PREM (Participation of Railway Employee in Management)

It was setup in the ministry of Railway in the year 1972 and the Zonal Railways in 1977.
On Indian Railways it is working on three-tier basis.
1. The Railway Board Level (Corporate Enterprise Group of Labour of Management)
2. The Zonal Railway Level
3. The Divisional Railway Level
Object:
* To have better and systematic participation of labour in management with the main objective of improving the efficiency
viability of Railway organization and building the image of Railways as a service organisation
* To proved free flow of exchange of ideas on the running and shaping of Railway organization appraise the investment
programme particularly in regard to housing and welfare activities.
Note: Staff matters could not be discussed unless linked with the overall productivity of the organisation.
1. The Railway Board Level :
Chairman - Chairman Railway Board
Convenor - Secretary Railway Board
Administrative side - Members Railway Board, Advisers & ED’s,
Staff side - Four representatives of NFIR & AIRF each.
Four representatives of federation of Railway officers.
Four representatives of federation of promotee officers association
2. The Zonal Railway Level
Chairman – GM, Convenor - Dy. GM (G)
Administrative side - AGM & PHOD’s
Staff side - Four representatives of NFIR & AIRF each
Four representatives of Railway officers association.
Four representatives of promotee officers association.
3. Divisional Railway Level :
Chairman – DRM, Convenor - Sr. DPO/ DPO, Administrative side - ADRM & Branch Executives
Staff side - Four representatives of NRMU & CRMS each
Four representatives of Railway officers association.
Four representatives of promotee officers association.
Meeting : once in three months at all three levels.
Email ThisBlogThis!Share to TwitterShare to FacebookShare to Pinterest
JCM (JOINT CONSULTATIVE MACHINERY)
OBJECT:-With a view to have harmonious relations between government and its employees in matters of common
concern and with the object of further increasing the efficiency, the government of India have established a machinery
known as the joint consultative machinery.
Subject matter:-JCM may discussed matters relating to conditions of service, welfare of employee and measures to
improve efficiency and standard of work. No individual cases can be discussed in JCM.
JCM works at three-tier basis.
1. National Council 2. Departmental council 3. Regional council
1. National Council :
a) The national council will deal with matters effecting the all central government employees of different departments such
as pay and allowances, minimum wages, weekly hours of rest etc.
b) Chairman: cabinet sectary of government of India.
Administrative side- up to 25 members appointed by the government from different central govt. department.
Staff side: up to 60 members who will be nominated by the federation, recognized trade unions of different central
government department.
Secretary: each side will appoint its own secretary
c) National council may appoint a comity of experts to study at report on any matter falling within its scope.
d) The subject agenda must be circulated one month in advance.
e) Any matter disposed off cannot be placed on agenda during next 12 months.
f) If there are no agreements between the two then the matter is refereed to the Board of Arbitration whose decision would
be final and binding on both the parties, only parliament can change it otherwise it cannot be touched and remains in
operation for a period of three years.
g) It must meet once in six months.
2. Departmental Council :
a) Every revenue earning ministry must have a departmental council
b) It deals with the matter effecting all Railway employees.
c) Chairman : Chairman Railway Board, Administrative side : upto 10 members nominated by the Rly board.
Staff side : upto 60 members nominated by AIRF & NFIR.
d) Subject agenda must be circulated one month in advance and of agenda items may also be put up with the permission
of the chairman
e) It must meet once in 4 month.
3. Regional Council :
It deals with the common problems of the employees of a particular reason. Chairman would be the senior most officer of
that particular reason. Both side will nominate their representatives.
 PNM (Permanent Negotiation Machinery)
It was founded by shri. V.V.Giri in the year 1951 when Shri. Lal Bahadur Shastri was the Rly. Min. of India.
Object:-With a view to maintain the contact with organised labour and to settle differences and disputes arising between
organised labour and Railway administration a machinery has been setup and is called as permanent negotiation
machinery.
PNM was on three-tier basis
1. The Railway level
2. The Railway Board level
3. The Ad-hoc tribunal level
1. The Railway Level:
At Railway level there are further two levels
i) The divisional level/ store depot level/ workshop level
ii) The Zonal Railway level
i) The divisional level/ store depot level/ workshop level :
a) DRM/ Dy. COS/ CWM works as it’s chairman and the Sr. DPO/ DPO/ SPO/ APO works as its sectary.
b) Subject agenda must be circulated one month in advance. Out of agenda items may also be discussed with permission
of chairman and chairman can discussed any item out of agenda.
c) Meeting: once in two month separately with representatives of AIRF & NFIR.
d) Matters discussed which comes within the powers of DRM/ Dy. COS/ CWM.
ii) Zonal Railway Levels:
a) Chairman- GM Secretary - CPO.
b) Subject agenda must be circulated one month in advance. Out of agenda items may also be discussed with permission
of chairman and chairman can discussed any item out of agenda.
c) Meeting: once in three months separately with representatives of AIRF & NFIR.
d) Matters discussed which comes within the powers of GM or which could not be settled at the div. level.
2. The Railway Board Level:
a) Chairman- Member staff
Secretary - Dy. Director Establishment
b) Subject agenda must be circulated one month in advance. Out of agenda items may also be discussed with permission
of chairman and chairman can discussed any item out of agenda
c) Meeting: once in three months separately with representatives of NFIR & AIRF.
d) Matters discussed which comes within the powers of Railway Board or which could not be settled at the Zonal Railway
level.
3. Ad-hoc Tribunal Level:
a) The matter of important nature on which no agreement is reached up to the Railway Board level.
b) Chairman would be retired judge of High court or Supreme court having his own staff, and equal representatives of
labour and administration.
c) The award given by the tribunal is not binding. The government may accept, reject or modify the award of the tribunal.
d) The matter settled by the tribunal or decision of tribunal once accepted by the government shall not be opened by
unions for a period of two years.
e) Where the government reject or modify the decision of the tribunal then the same items may be raised at the end of the
year by the union.

TRADE UNION ACT-1926

A Trade Union is a continuous association of wage earners for the purpose of maintaining and improving the conditions of
workers and their lives. Salient features of the Trade Union Act, 1926 are -
1. This act was passed in 1926 to be implemented from 1.6.27.
2. Any seven or more persons can form an Association and get registration.
3. Registrar can withdraw or cancel the registration of union.
4. Legal protection shall be given to union office bearers against criminal proceedings, but that must be for union working
only.
5. The union may raise separate funds other than subscriptions on purely voluntary basis for promotion of social or
political interest.
6. Unions are to define their aim and objects for its constitution and maintain and get it audited of accounts.
7. Registrar can inspect the accounts and the unions books at any time.
8. If unions indulge in (a) unfair practices; (b) go for irregular strike; (c) submit false statements, the punishment would be
total withdrawal of recognition/registration.
9. If employer (a) interferes in the working of union; (b) influences for against the union; (c) discriminates with any office
bearers of the union; (d) refuses to negotiate or deny privileges to unions, he/she is liable to be fined.
10. Rights and liabilities of trade union and the purpose for which the union fund may be utilised have been defined.
Advantages of Trade Unions
1. A boon for working class.
2. Brings all round improvements in working conditions.
3. Brings industrial peace.
4. Safeguards against the possibility of exploitation of the workers.
Dis-advantages of Trade Unions
1. Workers go on strike on flimsy grounds.
2. Hostile attitude towards improvements and improved method of production.
3. Go Slow policy reduces the national income.
4. Creates artificial scarcity of labour.

FACILITIES TO SC/ST RLY & EMPLOYEES ASSOCIATION

Supply of circulars on Reservation Rules & Establishment or other relevant matters. Maximum two informal meetings in a
year. Two card passes in 1st Class/AC Sleeper to President /General Secretary at Central and Zonal levels. Stay Facilities
as available as per eligibility on payment of usual charges. Allotment of a suitable office accommodation at Board, Zone
and Divisional levels. Special Casual Leave and special passes to not more than 20 office bearers to attend informal
meetings at Divl./Workshop level.

Recognized Unions - Registered under Trade Union Act & recognized by the Government
Facilities to Union – (1) Through PNM (2) Through JCM Govt. as a whole. (3) SBF Membership (4) PREM (5) Staff
Committees at important stations (6) Issue of card passes (7) Special CL for meeting (8) To hold meeting on Railway land
with prior approval (9) Accommodation & telephone on rental basis (10) Space for notice board (11) Supply of copies of
RB’s letters (12) Collection of subscription - 20 yards away from pay counter (13) Bearers cannot be transferred without
two months notice (14) Foreign service contribution towards Pension /PF/Gratuity (15) Protection for holding meeting (16)
Deputation for Union work with protection of promotion.
Transfer of Office Bearers of Recognized Union
If transfer is in the interest of Administration, sufficient two months notice is given. Fact brought to the notice of
DRM/CPO. Any objection by Union, the decision of GM will be final. If transfer is within the same station from one
Administration to another, this procedure/practice be followed. In case of periodical transfer as distinct from transfer to
other special consideration & if GM does not cancel, the order of transfer may be allowed till next election/next 1 year. If
transfer is on promotion, the Union be advised of the proposed transfer & pend till employee wishes to refuse the
promotion. If transfer is at own request/mutual, there is no need to follow this procedure. Intimation is necessary. In case
of following, only advice be sent. i) If Union official involves in a SPE case. ii) If transfer is from one section/department to
another in same office. iii) If involved in gross violation of safety regulations, GM can transfer Union official.
Aim
1) To maintain harmonious relations between Officers & Organized Labours
2) Redressal of grievances of RSs
3) To maintain contact with Organized Labours
4) To solve disputes & differences bet. Organized Labours & Administration.

Railway Board Zonal Divisional

Chairman - MS GM DRM Secretary -

Advisor Staff CPO/IR SR.DPO
Members - 20 20 20
Quarterly Quarterly Once in 2 months

Individual DAR cases are not discussed, however, no hard and fast rule regarding this. Only policy matters are discussed.
Maximum -30 items - 6 Items per branch allowed.

CENTRAL ADMINISTRATIVE TRIBUNAL & COURT CASES WITH SPECIAL REFERENCE TO FILING OF REVIEW
PETITIONS, SLPS
CAT - Established on 1.11.1985 - It is a forum appointed by a statute having powers to adjudicate on the matters falling
within its jurisdiction. Only service matters are entertained after exhausting all departmental remedies.
Chairman - Sitting HC Judge (Judicial), 1 Administrative Member = 2 Members minimum structure
Aim - (1) Expeditious disposal of cases (2) Economical -
Excluded - Armed Forces, SC/HC/Secretariat staff of parliament
Principal Bench at NDLS - MAS SBC BOMBAY GUWAHATI CHANDIGARH JAIPUR JBP COCHIN CCC PATNA ADI
JODHPUR KUTTACK HYB ALD LKO
Action on receipt of application by Admn. -
1) To see limitation
2) To send it to concerned Branch for remarks
3) After receipt of remarks from concerned branch scrutinize it in view of law points/procedural lapse
4) To send it to Rly. Advocate for final draft
5) Attend dates for hearing
6) Send it to RB if SLP is to be filed
Writ Petition in HC - from Nov. 1998 - When CAT judgment is against Rly. Administration, writ petition can be filed in
High Court.
Spl. Leave Petition is filed along with application for stay condonation of delay within a period of 3 months from the date
of judgment of HC where appeal is to be filed in SC against judgment of HC.
Review Petition - When there occurred apparent mistakes in judgment, such petition is not heard in open court but
disposed of by circulation and decision is intimated to the parties. Such petition should be filed within a period of one
month from the date of judgment.
Engagement of advocates - High Courts - Enquiry from Ministry of Law and Justice/Sr. Central Govt. Council/
President of Bar Association/Eminent council practicing in HCs/Advocate General. Separate panels for Senior and Junior
Advocates. Once in 3 years panel be drawn according to workload. 1 ½ times Advocates be recommended to RB for
empanelment Qualification/Age/Experience/Performance of Advocate should be indicated. Zonal Rly. Should forward
recommendation to the Legal Advisor of Board and make appointments out of these panels only.
Appointment of Advocates in Subordinate courts On the basis of independent enquiry Cross check with DM or Sr. Most
Judge or Government Advocate. GM will be the final authority Payment of fees to them.
Appeals in Sub-ordinate Courts and High Courts
Contested cases - Fee payable as per Court Schedule
Cases settled out of Court
1/3 of the fee if settled before argument
2/3 of the fee if settled during argument
Full Fee if settled after hearing of the case is conducted and before judgment is delivered.
Civil Revision Petitions in HCs
Contested cases - Payment shall be fixed by HC subject to Minimum of Rs.500/-
Cases settled out of Court - Same as above
Writ Petitions/Appeals in High Courts
Contested cases - Fee Rs. 350/- for each Writ Petition/Appeal. If Writ Petition/Appeal is heard together in batches, the fee
payable shall be Rs.350/- for the Main Petition/Appeal and Rs.50/- for each of other Petition/Appeal.

DISCIPLINE AND APPEAL RULES - 1968 (w. e. f. 01.10.1968)

DEFINITIONS :
APPLICATION (Rule-3):
These rules shall apply to every railway employee but shall not apply to -
1. Any member of the all India services.
2. Any member of RPF.
3. Any person for whom special provision is made.
4. Any person in casual employment.
The president may by order exclude any class of railway servant.

A. APPOINTING AUTHORITY (Rule-2 (a)):

1. The authority empowered to make appointments to the service of which the railway servant is for time being, a member
to the grade of the service in which the railway servant is for time being included, or
2. The authority empowered to make appointments to the post which the railway servant for the time being holds, or
3. The authority which appointed the railway servant to such service, grade or post as the case may be or
4. Where the railway servant having been a permanent member of any other service or having substantively held any
other permanent post has been in continuous employment under the Ministry of Railway, the authority which appointed
him to that service or to any grade in that service or to the post. Whichever authority is the highest authority.
DISCIPLINARY AUTHORITY Rule- 2 (c)
The authority competent under these rules to impose the penalty as per schedule-I, II & III of D&A Rules as amended from
time to time.
SUSPENSION (Rule-5): S F-1
Suspension means the suspension of official activities of the railway employee. The suspension is not a penalty.
(1). A railway servant may be placed under suspension.
(a) Where a disciplinary proceeding against him is contemplated or is pending, or
(b) Where in the opinion of the authority competent to place a railway servant under suspension, he has engaged himself
in activities prejudicial to the interest of the security of the state, or
(c) Where any criminal offence is under investigation, inquiry or trail.
Deemed to have been place under suspension: SF-2
(a) w. e. f. the date of his detention, if he is detained in custody for a period exceeding forty eight hours.,
(b) w. e. f. the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term of
imprisonment exceeding forty eight hours and is not forth with dismissed, removed or compulsorily retired consequent to
such conviction.
(3). Where a penalty of dismissal, removal or compulsory retirement form service is set aside in appeal or on revision
under these rules and the case is remitted for further inquiry or action or with any other direction. The order of his
suspension shall be deemed to have continued in force from the date of his removal, dismissal or compulsory retirement.
(4). Where a penalty of dismissal, removal, compulsory retirement from service is set aside or declared void by a decision
of a court of law and disciplinary authority decide to hold a further inquiry against him.
The railway employee shall be deemed to have been placed under suspension by the competent authority from the date of
the dismissal, removal or compulsory retirement.
(5) (a) An order of suspension made or deemed to have been made under these rules may at any time be modified or
revoked by the competent authority or higher authority.
(b) Where a Railway servant is suspended or is deemed to have been suspended and any other disciplinary proceeding is
commenced against him during the continuance of that suspension the authority competent to
place him under suspension may, for reasons to be recorded by him in writing, direct that the Railway servant shall
continue to be under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under this rule, may at any time be modified or revoked by
the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
(6) Not withstanding anything contained in sub rule 5, an order of suspension made or deemed to have been made under
sub rule (1) or sub rule (2) of this rule shall not be valid after a period of ninety days unless it is extended after review is
the manner provided in sub rule (7) of this rule, for a further period before expiry of ninety days.
(7) The review of an order of suspension shall be done by the authority which is competent to modify or revoke the
suspension, on the recommendation of the review committee constituted for the purpose, and such competent authority
shall pass order either extending or revoking the suspension before expiry of ninety days from the date of order of
suspension. Subsequent review shall be made before expiry of the extended period of suspension, Extension of suspension
shall not before a period exceeding one hundred and eight days at a time.
Note :
An employee under suspension is not required to attend his work but he cannot leave his HQ Without prior written
permission of the competent authority. His where about must be fully known to the officer Incharge so that any
communication can be made with him, if required. During the period of suspension a directive to employee to attend office
and mark attendance in the office daily during working hrs. is illegal. One should remember that the very purpose of
suspending an employee is to keep him away from the official premises and deprive him of his official powers.

