shall be 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 that the said sum of Rs.......
(Rupees ..............) after delivery and deposit thereof as aforesaid shall be and remain with
the Corporation for the time being, as such security, as aforesaid with full power .I to the
General Manager & 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
the indemnity 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 month
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 said service, or ceasing to bold any post for which the security was required.
PROVIDEDALWAYS 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 hi5/her heirs, executors, administrators or
legal representatives after his/her death, in case any breach of conditions of this bond
shall be discovered after return of the said security and the responsibility of the
employees, 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 nor the security hereby given will
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 of aforesaid or any of them the employee
shall pay to the Corporation on demand such further sum as shall be deemed by the
General Manager & 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 for and on behalf of the Corporation by the General Manager & Secretary of the
Corporation duly authorized 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.
ANNEXURE-II
RULE-16
I consider/do not consider this a disqualification for employment in the Delhi State
Industrial Development Corporation. Shri/Shrimati/Kumari .....................'s age according
to his/her own statement is .......................... years, and by appearance, about years.
AND WHEREAS for the better protection of the Corporation, the obligor has agreed to
execute this bond with such condition as hereunder is written:
AND WHEREAS the said surety has agreed to execute, this bond as surety on behalf
of the above bounden Shri ...............................
And upon the obligor Shri ...................... and, or Shri ........................ the surety aforesaid,
making such payment the above written obligation shall be void and of no effect,
otherwise it shall be and remain in full force and virtue.
PROVIDED ALWAYS THAT the liability of the surety hereunder shall not be impaised
or discharged by reason of time being granted or by any for bearance, act or omission of
the Corporation or any person authorised by it (whether with or without the consent or
knowledge of the surety) nor shall it be necessary for the Corporation to sue the obligor
before suing the surety Sh ........................... for amounts due hereunder.
Signed and dated this ..day of . on thousand nine
hundred and
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.
ANNEXURE-IV
RULE-40
SECTION-I
1. Definitions:
In these Rules, the headings shall not effect the construction and unless repugnant to the
subject or context, masculine shall include feminine and the following words and
expressions shall have meanings assigned to them as follows:
(i) "The Company/the Employer" shall mean 'Delhi State Industrial Development
Corporation and shall include any company, Corporation or association which may, by
purchase, amalgamation or otherwise take over in whole or in part the business of the
company which shall enter into a Deed, in such form as the Trustee shall require,
undertaking to continue the obligations of the Company under these presents and
releasing the Company from all further liabilities thereof;
(ii) "The Corporation" shall mean the life Insurance Corporation of India, established
under Section 3 of the Life Insurance Act, 1956.
iii) "The Commissioner of Income-Tax" shall mean the person appointed as such under
sub-section (i) of section 117 of the Income-Tax Act, 1961 and having jurisdiction over
the Fund; -
(iv) "The Trust Deed" shall mean the Trust Deed, executed by the Company and all
amendments made thereto from time to time;
(v) "The Fund" shall mean the Gratuity fund as described in the Trust Deed;
(vi) "The Scheme" shall mean the Delhi State Industrial Development Corporation
Employees Group Gratuity-Cum-Life Assurance Scheme, described in these Rules;
(vii) "The Rules" shall mean the Rules or the Scheme as set out below and as amended
from time to time;
(viii) "The Trustees" shall mean the Trustees for the time being of the Fund;
(ix) "The Employees" shall mean the Employees of the Employer other than apprentices,
personal & domestic servants and shall be deemed to include whole time bonafide
working Directors who do not own beneficially shareholding carrying more than 5%
voting rights in the Company;
(x) "Eligible Employees" shall mean the person who shall be eligible to benefit by these
Rules as more particularly set forth in Rule 3 below;
(xi) "Members" shall mean persons who, as eligible employees, join the Scheme and
become entitled to benefits hereunder;
(xii) Original Members" shall mean Eligible Employees who become members of the
Scheme on the Effective Date;
(xiii) "Nominee" shall mean the person nominated by the Members from among the"
members of his family which for the purpose of the employees covered by payment of
Gratuity Act, 1972 shall be deemed to consist of:
(a) in the case of a female member herself, her husband, her children whether married or
unmarried, her dependant parents and the dependant parents of her husband-and the.
widow and children of her predeceased son, if any, and;
(b) in the case of a male member, himself, his wife, his children, whether married or
unmarried, his dependant parents and the widow and children of his predeceased son, if
any;
NOTE: The employees who are not covered by the payment of Gratuity Act, the "Family"
means the employees spouse, legitimate children, step children and dependent parents,
sisters and minor brothers.
The employees who do not have a family at the time of making a nomination he may
make the nomination in favour of any person or persons.
xiv) "The Policy" shall mean the Master Policy, which incorporates the Assurances
effected under these Rules for the benefit of the Members and which Policy shall be held
by the Trustees;
(xv) "The Effective Date" in relation to the Scheme shall mean the first day of December,
1975, the date as from which the scheme takes effect;
(xvi) "Annual Renewal Date" in relation to the Scheme shall mean the 1st day of
December, 1976 and the 1st day of December in each subsequent years;
xvii) "Entry Date" shall mean (a) in relation to the original members, the Effective Date
and (b) in relation to new members admitted to the Scheme after the Effective date, the
1st day of the month which is coincident with or which next follows the date on which
they become eligible;
(xviii) "Renewal Date" in relation to the member, shall mean the relevant Annual renewal
Date subsequent to the Entry Date;
(xix) "Superannuation Date" shall mean, in respect of the Member, the date on which he
attains the age of 58 years, on attainment of which the Member shall vacate the
employment;
(xx) "Service" shall mean continuous and uninterrupted service rendered by the Member
to the. Employer and includes service which is interrupted by sickness, accident, leave,
lay-off, strike or lock-out or cessation of work not due to any fault of the Member
concerned. For the purpose of calculating the amount of Gratuity a period of 6 months or
over shall be reckoned as one year. In the case of a Member who is not in uninterrupted
service for one year, he shall be deemed to be in continuous service if he has been
actually employed by the Employer during the period for not less than 240 days.
