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AIR-INDIA EMPLOYEES SERVICE REGULATIONS, 1963
These regulations may be called the Air-India Employees' Service Regulations, and define the conditions of service of the employees of the Corporation. They are based on a recognition of the fact that the Air Transport Industry is a public utility service which must operate round the clock on all days of the week.
Formation of Air India and Indian Airlines Corporation.--Historical background.--
By virtue of Sec. 3 of the Air Corporation Act, 1953 the Central Government by a notification published in the Official Gazette created two Corporations known as Indian Airlines and Air India International. Section 3(2) provided that each of the two Corporations would be a body corporate having perpetual succession and a common seal and subject to the provisions of the Act to acquire and hold property. Section 4 of the said Act provides for the Co
(i) These regulations shall come into force on and from the date of notification and shall apply to all employees of the Corporation on Indian scales of pay :
Provided that in respect of part-time or 1[substitute] employees, the 2[Managing Director] may, by general or special order, exclude or limit the application of any of these regulations.
(ii) Nothing contained in these regulations shall have the effect of altering the terms of any contract of employment which may exist between the Corporation and any of its employees, or the provisions of any special law for the time being in force in India or any other country.
In these regulations, unless the context otherwise requires:--
(a) "the Act" means the Air Corporations Act, 1953 (27 of 1953).
(b) "Corporation" means Air-India.
(c) "Chairman" means the Chairman of the Corporation.
(d) 2 ["Managing Director"] means the Managing Director of the Corporation.
(e) "Competent authority" means in relation to exercise of any power, the Corporation, the Chairman, the 2[Managing Director], Head of Department or any other officer specified in that behalf.
3[(f) "Head of Department" means, the Commercial Director, Financial Controller, 4[Deputy Managing Director], Controller of Stores and Purchases, 5[Controller of Civil Works and Prope
Subject to the provisions of Sec. 45 of the Act, the Corporation reserves to itself the right to modify , cancel or amend any or all of these regulations or orders issued thereunder and to give effect thereto from any date which the Corporation may deem fit.
The Corporation reserves to itself the right to interpret the meaning of these regulations and any supplementary regulations or orders issued thereunder, and such interpretation shall be final and binding upon all employees and every person interested therein.
All previous rules, regulations, rulings, orders or notices relating to any term or condition of service are hereby cancelled.
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1. Substituted by Notification dated 12.06.1965, for the word of "temporary".
2. Substituted by Notification dated 25.05.1974, for the words "General Manager".
3. Inserted. by Notification dated 12.06.1965.
4. Substituted by Notification dated 01.11.1975, for the words "Assistant Managing Director".
5. Inserted. by Notification dated 25.05.1974.
6. Inserted. by Notification dated 01.11.1975.
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The appointment of every person in a permanent vacancy shall be subject to his being certified medically fit by the Corporation's Medical Officer or any other Registered Medical Practitioner approved in this behalf by the 1[Managing Director]:
Provided that the 1[Managing Director] may, for reasons to be recorded in writing, approve of an appointment notwithstanding the medical opinion expressed, if he is satisfied that the disability reported is not likely to affect the occupational suitability of the employee.
2[(i) Every person appointed in or promoted to a permanent vacancy shall, before his confirmation in the post, be required to undergo probation for six months or twelve months as may be prescribed:
Provided that the stipulated period of probation may be reduced by the 1[Managing Director] at his discretion or, for reasons to be communicated in writing, extended by the competent authority.]
(ii) For the purposes of confirmation, increment and privilege leave, the period of probation shall be deemed to have commenced from the first day of the calendar month in cases where the employee joins duty on or before the 15th of that month, and from the first day of the following calendar month in cases where the employee joins duty on or after the 16th of that month.
All employees are liable to undergo training for such period or periods as may be prescribed by competent authority.
A permanent employee on confirmation and a temporary employee including a probationer, on completion of 12 months' continuous service, shall be required to subscribe to the Corporation's Provident Fund:
Provided that he may be wholly or partially precluded from so subscribing to the said fund, if he is required to subscribe to any other Superannuation or Pension Fund or a Statutory Provident Fund:
Provided further that the Corporation may, in its discretion, permit an employee employed on special contract to become a member of the said Fund on such terms as the Corporation may decide in each case.
(i) No employee shall enter or leave the Corporation's premises except by the gate or gates appointed for the purpose. While entering or leaving the premises of the Corporation, which includes an Aircraft or surface transport, he is liable to be searched by the Security Staff if, acting without malice, he is suspected of being in wrongful possession of the property belonging to the Corporation. Every search shall be conducted in the presence of not less than two persons and a female employee shall not be searched except by a female or in the presence of a male employee except with her consent.
