101 | P a g e6A.The Employer shall further carry out his obligation as under: The Employer shall pay the stipend to the Apprentice at the rate of _______________per month plus usual ₹allowances and underground allowances, as per rules of the Employer’s establishment. The Employer shall claim reimbursement of 50% of stipend, calculated at the rate of ₹______________ per month on quarterly basis and in arrears from the Central Government after having paid in full stipend to the Apprentice in the first instant every month. 6B.Subject as herein before and hereinafter provided the Employer and the Apprentice shall carry out their obligation as contained in Schedules I & II enclosed. 7.Any disagreement of dispute between the Employer and the Apprentice arising out of this contract shall be referred to Central Apprenticeship Adviser for decision. Any person aggrieved by the decision of the Central Apprenticeship adviser may within 30 days from the date of communication of him of such decision prefer an appeal against the decision of the Central Apprenticeship Council and such appeal shall be heard and determined by the Committee of that Council appointed for the purpose. The decision of such committee and subject to such decision of the Central Apprenticeship Council will be final. 8A. In the event of termination of contract of apprenticeship for failure on the part of the Apprentice to carry out terms of the contract, the Surety at the request of the Apprentice hereby guarantees to the Employer and the Central Government the payment on demand and without demur of such account as may be determined by the Central Apprenticeship Adviser as and towards the cost of training of the apprentice. 8B.The liability of the surety shall not any time exceed a sum of 2550/-(Rupees two ₹thousand five hundred fifty only) in case of graduate apprentice with interest thereon at the prevalent bank rate. 8C.The neglect or forbearance of the Employer or the Central Government in enforcing payment of any money, the payment whereof is intended to be hereby secured or the giving of the time by the Employer or the Central Government for the payment thereof shall not in any way release the surety of his liability under the guarantee hereinbefore contained. 8D.The guarantee herein before contained shall not be affected any change in the constitution of the Employer or in the constitution of the surety. IN WITNESS WHEREOF THE parties hereto have executed these presents the date and year first above written.
102 | P a g e_______________ __________________________ _______________________ Signature of Employer Signature of Apprentice/MT Signature of Surety __________________ __________________________ _______________________ Signature of Witness 1 Signature of witness 1 Signature of Witness 1 ___________________ __________________________ _____________________________ Signature of Witness 2 Signature of Witness 2 Signature of Witness 2
103 | P a g eANNEX M6 –APPRENTICES CONTRACT REGISTRATION CARD Graduate Apprentices Technicians Apprentices Technicians Apprentices (Vocational) 1.(a) Whether Sandwich course or not state - yes/no 1.(b) Male Female A Fix a Passport Size Photograph Registration No. Registration under Section 4 of the Apprentices Act. REGIONAL CENTRAL APPRENTICESHIP ADVISOR BOARD OF APPRENTISHIP TRAINING (wr) MUMBAI 2. Name of Apprentice (in capital Letters as given in exam mark sheet) 3.(a) Permanent Address 3.(b) Present Address 3.(c) Whether belongs to - Schedule Cast - Yes/No Schedule Tribe - Yes/No Other Backward Class - Yes/No Physical Handicapped - Yes/No Minority Community - Yes/No (Specify minority Community 4. Date of Birth: 5. 1.Educational qualification consideration for apprentishipTrg under the Act. Name of the university/Board /Branch Discipline Year & Month of Passing Examination Seat No.
104 | P a g e2. Date of Period of Training Commencement Rate of stipend ₹Per month 7. Name & Address of Employer 8. Name & Address of the Surety 12. Payment to be made Rs. 8600/- per month, plus HRA/CCA/DA/Underground/Coalfield Allowance as admissible. 13. Whether the apprentice belongs to Schedule Cast/Schedule Tribe/Minority i.e. Muslim/Christian/Jain/Parsee. Date. ____________ Signature of Apprentice Note: - (a) Cols. (a), (b), (10), AND (B), (12) have already been filled in and no further entry is required. (b) Cols. (B) (2) and (B) (3) may be left blank. Those will be filed in the office of the Board or Practical Training. (c) In Col. (B), (8) (II) qualification examination passed starting from graduation onwards only may be shown. We the Employer, Apprentice (the ( the Guardian in the case of Minor Apprentices) and the Surety hereby declare that we have read the contents of the Apprenticeship Contract as per the Apprenticeship Rules 1962, as amended from time to time and agree to abide by all the provisions made there under. We also declare that all the provisions of the Apprentices Act 1961 as amended from time to time including those relating to registration and Termination of contract are binding on us.
105 | P a g eSignature of Employer Signature of Apprentice/ Signature of Guardian Surety Witness : 1 Witness : 2 1. In the event of termination of contract through failure on the part of the Employer to carry out the terms and condition of the contract, he shall pay to the Apprentice. Compensation of an amount equivalent to his three months of minimum stipend payable under Apprentices Act. 2. In the event of termination of contract of Apprenticeship for failure on this part of Apprentice to carry out terms of the contract, The surety at the request of the Apprentice hereby guarantees to the employer and the Central Government the payment of such amount as may be determined by the Central Apprenticeship Advisor as and towards the cost for training of the Apprentice. 3. The Liability of the Surety shall not any time exceed of an amount of three months of minimum stipend payable under Apprentice Act. DECLARATION AFFIDAVIT ( To be obtained from the Student before joining as an Apprentice ) I _______________________________________son/daughter of ______________________________ ______________________aged_______________residing at ________________________________ _________________________________________________ hereby solemnly affirm and state as under : 2. That after passing the above said examination : (a) I did not have training or job experience for one year or more. (b) I did not undergo apprenticeship training at any place under the Apprentice Act. What is stated above is true to the best of my knowledge and belief. Signature
106 | P a g eReferences 1 Letter No. 380011/1/74CAF dated 27.09.1975. 2 Common Coal Cadre (Chapter III) bearing amendments upto 30.11.1984. 3 OM No. CIL/C5A(vi)/50729/135 dated 25.09.1989. 4 OO No. CIL/C5A(ii)/52100(2)/RC/792 dated 06.09.1993. 5 OM No. CIL/C-5A(vi)/50729/CCC/20 dated 27.05.1998. 6 OM No. CIL/C-5A(vi)/CCC/380 dated 07.03.2007. 7 OM No. CIL/C5A(vi)/CCC/1252 dated 28.07.2009. 8 Letter No. CIL/C5A(i)/50254/NE-E/99 dated 10.06.2010 9 OM No. CIL/C-5A(vi)/CCC/1458 dated 01.07.2010. 10 OO No. CIL/C-5A(PC)/CCC/42 dated 22.03.2012. 11 OO No. CIL/C-5A(PC)/CCC/43 dated 22.03.2012. 12 OO No. CIL/C-5A(PC)/CCC/44 dated 22.03.2012. 13 Letter No. CIL/C-5A(PC)/96 dated 06.07.2012. 14 OO No. CIL/C-5A(PC)/CCC/04 dated 01.01.2014. 15 DoPT OM No. 42011/2/2014-Estt.(Res) dated 13.02.2014. 16 OM No. CIL/C5A(PC)/CCC/275 dated 23.07.2014. 17 Letter No. CIL/C5A(PC)/BOND/296 dated 18.08.2014. 18 Letter No. CIL/C5A(PC)/BOND/1913 dated 09.01.2017. 19 OM No. CIL/C-5A(PC)/CCC/2100 dated 19.05.2017. 20 Direct Recruitment Notification MT 2019. 21 OM No. CIL/C5A(PC)/ Rect. Survey/423 dated 21.05.2020. 22 OM No. CIL/C5A(PC)/CS Cadre/448 dated 04.07.2020. 23 OM No. CIL/C5A(PC)/Tr_Cl Min/472 dated 25.08.2020. 24 OM No. CIL/C5A(PC)/Sec. Deposit/473 dated 02.09.2020. 25 OM No. CIL/C5A(PC)/Rect. Survey/477 dated 12.09.2020. 26 OM No. CIL/C5A(PC)/Rect_Dept/537 dated 07.01.2021.
107 | P a g e27 OO No. CIL/C5A(PC)/CS/569 dated 18.02.2021. 28 OO No. CIL/C5A(PC)/CS/581 dated 16.03.2021. 29 OM No. CIL/C5A(PC)/GST/Bond Money/647 dated 13.05.2021. 30 OM No. CIL/C5A(PC)/CS Cadre/665 dated 01.06.2021.
108 | P a g ePolicy for decentralized Recruitment of Medical Executives at CIL/ Subsidiary level [1]1.1 Recruitment Recruitment activities of Medical personnel (GDMO/ Dental & Medical Specialist) in the Executive cadre would be made at CIL/ Subsidiary level for the concerned vacancies. Before each recruitment activity, the Recruitment Department of CIL would obtain approval of the Chairman CIL regarding the number of Subsidiary-wise & Category-wise vacancies to be operated. While deriving the number of vacancies, superannuation of on-roll Medical Executives of the upcoming Financial Year will also be taken into account. Based on the approval, the Recruitment Department of CIL would communicate the details to the Subsidiaries for initiating necessary recruitment action to fill up their concerned vacancies. To the extent possible, the recruitment activities would be planned and carried out in such a way that all Subsidiaries should complete the recruitment cycle for a Financial Year at the same period. 1.2 Reservation of vacancies Reservation in vacancies will be provided for SC/ ST/ OBC/ PWD/ EWS category candidates as per the Presidential directives/ Govt. of India guidelines. It would be worked out by Recruitment Department of CIL. The number of vacancies, so reserved for SC/ ST/ OBC/ PWD/ EWS category candidates would be mentioned in the respective advertisement/ notification of the Subsidiaries. 1.3 Entry level of Recruitment The entry level of recruitment of Medical Executives will be as under: a. Medical Specialist i. Specialist – E3 grade ii.Senior Specialist – E4 grade b. General Duty Medical Officer (GDMO) i. Senior Medical Officer – E3 Grade ii.Senior Medical Officer (Dental) – E3 grade 1.4 Recruitment Channel Recruitment of Medical Executives would be done through the channel of Direct Recruitment/ Open selection through advertisement. 1 Approved by CIL Board in its 413 meeting held on 14.10.2020. Communicated vide OM No. thCIL/C5A(PC)/Medical Rectt/508 dated 12.11.2020.
109 | P a g e1.5 Eligibility Conditions 1.5.1 Minimum Qualification & Experience a.For Senior Specialist in E4 grade For General Surgery, General Medicine & Pulmonary Medicine, minimum qualification is MBBS from recognized Institute/ College approved by Medical Council of India with recognized Post Graduate Degree/ DNB with minimum 3 years post qualification experience. For other Specialists, in addition to the above, Post Graduate Diploma is also considered as one of the minimum eligible qualifications. b.For Specialist in E3 grade For General Surgery, General Medicine & Pulmonary Medicine, minimum qualification is MBBS from recognized Institute/ College approved by Medical Council of India with recognized Post Graduate Degree/ DNB. For other Specialists, in addition to the above, Post Graduate Diploma is also considered as one of the minimum eligible qualifications. c.For Senior Medical Officer in E3 grade MBBS from recognized Institute/ College approved by Medical Council of India. d.For Senior Medical Officer (Dental) in E3 grade BDS from recognized Institute/ College approved by Medical Council of India with 1-year post qualification experience from a Hospital/ Clinic. Note: 1. Candidates who have obtained required eligible qualification from foreign University/ Institute will also be considered provided they submit the Certificate of passing qualifying examination from Medical Council of India. 2. For eligibility, Candidates should have obtained registration number from Medical Council of India/ State Medical Council against their qualification. 1.5.2 Upper Age limit a. For Senior Specialist, E4 grade 42 years for General/ UR. –b. For Senior Medical Officer (including Dental)/ Specialist, E3 grade 35 years for –General/ UR.