ENTITLEMENTS DURING SUSPENSION

An employee placed under suspension will be entitled for :-
1. Subsistence Allowance
2. Review of subsistence Allowances ( 1st only after 3 months)
3. D.A. on subsistence Allowances
4. Outdoor and indoor medical treatments.
5. Hostel subside/ Education Assistance/ Reimbursement of tuition fees.
6. Half the number of passes/ PTOs in cases of gazetted officers and one in case of non-gazetted in a calendar year. If this
has already been availed of, no further passes/ PTOs should be issued.
7. P.L.B. (Productivity Linked Bonus) payable after revocation of suspension and resumption to duty.
8. T.A. in cases where he has to attend DAR inquiry beyond 8 kms. from his head quarters.
9. A suspended employee can also be considered for confirmation and promotion but will not be promoted during the
period of suspension. In such cases the sealed cover procedure should be resorted to.
10. He can be allowed to leave headquarters at the discretion of the Disciplinary authority subject to the condition he
asked for the same in writing.
11.A suspended employee being a Union Member he can participate in Meetings and stand for election for the office bearer
post.
SUBSISTENCE ALLOWANCE
A subsistence allowance at an amount equal to the leave salary on half average pay on half pay and in addition Dearness
allowances on the basis of such leave salary. The first review is to be conducted after 3 months and then the amount of
SUBSISTENCE allowances may be increased or decreased by an amount not exceeding 50% of the subsistence allowances
admissible during the period of the first 3 months. This is depending upon the discretion of the disciplinary authority
taking into consideration as to whether the suspended employee has been cooperating or not for early finalization of the
case. It is, therefore, obligatory for the competent authority to review each case in which the period of suspension is likely
to exceeds 3 months and specific orders are to be passed placing on record the circumstance under which the decision
had been taken. There is no bar to make further review/ reviews after the first review as such can be made any time after
the first review. The rate of dearness allowances will be based on the revised rate of subsistence allowances.
Compulsory Deductions.
1. House rent and allied charges.
2. Income Tax and Super Tax.
3. Monthly contribution towards group insurance scheme.
4. Station debits, stores debits, etc.
5. Diet charges and fees payable to medical officers on contract system.
6. Excluding P.F. advance, repayment of all other advances and loans availed.
Optional Deductions.
1. Advances from P.F.
2. Railway Institute/ club monthly membership/fees.
3. Dues of Railway co-op. Credit societies and stores.
4. Refund of loans taken from SBF etc.
5. Premium due on L.I.C./ postal life insurance.
6. Railway school fees.
Non deductible:
At no cost should the following deductions be made from the Substance Allowances.
i. Provident fund subscription.
ii. Fines imposed on the Railway servant
iii. Amount due on court attachments.
iv. Penal deductions on account of loss to Government for which the Railway servant is held responsible.
PENALTIES (Rule 6) MINOR PENALTIES:
I. Censure
II. With holding of his promotion for a specified period.
III. Recovery from his payoff the whole or part of any primary loss caused by him to the Govt. or Railway Administration
by negligence or breach or orders.
III(a) With holding of the Privilege Passes or Privilege Ticket orders or both
III(b) Reduction to a lower stage in the time scale of pay by one stage for a period not exceeding three years., without
commutative effect and not adversely affecting his pension.
IV. With holding of increments of pay for a specified period with further directions as to whether on expiry of such period
this will or will not have the effect of postponing the future increments of his pay.

PENALTIES (Rule-6) MAJOR PENALTIES:

V. Reduction to lower stage in the time scale of pay for a specified period with further directions as to whether on the
expiry of such period, the reduction will or will not have the effect of postponing the further increment of his pay.
VI. Reduction to a lower time scale of pay, grade, post or service, with or without further direction regarding conditions of
restoration to the grade or post or service from which he was reduced and his seniority and pay on such restoration to
that grade, post or service.
VII. Compulsory retirement.
VIII. Removal from service.
IX. Dismissal from service-which shall ordinarily be a disqualification for employment under the Government. In case of
collisions of railway train one of the penalties specified in clauses VIII & IX shall be imposed. In case of passing railway
signal at danger one of the penalties specified in clause V to IX shall ordinarily imposed. If no such penalty is to be
imposed, the reasons there of shall be recorded in writing.
PROCEDURE FOR IMPOSING MINOR PENALTIES (Rule-11):
Charge sheet for Minor Penalties. SF-11
1. Charges should be framed against the delinquent employee and communicated to him on prescribed form (Standard
Form No. 11)
2. The charges must be specific and not vague,
3. A statement of allegations should also supply along with the charge sheet.
4. Charge sheet must be acknowledged by D.E.
INSPECTION OF DOCUMENTS
After receiving the charge sheet the delinquent employee may request the disciplinary authority for permission to inspect
and take extracts from the original RUDS documents.
WRITTEN STATEMENT
After having inspected the documents the charged officer should submit his written statement of defence to the
disciplinary authority with in 10 days. The written statement should not contain any thing irrelevant or disrespectful but
must precise and to the point.
CONSIDERATION OF THE WRITTEN STATEMENT OF DEFENCE
After considering the written statement of defence the D.A. may impose minor penalty and if it is proposed to impose
penalty of Reduction in time scale more than one stage below, W.I. of Increment for a period exceeding 3 years, W.I. of
Increment with commutative effect for any period or if the penalty of W.I. is likely to effect adversely the amount of
pension or special contribution to P.F. payable to the employee, an inquiry shall invariably be held. (SF 11-b ) While
communication orders the disciplinary authority should indicate brief reasons (Reasoned Speaking Order) for coming to
the final decision.
PROCEDURE FOR IMPOSING MAJOR PENALTIES (Rule-9):
1. Issue of charge sheet
The disciplinary Authority shall frame definite charges on standard form no. 5 and deliver to the Railway servant , a copy
of article of charges, as statement of allegations. A statement of all relevant facts and list of
documents by which and list of witness by whom the charges are proposed to be proved. While framing the charges name
& designation of delinquent employee station/office, date & time of occurrence and the conduct rule for violation of which
the allegation are made must be specifically mentioned in
the charge sheet.
2. Submission of written statement of defence by the delinquentemployee.
The delinquent employee must submit his written statement of defence within a period of 10 days from the date of receipt
of SF5.
3. Permission to inspect and take note from documents
The Railway Servant shall for the purpose of preparing his defence be permitted to inspect and take note from the
documents as he may specify, but such permission may be denied by the competent Authority on the ground (1) Not
relevant to the case (2) Against the public interest.
In such cases the disciplinary Authority shall record the reason in the written and shall deliver to the delinquent employee
on SF6.
Order of Inquires
On receipt of written statement of defence or where no written statement of defence is submitted by the delinquent
employee if it proposed to inflict any of the major penalty an inquiry has to be ordered by the disciplinary Authority for
providing the charges which are not admitted.
4. Appointment of Inquiry Officer
The disciplinary Authority may itself inquire into the case or may appoint an inquiry officer or a Board of Inquiry. The
appointment of Inquiry Authority is done on SF7. Inquiry Authority must be one grade higher than the delinquent
employee.
6. Appointment of Presenting Officer
The disciplinary Authority may when consider necessary nominate any Railway Servant as presenting officer, to present
the case in support of charges before the Inquiry Authority. The presenting officer is mainly
Appointed in complicated cases where the employees of different departments are involved (common proceeding) or in
serious vigilance cases. Nomination of Presenting Officer is done on SF8.
7. Nomination of Assisting Railway Servant by the delinquent employee.
The delinquent employee is also given the facility to present his case with the Assistance of another Railway Servant
(known as ARE) of the same zonal Railway. ARE may be a Retired Railway employee or an Office bearer of Railway trade
union, but ARE should not be a professional Lawyer,
8. Inquiry
Preliminary Inquiry & Examination in Chief (main Inquiry)
Preliminary Inquiry.
The Inquiry officer should put up the following five questions to the charged employee which should be answered by the
charged employee and not by his defence Council.
Q.1. Have you received charge sheet?
Q.2. Have you received/ inspected document mention in the charge sheet?
Q.3. Have understood the charges framed/ leveled against you?
Q.4. Do you accept the charges leveled against you?
Q.5. Are you prepared to commence with Inquiry?
If the charged employee gives the reply of all the above five questions in affirmation then disciplinary Authority will
proceed for main Inquiry otherwise he will provide the required Assistance to the charged employee
Examination in Chief (main Inquiry)
The Inquiry officer will called witnesses for examination and cross examination one by one. Examination of witness is
done by the Inquiry officer/ presenting officer and after the examination, cross-examination is done by the delinquent
employee or ARE. When the cross-examination is over, if the Inquiry Officer/ presenting officer wants to reexamine the
witness then after reexamination of the witness the delinquent employee / ARE must be given opportunity to re-cross
examine the witness, when the examination and cross examination of all the witnesses is over the delinquent employee
must be asked to produced his defense witnesses. Defense witnesses will be examined by the delinquent employee or his
ARE and cross-examined by the Inquiry Officer/ presenting Officer. During the course of Inquiry all relied upon
documents shall be exhibited. After exhibiting all the relied upon documents the delinquent employee/ ARE should asked
to produced his defense documents if he has any. The Inquiry officer should particularly being to the notice of the charged
employee of the evidence that have gone against the charged employee during the course of Inquiry and whether he has
anything to say against it. At the end of the Inquiry, the Inquiry officer should provide an opportunity to the charged
employee to submit a defense, which may be oral or written. He can also be given a 10 days’ time for submission in case
he wishes to give in writing. On receipt of delinquent employee defense the Inquiry should bear in mind that he has no
Authority to suggest the gravity of offence or penalty to be impose.
9. Submission of Inquiry report and finding
The Inquiry officer will submit his Inquiry report and finding to disciplinary Authority in Two copies.
10. Forwarding of Inquiry report and finding by the disciplinary Authority to the delinquent employee for
submission of his oral/ written final defense. Rule-10
After going through the Inquiry report and findings of Inquiry officer, if the disciplinary Authority wants to imposed any
Minor/Major penalty upon the delinquent employee than he should forward a copy of Inquiry report and finding to the
delinquent employee with a 15 days’ notice to submit his oral/written final defense.
11. Order of disciplinary Authority (speaking order)
On receipt of the final defense of the delinquent employee or where no defense is submitted than the disciplinary authority
should wait for 15 days and after passage of 15 days disciplinary Authority should go through the entire Inquiry report,
findings written defense, if any submitted as after proper application of mind shall pass speaking order for imposition of
penalty, if he wishes to impose any penalty.
Speaking order should contain in brief.
i) The charges laved against the delinquent employee.
ii) The basis on which each and every charge alleged has been proved or not proved.
iii) The reasons which make the disciplinary Authority conclude that imposition.
iv) The particular penalty commensurate date with the gravity of the offence and that meets the ends of Justices.
12. Communication of penalty to the delinquent employee. (Rule12)
The penalty imposed upon the delinquent employee shall be communicated to him on standard form along with a copy of
the speaking order. Employee shall also be advised the period within which the appeal lies and to whom the appeal lies.

APPEALS
ORDERS AGAINST NO APPEAL LIES (Rule-17):
1. Any order made by president.
2. Any order of an interlocutory nature.
3. Any order passed by I.O. in the course of an inquiry.
ORDERS AGAINST WHICH APPEAL LIES (Rule-18) :
1. An order of suspension
2. An order imposing any of the penalties under Rule-6.
3. An order enhancing any penalty.
(a) Denies or varies to his disadvantage his pay, allowance, pension, P.F. benefits & service gratuity.
(b) Interprets to his disadvantage the provision of any such rule or allegation.
4. An order -
(a) Stopping him at the efficiency bar in time scale of pay on the ground of his unfitness to crossbar.
(b) Reversion otherwise then a penalty.
(c) Reducing or with holding the pension.
(d) Reducing or with holding of the government contribution and special contribution to P.F. or gratuity.
(e) Determining the subsistence allowance or other allowances to be paid to him.
(f) Determining his pay and allowances.
(i) For the period of suspension. (ii) For the period from the date of his dismissed, removal or compulsory retirement
from service to the date of his restatement.
(g) Determination of period from the date of his suspension or from the date of his dismissal, removal or compulsory
retirement to the date of his reinstatement shall be treated as a period spent on duty for any purpose.
APPEAL AUTHORITY RULE (Rule-19):
A railway servant including a person who has ceased to be in railway service may prefer an appeal against all or any
orders specified in Rule-18 to the authority specified in schedules.
1. It shall always be the authority next higher above the D.A.
2. Where such lower authority itself become the appellate authority due to it’s promotion, then the appeal shall lie to the
next authority.
3. Subsequent transfer of railway servant will not change the appellate authority.
4. Where the punishment has been enhanced on appeal, appeal shall lie to next higher authority.
5. Higher authority who may have directed suspension is not barred to act as appellate authority.
TIME LIMIT FOR APPEAL (Rule-20):
The appeal should be filled with in 45 days of the delivery of punishment of orders to the railway servants however the
appellate authority may entertain a time barred appeal, if the railway servant can show sufficient reason for delay.
CONTENTS OF APPEAL Rule-21:
The appeal must be addressed to the appropriate appellate authority only. Every person preferring an appeal shall do so
separately and in his own name. It shall contain all material statements and arguments on which the appeal relies, shall
not contain any disrespectful or improper language.
The disciplinary authority shall on receipt of a copy of appeal forward the same with it’s comments thereon together with
the relevant record to the appellate authority without any delay.
CONSIDERATION OF APPEAL (Rule-22):
The A.A. has a right to reject the appeal it does not contain all material statement or not in proper and respectful language
the appellate in such cases may be directed to submit a properly worded appeal for consideration.
1. In the case of an appeal against order of suspension, the A.A. shall consider whether the order of suspension is justified
or not and also under the provision of rule and confirm or revoke the order accordingly.
2. In case of an appeal against the penalty imposed under the said rule the A.A. shall consider.
(a) Whether the procedure laid down in rule has been followed or not.
(b) Whether the finding of the disciplinary authority are warranted by the evidence on the record.
(c) Whether the penalty or the enhanced penalty imposed is adequate /inadequate and pass orders -
Confirming, enhancing, reducing or setting aside the penalty.
If the A.A. proposes to impose the enhanced penalty in one of the penalty specified in clauses V to IX of Rule-6 and an
inquiry under Rule-9 has already been held the A.A. shall make such order after giving an opportunity of making
representation.
If an inquiry under Rule-9 has not already been held in the case, itself hold such inquiry or direct that such inquiry be
held and thereafter on a consideration of the proceeding of such inquiry pass such order as it may deem fit.