(ii) All employees shall comply with the orders issued from time to time relating to attendance, hours of work, shifts, changeover, rest intervals or rest pauses and such other matters.
(iii) All employees shall be at work at the time and place fix
(i) Every employee, other than a member of the 3[Flight Crew and Cabin Crew] shall be allowed a weekly holiday. An employee required to work on a weekly holiday shall, subject to the provisions of the Factories Act or any other applicable law, be given a day off as substituted holiday, normally within 30 days following such holiday. The day off admissible under this regulation may, with the permission of the competent authority, be combined with a holiday or any leave.
(ii) The number of additional holidays allowed to employees in a calendar year shall not exceed 15, including holidays for Republic Day, Independence Day and Mahatma Gandhi's birthday. A list of such holidays will be published before the commencement of each calendar year. An employee who is required to work on such holiday shall be paid compensation where admissible in accordance with such provisions as may be laid
Subject to any general orders issued by the Central Government for application to employees of all Government undertakings, the Corporation shall have power to determine the scales of pay, allowances or other emoluments applicable to its employees from time to time as may be deemed necessary or desirable:
Provided that this power shall not be exercised in the case of the pay and allowances of the 2[Managing Director] and other categories of officers specified from time to time under sub-section (1) of Sec. 8 of the Air Corporations Act, 1953.]
The pay and allowances of an employee shall be effective from the date from which he joins the post to which he is appointed. If he joins the post before the rest interval, the pay and allowances shall be admissible from the same day and, if after the rest interval, from the following day.
(i) On appointment to a higher post, whether on a permanent or officiating basis, the basic pay of an employee in the lower grade shall first be raised by one increment in the scale applicable to the higher post and then refixed at the corresponding stage in that scale; Provided that--
(a) If the pay so raised is below the minimum of the higher scale, the pay shall be fixed at the minimum;
(b) if the pay so raised falls below the middle point between two stages, the fixation of pay in the higher scale shall be made at the nearest lower stage and the difference between the pay so fixed and the pay raised as above shall be allowed as personal pay to be absorbed in the next increment;
(c) if the pay so raised falls at or above the middle point between two stages, the fixation in the higher scale
[* * *]
(i) Pay and allowances of employees will be disbursed monthly on such dates and in such manner as the Financial Controller or other officer authorised by him may notify from time to time.
(ii) Except as provided in sub-regulation (iii), no employee will be entitled to receive his pay and allowances in advance of such date.
(iii) An employee proceeding on leave or tour, may, on the sanction of the competent authority, be paid in advance his pay and allowances for the month or months during which he is on leave or tour, if he is likely to be away from his headquarters on the date or dates appointed for disbursement of pay.
(i) Increments are dependent on business conditions as well as the conduct and ability of the employee and no increment within a grade accrues as of right or as a matter of course. The competent authority may on positive grounds grant or, for reasons to be recorded in writing, withhold an increment: Provided that no increment shall be withheld unless (a) the employee is informed in writing of the grounds on which it is proposed to withhold increment and (b) he has been given a reasonable opportunity of showing cause why his increment should not be withheld.
(ii) Where in a pay scale an efficiency or licence bar is prescribed, the increment next above the bar shall not be granted without the specific sanction of the competent authority.
Increments are automatic.--Regulation 15 makes the increments automatic unless there be reasons recorde
In any case where an employee has shown outstanding merit, or has displayed outstanding loyalty or devotion to duty, the 2[Managing Director] may, in his sole discretion, sanction to him advance increments not exceeding two. In such cases, the 2[Managing Director] will also indicate whether the dates of normal increments shall or shall not be affected.
(i) Subject to the general conditions laid down in regulation 15(i) and to the provisions of sub-regulation (ii) hereof, employees of such categories as may be specified by the Corporation shall be eligible for a secondary increment for every 3 years' service from the date on which they reach the maximum of their grade.
(ii) The rate of the secondary increment shall be at the rate of the increment last drawn by them and the number of such increments shall not exceed three in any one grade.]
An employee is liable to be sent on tours or be transferred from one post, department, or station to another, provided that his pay, grade and continuity of service are not adversely affected by such transfer and provided also that an unskilled employee shall not be transferred from one station to another outside the state except with his consent or on purely temporary basis.]
(i) Subject to the provisions hereinafter contained, an employee on transfer from one station to another shall be normally allowed joining time as follows.
(a) Seven days in the case of a permanent transfer.