110 | P a g eNote: i. The upper age limit is relaxable by 5 years for SC/ ST, 3 Years for OBC (Non-Creamy Layer) and 10 years for PWD-UR, 13 years for PWD-OBC (Non-Creamy Layer) and 15 years for PWD-SC/ST candidates. ii. Age relaxation of 5 years applicable for candidates who are the domicile of J&K during the period from 01.01.1980 to 31.12.1989 as per Govt. of India guidelines. iii. Age relaxation for Ex-Servicemen category candidates is applicable as per Govt. of India guidelines. iv. The OBC candidates who belong to ‘Creamy Layer’ are not entitled for concession admissible to OBC Category and such candidates have to indicate their category as General. The OBC Certificate in respect of ‘Creamy Layer’ status is valid only for that Financial Year in which the Certificate is issued as per DoPT guideline dated 31.03.2016. v. To avail such relaxation in upper age limit, an applicant has to submit valid certificates as required in the relevant guidelines. Such certificate will be from the designated Authority as required by the relevant Government guidelines. vi. The Date of Birth will be as recorded in Matriculation/ Secondary Level/ Sr. Secondary level Certificate/ Mark Sheet. vii. However, the maximum age of the applicant as on the cut-off date specified in the notification shall not exceed 56 years as per DoPT guideline dated 29.06.2015. 1.6 Selection Criteria The selection of Medical Executives will be done based on personal interviews at the nearby locations of Company Hospitals/ any other suitable location, as decided by the CMD of the concerned Subsidiary/ CIL. The distribution of marks under different parameters are as under:
111 | P a g e1.6.1 For selection of Senior Specialist, E4 grade Sl. ParametersMax Marks1 Qualification: 30 Marks i. Passed relevant PG Degree/ DNB in single attempt30 Marks ii. Passed relevant PG Degree/ DNB in two attempts 25 Marks iii. Passed relevant PG Degree/ DNB in three attempts 20 Marks iv. Passed relevant PG Diploma in single attempt 20 Marks v. Passed relevant PG Diploma in two attempts 15 Marks vi. Passed relevant PG Degree/ DNB in more than three attempts or passed relevant PG Diploma in more than two attempts 0 Mark 2 Post Qualification Experience beyond 3 years:2 marks for each completed year of experience (Maximum 5 Yrs.) 10 Marks 10 Marks 3 Personal interview:(Professional, Technical knowledge and General awareness) 10 Marks 10 Marks Minimum total marks (1+2+3) for empanelmentGeneral/ UR OBC (NCL) SC / ST/ PWD 30 Marks 27.5 Marks 25 Marks 50 Marks 1.6.2 For selection of Specialist, E3 grade Sl. ParametersMax Marks1 Qualification: 30 Marks i. Passed relevant PG Degree/ DNB in single attempt30 Marks ii. Passed relevant PG Degree/ DNB in two attempts 25 Marks iii. Passed relevant PG Degree/ DNB in three attempts 20 Marks iv. Passed relevant PG Diploma in single attempt 20 Marks v. Passed relevant PG Diploma in two attempts 15 Marks vi. Passed relevant PG Degree/ DNB in more than three attempts or passed relevant PG Diploma in more than two attempts 0 Mark 2 Post Qualification Experience:2 yrs & above >= 1 yr & < 2 yrs < 1 yr 10 Marks 5 Marks 0 Mark 10 Marks 3 Personal interview(Professional, Technical knowledge and General awareness) 10 Marks 10 Marks Minimum total marks (1+2+3) for empanelmentGeneral/ UR OBC (NCL) SC / ST/ PWD 30 Marks 27.5 Marks 25 Marks 50 Marks
112 | P a g e1.6.3 For selection of Senior Medical Officer, E3 grade Sl. ParametersMax Marks1 Qualification: 25 Marks i. Passed MBBS in single attempt25 Marks ii. Passed MBBS in two attempts 20 Marks iii. Passed MBBS in three attempts 15 Marks iv. Passed MBBS in more than three attempts 0 Mark 2 Post Qualification Experience3 marks for each completed year of experience (Maximum 5 Yrs.) 15 Marks 15 Marks 3 Personal interview(Professional, Technical knowledge and General awareness) 10 Marks 10 Marks Minimum total marks (1+2+3) for empanelmentGeneral/ UR OBC (NCL) SC / ST/ PWD 30 Marks 27.5 Marks 25 Marks 50 Marks 1.6.4 For selection of Senior Medical Officer (Dental), E3 grade Sl. ParametersMax Marks1 Qualification: 25 Marks i. For PG degree qualification i.e., MDS or any other equivalent in Dental Specialty 25 Marks ii. Passed BDS in single attempt20 Marks iii. Passed BDS in two attempts 15 Marks iv. Passed BDS in three attempts 10 Marks v. Passed BDS in more than three attempts 0 Mark 2 Post Qualification Experience beyond 1 year:3 marks for each completed year of experience (Maximum 5 Yrs.) 15 Marks 15 Marks 3 Personal interview(Professional, Technical knowledge and General awareness) 10 Marks 10 Marks Minimum total marks (1+2+3) for empanelmentGeneral/ UR OBC (NCL) SC / ST/ PWD 30 Marks 27.5 Marks 25 Marks 50 Marks Explanation: [2]1. The number of attempts made in acquiring a particular qualification can very well be established by the concerned University. At the time of selection, if the candidates are 2 Incorporated due to letter No. CIL/C5A(PC)/Medical Rectt./738 dated 18.08.2021.
113 | P a g enot in a position to produce the necessary certificate/ declaration from the University, the Selection-cum-Interview Committee may allow such candidates for selection process based on the self-declaration from the concerned candidates. However, such candidates should be allowed for joining only on production of necessary certificate/ declaration from the concerned University. 2. All the year wise additional attempts made by the candidate in acquiring a qualification to be counted and added with the original single attempt to arrive at the actual final number of attempts. Examples: Case 1: •First MBBS All subjects in 1 attempt i.e., No additional attempt –st•Second MBBS 2 subjects in 1 and 2 subjects in 2 attempt i.e., 1 additional –stndattempt •Third (Part I) MBBS 1 subject in 1 and 2 subjects in 2 attempt i.e., 1 additional ––stndattempt •Third (Part II) MBBS 2 subjects in 1 and 2 subjects in 2 attempt i.e., 1 ––stndadditional attempt Overall attempt No. of additional attempts made plus 1 original attempt i.e., 3 + 1 = –4 attempts. Case 2: •First MBBS 3rd attempt i.e., 2 additional attempts –•Second MBBS 1st attempt i.e., No additional attempt –•Third (Part I) MBBS 1st attempt i.e., No additional attempt ––•Third (Part-II) MBBS 1st attempt i.e., No additional attempt –Overall attempt No. of additional attempts made plus 1 original attempt i.e., 2 + 1 = –3 attempts. 3. Experience of private practice/ self-clinic may also be considered as post qualification experience. 4. DNB period may be considered as post qualification experience for candidates who are having qualification of DNB in addition to the required minimum qualification. Likewise, MDS period may also be considered as post qualification experience. 1.7 Methodology for Selection 1.7.1 Issuance of Advertisement/ Notification For Recruitment of Medical Executives of CIL/ Subsidiaries, advertisement would be issued by the concerned Company in the name of CIL as per details provided by CIL Recruitment Department. The detailed advertisement must consist of a short role profile, eligibility criteria (academic qualifications, age, experience, etc.), details of Subsidiary-
114 | P a g ewise vacancy, Subsidiary-wise Interview locations, general terms and conditions, required documentation details, general instructions, etc. Short advertisement would be issued in the following: a. Minimum 1 National Daily Newspaper. b. Minimum 1 Regional Daily Newspaper of the concerned region of the Subsidiary/ CIL c. Employment News d. Any other publication platform, in addition to Company’s website. The detailed advertisement would be published in the websites of CIL/ Subsidiaries giving the format in which applications are to be submitted at the time of personal interview. 1.7.2 Selection of Candidates 1. For each Interview location, a Selection-cum-Interview Committee will be constituted with the approval of the Competent Authority. The Competent Authority for constitution of Selection-cum-Interview Committee at CIL Hq. shall be the Chairman, CIL whereas, in case of Subsidiary, the concerned CMD of the Subsidiary Company. The members of the Committee will be as follows: a. One Functional Director of the concerned Subsidiary Company/ CIL as Chairman of the Committee. However, more than one Functional Director can be member of the Committee, if so desired by the Competent Authority. In such case, the senior Director will be the Chairman of the Committee. b. One Senior Medical Executive/ Medical Specialist of the Company (if applicable). c. Head of Recruitment Department/ General Manager (Personnel) of the concerned Subsidiary Company or his/ her representative. d. One Officer representing SC e. One Officer representing ST f. One Officer representing Minority Community. g. One Officer representing OBC. h. One Women representative i. One outside Medical expert. Note:i) A Committee member may represent more than one category of representation in the Selection-cum-Interview Committee. However, a member representing SC shall not represent ST/ OBC and vice versa. ii) The Honorarium to the external expert in the Selection-cum-Interview Committee for decentralized recruitment of Medical Executives shall be decided by Chairman/ concerned CMD of the Company limited to the ceiling of sitting fees of Independent Director of concerned Board Sub-Committee meetings. [3]3 Incorporated due to letter No. CIL/C5A(PC)/Medical Rectt/572 dated 19.02.2021.
115 | P a g e2. The Recruitment Department or the Department as decided by the CMD of the concerned Subsidiary/ CIL will undertake the recruitment process as provided in the policy for recruitment of Medical Executives for their concerned vacancies. 3. The interested candidates would be advised to present themselves to the advertised interview locations with all the documents needed in original plus 2 copies along with the duly filled Application form as provided along with the detailed advertisement. 4. At the interview locations, the applications along with the Original documents of the candidates will be screened. Any candidate whose application is incomplete or any discrepancy found w.r.t. eligibility criteria, then such candidate will not be considered for personal interview. 5. The Selection-cum-Interview Committee will conduct interviews for all the screened candidates. 6. The recommendations of the Selection-cum-Interview Committee of all the Subsidiaries will be sent to Recruitment Department of CIL in a sealed cover. 7. On the basis of the total marks obtained by the Candidates as provided in Clause 6, a final select list in order of merit will be prepared for each Subsidiary separately for filling up the vacant posts of that concerned Subsidiary. 8. For Cadre seniority, all the select lists of each and every Subsidiary will be plotted based on the marks obtained in the selection criteria. 9. In case of tie in total marks obtained, the seniority will be decided on the following basis: a. The marks obtained in experience criteria will be considered i.e., candidate with higher marks in the experience criteria will be placed above in the merit panel. b. If the marks obtained in the experience criteria is same, then interview marks will be considered i.e., candidate with higher interview marks will be placed above in the merit panel. c. If both the above marks are same, candidates whose Date of Birth is earlier will be considered for placing above in the merit panel. 10. The candidates in the merit panel will be called for initial medical examination by the concerned Subsidiary/ CIL. During the medical examination, the concerned Medical Officer shall use his/ her own discretion as to the scope of the general physical examination in each case, get a history of present & past illness and whether at present, under treatment or not and shall judge cases on their merits taking into consideration of the age, prevalence of diseases and prospective duties of the Medical Executives. The main object of medical examination is to secure continuous effective service from the candidate.