IMPLEMENTATION OF ORDER IN APPEAL (Rule-23):

The authority which made the order appealed against shell given effect to he order passé by the A.A.
SPECIAL PROVISION FOR NON GAZETTED STAFF (Rule-24):
1. Where the penalty of dismissal, removal, compulsorily retired, reduction or with holding of increment has been imposed
the appellate authority may at it’s discretion and if it considered it necessary, give the N.G. Railway servant a personal
hearing before disposing of the appeal.
2. A group “C” railway servant who has been dismissed, removed or compulsorily retired from service after his appeal has
been disposed of within 45 days thereafter may apply to the G.M. for revision. In this application he may, if he chooses,
request the G.M. to refer the case to the Railway Rates Tribunal for advice before he disposes of the revision petition.
3. A group “D” railway servant who has been dismissed, removed or compulsorily retired from service after his appeal has
been disposed of within 45 days thereafter may apply to the DRM &where he is not under control of any DRM to the
senior most administrative grade officer under whose control he may be working for a revision of the penalty. The revising
authority shall there after dispose of the revision.
REVISION (Rule-25) :
Revision in disciplinary cases, only Railway Board G.M. & officer not below the rank of Deputy Head of Department or
DRM are empowered to revise any order passed by an authority subordinate to them the revising authority may act as
under-
An action to enhance the penalty shall not been initiated more than 06 months after the date of orders and more than one
year after the date of the orders to be revised in case where it is proposed to reduce or cancel the penalty. Reversionary
power can be exercises both suo-moto or on consideration of a revision petition, however, suo-moto revision can be done
subject to the time limits prescribed in Rules 25 (5).
Appellate authority can also exercise reversionary power when in case no appeal has been preferred in terms of Rule 25 (I)
(IV) However for an appellate authority to exercise reversionary power, this authority has to be of the rank of DRM and
above an authority up to the rank of ADRM can’t exercise reversionary powers if it happens to be the appellate authority
in the case reversionary powers will be exercised by the appellate authority only for conducting suo-moto revision. The
time limits laid down in Rule 25 (5) also apply in cases of revision done by the appellate authorities.
The revising authority has to be higher in rank than the appellate authority where
i. an appeal has been preferred or
ii. Where the time limit prescribed for revision to be made by the Appellate Authority as laid down in Rule 25 (5) or RS
(D&A) Rules has expired. The above stipulation does not apply to the revision made by president.
REVIEW (Rule-25 A):
The president may at any time either is own motion or otherwise review any order passed under these rules-
STANDARD FORMS FOR USE IN DISCIPLINARY PROCEEDING
S.F No. SUBJECT
1. Order of suspension.
2. Order of deemed suspension.
3. Certificate to be furnished by suspended Railway employee.
4. Revocation of suspension.
5. Charge sheet for major penalty.
6. Refusing of permission to inspect the documents.
7. Appointment I.O./Board of Inquiry.
8. Appointment of presenting officer.
9. Deleted
10. Disciplinary action in common proceeding.
10.(a) Appointment of inquiry officer in common proceeding.
10.(b) Appointment of presenting officer in common proceeding Charge sheet for minor penalty.
11. Charge sheet for minor penalty.
11.(b) Charge sheet for initiation of minor penalty in case where inquiry is essential.
11.(c) For making disciplinary action for minor penalty where the charge sheet for major penalty
was initially issued.
12. Memorandum where action is proposed under Rule-14 ( i ).
13. Permission from president for action taking against the retire Rly. Employee.
14. Charge sheet for retired Railway employee.

The Railway Service (Conduct) Rules 1966 (21.03.1966)

The Railway servants are governed by the Railway Service Conduct Rules 1966, which lays down the standard of conduct
expected of every Railway Servants and member of their family.
Rule 3: General
1. Every Railway servants shall at all time
i. Maintain absolute integrity
ii. Maintain devotion to duty and
iii. Do nothing which is unbecoming of a Railway or Railway employee
2. i. Every Railway employee holding a supervisory post shall take all possible steps to ensure the integrity and devotion to
duty of Railway servant who are under this control.
ii. No Railway servant shall in the performance of his official duties or exercise of powers conferred on him act otherwise
than in his best judgement except when he is acting under.
iii. The direction of his official. Superior and shall where he is acting under the such direction, obtain the direction in
writing wherever practicable and where it is not possible he shall obtain confirmation.
3. (A) Promptness and courtesy.
No Railway servant shall
i. In performance of his official duties act in a discourteous manner.
ii. In his official dealing with the public or otherwise adopt dilatory tactics or
will fully cause delays in disposal of the work assigned to him.
3. (B) Observance of Govt’s policies
Every Railway servant shall at all times.
i. act in accordance with the Govt’s policies regarding age of marriage, preservation of environment protection of wildlife
and cultural heritage.
ii. Observe the Govt’s policies regarding prevention of crime against women.
3. (C) Prohibition of Sexual harassment of Working Women
i. No Govt. servant shall involve himself in any activity of sexual harassment of any employee at the work place.
ii. Every Govt. servant holding supervisory post shall take all steps to prevent the commission of such act of sexual
harassment of women.
Explanation:
For this purpose it includes such unwelcome sexually determined behavior, whether directly or by other ways:
(a) Physical contacts and advances
(b) A demand or request for sexual favors
(c) Sexual colored remarks
(d) Showing pornography
(e) Any other unwelcome physical, verbal or non verbal conduct of sexual nature.
Rules 4: Prohibition of Employment of near relatives:
No Railway servant shall use his official position or influence directly or indirectly to secure employment for any member
of his family in any company or firm having official dealing with him.
No Railway servant shall in the discharge of his official duties deals with the matter or give or sanction any contract to any
company or firm or any other person if any member of his family is employed in that company every such type of cases
further shall be sent to his supervisor authority.
Rule 5: Taking part in Politics & Election:
No Railway employee shall be a member of or otherwise be associated with any political party or any other organization. It
shall also be duty of every employee to endeavor to prevent any member of his family to association in any way with such
movement or activity.
Rule 6: Joining of Association or Unions:
No Railway servant shall join or to be member of an association or union the object of which are prejudicial to the interest
of sovereignty, integrity and security of India.
When any staff is promoted to gazatted rank he shall resign the union of non gazetted staff but in case joining such union
is beneficent he may continue with such association provided he satisfies the GM.
Rule 7: Demonstration & Strike:
No Railway servant shall engage himself or participate in any demonstration which is prejudicial to the interest of
sovereignty and integrity of India, the security of the state, friendly relation with foreign state or which involves contempt
of court defamation or incitement of an office.
Rule 8: Connecting with Press or any other Media:
No Railway servant shall except with the prior sanction of the Govt. connected with press, Radio, TV editing a news paper
or publishing a book and other media except in literary, artistic and scientific matter.

Rule 9: Criticism of Government:

No Railway servant shall in any radio broadcast or in any document published his own name or any other name or any
communication to press or any other media make any statement of fact or opinion which has effect of an adverse criticism
of any current policy of Central/State Govt. or embarrassing the relationship between Central and State Govt.
Rule 10: Evidence before any Committee/Authority:
No Railway employee shall except with the previous sanction of Govt. give evidences in connection with any inquiry
conducted by any person, committee or authority or in course of giving such evidence not criticize the policy or any action
of a Stage Govt.
Rule 11: Unauthorized commutation of Information:
Communication of official information - Every Railway servant shall in performance of his duties in good faith,
communication formation to a person in accordance with the right to information Act, 2005 (2) of 2005 and the rules
made there under. (RBE No. 22/06)
Rule 12: Subscription:
No Railway servant shall except with the previous sanction of Govt. ask for or accept contributions to raising of any funds
or other collection in case or in kind in pursuance of any object whatsoever.
Rule 13: Gifts:
No Railway servant shall accept or permit any member of his family or any other person on his behalf to accept any gift.
Accepting lavish hospitality or frequent hospitality from any individual having official dealing with him.
Rule 13 (A): Dowry:
No Railway servant shall give or take or abet the giving or taking of dowry or demand directly or indirectly from the
parents or guardian of a bride or bride groom.
Rule 14: Public demonstration in honor of Public servant :
No Railway employee shall except with the previous sanction of Govt. receive any complimentary or valedictory address or
accept any testimonial or attend any meetings on entertainment held in his honor.
Rule 15: Private Trade & employment :
No Railway employee shall except with the previous sanction of the Govt. engage directly or indirectly in any trade or
business or any other employment.
A Railway employee may undertake any honorary work of a social or charitable nature or occasional work of a literary,
artistic or scientific work.
Rule 15 (A): Subletting & Vacation of Rly. Accommodation:
No Railway servant shall sub let, lease or otherwise allow occupation by any other person of Govt. accommodation which
has been allotted to him. A Railway servant shall after the cancellation of his allotment of Govt. accommodation vacate the
same within the time limit prescribed by the allotting authority.
Rule 16: Investment Lending & borrowing:
No Railway employee shall speculate in any stock share or other investment. No Railway employee shall make or permit
any member of his family or any other person acting on his behalf to make any investment, which is likely to embarrass or
influence him in the discharge of his official duties.
No Railway employee shall have in the ordinary course of business with a bank or public limited company either himself
or through any other person.
i. A. Lend or borrow or deposit money as a principal or an agent to or from or with any person or firm, company with
whom he is likely to have official dealing or otherwise places himself under primary obligation to such person or firm or
private limited company.
B. Railway employee may give or take from a relative or any personal friend a purely temporary loan free of interest.
ii. No Rly. servant involved in the decision making process of fixing of IPO or follow-up public offering of share of a Central
public sector enterprises
Rule 17: Insolvency & Habitual indebtedness :
A Railway servant shall so manage his private affairs as to avoid habitual indebtedness or insolvency. A Railway servant
against whom any legal proceeding is initiated for the recovery of any debt due from him or for adjudging him as an
insolvent shall forth with report the full fact of the legal proceeding to Govt.
Rule 18: Movable & Immovable Property :
Every Railway employee shall on his first appointment submit a return of his assets and liabilities in prescribed form.
i. Group A and Group B officers shall submit an annual return in such form. Supervisory staff who are working in PB-2
Rs.9300-34800 with GP 4600/- will also now have to submit annual return of their immovable property
ii. Commercial staff in all grades should besides submitting a property return at the time of their every promotion.
iii. Where a Railway employee enter into a transaction of moveable property either in his name or any other member of his
family, shall submit the report within one month from the date of such transaction, if the value of such property exceeds
two months basic pay.
As concern to receipt of gift by member of family of Rly. Servant in the form of Stridhan, Gifts, inheritance etc, Rly.
Servant is not required to give provision knowledge or seek prior permission subject to provision of clause 13 of the said
rule.
iv. No Railway servant shall except with the previous knowledge of the Govt. acquire or dispose of any immovable property
by lease, mortgage, purchase, sale, gift either in his own name or in the name of any member of his family, if the
transaction is through reputed firm.
v. Otherwise previous permission of Govt. is required.
vi. A Railway employee can purchase share and debenture, security bond, mutual fund. Employee shall submit the report
within one month from the date of such transaction, if the value of such property exceeds two months basic pay.
Rule 18 (A): Movable & Immovable Property outside India :
Prior sanction is required to purchase or sale of immovable property, outside India or with foreigners.
Rule 19: Vindication of Acts & Character of Govt. servants :
No Railway servant shall except with the prior sanction of Govt. have recourse to any courts or to the press for vindication
of any official act which has been subject matter of adverse criticism or an attack of defamatory character.
Rule 20: Canvassing of non-officials or other influence :
No Railway servant shall bring or attempt to bring any political or other influence to bear upon any superior authority to
further his interests in respect of matter pertaining to his service under the Govt.
Rule 21: Restriction regarding Marriage:
No Railway employee shall enter into, or contract a marriage with a person having spouse living and having a living
spouse shall enter into or contract a marriage with any person, In other words it means that no Railway servant who has
a wife/husband shall contract another marriage without first obtaining the sanction of Govt.
- A Railway servant who has married or marriage a person other than of India shall forthwith intimate the fact to Govt.
- Govt. may permit a railway servant to enter into or contract any such marriage is permissible under the personal law
and there are other grounds for so doing.
Rule 22: Consumption of Intoxicating drinks & drugs :
A Railway servant shall strictly abide by the law relating to intoxicating drinks or drug in force in any area in which he
may happen to be for time being.
- A Railway servant shall not be under the influence of any intoxication drink or drug during the course of his duties and
shall also take due care that the performance of his duties at any time is not affected in any way be the influence of such
drink or drug.
- A Railway servant if he belongs to the running category (both Loco and Traffic) or is directly connected with train passing
duty have taken or used any intoxicating drink/drug within eight hours of the commencement of duty or take such drinks
or drug during the course of duty.
Rule 22 (A): Child Labour employment :
No Railway servant shall employ to work a child below the age of 14 years.
Rule 23: Interpretation
If any question arises relating to the interpretation of these rules, it shall be referred to the Government whose decision
thereon shall be final.
Rule 24; Delegation of powers
The Government may, by general or special order, direct that any power exercisable by it or any Head of Deptt. Under
these rules ( except the powers under Rules 23 and this Rule) shall, subject to such conditions, if any, as may be
specified in the order, be exercisable also by such officer or authority as may be specified in the order.
Rule 25: Repeal and Saving:-Any rules corresponding to these rules in force immediately before the commencement of
these rules and applicable to the Government servant to whom these rules apply, are hereby repealed -
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken
under the corresponding provision of these rules.
Provided further that such repeal shall not affect the previous operation of the rules so repealed and a contravention of
any of the said rules shall be punishable as if it were a contravention to these rules.
Rule 26: Obligation to abide by all administrative instructions:- Notwithstanding anything contained in these rules, a
railway servant shall be governed by all the administrative instruction that may be issued from time in regard to the
conduct of railway servants.

INDUSTRIAL DISPUTE ACT 1947( 01.04.1947 )

Introduction:
This act is based on the principle of social security and justice. It came into force on the first day of April, 1947 and is
called as “Industrial Dispute Act 1947”.
Aims & Objects:
This act aims making provisions for the investigation & settlements of industrial disputes.
Applicability:
This act extends to whole of the India
SOME IMPORTANT DEFINITIONS:
1. Industrial Dispute:
Industrial Dispute means any dispute or difference between employees and employers or between employers and
workmen or between workmen and workmen, which is connected with the employment or non employment or the terms of
employment or with the conditions of labour, of any person.
2. Industry:
Industry means any systematic activity carried on by co-operation between employer and his workman for the production,
supply or distribution of goods or services with a view to satisfy human wants.
3. Lay Off:
Lay off means the failure, refusal or inability of an employer on account of shortage of coal, power or raw material or the
accumulation of stock or the breakdown of machinery or natural calamity or for any other connected reason to give
employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been
retrenched.
4. Lock Out:
Lock out means the temporary closing of a place of employment or the suspension or work, or the refusal by an employer
to continue to employ any number of persons employed by him.
5. Strike:
Strike means cessation of work by a body of persons employed in any industry acting combination, or a concerted refusal,
or a refusal under a common understanding of any number of persons who are or have been so employed to continue to
work or to accept employment.
6. Public Utility: (Sec.2)
Public utility service means any Railway service or any transport service for the carriage of passenger or goods by air. Any
section of industrial establishment on the working on the safety of the establishment of workman employed there in
depends. Any postal, telegraph or telephone service. Precedent can declare any industry as public utility service in
emergency.
Main Provision:
SETTLEMENT MACHINERY/AUTHORITIES UNDER I.D.ACT
1. Works Committee: Where more than 100 workers are employed in any industrial establishment, the works committee
is formed of equal no. of representatives of workman and employer to promote good Industrial between workmen &
employee
2. Conciliation Officer:
The appropriate Govt. may by notification in the official gazette, appoint such number of persons as it thinks fit, to be
conciliation officer, for mediating in & promoting settlement.
3. Boards of Conciliation:
Appointed by the appropriate govt. with a chairman and two or four members for promoting settlement of the dispute.
4. Court of enquiry:
The court of enquiry is constituted by the appropriate Govt. which consists of Chairman with one or more member to
enquire into any matter appearing to be connected with or relevant to an industrial dispute.
5. Labour courts:
One or more labour courts may be constituted by the appropriate Govt.for adjudication of industrial disputes, shall
consist of one person known as Presiding Officer.
6. Tribunal:
The appropriate Govt. may constitute one or more Tribunals for adjudication of industrial disputes in accordance with the
provisions of this act.
7. National Tribunals:
This will be constituted by the central government for the adjudication of the industrial dispute which involves questions
of National importance & shall consist one person only, the Govt. may appoint 02 persons as assessor to advice the
Tribunal in the proceedings before it, if think fit so..
PROCEDURE SHOULD BE FOLLOWED TO DECLARE STRIKE & LOCK OUT:
Strike and lock out shall be illegal if it is declared or commenced in contravention of section 22 and 23 of this act i.e.
1. Without giving six weeks notice before commencing strike.
2. Before 14 days of given such notice.
3. Before the expire of the date specified in such notice.
4. During the pendency of any conciliation proceedings before conciliation officer and 07 days after the conclusion of such
proceedings.
5. During the pendency or proceedings before a tribunal or national tribunal and 02 months after the conclusion of such
proceedings.
6. During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such
proceeding, where a notification has been issued.
7. During any period in which a settlement or award is in operation in respect of any of the matter covered by the
settlement or award.
Procedure for layoff:
Whenever a workman whose name is born on muster roll of an industrial establishment & who has completed not less
than 1 year of continues service is laid off whether continuously or intermittently he shall be paid for all days during
which he is laid off except for such weekly holidays, compassion which shall be equal to 50 % of total basic wages & D A
that would have been payable to him had he not been laid off.
RETRENCHMENT:
Retrenchment means the termination by the employer of the service of workmen for any reason whatsoever otherwise than as a
punishment inflicted by way of disciplinary action but does not include. :
1. Voluntary retirement
2. Retirement on reaching the age of superannuation.
3. Termination of service of workmen as a result of non renewal of the contract.
4. Termination of service of workmen on the ground of continued ill-health.
Procedure for Retrenchment:
No workman employed in any industrial establishment who has work continuously for not less than 1 year shall be
retrenched until the workman has given three months notice indicating reasons for retrenchment. On the principle of last
man should go first & after obtaining prior permission of appropriate government.
Penalties:
For illegal strike - Imprisonment up to 01 month & fine up to Rs 1000/- or both
For Illegal Lockout - Imprisonment up to 01 month & fine up to Rs 1000/- or both.
Lay off/ Retrenchment- Without prior permission/ notice - Imprisonment up to 01 month or fine of Rs. 1000/- or both.

