The Rail Land Development Authority (Pay, Allowance, Terms, Conditions Of Service Of Members Officers And Other Employees) Rules 2007
|The Rail Land Development Authority (Pay, Allowance, Terms, Conditions Of Service Of Members Officers And Other Employees) Rules 2007|
|State or Central||Central|
1: Short title and commencement. 1.1 These Rules may be called the Rail Land Development Authority ( Pay, Allowances, Terms and Conditions of Service of members, officers and other employees ) Rules, 2007 1.2 They shall come into force on the date of their publication in the Official Gazette
2: Definition. In these rules, unless the context otherwise requires, -
(a) "Act" means the Railways Act, 1989 (24 of 1989);
(b) "Appointee"' means any person who has been offered appointment or appointed to a post in the Authority; ,
(c) Authority" means the Rail Land Development Authority constituted under section 4A of the Act; (d) "Board" means the executive Board of the Authority consisting of Chairman, Vice Chairman and Members;
(e) "Central Government'" means the Ministry of Railways;
(f) "Classification of Employees" means all levels of the Authority grouped as A1 from Levels I to III, A2 from Levels IV to VII, A3 for Levels VIII; as Group B for Level IX; Group C for Level X a to g and Group D for Level XI a and b, in terms of the Levels specified in rule 12(1) of chapter VI of the Rail Land Development Authority (Constitution) Rules, 2007;
(g) "Employee" means any person who has been employed by the Authority against a post other than through outsourced services;
(h) "Deputation service" means service in a post of the Authority, whether by nomination or selection, by the Vice Chairman, Members, officers and staff while continuing to have a lien on the post held by them in the parent organisation;
(i) "Non-deputation service" means full time service in a post of the Authority by the Vice Chairman, Members , officers and staff who choose to be absorbed after or during deputation in the Authority or choose to join a post in the Authority directly without any deputation on the terms and conditions offered prescribed under these rules;
(j) "Outsource ' Services" means all common or other services of the Authority which it may decide to give on contract to individuals, agencies, corporate or non corporate bodies, or institutions, for the efficient discharge of the functions, of the Authority on business principles. The terms and conditions to engage such an individual or agency or corporate or noncorporate bodies or institution shall be decided by the Authority,
(k) "Pay scale" means the pay scale stated against each post mentioned in sub-rule (1) of rule 12 of the Authority's Constitution Rules, 2007;
(l) Words and expressions used in these rules and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.
3: Tenure. (1) The tenure of all those on deputation service with the Authority shall be three years from the date of joining the Authority extendable up to five years as per the extant rules applicable to employees of the central government or the age of sixty years, whichever is earlier. (2) Subject to the prior approval of the Central Government on the ground of special circumstances, the employee on non-deputation service of level II and III may be granted extension beyond the age of 60 and till the age of 65 years and employees of level IV to X may be granted extension till the age of 62 years.
(3) An employee on deputation can seek his repatriation to the parent department and the same may be granted by the Central Government in consultation with the Authority. In case of any difference of opinion arises between the Central Government and the Authority the decision of the Central Government thereon shall be final.
(4) The Authority shall have the right to repatriate any employee on deputation service, on the ground of administrative exigencies to his parent department in consultation with Central Government.
4: Probation. All direct appointees to the Authority shall be on probation for one year after which the appointing authority may confirm the appointee. During the period of probation, an employee shall be liable to be discharged from service of the Authority without notice or without assigning any reasons at the sole discretion of the Authority. The service of appointees on non deputation service shall stand terminated in case such appointees are not confirmed at the end of one year of service from the date of joining of the service and in such case only one extension of probation for a period of six months may be granted by the Central Government in the case of Group A1 employees and in case of the other Groups of employees by the Authority.
5: Resignation. (1) All employees on deputation service who choose to resign from Central Government may do so after seeking repatriation to the parent department from the Authority. The decision of the parent department in this regard shall be final. This will however not be applicable to employees who opt to get absorbed with the Authority against a post offered to him. The procedure for seeking absorption on a permanent post in the Authority shall be determined in the regulations. (2) All confirmed employees in a permanent post on non deputation service may resign from their posts in the Authority after giving three months notice as per the provisions to be made in the regulations.