116 | P a g e11. If found fit in the initial medical examination, the Offer of appointments will be issued centrally by the Recruitment Department of CIL with the approval of the Appointing Authority i.e., Chairman, CIL. 12. The merit panels will remain valid till one year with effect from the date of approval and if required, it can be operated beyond 1 year with the specific approval of the Appointing Authority. 1.7.3 General Conditions 1. The administrative action/ decision to fill the vacancies are vested with the Cadre Controlling Authority i.e., Chairman, CIL as per the Cadre Scheme and the same will be followed. 2. A candidate dismissed from service by the previous employer including CIL by way of disciplinary action will not be eligible for appointment. 3. Character and Antecedent verification of the appointees will be done post appointment and in case if there is any discrepancy or concealment of information is found, the appointment will stand null and void ab initio. 4. No application fee would be charged from the candidates. 5. No TA/ DA is admissible for attending interviews. However, TA would be admissible at the time of initial medical examination and joining equivalent to AC 3 Tier (3 ARC) rdby the shortest route for self. 1.8Posting of Non-specialist Medical Executives (GDMO)The selected Non-specialist Medical Executives will be initially posted in Dispensaries for a minimum period of three years before their posting to main Ho psitals as per the srequir ments of the Company. e1.9 Repeal All existing provisions of the Recruitment of Medical Executives to the extent modified above will stand superseded by this policy from the date of its commencement. 1.10 Interpretation Interpretation of the provisions of the Policy will be reserved exclusively with the Director (P&IR), CIL and his/ her interpretation will be final. 1.11 Savings CIL Board reserves the right to relax, alter, amend or withdraw partly or fully any of the provisions of this Policy at its discretion for the reasons to be recorded in writing. However, D(P&IR), CIL can amend the implementation methodology of this policy as per the approval of Chairman, CIL.
117 | P a g eReferences 1. OM No. CIL/C5A(PC)/Medical Rectt/508 dated 12.11.2020. 2. Letter No. CIL/C5A(PC)/Medical Rectt/572 dated 19.02.2021. 3.Letter No. CIL/C5A(PC)/Medical Rectt./738 dated 18.08.2021.
Page | 118 Cadre Schemes and Promotion Procedures [1]1.1.All promotions from one executive grade to another will be on the basis of recommendations of duly constituted Departmental Promotion Committee (DPC). 1.2.No officer on deputation from other organization / Foreign Service may be considered for promotion unless he has given his option for absorption in the company. 1.3. Promotion of Executives[2](i) Promotion of all executives serving in different subsidiaries and CIL will be considered by CIL. (ii) There will be five Boards for considering the promotions from one grade to another as below: [3](a)Deleted[4](b) Board No. II for considering promotion from E7 to E8 grade [5](c) Board No. III for considering promotions from E6 to E7 grade [5](d) Board No. IV for considering promotions upto E6 grade. [5](e)Board Afor considering promotion from E8 to E9 grade [5] [6](iii) Promotion Orders will not be issued by subsidiary companies after 01.04.93. However, the executives who could not be promoted though senior in the panel of promotes approved prior to 01.04.93 on account of Vigilance and Administrative clearances, may be promoted by issue from concerned subsidiary companies under intimation to CIL provided the panel is valid. (iv) The DPC and Selection-cum-DPC will draw the panel of the candidate’s found suitable for the promotion. The panel after being approved by the competent authority will remain valid for a period of one year from the date of its approval. 1.4. Composition of DPC [2]The composition of departmental promotion committees will be as follows: (A)Deleted [ ] 41 As per 2 edition of Common Coal Cadre (Chapter IV) bearing amendments upto 30.11.1984. nd2 Amended vide OM No. CIL/C-5A(vi)/CCC/204 dated 06.01.1995. 3 Amended vide OM No. CIL/C5A(vi)/CCC/860 dated 20.05.2008. 4 Deleted due to OM No. CIL/C-5A(vi)/005/35/1210 dated 02/07.05.2009 & OM No. CIL/C-5A(vi)/005/35/1345 dated 25.01.2010. 5 Amended due to OM No. CIL/C-5A(vi)/005/35/1210 dated 02/07.05.2009 & OM No. CIL/C-5A(vi)/005/35/1345 dated 25.01.2010.6 Amended due to OM No. CIL/C5A(PC)/ED Post/441 dated 25.06.2020. Earlier deleted due to abolition of E9 posts vide OM No. CIL/C5A(PC)/ED/2099 dated 19.05.2017.
Page | 119 (B) Board No. II -The Board will deal with all promotion cases of Officers from E7 to E8 grade , on merit by interview. The composition of DPC will be as under: [7][8]i)Presiding Officer Chairman, CIL or his nominee. ii) Members (a) Two CMDs of the Subsidiary Company. (b) Director (P&IR), CIL. (c) Concerned CIL Functional Director (d) One external expert (optional) Note: 1. The members of the Selection Board shall be nominated by Chairman, CIL 2. External expert for specialist disciplines only as decided by the Chairman, CIL. 3. The Honorarium for the external expert, if nominated, shall be decided by the Chairman, CIL not exceeding the sitting fees of Independent Directors for Board sub-Committee meeting. (C) Board No. III - The Board will deal with all promotion cases of Officers from E6 to E7 grade , on merit cum seniority by paper DPC. The composition of DPC will be as [7]under:i)Presiding Officer One of the CMDs of the subsidiary companies or one of the Functional Directors of CIL to be nominated by Chairman, Coal India Limited. ii) Members a) Director (P&IR), CIL. b) Two Directors: One from Technical and other from Finance discipline from Subsidiary Companies to be nominated by Chairman, CIL. (D) Board No. IV - The Board will deal with all promotion cases of Officers from E1 to E6 grade i.e. promotions upto grade E6 on seniority-cum-merit principle. The [7]composition of DPC will be as under: (i) Presiding Officer CMD of one of the subsidiary companies or one of the Functional Directors of CIL 7 Amended due to OM No. CIL/C-5A(vi)/005/35/1210 dated 02/07.05.2009 & OM No. CIL/C-5A(vi)/005/35/1345 dated 25.01.2010.8 Amended vide OM No. CIL/C5A(PC)/Promotion/476 dated 09.09.2020.
Page | 120 (ii) Members (a) Director (P) of one of the subsidiary companies. (b) Director (F) of one of the subsidiary companies (c) Two Technical Directors from subsidiary companies. (d) One Officer belonging to SC/ST community in the rank of E8 or above. (e) Chief of Executive Establishment of CIL to act as Member Secretary. Presiding Officer and all the Members of the Board-IV will be nominated by Chairman, CIL. (E)Board A –The Board will deal with the promotion cases from E8 to E9 grade .[9]1. Chairman, CIL : Chairman 2. Director (P&IR), CIL : Member 3. Concerned Functional Director of CIL : Member 4. One more Functional Director of CIL : Member 5/ 5&6. Upto 2 CMDs of Subsidiary Companies : Member(s) 6/ 7. One External expert : Member Note: 1. The members of the Selection Board shall be nominated by Chairman, CIL. 2. The Honorarium to the external expert shall be decided by the Chairman, CIL limited to the sitting fees of Independent Directors for Board sub-Committee meetings. 1.5. Schedule of DPC The schedule for holding meetings of DPCs will normally be as follows; (a)DPC for Engineering Cadre : June/July each year. (b)DPC for Accounts & Finance Cadre : August each year. (c)DPC for medical cadre : May each year. (d)DPC for general services : September each year. Meetings of DPCs may be convened at any time than those in the above schedule, as may be decided by the Cadre Controlling Authority, i.e. Chairman of CIL. [10]9 Amended vide OM No. CIL/C5A(PC)/ED Post/540 dated 11.01.2021. Earlier amended as per OM No. CIL/C5A(PC)/ED Post/470 dated 17.08.2020. 10 Amended due to OO No. CIL/C5A(ii)/52100(2)/RC/792 dated 06.09.1993.
Page | 121 1.6. Guidelines for Holding DPC Meetings(a)A clear 15 days’ notice for holding DPCs shall be given to the representatives of Coal India headquarters and other subsidiary companies. (b)Before convening the meetings of the DPC, it shall be ensured that the confidential/appraisal reports at least for the last three years are complete in all respects for consideration of the committee. (c)Annual appraisal/confidential reports in respect of executives will be completed in all respects including final review and forwarded to the competent authorities by the date indicated hereunder: (i) In respect of all executives of engineering discipline : 31 May, each year. (ii) In respect of all others : 30 April, each year. (d)In order to enable proper evaluation by the DPCs, full personal data indicating all relevant information relating to the eligible executives shall be presented to the committee. A suggested proforma is placed at Appendix 1.(e)Statement showing the number of vacancies in the grade(s) shall also be placed before the DPC for information. (f)If the DPC adopts certain norms different from the norms indicated in Appendix 2 and the datum lines fixed by CIL from time to time while recommending any particular executive(s), the reasons thereof shall be clearly explained in the proceedings for consideration of the cadre controlling authority. (g)The DPC shall, in its proceedings, indicate the names of executives considered and those found suitable for promotion. Where an officer is by-passed in the matter of promotion, the reason for their recommendations shall be recorded by the concerned Departmental Promotion Committee to provide sufficient opportunity to the executive concerned to improve. (h)The DPC shall consider those who have not been promoted at all since nationalization of coking coal/non-coking coal mines viz. 1.7.1972/1.8.1973, before considering other eligible departmental candidates. (i)The DPC should determine the number of eligible candidates to be considered at each time, on the basis of the number of vacancies available in the higher grade in the ratio of 1:5. While considering the eligible departmental candidates in whose cases inter-se seniority has not yet been established, this limit may not apply; instead the DPC may consider all the eligible departmental candidates and recommend a panel of officers in order of merit.
Page | 122 1.7. Eligibility Norms for Promotion (a)The promotions of departmental executives will be step-by-step according to the channel of promotion indicated in the cadre scheme placed at Appendix 2.(b)The eligibility of executives for consideration for promotion shall be determined on the basis of minimum qualification and minimum period of service in a particular grade as indicated in the respective cadre schemes placed at Appendix 2.(c)Unless otherwise stipulated in the relevant cadre schemes, an executive has to put in a minimum of three years’ service in a particular grade before he becomes eligible for consideration for promotion to the next high grade. (d)The Personnel Division of Coal India headquarters will determine datum lines and block of officers to be considered for promotion from one grade to the other each year, which shall be strictly followed. (e)Any relaxation, either in the minimum length of service or minimum qualification, shall be only with the specific written approval of the cadre controlling authority. (f)Chairman, CIL shall be the cadre controlling authorities for all below Board level Executives.[11]1.7(A). Modalities for ‘Promotion’ under concept of “Fast Track Method”[12]i)In order to be eligible under the above concept, the executives must have at least 1 (one) excellent EER rating and at least 4 (four) commendable rating in the remaining four years during the preceding 5(five) years. ii)They must have at least 05 years’ experience in the same grade as on 31 March of the strespective year. iii)The number of posts in E5 and E7 grade[13] will be limited to 20% of the total number of vacancies available in E5 and E7 grade[13] as on 31 March of the respective year. stiv)Such of these eligible candidates will be required to appear in the written test which will be conducted by outside agency and interview to be conducted by Special Board to be constituted every year for this purpose. 11 Amended due to OO No. CIL/C5A(ii)/52100(2)/RC/792 dated 06.09.1993. 12 Incorporated vide OM No. CIL/C5A(vi)/CCC/426 dated 23/24.04.2007. Subsequently, amended vide OM No. CIL/C5A(vi)/CCC/468 dated 14.06.2007 & Corrigendum No. CIL/C5A(vi)/CCC/478 dated 25.06.2007. 13 Amended due to OM No. CIL/C-5A(vi)/005/35/1210 dated 02/07.05.2009 & OM No. CIL/C-5A(vi)/005/35/1345 dated 25.01.2010.
