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NSR is required to have large number of employees, the workforce, for efficient, safe and
punctual running of trains on the NSR network. It is necessary that the employees
perform their jobs properly both in terms of quality and quantity exhibiting highest
standards of conduct, performance and dedication. It is, therefore, necessary that a set of
rules /regulation governing their conduct and prescribing penalties in case of violation are
prescribed.

NSR¶s employees can be classified under three categories for the purpose of these
regulations.

(i)? Ômployees of RITÔS/Indian Railways proceedings on secondment to NSR-


These employees shall be governed by the respective rules on the subject in
their parent organisation, the provisions contained in their individual contract
with the Company/RITÔS and the conditions of contract of RITÔS with SAR.
(ii)? Ômployees from KSA (Saudi Nationals) and other countries- They shall be
governed by the North South Railway (Conduct, Discipline & Appeal)
Regulation, 2010, framed / proposed herein below.

Short Title and Commencement

These shall be called North South Railway (Conduct, Discipline & Appeal) Regulation,
2010 and shall come into operation with effect from

Definitions

In these regulations, unless the context otherwise requires-

(i)? Ômployee means a person in employment with NSR on regular basis and shall
include a person who has proceeded on deputation or secondment to some
other organisation.
(ii)? Service means a service under NSR.
(iii)? Appointing Authority means the authority competent to make appointment to
the grade/service/post in which the employee is included or is held by him.
(iv)? Disciplinary authority means-
(a)? For the purpose of initiating the disciplinary proceedings, the authority
competent to place the employee under suspension or impose any of
penalties specified in these regulations.
(b)?For the purpose of imposing a penalty, the authority competent to impose
that penalty on him.
(c)? Head of department shall have the same meaning as assigned by orders for
management of the organisation.
Application

This regulation shall apply to every regular employee of NSR but shall not apply to-

(i)? Persons joining NSR on secondment through RITÔS.


(ii)? Persons in casual employment with NSR.
(iii)? Persons joining NSR on contract, who shall be exclusively governed by
the conditions of contract entered into between him and NSR.
(iv)? Persons for whom special provisions have been made by NSR on the
subject covered by these regulation or who have been excluded from
operation of these regulation by special or general orders.

Suspension and penalties

The following penalties may be imposed on an employee for good and sufficient reasons
as provided hereinafter:-

(i)? Minor penalties


(a)? Censure
(b)?Withholding of promotion for a specified period from a date when due.
(c)? Recovery from his pay or other such payment of the whole or part of any
pecuniary loss caused by him to NSR or KSA (Government) by
negligence or breach of orders
(d)?Withholding of increments of pay for specified period without cumultative
effect
(ii)? Major penalties
(e)? Reduction to lower stage in the time scale of pay for a specified period
with further directions as to whether the reduction shall have cumulative
effect or not.
(f)? Reduction to a lower time scale of pay, grade or post for a specified period
with further directions regarding restoration to the grade / service / or post
from which he was reduced and pay on restoration.
(g)?Dismissal from service.

An employee can be placed under suspension and can be imposed any of the following
penalties for good and sufficient reasons
The classes of employees who may be placed under suspension and the penalties which
can be imposed on them for good and sufficient reasons and the authorities competent to
plac

Ôvery employee of the NSR (hereinafter referred to as ³the Company´) The company
requires a minimum standard of conduct, discipline and performance. If an employee
does not meet this standard, necessary disciplinary action will be taken him as per the laid
down provisions.
1. So far as personnel seconded from India during the period of contract of SAR
with RITÔS are concerned, they will be governed by the Conduct, Discipline and Appeal
Rules of their parent organisation in India and the provisions contained in the contract of
SAR with RITÔS on any of these matters and their own individual contracts with RITÔS.

2. The other personnel of NSR are:-

-? Saudi nationals
-? Ômployees from other countries

2.1? Saudi Nationals and employees from other countries will be governed by the
Labour Law of KSA.