EMPLOYEE’S COMPENSATION ACT 1923 (01.07.1927)

Introduction
This Act is called as employee’s compensation Act 1923. The bill was passed by the legislature which received the Royal
assent & It came into force on the First Day of July, 1924 and it has been amended in the year 1995. It extends to the
whole of India.
Aims & Object:
Under this Act, an employer is liable to pay compensation to the employees working under him subject to he following
conditions. :
1. If personal injury is caused to a workmen.
2. This injury should be by accident.
3. The accident should be arisen out of and in the course of employment.
4. The injury results death of workmen or any type of disablement of workmen.
Applicability:
So- far as Railways are concerned this act applies to all such workers who are connected with the operations and
maintenance of vehicular traffic or a movement of vehicular traffic for detail schedule no. 1 may be referred.
The following employees are not coming under the provision of this act.
1. Persons in Workshop governed by Factories Act.
2. Apprentices not governed by apprentices Act, 1961.
3. Persons employed in the Armed forces.
4. The worker who is not connected with the tread of business of the employer.

Section (3): The employer shall not be liable to pay compensation to employees in the following cases.
1. In respect of any injury which does not result in the total or partial disablement of the workmen for a period of three
days.
2. In respect of any injury, not resulting in death, permanent total disablement caused by an accident which is directly
attributable to.:
(a) the workmen having been at the time thereof under the influence of drink or drugs, or
(b) the willful disobedience of the workmen to an order expressly given, or to a rule expressly framed, for the purpose of
securing the safety of workmen, or
(c) the willful removal or disregard by the workmen of any safety guard or other device which he knew to have been
provided for the purpose of securing the safety of workmen.
Provisions :
Under the act the following Schedule exists as concern to payment of Compensation, List of workmen etc, which is as
below.
A) Schedule-I : List of Injuries & % of Loss
B) Schedule-II : List of persons defined as Workmen
C) Schedule-III : List of Occupational Diseases
D) Schedule-IV : Relevant Factor
KIND OF INJURY
For the purpose of compensation under the Workmen’s Compensation act, the injury has been divided into four
categories.
1. Death
2. Permanent total disablement
3. Permanent partial disablement
4. Temporary disablement, it may be total or partial disablement.
Obligation:
AMOUNT OF COMPENSATION (Sec.4 )
The amount of compensation under this Act shall be as follows.
1. Where Death results from the injury:
An amount of average pay (max Rs. 8000) multiplied by 50 and multiplied by age factor divided by 100 or Rs. 120000/-
which every is more.
2. Where permanent total disablement results from the injury:
An amount at average pay (max Rs. 8000) multiplied by 60 and multiplied by age factor divided by 100 or Rs. 140000/-
whichever is more.
3. Where permanent partial disablement results from the injury:
(a) in the case of an injury specified in Part-II of Schedule-I, such percentage of the compensation which would have been
payable in the case of permanent total disablement as specified therein as being the percentage of the lose of earning
capacity caused by that injury, and
(b) in the case of injury not specified in Schedule-I, such percentage percent of compensation payable in the case of
permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical
practitioner) permanently caused by the injury.
Payment of Wages:
4. Where temporary disablement, where total or partial results from the injury :
A half monthly payment of the sum equivalent to twenty five percent of monthly wages of the workman to be paid in
accordance with provisions of this Act.
DUTY OF SUPERVISOR IN CASE OF INJURY
The following are the duties of supervisor in case of injury caused to a workman by accident arising out of and in the
course of employment.
1. He should immediately render first Aid and call doctors.
2. Give massage to all concerned with in 48 hours.
3. He should take two eye witnesses/statements where possible.
4. He should prepare accident report including small diagram.
5. He should take down the particulars of leave taken during last 12 months.
6. He should get medical report of injured workmen.
7. He should make findings of inquiry.
COMPENSATION TO BE PAID WHEN DUE & PENALTY FOR DEFAULT
Under this Act, compensation shall be paid as soon as it falls due. In case where the employer does not accept the liability
for compensation to the extant claimed, he shall be bound to make provisional payment based on the event of the
liabilities which he accepts and such payment shall be deposited with the commissioner or made to the workman, as the
case may be, without prejudice to right of the workman to make any further claim. For non submission of papers to the
commissioner’s office within the month or for violation of any of the provisions, employer may be fined a sum upto
Rs.5000/-
Where any employer is in fault in paying the compensation due under this Act within one month from the date it fell due.
The commissioner may direct that in addition to the amount of the arrears, simple interest at the rate of 12% per annum
on the amount due together. If in the opinion of the commissioner there is no justification for the delay, a further sum not
exceeding 50% of such amount, shall be recovered from the employer by was of penalty.
SCHEDULE
Under the Workmen’s Compensation Act, there are four schedules as appended below:
SCHEDULE-I
This schedule indicates the percentage of loss of earning capacity and accordingly payment of compensation is arranged
on production of certificate of doctors.
SCHEDULE-II
Under this schedule, a list has been mentioned. Under this list details of persons have been given who are included in the
category of “workmen” and entitled for payment of compensation under this Act.
SCHEDULE-III
Under this schedule, occupational diseases have been shown.
SCHEDULE-IV
Under this schedule IV, details regarding factors for working out lump sum equivalent of compensation amount in case of
permanent disablement and death have been given.
Payment of compensation shall be made through Workmen’s Compensation Commissioner. Under this Act, Workmen’s
Compensation Commissioner is appointed by the State Govt. though notification in the official Gazette. The State Govt.
may appoint more than one Commissioner for any area. Every Commissioner shall be deemed to be a public servant
within the meaning of theIndian Panel Code.
Appeal - The appeal against the decision of Workmen’s Compensation Commissioner shall lies with High Court. (18)
 The Minimum Wages Act 1948 (15.03.1948)
Introduction
The Act is called Minimum Wages Act 1948 came into force from 15.03.1948 & amended in 1961. It extends to whole of
India except J&K.
Aims and Objects.
This act aims at
i) Fixing the minimum wages in certain employments where wages are low in order to prevent exploitation of un-organised
labour,.
ii) Payment of wages without any unauthorized deduction.
iii) Periodical review of the rates of minimum wages & establishment of machinery for proper implementation &
enforcement of the act.
iv) Procedure for regulating hours of work & payment of wages including overtime.
Applicability:
So far as Railway are concerned this act applies to the following:
i) Labor working under IOWs, engaged in Road Construction, Building Operation, Maintenance of buildings.
ii) Labor engaged in stone crushing or breaking.
iii) Labor engaged in loading & unloading operation in goods shed & godowns etc.
iv) Casual labors employed on permanent way are also governed by this act.
Obligation:
The act holds Employer in charge as responsible for payment of wage to person employed under him & also to make the
following provisions:
i) Fixing of wage period, which should not exceed 01 month.
ii) Wages to be paid in working day within 07 days/10 days if less than/more than 1000 persons are employed.
iii) Discharge wage to be paid not later than 2nd working day.
Provisions:
The rates of minimum wages are fixed by the Ministry of Labor and are subjected to review from time to time but not
exceeding five years.
The rates are fixed according to the cities which are grouped & distributed in respective zones. Over- time will be paid for
extra work done by the worker.
Minimum Wage Fixation: There exists 05 zones viz A,B-1, B-2, C, D& all the cities are grouped thereafter. If the rates
appear to be less than the prevailing rates at neighborhood. DRM & GM’s are empowered to sanction daily rates by 20% &
33 1/2 % respectively over the rates notified by Ministry of Labour. The rates will be fixed taking into account the cost of
living index and cash value of the concessions in respect of supplies of essential commodities to the worker. Wages will
include all remuneration capable of being expressed in terms of money, except house rent allowance, gratuity etc.

Working Hours:
Per Day work - Max 09 hrs.
Shift - Maximum 12 hrs.
Continuous work- Max 5 hrs.
Weekly Work- Max 48 hrs.
Rest- On continuous 6 days working 7th day shall be paid rest normally on Sunday but the employer can fix any day of
the week.
Penalties:
For violation of any of the provision of this act employer shall be punishable with fine of Rs. 500/- or & simple
imprisonment upto 6 months.

PAYMENT OF WAGES ACT 1936 (28/03/1937)

Introduction:
The Payment of Wages Act 1936 was enacted on the recommendation of Whitley committee & came into force from
28.3.1937 & latest amended in the year 2005
Aim & Objects: -
1. To secure prompt and regular payment of wages.
2. To prevent unauthorized deduction.
3. To fix up the wage period.
Applicability:
The act extends to whole if India including J&K
This act applies to all Establishment, which engage 20 or more workers.
This act also applies to all workers whose monthly emolument do not exceed Rs.6500/- (RBE No: 216/2005) (Basic + all
allowances expect TA)
Main provisions:
The wage period is fixed to the extent of one month. In Railway the following wage periods are prescribed.
Calendar month i.e. from date of month to last date of month.
In practice, the pay sheets are prepared on the basis of two types of attendance
(a) Actual attendance (b) assume attendance.
Assumed attendance should not exceed 21 days.
Obligation:
For full fulfillment of the objective, following provisions are to be made by the employer.
1) If the number of workers in as establishment is less than 1000, their wages should be paid within 7 days from expiry of
wage period. And if the number of workers is 1000 or more within 10 days on expire of wage period.
2) In case of casual labour, discharge from Rly. service his wages should be paid within 02 days excluding Sundays &
Holidays.
3) Payment should be arranged on working day only.
Payment should be arranged only in Bank payment mode on his written request.
The deductions are classified into following three types: -
(a) Compulsory deduction: - P.F., Income Tax, NGIS, Prof. Tax, court attachment, overdrawn wages, A/Cs , Audit debits,
store debits. Etc.
(b) Voluntary deduction. - VPF, M.D. of LIC Premium, etc.
(c) Obligatory deduction. - House Rent, Elect. Charges, Diet charges, Inst. Fees, repayment of loans and advances etc.
Normally all deductions put together, could not exceed 50% of total emoluments which may be further extended up to
max. 75% in case of deduction of co-op society involved.
Machinery for redresses of Grievances:
The following machinery is available for this purpose.
1. Head quarter staff will approach to Sr. Personal officer.
2. Divisional staff- Divisional Personal Officers.
3. Workshop staff works Manager/ Dy. Chief mechanical Engineer.
If there is no response from the above authority, employee may approach to LEO and if however there is no response from
LEO employee may approach to Labour Court.
Notices:
The employer for information of purpose in premises should exhibit following information on notice board. (In Hindi or In English & regional
language).
1. Wage period.
2. Date & Time of appointment.
3. Name & Residential address of LEO
4. Main aspect of this Act.
Penalties:
For violation of any of the provision of this act, employee may be fined with a sum of Rs.1500/- which may extend upto
Rs. 7500/- for first time and Rs.3750/- to Rs.22500/- or and six month’s simple imprison made for II nd and subsequent
time.
For unauthorized deduction with the intention of financial harassment, the employer may be fined a sum equal to 10
times of the amount of unauthorized deduction.
FACTORY ACT 1948 (23rd September 1948)
Introduction:
Factory Act has given effect from 01.01.1949. It regulates the various obligations that an “Occupier” has to fulfill in
connection with Health, Welfare, safety, Hours of employment, Leave, O.T., Rest etc.
Applicability:
This Act applies to all Railway Workshops & Production Units but does not extended to Loco Sheds & C&W Depots.
Aims & Object :
To protect workers subject to unduly long hours of bodily strain as well as to make provisions regarding
1.welfare
2.safety
3.health
4.working hours
5.payment of overtime etc

Definition:
FACTORY : Factory means any premises -
1. Where ten or more workers are working, or were working on any day of the preceding twelve months and in any part of
which a manufacturing process is being carried on with the aid of power., or
2. When twenty or more workers are working or were working on any day of preceding twelve months and in any part of
which a manufacturing process is being carried on without the aid of power.

MANUFACTURING PROCESS : Means any process for Making, Altering, Repairing, Ornamenting, Finishing, Packing,
Ceiling, Washing, Cleaning, Breaking up or Adopting any article or substance with a view to its use, role, transport,
delivery or disposal, or
1. Pumping oil, water, sewage or any other substance, or
2. Generating, transforming or transmitting power.