6: Salary. (1) All those on deputation service shall be entitled to the pay in the pay scale stated against the post mentioned in rule 12 of the Rail Land Development Authority (Constitution) Rules, 2007 and any increments therein recommended by their respective Selection Committees at the time of their selection and mentioned in their appointment letter. (2) All those who join the Authority on non deputation service shall be entitled to the pay scale and the pay therein as stated in their contract with the Authority or his appointment letter, as the case may be.
7: Fixation of Pay. No person selected for deputation with the Authority shall be given the pay less than the pay received by him in the parent Government department and the fixation of his pay shall be as per the rules applicable to Central Government employees.
8: Pay. (1) For the purpose of these rules monthly pay includes the basic pay, the clearness pay and all other allowances to which the holder of the post is entitled, unless otherwise specifically stated in the rules.
The pay shall be subjected to deduction of Provident Fund, Group Saving Linked Insurance Scheme and other statutory deductions as per the extant Central Government Rules. The accountal of these monthly deductions and settlements thereof shall be maintained by the Central Government (2) The pay shall also be subjected to deductions on account of contribution to Rail Land Development Authority Welfare Fund as specified in the regulations, the accountal and operation of which shall be maintained by the Authority.
(3) All advances shall be on the basis of the capacity to repay as per the extant government rules.
(4) In the initial stages of the establishment of the Authority till a formal official set up has taken over, the pay and other allowances for those employees on deputation shall be disbursed by the Ministry of Railways.
9: Seniority and Promotions. Seniority and promotions of the employees shall be as prescribed in the Regulations to be framed by the Authority as per the Act.
10: Allowances (1) All the levels mentioned in rule 12 of the Rail Land Development Authority (Constitution) Rules, 2007 shall be entitled to the following allowances subject to the terms stated therein. (a) All deputationists from the Ministry of Railways shall be entitled to a deputation allowance of five percent of their basic pay subject to a maximum of Rs 500 if the deputation is at the same station where they are serving in the railways, or ten percent of their basic pay subject to a maximum of Rs 1000, if their deputation is at any other station. This is further restricted to the condition that 'pay plus deputation allowance' shall not exceed the maximum of the scale of ex-cadre post.
(b) All deputationists from other organisations shall be paid as per the terms of deputation agreed to between the lending organisation and the Authority.
(c) the dearness allowance/additional dearness allowance/ad hoc dearness allowance will be paid at the rates applicable to the Central Government employees of the corresponding pay slabs.
(2) All confirmed or permanent employees of the Authority, including those on deputation, who have not been provided with an official accommodation, shall be uniformly entitled to house rent allowance, with reference to his place of posting and classification of the cities as per instructions of Government of India applicable to Central Government employees.
11: Accommodation (1) As the Authority will function directly under the Ministry of Railways, rules applicable to railway servants for retention of railway quarters will also apply for Authority till it completes the construction of its own quarters. (2) Employees on deputation service to the Authority who do not have railway accommodation shall be eligible to get railway accommodation from the concerned railway administration at their place of posting. Railway administration for this purpose shall be Railway Board for posting at Delhi and concerned Division or Zonal Railway Head Quarter at other places.
(3) The Authority may construct staff quarters on railway land or purchase or take on lease ready built flats to provide accommodation to its employees.
(4) Groups A1 to B shall have the option to avail the facility of lease in lieu of house rent allowance. The lease facility, third party as well as self leased residential accommodation can be availed by the employees in these Groups subject to the monthly rental ceilings given below for unfurnished leased residential accommodation where the Railways or the Authority's own accommodation is not available:
a. For taking house on third party lease or self lease employees are eligible for payment or reimbursement of expenses.
i) Brokerage charges equal to an amount not exceeding one month rental ceiling, payable directly to the broker if accommodation is arranged through broker. These charges shall not be payable in case of self leasing.
ii) Repair and Maintenance to the extent of two months rent or entitlement whichever is less, per year.
iii) Advance security deposit equal to three months rental may be paid directly to the house owner (interest free), which shall be refunded to the Authority on expiry of lease. These charges shall not be payable in case of self-leasing.