3. (1) Ôvery employee of the Company shall at all times:



i) maintain absolute integrity and devotion to duty; and
ii) conduct himself in a manner which will enhance the reputation of the
Company.

(2) Ôvery employee of the Company holding a supervisory post shall take all
possible steps to ensure the integrity and devotion to duty of all employees under
his control and authority.

4. Without prejudice to the provisions contained in the Labour laws by which the
officials of NSR system are governed, these personnel should scrupulously refrain from
committing any of the following acts of misconduct:-

(i)? Theft, fraud, dishonesty in connection with the working of the NSR
organisation or its property or any other person within the premises of the
organisation.
(ii)? Taking or giving bribe.
(iii)? Possession of pecuniary resources or property beyond known sources of
income.
(iv)? Furnishing false information of any kind to secure employment or during the
course of employment to derive any unintended benefit.
(v)? Acting in a manner prejudicial to the interests of the NSR organisation.
(vi)? Wilful insubordination or disobedience of any lawful order of superior(s).
(vii)? Absence without leave or overstayal of sanctioned leave for more than 3 days
on grounds without satisfactory explanation.
(viii)? Habitual late or irregular attendance.
(ix)? Neglect of work or negligence in the performance of duty including
malingering.
(x)? Damage to the property of NSR organisation.
(xi)? Interfering or tampering with any safety devices installed in the premises of
the NSR organisation.
(xii)? Drunkenness or riotous or disorderly behaviour in the premises of the NSR
organisation or outside in connection with the official employment.
(xiii)? Acts amounting to a criminal offence involving moral turpitude.
(xiv)? Absence from place of work without proper permission or sufficient cause.
(xv)? Habitual indebtedness.
(xvi)? Commission of any act subversive of discipline or of good behaviour.
(xvii)? Abetment of or attempt of abetment of any act which amounts to misconduct.

The above is only an illustration and not an exhaustive list of acts of misconduct
for which action can be taken and penalty imposed.

·   




No employee shall engage himself or participate in any demonstration or strike which is
illegal or involves incitement to an offence.
 

No employee shall participate in any political activities of the following kind:
(i) to be an office bearer of a political party or an organisation which takes part in
politics;
(ii) to take part in or assist in any manner in any movement/agitation or
demonstration of any political nature;
(Iii) to take part in an election to any legislature or local authority.
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(1) No employee shall, except with the previous sanction of the competent authority
or in the bonafide discharge of his duties, participate in a radio/Television
broadcast or contribute any article or write any letter either in his own name or
anonymously, pseudonymously, or in the name of any other person to any
newspaper or periodical on a subject, which may have a bearing on the affairs of
the Company.
(2) No employee, while in service or after his retirement, retrenchment or
resignation or discharge, shall make public or publish any documents, papers or
information which might have come into his possession in his official capacity,
without the prior sanction of the Company:
Provided that no sanction under this rule is required in the case of articles, letters, etc.
written for the house journals and other publications of the Company in which case the
Ôditorial Board or other authority is vested with the powers for selecting and editing them
for publication.
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No employee shall, in any radio broadcast or in any document published under his name
or in the name of any other person or in any communication to the press, or in any public
utterances, make any statement:

(a) which has the effect of adverse criticism of any policy or action of the Central or
State Governments or of the Company; or
b) which is capable of embarrassing the relations between the Company and the
public.

Provided that nothing in these rules shall apply to any statement made or views expressed
by an employee, of purely factual nature, which are not considered to be confidential in
his official capacity or in due performance of the duties assigned to him.

* !  "


 
  


(1) No employee of the Company shall, except with the previous sanction of the
competent authority, give evidence in connection with any enquiry conducted by
any person, committee or authority.
(2) Nothing in this rule shall apply to:
a) evidence given at any enquiry before an authority appointed by the
Government, Parliament or State Legislature; and
b) evidence given in any judicial enquiry.