OCCUPIER: Occupier of a factory means the person who has ultimate control over the affairs of factory. Every occupier
shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the
factory.
Main Provisions:
HEALTH:
1. Every factory shall be kept clean and the floors of every workroom shall be cleaned at least once in every week.
2. All inside walls and partitions, all ceilings of rooms, sides and tops of passages and staircases shall be repainted or
revarnished at least once in every period of five years and in other cases, be kept whitewashed, or color - washed at least
once in every period of fourteen months.
3. All doors and windows shall be kept painted at least once in every period of five years.
II. VENTILATION & TEMPERATURE:
Effective and suitable provision shall be made in every factory for adequate ventilations and temperature.
III. DUST & FUME: Section 14
In every factory effective measures shall be taken to prevent accumulation of dust and fume in any workroom and
necessary exhaust appliances shall be applied.
IV. ARTIFICIAL, HUMIDIFICATION: Section 15
In respect of all factories in which the humidity of the air is artificially increased, the water used for the purpose shall be
taken from a public supply or other source of drinking water.
V. OVER CROWDING: Section 16
No room in any factory shall be overcrowded to an extent injurious to the health of the workers and there shall be in every
workroom of a factory in existence of the date of commencement of this act at least 9.9 cubic meters and of factory built
after the commencement of this act at least 14.2 cubic meters of space for every worker employees therein.
VI. LIGHTING: Section 17
In every part of a factory where worker are working or passing, there shall be provided and maintained sufficient and
suitable lighting, natural or artificial, or both.
VII. DRINKING WATER: Section 18
In every factory effective arrangements shall be made to provide at suitable points a sufficient supply of drinking water. All
such points shall be legible marked “Drinking water” in a language understood by a majority of the workers and no such
point shall be situated within six meters of any Washing place, urinal etc. and where more than two hundred and fifty
workers are ordinarily Employed, provision shall be made for cool drinking water during hot weather.
VIII. LATRINES & URINALS: Section 19
In every factory sufficient latrine and urinals accommodation, separately for male and female, shall be provided
conveniently situated and accessible to workers. All such accommodation shall be adequately lighted, ventilated and be
maintained in a clean and sanitary condition at all time.
IX. SPITTOONS: Section 20
In every factory there shall be provided a sufficient number of spittoons in convenient places.
SAFETY
I. FENCING OF MACHINERY: Section 21
In every factory every moving part of a prime mover, every fly wheel connected toa prime mover and every dangerous part
of any machinery shall be securely fenced by safeguards.
II. WORK ON OR NEAR MACHINERY IN MOTION: Section 22 & 23
While the machinery is in motion, operations shall be made or carried out only by a specially trained adult male worker
wearing tight fitted clothing and no woman worker or young person shall be allowed on such machines.
III. STRIKING GEAR & DEVICES FOR CUTTING OF POWER: Section 24
In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided in every
workroom.
IV. PROHIBITION OF EMPLOYMENT OF WOMEN & CHILDREN NEAR COTTON OPENER: Section 27
No women or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work.
V. HOISTS & LIFTS: Section 28
Every hoist and life shall be of good mechanical construction, properly maintained and shall be thoroughly examined by a
competent person at least once in every period of six months.
VI. LIFTING MACHINES, CHAINS, ROPES & LIFTING TACKLES: Section 29
All parts, including working gear of every lifting machine and every chain, rope shall be of good construction, properly
maintained and thoroughly examined by a competent person at least once in every period of twelve months.
VII. PRESSURE PLANT: Section 31
If any factory is operated at a pressure above atmosphere pressure, effective measures shall be taken to ensure that the
safe working pressure of such plant is not exceeded.
VIII. FLOORS, STAIRS & MEANS OF ACCESS:
In every factory all floors, steps, stairs, passages and gangways shall be sound construction, properly maintained and
shall be kept free from obstructions and substance likely to cause persons slip.
IX. EXCESSIVE WEIGHT: Section 34
No person shall be employed in any factory to life, carry or more and load so heavy as to likely to cause him injury.
X. PROTECTION OF EYES: Section 35
Goggles shall be provided for the protection of persons employed in respect of any such manufacturing process carried on
risk to the eyes by reason of exposure to excessive light as fragments thrown off.
Section 38: In every factory all practicable measures shall be taken to prevent outbreak of fire and spread, both internally
and externally.
Effective measures shall be taken to ensure that in every factory all the workers are familiar with means of escape in case
of fire and have been adequately trained in the routine to be followed in such cases.
WELFARE
I. WASHING FACILITIES: Section 42
In every factory adequate and suitable facilities for washing, separately for male and female workers, shall be provided
and maintained for the use of the worker therein.
II. FACILITIES FOR STORING & DRYING CLOTHS: Section 43
Suitable places should be provided for keeping clothing not worn during working hrs. and for the drying of wet clothing.
III. FACILITIES FOR SITTING: Section 44
In every factory suitable arrangements for sitting shall be provided for all workers obliged to work in a standing position,
in order that they may take advantage of any opportunities for rest.
IV. FIRST-AID & APPLIANCES: Section 45
There shall in every factory be provided first aid boxes. The number of such boxes shall not be less than one for every one
hundred and fifty workers and where more than five hundred workers are employed there shall be provided an ambulance
room containing the prescribed equipment and medical and nursing staff.
V. CANTEENS: Section 46
Factory wherein more than two hundred and fifty workers are employed, a canteen shall be provided by the occupiers for
the use of workers.
VI. SHELTERS, REST ROOMS & LUNCH ROOMS: Section 47
In every factory wherein more than 150 workers are employed, adequate and suitable shelters or rest rooms and a
suitable lunch room with provision for drinking water where worker can eat meals brought by them, shall be provided for
the use of the workers.
VII. CRECHES: Section 48
In every factory wherein more than 30 women workers are ordinarily employed there shall be provided suitable room or
rooms for the use of children under the age of six yrs. Of such women. The crèches shall be made under the charge of
women trained in the care of children.
VIII. WELFARE OFFICER: Section 49
In every factory wherein 500 or more workers are employed the occupiers shall employee in the factory such number of
welfare officer as may be prescribed.

HOER EMPLOYMENT & REGULATION-1931

1. Hours of employment & regulation: Chapter VI-A of the I.R. Act. 1890 amended time to time, The Rly. servant (Hours of
employment) Rule 1931 made there under and the subsidiary instruction commonly referred to as Hours of Employment
Regulation. Amended in the year 1961 on the report submitted by Justice G.S.Rajdhyaksha ICS, Adjudicator, and later
Shri. N.M.Miyabhoy, Retd. Chief Justice High Court Gujarat was appointed as Chairman of R.L.T 1969 & the
recommendation was implemented from 1.08.1974 Latest Amended in the year 2005 as Hours of work & Period of Rest -
2005
Definition
2. Hours of Employment: Time during which an employee is roistered for duty. It also included period if in-action but
does not included interval and time taken by an employee in going to and coming from his residence or vice versa.
3. Duty Roster: It is a document which above the duration of hours of employment and period of rest of the employee.
4. Periodic Rest: The rest which is granted to Rly. servant each week periodically. It does not include permission to leave
head quarter station.
5. Interval/Split shift: Period between two or more spells of duty during which an employee is free to leave his
post/place of work.
6. Period of inaction: Period of time during which the employee must remain present on duty at the place of work
although not exercising physical activity or sustained attention.
7. Long on: Period of duty over 8 hrs. in the case of “Intensive” workers, over 10 hrs. in the case of continuous workers
and over 12 hrs. in the case of “Essentially Intermittent” workers.
8. Short off: Period of rest which is less than 12 hrs. in a Roster of 6 hrs. duty, less than 14 hrs. in a mixed roster of 6
hrs & 8 hrs. duty in case of “Intensive” workers, less than 10 hrs. in case of “Continuous” worker and less than 8 hrs. in
case of “E.I.” workers. [RB No. E (Adj) 48 (HER) 6, dated 09.04.51]
9. Full night in bed: A person will be said to have had a full night in bed, if he has get a continuous rest of 8 hrs.
Between 10 PM to 6 AM (22 hrs. 6 hrs.). Any part of roster hrs. of duty which falls between the hrs. of 10 pm to 6 am,
shall be treated as night duty. [RB No. E (Adj) 48 (HER) 6, dated 23.06.49]
10. Preparatory & Complementary Work: Preparatory and / or complementary work which include taking out &
handing over charges, the work which is to be carried on out side the limit laid down for the general working of a shift.
This concept may be even in case of single shift workers where there may be no handing over or taking over. If period of
P&C less than 15 minutes per day may not be mentioned in the Roster of such workers, if between 45 minutes & one
hour per day be considered as one
hour as period of duty.
11. Sustained Attention: The terms mean mental efforts.

CLASSIFICATION:
All Rly. Servant governed by the HOER are classified under any one of the following heads. :-
( i ) Continues( ii ) Intensive ( iii ) Essentially Intermittent ( iv ) Excluded
Remark : Essential intimated workers not provided with Railway Qtrs. Within 0.5km.from place of work have to
work 10 hours a day or 60 hours a week
Payment of overtime:
For extra hours work overtime @ 1 ½ times of the ordinary wages per hour above roster hours up to statutory limits and 2
times of the ordinary wages per hour beyond statutory limit.
No hrs. of work prescribed for Excluded worker but shall be granted a rest of not less than 48 consecutive hrs. each
month or a rest not less than 24 consecutive hrs. each for night.
SPECIAL INSTRUCTION REGARDING RUNNING/TRAVELLING STAFF
The hrs. of work of Loco & Traffic running staff should be calculated from “signing on” to “signing Off” for the purpose
departure of calculating total hrs. of work for Over Time Payment.
BASES OF REST:
Rest for running staff is based on total duty performed which should be reckoned from “signing on” to “signing off”
At Head Quarter -
For duty of less than 8 hrs. 12 hrs.
For duty of 8 hrs. or more 16 hrs.
If out station -
For duty of less than 8 hrs. 06 hrs.
For duty of 8 hrs. or more 08 hrs.
For duty of less than 5 hrs. Equivalent to the hrs. of duty performed plus one hrs.

If any staff employed on duties at Hd. Qrs. Such as shunting operation, sub urban train, Ballast train have fixed roster
hrs. will not be eligible to the liberalized Hd. Qrs. rest.
Duty at a stretch: The duty hrs. at a stretch of the running staff from the time of “signing on” to “signing off” should be
restricted to 10 hrs. The staff will not claim relive within 10 hrs. of there duty at a stretch which running, In exceptional
Circumstances duty at a stretched can be of 12 hrs. but relief is to be provided after 12 hrs. Running staff should not
normally be away from head quarters for more than three days at a stretch.
Ceiling limit of a trip: The ceiling limit of a trip should be kept within 14 hrs. including the time of “Signing on” &
“Signing off”

ANNUAL CONFIDENTIAL REPORTS

Annual Confidential Report - To assess the working of staff during the year ending March, the ACR in prescribed forms
are prepared by Sr. Supervisors working in Gr.Rs.6500-10500 in respect of staff up to Gr. Rs.4500-7000(RSRP) provided
the staff should have worked under him at-least for a period of 3 months. It contained character and habits of the
employees such as Integrity/Tact/Temper/ Conduct/Attendance/Physical fitness/ Departmental Disabilities/Special
Aptitudes/ Relation with others/Reliability to work/Adverse Remarks/Penalty imposed/ Rewards/ Training - Refresher
etc.
The staff working in Gr. Rs.5500-9000 & above will have to fill up their self-appraisal. J.S. officer to initiate their CRs.
Section II shall be filled by SS or JS having Independent Charge. No adverse remark is given in the CR unless written
warnings are given to RS for improvement in working or in particular incidence but assessment should be on whole year
period/performance. Tick mark may be avoided and brief remarks be given. Doubtful integrity -After 6 months
observations only be given. On adverse remarks, representation within one month may be considered.

4 officials are involved in preparation of ACRs -

1) Concerned RS (2) Reporting (3) Reviewing (4) Accepting
ACR forms are distributed in 5 Sections:
Section 1 - Name, Design. Rate of Pay, Grade, DOB, DE, Office,
Section 2 - Behaviour character, Knowledge of subject, Relation with others, Drafting Noting, Educational Qualifications
Section 3 - Remarks of Reporting officer
Section 4 - Remarks of Reviewing Officer
Section 5 - Remarks of Accepting officer

Remarks for grading - O/S- 10, V/ Good - 8, Good - 6, Average -4, Below Average - 2

Adverse Entries shall be communicated to the employee & his representation, if any, shall be considered by the Accepting
Authority who will pass a speaking order if representation is to be rejected. If accepted, the adverse remarks shall be
expunged. Non-communication of adverse entries or considering them without disposing of the representation, if any, is
not permitted. DPC will direct the concerned authorities to follow the procedure, whenever any lapse is found. It will
consider the case only after the formalities of communication etc. have been completed. The CRs are in two parts - Part I
& II - Entries in Part II are not communicated. Now the entry regarding “Fitness for promotion” has been removed from
both Parts I && II in respect of Group ‘C’ staff. Instead, a column on “Special Attributes” has been included as sub-section
w.e.f. 22.4.87. An additional column “whether he/she is fit for posting as trainer in training institute” may be included in
Part III as Item No.16A in Annexure I, Item No.24A in Annexure II and Item No.32 in Annexure II.

PERFORMANCE APPRAISAL
The above appraisal requires the senior subordinate and officers to be given targets in advance and the work is reviewed
periodically. At the end of the year he/she gives his/her self-assessment along with a resume of good work and reasons
for not doing the allotted work. The reporting officer must fill up each column very carefully and his/her overall
assessment must be based on assessment in each column. He/she should take into account the letters/warning given
during the year. His/her must be an objective assessment based on actual performance and matters on record. The form
covers general qualities, professional abilities, integrity, intelligence, tact, industry, keenness, attitude to SC/ST, to
superiors, equals and subordinates, general conduct and character, sociability aptitudes and shortcomings etc. Wherever
an entry is based on an actual incident, it should be indicated. The resume given by the officer should be duly considered.
The reporting officer will submit the report to Reviewing Officer, who may make his own assessment and record changes,
if necessary. The report is finally put up to the accepting authority.

APPOINTMENT ON COMPASSIONATE GROUND

1. Compassionate Ground Appointment Mean: -

Appointments on compassionate ground are those appointments that can be made to the dependents of Railway servants.

Who lost their lives in the course of duty.

Or die in harness,
Or became crippled while in service.
Or medically incapacitated or de-categorized
Or dues to sickness like heart troubles, cancer.
Or such a diseases where no alternative appointment on reasonable emolument could be offered. Due to such incidents
the appointment that are given to family member of deceased Railway employees are called as appointments on
compassionate ground.
2. Circumstance under which the appointments on compassionate ground are to be given: -
i) Dependents of the employee who die or permanently crippled in course of duty.
ii) Who die in harness as a result of Railway accidents while off duty.
iii) Who die in harness while in service.
iv) Who are declared medically unfit or medically de-categories.
v) Dependants of the employees whose whereabouts are not known for a period of 7 years. A request to grant the benefit of
compassionate appointment can be consider after a lapse of one year from the date from which the FIR has been lodged in
police station.
3. Eligibility for appointment on compassionate grounds: -
i) Widow or Widower
ii) Son/ daughter (eldest son/ daughter)
iii) Dependents in case of Railway servant who died or got medically de-categorized as bachelors/spinster.
iv) Both husband and wife are Railway employees, in case of death of mother or father, compassionate appointment will be
available either on death of the husband or wife whichever event occurs first.
v) Dying leaving more than one widow along with children born to the 2nd wife the appointment on compassionate
grounds to the 2nd widow and her children are not to be considered unless administration has permitted the second
marriage taking into account the personal law.
vi) Dependent of casual labor appointment on compassionate ground will be given as casual labor only irrespective theirs
qualification.(dies due to accident while on duty.)
4. Age: -
There is no restriction in upper age limit, but in lower age limit the G. M. is empowered to relax for one year.
3. Educational Qualification: -
The educational qualification prescribed for the post to be offered should not in case be relaxed. However, if on the merits
of an individual case, if G. M. feels that such a relaxation of the minimum educational qualification is absolutely
necessary, then such cases may be referred to the ministry of Railway with the
stipulation that the candidate has to acquire qualification with the prescribed time limit.

Note: for compassionate appointment to the non-technical popular categories the minimum of 50% marks in
matriculation need not be insisted. Candidate should have only metric pass.

FAMILY WELFARE PROGRAMME AS PER MEDICAL MANUL (INDIAN RAILWAY) - CHAPTER-XIV

1407. Special Casual leave

(A) Vasectomy
i) Vasectomy of spouse
One-day special casual leave to a women railway employee (on the day when the husband of a women railway employee
undergoes Vasectomy) will be given to her to attend to her husband.
ii) Vasectomy of Employee
a) 6 (six) working days special casual leave (if the operation is conducted for first time or second time due to failure of first
operation) will be given to the employee. Sundays and closed holidays intervening should be ignored while calculating the
period of this casual leave.
b) In self-hospitalisation due to post vasectomy complications, the employee is entitled to special casual leave for the full
period of hospitalisation.
c) For out-door treatment for post-vasectomy complications, not more than seven days special casual leave on medical
certification can be given.
(B) Tubectomy
i) Tubectomy of Spouse
Railway employee will be granted seven days special casual leave whether the tubectomy is for the first time or for the 2nd
time (due to failure of first operation),
ii) Tubectomy of Employee
a) Fourteen days special casual leave in case of her tubectomy, whether for the first time or the second time due to failure
of 1st operation.
b) In self-hospitalisation due to post tubectomy complication, the employee is entitled to special casual leave for the full
period of hospitalisation.
c) For out-door treatment for self post-tubectomy complications, not more than fourteen days special casual leave on
medical certification can be given to the women employee.
d) Women railway employees who undergo Salpingectomy/Tubectomy operation after MTP, will be entitled to six weeks
Maternity Leave. However they will not be allowed additional 14 days special casual leave. Seven days special casual leave
to her husband will be given.
(C) I.U.D.
Women Railway employee who undergoes IUD insertion or re-insertion is eligible for one day special casual leave on the
day of insertion.
(D) Recanalisation
Railway employees going for recanalisation, are entitled to special casual leave up to twenty one days or actual period of
hospitalisation whichever is less.
 CADRE CREATION OF POSTS, UNSANCTIONED POSTS, REVIEW OF THE CADRE AND BAN ON CREATION OF
POSTS
Creation of Posts
Railway Board have banned creation of posts of gazetted and non gazetted staff in the Open Line i.e. on Revenue Account,
subject to the following:

i) Creation of posts of running staff category, as a result of half yearly power plan;
ii) Creation of stipendiary posts of apprentices to be absorbed against regular vacant posts, at the end of apprenticeship
period;
iii) Creation of posts for dealing with claim cases arising out of a major railway accident to the extent permitted by Railway
Board &
iv) Trainee reserve posts for initial recruitment are allowed to be created for the categories of diesel/electric
Assistant/ASMs.

