APMDC

SERVICE RULES OF THE CORPORATION

Application
These Rules shall come into force with immediate effect and shall apply to every whole time employee of the Corporation provided that :

  • nothing in these rules shall apply to staff employed temporarily either on daily wage basis or monthly consolidated salary /  wages or to any adviser, officer or other staff recruited on special contracts, or to any officer or staff whose services are lent by the Government to the Corporation on foreign service in so far as they relate to the terms and conditions laid down at the time of their deputation to the Corporation.

  • nothing in these rules shall apply to a worker as  defined in the Mines Act, 1952 working in the units who will be governed by the provisions in the Mines Act, rules and regulations.
  • nothing in these regulations shall apply to a worker as defined in the Factories Act, 1948 working in the units who will be governed by the provisions in the  Factories Act, rules and regulations thereof.
Definition
In these rules unless there is anything repugnant in the subject or context:

A) Board means the Board of Directors of the Corporation and in relation to any powers excisable by it, includes any Committee.

B) ‘Corporation ‘ means Andhra Pradesh Mineral Development Corporation Limited.

C) Employee ‘means any person employed by the corporation but doesn’t include persons employed on daily wage, contract basis,
or on casual basis or on part-time basis.

Temporary employee  is a person employed for a work of temporary nature for a limited period of time which is necessary may be extened.

D) Vice-Chairman & Managing Director in relation to any powers exercisable by him includes any Director or officer who is authorized to exercise the powers and functions of the Vice-Chairman & Managing Director during the temporary absence of the Vice-Chairman & Managing Director.

E) ‘ Duty ‘ includes:

    1. Services as probationer
    2. Period during which an employee is on joining time and
    3. Period spent on leave duly authorized.

F) ‘ Pay ‘ means the amount drawn monthly by an employee as :

    1. The pay which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre.
G) Substantive  pay : means the pay to which an employee is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre.

H)‘ Special Pay ‘ means an addition in the nature of pay to the emoluments of a post or of an employee granted in consideration of

I) The specially arduous nature of the duties or

ii. a special addition to the work of responsibility.

i. ‘ Deputation pay’ means an addition in the nature of pay to the emoluments of a post or of an employee granted in consideration of the services lent to the corporation.

J) ‘ Personal pay ‘ means an additional pay granted to an employee:
    1. to service him from a loss of substantive pay in respect of permanent post due to a reversion to any reduction of such substantive pay otherwise than as a disciplinary measure; or
    1. in exceptional circumstances on each other personal considerations.


K)‘ Compensatory ‘ allowance ‘  means an allowance granted to meat expenditure necessitated by the special circumstances in which duty is performed.
  1. ‘ Family ‘ includes the wife, husband as the case may be residing with the employees, dependent and legitimate children including step children or legally adopted children residing with and wholly dependent on the employee.
Change of rule
Any new rule of alternation in the existing rule shall be issued in the form of a circular for circularation among the employees.

Provided that no new rule or alternation in an existing rule shall operate to reduce the scale of pay of an employee in which he is entitled to draw in substantive capacity on the day the new rule or alternation comes into force.
Power to interpret & implement rules
The power to interpret the Rules vests in the Vice-Chairman & Managing Director who is also here by empowered issue such administrative instructions as may be necessary to give effect to, and carry out the purposes of provisions of these rules or generally to secure effective control over the employees.
            Provided that if as a result of any decision of the Vice-Chairman & Managing Director, as regards interpretation of the construction of any regulation or regulations, an employee feels aggrieved, he shall have a right to appeal against such decision or the Vice-Chairman & Managing Director to the Board whose decision shall be final and binding on all concerned.
Delegation of powers to the vice-chairman & MD
  • The Board shall sanction from time to time the number of posts and prescribe the qualifications there for and fix the pay scales, and may delegate any of its powers to the Vice-Chairman & Managing Director.
    1. The Vice-Chairman & Managing Director may, subject to such restrictions and or so long as he may deem fit, delegate to any employee appointed by the Recruitment Committee or Chairman and Vice-Chairman & Managing Director or by himself, any of the powers conferred on him under these rules.
    Appointment, Probation & Termination of services
    Appointment: The Board shall sanction from time to time the number of posts in all categories and prescribe the qualifications there for and fix the pay scales and may delegate any of its powers to the Vice-Chairman & Managing Director and /  or Chairman.