#$ %  
 
 

 


No employee shall, except in accordance with any general or special order of the
Company or in the performance in good faith of the duties assigned to him, communicate
directly or indirectly any official document or any part thereof or information to an
employee or any other person to whom he is not authorised to communicate such
document or information.
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No employee shall except with the previous sanction of the competent authority,
engage directly or indirectly in any trade or business or undertake any other employment.

Provided that an employee may, without such sanction, undertake honorary work of a
social or charitable nature or occasional work of a literary, artistic or scientific character,
subject to the condition that his official duties do not thereby suffer.
12. Unless a higher authority is mentioned in the labour laws of KSA, the
following officials will be competent to initiate action against the employees in
different grades for misconduct and impose the penalty specified in the rule.

Ômployees category & Grade Competent authority

13. The following penalties may be imposed, on an employee, as hereinafter


provided, for misconduct committed by him or for any other good and sufficient
reasons:

MINOR PÔNALTIÔS
(a) Censure
(b) Withholding of increments of pay.
(c) Withholding of promotion.
(d) Recovery from pay or such other amount as may be due to him of the whole or
part of any pecuniary loss caused to the Company by negligence or breach of
orders.

MAJOR PÔNALTY

(e) Dismissal

14. No penalty can be imposed against an employee without giving him adequate
opportunity to defend himself.

15. For the minor penalties a charge memorandum is to be issued in writing by the
appropriate Disciplinary authority specifying the charges in detail giving the
delinquent employee at least 10 days time to submit his defence against the charges.
After giving due consideration to the defence statement of the delinquent employee,
the disciplinary authority may pass an suitable order to this effect.

16. No major penalty can be imposed against an employee without holding an


inquiry according to the rule. If in the view of the disciplinary authority the charges of
misconduct committed by the disciplinary authority is so grave that it warrants
imposition of major penalty, then major penalty proceedings are to be initiated as per
the laid down procedure. The Disciplinary authority may itself enquire into, or
appoint another company employee, who must be superior in the rank to the
delinquent employee (hereinafter called the inquiring authority) to inquire into the truth
thereof.
i) Where it is proposed to hold an inquiry, the disciplinary authority shall frame
definite charges on the basis of the allegations against the employee. The charges
together with a statement of the allegations, on which they are based, a list of
documents by which and a list of witnesses by whom, the articles of charges are
proposed to be sustained, shall be communicated in writing to the employee, who
shall be required to submit within such time as may be specified by the Disciplinary
Authority (not exceeding 15 days), a written statement whether he admits or denies
any of or all the Articles of Charge.
? ?
ii) On receipt of the written statement of the employee, or if no such statement is
received within the time specified, an enquiry may be held by the Disciplinary
Authority itself, or by any other company servant appointed as an Inquiring Authority.
  
 
  that it may not be necessary to hold an inquiry in respect of the charges
admitted by the employee in his written statement. The disciplinary authority shall,
however, record its findings on each such charge.

iii) Where the disciplinary authority itself inquires or appoints an inquiring authority
for holding an inquiry, it may. by an order appoint another employee to be known as
the ³Presenting Officer´ to present on its behalf the case in support of the articles of
charge.

iv) The employee charged may take the assistance of any other employee but may not
engage a legal practitioner for the purpose.

v) On the date fixed by the inquiring authority, the employee shall appear before the
inquiring authority at the time, place and date specified in the notice. The inquiring
authority shall ask the employee whether he pleads guilty or has any defence to make
and if he pleads guilty to any of the articles of charge. the inquiring authority shall
record the plea, sign the record and obtain the signature of the employee concerned
thereon,. The inquiring authority shall return a finding of fault in respect of those
articles of charge to which the employee concerned pleads guilty.

vi) If the employee does not plead guilty, the inquiring authority shall adjourn the
case to a later date not exceeding thirty days, after recording an order that the
employee may, for the purpose of preparing his defence:

(a) inspect the documents listed with the charge-sheet;