Page | 123 1.8. Criteria for Promotion [14]a.The cluster concept of promotion from E4 to E5 grade stands abolished w.e.f 01.04.2009. b.The promotion from E2 to E3 grade will be time bound on completion of stipulated period in the Common Coal Cadre without consideration of vacancies. They will be promoted based on DPC recommendations. c.The promotion from E3 to E4, E4 to E5, E5 to E6, E6 to E7, E7 to E8 and E8 to E9 grade (from one grade to other grade) would depend on availability of vacancies. d.The promotion from E1 upto E6 grade shall be based on the principle of seniority-cum-merit through DPC. e.The promotions from E6 upto E9 shall be positive selection by Departmental Promotion Committee on the principle of Merit-cum-Seniority. (i) For E6 to E7, the selection will be based on paper DPC. (ii) For E7 to E8 and E8 to E9, the selection will be based on interview and other merit consideration and performance. f.Where there is an established seniority, the ratio of the number of eligible candidates for consideration against vacancies should be at the rate of five candidates for each vacancy. g. Guidelines for promotion of Executives upto E6 grade [15]A. The promotions from E1 upto E6 grade shall be based on seniority cum merit by paper DPC. B. Eligibility: As mentioned in the relevant Cadre Scheme If any Executive is on unauthorized LWP/ absence i.e., unauthorized absence during the entire residency period in the existing grade, then he/ she would be considered for DPC as under: [16]14 Amended due to OM No. CIL/C-5A(vi)/CCC/1470 dated 13.07.2010. 15 Incorporated due to OM No. CIL/C5A(PC)/Promotion/505 dated 05.11.2020. 16 Amended vide OM No. CIL/C5A(PC)/Promotion/735 dated 16.08.2021. Earlier incorporated due to letter No. CIL/C5A(PC)/Promotion/668 dated 07.06.2021.
Page | 124 Period of DPC Consideration & Promotion unauthorized LWP/ absence > 90 days & < = Will be considered by DPC and promoted against the next 365 days cut-off date, as and when DPC is conducted subject to zone of consideration/ vacancies/ clearances, etc. > 365 days & < = Will be considered by DPC and promoted against the next to 730 days next cut-off date and so on, as and when DPC is conducted subject to zone of consideration/ vacancies/ clearances, etc. Note: 1. Subject to zone of consideration/ vacancies/ clearances, etc., the period of unauthorized LWP/ absence once taken into account in the DPC consideration and promotion against a particular cut-off date will not be carried forward for subsequent cut-off date DPCs. In other words, the eligibility of an Executive to be considered and promoted against a DPC shouldn’t be affected more than once for the same unauthorized LWP/ absence period. 2. However, in case there is an additional unauthorized LWP/ absence period during the enhanced residency period, then such unauthorized LWP/ absence will also be taken into account for its impact on DPC considerations and promotions as shown in the above table. Illustration cases are enclosed as Annexure A. C. Cut-off date for eligibility: 30 September of every year. thVacancy date: As on 1 March of subsequent year. stZone of consideration: Eligible Executives will be considered in the ratio of 1:5 against each cut-off date. For finalizing the candidates to be considered by a DPC, the number of Executives already promoted against earlier cut-off dates/ retired/ expired/ separated from the Company on the date of DPC will be excluded from the list and as a result, Executives down below but eligible against the same cut-off date shall also be considered if they have completed the minimum residency period with respect to the cut-off date and fall within the ratio of 1:5. D. The candidates would be grouped into two categories for promotions based on the PMS ratings of last 3 years from the cut-off date namely: i. Non - promotable category Candidates who secured “Fair”/ “Poor” rating in any of the last 3 years of consideration or secured “Good” rating in two or more years of consideration. ii. Promotable category The rest of the candidates will be grouped as promotable candidates.
Page | 125 E. The merit list will be drawn for the promotable candidates based on seniority of the Executives. F. The final promotions shall be made from the merit list in the order of seniority subject to Vigilance/ Safety/ Departmental Clearance and vacancies. However, the promotions from E2 to E3 grade will be time bound on completion of stipulated period in the respective Cadre Scheme without consideration of vacancies. G. The promoted Executive has to join the promoted post at the respective company mentioned against him/ her within 60 days[17] from the issue of the order. The promotion will be effective on & from the date the Executive reports to the Company on transfer, if applicable, and assumes charge in the promoted post. H. Approval for retention of any Executive (on transfer to another company) in the promoted post in the present company due to the exigency of duty performed has to be obtained from CIL prior to the expiry of 60 days[17] period. In the event of non-release and no approval for retention, the Executives will be deemed to have been released on expiry of 60 days[17] and must join accordingly. Non-joining on the promoted post within the stipulated time would lead to cancellation of the promotion order and debarring the Executive for one subsequent DPC for promotion to the post without any further notice. I.In the event of post falling vacant due to resignation/ foregoing promotion/ death/ not joining in the promoted post within the stipulated time as referred in above clause H, the process for issuance of promotion for the next eligible Executive in the panel, if any, will be undertaken. J.If promotion order is not issued to any empanelled Executive for the specified reasons like pending disciplinary case/ prosecution sanctioned/ under suspension/ pending DGMS case/ convicted/ under currency period of penalty, then such vacancy will be utilized for promoting next eligible empanelled Executive, if any. On conclusion of disciplinary case/ prosecution which results in complete exoneration of charges, such an Executive will be promoted immediately after complete exoneration against available vacancy with effect from the date, his/ her immediate junior in the panel is promoted. In the event, no vacancy is available, the Executive will be promoted by creating supernumerary post which will be automatically adjusted in the next DPCs. If the disciplinary case/ prosecution ended with the imposition of penalty, the recommendation of the DPC in favour of the Executive will not be given effect. 17Amended due to OM No. CIL/C5A(PC)/Transfer/582 dated 17.03.2021.
Page | 126 K. In addition to the above, all other provisions/ guidelines as existing in the cadre scheme regarding promotion would continue to be applicable. L. The power to interpret these rules is reserved with the Director (P&IR), CIL whose interpretation will be final. M. The Director (P&IR), CIL can modify/ alter/ amend the guidelines with the approval of Chairman, CIL. h. Guidelines for promotion of Executives from E6 to E7 grade [18]A. The promotion shall be based on merit cum seniority by paper DPC. B. Eligibility: As mentioned in the relevant Cadre Scheme. If any Executive is on unauthorized LWP/ absence i.e., unauthorized absence during the entire residency period in the existing grade, then he/ she would be considered for DPC as under: [19]Period of DPC Consideration & Promotion unauthorized LWP/ absence > 90 days & < = Will be considered by DPC and promoted against the next 365 days cut-off date, as and when DPC is conducted subject to zone of consideration/ vacancies/ clearances, etc. > 365 days & < = Will be considered by DPC and promoted against the next to 730 days next cut-off date and so on, as and when DPC is conducted subject to zone of consideration/ vacancies/ clearances, etc. Note: 1. Subject to zone of consideration/ vacancies/ clearances, etc., the period of unauthorized LWP/ absence once taken into account in the DPC consideration and promotion against a particular cut-off date will not be carried forward for subsequent cut-off date DPCs. In other words, the eligibility of an Executive to be considered and promoted against a DPC shouldn’t be affected more than once for the same unauthorized LWP/ absence period. 2. However, in case there is an additional unauthorized LWP/ absence period during the enhanced residency period, then such unauthorized LWP/ absence 18 Amended due to OM No. CIL/C5A(PC)/Promotion/505 dated 05.11.2020. Earlier Incorporated due to OM No. CIL/C5A(vi)/CCC/1580 dated 03/05.05.2011 which was amended vide Orders/ letters dated 23.07.2019 and 07.03.2020. 19Amended vide OM No. CIL/C5A(PC)/Promotion/735 dated 16.08.2021. Earlier incorporated due to letter No. CIL/C5A(PC)/Promotion/668 dated 07.06.2021.