(b) Three days in the case of a temporary transfer.
(ii) The joining time admissible as above shall be exclusive of days involved in the journey but inclusive of intervening Sundays and holidays.
(iii) However, in the case of temporary transfers, made with immediate effect, the employee concerned may be required to proceed immediately to the station of posting, in which case he will be allowed to return to his permanent station not earlier than 15 days from the date of arrival at the station of posting and shall thereafter be given 'off' in lieu
An employee shall be deemed to be on tour if he is required to proceed on duty to a place beyond a radius of 25 miles from his headquarters.
(i) An employee on transfer or on tour and his family where permitted, shall travel by air, sea, rail or road as may be required by competent authority.
(ii) All employees and their families travelling in the Corporation's aircraft under these regulations shall travel in the lowest class, but the 2[Managing Director] may, by general or special order and on such terms as he may deem appropriate, permit any employee or class of employees and their families to travel in any higher class.
(iii) The family of an employee permitted to travel by air under this regulation shall be entitled to the same facilities as the employees.
An employee on transfer or tour, as the case may be shall be entitled to such travelling and other allowances as the Corporation may lay down from time to time.
Subject to the conditions hereinafter laid down, employees will be eligible for the following types of leave:
(a) Casual leave
(b) Privilege leave
(c) Sick leave
(d) Special Sick leave
(e) Ex gratia Sick leave
(f) Disability leave
(g) Study leave
(h) Maternity leave
(i) Quarantine leave
(j) Sports leave
(k) Special Casual leave
(l) Extraordinary leave.
(i) No leave can be claimed as of right. The authority empowered to grant leave has the discretion to refuse, postpone, curtail or revoke leave according to the exigencies of service.
1[(ii) An employee may be required to take such privilege leave as the competent authority may decide on giving him reasonable notice. If leave so offered is not availed of by the employee, he shall forfeit it and his leave account shall be debited accordingly.]
(iii) All leaves shall be applied for in writing addressed to the competent authority. In case the application is for Privilege or Study Leave, such application shall be submitted at least 15 days prior to the date of commencement of leave.
(iv) Sundays or holidays may not be prefixed and/or suffixed to any type of leave except with the prior permission o
5[(1) Subject to the provisions of sub-regulation (2), an employee on Indian scale of pay shall be eligible to encash Privilege Leave in accordance with the following conditions, namely:--
(a) the encashment of Privilege Leave shall be allowed at option of an employee:
Provided that encashment shall not be allowed where leave cannot be granted in the interest of the Corporation;
(b) maximum period of leave that can be encashed shall be 50% of the Privilege Leave sanctioned to an employee subject to the condition that the employee actually proceeds on not less than fifteen days leave;
(c) encashment of Privilege Leave shall be allowed only once in a financial year;
(d) for the purpose of encashment of Priv
(i) An employee will be eligible for 10 days' Casual Leave with pay in a Financial year. A temporary employee with less than a year's service will be granted Casual Leave on pro rata basis.
(ii) Casual Leave shall not be accumulated nor shall it be combined with any type of paid leave other than leave admissible under Regulations 24, 24A, 25 and 28C.
(iii) Ordinarily, not more than 3 clays' Casual Leave will be granted at a time.
(i) An employee on completion of 12 months continuous service shall be eligible for 30 days, Privilege Leave with pay. On completion of the first 12 months' service, his privilege leave account shall be credited with 30 days and thereafter at the rate of 2 /2 days per month. In the case of Flight Crew, privilege leave accounts shall be credited at the end of each financial year with 30 days or proportionate number of days, as the case may be. The privilege leave may be accumulated up to 180 days.
(ii) For the purpose of determining the privilege leave entitlement, the following periods of absence shall not be counted as service:
(i) periods on loss of pay;
(ii) unauthorised absence;
(iii) study leave absence.]
(i) An employee other than 7[Flight Crew and Cabin Crew] will be eligible for 10 days' and Flight Crew and Cabin Crew for 14 days' sick leave with pay in a financial year. A temporary employee with less than a year's service will be granted sick leave on pro rata basis.
8[(ii) Sick Leave may be accumulated up to 120 days with full pay and may be availed of on half pay for double the period, i.e. 240 days.]