12: Medical Allowance. (1) Employees on deputation service with the Authority will be given an option to continue with the medical facilities available to them under the Railway Health Scheme or Central Government Health Scheme or any other medical scheme of their parent department. (2) Employees on non deputation service with the Authority and deputation employees who choose not to continue with the medical facilities given to them by their parent department, will be entitled to the medical benefits prescribed under the Regulations. Till the Regulations are framed, the Authority will continue to reimburse the medical expenses incurred for the illness of an employee or any dependent member of his family, limited to a monthly sum as indicated in the table.
(3) For indoor hospitalisation, major surgery, serious illness and the like, expenditure incurred in excess of the above limit may be reimbursed to the employee, with the approval of the Vice Chairman.
13: Family Planning Allowance. All employees who have undertaken any of the family planning procedures, either self or spouse, will be entitled to the following, provided the procedure has been undertaken prior to attainment of fifty years by male employees and forty five years by female employees a. Special Increment, as personal pay, which shall not be absorbed in future increases of pay. The amount of personal pay shall be as per the extant central Government rules.
14: Children Education Allowance. (1) A maximum of two children of each confirmed employee studying in a school recognised by the Central or State Government or Union territory Administration except in the case of physically or mentally challenged children, shall be entitled to an education allowance for Class I to XII: Provided that a child is not in the same class for more than two academic years and the employee has opted for the educational allowance of the Authority instead of a government or a non-government scholarship to which his child is entitled.
(2) Subject to the provisions of sub-clause (i), an employee shall be entitled to the reimbursement of the actual costs of:
a. Tuition Fees, subject to a maximum of Rs 40 per month per child for class I to X and Rs 50 per month for class XI and XII and Rs 100 per month per physically or mentally challenged child.
b. Science or Computer Fee subject to a maximum of Rs 10 per month per child if paid specifically in addition to the tuition fee.
c. Hostel Subsidy, subject to a maximum of Rs 300 per month per child where on account of transfer the employee is obliged to keep the child in the hostel or a residential school away from the station at which he is posted or residing.
d. Educational Assistance subject to a maximum of Rs 100 per month per child and Rs 200 per month per physically or mentally challenged child, when an employee is compelled to send the child to a school away from the station he is posted at or is residing at owing to the absence of a school of requisite standard at that station.
15: Conveyance Allowance. All employees can opt to draw fixed conveyance allowance in lieu of transport allowance on self certification basis as detailed below subject to the following:
a) That he is not availing the use of pooled staff car facility.
b) Ownership and maintenance of conveyance is required on the functional basis in the interest of the Authority and it should be useful in the efficient and effective discharge of official duties.
c) That vehicle should be owned and registered in the name of the employee who holds a regular and valid driving license to drive the vehicle so registered.
d) That he is required to perform frequent journeys on the business of the Authority and also required to attend to official business beyond normal duty hours for which no transport or extra compensation will be admissible. But reimbursement of conveyance expenses shall be admissible for attending office on holidays. e) That employee who is entitled to conveyance allowance shall use his own vehicle for official journeys within the limit of eight kilometres of his headquarter where he is posted for which he will not be entitled to claim any. local travelling allowance. However, journeys beyond eight kilometres reimbursement will be made as per the extent Central Government rules.
f) That he will not be eligible to avail of the official transport facility for journeys other than those to and from railway stations, air port or bus stand at the commencement and on return from tours to outstations.
g) The conveyance allowance will be admissible only on proportionate basis where an employee is absent from the headquarter or place of duty on leave tour or temporary transfer or otherwise where the vehicle is not utilised for official purpose owing to the same not being maintained in running condition for a period of 15 days and above inclusive of holidays in any calendar month.
h) The rate of conveyance allowance are as under: m. (i) Those employees who will not opt to draw conveyance allowance will be paid conveyance charges as per the mode of transport to which they are entitled as per clause (a) of sub-rule (2) of rule 26 on actual basis for official business of the Authority.