(b) submit a list of additional documents and witnesses that he wants to
examine; and
(c) be supplied with the copies of the statements of witnesses, if any, listed in
the charge sheet.
  &'! Relevance of the additional documents and the witnesses referred to in
sub-clause vi (b) above to the charges under inquiry will have to be given by the
employee concerned and the documents and the witnesses shall be summoned only if
the inquiring authority is satisfied about their relevance to the charges under inquiry.
(d) The inquiring authority shall ask the authority in whose custody or possession
the documents are kept, for the production of the documents on such date as
may be specified.
(e) The authority in whose custody or possession the requisitioned documents are,
shall arrange to produce the same before the inquiring authority on the date,
place and time specified in the requisition notice.
  
  that the authority having the custody or possession of the
requisitioned documents may claim privilege if the production of such
documents will be against the public interest or the interest of the Company. In
the event, it shall inform the Inquiring Authority accordingly.
(f) On the date fixed for the inquiry, the oral and documentary evidence by which
the articles of charge are proposed to be proved shall be produced by or on
behalf of the disciplinary authority. The witnesses shall be examined by or on
behalf of the Presenting Officer and may be cross-examined by or on behalf of
the employee. The Presenting Officer shall be entitled to re- examine the
witnesses on any points on which they have been cross-examined, but not on a
new matter, without the leave of the Inquiring Authority. The Inquiring
Authority may also put such questions to the witnesses as it thinks fit.
(g) Before the close of the prosecution case, the inquiring authority may, in its
discretion, allow the Presenting Officer to produce evidence not included in
the charge sheet or may itself call for new evidence or recall or re-examine
any witness. In such case the employee shall be given opportunity to inspect
the documentary evidence before it is taken on record; or to cross-examine a
witness who has been so summoned.
(h) When the case for the disciplinary authority is closed, the employee may be
required to state his defence, orally or in writing, as he may prefer. If the
defence is made orally, it shall be recorded and the employee shall be required
to sign the record. In either case a copy of the statement of defence shall be
given to the Presenting Officer, if any, appointed.
(i) The evidence on behalf of the employee shall then be produced. The employee
may examine himself in his own behalf if he so prefers. The witnesses
produced by the employee shall then be examined where the Inquiring
Authority considers them relevant. They shall be liable to cross-examination,
reexamination and examination by the Inquiring Authority according to the
provisions applicable to the witnesses for the disciplinary authority.
(j) The Inquiring Authority may, after the employee closes his case, and shall, if
the employee has not examined himself, generally question him on the
circumstances appearing against him in the evidence for the purpose of
enabling the employee to explain any circumstance appearing in the evidence
against him.
(k) The Inquiring Authority may, after completion of the production of evidence,
hear the Presenting Officer, if any appointed, and the employee or permit them
to file written briefs of their respective cases, if they so desire.
(l) If the employee does not submit the written statement of defence referred to in
sub-rule (3) on or before the date specified for the purpose or does not appear
in person, or through the assisting officer or otherwise fails or refuses to
comply with any of the provisions of these rules, the Inquiring Authority may
hold the enquiry ex-parte.
(m) Whenever any Inquiring Authority, after having heard and recorded the whole
or any part of the evidence in an inquiry ceases to exercise jurisdiction therein,
and is succeeded by another Inquiring Authority which has, and which
exercises, such jurisdiction, the Inquiring Authority so succeeding may act on
the evidence so recorded by its predecessor, or partly recorded by its
predecessor and partly recorded by itself.
  
  that if the succeeding Inquiring Authority is of the opinion that
further examination of any of the witnesses whose evidence has already been
recorded is necessary in the interest of justice, it may recall, examine, cross-
examine and re-examine any such witnesses as hereinbefore provided.
(n) (i) After the conclusion of inquiry, a report shall be prepared and it shall
contain:
(a) a gist of the articles of charge and the statement of the imputations of
misconduct or misbehaviour;
(b) a gist of the defence of the employee in respect of each article of charge;
(c) an assessment of the evidence in respect of each article of charge;
(d) the finding on each article of charge and the reasons therefore.
? ? Ô 
If in the opinion of the inquiring authority the proceedings of the inquiry
establish any article of charge different from the original articles of charges, it
may record its findings on such article of charge.


  that the findings on such articles of charge should not be recorded
unless the delinquent employee has either admitted the facts on which the article of
charge is based or has had a reasonable opportunity of defending himself against such
an article of charge.