(iii) Sick Leave for a period exceeding 2 days shall be supported by a medical certificate of the Corporation's Medical Officer or of any other Registered Medical Practitioner whose certificate is acceptable to the competent authority :
Provided that in the case of employees governed by the Employees' State Insurance Act, a certificate of the Insurance Medical Practitioner will be required i
(i) Subject to the conditions hereinafter mentioned, Special Sick Leave will be admissible to employees at the rates and in the circumstances specified below:--
(a) To 9[Flight Crew] at the rate of 15 days with pay for each completed year of service to be computed from 1st August, 1953, or the dale of joining, whichever is later, in cases where the employee is suffering from any major or prolonged illness or where he has to undergo a surgical operation, or in the event of an accident involving personal injury.
10[(b) To all other categories of employees, at the rate of thirty days on half basic pay in respect of each completed year of continuous service, in cases where the employee is suffering from :
(i) tuberculosis,
(ii) leprosy,
The 11[Managing Director] may, in his discretion, grant or authorise any other officer to grant in deserving cases Ex-gratia Sick Leave as follows to permanent employees:--
(i) 30 days leave with half basic pay and half dearness allowance or foreign allowance as may be admissible, for every two years of completed service subject to a maximum of 60 days during the entire period of the employee's service.
(ii) Ex-gratia Sick Leave will commence only after an employee has exhausted all other categories of paid leave.
(iii) Deleted.
(i) An employee who is injured in and during the course of his employment, or who contracts any of the occupational diseases enumerated in Schedule III to the Workmen's Compensation Act, and is thereby temporarily disabled may, on production of a medical certificate acceptable to the competent authority, be granted disability leave with pay not exceeding 12[120 days] except in cases of employees who are covered by the Agreements with the appropriate Unions/Associations providing for grant of leave in excess of this limit. Such leave may also be granted in the event of an injury sustained by an employee while actually participating in any sporting event as a representative of the Corporation.
(ii) The grant of this leave is subject to the following conditions, namely:--
(a) that the accident or disease was not due to the employee's own n
Study Leave may be granted by the 13[Managing Director] in accordance with the procedure prescribed by the Corporation.
Where the local law applicable to a station does not provide for the grant of Maternity Leave to female employees, or where such employees are not covered by any scheme of Social or Health Insurance, permanent female employees may be granted Maternity leave with pay for a period which may extend up to 90 days.]
(i) An employee may, on production of a quarantine certificate issued by a Government or Municipal Medical authority or the Medical Officer of the Corporation, be granted quarantine leave with pay for a period not exceeding 30 days.
(ii) Quarantine Leave is to be granted in cases of cholera, small pox, plague, diphtheria, typhus fever, 15[measles] and cercbrospinal meningitis.
(iii) Quarantine Leave is not admissible in cases in which an employee himself is suffering from an infectious disease. In such cases, he will be given the normal casual; sick or privilege leave, as may be due.
An employee selected to represent the country or the State or the Corporation in any form of competitive sport or called for trials, test or training connected with/preceding such selection may, at the discretion of the competent authority, be granted Sports Leave with pay for such periods as may be necessary, but not exceeding 30 days in a financial year.
(i) The 13[Managing Director] may, subject to such conditions as he may prescribe, grant or authorise any other officer to grant, Special Casual Leave with pay to an employee who, being a representative of any association of the employees recognised by the Corporation, is required to attend its Annual General or Executive meetings or any International meetings or Conferences. The period of such leave on each such occasions shall be in accordance with the terms of the agreements, if any, with the respective associations but shall not, in any case, exceed 10 days at a time, inclusive of journey time. Any leave availed of in excess of this period shall be debitable to the normal casual leave or privilege leave account of the employee.
7[(ii) Any employee intending to undergo sterilisation operation under the family Planning Scheme shall be granted special casual leave with pay not exc
Any leave granted to an employee in excess of leave with pay admissible to him shall be without pay unless the 13[Managing Director], on compassionate grounds, permit any part or whole of such leave to be treated as leave with pay debitable to the employee's future leave account..
[Deleted]
Except as otherwise expressly provided in any of these Regulations, an employee shall, during the period of his leave with pay, be eligible for drawing his pay and such other allowances as the Corporation may prescribe from time to time.
1. Substituted by Notification dated 12.06.1965.
2. Substituted by Notification dated 25.05.1974.
3. Inserted by Notification dated 04.10.1980.
4. Substituted by Notification dated 25.05.1974, for the figures and words "90 days".
5. Inserted by Notification dated 18.02.1978.
6. Substituted by Notification dated 31.12.1977
7. Substituted by Notification dated 25.05.1974, for the word
In the event of death or disablement caused to an employee by an accident while on duty or in the event of loss or damage to the personal belongings caused while the employee is travelling on duty, the Corporation may pay compensation to him or, as the case may be, to his legal representative or representatives at such rates and on such conditions as it may lay down from time to time, unless such accident, loss or damage is attributable to his own negligence, default or breach of instructions.]