Page | 127 will also be taken into account for its impact on DPC considerations and promotions as shown in the above table. Illustration cases are enclosed as Annexure A. C. Cut-off date for eligibility: 30th September of every year. Vacancy date: As on 1st March of subsequent year. Zone of consideration: Eligible Executives will be considered in the ratio of 1:5 against each cut-off date. For finalizing the candidates to be considered by a DPC, the number of Executives already promoted against earlier cut-off dates/ retired/ expired/ separated from the Company on the date of DPC will be excluded from the list and as a result, Executives down below but eligible against the same cut-off date shall also be considered if they have completed the minimum residency period with respect to the cut-off date and fall within the ratio of 1:5. D. Total marks for Paper DPC: Maximum100 Marks. 1. Performance Management System (PMS): Maximum 70 marksPMS rating for last 3 years from the cut-off date [Ultimate year (24) + Penultimate Year (23) + Year preceding Penultimate year (23) = 70 marks]. The absolute PMS scores are proportionately computed to the respective marks allocated for the concerned year. Example: For the cut-off Sept’ 2020, the following PMS (Performance Management System) ratings are considered: a. FY 2019-20 Ultimate year PRIDE Score 1.5 (Outstanding) b. FY 2018-19 Penultimate year PRIDE Score 2.6 (Good) c. FY 2017-18 Year preceding Penultimate year PRIDE Score 2.5 (Very Good) Then, the 70 marks of DPC in respect of PMS ratings is calculated as under: Scores of 5 to 1 descending scale (1 being the best) has to be converted to 1 to 5 ascending scale (5 being the best) for calculation purposes as under: As 1 in 5 to 1 scale 5 in 1 to 5 scale, the conversion factor is 6 minus the score i.e., [6 - 1] 5
Page | 128 Ult. Yr. 24 1.5 in 5 to 1 scale (6-1.5) (4.5/5)*24 21.6 4.5 in 1 to 5 scale Pen. Ult. Yr. 23 2.6 in 5 to 1 scale (6-2.6) (3.4/5)*23 15.64 3.4 in 1 to 5 scale Yr pre. Pen. 23 Ult. Yr. 2.5 in 5 to 1 scale (6-2.5) (3.5/5)*23 16.1 3.5 in 1 to 5 scale Total Score out of 70 53.34 Note: In any year under consideration if the Executive has been rated equivalent to 40% & below, the marks for the said year will be considered as ZERO. 2. Length of service in existing grade: Maximum 25 marks i) 3 marks will be awarded for every year of service in the present grade upto 3 years. ii) 4 marks will be awarded for each additional year of service beyond 3 years. iii) In any case the marks awarded on this ground will not exceed 25. Note: For computing the marks of the length of service, deemed date of entry in the existing grade will be taken. Service of 6 months or more will be taken as 1 year and service of less than 6 months shall be taken as 0 (No marks allotted). 3. Qualification*: Maximum 5 marks QUALIFICATION MARKS i) Diploma 1 ii) A) B.E./B.Tech/AMIE/ICWA/CA/MBA/PGDM or any other minimum qualification required for induction at entry level as executive as per cadre scheme of various disciplines in the Executive Cadre. 4 B) Additional educational/ professional qualification(s), relevant to the job requirement in the Cadre, acquired afresh from a recognized Institute/ University during the course of employment provided the said additional qualification(s) should be beyond the minimum eligible qualification prescribed for the entry level in the Cadre as per the Cadre Scheme. 1 For Mining Discipline, the marks are as follows: i) Acquired 2 / 1 Class Mine Managers Certificate of Competency, as ndstthe case may be 4
Page | 129 ii) Additional educational/ professional qualification(s) like M.E./ M.Tech./ M.BA., or any other equivalent qualification, relevant to the job requirement in the cadre, acquired afresh from a recognized Institute/ University during the course of employment. 1 * The eligibility will be subject to minimum qualification prescribed for promotions as per the respective Cadre Scheme. E. On the basis of Total Marks calculated by addition of marks obtained in PMS, Length of Service and Qualification, the final merit list shall be drawn up in descending order and promotions shall be made from this list in the order of merit subject to Vigilance/ Safety/ Departmental clearance and vacancy. The candidates would be grouped into two categories for promotions namely: i. Promotable category Candidates who secure 75 and above marks ii. Non-promotable category The rest of the candidates who secure less than 75 marks. After deriving the merit as per the above, if there is a tie, then the Executive who is senior in the seniority list in the existing grade will be placed higher and the junior will follow. However, the inter-se-seniority of the executives to be promoted against the vacancies to E7 grade based on the merit panel drawn by the DPC would remain same or unchanged as existing in the E6 grade, irrespective of their panel position and promotion order issued accordingly. F. The promoted Executive has to join the promoted post at the respective company mentioned against him/ her within 60 days[20] from the issue of the order. The promotion will be effective on & from the date the Executive reports to the Company on transfer and assumes charge in the promoted post. Further assignment of the promoted Executive will be decided by CMD of the respective Companies. G. Approval for retention of any Executive (on transfer to another company) in the promoted post in the present Company due to the exigency of duty performed has to be obtained from CIL prior to the expiry of 60 days[20] period. In the event of non-release and no approval for retention, the Executives will be deemed to have been released on expiry of 60 days[20] and must join accordingly. Non-joining on the promoted post within the stipulated time would lead to cancellation of the promotion order and debarring the Executive for one subsequent DPC for promotion to the post without any further notice. 20 Amended due to OM No. CIL/C5A(PC)/Transfer/582 dated 17.03.2021.
Page | 130 H. In event of post falling vacant due to resignation/ foregoing promotion/ death/ not joining in the promoted post within the stipulated time as referred in above clause G, the process for issuance of promotion for the next eligible Executive in the panel, if any, will be undertaken. If promotion order is not issued to any empanelled Executive for the specified reasons like pending disciplinary case/ prosecution sanctioned/ under suspension/ pending DGMS case/ convicted/ under currency period of penalty, then such vacancy will be utilized for promoting next eligible empanelled Executive. On conclusion of disciplinary case/ prosecution which results in complete exoneration of charges, such an Executive will be promoted immediately after complete exoneration against available vacancy with effect from the date, his/ her immediate junior in the panel is promoted. In the event, no vacancy is available, the Executive will be promoted by creating supernumerary post which will be automatically adjusted in the next DPCs. If the disciplinary case/ prosecution ended with the imposition of penalty, the recommendation of the DPC in favour of the Executive will not be given effect. I. In addition to the above, all other provisions/ guidelines as existing in the cadre scheme regarding promotion would continue to be applicable. J. The power to interpret these rules is reserved with the Director (P&IR), CIL and his/ her interpretation will be final. K. The Director (P&IR), CIL can modify/ alter/ amend the scheme with the approval of Chairman, CIL. i. Guidelines for promotion of Executives from E7 to E8 grade [21]A. The promotion shall be on merit cum seniority by selection based on interview. B. Eligibility Minimum 3 years experience in E7 grade. :If any Executive is on unauthorized LWP/ absence i.e., unauthorized absence during the entire residency period in the existing grade, then he/ she would be considered for DPC as under: [22]21 Amended due to OM No. CIL/C5A(PC)/Promotion/505 dated 05.11.2020. Earlier incorporated due to OM No. CIL/C-5A(vi)/CCC/1585 dated 02.06.2011. 22 Amended vide OM No. CIL/C5A(PC)/Promotion/735 dated 16.08.2021. Earlier incorporated due to letter No. CIL/C5A(PC)/Promotion/668 dated 07.06.2021.
Page | 131 Period of DPC Consideration & Promotion unauthorized LWP/ absence > 90 days & < = Will be considered by DPC and promoted against the next 365 days cut-off date, as and when DPC is conducted subject to zone of consideration/ vacancies/ clearances, etc. > 365 days & < = Will be considered by DPC and promoted against the next to 730 days next cut-off date and so on, as and when DPC is conducted subject to zone of consideration/ vacancies/ clearances, etc Note: 1. Subject to zone of consideration/ vacancies/ clearances, etc., the period of unauthorized LWP/ absence once taken into account in the DPC consideration and promotion against a particular cut-off date will not be carried forward for subsequent cut-off date DPCs. In other words, the eligibility of an Executive to be considered and promoted against a DPC shouldn’t be affected more than once for the same unauthorized LWP/ absence period. 2. However, in case there is an additional unauthorized LWP/ absence period during the enhanced residency period, then such unauthorized LWP/ absence will also be taken into account for its impact on DPC considerations and promotions as shown in the above table. Illustration cases are enclosed as Annexure A. C. Cut-off date for eligibility: 30th September of every year. Vacancy date: As on 1st March of subsequent year. Zone of consideration: Eligible Executives will be considered in the ratio of 1:5 against each cut-off date. For finalizing the candidates to be considered by a DPC, the number of Executives already promoted against earlier cut-off dates/ retired/ expired/ separated from the Company on the date of DPC will be excluded from the list and as a result, Executives down below but eligible against the same cut-off date shall also be considered if they have completed the minimum residency period with respect to the cut-off date and fall within the ratio of 1:5. D. Total marks for DPC: Maximum 100 Marks i) Performance Management System (PMS): Maximum 56 marks PMS rating for last 5 years from the cut-off date [First year (12) + Second year (11) + Third year (11) + Fourth year (11) + Fifth year (11) = 56 marks].
Page | 132 The absolute PMS scores are proportionately computed to the respective marks allocated for the concerned year. Example: For the cut-off Sept’ 2020, the following PMS (Performance Management System) ratings are considered: a. FY 2019-20 First year PRIDE Score 1.5 (Outstanding) b. FY 2018-19 Second year PRIDE Score 2.6 (Good) c. FY 2017-18 Third year PRIDE Score 2.5 (Very Good) d. FY 2016-17 Fourth year PRIDE Score 3.9 (Very Good Pre-revised –Scale) e. FY 2015-16 Fifth year PRIDE Score 4.51 (Outstanding Pre-revised –Scale) Then, the 56 marks of DPC in respect of PMS ratings is calculated as under: Scores of 5 to 1 descending scale (1 being the best) has to be converted to 1 to 5 ascending scale (5 being the best) for calculation purposes as under: As 1 in 5 to 1 scale 5 in 1 to 5 scale, the conversion factor is 6 minus the score i.e., [6 - 1] 5 First Yr. 12 1.5 in 5 to 1 scale (6-1.5) (4.5/5)*12 10.8 4.5 in 1 to 5 scale Second Yr. 11 2.6 in 5 to 1 scale (6-2.6) (3.4/5)*11 7.48 3.4 in 1 to 5 scale Third Yr. 11 2.5 in 5 to 1 scale (6-2.5) (3.5/5)*11 7.7 3.5 in 1 to 5 scale Fourth Yr. 11 3.9 in 1 to 5 Scale (3.9/5)*11 8.58 Fifth Yr. 11 4.51 in 1 to 5 Scale (4.51/5)*11 9.92 Total Score out of 56 44.48 Note: In any year if the Executive has been rated equivalent to 40% & below, the marks for the said year will be considered as ZERO. ii) Interview 30 Marks –iii) Length of service in existing grade: 9 marks a. 1.5 marks will be awarded for every year of service for the first 2 years. b. 2 marks will be awarded for each additional year of service beyond 2 years. c. In any case the marks awarded on this ground will not exceed 9.
Page | 133 Note: For computing the marks of the length of service, deemed date of entry in the existing grade will be taken. Service of 6 months or more will be taken as 1 year and service of less than 6 months shall be taken as 0 (No marks allotted). iv) Qualification*: Maximum 5 marksQUALIFICATION MARKS i) Diploma 1 ii) A) B.E./B.Tech/AMIE/ICWA/CA/MBA/PGDM or any other minimum qualification required for induction at entry level as executive as per cadre scheme of various disciplines in the Executive Cadre. 4 B) Additional educational/ professional qualification(s), relevant to the job requirement in the Cadre, acquired afresh from a recognized Institute/ University during the course of employment provided the said additional qualification(s) should be beyond the minimum eligible qualification prescribed for the entry level in the Cadre as per the Cadre Scheme. 1 For Mining Discipline, the marks are as follows: i) Acquired 2 Class Mine Managers Certificate of Competency. nd2 ii) Acquired 1 Class Mine Managers Certificate of Competency. st4 iii) Additional educational/ professional qualification(s) like M.E./M.Tech./M.BA., or any other equivalent qualification, relevant to the job requirement in the cadre, acquired afresh from a recognized Institute/ University during the course of employment. 1 * The eligibility will be subject to minimum qualification prescribed for promotions as per the respective Cadre Scheme. E. On the basis of Total Marks calculated by addition of marks obtained in PMS, Interview, Length of Service and Qualification, the final merit list shall be drawn up in descending order and promotions shall be made from this list in the order of merit subject to Vigilance/ Safety/ Departmental clearance and vacancy. The candidates would be grouped into two categories for promotions namely: i. Promotable category Candidates who secure 75 and above marks ii. Non-promotable category The rest of the candidates who secure less than 75 marks.