(xxi) "Salary" shall mean all emoluments which are earned by the Member while on duty
or on leave, in accordance with the terms and conditions of his employment and which
are paid or are payable to him in cash and shall include dearness allowance but shall not
include bonus, commission, house rent allowance, over time and any other allowance.
The trustees shall act for and on behalf of the Employer and the members and very act
done by the Trustee, in consultation with or on instructions of the Employer, in matters
where the Employer has discretion under the Rules or is concerned, shall be binding on
the Employer and the Members. Every act done by agreement made with and notice
given to the Corporation by Trustees, shall be binding Oil the Employer and the
Members.
3. (a) Eligibility :
The employees who satisfy the following conditions shall be eligible to participate in the
Scheme; "Employees who, on the Entry Date", are aged not less than 18 years and have
been actually employed by the Employer for not less than 240 days.
Employees who are in the Service of the Employer on the Effective Date and satisfy the
above conditions shall join the Scheme as from that date. Present Employees who do not
satisfy the above condition on the Effective Date and Employees appointed by the
Employer after the Effective Date shall join the Scheme on the Entry Date, which is
coincident with, or which next follows the date on which they satisfy the said condition.
It shall be a condition of service for future Employees that they must join the Scheme on
the Entry coincident with or next following the date on which they become eligible.
(b) No member shall withdraw from the Scheme while he is still an Eligible employee in
the Service of the Employer.
4. Evidence of Age:
For the purpose of effecting Assurance under Term Assurance Plan in respect of the
Member, evidence of insurability Satisfactory to the Corporation will be required prior to
each Eligible Employee's entry into the Scheme and on each occasion when an increase
in sum assured under the Assurance is to be granted.
If, in the opinion of the Corporation, the evidence submitted is not satisfactory or other
special hazards exist, the Corporation may vary the terms of acceptance of the risk in
respect of the Member. In case the evidence submitted makes the life of the Member
ineligible for insurance on his Entry Date for initial Sum Assured or on any subsequent
Renewal Date on which the Member is declared to be uninsurable, the Corporation's
decision about the insurability of the employee shall be final binding on the Members and
the Trustees.
SECTION II
6. Contributions:
(i) Annual contribution: There shall be duly paid for each Member annually in advance
on the Entry Date and Subsequent Annual Renewal Dates, such contributions as are
required to secure the Assurances herein after described. The contributions shall be paid
through the future service of the Member until his Superannuation Date, unless
determined earlier under the Rules.
When the sum assured under the Assurance is changed, the annual contributions payable
for the Member shall be appropriately adjusted. The contributions shall be ascertained by
the Corporation under the appropriate plans of Assurances.
PROVIDED HOWEVER that if the balance to the credit of Surplus Account together
with the sum payable under the provisions of the Rules is insufficient to make up the
whole of the amount accrued and payable to the Member according to the said Appendix-
I, the Employer shall pay to the Trustees such additional contribution as may be required
to make up the deficiency in the gratuity payable to the Member.
PROVIDED THAT in any case the contributions payable by the Employer in respect of
any Member in terms of paragraph (i) and (ii) and (iii) hereof shall not exceed 8- 1 /3% of
the salary of the Member for the year in respect of which the contribution is paid.
(iv) The expenses of administration of Fund and the Scheme incurred by the Trustees
shall be borne by the Employer, the Employer shall, not claim such expenses as
deductible expenses in computing his business profits or losses for the purpose of
Income- Tax Assessment.
SECTION III
7. Assurances:
(a) Assurances: Subject to the provisions of Rule 5, appropriate Assurance on the life of
each Member under a plan suitably combining one year Renewable Group Term
Assurance with pure endowment (with return of premiums) will be effected to secure the
benefits as described in section IV below. All Assurances necessary to provide the
benefits shall be effected only with the Corporation.
(b) Changes in Assurances: Subject to the Provision of Rule 5, when the Member's
salary is changed, the Assurance effected in respect of him will be appropriately adjusted,
Such adjustment in assurance shall be effected on the Annual Renewal Date which is
coincident with or which next follows the date on which the change in Salary becomes
effective.
(c) Limitation of Assurance: If the contribution payable in respect of the Member under
Rule 6 are not sufficient to secure the benefits as described in Section IV below the
benefits in respect of the Member shall be reduced to an amount as can be secured by the
contributions.
SECTION IV
Upon a Member's retirement at Superannuation Date, there shall become payable to the
Trustees, for the benefit of the Member, an amount equal to 15 days salary as on the
Annual Renewal Date last preceding the superannuation Date multiplied by the total
number of years of service completed by the member, subject to a maximum 20 months
salary or Rs. 30,000/- which ever is less. The Trustees shall pay the benefits to the
member in accordance with the Provisions of Appendix (1).
Members who have not rendered 5 years' service. shall Dot be entitled to any benefits
hereunder, The assurances effected in respect of such Members should be surrendered by
the Trustees and the Surrender Value credited to Surplus Account.
In the event of death of the Member before Superannuation Date whilst he is in Service
of the Employer, there shall be paid to the Trustees a sum which shall be the total of:
(i) The sum, if any for which the Member's life was insured under Term Assurance on the
Date of death, &
The Trustees shall pay to the Nominee the benefits in accordance with the provisions
of Appendix-I
If, with the consent of the Employer, a Member remains in Service after Superannuation
Date, No further contributions will be payable in respect of him. The' payment of benefits
will be deferred until his actual retirement or death during such extended service. Upon
the Member's actual retirement or death there shall be paid to the Trustees the sum that
would have become payable had the member retired at Superannuation date, together
with interest thereon at the rate to be determined by the Corporation on the said date
calculated upto the date of his actual retirement or upto the date of death, as the case may
be, and the Trustees shall pay to the member or the nominee, as the case may be, the
benefits in accordance with the provision of Appendix-I
If the member retires before the Superannuation Date, the Surrender Value of the Pure
Endowment effected in respect of him shall become payable to the Trustees and the
Trustees shall pay to the Member the benefits in accordance with the provision of
Appendix-I.