The Corporation may insure an employee who is a member of the flight crew or cabin crew or who is treated as such member for any specific flight or flights against risk of death or personal injury by accident in accordance with such scales and conditions as may be specified by the Corporation from time to time and in the event of his death or disablement by such accident, the Corporation shall subject to the said conditions, pay to him, or, as the case may be, to his legal representative or representatives the insurance amount which may become payable.]
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1. Substituted by Notification dated 25.05.1974.
2. Added by Notification dated 25.05.1974.
Every employee shall at all times maintain absolute integrity and devotion to duty and conduct himself in a manner conducive to the best interests, credit and prestige of the Corporation.
An employee shall be deemed to be a whole-time servant of the Corporation and shall not, without the express authority of the 1[Managing Director], directly or indirectly engage in any other business, occupation or employment, nor shall he, without such express authority, accept any fee, emoluments, commission, honorarium, gift, gratuity, or reward whatsoever from any other person.
No employee shall, except with the previous approval of the 1[Managing Director], in his own name or in the name of any other person:--
(a) own wholly or in part, or conduct or participate in the editing or managing of any newspaper or other publications, or
(b) participate in any radio broadcast or contribute any article to any newspaper or other publication :
Provided that no such approval shall be required if such broadcast or contribution is of a purely literary, artistic or scientific character or is made in the bona fide discharge of the employee's duties.
(i) Save as provided in sub-regulation (ii), no employee shall, except with the previous approval of the 2[Managing Director], give evidence in connection with any inquiry conducted by any persons, committees or authority.
(ii) Nothing in this regulation shall apply to evidence given:--
(a) in an enquiry before an authority appointed by Government, Parliament, State Legislature; or
(b) in any judicial inquiry; or
(c) in any departmental inquiry ordered by competent authority.
(iii) It shall also be the duty of every employee to give, when so required, all reasonable assistance to the Police, Customs and such other authorities and the Corporation's Security staff in the performance of their duties.
No employee shall be a member of or be otherwise associated with any political party or any organisation which takes part in politics, nor shall he take part in, subscribe in aid of or assist in any other manner, any political movement or activity.]
No employee shall join or continue to be a member of an association the objects or activities of which are prejudicial to the interests of the sovereignty or integrity of India or public order or morality.]
No employee shall engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or normality, or which involves contempt of Court, defamation or incitement to an offence.]
An employee shall avoid habitual indebtedness. He shall be liable to be discharged on being adjudged or declared insolvent.
An employee who applies to be, or is adjudged or declared insolvent, shall forthwith report the fact in writing to the Head of his Department.
(i) No employee shall, save in the ordinary course of business with a bank or a firm of standing, borrow money from or otherwise place himself under pecuniary obligation to any person with whom he is likely to have official dealings or permit any such borrowings or pecuniary obligation in his name or for his benefit or for the benefit of any member of his family:
Provided that he may accept or permit acceptance of a purely temporary loan of a small amount from a personal friend or relative or operate a credit account with a bona fide tradesman.
(ii) When an employee is appointed or transferred to a post of such nature as to involve him in a breach of sub-regulation (i), he shall forthwith report the circumstances to the competent authority and thereafter act in the manner directed by such authority.
The Managing Director may, at any time by general or special order, require an employee or any class or category of employee to furnish within a specified period, or at such specified intervals, a full and complete statement of such moveable and immoveable property held or acquired by him or on his behalf by any member or his family as may be specified in the order. Such statement shall, if so required by the Managing Director, include the details of the means by which or the source from which such property was acquired.]
No employee shall, except with the previous sanction of competent authority, have recourse to any court or to the press for vindication of any official act which has been the subject of adverse criticism or an attack of defamatory character:
Provided that nothing in this regulation shall be deemed to preclude an employee from vindicating his private character or any act done by him in his private/personal capacity.
No employee shall bring or attempt to bring any outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service in the Corporation.
No employee who has a wife living shall contract another marriage without previous sanction of the 1[Managing Director], notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him. Likewise, no female employee of the Corporation shall marry any person who has a wife living without obtaining such previous permission.
Any breach of these regulations shall be deemed to constitute a misconduct punishable as provided hereinafter. Without prejudice to the generality of the term 'misconduct', it shall deemed to include the following:--
(i) Wilful insubordination or disobedience, whether or not in combination with others, of any lawful and reasonable order of his superior, or commission of any act subversive of discipline or of good behaviour.