    Notwithstanding anything contained in the Rules, the Vice-Chairman & Managing Director may sanction posts carrying a scale of pay up to and inclusive of Rs. 900-40-1300-50-1500/- by the Board.  Vice-Chairman & Managing Director shall have all powers regarding service promotions, creation / up-gradation of posts and disciplinary matters
    Temporary employee
    Notwithstanding anything contained in these rules the Vice-Chairman & Managing Director may make appointments on temporary basis whenever the circumstances so require in cases of urgent necessity.

    The terms and conditions of service of the temporary employees shall be determined by the Vice-Chairman & Managing Director, but in no case shall the terms and conditions so determined be more favorable than those laid down in these rules for an appointment carrying equivalent status or responsibility.  The Vice-Chairman & Managing Director or any officer who is authorized by him shall be competent at any time without notice and without assigning reasons.
    Power of appoint
  • The appointments in the service of the Corporation in the scale of Rs. 900-40-1300-50-1500/- and below shall be made by Vice-Chairman & Managing Director and in respect of the posts carrying pay scale above Rs. 900-40-1300-50-1500/-  shall be made by the Chairman and Vice-Chairman & Managing Director and posts carrying salary of Rs. 2000/- and above the Bureau of public Enterprise (A.P)
  • The Vice-Chairman & Managing Director as against the sanctioned post by the competent authority shall be empowered to take Government employees or employees of the State undertakings on deputation.
  •           
  • The appointment authority can relax educational qualifications and regarding reservation of vacancies for schedule castes, schedule tribes and backward classes etc.  for recruitment in the service of the corporation
  • Certificate of health
    No person shall be appointed to the service of the corporation unless he  has been qualified medical practitioner approved by the corporation to be sound constitution and medically fit.
    Age
  • The age of person at the time or his first appointment to the service or the corporation shall be as follows:

    1. In the case of officers such as the Board may approve having regard to the qualifications and experience required from the candidate and

     

    b.         In other cases 30 years.

    Provided that the appointing authorities may appoint persons by relaxing the age in case experienced and qualified staff.

  • Grant of increments

    The appointing authority may sanction advance increments and a higher start not exceeding 8 advance increments in the sanctioned scale at the time of appointment.  The sanction or more than 8 advance increments by Vice-Chairman & Managing Director / Chairman and Vice-Chairman & Managing Director shall be subject to the approval of the standing services & Recruitment Committee and if the recruitment is by standing services and Recruitment committee, the approval shall be of the Board.

    Re-appointment in corporation services

    No person who has been dismissed from the service of the Government or a statutory body or a Government company or has resigned from the service of the Corporation may be re-employed without the specific prior approval of the Board.

    Commencement of services

    Except as otherwise provide by or under these rules service of an employee shall be deemed to commence from the working day on which he reports to duty in an appointment covered by these rules at the place and time in timed to him by the Vice-Chairman & Managing Director provided he reports before noon, otherwise the service shall Commence from the next following working day.

    Definition of services

    ‘ Service ‘ includes the period during which an employee Is on duty as well as on leave duly authorized by the Vice-Chairman & Managing Director but does not include any period during which an employee is absent from duty without permission or overstays his leave unless specifically ratified by the Vice-Chairman & Managing Director.

    Period of probation

    An employee directly recruited to the corporation’s service shall be required to be on probation for a period, which shall subject to Rule 17 be not less than one year and not more than 2years. After satisfactory completion of the probation period, and employee shall be confirmed in that post.

    Discharge from service during probation
  • i)During the probation period an employee shall be liable to be discharged from the service without notice or assigning any reason therefore.

     

    ii)Such power to discharge an employee from service during probation will be exercised by the Vice-Chairman & Managing Director.

  • Extension of probation

    He may at the discretion of the Vice-Chairman & Managing Director extend the period of probation of an employee, as fixed at the time of his appointment but in no case shall the period of extension exceed one year.

    Termination of service by notice
  • An employee shall not leave or discontinue his service in the corporation without first giving notice to the Vice-Chairman & Managing Director in writing of his intention to leave or discontinue the service.       The period of notice required shall be

    1. During probationary period-one month.
    2. After satisfactory completion of probation.

     

      1. 2 months in the case of officers.
      2. One month in the case of employees other than officers.