Terms Assurance Cover shall cease as from the date the Member ceases to be in Service.
(a) Any balance of the value of Assurance remaining over after payment of the Gratuity
as ascertained according to provisions of Appendix-I hereto having regard to the total
service completed by the Member and the circumstances in which he ceases to be in the
Service shall be transferred by the Trustees to the Surplus Account.
(b) If the amount of Gratuity payable to the Member according to the provision of
appendix-I hereto exceeds the benefits payable to the Trustees under the Assurance
effected, the Trustees shall be entitled to pay the excess due to the Members out of the
Surplus Account.
(c) If the funds in the hands of the Trustees in the Surplus Account and the value of the
Assurance hereunder are not sufficient to pay the whole of the gratuity payable to the
Member under. Appendix-I the Trustees shall utilise the additional Contributions payable
in respect of the Member to make up the difference in the amount of gratuity.
(d) If a Member is not entitled to any benefits under the provision of Appendix-I hereto,
the Trustees shall surrender the Assurance effected on his life for immediate cash value
and the surrender value so realized shall be transferred to the Surplus Account.
Pure Endowment effected under the Scheme will acquire Surrender Value immediately
upon payment of the first year's premium in full. The Surrender value will be calculated
accordance with the Rules of the Corporation. One year renewable Term Assurance are
not entitled to any surrender value.
SECTION V.
The benefits assured under the Scheme are strictly personal and cannot be assigned, in
charged or alienated in any way or shall not be liable to attachment in execution of any
Civil, Revenue or Criminal Court.
15 Surplus Accounts:
Any additional contributions paid by the Employer under Rule 6 and the value of any of
the Assurances in respect of a Member, which do not vest in him for any reason and lapse
to the fund, shall be transferred to an account, which shall be called the "Surplus
Account".
The Trustees may, at their discretion, utilise the amounts lying to the credit of the Surplus
Account in Part or Full payment of contributions payable in any year in respect of all or
any of the then current Assurances or to provide additional benefits to all the Members or
their beneficiaries.
(a) In the event of the discontinuance of the contribution to the Scheme, the Trust
hereunder shall, however, continue until the assets of the scheme have been distributed as
provided in the Trust Deed.
(b) The Pure Endowment Assurances will be converted into paid-up assurances for
reduced benefits which will become payable on the Superannuation Date of the Member
or the value of Assurance shall become payable on cessation of Service or on the death of
the Member.
Alternatively, the Trustees may surrender the Master Policy and realize the I Surrender
value thereof.
17. Jurisdiction:
All Assurances issued under the Scheme shall be Indian Contracts. They will be subject
to the Laws of India including the Indian insurance Act, 1938, as amended, the Estate
Duty Act; 1953 as amended, the Life Insurance Corporation Act, 1956, the Income-Tax
Act, 1961, the payment of Gratuity Act, 1972 whichever applicable and to any legislation
subsequently introduced. All benefits under the scheme shall be payable only in India.
Should anything contained in these rules, or in any amendment made there of be
repugnant to any provision or provisions of the Income-Tax Act, 1961, or the Income Tax
Rules, 1962 it shall be ineffective to the extent of such repugnance; any such repugnance
shall be removed by the Trustees, if so directed by t be Commissioner of Income-Tax. If
anything contained in these Rules is in contravention of the Provision of the payment of
Gratuity Act, 1972, or the Rules made there under, the provisions of the said Act and
Rules shall prevail.
The rates of premium and conditions under which the Corporation is prepared to arrange
the scheme shall be subject to an arrangement between the Trustees and the Corporation.
By giving three months written notice, taking effect on and from the next following
annual Renewal Date, the conditions of Assurance and rates of premium may be amended
from time to time in respect of all Assurances on the lives of the Scheme and additions to
Assurances of existing members to be effected on and from the date of expiry of such
notice. Assurances existing at the, time of such alterations or alterations shall not be
effected in anyway.
By giving three months' notice in writing effective on the next following Annual Renewal
Date, the Corporation has the right to terminate the Term Assurance and reissue 'them on
such terms and conditions as the Corporation shall decide.
The Corporation will issue a single Master Policy Incorporating all the Assurances
effected by the Trustees for the benefit of the existing and new Members of the Scheme.
(a) In any case where the Trustees or the Corporation are liable to account to the Income-
Tax authorities for Income-Tax on any payment made under the Rules, the Corporation or
the Trustees shall deduct a sum equivalent to such tax from any such payment made and
the Corporation or the Trustees shall not be liable to the Members for the sum so
deductt1d.
(b) Estate Duty: Where any liability to Estate Duty arises in respect of any benefits, the
Trustees shall apply the benefit or part of it in payment of such duty including any
interest thereon and deduct the amount so paid from the benefits or may postpone the
payment of the benefits until the liability has been provided for, to their satisfaction.
PROVIDED THAT if the Beneficiary satisfies the Trustees that duty has been paid or
shall be paid or that no duty is due, the Trustees shall have the discretion to pay the
benefits subject to the Beneficiary furnishing indemnity or indemnities in the form and
manner prescribed by them.
(c) If the Gratuity Fund and Scheme for any reason cease to be approved by the
Commissioner of Income-Tax, the Trustees shall nevertheless remain liable to tax any
benefits paid to any Member or his Beneficiary.
21 Nomination:
(a) Every Member will be allowed to make a nomination conferring on one or more
members of his family the right to receive the benefits in the event of his death before the
benefits become payable or having become payable, have not been paid. The nomination
shall be made in the Form given in Appendix-II or III as the case may be and shall be
delivered to the Trustees.
(b) If a member nominates more than one person, he shall in his nomination, specify the
amount or shall be payable to each of the nominees in such manner as to cover the whole
of his benefits that may be payable in the event of his death.
(c) Where a member has a family at the time of making a nomination, the nomination
shall be in favour of one or more members belonging to his family. Any nomination made
by the member in favour of a person not belonging to his family shall be invalid.