General Managers have full powers for the creation of non-gazetted posts for operation and maintenance of
new/additional assets with matching surrender. Posts required for operational purposes, posts required to meet statutory
obligations and security organization, need hereafter Board’s sanction even with matching surrenders and Finance
concurrence.
Vacancy Banks
For the purpose of dealing with matching surrenders, a Vacancy Bank should be operated at the Divisional level and
Headquarters level.
Divisional Vacancy Bank
This will be operated by Sr. DPOs/DRMs and vetted by DFM/Sr.DFMs concerned. This account is credited with 50%
money value of the surplus posts surrendered as a result of inspection and work-study undertaken by the Divisions for
locating pockets of surplus staff/posts. 25% of money value of such posts shall be credited to the Headquarters Vacancy
Bank and 25% to Railway Board Vacancy Bank. However, the entire amount on account of closure of steam locos sheds,
goods-sheds, parcel office, yards or induction of tie-tamping machines shall be transferred to Headquarters Vacancy
Bank. DRMs are permitted to create provisionally with the concurrence of associated finance, new posts in the Divisions
for operation and maintenance of new/additional assets, through Divisional Vacancy Bank. However, post-facto sanction
of General Manager with FA&CAO’s concurrence shall be required in every case. A monthly report duly
signed by Sr.DFM/Sr.DPO and DRM shall be sent to PCPO and PFA.
Headquarters Vacancy Bank
All proposals for creation of new posts through Headquarter Vacancy Bank shall be examined by HODs concerned and
vetted by AGM before they are sent to FA&CAO for finance concurrence. The HODs shall duly take into account the effect
of innovation and sophistication in technology and the need for the additional manpower. He shall give due regard to the
need for improvement in productivity in the context of progressive modernization and sophistication. All proposals will
require prior sanction of General Manager. This account will be credited by the amount received from Divisional Vacancy
Bank as well as money value of the posts surrendered from the Organization controlled by Headquarter. No post can be
created unless matching surrender/money value is made available from Divisional/Headquarter Vacancy Bank. The
proposals for which the Zonal Railways cannot offer matching surrenders shall be referred to Railway Board after
obtaining FA&CAO’s concurrence and personal approval of General Manager. To keep a proper accountal of surplus posts
and their utilization, a Bank of surplus (Vacancy Bank) should be maintained as under:

a. The bank of surplus posts will be operative from 01.04.1987 and earlier bank net credit may be added as opening
balance of the new account as on that date;
b. All posts (excluding posts, which were/are created for specific short term purpose e.g. those created for summer rush)
identified as surplus and surrendered on or before 01.04.87 will be credited to this Bank;
c. Matching surrender already reckoned for creation of posts after 01.04.87 (including opening balance from the previous
balance) and surrenders to be made in future, will be debited to the balance in the Banks;
d. The account in this Bank will be maintained Department-wise and grade-wise though for matching surrender posts can
be drawn from this Bank irrespective of department to which they pertain and
e. The accountal of Bank will be maintained by CPO as per practice on the individual railway under the overall
supervision of AGM.
Railway Board Vacancy Bank
25% of the money value of all posts surrendered in the Zonal Railways, such as Divisions, Workshops and the Divisional
Units, shall be transferred to Railway Board for crediting to the Railway Board Vacancy Bank

MANPOWER PLANNING
Manpower planning is a strategy for the acquisition, utilization, improvement and presentation of manpower of an
enterprise. Its objective is to ensure optimum use of manpower currently employed and to provide for the future
manpower needs of enterprise in terms of skills, number and age i.e. to provide the right number of employees, with right
level of talents and skills, in the right jobs, at the right time performing the right activities to achieve the right objectives to
fulfill the corporate enterprises.

Railway is a Government concern having commercial value, run on commercial basis as it sells transport and earn profit.
For the efficient and effective management of a gigantic organization like Railways in a smooth
efficient and economic way, one of the prime requirements is large number of personnel with requisite qualifications and
training in various disciplines.

The cost of staff on railways amounts to approximately 60-% of the total working expenses. Therefore, it would be
necessary to plan its manpower in such a way that adequate staffs are made available for the new assets without
incurring any additional expenditure. This is being achieved by locating the excess manpower in the existing system and
making available for additional assets after giving necessary training.

Recently, in this huge organization, due to rapid increase in traffic and also change in system, in introducing essential
mechanization, modernization and computerization, it has become essential on the part of Railways to plan its manpower
suitably, in order to coupe up with the increased volume of workload competently, efficiently and economically. More so, a
large section of Railways has been electrified and is under progress, requiring skilled staff has also added/contributed for
the assessment of qualified and skilled staff to manage the operation of railways efficiently, so as to satisfy its
accountability to the public for whose comfort the management has to ensure.

Manpower planning means establishment of job specifications or the qualitative requirements of jobs to determine the
number of people required and to find supply source.

Manpower recruitment is related to matching the personal qualities of employees with the job requirements.
Job analysis and Job description
Job analysis means analyzing the corporate plans, objectives, finance, investments, products, marketing etc. with the
trend of turnover, promotion patterns, transfers, qualifications, training, experience, performance
Standards and performance actual.
Job description includes job design, job specifications, job enlargement, job enrichment, job responsibilities etc. When
these elements are co-related, the job demand is known. Job analysis, job specification and job design are the important
factors involved in human resource development and manpower planning.
Assessment of Manpower in Railways
In open line, factors like normal wastage, death, deputation, dismissal, creation of assets and posts, leave reserve, rest
givers, yardsticks etc., influences the assessment of manpower.
In construction projects, performance evaluation and review technique, phasing of work etc., are used to assess the
manpower.
There have been dynamic change in the technology and modernization, electrification, computerization, mechanization of
track maintenance etc. are taking place at fast rate to meet the challenges of traffic requirements in Indian Railways. To
meet the challenges of the changing environment, systematic manpower planning is essential. Therefore a category-wise
analysis of staff should be carried out, to identify surplus and to arrange manpower in the areas of need. This adjusts the
surplus in one category to other categories, where there is demand. Manpower planning ensures that the existing
manpower is utilised
to the maximum possible extent.
Manpower planning emphasis on training to different categories of staff to improve the skill and to increase productivity.
This step reduces the availability of unskilled staff, increase productivity and maximise manpower utilisation. Regular
conversion training programmes reduce the wastage of manpower due to changeover. The staffs are also deputed for
refresher course, conversion course, promotional course etc. with the aim to develop organisationally effective personnel
with pride in their work and faith in management.

The primary objective of the manpower planning is to ensure the availability of the required skill and to reduce
wastage. When the manpower availability is clearly known arrangements can be easily made to cater to the additional
needs of manpower as indicated in the forecasts. Normally, the field officers responsible for executing the job are
responsible for the manpower planning.

In order to achieve these objectives, to arrest the bottlenecks and to ensure smooth working of Railways, the Ministry of
Railways (Railway Board) have planned its manpower suitably as under:

a) Recruitment of staff with proper and suitable educational and technical qualification by upgrading the limit of
educational and technical qualifications for most of the categories;

b) Arranging training, frequent refresher courses, promotional courses, technical courses and catering orientation courses
in Government and Non-Government institutions.

c) Plan filling of vacancies, advance indents to RRBs, Ordering departmental selections, Absorption of surplus staff,
Screening of CLs in advance. Manpower also helps to reduce the problems associated with sudden surpluses and over
sight surrenders.

In regard to (a) above, technology and modernization of Railways, has warranted improvements in manpower with the
changing needs of operations in field for various categories of staff. Likewise Financial Planning, it also requires long term
planning manpower resulting in up-gradation of educational and technical qualifications for recruitment. Thus, the
educational qualification of even Group D staff have been upgraded, as they have to operate their working with changed
modern technology specifically in S&T Workshops, Loco Sheds, Diesel/Electric, Engineering and Mechanical Workshops.
For recruitment of such staff, the minimum educational qualification is matric or equivalent with IIT or completion course
under Apprentice Act. Railway Board have considered the upgradation of qualification for recruitment of casual labour,
who have to be absorbed under the rules, in the time scale, in the near future. Similarly such changes have been made in
the most of the categories.

In regard to (b) above, initial and management training to gazetted officers is catered in the following institutions-

1. National Academy of Indian Railways (NAIR), Vadodara.

2. Indian Railway Institute of Civil Engineering (IRICEN), Pune.
3. Indian Railway Institute of Signal & Telecommunication (IRISAT), Secunderabad.
4. Indian Railway Institute of Mechanical & Electrical Engineering (IRMEE), Jamalpur.
5. Indian Railway Institute of Electrical Engineering (IREEN), Nasik Road.
6. Workshop & Technical School, Kharagpur.

In order to develop quality and quantity, refresher courses on management and technical subjects, are being catered in
these institutions as well as in other private institutions.

Training of non-gazetted staff is arranged for initial courses, refresher courses, and promotional courses in Zonal Training
Schools/Basic Training Schools, System of Technical Institutes, as well as in other private institutions in order to gain
sufficient knowledge of technical capability on personnel subjects and on financial matters.
Leave Rules
502. Extent of application. These rules shall apply to (i) Railway servants appointed on or after 1st
February 1949; (ii) Railway servants appointed prior to 1st February 1949 who have elected to be governed by
these rules; and (iii) others who are brought under these rules by special orders; (iv) a temporary Railway
servant who has completed 3 years continuous service shall be entitled, from the date of completion of 3 years
continuous service, to the same conditions of service in respect of question of leave (including leave salary) as
he would have been entitled to if he held a lien on the post in which he was initially appointed.
General Conditions
503. Right to leave - Leave cannot be claimed as of right and leave of any kind may be refused or revoked by the
authority* competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for
except at the written request of the Railway servant
Railway Ministrys decision:- The above provisions are not, however, intended to be so used as in effect to abridge to the
employees leave entitlements. It is desirable in the interests of efficiency that employees take leave at suitable intervals
and return to work keen and refreshed. The leave sanctioning authority should draw a phased programme for the grant of
leave to the applicants by turns with due regard to the priority of claims to leave at the same time ensuring for adequate
presence of staff so that no dislocation in the normal working of establishment is caused.
504. Effect of dismissal, removal or resignation on leave at credit.(1) Except as provided in rule 541 and this rule,
any claim to leave to the credit of a railway servant, who is dismissed or removed or who resigns from railway service
ceases from the date of such dismissal or removal or resignation.
(2) Where a railway servant applies for another post under the Government of India but outside the Railways, if such
application is forwarded through proper channel and the applicant is required to resign his post before taking up the new
one, such resignation shall not result in the lapse of the leave to his credit.
(3) A railway servant who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to
count for leave his service prior to dismissal, or removal, as the case may be.
(4) A railway servant, who having retired on compensation or invalid pension or gratuity is re-employed and allowed to
count his past service for pension or State Railway Provident Fund benefits, as the case may b3e, shall be entitled to
count his former service towards leave.
Railway Ministrys decision
Break in Service due to strike. Strikes may be divided into two categories
(a) Legal strikes, i.e. those which have been called after complying with the provisions of the Industrial Disputes Act, 1947
and
(b) Illegal strikes, i.e. those in which the preliminaries to the calling of a legal strike have not been observed
Strikes falling under (a) above do not constitute a break in service and it would be appropriate for the Railway
administrations to treat the period of absence as leave with or without allowances as the case may be without reference to
the Railway Board.
In case of illegal strikes, however, the absence of the employees concerned is tantamount to a break in service and cannot
be condoned without the sanction of the President.
When a break in service due to participation in an illegal strike is condoned by the President as dies non i.e. neither
constituting a break in service nor counting as service such a period is deleted as being non-existing in so far as the
particular employee or employees are concerned and therefore the status quo ante the interregnum is restored in all
respects from the date following the last day of the period treated as dies non. In other words service prior to the break so
condoned will be treated as continuous with the services after the break itself for all purposes but the period of break
itself will not be taken into account for any purpose.
505. Conversion of one kind of leave into another. (1) At the request of a railway servant made before he ceases to be
in service, the authority which granted him leave may convert it retrospectively into leave of a different kind which was
due and admissible to him at the time the leave was granted, but the railway servant cannot claim such conversion as a
matter of right.
Provided that no such request shall be considered unless received by such authority, or any other authority designated in
this behalf, within a period of 30 days of the concerned Railway servant joining his duty on the expiry of the relevant spell
of leave availed of by him.
(2) The conversion of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave
finally granted to the railway servant, that is to say, any amount paid to him in excess shall be recovered or any arrears
due to him shall be paid.
Note.Extraordinarily leave granted on medical certificate or otherwise may be converted retrospectively into leave not due
subject to the provisions of rule 528.
506. Commencement and end of leave. Leave ordinarily begins on the day on which transfer of charge is affected and
ends on the day preceding that in which charge is resumed.
507. Combination of different kinds of leave. Except as provided otherwise under these rules, any kind of leave under
these rules may be granted in combination with or in continuation of any other kind of leave.
Explanation. Casual leave which is not recognised as leave under these rules shall not be combined with any other kind of
leave admissible under these rules. There is, however, no objection to Casual leave being followed by quarantine leave.