    In case of breach by an officer/employee of the provisions of this sub-rule he shall be liable to pay to the corporation as compensation a sum equal to his pay (Includes D.A ) for the period of notice required of him provided the payment of such compensation may be waived by the Vice-Chairman & Managing Director.

    2.         The corporation may terminate the service of an employee after expiry of the period of his probation on giving him.

    1. Two months notice or one month’s pay in lieu thereof in case of officers.
    2. One month’s notice or one month’s pay in lieu there of for the employee other than officers.

     

    The power to terminate the services of employee including officer’s drawing in the scale of Rs. 900-40-1300-50-1500/- by the Vice-Chairman & Managing Director and with the approval of the appointing authority / board as the cased may be for the other category.

      1. Nothing in sub-rule (2) shall effect the right of the corporation.

     

    1. to retire or dismiss an employee without notice or pay in lieu thereof in accordance with the provisions of Rules 20 and 24 and

     

    1. to terminate the service of an employee without notice or pay in lieu thereof on his being certified by a qualified medical practitioner to be permanently incapacitated for further continuous service in the corporation.

    Explanation I: The expression ‘ month ‘ used in this rule shall be reckoned
    According to English calendar and shall commence from the day following that on which notice is given by the employee or the corporation as the case may be.

                Explanation II : A notice given by an employee under sub-rule (i) shall be deemed
    to be proper only if he remains on duty during the period of the notice, and an employee shall not be entitled to set off any leave earned and not availed of by him against the period of such notice.

    Explanation III:          If employee to whom notice is given by the corporation in pursuance of Rule 17 absents himself from duty without permission during the period of notice, he shall not be entitled to receive any pay or allowance for the period of such absence and shall also be liable to such further penalties as the Vice-Chairman & Managing Director may deem fit to impose.

  • Superannuation and retirement

    (Amended vide 173rd meeting of the Board of Directors held on 29.10.1984) Every employee shall retire at 58years of age.

    Explanation:

    a) The maximum limit of a vailment Earned leave for retirement shall be 180 days in respect of corporation employees.

    The maximum limit of encashment of earned leave at the credit of a corporation’s employee on the date of retirement shall be 180days.

    Record of service

    Preformed of confidential reports for each officer and other employees will be evolved by the Vice-Chairman & Managing Director which should be based on tasks and targets to be achieved and qualitative as well as quantities assessment of the fulfillment of these tasks and targets.

    Seniority

    An employee confirmed in the Corporation’s service shall rank for seniority in his grade according to the date of confirmation in grade and an employee on probation according to the length of his probationary service, provided that a person who, in view of his qualifications and previous experience is granted initial increments in a grade at the time of his appointment, may at the discretion of one year for every two increments granted to him.

    Promotions

    All Promotions shall be made by the Vice-Chairman & Managing Director on the basis of merit, seniority and other relevant considerations, provided the employee put in a minimum service of two years in the same post subject to relaxation on merits of each case by the competent appointing authority. No employee shall have a right to be promoted in a particular post or grade.

    Reversion
  • 1.An employee transferred in an officiating from one post to another or appointed in a grade higher than his substantive grade shall be liable to be reverted without notice at any time within one year of such transfer or appointment.

    2.         An employee who has been appointed to officiate in a higher grade or appointment or whose confirmation in a higher grade of appointment is subject to his undergoing probation for any specified period or otherwise shall be liable to be reverted without notice at any time, when he is so officiating or undergoing probation.

    3.         Nothing in sub-rule (1)or (2) shall affect the provisions of rule 24 of the conduct rules taking disciplinary action.

  • All employees to be graded
    Every employee shall have a post in one of the grades referred to an appendix-I which will be considered as his substantive grade and to which he shall revert when he is not:

    A. Under suspension
    B. On leave or deputation or
    C. Holding temporary post or is officiating in another grade Vice-Chairman & Managing Director is empowered to upgrade / promote any employee from the existing grade to the next higher start, as and when the employee deserves it, by merit, performance, qualifications and other relevant considerations.

    Adjustment of pay on charge or charges when taken effect

    Every employee shall have a post in one of the grades referred to an appendix-I which will be considered as his substantive grade and to which he shall revert when he is not:

    a. Under suspension

    b. On leave or deputation or

    c. Holding temporary post or is officiating in another grade Vice-Chairman & Managing Director is empowered to upgrade / promote any employee from the existing grade to the next higher start, as and when the employee deserves it, by merit, performance, qualifications and other relevant considerations.