Page | 134 After deriving the merit as per the above, if there is a tie, then the Executive who is senior in the seniority list in the existing grade will be placed higher and the junior will follow. F. The promoted Executive has to join the promoted post at the respective company mentioned against him/ her within 60 days[23] from the issue of the order. The promotion will be effective on & from the date the Executive reports to the Company on transfer and assumes charge in the promoted post. Further assignment of the promoted Executive will be decided by CMD of the respective Companies. G. Approval for retention of any Executive (on transfer to another company) in the promoted post in the present Company due to the exigency of duty performed has to be obtained from CIL prior to the expiry of 60 days [23]period. H. In the event of non-release and no approval for retention, the Executives will be deemed to have been released on expiry of 60 days[23] and must join accordingly. Non-joining on the promoted post within the stipulated time would lead to cancellation of the promotion order and debarring the Executive for one subsequent DPC for promotion to the post without any further notice. I. In event of post falling vacant due to resignation/ foregoing promotion/ death/ not joining in the promoted post within the stipulated time as referred in above clause H, the process for issuance of promotion for the next eligible Executive in the panel, if any, will be undertaken. If promotion order is not issued to any empanelled Executive for the specified reasons like pending disciplinary case/ prosecution sanctioned/ under suspension/ pending DGMS case/ convicted/ under currency period of penalty, then such vacancy will be utilized for promoting next eligible empanelled Executive. On conclusion of disciplinary case/ prosecution which results in complete exoneration of charges, such an Executive will be promoted immediately after complete exoneration against available vacancy with effect from the date, his/ her immediate junior in the panel is promoted. In the event, no vacancy is available, the Executive will be promoted by creating supernumerary post which will be automatically adjusted in the next DPCs. If the disciplinary case/ prosecution ended with the imposition of penalty, the recommendation of the DPC in favour of the Executive will not be given effect. J. In addition to the above, all other provisions/guidelines as existing in the cadre scheme regarding promotion would continue to be applicable. 23Amended due to OM No. CIL/C5A(PC)/Transfer/582 dated 17.03.2021.
Page | 135 K. The power to interpret these guidelines is reserved with the Director (P&IR), CIL and his/ her interpretation will be final. L. The Director (P&IR), CIL can modify/alter/amend the guidelines with the approval of Chairman, CIL. j. Chief General Manager in E8-A grade [24]Deleted. [25]k. Guidelines for promotion of Executives from E8 to E9 grade [26]A. The promotion shall be on merit cum seniority by selection based on interview. B. Eligibility: Experience and Qualification as per notification. C. Cut-off date for eligibility: As per notification. Zone of consideration: Eligible Executives will be considered in the ratio of 1:5 against each cut-off date as under:No. of disciplinesZone of considerationFrom only one discipline, eligible Eligible Executives will be considered in the Executives are applying for an ED post ratio of 1:5 From Two or three disciplines, eligible Eligible Executives will be considered in the Executives are applying for an ED post ratio of 1:5 against each discipline i.e. at the maximum, 5 candidates per discipline (total 10/15) From more than three disciplines, eligible All eligible applicants to be considered as per Executives are applying for an ED post seniority based on inter-se-seniority subject to maximum 15 numbers and with representation as enumerated below: No. of No. of applicant/s to be disciplines considered 4 or 5 Maximum 3 from each discipline 6 or above Maximum 2 from each discipline 24 Incorporated due to OM No. CIL/C5A(PC)/2098 dated 18.05.2017. 25 Abolished vide Om No. CIL/C5A(PC)/ED Post/441 dated 25.06.2020. 26 Incorporated due to OM No. CIL/C5A(PC)/Promotion/484 dated 01.10.2020, CIL OM No. CIL/C5A(PC)/ED Post/441 dated 25.06.2020 & OO No. CIL/C-5A(vi)/CCC/1586 dated 02.06.2011. Earlier deleted due to abolition of E9 posts vide OM No. CIL/C5A(PC)/ED/2099 dated 19.05.2017.
Page | 136 For finalizing the candidates to be considered by a DPC, the number of Executives already promoted against earlier cut-off dates/ retired/ expired/ separated from the Company on the date of DPC will be excluded from the list and as a result, Executives down below but eligible against the same cut-off date shall also be considered if they have completed the minimum residency period with respect to the cut-off date and fall within the zone of consideration. [27]D. Total marks for DPC: 100 Marksi) Performance Management System (PMS): Maximum 56 marksPMS rating for last 5 years from the cut-off date [First year (12) + Second year (11) + Third year (11) + Fourth year (11) + Fifth year (11) = 56 marks]. The absolute PMS scores are proportionately computed to the respective marks allocated for the concerned year. Example: For the cut-off Sept’ 2020, the following PMS (Performance Management System) ratings are considered: a. FY 2019-20 First year PAR Score 90 (Outstanding) b. FY 2018-19 Second year PAR Score 68 (Good) c. FY 2017-18 Third year PRIDE Score 2.5 (Very Good) d. FY 2016-17 Fourth year PRIDE Score 3.9 (Very Good Pre-revised –Scale) e. FY 2015-16 Fifth year PRIDE Score 4.51 (Outstanding Pre-revised –Scale) Then, the 56 marks of DPC in respect of PMS ratings is calculated as under: Scores of 5 to 1 descending scale (1 being the best) has to be converted to 1 to 5 ascending scale (5 being the best) for calculation purposes as under: As 1 in 5 to 1 scale 5 in 1 to 5 scale, the conversion factor is 6 minus the score i.e., [6 - 1] 5 First Yr. 12 90 in 1 to 100 scale (90/100)*12 10.8 Second Yr. 11 68 in 1 to 100 scale (68/100)*11 7.48 Third Yr. 11 2.5 in 5 to 1 scale (6-2.5) (3.5/5)*11 7.7 3.5 in 1 to 5 scale Fourth Yr. 11 3.9 in 1 to 5 Scale (3.9/5)*11 8.58 Fifth Yr. 11 4.51 in 1 to 5 Scale (4.51/5)*11 9.92 Total Score out of 56 44.48 27 Amended vide OM No. CIL/C5A(PC)/Promotion/509 dated 17.11.2020.
Page | 137 Note: In any year if the Executive has been rated equivalent to 40% & below, the marks for the said year will be considered as ZERO. ii) Interview 30 Marks –iii)Length of service in existing grade: 9 marks (a) 1.5 marks will be awarded for every year of service for the first 2 years. (b) 2 marks will be awarded for each additional year of service beyond 2 years. (c) In any case the marks awarded on this ground will not exceed 9. Note: For computing the marks of the length of service, deemed date of entry in the existing grade will be taken. Service of 6 months or more will be taken as 1 year and service of less than 6 months shall be taken as 0 (No marks allotted). iv)Qualification*: Maximum 5 marks Qualification Marks i)B.E./B.Tech/AMIE/ICWA/CA/MBA/PGDM or any other minimum qualification required for induction at entry level as executive as per cadre scheme of various disciplines in the Executive Cadre. 4 ii)Additional educational/ professional qualification(s), relevant to the job requirement in the Cadre, acquired afresh from a recognized Institute/ University during the course of employment provided the said additional qualification(s) should be beyond the minimum eligible qualification prescribed for the entry level in the Cadre as per the Cadre Scheme. 1 For Mining Discipline, the marks are as follows: i) Degree in Mining Engineering or equivalent with 1 Class Mine stManager’s Certificate of Competency.4 ii) Additional educational/ professional qualification(s) like M.E./ M.Tech./ M.BA., or any other equivalent qualification, relevant to the job requirement in the cadre, acquired afresh from a recognized Institute/ University during the course of employment. 1 * The eligibility will be subject to minimum qualification prescribed for promotions as per the respective Cadre Scheme. E. On the basis of Total Marks calculated by addition of marks obtained in PMS, Interview, Length of Service and Qualification, the final merit list shall be drawn
Page | 138 up in descending order and promotions shall be made from this list in the order of merit subject to Vigilance/ Safety/ Departmental clearance and vacancy. The candidates would be grouped into two categories for promotions namely: i. Promotable category Candidates who secure 75 and above marks ii. Non-promotable category The rest of the candidates who secure less than 75 marks. After deriving the merit as per the above, if there is a tie, then the executive who is senior in the seniority list in the existing grade will be placed higher and the junior will follow. F. The promoted Executive has to join the promoted post at the respective company mentioned against him within 60 days[28] from the issue of the order. The promotion will be effective on & from the date the executive reports to the company on transfer and assumes charge in the promoted post. Further assignment of the promoted Executive will be decided by Chairman, CIL. G. In the event of non-release, the Executives will be deemed to have been released on expiry of 60 days[29] and must join accordingly. Non-joining on the promoted post within the stipulated time would lead to cancellation of the promotion order and debarring the Executive for one subsequent DPC for promotion to the post. H. In event of post falling vacant due to resignation/ foregoing promotion/ death/ not joining in the promoted post within 3 months of issuance of promotion order/ closure of disciplinary proceeding resulting in minor or major penalty during the validity of the panel, the process for issuance of promotion for the next Executive in the panel will be undertaken. I. In addition to the above, all other provisions/guidelines as existing in the cadre scheme regarding promotion would continue to be applicable. J. The power to interpret these guidelines is reserved with the Director (P&IR), CIL and his/ her interpretation will be final. K. The Director (P&IR), CIL can modify/alter/amend the guidelines with the approval of Chairman, CIL. 1.9.The date of effect of promotion for the purpose of drawing emoluments in the higher grades will be from the date the concerned officer assumes charge of the higher post on receipt of 28Amended due to OM No. CIL/C5A(PC)/Transfer/582 dated 17.03.2021.29Amended due to OM No. CIL/C5A(PC)/Transfer/582 dated 17.03.2021.
Page | 139 promotion orders. However, the date of issue of promotion shall determine the seniority and eligibility for promotion to the next higher grade. 1.10. Promotional Opportunities to certain Categories of Employees 1.10.1.From Non-Executive to Executive Cadre (a)The quota reserved for departmental promotion for entry level in various disciplines will be as follows: [30]Note: In case adequate number of suitable departmental candidates are not available or not likely to be available in the next cycle of Departmental selection/ promotion, the unfilled vacancies under Departmental quota may be diverted to the direct recruitment quota with the approval of Cadre Controlling Authority i.e., Chairman, CIL. 30Amended vide OM No. CIL/C5A(PC)/Rect_Dept/537 dated 07.01.2021. Earlier amended vide OO No. CIL/C-5A(PC)/CCC/04 dated 01.01.2014 & OM No. CIL/C-5A(vi)/CCC/380 dated 07.03.2007.Sl. No. Discipline Direct Recruitment Departmental Selection/ Promotion 1 Mining 65% 35% 2 Finance & Accounts 80% 20% (15% Qualified CA & ICWA/ 5% Semi Qualification i.e., Inter-CA & ICWA or CIL Part II Accounts Examination) 3 Materials Management 75% 25% 4 Engineering 75% 25% 5 Personnel 75% 25% 6 Marketing & Sales 75% 25% 7 Survey NIL 100% 8 Medical 100% NIL 9 Drilling 65% 35% 10 Secretarial NIL 100% 11 Community Development 100% NIL 12 Company Secretary 75% 25% 13 Other Disciplines 75% 25%
Page | 140 (b)All promotions from the senior most non-executives grade to the executive grade to fill in the departmental quota as indicated in (a) above will be on the basis of selection test and interview on the basis of merit. The syllabi and methodology for conducting the test will be as laid down by the Apex Training Board and Coal India headquarters. (c)Promotion of non-executives to the executive entry grade in the discipline where there is no established channel of promotion will be only on the basis of the recommendation of the selection committee against advertisement/ notification of vacancies which will be centrally controlled by Coal India HQs. 1.10.2.Mining Discipline- From Non-executive to Executive Cadre (a)In order to provide promotional opportunities to the Overmen/ Senior Overmen, who are unable to obtain second class competency certificate, it has been decided to upgrade 15% of each of the total posts occupied by the following eligible Overmen/ Senior Overmen to E1 grade. The eligibility for consideration for promotion would be:(i) Seven years total experience as Overman/Senior Overman or Head Overman in the case of recognized mining diploma holders. (ii)Seven years’ experience as Senior Overman or Head Overman in case the incumbent does not possess any recognized diploma.(b)Promotions to this grade would be on the basis of recommendations of the selection Committee. (c)On promotion, they will continue to discharge the statutory functions of Overman/ Senior Overman. (d)Promotion to the grades beyond E1 will be considered only if they possess the requisite statutory qualifications as laid down in the cadre scheme for mining discipline. 1.10.3.Survey Discipline- From non-executive to Executive Cadre, i.e. from Surveyor to the post of Survey Officer[31] in E1 grade All posts of Assistant Survey Officer in grade E1 will be filled in departmentally from amongst the surveyors with minimum of seven years’ experience after acquiring the qualification for Surveyor’s post. 31 Amended due to OM No. CIL/C-5A(vi)/CCC/1458 dated 01.07.2010.