16: Compensatory City Allowance. All employees shall be paid Compensatory City Allowance with reference to their place of posting in cities, which have been classified on the basis of Government of India's instructions. The rates of this allowance are as under:
17: Newspaper, Magazine Allowance. This allowance shall be payable for the purposes of keeping the officials update with the national or international developments for which they shall be entitled for subscribing to suitable newspapers or magazine and shall be entitled for payment on monthly basis as follows: Designation
18: Washing Allowance. All Group D employees, not falling under 'outsourced services', will be entitled to summer and winter uniforms and a washing allowance of Rs 50 per month.
19: Special Allowance. All confirmed employees transferred and posted in the North East, Andaman and Nicobar Islands, Kashmir Valley shall be entitled to a special duty allowance of 12 1/2 percent of basic pay subject to a maximum of Rs 1000 per month and a special compensatory (Remote locality ) allowance at 15 percent of basic pay subject to a maximum of Rs 1300 per month.
20: Reimbursements. (1) All those on deputation or non deputation service shall be reimbursed for the following according to their admissibility:
(a) Membership/ Subscription Fee for nominated international, national institutions, bodies or societies, which shall be as per the extant policy of the Ministry of Railways.
(b) Residential Telephones :
On need basis with the approval of Vice Chairman.
(2) Authority shall reimburse the following expenses to the officers for discharging of official duties at residence on the basis of utilisation certificate:
a) Electricity Charges/Inverter Charges:
i. all confirmed employees from General Manager and above are entitled to air conditioner and inverter for office at residence.
ii. the vice chairman of the Authority may however, allow this facility to employees upto the level of Deputy General Manager in cases where the work of the Authority require setting up of office at the residence for one month or more.
iii. The following maximum electricity charges may be reimbursed every month on the basis of utilisation certificate : 21: Acquiring additional Qualification. An employee is entitled to one additional increment on acquiring additional qualification where the qualification is of direct benefit to the Authority has been acquired after taking the prior permission of the Authority and from an institution or an autonomous body of repute recognised by the Union or the State Government.
22: Attending office on Holidays and late sitting. (1) A consolidated sum per day shall be payable to confirmed employees as follows: Level D (2) Expenses for late sitting on workdays shall be paid as a consolidated sum to all confirmed employees upon signed entries in the date sitting register of Rs 150 for group A1 to A3 and Rs 100 to other groups. Those availing of this entitlement shall not be entitled any overtime payment .
23: Miscellaneous Entitlements. (1) Brief case or bag shall be admissible to employees as per the following ceilings and shall be entitled for fresh issue after a period of three years: (2) All confirmed employees are eligible to a birthday gift every year. The amount of gift will be limited to Rs 750 per person. Besides a greeting card and sweets worth Rs 250 may also accompany the birthday gift.
24: Leave. All employees shall be entitled to leave, leave encashment and advance against leave salary as per the Central Government rules.
25: Advances. All advances other than those specified under these rules shall be applicable as per the extant Central Government rules and regulations.
26: TA/DA Entitlements on Duty. (1) Air travel shall be entitled as per the law
(a) The entitlement for travel by Rail shall be as per their entitlement in pass rules for the employees who are governed by it.
(b) For employees who are not covered by the Pass rules shall be entitled for travel by rail as per the following: Category of Employee Entitlement (b) Employees using the official car or transport will not be entitled to travel by road expenses.
(c) In case of exigencies, the Vice Chairman can permit travel in higher mode of road transport. (b) Lodging charges for employees on duty involving a night stay shall preferably be at places owned by the Railways, ITDC, Central Government or State Government or Union Territory public sector undertakings or organisations and on non availability of above, accommodation may be availed in hotels, private lodges or inns, subject to the following ceilings and production of payment receipt: (c) The above tariffs and entitlements are subject to review of the Executive Board based on the contemporary demands of the future.
Note:- Any additional allowances or likely entitlement for reimbursements to the employees of the Authority, including revision of rates of the existing allowances or reimbursements from Rule 10 to 26 above, to meet the contemporary requirements in future can be considered and approved by the Executive Board of the Authority.
27: Death and final settlement benefits. Death during service and final settlement benefits on superannuation will be as per the relevant Central Government rules.