(ii) The Inquiry Authority, where it is not itself the disciplinary authority,
shall forward to the disciplinary authority the records of inquiry which shall
include:
(a) the report of the inquiry prepared by it under sub-rule (i) above;
(b) the written statement of defence, if any submitted by the employee,
(c) the oral and documentary evidence produced in the course of the
inquiry;
(d) written briefs referred to in sub-rule (k), if any; and
(e) the orders if any, made by the disciplinary authority and the inquiring
authority in regard to the inquiry.

( )

  *  


(1) The disciplinary authority, if it is not itself the Inquiring Authority may, for
reasons to be recorded by it in writing remit the case to the Inquiring Authority
for fresh or further inquiry and report and the Inquiring Authority shall
thereupon proceed to hold the further inquiry according to the provisions
contained in +(above.
(2) The disciplinary authority shall, if it disagrees with the findings of the
inquiring authority on any article of charge, record its reasons for such
disagreement and record its own findings on such charge if the evidence on
record is sufficient for the purpose.
(3) If the disciplinary authority having regard to its findings on all or any of the
articles of charge is of the opinion that any of the major penalties should be
imposed on the employee it shall, notwithstanding anything contained in Rule
make an order imposing such penalty.
(4) If the disciplinary authority having regard to its findings on all or any of the
articles of charge is of the opinion that no penalty is called for, it may pass an
order exonerating the employee concerned.

17. If in the views of the Disciplinary authority, Major penalty proceedings are to
be initiated against an employee who is on secondment from India, then either
the delinquent employee may be sent back to his parent organisation alongwith
the detailed charges for action to be initiated by his department as per their
rule or the Company may also initiate disciplinary proceedings against the
delinquent employee as per their own rule. If the charges are proved, then the
delinquent employee will be sent back to his parent department alongwith the
detailed proceedings for further necessary action by the parent department of
the delinquent employee.

18. The delinquent official will have a right of appeal to the authority prescribed
in the law i.e. normally the official superior to the Disciplinary authority. He
shall prefer the appeal against the order of the Disciplinary authority within 15
days of the receipt of the order. The Appellate authority shall consider the
appeal in accordance with the laws and pass orders, which shall be
communicated to the delinquent employee through Personnel &
Administration Department. The decision of the Appellate authority may be to
confirm, modify, reduce or enhance the penalty. If the appellate authority
decides to enhance the penalty, it shall give an opportunity to the delinquent
official to be heard against the decision before it finally passes its orders.
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Administrative Services

1. The following administrative services are provided in the NSR system:-

- Distribution of Mail
- Reprographic facilities
- Stationery purchase and distribution
- Road vehicles
- Telephone facilities.

2. The following will be functions performed by the Personnel & Administration


Department in distribution of mail:-

1. Incoming mail received in Riyadh (HQ) will be channelized through the


Personnel Department for distribution.

2. The Department will maintain a register of the mail indicating the number,
source and subject of the letter and arrange to distribute it to the concerned offices
indicating in the register the office to which it is sent.

3. Mail meant for offices outside the Headquarters will be sent through a courier
system.

4. The various departments may arrange to send their communications, documents


etc. through the Personnel Department and its courier service.

5. The Department will maintain a separate register of outgoing mail and mark a
despatch number sequentially every calendar year at the end of the file number on the
communication.

6. For enabling its function of co-ordinating the channelizing of mail, the


department will be given stock of postal stationery, including stamps and equipment
like mail openers etc.

7. In locations where there is no official of Personnel & Administration


Department, the Head of the office will nominate one of the officials to perform the
mail registration and co-ordination functions.

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