Page | 141 1.10.4.Promotional Opportunities available to Diploma Holders and ‘A’ and ‘B’ Class Certificate Holders in Engineering (Non-Mining) Discipline (a) From Non-Executive to Executive Grade. As a promotional avenue, the non-executive and other subordinate engineering staff having diploma in engineering will be considered for promotion to the extent of 33.1/3% in each year through the process of selection test and interview. (b) For Promotion within Executive Grades (i)The promotional avenues for ‘A’ class supervisory certificate holders will hereafter be limited to E3 grade. (ii) Diploma holders, who are already in E3 grade and above, may be considered for promotion to higher level if the candidate concerned is of exceptional merit. There will be no bar on their promotions, but the promotions will be by strict selection. Special training to widen their outlook may be given. (iii) In respect of existing diploma holders who are not in the executive cadre or are in E1 to E2 grade, their promotions would be restricted upto E3 grade unless qualification equivalent to degree is acquired by them. 1.10.5.Promotional Avenues for Under Manager who could not obtain 1 stClass Manager’s Certificate of Competency Subject to the usual conditions relating to availability of vacancies against sanctioned posts, suitability/ merit, performance, personal traits. Seniority etc., the cases of Under Managers, who are not able to obtain 1 stClass Mine Manager’s Certificate, for promotion will be considered as under: (i) The eligibility period for consideration for promotion from E2 to E3 grade will be 4 years’ service in E2 grade. The cases of eligible Under Managers will be considered for promotion against vacancies of Senior Under Managers (E3 grade). The cases of Under Managers with 7 years’ service in E2 grade will be considered for promotion even by upgrading the posts to E3 grade, if required. The Under Managers promoted to E3 grade will be designated as Senior Under Manager and will continue to discharge statutory duties of Under Manager and/or such other duties as may be assigned to them.(ii) The eligibility period for consideration for promotion from E3 to E4 grade will be 4 years’ service in E3 grade. Promotions will be effected against vacancies reckoned at a maximum of 40% of the posts occupied by Senior Under Managers in E3 grade. The Under Managers promoted to E4 grade in terms of this Cadre Scheme will be designated as Senior Under Managers (Special grade) and shall continue to carry out statutory duties of Under Managers and/or such other functions as may be assigned by the Management. (iii) The senior Under Manager (Special Grade) in E4 grade who are not able to pass First Class Mine Manager’s Certificate of Competency, shall be exposed to an intensive training programme. Subject to passing of specified written and oral examinations after
Page | 142 completion of the above training programme and on completion of 3 years’ service in E4 grade, they will be eligible to be considered for promotion to a selection grade equivalent to E5. A maximum of 25% of the posts occupied by such Senior Under Managers in E4 grade (who have not been able to pass 1st Class Certificate) may be operated in the aforesaid Selection grade correspondence to E5. The Under Managers promoted to the aforesaid selection grade in terms of the Cadre Scheme shall continue to carry out statutory duties of Under Manager and/or such other functions as may be assigned by the Management. 1.10.6.Promotional Avenues of Office Supdts. who are in Tech. Grade ‘A’The general management functions would be discharged by the executives in Estate discipline who will look after the revenue functions. Office Supdts., who are in Tech. Grade-‘A’ would have promotional avenues in this discipline subject to their being otherwise qualified according to the cadre scheme for Estate discipline. Office Supdts. who are under graduates, may also be considered for promotion to E2 grade in the Estate discipline in relaxation of minimum qualification according to the cadre scheme, subject to their having exceptional merit and the specific written approval of the Cadre Controlling Authority. They, however, will have promotional avenues only upto E3 grade. 1.10.7.Promotional Avenues of Private Secretaries and Secretaries According to the existing practice, Private Secretaries have promotional avenues only upto E3 grade after which they have no channel of promotion. In view of this limited scope of them it has been decided to allow them promotional opportunities in Estate discipline for discharging general management functions subject to their fulfilling other stipulation according to the cadre scheme for Estate discipline. Relaxation to the Under Graduates at the discretion of the Cadre Controlling Authority in exceptional cases as available in the foregoing para viz. para 1.10.6 will also be available to the Private Secretaries/Secretaries. 1.11. Probation Officers promoted from one executive grade to the other shall be on probation for a period of one year, which may be extended at the discretion of the management. On successful completion of the probation period, the executive concerned may be confirmed in writing by an order with the approval of the competent authority. The procedure in this regard will be explained in Recruitment Rules. 1.12. Issue of Promotion Orders giving effective retrospectiveAs promotions to higher grades are necessarily for assumption of higher responsibilities, issuing promotion orders giving retrospective effect will not be in order. The question of giving retrospective effect, when such officers had not occupied higher positions and
Page | 143 discharged higher responsibilities, therefore, does not arise. Even in cases where, due to exigencies of work, an officer was asked to discharge higher responsibilities prior to the approval of the DPC proceedings and issue of promotion orders, such cases are to be dealt with separately under the acting allowance rules and not by giving promotions retrospectively. 1.13. Vigilance Clearance (a) Whenever an officer is transferred from one company to another, the transferring company should inform details of any departmental/ vigilance case pending against the executive concerned, to the company to which the executive is transferred. (b) Before issuing promotion orders on the basis of the recommendation of appropriate Departmental Promotion Committee, clearance from the vigilance department/ departmental & safety division (as the case may be), of the concerned company should be obtained. In case an executive has served more than two companies during the period of last five years, clearance from the vigilance departments, departmental & safety division (as the case may be) of all the companies where the employee had worked previously should be obtained before issue of promotion order. (c) Details [32] of all pending vigilance/ departmental proceedings should be intimated to the Personnel Division of Coal India headquarters, so that these facts are placed before the Departmental Promotion Committee and the Committee is aware of all the facts at the time of their deliberations. 1.14. Deputation [33]No deputation will be allowed except in exceptional circumstances/ cases with the prior permission of the Chairman, CIL where such deputation to Government departments and/or Public Sector Undertakings is likely to be beneficial to CIL. 1.15. Lien [20] Lien will be allowed in case of selection/appointments in other PSUs and in the Govt. Departments having close dealings with CIL provided the terms are agreed to between the CIL and the borrowing Organization/Govt. and in such cases the period of lien should not exceed the period for which the employees are appointed in the said PSUs/Govt. Departments. 1.16. General(i) Promotion to a higher post of an officer who has been kept under suspension and/or against whom vigilance/departmental action is pending. (a)All orders for promotion will be issued only after vigilance clearance. 32 Amended due to OO No. CIL/C5A(ii)/52100(2)/RC/792 dated 06.09.1993. 33 Amended vide OM No. CIL/C5A(vi)/50729/165 dated 25.09.1991.
Page | 144 (b)An executive, who has been placed under suspension pending enquiry and/or against whom departmental/vigilance proceedings are pending, will be promoted, if selected and placed in the select list by a DPC, only after completion of the proceedings and his complete exoneration of the charges. Such an officer shall be promoted in the first vacancy that may be available immediately after his complete exoneration with prospective effect. (c)When an officer has been completely exonerated and he is subsequently promoted, his seniority should be fixed as if he had been promoted in accordance with the position assigned to him in the select list. Period of his eligibility for consideration for promotion to the next higher grade should be reckoned with reference to the date his immediate junior has been promoted. In case there is no junior in the panel and the officer concerned is the last candidate in the recommended panel and there were existing vacancies at the relevant point of time when the immediate senior in the panel was promoted, the period of eligibility for consideration of promotion should be reckoned with reference to the date his immediate next above in the recommended panel has been promoted. Accordingly, the pay of such an executive on promotion should be fixed notionally by allowing the intervening period during which the officers could not be promoted due to his suspension and/or pending departmental enquiry to be counted for increments in the higher grade, but no arrears would be admissible to him (d)“Complete exoneration” shall mean conclusion of departmental proceedings without imposing any prescribed penalty, as per Conduct, Discipline and Appeal Rules. (e)Sometimes an officer might have been warned. The ’warning’ is not a penalty under Conduct, Discipline and Appeal Rules, 1978. This is administered by any authority superior to the executive in the event of minor lapses with a view to toning up efficiency and maintaining discipline. Where, however, a copy of warning is also kept in the Confidential Report dossier it will be taken to constitute an adverse entry and the officer so warned will have the right to represent against the same in accordance with the existing rules relating to communication of adverse remarks. (f)Where, however, a departmental proceeding has been completed and it is considered that the officer concerned deserves to be penalized; he should be awarded one of the recognized penalties according to the Conduct, Discipline and Appeal Rules, 1978. In such a situation a recordable warning should not be issued as it would, for all practical purposes, amount to “censure” which is a formal punishment under the Rules. In the circumstances, if it is considered, after conclusion of the disciplinary proceedings that some blame attaches to the officer concerned which necessitates of “censure” at least. If the intention of the disciplinary authority is not to award a penalty, then no recordable warning should be awarded. (g)If a recordable warning is issued as a result of disciplinary proceedings it should be
Page | 145 treated as “censure”.(h)Where departmental proceedings have ended with the imposition of a minor or major penalty, the recommendation of the Departmental Promotion Committee in favour of the executive whose promotion was withheld due to his suspension and/or pending departmental enquiry will not be given effect to but his case can be considered for promotion by the next DPC when it meets after conclusion of the Departmental proceedings. (ii) Withholding of Vigilance Clearance [34]Vigilance Clearance will be withheld in case of promotion under the following circumstances: (a)When an officer is under suspension. (b)When an officer in respect of whom a charge-sheet has been issued and disciplinary proceedings are pending; and (c)In case of a regular case, the Competent Authority has decided to accord sanction for prosecution of the officer in Court. (iii)Promotion of officers who have been connected with serious and/or fatal mine accident (1) The intentions of the provisions of 1.13 (b) & (c) is not only to cover the cases of vigilance and departmental inquiries but also the cases when an executive has been held guilty by the DGMS in serious and/ or fatal mine accidents. Executives so involved will fall under this category and therefore, clearance for promotion in these cases shall be withheld. In order to enable the Personnel Division of Coal India Limited to be kept posted on matters relating to involvement of executives in such mines accidents, the relevant information as soon as received from DGMS should, as a matter of course, be passed on to this office as the cadre of the officers is centrally controlled. [35](2) The question of withholding of promotions of the officers involved in fatal accident was examined by the Department of Coal in consultation with the DGMS, Ministry of Labour and the CMDs of the coal companies and in the context of the delays which take place in completion of prosecution launched in the courts of law, it was decided that the question of withholding of promotions of the officers concerned would be reviewed as per the following procedure: Procedure for issuance of Safety Clearance of Executives for promotion in case of pending Court cases relating to serious and/ or fatal mine accidents: [36]34 Amended vide OM No. CIL/C-5A(vi)/CCC/50729/137 dated 12.09.2002. 35Amended due to OO No. CIL/C5A(ii)/52100(2)/RC/792 dated 06.09.1993.36 Incorporated due to OM No. CIL/C5A(PC)/Safety Clearance/753 dated 26.08.2021.