(d) If at the time of making a nomination, the member has no family, the nomination may
be in favour of any person or persons, but if the Member subsequently acquires the
family, such nomination shall forthwith be deemed to be invalid and the member may be
allowed to make a fresh nomination in favour of one or more members of his family.
(e) A nomination made by a member may, at any time, be modified by him, after giving a
written notice to the Trustees in the manner as prescribed by the payment of gratuity Act.
1972 wherein applicable. If the nominee predeceases the Member, who may thereupon
make a fresh nomination in respect of such interest. If the member has not made a
nomination, then the benefits shall be paid to his heirs.
(f) A nomination or its modification shall take effect to the extent it is valid on the date on
which it is received by the Trustees.
It shall be a condition of membership of the Scheme that on any question arising on any
point of interpretation of these rules or any point relating to admission of new Members
and cessation of Membership, the decision of the Trustees shall be final. If the decision
has any bearing on the provisions of part C of the fourth Schedule of the Income-Tax Act,
1961 or the Rules made there under, it shall be forthwith reported to the Commissioner of
Income-Tax and if the Commissioner of Income-Tax so requires, the Trustees shall
review the decision.
APPENDIX-I
1. After the Member has rendered service 15 days' salary of the member as on the
of not less than 5 years upon retirement on date of retirement for each year of service
or after superannuation Date. subject to a maximum of 20 months salary
or Rs. 30,000 which ever is less.
2. Upon death of the Member whilst in 15 day's salary of the Member as on the
service after Superannuation date or upon date of death or disablement for each year
the Member becoming disabled due to of service subject to a maximum of 20
accident or disease (rendering the months' salary or Rs. 30,000 whichever is
employee incapable of performing work less.
which he was capable of performing before
the accident or disease resulting in such
disablement).
3. In the event of the death of the Member (a) In respect of a Member who is declared
before superannuation date whilst in the to be insurable and for whom life cover has
service of the employer. been granted:
4. After the Member has rendered service 15 day' salary of the Member as on the date
for not less than 5 years upon his of leaving service for each year of service,
retirement or resignation from service of subject to a maximum of 20 months' Salary
the or Rs. 30,000 whichever is less.
employer, prior to Superannuation Date
NOTES:
(a) for riotous or disorderly conduct or any other act of violence on his part, or
(b) for any act which constitutes an offence involving moral turpitude, provided such
offence is committed by him in the course of his employment.
2. In case of termination of Service for any act, wilful omission or negligence by the
Member causing any damage or loss to or destruction of property belonging to the
Employer, gratuity above shall be forfeited to the extent of the damage or loss so caused.
3. All gratuity benefits payable in respect of any Member under the scheme shall be paid
only in a lump sum.
4. Salary for the purpose of this Appendix shall mean Salary as defined in Rule I (xxi).
5. Service for the Purpose of this Appendix shall mean service as defined in Rule I (xx).
6. The Gratuity Amount will not exceed Rs. 30,000 in any case.
Appendix II
FORM OF NOMINATION
The Trustees
1. Shri / Smt. / Kum. .. whose particulars are given in the statement below,
hereby nominate the person (s) mentioned below, to receive the gratuity standing to my
credit, in the event of my death before that amount has become payable, or having
become payable, has not been paid and direct that the said amount of gratuity shall be
paid in proportion indicated against the name's) of the nominee(s).
NONIINEE (S)
2. Sex
3. Religion
4. Whether Married/Unmarried/Widow/Widower
5. Department/Branch
7. Date of appointment
8. Permanent Address.
Village Thana Sub Division Post Office
District State
PLACE:
DECLARATION BY WITNESS
PLACE:
DATED:
Certified that the particulars of the above nomination have been verified and recorded.
Received the duplicate copy of nomination filed by me and duly certified by the Trustees.
APPENDIX-III
FORM OF NOMINATION
2. Sex
3. Religion
4. Father's Name
6. Marital status
(whether unmarried, married, widow or widower)
8. Permanent Address:
I hereby nominate the person(s) mentioned below to receive\le the amount of Gratuity in
the event of my death before that amount becomes payable, or having become payable,
has not been paid, and direct that tl1e said amount shall be distributed among the said
person(s) in the manner shown against their names
* I. Certified that I have no family and should 1 acquire family hereafter the above
nomination should be deemed as cancelled.
*2. Certified that my father/mother/sister(s) minor brother(s) is/are dependent upon me.
Dated this day of at
2.
Certified that the above declaration has been signed by Shri/Shrimati before me after
he/she has read the entries
** This column should be filled in so as to cover the whole of the amount of Gratuity that
may be payable in the event of the death.
ANNEXURE-V
RULE 38
4. Direct Recruits:
Notwithstanding the provisions of para 3 above, the relative seniority of all direct recruits
shall be determined by the order of merit in which they are selected for such appointment,
on the recommendations of the U.P .S.C. or other selecting authority persons appointed as
a result of a subsequent selections.
Provided that where persons recruited initially on a temporary basis are confirmed
subsequently in an order different from the order of merit indicated at the time of the
appointment seniority shall follow the order of confirmation and not the original order of
merit.
5. Promotees:
(i) The relative seniority of persons promoted to the various grade shall be determined
In the order of selection for promotion. Provided that where persons promoted initially on
a temporary basis are confirmed subsequently in an order different from the order of
merit indicated at the time of their promotion, seniority shall follow the order of
confirmation and not original order of merit.
(ii) When promotions to a grade are made from more than one grade, the eligible shall be
an arranged in separate lists in the order of their relative seniority in their respective
grades. Thereafter, the department Promotion Committee shall select persons for
promotion from each list upto the prescribed quota and arrange all the candidates selected
from different lists in a consolidated order of merit, which will determine the seniority of
the persons on promotion to the higher grade.
NOTE: If separate quotas for promotion have not 'already been prescribed in the relevant
recruitment rules, the Ministries/Departments may do 10 now, in consultation with the
commission wherever necessary.