    Pay when accrues and become payable

    Subject to the provisions of these rules, pay and allowances shall accrue from the commencement of the service of an employee, and shall become payable on the afternoon of the last working day of each month in respect of the service performed during the said month.

    Pay when not payable for a part of a month

    Pay shall not be payable for a part of a month to an employee who leaves or discontinues his service without due notice during a month, unless such notice has been waived by the Vice-Chairman & Managing Director as the case may be.

    Pay when ceases to accrued

    Pay and allowances shall cease to accrue as soon as an employee ceases to be in service. In the case of an employee dismissed from the corporation’s service, they shall cease from the date of his dismissal order takes effect. In the case of an employee who dies while in service, they shall cease from the day following that day on which the death occurs.

    Employees on Transfers

    Where an employee is transferred from one post to another, he shall during interval of duty between the date of his handing over charge of his old post and the date of his taking over charge of the new post; drawn the pay and allowances of the old or the new post, whichever are less.

    Admissibility of allowances

    i) In a timescales, the increments shall accrue on completion of one year of duty for each stage of that scale. Acting service in a higher grade will count for increments if an employee’s substantive grade as well as in the higher grade in which he is acting and there is an intermediate grade between the two in which he would have officiated had he not been appointed to officiate in the higher grade, also in the intermediate grade, but the period during which unless so authorized by the Vice-Chairman & Managing Director for reasons to be recorded in writing.

    ii) Sanction to draw increments will be given by the Vice-Chairman & Managing Director.

    iii) No increment may be with held except as a disciplinary measure and each order withholding an increment shall state the period for which it is withheld and whether the post-ponement shall have the effect of postponing future increments.

    Increments

    i) In a timescales, the increments shall accrue on completion of one year of duty for each stage of that scale. Acting service in a higher grade will count for increments if an employee’s substantive grade as well as in the higher grade in which he is acting and there is an intermediate grade between the two in which he would have officiated had he not been appointed to officiate in the higher grade, also in the intermediate grade, but the period during which unless so authorized by the Vice-Chairman & Managing Director for reasons to be recorded in writing.

    ii) Sanction to draw increments will be given by the Vice-Chairman & Managing Director.

    iii) No increment may be with held except as a disciplinary measure and each order withholding an increment shall state the period for which it is withheld and whether the post-ponement shall have the effect of postponing future increments.

    Advance / incentive increments

    The Vice-Chairman & Managing Director may, in deserving cases grant advance/incentive increments not more than 2 at a time.

    Fixation of pay on promotion

    a) On promotion from one grade to another, the pay of an employee shall be initially fixed at the next above stage in the higher grade o he is already drawing salary equal or more than the basic pay of the higher scales.

    b) On an enhancement in the substantive pay as a result of increment or otherwise, the pay of such corporation’s Employees shall be refixed from the date of such enhancement as if he was appointed to officiate in the post on that date where such refixation is to his advantage.

    Officiating pay

    An employee who is appointed to officiate in a higher grade shall so long as he shall officiate on such a grade shall so long as he shall officiate on such a grade, draw in officiating pay equal to the minimum of the grade of the post in which he is appointed to officiate. In case his substantive pay is equal or higher than the minimum of the officiating post, he will draw his officiating pay at the stage of the time-scale next above his substantive pay.

    Fixation of pay on revision of pay scale

    When pay scales are revised, the initial pay of an employee be fixed:

    A. In case his substantive pay in the old scale is lower than the minimum of the senior to which he is transferred at the minimum of the new scale.

    B. In other case, at a stage which is equal to his substantive pay, in the old scale on if there is no such stage in the new scale, the stage next above.

    Deputation of employees

    The corporation may take the services of the State/Central Government employees and other state/other public sector undertakings in service of the corporation on deputation subject to terms and conditions of the parent departments and approval of the appropriate authority and subject to the corporation agreeing to such terms and conditions.  The terms and conditions subject to which an employee may be permitted:-

    a).        to join military service shall be determined by the board.

    b)         To join service of another organization or organizations deputation shall be as detailed below:

     

    i) Foreign Service:

                The service of the employees of the corporation may be lent to any other corporation or Government on such terms and conditions as are prescribed hereafter and subject to the foreign employee agreeing terms and conditions.

    ii) Vice-Chairman & Managing Director shall be the competent authority to approve the deputation of employee from the corporation and the period thereof.

