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The Railway Employee » Descipline-and-appeal-rules-dar » GENERAL (PART I)

GENERAL (PART I)

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THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES, 1968

(In exercise of the powers conferred by the proviso to Article 309 of the Constitution)

PART I
GENERAL

1. Short title and commencement.-

  1. These rules may be called The Railway Servants(Discipline and Appeal) Rules, 1968.
  2. They shall come into force on the 1st day of October, 1968.

Published with the Ministry of Railways (Railway Board) Notifications-

  1. No.E(D&A)66 RG6-9 dated 22nd August 1968
  2. No.E(D&A)66 RG6-9 dated 10th April 1969
  3. No.E(D&A)67 RG6-13 dated 7th April 1971
  4. No.E(D&A)70 RG6-63 dated 9th June 1971
  5. No.E(D&A)70 RG6-60 dated 19th October 1971
  6. No.E(D&A)70 RG6-41 dated 21st October 1971
  7. No.E(D&A)70 RG6-43 dated 12th November 1971
  8. No.E(D&A)70 RG6-52 dated 25th March 1972
  9. No.E(D&A)70 RG6-69 dated 17th November 1972
  10. No.E(D&A)69 RG6-9 dated 5th February 1973
  11. No.E(D&A)71 RG6-40 dated 13th July 1973
  12. No.E(D&A)75 RG6-35 dated 5th April 1977
  13. No.E(D&A)77 RG6-36 dated 7th July 1978
  14. No.E(D&A)78 RG6-54 dated 29th November 1978
  15. No.E(D&A)77 RG6-30 dated 7th April 1978
  16. No.E(D&A)79 RG6-26 dated 17th August 1979
  17. No.E(D&A)79 RG6-12 dated 25th October 1979
  18. No.E(D&A)78 RG6-61 dated 22nd November 1979
  19. No.E(D&A)79 RG6-39 dated 31st December 1979
  20. No.E(D&A)78 RG6-11 dated 6th February 1980
  21. No.E(D&A)81 RG6-72 dated 31st August 1982
  22. No.E(D&A)81 RG6-63 dated 10th August 1983
  23. No.E(D&A)81 RG6-54 dated 31st May 1984
  24. No.E(D&A)82 RG6-29 dated 30th March 1985
  25. No.E(D&A)83 RG6-45 dated 13th June 1985
  26. No.E(D&A)80 RG6-25 dated 20th January 1986
  27. No.E(D&A)85 RG6-16 dated 20th March 1987
  28. No.E(D&A)83 RG6-14 dated 28th August 1987
  29. No.E(D&A)87 RG6-47 dated 26th October 1987
  30. No.E(D&A)87 RG6-146 dated 10th May 1988
  31. No.E(D&A)88 RG6-43 dated 12th August 1988
  32. No.E(D&A)84 RG6-44 dated 20th October 1989
  33. No.E(D&A)88 RG6-38 dated 16th November 1989
  34. No.E(D&A)90 RG6-112 dated 16th November 1990
  35. No.E(D&A)91 RG6-42 dated 8th June 1991
  36. No.E(D&A)90 RG6-117 dated 19th September 1991
  37. No.E(D&A)89 RG6-80 dated 20th January 1992
  38. No.E(D&A)90 RG6-112 dated 22nd October 1992
  39. No.E(D&A)92 RG6-148 dated 9th November 1992
  40. No.E(D&A)92 RG6-166 dated 11th January 1993
  41. No.E(D&A)93 RG6-94 dated 23rd June 1994
  42. No.E(D&A)93 RG6-94 dated 13th August 1997
  43. No.E(D&A)92 RG6-151 dated 6th November 1997

 

2. Definitions.-

In these rules, unless the context otherwise requires -

(a) "appointing authority" in relation to a railway servant means -

  1. the authority empowered to make appointments to the service of which the railway servant is, for the time being, a member or to the grade of the service in which the railway servant is, for the 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 Railways, the authority which appointed him to that service or to any grade in that service or to that post:

Whichever authority is the highest authority.

See clarification for Appointing Authority vide letter No. E(D&A)2002 RG 6-36 dated 25.11.2002 (RBE No. 211/2002)

(b) "Commission" means the Union Public Service Commission,

(c)"disciplinary authority" means-

  1. in relation to the imposition of a penalty on a Railway servant, the authority competent, under these rules, to impose on him that penalty;
  2. in relation to Rule 9 and clauses(a) and (b) of sub-rule (1) of Rule 11 in the case of any Gazetted Railway Servant, an authority competent to impose any of the penalties specified in Rule 6;
  3. in relation to Rule 9 in the case of any non-gazetted railway servant, an authority competent to impose any of the major penalties specified in Rule 6;
  4. in relation to clauses (a) and (b) of sub rule (1) of Rule 11, in the case of a non-gazetted railway servant, an authority competent to impose any of the penalties specified in Rule 6.

(d) "head of the department" for the purpose of exercising the powers as appointing, disciplinary, appellate or revising authority, means the authority declared to be head of the department in terms of clause (21) of Rule 103 of Volume I of the Indian Railway Establishment Code (Fifth Edition-1985);

(e) "Railway servant" means a railway servant as defined in clause 43 of Rule 103 of Volume 1 of the Indian Railway Establishment Code (Fifth Edition-1985) and includes any such railway servant on foreign service or whose services are temporarily placed at the disposal of any other department of the Central Government or a State Government or a local or other authority;

(f) "Service" means a service under the Ministry of Railways;

(g) "Schedule" means a schedule appended to these rules.

(2) All other words and expressions used but not defined in these rules and defined in the Indian Railways Act, 1890(9 of 1890) shall have the meanings respectively assigned to them under that Act.

 

3. Application.-

(1) These rules shall apply to every railway servant but shall not apply to -

  1. any member of the All India Services;
  2. any member of the Railway Protection Force as defined in the Railway Protection Force Act, 1957 (23 of 1957);
  3. any person in casual employment ; and
  4. any person for whom special provision is made, in respect of matters covered by these rules by or under any law for the time being in force or by under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions.

(2) Not withstanding anything contained in sub rule (1), the President may, by order, exclude any class of railway servants from the operation of all or any of these rules.

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