The relative seniority of direct recruits and of Promotees shall be determined according to
the rotation of vacancies between direct recruit and Promotees which shall be based on
the quotas of vacancies reserved for direct recruitment and promotion respectively.
EXPLANATORY MEMORANDUM
General Principle 5 (i): Where promotions are made on the basis of selection by a
D.P.C- the seniority of such promotees shall be in the order in which they are
recommended for such promotion by the Committee. Where promotions are made on the
basis of seniority subject to the rejection of the unfit, the seniority of persons considered
fit for promotion at the same time shall be the same as the relative seniority in the lower
grade from which they are promoted. Where however, a person is considered as unfit for
promotion and is superseded by a junior, such person shall not, if he is subsequently
found suitable and promoted, take sonority in the higher grade over the junior persons
who had superseded him.
General Principles 5 (ii): Illustration: where 75% of the vacancies in the grade of Head
Clerk are reserved for promotion from the grade of Upper Division Clerk and 25% from
the grade of Storekeeper, the eligible Upper Division Clerks and Storekeeper shall be
arranged in separate lists with reference to their relative seniority in these grades. The D,P
.C. will make selection of three candidates from the list of LJ.D.C. and I from the list of
Storekeeper. Thereafter the selected persons from each list shall be arranged in a ~ingle
list in a consolidated order of merit assessed by the D.P.C. which will determine the
seniority of the persons on promotion to the higher grade.
General Principles : 6 A roster should be maintained based on the reservation for direct
recruitment and promotion in the Recruitment Rules. Where the reservation for each
method is 50% the roster will run as follows:
(1) Promotion, (2) Direct Recruitment, (3) Promotion, (4) Direct Recruitment and so on.
Appointment should be made In accordance with this roster and seniority determined
accordingly.
Illustration: Where 75% of the vacancies are reserved for promotion and 25% for direct
recruitment, each direct recruit shall be ranked in seniority below 3 promotees. Where the
quotas arc 50% each, every direct recruitment shall be ranked below a promotee. If for
any reason, a direct recruit or a promotee ceases to hold the appointment in the grade, the
seniority list shall not be re-arranged merely for the purpose of ensuring the proportion
referred to above.
ANNEXURE-VI
1. Name:
These regulations shall be called Delhi State Industrial Development Corporation Limited
Employees Provident Fund Trust Regulations, They shall come into force with effect
from 1st July, 1976.
2. Definition:
(i) "Corporation" means the Delhi State Industrial Development Corporation Limited.
(ii) "Member" means any person in the service of the Corporation either at the Head
Office or elsewhere who has been duly admitted as subscriber to the Delhi State
Industrial Development Corporation's Employee's Provident Fund Trust,
(iii) 'Trustees" mean the members of the Board of the Fund for the time being as
hereinafter provided.
(iv) "Fund" means the Delhi State Industrial Development Corporation Limited
Employees' Provident Fund.
(a) In the case of male member, his wife, children, whether married or unmarried,
dependent parents and the widow or widows and children of his deceased son; provided
that if a member proves that his wife has been judicially separated from him or has
ceased under the customary law of the community to which she belongs to be entitled to
maintenance she shall no longer be deemed to be a part of her husband's family in matters
to which these regulations relate unless the member subsequently intimates by express
notice in writing to the Trustees that she shall continue to be so regarded.
(b) In the case of female member her husband, children whether married or unmarried,
dependent parents, her husband's dependent parents and the widow or widows and
children of deceased son by notice in writing to the Trustees expresses her desire to
exclude her husband and his dependent parents from her family, the husband shall
henceforth be deemed to be no longer a member of the member's family in matters to
which these regulations relate, unless the member subsequently cancels formally in
writing any such notice
(vi) "Children" means legitimate children and includes adopted children if under the
personal law of the member adoption of a child is legally recognized.
(vii) "Continuous Service" means uninterrupted service and includes service which is
interrupted by sickness, accident, authorised leave, strike when it is not illegal, or
cessation of work not due to the employee', fault.
(viii) "Employer" means the Delhi State Industrial Development Corporation Limited.
(ix) "Employee" means a person in the employ of the Corporation for wages/salary in any
kind of work, manual or otherwise. in or in connection with the work of the Corporation,
and who gets his wages/salary directly or indirectly from the Corporation and includes
any person employed by or through a contractor in or in Connection with the work of the
Corporation. '
(x) "Basic wages" means all emoluments which are earned by an employee while on duty
or on leave with wages in accordance with the terms of the contract of employment and
which are paid or payable in cash to him, but does not include :-
(b) any dearness allowances (that is to say. all cash payments by whatever name called
paid to an employee on account of a rise in the cost of living), house rent allowance.
overtime allowance, bonus, commission or any other similar allowance payable to the
employee in respect of his employment or of work done in such employment;
(xi) Act" means Employees Provident Fund and Family Pension Fund Act, I - 52. All
other words and expressions shall have the meanings respectively assigned to them in the
Employees Provident Fund & Family Pension Fund Act, 1952 and the scheme framed
there under.
3. Constitution of Trust:
The Fund shall, subject to the Rules and Regulations herein contained, constitute an
irrecoverable trust for benefit of the members and no moneys belonging to the Fund in
hand of the Trustees shall be recoverable by the Corporation under any pretext whatever,
nor shall be Corporation have any lien or charge of an y description on the same save as
herein provided.
4. Board of Trustees:
(i) Subject to the provisions hereinafter contained, the Fund shall vest in and be managed
by a Board of Trustees. The Trustees shall have the entire control of the Fund including
making of investments and sale of securities. The costs, charges." and expenses of
administering the Fund shall be borne by the Corporation.
(ii) The Trustees may make assignment of the duties and delegate such powers to the
Corporation for day to day administration of the Fund as they may consider necessary
from time to time.
(iii) The Board of Trustees shall consist of not less than six Trustees consisting of equal
number of representatives of employees and the employer. The election of employees'
representatives will be held in accordance with procedure approved by Regional
Provident Fund Commissioner. One of the Trustees representing the employer shall be
nominated by the Corporation to be the Chairman of the Board of Trustees.