    iii) The order specifying the deputation shall contain the period of deputation, which shall not be more than three years at a time.  The competent authority extend such period by another year provided that at the end of such service the foreign employer shall either absorb the employees in its service or revert him to  the corporation.

    iv) Pay & Allowances: The foreign employer shall, during the period of foreign service, allow the corporation employee pay and allowance as mentioned below:

    BASIC PAY: A.        The grade pay admissible to him from time to time in corporation
                            Service.
    B.        If it is proposed to allow pay in the Foreign Service scale of pay, the pay in that scale should be fixed in such a manner that it should not exceed the basic pay in the parent department. (By more than the amounts shown below:-)

    a)         For employees in receipt of                 25% of basic pay or Rs. 225/- which ever is
                Basic pay above Rs.750/-                    more
               
    b)         For employees in receipt of                 30% of basic pay or Rs.100/- which ever is
                Basic pay above Rs.300/-                    more
                Up to Rs.750/-

    c)         For employees in receipt of                 33 1/3% of basic pay
                Basic pay and below Rs.300/-                       

    v)         Leave Salary Contribution:

                The foreign employer shall bear the salary and allowances for the period of leave accumulated during the foreign service and for this purpose, shall pay leave salary contribution as prescribed by the corporation.  The actual payment shall be made by the corporation.

    Vi)       The foreign employer shall ordinarily grant the earned leave subject to the approval of the corporation and certification of title.  The leave accrued during the period of Foreign Service shall be added to the credit of employee in his leave account with the corporation.

    vii)       Provident Fund contribution: When the employee is a member of provident fund the foreign employer shall bear the employer’s contribution in respect of the employer and shall deduct the employees contribution from his salary at the applicable rates.  The employer and employee’s contributions collected as above shall be paid by the foreign employer as directed by the corpn.

    viii)      Gratuity: If the employee is eligible for gratuity the foreign employer shall pay to the corporation gratuity contribution at the rate of 15 days salary per year’s service during the employee’s service with them.

    ix)        Bonus: The employees on foreign service shall become entitled to such bonus as may be declared by the foreign employer and as applicable to the pay and allowance earned by him during such employment.

    x)         The foreign employer shall allow benefits such as medical reimbursement, traveling allowance etc., which shall not be less favorable than the benefits under the Corporation’s service.

    xi)        The foreign employer shall recover and pay to the corporation any advances or dues outstanding against the employee at the time employee is lent on Foreign Service.

    xii)       The foreign employer shall not, except with concurrence of the corporation, forward applications of the employees for outside employment.

    xiii)      The foreign employer shall forward such particulars of service and any confidential reports as may be required by the corporation.

    xiv)      Encashment of leave: During the period of foreign service the deputationist may be allowed to encash the leave under the corporation’s rules, and the foreign employer should initially bear the expenditure of such leave and get the expenditure re-imbursed from the parent Organization.

    xv)       Leave Travel Concession: During the period of foreign service the deputationist may be allowed the leave travel concession as per the parent corporation from time to time and the liability in respect of such Traveling Allowance shall be borne by the Foreign employer in full.  However, the leave allowance for the purpose of Leave Travel Concession shall be borne by the parent organization.

    xvi)      Joining time & Joining Time pay: The foreign employer shall allow the corporation’s employee joining time as admissible under the corporation’s rule for joining the post in foreign service, and on reversion there from and shall also allow pay during such periods at the rates admissible under the rules of the parent organization.

    xvii)     Leave: During the period of foreign service, the corporation employee shall be subject to the leave rules by which he is governed in corporation’s service.

    xix)      General: The foreign employer shall pay arrears claimed, if any that may be pointed out by the corporation on account of the corporation’s employee owning the revision of pay and allowance while on foreign service.  The above rules will take immediate effect.

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    Appeals

    Appeals by the aggrieved employees shall be made to the following authority.

    Appointing Authority:

    Vice-Chairman & Managing Director             |
    Chairman & Vice-Chairman & Managing Director    | Appeal ate authority to Board.
    Standing services & Recruitment Committee             |

    Repeals and Savings

    On the commencement of these Rules, the A.P Mineral Development Corporation Limited Service Rules, 1962 shall cease to be in force except that appointment made things done or omitted to be done, rights created before such commencement shall so far as may be practicable, have the same force or effect as if they had been made, omitted to be done or created under these rules.