(ii) Participation in an illegal strike or abetting, inciting, instigating or acting in furtherance thereof.
(iii) Wilful slowing down in performance of work, malingering or abetment, or instigation thereof or interference with the work of other employees.
(iv) Theft, fraud or dishonesty in; connection with the business or proper
Any one or more of the following punishments may, for good and sufficient reason, be imposed by competent authority on any employee of the Corporation:--
(a) Censure.
(b) Fine as provided in the Payment of Wages Act where applicable.
(c) Withholding of increment.
(d) Recovery from pay of the whole or part of any loss caused to the Corporation by the employee's negligence, default or any breach of any regulations or orders.
(e) Suspension on loss of pay and allowances.
(f) Reduction to a lower grade of pay or lower stage in the time-scale of pay.
(g) Removal from service.
(
(i) An authority competent to suspend an employee under Regulation 43B, may also place him under suspension:--
(a) pending enquiry into misconduct alleged against him, or
(b) on his being apprehended or arrested in connection with any of the offences contemplated in clauses (iv), (v), (xi), (xx), and (xxiv) of Regulation 42.
Suspension pending enquiry shall not be deemed to be a punishment.
8[(ii) (a) An employee under suspension under sub-regulation (i) shall be entitled to draw subsistence allowance equal to 50% of his basic salary provided the said authority is satisfied that the employee is not engaged in any other employment or business or profession or vocation.
(b) In addition to the subsistence al
The power to award the 11[punishments] enumerated in Regulation 43 shall be exercisable by 12[and] to the extent specified in Schedule I.
3[(i) No punishment under Regulation 43 except censure, shall be awarded to an employee unless he has been informed in writing of the alleged misconduct and has been afforded an adequate opportunity of defending himself in accordance with the procedure laid down in this behalf in Schedule II.]
(ii) Notwithstanding anything contained in these Regulations, it shall not be incumbent upon the authority competent to impose a punishment to follow the procedure herein prescribed before imposing any of the penalties enumerated in Regulation 43 on an employee, when such employee has been convicted by any Court or Tribunal on a criminal charge involving moral turpitude or any penal action has been brought against him by the Customs Authorities under the Sea Customs Act or Rules made thereunder or by the appropriate authorities under the Foreign Exchange Regulation Act, 1947 or Rules made the
(i) Notwithstanding anything contained in these Regulations and if, in the opinion of the Corporation (the Beard of Directors of Air-India), it is not possible or practicable to hold an enquiry under the relevant provisions of these Regulations, the Corporation may, if satisfied that the employee has been guilty of any act of misconduct, impose in respect of such misconduct, any one of the punishments mentioned in Regulation 43 on the employee concerned :
Provided that before exercising this extraordinary power, the Board shall give 30 days prior notice to the employee concerned of the act of misconduct and the reasons why it is not possible or practicable to hold an enquiry into such misconduct, and the punishment proposed by the Board, and the employee shall be entitled to make a full written representation to the Board in response to such notice.
Subject to the condition that no appeal lies against the order imposing the punishment of 'censure', an employee who has been awarded any punishment shall have the right of appeal as indicated in Schedule I.]
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1. Substituted by Notification dated 25.05.1974, for the words "General Manager".
2. State of Punjab v. Kailash Nath, 1989 (1) C.L.R.60 at p.64 (SC).
3. Substituted by Notification dated 12.06.1965.
4. Inserted by Notification dated 15.07.1972.
5. The words "or at the work place" added by Notification dated 12.06.1965.
6. The words "on the premises of the establishment or at the work place" ad
(i) Subject to the provisions of sub-regulation (II) hereof, an employee shall retire from the service of the Corporation upon attaining the age of 58 years, except in the following cases when he/she shall retire earlier:--
(a) Any employee, upon becoming medically unfit for carrying out his/her duties;
(b) A member of the 1[flight crew and cabin crew] upon his licence endorsement being cancelled or withdrawn;
2[(c) An Air Hostess, upon attaining the age of 35 years or on marriage if it takes place within four years of service or on first pregnancy, whichever occurs earlier.]
3[(d) A Receptionist recruited on or after the 15th July, 1970 upon attaining the age of 40 years.]
4[(ii) The Managing Director ma
Notwithstanding anything contained in Regulation 46, the services of any employee, may, at the option of the 7[Managing Director] but on the employee being found medically fit, be extended by one year at a time beyond the age of retirement for an aggregate period not exceeding two years, 8[except in the case of Air Hostesses and Receptionists where the period will be ten years and five years respectively.