(iv) The Trustees will held office for a period of one year from the date of appointment,
to be renewed annually thereafter.
(v) Whenever any Trustee is transferred from Head Office, or dies, resigns, or becomes in
the opinion of the Corporation unqualified incompetent or incapable of action or ceases
to be an employee of the Corporation, any such casual vacancy snail be filled by :-
(a) Holding fresh election in case the vacancy occur in a seat held by a representative of
the employees or
(b) By nomination by the employees in the case the vacancy occurs in seat held by the
employer's representative.
(vi) At any meeting of the Trustees, three Trustees shall constitute quorum provided that
of those present at least one is employer's representative and one is employee's
representative. Chairman of Board of Trustees shall have a casting vote in addition to and
not instead of his own vote as a Trustee. The decision of majority at any meeting of the
Trustees at which a quorum is present shall be final.
5. Investment of Funds:
(i) The Trustees shall cause to establish and maintain in the name of the Fund with the
State Bank of India an account which shall be operated in such manner as the Trustees
may resolve. All moneys to the credit of such account shall be dealt within accordance
with these Rules. Cheques will be signed at least by two Trustees.
(ii) All moneys of the Fund not immediately required for the purpose of the Fund and the
interest on the accumulated balances of the contributions shall be invested in accordance
with instruction issued by the Government or India from time to time.
6. Membership:
(i) Every employee who is appointed in the service of the Corporation shall be entitled
and required to become a member of the Fund from the beginning of the month following
that in which he completes six months continuous service or has actually worked for not
less than 120 days or has been declared permanent by the Corporation whichever is
earlier.
Re-employed Government servants shall also be eligible to become members of the Fund
from the date of their re-employment, if the period of re-employment is more than one
year. When the term of re-employment is initially for a year or less but is later extended
so as to exceed one year, the employer's contribution with interest will be credited only
after the completion of one year's re-employed service.
(ii) Employees appointed on contract terms will be entitled to become members of Fund
from the date of their appointment.
8 Nominations :
(i) Every member shall send a-nomination conferring on one or more persons t6e right to
received the amount that may stand to his credit in the event of his death before that
amount has become payable or having become payable has not been paid. The
nomination shall be in such from as the Trustees may from time to time prescribe. The
nomination should be sent to the Corporation for registration in the books of the Fund. A
member may in his nomination, distribute the amount that may stand to his credit in the
Fund amongst his nominees at his own discretion, provided that if at the time of making
the nomination the member has family, the nomination shall not be in favour of any
person or persons other than the member of his family.
(ii) if a member nominates more than one person, he shall specify in the nomination the
amount of share payable to each of the nominees.
(iii) A member may any time cancel a nomination by sending a notice in writing to the
Corporation provided that the member shall, along with such notice send a fresh
nomination made in accordance with the provisions of these regulations.
8. Contributions:
(i) The Corporation shall make in respect of each member, a Contribution to the Fund at
the rate of 8 per cent of the basic pay and dearness allowance including cash value of any
food concession and retaining allowance, if any, payable to him.
(ii) A member's contribution shall be equal to the contribution payable by the Corporation
in respect of him.
(iii) A member may at his option be allowed to contribute upto 15 of his pay plus
Dearness allowance but the Corporation's contribution shall remain as under sub
Regulation (i) above.
(iv) The contribution of members shall be recovered from their pay bills.
(v) If member is sent on deputation, he shall remain subject to the Regulations in the
same manner as if the were not so sent.
(vi) Each contribution shall be calculated to the nearest quarter of a rupee; 12.5 paise or
more to be counted as the next higher quarter of a rupee, and less than 12.5 paise being
ignored.
9. Transfer of Accumulations:
10. Interest:
(i) The Corporation shall credit to the account of each member interest at the same rate as
is fixed by Government of India for credit to C.P. Fund accounts of its employees from
time to time.
(ii) Interest shall be credited on 31st March of each year in the member's accounts in the
following manner :-
(a) On the amount at the credit of a subscriber on the 31st March of the preceding year
less any sums withdrawn during the current year-interest for twelve months;
(b) On sums withdrawn during the current year interest from the 1st April of the current
year upto the last day of the month preceding the month of withdrawal;
(c) on all sums credited to the member's account after the 31st March of the preceding
year interest from the month of credit upto the 31st March of the current year. In case the
cash deposit by a member towards repayment of advance, interest will be allowed from
the month following that in which deposit is made.
(iii) The total amount of interest shall be rounded to the nearest rupee; 50 Paise and above
being rounded to the next higher rupee and any sum less than 50 paise being ignored.
(i) The Trustees may allow members to withdraw advance from the fund:
(a) to meet expenses incurred in connection with illness of a member or members of his
family or dependent parents; and
(b) to meet expenses in confection with any marriage, funerals, or ceremonies which by
the religion of the member it is incumbent upon him to perform and in connection with
which it is obligatory that expenditure should be incurred.
(ii) The withdrawals under this Regulation shall not exceed 3 months Pay and D.A. of the
member or total of his own contribution with interest standing to his credit, whichever is
less.
(iii) A second withdrawal under this Regulation shall not be allowed until the first
withdrawal has been fully repaid.
(iv) Advance drawn under this Regulation shall be repaid in not more than 24 monthly
installments. Recovery will commence from the pay of the month following that in which
the advance was drawn. In the case of a member who was on leave without pay, recovery
will commence from pay of the month following that in which he joined duty on return
from leave.
(i) The Trustees may sanction to a member an advance of an amount not exceeding his
twenty for months pay and D.A. or his own total contributions standing to his credit with
interest hereon, whichever is less; for purchasing a dwelling house, or a dwelling site or
for the construction of a dwelling house.
(ii) No advance under this Regulation shall be sanctioned unless a member has completed
seven years' membership of the Fund and his own total contribution with interest thereon
standing to his credit in the Fund and is not less than Rs. 1,000/- (iii) Where an advance is
sanctioned for the construction of dwelling house the construction shall be completed
within six months of the drawl of advance. In the case of purchase of a dwelling house or
a dwelling site, the purchase shall be completed within six months of the drawal.