508. Combination of holidays with leave. (1) When the date immediately preceding the day on which a railway servants
leave begins or immediately following the day on which his leave expires is a holiday or one of a series of holidays, the
railway servant may leave his station at the close of the day before, or return to it on the day following such holidays,
provided that
(a) his transfer or assumption of charge does not involve the handing or taking over of securities or moneys other than a
permanent advance;
(b) his early departure does not entail a correspondingly early transfer from another station of a railway servant to perform
his duties; and
(c) the delay in his return does not involve a corresponding delay in the transfer to another station of the railway servant
who was performing his duties during his absence or in the discharge from railway service of a person temporarily
appointed to it.
(2) in the case of leave on medical certificate:--
(a) When a Railway servant is certified medically unwell to attend office, holidays if any immediately preceding the day he
is so certified shall be allowed automatically to be prefixed to leave and the holidays if any immediately succeeding the day
he is so certified (including that day ) shall be treated as part of the leave; and
(b) When a Railway servant is certified medically fit for joining duty, holidays if any, succeeding the day he is so certified
shall be allowed automatically be allowed to be suffixed to the leave and holidays, if any, preceding the day he is so
certified (including that day) shall be treated as part of the leave.
(3) On condition that the departing railway servant remains responsible for the moneys in charge, the competent authority
may in any particular case waive the application of clause (a) of proviso to the sub-rule (1).
(4) Unless the authority competent to grant leave in any case otherwise directs
(a) If holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from
the day after the holidays; and
(b) If holidays are suffixed to leave, the leave is treated as having terminated and any consequent rearrangement of pay
and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.
Railway Ministries decision All holidays notified locally by Railway Administrations may be treated as holidays for the
purpose of rules 506 and 508. Since the declaration of holidays as recognized holidays rests with the President the lists of
holidays should be approved by that authority.
The above decision does not apply to offices which follow holidays declared by Central and State Government or Union
Territories
509. Employment during leave. A Railway servant on leave may not take any service or accept any employment without
obtaining the previous sanction of
(a) the President if the proposed service or employment is outside India; and
(b) the authority empowered to appoint him, if in India.
NoteThis does not apply to casual literacy work, or to service as an examiner or similar employment nor does it apply to
acceptance of foreign service with the sanction of the competent authority.
510. Maximum amount of continuous leave .Unless the President, in view of the exceptional circumstances of the case
otherwise determines, no Railway servant shall be granted leave of any kind for a continuous period exceeding 5 years.
Grant and return from leave
511. Application for leave. - An application for leave or for extension of leave shall be made to the authority competent
to grant such leave or extension in the form at Annexure I.
512. Grant of leave. Priority of claims to leave.In case where all applications for leave cannot, in the interest of the
public service, be granted, an authority competent to grant should, in deciding which applications should be granted, take
into account the following considerations
(a) The railway servants who can, for the time being best be spared.
(b) The amount of leave due to the various applicants.
(c) The amount and character of the service rendered by each applicant since he last Returned from leave.
(d) The fact that any such applicant was compulsorily recalled from his last leave.
(e) The fact that any such applicant has been refused leave in the public interest.
Railway Ministrys decision 1.The order sanctioning leave on average pay/half average pay to Railway servant shall
indicate the balances of such leave at his credit.
Railway Ministrys decision 2.In order to save time, effort and expense, it has been decided that instead of issuing
individual leave orders, these orders should, as far as possible, be issued in a consolidated form for each category of staff
separately , if not already being done. The consolidated leave orders may be issued once in a fortnight, say, on 20th of the
month in respect of persons who proceeded on leave between 1st and 15th, and on 5th of the next month in respect of
those who proceeded on leave between 16th and the last working day of the previous month. These dates may, if
necessary, be varied to suit local convenience. Exception may be made, if necessary, in the types of cases mentioned
below:
(i) Where the Railway servant and his leave sanctioning authority are located at different stations, and
(ii) Where officiating arrangement is to be made in the leave vacancy.
Where a Railway servant is proceeding on leave before the date of issue of the consolidate leave order, the fact whether the
leave applied for by him has been sanctioned or not may informally be ascertained from administration section by the
individual concerned. The general principle should, however, be that after the leave has been recommended by the
Railway servants immediate controlling authority, the leave may be deemed to have been sanctioned unless he is given an
intimation to the contrary.
513. Leave Account. A leave account shall be maintained in the prescribed from for each railway servant by the
Accounts Officer in the case of Group A and Group B railway servants and by the head of the office or an officer
authorised by him in the case of Group C and Group D Railway Servants.
514. Verification of title to leave. The amount of leave due to a railway servant is the balance leave at his credit in the
leave account. No leave shall be granted to a railway servant until a report regarding its admissibility has been obtained
from the authority maintaining the leave account.
515. Leave when not to be granted. Leave shall not be granted to a railway servant whom a competent punishing
authority has decided to dismiss, remove or compulsorily retire from railway service.
516. Recall to duty before expiry of leave. In case a Railway servant is recalled to duty before the expiry of his leave,
such recall to duty shall be treated as compulsory in all cases and the railway servant shall be entitled:--
(a) If the leave from which he is recalled is in India, to be treated as on duty from the date on which he starts from the
station to which he is ordered, and to draw
(i) traveling allowance under rules made in this behalf for the journey; and
(ii) leave salary until he joins his post, at the same rate at which he would have drawn it but for recall to duty.
(b) If the leave from which he is recalled is out of India, to count the time spent on the voyage to India as duty for
purposes of calculating leave, and to receive
(i) leave salary, during the voyage to India and for the period from the date of landing in India to the date of joining the
post at the same rate at which he would have drawn it but for recall to duty;
(ii) a free passage to India;
(iii) refund of his passage from India if he has not completed half the period of his leave by the date of leaving for India on
recall, or three months, whichever is shorter;
(iv) duty pass and traveling allowance, under the rules for the time being in force for travel from the place of duty.
517. Return to duty from leave. (1) A railway servant on leave shall not return to duty before the expiry of the period of
leave granted to him, unless he is permitted to do so by the authority which granted him leave.
(2) Notwithstanding anything contained in sub-rule (1), railway servant on leave preparatory to retirement shall be
precluded from returning to duty save with the consent of the authority competent to appoint him to the post from which
he proceeded on leave preparatory to retirement.
(3) A railway servant who has taken leave on medical certificate may not return to duty until he has produced a medical
certificate of fitness from the appropriate Medical authority.
(4) A railway servant returning from leave is not entitled, in the absence of specific orders to that effect, to resume as a
matter of course, the post which he held before going on leave.
(5) Such railway servant shall report his return to duty to the authority which granted him leave or to the authority, if any
specified in the order granting him the leave and await orders.
518. Absence after the expiry of leave. (1) Unless the authority competent to grant leave extends the leave, a railway
servant who remains absent after the end of leave is entitled to no leave salary for the period of such absence and the
period shall be debited against his leave account as though it were leave on half average pay, to the extent such leave is
due, the period in excess of such leave due being treated as extraordinary leave.
(2) Wilful absence from duty after the expiry of leave renders a railway servant liable to disciplinary action.
519. Grant of leave on Medical Certificate. General Rules.(1) Medical Officers shall not recommend grant of leave in
any case in which there appears to be no prospect that the railway servant concerned will ever be fit to reasume his
duties. In such cases the opinion that the railway servant is permanently unfit for railway service should be recorded in
the Medical certificate. A railway servant in Group A or Group B should not be invalidated out of service on account of ill
health except on the certificate of a Medical Board.
(2) Every certificate of a Medical Officer recommending the grant of leave to a railway servant must contain a proviso that
no recommendation contained in it shall be evidence or a claim to any leave not admissible to the railway servant under
the term of his contract or the rules to which he is subject. The certificate should be forwarded to the authority competent
to grant the leave and the orders of that authority should be awaited.
521. "Commuted Leave/Leave on production of Medical Certificate by the Railway Servants shall be regulated as
follows:-
1. A Railway servant (Gazetted or Non-gazetted), on being a Central Government Health Scheme (CGHS/Railway Health
Services (RHS) beneficiary and living in an area covered by the CGHS/RHS at the time of illness, shall be required to
produce a Medical and Fitness Certificate in the Form prescribed in Annexure XI to Rule 538 and 541 of Indian Railway
Medical Manual, Volume 1, Third Edition 2000 either from an authorized CGHS Medical Officer or a Railway/Government
Authorized Medical Officer.
In circumstances where the Railway Doctor's line visits do not materialize, the Railway employees, who are covered by the
line jurisdiction of the Railway doctor and who have fallen ill, may obtain a Medical Certificate from a Registered Medical
Practitioner (RMP) subject to the condition that if the leave applied for on medical grounds is for more than 3 days, the
employee should report to the Railway doctor if he is fit to travel or send intimation about his condition, if he is bed-
ridden, at such intervals as directed by the Railway doctor.
2. Railway servants (Gazetted or Non-gazetted), who are not CGHS beneficiaries, (including those who have opted out of
the CGHS / RHS or are CGHS or RHS Card Holders, but at the time of illness are residing outside the jurisdiction of the
CGHS / RHS facilities or take ill while being outside the Headquarters) are required to produce a Medical and Fitness
Certificate from his Authorized Medical Attendant (AMA) provided that in the case of a Non-gazetted Railway employee, if
no AMA is available within a radius of 8 kilometers of his residence or place of temporary stay outside the Headquarters,
the leave sanctioning authority may at his discretion, sanction Leave / Commuted Leave on production of a Medical
Certificate from the Registered Medical Practitioner, after satisfying itself of the facts / merits of the case .
3. In case of hospitalization/indoor treatment permitted in a private hospital recognized under the CGHS/Central Services
(Medical Attendance) Rules, 1944 and Railway Medical Attendance Rules as contained in Indian Railway Medical Manual,
Third Edition, 2000(Corrected upto 30.9.99), a Railway servant (Gazetted or Non-gazetted), whether a CGHS/RHS
beneficiary or not, may produce the requisite Medical/Fitness Certificate from the Authorized Medical Officer of such a
hospital in case his hospitalization/ indoor treatment, is on account of the particular kind of disease (e.g. heart, cancer
etc.) for the treatment of which the concerned Hospital has been recognized by the Ministry of Health and Family Welfare.
There may be instances where an employee may be initially admitted to such a hospital at a stage when the disease has
yet not been fully diagnosed and it may subsequently be established that the disease was not that, the suspicion of which
prompted his / her admission to the hospital. In such cases, the leave sanctioning authority, with the approval of the
General Manager, may grant Leave / Commuted Leave on the basis of the Medical Certificate from the Authorized Medical
Officer of such a hospital, if he is satisfied about the genuineness of the case.
4. In cases where a Non-gazetted Railway servant finds it difficult to obtain the Medical/Fitness Certificate from a
CGHS/RHS doctor or AMA in exceptional cases, the leave sanctioning authority, may consider grant of leave on the basis
of the Medical/Fitness Certificate from an RMP after taking into account the circumstances of the specific case. Such a
certificate should be, as nearly as possible, in the prescribed form as given in Annexure XI of Rule 538 and 541 of Indian
Railway Medical Manual, Volume 1, Third Edition'2000, and should state the nature of illness and the period for which
the Railway servant is likely to be unable to perform his duties. The competent authority may, at its discretion accept the
certificate, or in cases where it has reasons to suspect the bonafides, refer the case to the Divisional Medical Officer for
advice or investigation. The Medical Certificate from registered private practitioners produced by the Railway servant in
support of their application for leave may be rejected by the competent authority only after a Railway Medical Officer has
conducted the necessary verifications and on the basis of the advice tendered by him after such verifications.
5. Certificate of Fitness in the case of employees working in the Zonal Railways and Field Units will continue to be
governed by the provisions contained in Rule 538 and 541 of Indian Railway Medical Manual, Volume 1,
Note: Ordinarily, the jurisdiction of a Railway Medical Officer will be taken to cover Railway servant residing within a
radius of 2.5 kilometers of the Railway Hospital or health unit to which the Doctor is attached, and within a radius of one
kilometer of a Railway station of the Doctor's beat.
Railway Ministrys decision1.Where a Railway employee remained on medical leave upto and including 3 days duration
and reported back for duty with a fitness from the medical practitioner, he may be allowed to join duty without obtaining
fitness certificate from the Railway Medical Officer subject to the conditions that the employee furnished a declaration that
he had not suffered during this period from any eye disease. In the other cases where the duration of the sickness is more
than 3 days, the railway employee should be put back to duty within 24 hours on his producing fitness certificate from a
private medical practitioner, provided he is found fit by the competent railway medical officer. In case there is any delay
beyond 124 hours in obtaining the fitness certificate from the competent Railway Medical Officer, the employee concerned
will be deemed to have been put back to duty within 24 hours of his producing the medical certificate of the private
medical officer.
Railway Ministrys decision 2. With a view to preventing misuse, the Railway administration may with draw for specified
periods (From 1st April to 30th June in Summer, from 1st Oct. to 15th November during Diwali and when mass sick
reporting is contemplated by staff of any department) the privilege of acceptance of medical certificate from Registered
Medical Practitioners for grant of Medical Certificates to Group C and Group D Railway servants.
522. Leave to a railway servant who is unlikely to be fit to return to duty. (1) (a) When a medical authority has
reported that there is no reasonable prospect that the railway servant will ever be fit to return to duty, leave shall not
necessarily be refused to such Railway servant.
(b) The leave may be granted, if due, by the authority competent to grant leave on the following conditions:--
(i) if the medical authority is unable to say with certainty that the railway servant will never again be fit for service, leave
not exceeding twelve months in all may be granted and such leave shall not be extended without further reference to a
medical authority;
(ii) if a railway servant is declared by a medical authority to be completely and permanently incapacitated for further
service leave or an extension of leave may be granted to him after the report of the medical authority has been received,
provided the amount of leave as debited to the leave account together with any period of duty beyond the date of the
report of the medical authority, does not exceed six months.
(2) A railway servant who is declared by a medical authority to be completely and permanently incapacitated for further
service shall:--
(a) if he is on duty, be invalidated from service from the date of relief of his duties, which could be arranged without delay
on receipt of the report of medical authority. If, however, he is granted leave under para (1) above he shall be invalidated
from service on the expiry of such leave; and
(b) if he is already on leave, be invalidated from service on the expiry of that leave or extension of leave, if any, granted to
him under sub-para (1)
(3) A Railway servant who fails in vision test or otherwise becomes physically incapable of performing the duties of the
post which he occupies but not capable of performing other duties shall be granted leave in accordance with ordinary
rules subject to the proviso that where the Railway servant has not got six months leave to his credit his leave shall be
made upto six months by the grant of extraordinary leave.
If an alternative employment cannot be found for such a person within the period of leave granted as above, his service
shall not be terminated but his leave shall be extended by the grant of extraordinary leave, subject to the condition that
the total amount of extraordinary leave to be granted to the Railway servant does not exceed six months.
The medically decategorised Railway employee waiting for absorption in alternative post may be allowed to commute the
period of LHAP on production of medical certificate, subject to certification that the employee is not fit to hold the post
from which he proceeded on leave. The commutation will, however, be admissible only upto the stage that an alternative
post is offered to him by the administration.
Kinds and amount of leave Due and Admissible
523. Leave on average pay. (1) (a) (i) A railway servant permanent or temporary other than one who is serving in a
railway school shall be entitled to 30 days leave on average pay in a calendar year.
(ii) The leave account of every railway servant shall be credited with leave on average pay in advance in two installments of
15 days each on the first day of January and July every calendar year.
(b) The leave at the credit of a railway servant at the close of the previous half year shall be carried forward to the next half
year subject to the leave so carried forward plus the credit for the half year do not exceed the maximum limit of 300 days.
(c) A period spent in Foreign Service shall count as duty for purpose of this rule, if contribution towards leave salary is
paid on account of such period.
(d) The following procedure for crediting LAP on 1st Jan. /1st July w. e. f. 01.07.1997 in respect of Railway employees
may be adopted:--
(i) In case of Railway employees, having at their credit leave on Average Pay of 285 days or less as on 1st January/1st July
of a year, LAP of 15 days or proportionately less in respect or retiring persons of those leaving service during the next half
year may continue to be credited to their leave account in advance as at present.
(ii) In cases where the Leave on Average Pay at credit as on 1st January/1st July is 300 days or less but more than 285
days, credit of LAP for 15 days may be kept separately and first adjusted against any LAP that the Railway servant may
take during the ensuing half year and the balance, if any, credited to the LAP account at the close of the half year subject
to the ceiling of 300 days. If the LAP taken during the half year is more than 15 days the amount in excess of 15 days will,
however, have to be debited to the leave account.
2. Subject to the provisions of rules 503,541 as well as this rule, the maximum leave on average pay that may be granted
at a time to a railway servant shall be 180 days.
524. Calculation of leave on average Pay. (1) Leave on Average pay shall be credited to the leave account of a railway