Page | 146 1. Internal Safety Organization (ISO) of Subsidiaries shall maintain and update the “Detailed Report on Safety performance & Appraisal” of all Executives on its muster roll on every 30 June & 31 December. thst2. Head of ISO of the respective Subsidiary shall put up the above mentioned report of Safety Performance & Appraisal along with appropriate justifications, to the Subsidiary Board in every six months (January & July) for consideration of the case and approval for the grant of Safety Clearances in respect of the Executives, whose cases are being enquired by High Powered Committee constituted by Chairman, CIL or by Court of Enquiry under Section 24 of Mines Act, 1952 or by DGMS. 3. In Case of Prosecution launched in the Court of Law for fatal accident(s) occurred in Mines, the details regarding charge of offence and the updated status of the Court/ Court of Enquiry proceedings shall be examined to prepare the appropriate justifications on case to case basis, for the purpose for grant of Safety Clearance by the Board of the respective Subsidiary. 4. In context of the delays in completion of prosecutions launched by DGMS in the Courts of Law or in case of Court of Enquiry, for more than 18 months from the date of filing the case or the start of proceeding by Court of Enquiry as the case may be, grant of the Safety Clearance may be proposed to the Board of the Subsidiary Company along with appropriate justifications as per clause 3 mentioned above, by the Head of ISO in the following situations: a. When the Executive concerned is not found responsible in ISO enquiry or Executive has been exonerated by DA. b. When the Executive concerned is found responsible in ISO enquiry and the penalty/ penalties has/ have been awarded but the currency period of punishment is over. (3) As and when the Board of Directors of the company taken decisions in respect of the cases referred to above, the same, may be intimated to the Personnel Division of Coal India for record and necessary action. [37](iv)Seniority in the promoted scale of an executive whose promotion has been delayed due to pending prosecution proceedings on fatal and/or serious mine accidents. The seniority of officers whose promotion has been delayed due to pending prosecution proceedings in fatal / serious mine accidents and promoted after a review will be determined in the same manner as in the case of officers whose promotion was delayed due to pending departmental/vigilance proceedings. Example: Suppose an Officer ‘X’ has been empaneled for promotion and his position is at Sl. No. 10 in the panel prepared by the Departmental Promotion Committee. But he could not be 37 Amended due to OO No. CIL/C5A(ii)/52100(2)/RC/792 dated 06.09.1993.
Page | 147 promoted to the next higher grade as a case for fatal accident was pending against him at the time of issue of the promotion orders and orders promoting 20 officers to the next higher grade issued, excluding ‘X’. Subsequent to the issue of these promotion orders, the safety clearance is given in respect of ‘X’, after processing the case against him he is promoted at a later date. The seniority of ‘X’ on promotion should be fixed as if he had been promoted in accordance with the position assigned to him in the select list. The pay of ‘X’ on promotion should be fixed notionally by allowing the intervening period during which the officer could not be promoted due to pending departmental enquiry, to be counted for increments in the higher grade, but no arrears would be admissible to him. (v) Clarification regarding imposition of ‘Censure’[38](i)As per existing provisions of Common Coal Cadre, if the ‘Censure’ has been imposed to an executive, arising out of disciplinary proceedings as per CDA Rules after holding of DPC and whose name is in the recommended panel by the said DPC, the recommendation of the said DPC in respect of the concerned executives cannot be given effect to but, he will be considered for promotion by the next DPC when it meets next. (ii)However, if the ‘Censure’ is awarded to an executive before holding DPC meeting, there will not be any effect of ‘Censure’ and the executive concerned if recommended in the said DPC will be eligible to be promoted. (vi)Clarification regarding date of clearance status in case of promotion [39]The date on which the clearance is to be taken into account for effecting the promotion should be the date of promotion order from CIL as the date for determining the position of the concerned executive in respect of the clauses mentioned in the OM No. CIL/C5A(VI)/CCC/50729/137 dated 12.09.2002 and Clause IV of CVO, CIL OM No. CIL/VIG/2015/MK-3/Conf/446 dated 31.05.2016; and only in cases, where the relevant clause(s) fails on or before the date of issue promotion order from CIL, the clause regarding withholding vigilance clearance should apply. 1.17. Ad-Hoc Promotion [40]BPE vide its OM No. 15/20/85-GM dated 23.07.1985 has enclosed CVC’s guidelines regarding promotion of employees of Public Sector Undertakings whose conduct is under investigation or against whom the disciplinary/criminal proceedings are pending and not concluded even after the expiry of two years from the date of the DPC which first considered the officer for promotion. In the said OM the following instructions have been issued for allowing ad-hoc promotions: (i) For the purpose of the review of the case for issue of ad-hoc promotion order where the disciplinary/court proceedings have not concluded even after the expiry of 2 years from 38 Incorporated due to letter No. CIL/C5A(vi)/CCC/569 dated 05.10.2007. 39 Incorporated due to letter No. CIL/C-5A(CRC)/Vig/55 dated 05.04.2017. 40 Incorporated due to OM No. C-5A(iii)/50996/(Pt)/1205 dated 07.02.1986.
Page | 148 the date of the first DPC, the Cadre Controlling Authority may be treated as “Appointing Authority” for review of such cases.[41] (ii)The Company’s interest may be treated as “Public Interest.”(iii)Promotion on ad-hoc basis in terms of this O.M. will be subject to availability of a vacancy in the higher grade in the relevant discipline. The two years period for consideration of ad-hoc promotion of an employee whose promotion was withheld because of pending disciplinary/court proceedings should be reckoned from the date his junior in the panel was promoted on availability of vacancies, and not from the actual date of DPC.[42](iv)In this Company we have a practice that where after recommendation of the DPC an Officer has not been promoted for want of vigilance clearance, his case is put up at the next meeting of the DPC for re-validation, or otherwise, of the recommendation of the previous DPC in respect of the concerned officer. Therefore, where the recommendation for promotion of an official has already been revalidated by a subsequent DPC, the case may be placed before the Competent Authority for review and issue of ad-hoc promotion order. However, in other cases, the same may be placed before the next DPC held in normal course. (v) The ad-hoc promotions under the above instructions will be effective only from the date of issue of the ad-hoc promotion order. 1.18. Creation of Company Secretary Cadre [43]1.18.1.Modalities for one-time selection of Executives of other disciplines to Company Secretary Cadre a. Those Executives who opt to work in Company Secretary Department may be selected under Company Secretary Cadre against an internal notification based on their applications as per the following criteria: i. Acquired Company Secretary Qualification from ICSI. Preference would be given to Executives who have already acquired Associate/ Fellow Membership of the Institute. ii. Left with minimum 5 years of service as on the date of the notification. iii. The applicants have to submit a declaration stating that on selection, they will work in Company Secretary Department and will never request for reverting back to their parent Cadre. b. The promotion of all such selected Executives will be decided as under: i. If the candidate is already having Associate/ Fellow membership: 41 Amended due to OO No. CIL/C5A(ii)/52100(2)/RC/792 dated 06.09.1993. 42 Amended vide OM No. CIL/C-5A(iii)/50996/(Pt)/991 dated 03.12.1986. 43 Incorporated due to OM No. CIL/C5A(PC)/CS Cadre/448 dated 04.07.2020.
Page | 149 1. After one year of joining Company Secretary Cadre, he/ she will be promoted to next higher grade subject to other conditions of promotion. 2. In case, his/ her junior in same grade in previous cadre/ discipline gets next higher grade promotion, then after one year of such promotion of junior Executive, he/ she will be promoted to next higher grade subject to other conditions of promotion. However, his/ her notional seniority will be at par with such junior Executive. ii. If the candidate does not possess Associate/ Fellow membership at the time of selection and obtains it later: 1. After one year of joining Company Secretary Cadre or from the date of obtaining fellowship, whichever is later, he/ she will be promoted to next higher grade subject to other conditions of promotion. 2. In case, his/ her junior in same grade in previous cadre/ discipline gets next higher grade promotion, then after one year of such promotion of junior Executive or from the date of obtaining fellowship, whichever is later, he/ she will be promoted to next higher grade subject to other conditions of promotion. However, his/ her notional seniority will be at par with such junior Executive. Explanation: [44]Sl. No. Membership Associate/ Fellow Promotion of junior of same grade in previous Cadre Promotion to next higher grade in Company Secretary Cadre 1. Acquired membership before selection. Not promoted within 1 year of selection. After 1 year of selection. 2. Promoted within 1 year of selection. After 1 year of junior’s promotion with notional seniority at par with junior’s promotion.3. Acquired membership after selection. Not promoted within 1 year of acquired membership. After 1 year of acquired membership. 4. Promoted within 1 year of acquired membership. After 1 year of junior’s promotion with notional seniority at par with junior’s promotion.Note: (i) Executives would be promoted to next higher grade on completion of one year as mentioned in the above table irrespective of vacancies. (ii) The above incentive is applicable only for promotion to next immediate higher grade and as such, further career growth of such selected Executives would be governed as per the provisions of the Cadre Scheme alike other Executives. 44 Incorporated due to letter No. CIL/C5A(PC)/CS/570 dated 18.02.2021.
Page | 150 c. The modalities of selection with regard to distribution of marks under different parameters will be as under: Sl. ParametersMax Marks 1 Qualification i. Acquired Company Secretary Qualification without any membership 40 Marks 50 Marks ii. Associate Member of ICSI 45 Marks iii.Fellow Member of ICSI 50 Marks 2 Experience in Company Secretary Department of CIL/ Subsidiaries: 1 Mark per completed year- maximum 10 Yrs. 10 Marks 10 Marks 3 PMS Ratings of last 3 years* Ultimate year (7) + Penultimate year (7) + Year 20 marks preceding penultimate year (6) 20 marks 4 Personal Interview (Professional, Technical knowledge and General awareness) 20 Marks 20 Marks Total marks (1+2+3) 100 Marks** * The absolute PMS scores are proportionately computed to the respective marks allocated for the concerned year. Example: PMS Scores Ultimate year 1.5 (Outstanding) Penultimate year 2.6 (Good) Year preceding penultimate year 2.5 (Very Good) Ultimate year 7 1.5 in 1 to 5 scale (6-1.5) 4.5 in 5 (4.5/5)*7 6.3 to 1 scale Penultimate year 7 2.6 in 1 to 5 scale (6-2.6) 3.4 in 5 (3.4/5)*7 4.76 to 1 scale Year preceding 6 2.5 in 1 to 5 scale penultimate year (6-2.5) 3.5 in 5 (3.5/5)*6 4.2 to 1 scale Total Score out of 20 15.26 ** Minimum marks for empanelment will be 60 marks out of 100. The Selection Committee will be chaired by D(P&IR), CIL and will consist of the following members:
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