(i) (a) Where a member desires that premium due on a policy of Life Insurance taken by
him on his own life should be financed from his Provident Fund Account, he may apply
in such form and in such manner as may be prescribed by the Commissioner;
(b) On receipt of such application the Commissioner, or, where so authorised by the
Commissioner, any other Officer subordinate to him may make payment on behalf of the
member to the Life Insurance Corporation of India towards premium due on his policy:
Provided that no such payment shall be made unless the premium is payable half-yearly
or yearly.
(c) any payment made under sub-paragraph (b) shall be made out of and debited to the
member's own contribution with interest thereon standing to his credit in the Fund.
(d) no payment shall be made under sub-paragraph (b) unless the member's own
contribution in his Provident Fund Account with interest thereon is sufficient to pay the
premium; and where the payment is to be made on the first prepremium; sufficient to the
premium for two year.
(e) no payment shall be made towards a policy unless it is legally assignable by the
member to the Central Board;
(f) The Commissioner shall before making payment in respect of existing policies, satisfy
himself by reference to the Life Insurance Corporation that no prior assignment to the
policy exists and the policy is free from all encumbrances;
(ii) Where a policy of Life Insurance of a member is financed from his Provident Fund
Account, the Commissioner may:
(a) Convert the Insurance Policy into a paid-up, one when the credit in his Provident
Fund on account of his share becomes inadequate for the payment of any premium;
(b) Pay late fee and interest out of the member's own contribution in his Provident Fund
Account, if any premium cannot be remitted to the Life Insurance Corporation in time
because of delay in sending to the Commissioner the policy duly assigned to the Central
Board or any other reason for which the member or his employer may be responsible,
(iii) (a) The policy shall, within six months of the ,first payment under paragraph (i), be
assigned by endorsement thereon, to the Central Board and shall be delivered to the,
Commissioner.
(b) Notice of the assignment of the policy shall be given by the member to the life
Insurance Corporation and the acknowledgement of the said notice by the Corporation
shall be sent to the Commissioner within three months of the date of assignment.
(c) The terms of the policy shall not be altered nor shall the policy be exchanged for
another policy without the prior consent of the Commissioner to whom the details to the
alteration or of the new policy shall be furnished in such form as he may specify:
(d) if the policy is not assigned and delivered as required under sub-paragraph (a) or is
assig!1ed otherwise than to the Central Board, or is charged or encumbered or lapses: any
amount paid from the Fund in respect of such policy shall, with interest thereon be repaid
by the member forthwith to the Fund. In the event of default, the employer shall, on
receipt of such directions as may be issued by the Commissioner in this behalf, deduct the
amount in lump sum or in such installments as the Commissioner may determine from
the emoluments of the member and pay it to the Fund within such time and in such
manner as may be specified by the Commissioner. The amount so repaid or recovered
shall be credited to the member's account in the Fund.
(iv) So long as the policy remains assigned to the Central Board, any bonus accruing on it
may be drawn by the Central Board or where authorised by the Central Board, by the
Commissioner, and adjusted against the payment made on behalf of the member under
paragraph (i).
(V) (a) Where the accumulations standing to the credit of the member are withdrawn
under regulation (19) or when the member repays to the Fund the amounts of premium
paid by the Board with interest thereon at the rate provided in regulation 10 the Central
Board or where authorised by the Central Board, the Commissioner,' shall reassign by
endorsement thereon the policy to the member together with a signed notice of
reassignment addressed to the Life Insurance Corporation.
(b) if the member dies before the policy has been reassigned under sub-paragraph (a) the
Central Board or where authorised by the Central Board, the Commissioner, shall
reassign by the endorsement thereon, the policy to the nominee of the member if a valid
nomination subsists and if there be no such nominee; to such person as may be legally
entitled to receive it together with a signed notice of reassignment addressed to the Life
Insurance Corporation.
(vi) If a policy matures or otherwise falls due for paymeI1t during the currency of its
assignment, the Central Board or, where so authorised by the Central Board, the
Commissioner, shall realize the amount assured together with bonus, if any, accrued
thereon, place to credit of the member the amount so realized, or the whole of the amount
paid from the Fund in respect of the policy with interest thereon, whichever is less, and
refund the balance, if any, to the member.
14 Interest on Withdrawals:
(i) In respect of advances which are repaid in not more than 12 monthly installments an
additional installment equivalent to 4 per cent of the amount of advance shall be
recovered on account of interest and in respect of advance which are repaid in more than
12 monthly installments two such installment each equivalent to 4 per cent of the amount
of advance shall be recovered on account of interest.
(ii) Recoveries of interest made under this Regulation shall be credited to the account of
the member in the fund and shall be rounded to the nearest rupee.
15. Member's Accounts:
The Fund shall maintain an account of for each member, which will show separately: -
(a) The amount of the member's contribution and interest thereon; and
(b) The amount of employer's contribution and interest thereon.
On or as soon as may be, after 31st March each year, the Trustees shall cause a proper
Receipt and Payment Account and a Balance Sheet to be drawn up in the respect of all
transactions pertaining to the Fund during the 12 months ended such 31st March. In
making up the Balance Sheet the investments will be valued at cost.
17. Audit:
The accounts of the Fund shall be audited yearly by the Headquarter Auditors of the
Corporation. The copy of the audited accounts will be forwarded to the Regional
Provident Fund Commissioner.
(i) For each financial year, the Corporation shall furnish to each member, after the
accounts have been audited, a statement of his account showing opening balance at the
beginning of the year, contributions during the year, interest credited at the end of year,
withdrawals made etc. and balance at the end of year.
(i) A member may withdraw the full amount standing to his credit in the Fund :-
(b) On leaving the service of the Corporation as a result of permanent and total incapacity
for work due to bodily or mental infirmity certified by the Medical Officer appointed by
the Corporation;
(c) Immediately before migration from India for permanent settlement abroad;
(d) In the case of employees appointed on contract terms, on leaving the service of the
Corporation in accordance with their contract of appointment.