servant at the rate of 2 days for each completed calendar month of service which he is likely to render in a half year in
which he is appointed.
(2)(a) The credit for the half year in which a railway servant is due to retire or resigns from the service shall be afforded
only at the rate of 2 days per completed calendar month upto the date of retirement or resignation.
(b) When a railway servant is removed or dismissed from service or dies while in service, credit of earned leave shall be
allowed at the rate of 2 days per completed calendar month upto the end of the calendar month preceding the calendar
month in which he is removed or dismissed from service or dies in service.
(3) If a railway servant has availed of extraordinary leave and/or some period of absence has been treated as dies non
during the previous half year, the credit to be afforded to his leave account at the commencement of the next half year
shall be reduced by 1/10th of the period of such leave and/or dies non subject to a maximum of 15 days.
(1) While affording credit of Leave on Average Pay fraction of a day shall be rounded off to the nearest day.
Railway Ministys decision.- Concession to Railways servants on the North-East Frontier Railway. Once in a calendar year,
the staff proceeding on leave on average pay to or via Calcutta, Lucknow or Patna will be granted additional leave, not
debitable to their leave account on the following scale:-
(i) Staff headquarters at Siligur station or at stations west of Siliguri-2 days
(ii) Staff headquarters at stations last of Siliguri but on the North Bank of Brahmaputra, including Darjeeling-Himalaya
Section and at Pandu (Guwahati)-4 days
(iii) Staff head quarters at stations to the east of Pandu-6 days
525- Leave on Average Pay applicable to School Staff
(1)(a) A Railway servant serving in a Railway School such as a teacher, principal, headmaster, librarian, laboratory
assistant or a waterman shall not be entitled to any Leave on Average Pay in respect of duty performed in any year in
which he avails the full vacation.
(b) In respect of any year in which a Railway servant avails a portion of the vacation, he shall be entitled to Leave on
Average Pay in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation.
Provided that no such leave shall be admissible to a Railway servant not in permanent employ or quasi-permanent employ
in respect of the first year of his service.
(c) If, in any year, the Railway servant does not avail any vacation, Leave on Average Pay shall be admissible to him in
respect of that year under Rule 523.
Note: - The facility of crediting of un-availed portion of joining time shall be admissible to persons serving in
Railway Schools, in accordance with the provisions of Rule 1110.
526. Leave on half average pay.
1(a) A railway servant, permanent or temporary including the one who is serving in a railway school, shall be entitled to
Leave on Half Average Pay of 20 days in respect of each completed year of service.
(b) The leave due under clause (a) may be granted on medical certificate or on private affairs.
(c) The amount of leave on half average pay that cab be availed of in one spell irrespective of its being combined with any
other kind of leave or not shall be limited to 24 months.
(2) If a railway servant is on leave on the day on which he completes a year of service, he shall be entitled to half pay leave
without having to return to duty.
(3) The Leave on Half Average Pay will be credited to the leave account of a Railway servant on 1st January and 1st July
each as indicated below:-
(1) The account of Leave on Half Average Pay of every railway servant shall be credited with Leave on Half Average Pay in
advance, in two instalments of ten days each on the first day of January and July of every calendar year.
(2) The leave shall be credited to the leave account at the rate of 5/3 days for each completed calendar month of service
which the railway servant is likely to render in the half-year of the calendar year in which he/she is appointed.
(3) The credit for half-year in which the railway servant is due to retire or resigns from service shall be allowed at the rate
of 5/3 days per completed month upto the date of retirement resignation.
(4) When a railway servant is removed or dismissed or dies while in service, credit of leave on half-average pay shall be
allowed at the rate of 5/3 days per completed calendar month upto the end of calendar month preceding the calendar
month in which the railway servant is removed or dismissed from service or dies while in service.
(5) Leave on half-average pay under these rules may be granted on medical certificate or on private affairs provided that in
the case of railway servants, not permanently employed, no leave on half-average pay shall be granted unless the
authority competent to grant leave has reasons to believe that the railway servant will return on its expiry, except in the
case of a railway servant who has been declared completely or permanently incapacitated for further service by a medical
authority.
(6) While calculating the completed months of service the month may be rounded off to the next higher if it exceeds more
than 15 days (For example if a railway servant has completed a years’ service as on 11th May 1986, he may be given the
benefit of L.H.A.P. from May since it exceeds 15 days to December 1985 for 13 days viz.5/3 X 8 = 13).
(7) Where a period or absence for suspension of a Railway servant has been treated as dies-non in a half year, the credit to
be afforded to his half-pay leave account at the commencement of next half-year, shall be reduced by one-eighteenth of
the period of dies-non, subject to a maximum of ten days.
(8) While affording credit of half pay leave, fraction of a day may be rounded off to the nearest day.
EXPLANATION:
Sub-clauses (7) & (8) under Sub-rule (3) of Rule 526 of Indian Railway Establishment Code, Volume I (1985 Edition) have
been incorporated with the President’s approval effective from 4-7-1987. Incorporation of these Rules has been
necessitated due to amendments made by the Department of Personnel & Training in the Central Civil Services (Leave)
Rules, 1972. It is certified that retrospective effect given to these rules will not adversely affect any employee to whom
these rules apply.
Railway Ministries decision. It is not necessary that a railway servant should return to duty before availing of half-average
pay leave which he has earned during this spell of leave. As the half-average pay leave becomes due on completing a years’
service which term include extraordinary leave, the leave account can be credited with the amount of such leave, as soon
as it is earned. If a railway servant who is already on leave, subsequently applies for an extension of leave, his application
can be treated as a fresh application for leave and in such circumstances there is no objection to the grant of half pay
leave in continuation of the leave already granted to him. There is also no objection to the grant of such leave during a
spell of leave already granted to a railway servant provided he submits his application or formally requests for the
conversion of the leave already granted to him into half pay leave. In such cases it will be necessary to revise the original
leave account and subsequent leave will have to be granted according to the amended leave accounts.
527. Commuted leave. Commuted leave not exceeding half the amount of leave on half-average pay due may be granted
on medical certificate to railway servant to the following conditions:--
(a) the authority competent to grant leave is satisfied that there is reasonable prospect of the railway servant returning to
duty on its expiry:
(b) when commuted leave is granted, twice the amount of such leave shall be debited against the leave on half-average pay
due;
(c ) there is no limit to the number of days of commuted leave to be availed of during the entire service;
(d) leave on half average pay upto a maximum of 180 days shall be allowed to be commuted during the entire service
where such leave is utilised for an approved course of study which is certified to be in the public interest by the leave
sanctioning authority;
(e) where a railway servant who has been granted commuted leave and resigns from service or at his request is permitted
to retire voluntarily without returning to duty, the commuted leave shall be treated as leave on half average pay and the
difference between the leave salary in respect of commuted leave and leave on half average pay shall be recovered.
Provided that no such recovery shall be made if the retirement is compulsorily thrust upon him by reason of ill health
incapacitating the railway servant for further service or in the even of his death.
(f) commuted leave may be granted at the request of the railway servant even when leave on average pay is due to him .
528. Leave not due. (1) Leave not due may be granted to a railway servant in permanent employment subject to the
following conditions:--
(i) leave not due shall be limited to the leave on half average pay he is likely to earn thereafter;
(ii) leave not due during the entire service shall be limited to a maximum of 360 days, on medical certificate;
(iii) leave not due shall be debited against the half pay leave he is likely to earn subsequently.
(2) (a) Where a railway servant who has been granted leave not due resigns from service or at his request permitted to
retire voluntarily without returning to duty the leave not due shall be cancelled, his resignation or retirement taking effect
from the date on which such leave had commenced and the leave salary shall be recovered.
(b) where a railway servant who having availed himself of leave not due returns to duty but resigns or retires from service
before he has earned such leave he shall be liable to refund the leave salary to the extent the leave has not been earned
subsequently.
Provided that no leave salary shall be recovered under clause (a) or clause (b) if the retirement is compulsorily thrust upon
him by reason of ill health incapacitating the railway servant for further service or if he is retired compulsorily on
disciplinary grounds or due to pre-matured retirement under para 620 of Manual of Pension Rules or the provisions
relating to compulsory retirement of non-pensionable Railway servants on rendering 30 years of service or in the even of
his death.
529. Leave not due to temporary railway employees. Subject to the provisions of clause (i) and clause (iii), to rule
528(1), leave not due may be granted to temporary railway servants who are suffering from T.B., Leprosy, cancer or
mental illness, for a period not exceeding 360 days during the entire service on medical certificate if the railway servant
concerned has put in at least one years railway service:
Provided that the post from which the railway servant proceeds on leave is likely to last till his return to duty; and the
request for leave is supported by a medical certificate.
Note: - Leave not due, under Rules 528 and 529 , is leave admissible under the Rules and where it can be granted, the
grant of Extraordinary Leave under Rule 530 will be irregular unless specifically applied for by the Railway servant in
writing.
530. Extraordinary Leave. (1) Extraordinary leave may be granted to a railway servant in special circumstances
(a) When no other leave is admissible, and
(b) When other leave is admissible, but the rly. servant applies in writing for the grant of extraordinary leave.
(2) Unless the President in view of the exceptional circumstances of the case otherwise determines, no temporary railway
servant shall be granted extraordinary leave on any one occasion in excess of the following limits:--
(a) three months, without a medical certificate.
(b) Six months where the railway servant has completed 1 years continuous service on the date of expiry of leave of the
kind due and admissible under these rules including three months extraordinary leave under clause (a) and his request
for such leave is supported by a medical certificate as required by these rules.
(c) Eighteen months where the railway servant has completed one years continuous service and is undergoing treatment
for
(i) pulmonary tuberculosis or pleurisy of tubercular origin, in a recognized sanatorium, Railway Hospital and Railway
Chest Clinics.
(ii) tuberculosis of any other part of the body by a qualified T.B. Specialist/Civil Medical Officer.
(iii) leprosy in a recognized leprosy institution or hospital recognized by the State Administrative Medical Officer
concerned.
(iv) cancer or for mental illness in an institution recognized for the treatment of such disease or by a Medical officer or
Specialist of railway or government.
(d) twenty four months where the leave is required for the purpose of prosecuting studies certified to be in public interest
provided the railway servant concerned has completed three years continuous service on the date of expiry of leave of the
kind due and admissible under these rules, including three months extraordinary leave under clause (a).
(3)(a) Where a railway servant is granted extraordinary leave in relaxation of the provisions contained in clause (d) of sub-
rule (2), he shall be required to execute a bond (Annexure II) undertaking to refund to the railway during such leave plus
that incurred by other agency with interest thereon in the event of his not returning to duty on the expiry of such leave or
quitting the service before a period of 3 years after return to duty.
(b) The bond shall be supported by sureties from two permanent railway servants having a status comparable to or higher
than that of the railway servant.
(4) Two spells of extraordinary leave, if intervened by any other kind of leave, shall be treated as one continuous spell of
extraordinary leave for the purpose of sub-rule (2).
(5) The authority competent to grant leave may commute retrospectively periods of absence without leave into
extraordinary leave.
Note 1.The concession of extraordinary leave upto 18 months will be admissible also to a railway servant suffering from
pulmonary tuberculosis, who receives, treatment at his residence under a tuberculosis specialist recognized as such by
the State Administrative Medical Officer concerned and produces a certificate signed by that specialist to the effect that he
is under his treatment and that he has reasonable chances of recovery on the expiry of the leave recommended.
Note-2. Institutions recognized by the Government of India for the purpose of treatment of Central Government servants
and their families will be deemed as recognized for the purpose of grant of extraordinary leave.
Note-3. No limit in case of permanent Railway servants, but all kinds of leave together shall not exceed 5 years in one
spell.
Note-4. Where a temporary railway servant fails to resume duty on the expiry of the maximum period of extraordinary
leave granted to him/her or where he/she is granted a lesser amount of extraordinary leave than the maximum amount
admissible, and remains absent from duty for period which, together with the period of extraordinary leave granted,
exceeds the limit upto which he/she could have been granted such leave under sub-rule (1) above, he/she shall unless
the President in view of the exceptional circumstances of the case otherwise determines be removed from service after
following the procedure laid down in the discipline and Appeal Rules for railway servants.
531. Leave to probationers and a railway servant on probation. (1) (a) A railway servant on probation including a
probationer under training for a post in Railway service Group A shall be entitled to leave under these rules as if he had
held his post substantively otherwise than on probation.
(b) If, for any reason, it is proposed to terminate the services of a probationer, any leave which may be granted to him
shall not extend--
(i) beyond the date on which the probationary period as already sanctioned or extended expires; or
(ii) beyond any earlier date on which his services are terminated by the orders of an authority competent to appoint him.
(2) A person appointed to a post on probation shall be entitled to leave under these rules as a temporary or permanent
railway servant according as his appointment is against a temporary or a permanent post.
Provided that where such person already holds a lien on a permanent post before such appointment, he shall be entitled
to leave under these rules as a permanent railway servant.
533. Leave to Apprentice Mechanics. Apprentice Mechanics in Railway Workshop may be granted leave on full stipend
for a period not exceeding 16 days and on half stipend on medical certificate for a period not exceeding 20 days in any
year of apprenticeship.
Note-1. Journeymen and similar other apprentices/trainees recruited for initial training on the Railways before they are
appointed against the working posts in Group C service, during the period of their training may be granted leave under
this rule.
Note-2. Leave to probationary Assistant Station Masters and Commercial clerks and all others who are trained for
employment and are not put on the time scale during the period of training shall be regulated under this rule.
534. Leave to Trade apprentices. Trade apprentices may be granted leave on full stipend for a period not exceeding 12
days and leave on half stipend on medical certificate for a period not exceeding 15 days in any year of apprenticeship.
535. Leave to other apprentices. Apprentices under training for Group C posts in all other departments who are posted
to supervisory posts after training such as Apprentice Train Examiners, Apprentice Permanent Way Inspectors, Stores
apprentices etc. may be granted leave like Apprentice Mechanics mentioned in rule 533. Apprentices who are appointed as
skilled workmen after training may be granted leave like trade apprentices mentioned in rule 534.
536. Leave to apprentices. Apprentices, other than special class apprentices, may be granted by the General Manager
extraordinary leave (without stipend) under the rules applicable to temporary railway servants. The General Manager may
re-delegate his powers under this rule to the Heads of Departments and officers in not below Junior Administrative grade.
537. General conditions for grant of leave to apprentices. (1) In all cases mentioned in rules 531 to 536 leave will be
non-accumulative and no leave shall be granted if it would interfere with the training.
(2) On subsequent absorption, without a break, if the period of apprenticeship or training as probationer, is treated as
service, recalculation of leave may be allowed as is permissible under the normal operation of the rules.
538. Leave to persons re-employed after retirement. (1) In the case of person re-employed after retirement the
provisions of these rules shall apply as if he had entered railway service for the first time on the date of his re-
employment.
(2) (a) If a railway servant, who quits the public service on compensation or invalid pension or gratuity, is re-employed and
if his gratuity is thereupon refunded or his pension held wholly in abeyance his past service thereby becoming
pensionable on ultimate retirement he may at the discretion of the authority sanctioning the re-employment and to such
extent as that authority may decide count his former service towards leave.
(b) A railway servant who is dismissed or removed from the public service but is reinstated on appeal or revision is entitled
to count his former service for leave.
539. Leave to Workshop staff. (1) Skilled artisans as also semi-skilled and un-skilled workman will earn leave on
average pay, half average pay and commuted leave and leave not due in accordance with these rules.
(2) Workshop staff may be allowed to take leave with pay, if due, or without pay, for periods not less than half a day. For
this purpose leave for half a day means authorized absence from duty for over half an hour either during the first period
before interval or the second period of any day on which the workshop remains open for both the periods. This concession
however, is restricted to six occasions in a year.
Railway Ministrys decision. The practice of granting half a days leave against leave account to staff other than those
employed in workshops may be allowed to continue where it is covered by express orders on the subject.
540. Leave preparatory to retirement. A railway servant not desirous of encashment of leave on average pay at his
credit at the time of retirement on superannuation may be permitted by a competent authority to take leave preparatory to
retirement to the extent of leave on average pay due not exceeding 180 days together with half pay leave due subject to the
conditions that such leave extends upto and includes the day preceding the date of retirement.
Note.The leave granted as leave preparatory to retirement shall not include extraordinary leave.
540-A. Encashment of Leave on Average Pay along with Railway Pass while in service
A Railway Servant shall be permitted to encash leave on average pay upto 10 days at the time of availing of
Railway Passes while in service, subject to the condition that:
(1) a balance of at least 30 days of leave on average pay should be available to his credit after taking
into account the period of encashment as well as leave availed of.
(2) the total leave so encased during the entire career shall not exceed 60 days in the aggregate subject
to the condition that successive encashment cannot be made before a minimum period of two years has
elapsed; (3) the cash equivalent shall be calculated as follows namely:-

(4) No House Rent Allowance or Transport Allowance shall be payable;