28: Foreign Training and assignments. (1) All foreign training, foreign assignments, foreign conferences and seminars in the case of the Vice Chairman and Members shall be approved by the Central Government. (2) In all other cases sanction shall be given by the Vice Chairman after, ensuring that the same would be connected with or beneficial to the work of the Authority.
(3) The daily allowances on foreign training and assignment will be as per extant Central Government Rules.
29: Intellectual Property Rights. All intellectual property rights arising from the work of the Authority shall belong to the Authority as also all trademarks and patents related to such work.
30: Contribution to Technical Periodicals or Journal All contributions to technical journals or periodicals by the officers and staff of the Authority shall contain the Authority's, name and shall have the prior approval of the Vice Chairman. All other writings in newspapers, magazines or participation in programmes on Television or radio shall be governed by the Central Government rules.
31: Transfer Benefits. (1) All employees on deputation service from the Railways on joining the Authority and on repatriation back to the parent department would be entitled to transfer benefits at the rates applicable to them of their parent department and borne by the Authority. (2) All deputationists to the Authority from other than the Railways would be entitled to transfer benefits as per the terms of deputation agreed between the lending organisation and the Authority.
(3) All non deputationists will be allowed a transfer grant when coming from outside Delhi to headquarters or joining office of the Authority at a place other than headquarters.
(4) All employees who are governed by the Railway (Pass) rules shall be entitled to the benefits under these rules in case of being transferred by the Authority from one station to another which require him to shift his family and residence, including the cost of transportation of personal effects and other reimbursements as per the policy of Railway Board.
(5) Other employees, who are not governed by the Railway (Pass) rules on transfer shall be entitled to a composite transfer grant.
32: Composite transfer grant. (1) In case of transfers involving a change of stations located at a distance of 20 Kms or more, Composite Transfer Grant equal to one month's basic pay shall be payable when a change of residence is involved: Provided in case the employee moves his/her personal effects by VPU, the composite transfer grant will be admissible @ 80% of the basic pay if a car is carried in the VPU, and 75 % if no car is carried.
(2) In case of transfer to the places which are at a distance of less than 20 Kms, from the old place of work, the Composite Transfer Grant shall be equal to one third of the Basic Pay.
(3) The daily allowance for the period of journey and Road mileage allowance for self and family between residence and railway station and packing allowance shall not be admissible as these concessions have been subsumed in the Composite Transfer Grant.
(4) Composite transfer grant shall not be admissible in case of transfer on request of the Employees.
(5) Travel entitlements shall be as per the entitlements of travelling on duty subject to the conditions that where the entitlements exceeds 1st AC, reimbursement of fare on transfer shall be restricted to 1st AC only and actual cost of travel by road. Travel in a full taxi is permissible.
(6) For transport of vehicle, the employee shall be entitled to reimbursement of transportation cost of his vehicle (one motor car or motor cycle or scooter or bicycle) as under: (a) If transported by goods train actual cost of packing and freight between two stations.
(b) If transported by passengers train actual freight charges by the Railways.
(c) If transported by road, actual cost or freight admissible, had the vehicle been transported by passenger train, whichever is lower.
(7) Employees on transfer is entitled to claim reimbursement of lodging charges for staying in a hotel as per entitlement of hotel charges on tour till he arranges for an accommodation in the new place of posting subject to limit of 15 days. Reimbursement of claims beyond 15 days shall require sanction by Vice Chairman and reimbursement may be claimed by presentation of supporting bills.
33: LTC for Hometown or any place in India. (1) Employees on deputation service from the Railways and or have been serving the Railways and are covered by the extant Railway Servant (Pass) Rules, shall not be entitled to any LTC from the Authority as they shall continue to be governed under the Railway Servant (Pass) Rules. (2) All other employees, who are not governed by extant Railway Servant (Pass) Rules, will be governed by the extant Central Government LTC rules.
34: Central Government rules to apply till framing of other rules and regulation. The rules and regulations on the subjects of seniority, direct recruitments, promotions, joining time, conduct, discipline and appeal, medical attendance and treatment and other issues shall be framed separately and till such time, these rules and regulations are made, the employees of the Authority shall continue to be governed by the extant rules of the Central Government.