(ii) In cases other than those specified in sub-Regulation (i), Trustees may permit a
member to withdraw subject to the provisions of Sub-Regulation (iii), the amount
standing to the credit in the Fund, if he has not been employed in any establishment to
which the Act applies for a continuous period of not less than six months immediately
proceeding the date on which he makes the application for withdrawal.
(iii) When a member withdraws any amount under sub-Regulation (ii) the following
provisions shall apply, namely: -
(a) 75% of the employer's contribution and interest there on shall be forfeited to the fund
if the period of his membership of the fund is less than 3 years;
(b) 50% of the employer's contributions and interest thereon shall be forfeited to the fund
if the period of membership is 3 years or more but less than 5 years;
(c) No part of employer's contribution with interest thereon shall be forfeited if the
period of membership is five years or more;
(d) any sum forfeited to the fund under this Regulation shall not be returned the employer
but shall be credited to the Reserve & Forfeited ACCOUNT of the Fund.
(iv) Where a member leaves the service of Corporation and obtains employment in
another establishment to which the Act applies, the entire accumulation standing to his
credit in the fund will be transferred to the credit of his provident Fund in the new
Establishment if such Establishment is an exempted one.
If the establishment is not exempted the accumulation will be transferred to the Regional
Provident Fund Commissioner in whose jurisdiction the Establishment is located.
(i) On the death of a member before the amount standing to his credit has become
payable or where the amount has become payable before death but is/was not paid before
death :-
(a) If a nomination made by the member subsists, the amount standing to his credit in the
Fund or that part thereof to which the nomination relates, shall become payable to his
nominee or nominees in accordance with such nomination; or
(b) If no nomination subsists or if the nomination relates only to a part of the amount
standing to his credit in the Fund, the whole amount or the part thereof to which the
nomination does not relate, as the case may be, shall become payable to the members of
his family in equal shares provided that no share shall be payable to : (1) sons who have
attained majority ; (2) sons of a deceased son who have attained majority; (3) married
daughters whose husbands are alive; (4) married daughters of a deceased son whose
husbands are alive, if there is any member of the family other than those specified in (1)
to (4) above. The widow or widows and the child, children of a deceased son shall
receive between them in equal parts only the share which that son would have received, if
he had survived the member and had not attained the age of majority at the time of the
member's death.
(ii) In any case to which the above provisions of clauses (a) and (b) do not apply whole
amount shall be payable to the persons legally entitled to it.
21 Deduction From The Accounts Of Member Dismissed For Serious And Wilful
Misconduct:
(ii) Before exercising the power of forfeiture conferred by sub-Regulation (i) the member
concerned shall be called upon by notice in writing to show cause to the Trustees why the
forfeiture shall not be made and shall decide the amount of for feature after taking into
account any representation made by the member.
(iii) A forfeiture made under sub-Regulation (i) may be revived by the Trustee either of
its own motion or at the request of the employer or the member.
(iv) Any amount forfeited from the individual account of a member under sub-Regulation
(i) shall not be returned to the employer but shall be credited to the Reserve & Forfeiture
Account of the Fund.
(i) The Trustees shall set up a Death Relief Fund to be created out of the whole or part of
money accruing from forfeiture of employer's contribution under these Regulations and
profits from investments in the Fund in excess of interest credit8d to individual-accounts
for affording financial assistance to the nominees/heirs of the deceased of members in the
manner and to the extent specified in sub-Regulation. (ii)
(ii) If the amount at the credit of a deceased member falls short of Rs. 750/- by any sum,
that sum will be paid from the Death Relief Fund to his/her nominee/heir. The amounts
standing to the credit of a deceased member will be total of the following amounts
namely"
(i) The family Pension Scheme, 1971 under the Act will apply to:
(a) all employees admitted as Members of the Fund on or after 1st March, 1971.
(b) all those employees who were members of the Fund prior to 1st March, 1971 and
have opted for the Family Pension Scheme.
(ii) In respect of members covered by the Family Pension Scheme, from out of
contribution of the employer and the members,. a part thereof namely 1/6% of the
members pay and D.A., from out of contributions of employer as well as of employee
shall be transferred to Family Pension Fund maintained by the Government.
(iii) Such employees shall be entitled to benefits in respect of Family Pension and Life
Insurance as admissible under the Scheme.
(a) Any sum forfeited to the Fund as per Rule 19 (iii) (d) and 21 (iv),
(b) Any sum remaining after payment of provident fund by postal money order to the
members.
(ii) The amount forefeited under this account may be utilized for the following purposes:
(a) adhoc payment of Rs. 30.00 to the heirs of a deceased member as an aid for procuring
a succession or a guardianship certificate for getting the provident fund dues if such a
certificate is necessary:
(b) payment of a sum to the nominees/heirs of a deceased member provided that .the total
amount including the sum proposed to be paid does not exceed Rs. 750/- (the intention is
that a sum of Rs. 750/- should be assured of such nominees/heirs.)
(c) For meeting money order commission on remittance from the provident fund to
outgoing members/their heirs.
(d) For declaring the rates of interest so that it is .not lower than that fixed under the
Employees' Provident Fund Scheme.
(f) For making good the capital loss on the conversion of securities and other instruments
This should, however be limited to cases of absolute necessity
All matters for which these Rules do not specifically provide shall be governed by the
provisions of the Act and Scheme framed there under. In case of any doubt the matter
shall be referred to the Regional Provident Fund Commissioner whose decision shall be
final and binding.
ANNEXURB-A
The following Committees are hereby constituted to perform the functions of staff
selection \ Committee / Departmental Promotion Committee for appointment/promotion
to the various categories of posts in the DSIDC as shown against each category:-
Category Constitution
The Management may also co-opt 2 to 3 members depending on the situation with any of
the above Committees from the field of specialization by drawing them from any Govt.
Department Public Undertakings or private institution and eminent members from public.
ANNEXURE- B
RULE- 30
GROUP-A
GROUP-B
GROUP-C
GROUP-D