9[Note 1]: The amended Rules 46 and 47, will take effect from the 1st December, 1962. The employees who are on leave preparatory to retirement on the 1st December, 1962, will not be entitled to the benefit of the increased age of compulsory retirement unless they are permitted to resume duty after the Managing Director is satisfied that they are efficient and physically fit. Those employees who have already retired before the 1st December, 1962 or who are on refused leave on the
(a) The services of a permanent employee may be terminated without assigning any reasons to him/her and without and prior notice but only on the following grounds not amounting to misconduct under Service Regulation 42, namely:--
(i) if he/she is, in the opinion of the Corporation (the Board of Directors of Air-India) incompetent and unsuitable for continued employment with the Corporation and such incompetence and unsuitability is such as to make his/her continuance in employment detrimental to the interests of the Corporation ;
OR
if his/her continuance in employment constitutes, in the opinion of the Corporation (the Board of Directors of Air-India), a grave security risk making his/her continuance in service detrimental to the interests of the Corporation;
(i) No employee shall resign from the service of the Corporation except by giving such notice as he would have received under Regulation 48 if his services were to be terminated, or compensation in lieu of such notice, unless, at the request of the employee, the notice is waived or shorter notice accepted in writing by the competent authority. Such compensation shall be equivalent to the amount of the pay as defined in the Explanation to Regulation 48, which the employee would have drawn during the period by which the notice falls short of the prescribed period, and shall be deemed to be a liability owed to the Corporation for the purpose of Regulation 22(2) of the Air-India Employees' Provident Fund Regulations, 1954.
(ii) A resignation given under (i) above may be accepted with immediate effect or at any time before the expiry of the period of notice, in which case the employee s
(i) This Chapter shall be deemed to have come into force on the 2[1st April, 1960] and accordingly the benefits thereunder shall, subject to the other provisions of this Chapter, be admissible to employees who have ceased to be in service of the Corporation on or after that date.
(ii) The provisions of this Chapter shall not apply, and the benefits thereunder, shall not be admissible to or in relation to:
(a) temporary employees;
(b) employees on contract basis;
(c) employees appointed for a specific project;
(d) apprentices and trainees.
(iii) A person re-employed after retirement from the Corporation, or his beneficiary, shall not be entitled to claim any ben
Subject to the conditions hereinafter mentioned, an employee or his beneficiary as the case may be, shall be eligible for gratuity upon the employees ceasing to be in the service of the Corporation in any of the following circumstances, namely:--
(i) (a) retirement on or after attaining the age of superannuation, that is to say 30 years in the case of air hostesses and 58 years in other cases;
(b) on--
(1) retirement under regulation 46(ii);
(2) resignation, dismissal or removal from service, or
(3) termination of services (not being termination of services on medical grounds), after completion of continuous service of 5 years in the case of air hostesses and 15 years in other cases; excluding periods of
(i) The amount of Gratuity payable shall, subject to the provisions of sub-regulation (ii), be equal to one month's basic pay and Variable Dearness Allowance for every completed year of service, subject to a maximum of 15 months' basic pay and Variable Dearness Allowance or Rs. 50,000 whichever is less:
Provided that in the case of employees where 'continuous service' as defined in the Note under SR 46(ii) is treated as service in the Corporation qualifying for gratuity, the amount of gratuity payable will be determined with reference to the actual completed years of service rendered by the concerned employee in the Corporation.
Explanation:-- (1) 'Basic Pay' for the purposes of this regulation means, the average rate of basic pay applicable in the case, of an employee payable during the 12 months preceding the date of cessation of servi
(i) Every employee shall, as soon as may be after appointment in the Corporation, make a nomination in such form as may be prescribed by the 4[Managing Director] conferring on one or more persons the right to receive any gratuity that may be sanctioned under these Regulations, in the event of his death while in service or before it has been paid. Provided that if at the time of making the nomination, the employee has a family the nomination shall not be in favour of any person other than the members of his family.
(ii) If a member nominates more than one person under sub-regulation (i), he shall specify in the nomination the amount of share payable to each of the nominees in such manner as to cover the whole of the amount payable as Gratuity.
(iii) An employee may at any time cancel, or modify a nomination by notice in writing:
(i) Such categories of employees as may he specified from lime to time shall, while on duty, wear uniforms supplied to them.
(ii) Employees who have been supplied with uniforms under Sub-Regulation (i) above shall exercise proper care in preserving them in good condition. Uniforms will, at all times, remain the properly of the Corporation and must be returned in the event of an employee ceasing to be in its service.
An employee shall, on ceasing to be in the service of the Corporation, give proper account of all property of the Corporation in his possession, custody or charge. Failure to comply with this regulation will result in such amount, as may be decided by the competent authority, being deducted from the salary or any other sums of money due to him from the Corporation. The amount so determined is also liable to be treated as a liability owing by him to the Corporation for the purposes of Regulation 22(2) of the Air-India Employees' Provident Fund Regulations, 1954.
No employee shall, without the previous consent in writing of the competent authority apply for a patent or exclusive privilege in respect of any invention under any enactment, if such invention is made by him when in the service of the Corporation and he shall, in the event of a patent or exclusive privilege under any such enactment to make, sell and use such invention, or allow others to do so, being granted to him, gram to the Corporation the unqualified right to adopt and use the said invention without its being obliged to pay any royally or other consideration therefor. He shall not assign charge or transfer in any manner whatsoever his original or any extended patent or exclusive privilege in respect of the said invention, without the previous consent in writing of the competent authority and without providing for the unqualified use, free of charge to the Corporation, of the said invention and further he shall, on dema
(i) In the event of a fire, catastrophe, breakdown of machinery, stoppage of supply of power or aviation spirit, epidemic, civil commotion or other cause beyond the control of the Corporation, the 1[Managing Director] may, at any time without notice or compensation in lieu of notice, stop any machine, or close down any section or department, wholly or partially, or the whole or part of the establishment, for such period as may be deemed necessary.
(ii) In the event, however, of the stoppage or cancellation of air services due to circumstances beyond the control of the Corporation, the 1[Managing Director] may, at any time, close down any machine, section or department affected by such stoppage or cancellation. The fact of such stoppage or closure shall be notified on the Notice Board.
(iii) In the event of a stoppage under sub-regulation
The 1[Managing Director] may, due to the curtailment of services or of other work of the establishment lay off employees for a period not exceeding six days in the aggregate (excluding statutory holidays) in any month provided that seven days' notice is given. An employee laid off under this regulation for more than five days in a month may, on being laid-off, leave his employment on intimation of his intention to do so.
(i) In cases where employees are laid off under Regulations 53 and 54, they shall be considered as temporarily unemployed and the period of such unemployment shall be treated as leave with pay to the extent such leave is admissible and leave without pay for the balance of the period. When, however, employees have to be laid off for an indefinite period exceeding two months, their services may be terminated after giving them due notice or pay in lieu thereof.
(ii) The services of employees who have been discharged in accordance with the foregoing Sub-Regulation (i) shall, on their re-employment, be treated for the purpose of calculating length of service, as continuous, provided that they are re-employed within six months from the dale on which their services were terminated.
In the event of a strike affecting either wholly or partially any section or department of the Corporation, the 1[Managing Director] may close down, either wholly or partially, such section or department and any other sections or departments affected by such closure and for any period or periods without prior notice. The fact of such closure shall, as soon as practicable, be notified by notices displayed on the notice boards in the departments concerned and at the gate or gates appointed under Regulation 11, or at or near the main entrance to the establishment and in the Time-keeper's office. The employees shall be notified as to when work will be resumed by notices displayed at the places mentioned above, not later than twenty-four hours before the actual resumption of work.
Claims for lay-off compensations or retrenchment benefits under Regulations 53 to 56 or termination benefits under Regulation 48 shall be decided in accordance with the provisions of the Industrial Disputes Act where applicable.]
Disciplinary and Appellate Authorities
(See regulations 43B and 45)
Sr.No. Authority empowered Nature of Punishment under Regulation 43 Employees on whom Punishment can be imposed Appeal lies to
(1) (2) (3) (4) (5)
I. COMMERCIAL DEPARTMENT:
1. Commercial Director Any or all To any employee not above the grade of Establishment Officer or its equivalent. Managing Director.
(a) to (e) To any employee not above the grade of Commercial/Regional Manager or its equivalent. Managing Director.
(a) To any employee in a grade higher than the grades specified above. Managing Director.
[See Reg. 44(i) ]
Where disciplinary action is to be taken against an employee under Regulation 44, the following procedure shall be followed.
12[1A. Competent Authority:
For the purposes of this Schedule, 'Competent Authority' in relation to any employee specified in column 4 of Schedule I, means the authority or authorities specified in the corresponding entry in column 2 of the said Schedule I.]
I. INVESTIGATION
2. When the competent authority receives any information or a report indicating that an employee has committed a misconduct, he may cause an investigation to be carried out to ascertain whether there is a case for further action, unless he is satisfied that a prima facie case exists against the
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