THE SALES PROMOTION EMPLOYEES
(CONDITIONS OF
SERVICE) RULES, 1976
CONTENTS
PRELIMINARY
1. Short title.
2. Definitions
HOLIDAYS AND
LEAVE
3. Applicability of this Chapter
4. Number
of holidays in a year
7. Wages for weekly day of rest
10. Recording of
reason for refusal or postponement of leave
11. Affixing of
holidays to leave
12. Holidays
intervening during the period of leave
13. Recall before
expiry of leave
14. Earned leave and
cash compensation for earned leave not availed of
15. Medical leave
16. Quarantine leave
18. Leave mot due
19. Study leave
20. Casual leave
CHAPTER III
LETTER OF APPOINTMENT
REGISTERS AND
OTHER DOCUMENTS
23. Maintenance of
Registers and other documents
THE SALES
PROMOTION EMPLOYEES
(CONDITIONS OF
SERVICE) RULES, 19761
1. Vide G.S.R. 113 (E), dated 8th March, 1976, published
in the Gazette of India, Extra. Pt. II Section 3 (i), dated 8th March, 1976
In exercise of the powers conferred by sub-section (1), read with sub-section (2) of section 12 of the Sales Promotion Employees (Conditions of Service) Act, 1976 (II of 1976), the Central Government hereby makes the following rules, namely: -
CHAPTER I
PRELIMINARY
1. Short title. -
These rules
may be called the Sales Promotion Employees (Conditions of Service) Rules,
1976.
2. Definitions. - In these rules unless the
context otherwise requires, -
(a) “Act” means the Sales Promotion Employees
(Conditions of Service) Act, 1976 (11 of 1976);
(b) “Authorised medical attendant” means the medical practitioner authorised by the employer for the purposes of any of the provisions of the Act or the rules made thereunder;
(c) “Casual leave” means leave to cover casual absence of the sales promotion employee from duty for personal reasons;
(d) “Earned leave” means leave admissible under clause (a) of
section 4;
(e) “Extraordinary leave” means leave granted
to the sales promotion employee in special circumstances and when-
(a) No other leave is admissible; or
(b) Other leave is admissible but the
employee applies in writing for the grant of extraordinary leave;
(f) “Form” means a form appended to these rules;
(g) “Leave” means earned leave, leave on medical
certificate, extraordinary leave, leave not due, casual leave, study leave or
quarantine leave;
(h) “Leave not due” means leave which is not
due to the sales promotion employee but which may be granted to him in
anticipation of its being earned subsequently;
(i) “Leave on medical certificate” means leave admissible under clause (b) of section 4;
(j) “Quarantine leave” means leave of
absence from duty by reason of the presence of an infectious disease in
household of the sales promotion employee;
(k) “Section” means a section of the Act;
(l) “Study leave” means leave granted to a
sales promotion employee to enable him to undertake a course of study.
3. Applicability
of this Chapter. - The provisions of this Chapter shall have effect notwithstanding
anything inconsistent therewith contained in any agreement or Contract of
service or award applicable to a sales promotion employee:
Provided that where under any such agreement or contract of service or award a sales promotion employees is entitled to benefits in respect of any matter provided in this Chapter which are more favourable to him than those to which he would be entitled to under this Chapter, the sales promotion employee shall continue to be entitled to the more favourable benefits in respect of that matter notwithstanding that he received benefits in respect of other matters under these rules.
4. Number of holidays in a
year. -A
sales promotion employee shall be entitled to ten holidays in a calendar year.
5. Compensatory
holidays. - If a sales promotion employee is required to attend to his duties on a
holiday, a compensatory holiday shall be given to him, within thirty days
immediately following the holiday, on a day mutually agreed upon by him and his
employer.
6. Wages for
holidays. - A sales promotion employee shall be entitled to wages of all holidays,
as if he was on duty.
7. Wages for
weekly day of rest. - A
sales promotion employee shall be entitled to wages for the weekly day of rest
as if he was on duty.
8. Competent
officers. - Every establishment may designate one or more officers in the
establishment as competent officers for the purpose of this Chapter.
9. Application for leave. -
(1) A
sales promotion employee who desires to obtain leave of absence shall apply in
writing to the competent officer.
(2) Application for leave, other than for
casual leave, leave on medical certificate and quarantine leave, shall be made
not less then one month before the date of commencement of leave, except in
urgent or unforeseen circumstances.
10. Recording of
reason for refusal or postponement of leave. - If leave is refused or postponed, the competent officer shall
record the reasons for such refusal or postponement as the case may be, and
send a copy of the order to the sales promotion employee concerned.
11. Affixing of holidays to
leave. - Holidays, other than weekly
days of rest, shall not be prefixed or suffixed to any leave without the prior
sanction of the competent
officer.
12. Holidays
intervening during the period of leave. - A holiday, including a
weekly rest day, intervening during any leave, except casual leave, granted
under these rules shall form part of the period of leave.
13. Recall before expiry of leave.
-
(1) The establishment may recall a sales promotion
employee on leave if the employer considers it necessary to do so and in the
event of such recall the employee shall be entitled to travelling allowance for
the journey undertaken by him to join duty if at the time of recall the
employee is spending his leave at a place other than his headquarters.
(2) The travelling allowance which shall be paid to a sales
promotion employee
under sub-rule (1) shall be
determined in accordance with the rules of the establishment governing
travelling allowance for journeys undertaken by the employees in the course of
their duties.
14. Earned leave and cash
compensation for earned leave not availed of. -
(1) The maximum limit tip to which earned
leave can be accumulated shall be 180 days out of which a sales promotion
employee can avail himself of 90 days at a time:
Provided that where a sales promotion employee is suffering from any lingering illness such as, tuberculosis, cancer, leprosy, heart disease or mental illness, or any disability which prevents him from attending to his duties, the competent authority may allow the sales promotion employee to avail himself of earned leave for any period exceeding 90 days at a time.
(2) When a sales promotion employee voluntarily relinquishes his post, or retires from service on reaching the age of superannuation, he shall be entitled to cash compensation for earned leave earned by him and not availed of-.
Provided that a sales promotion employee shall not be entitled to cash compensation for earned leave not availed of for a period exceeding 120 days.
(3) Notwithstanding anything contained in
sub-rule (2) where a sales promotion employee had applied for earned leave due
to him so as to enable him to avail of such leave immediately before he
voluntarily relinquishes his post or retires on reaching the age of
superannuation and such leave was refused, the sales promotion employee shall
be entitled to cash compensation for the entire period of earned leave so
refused as well as cash compensation for the period of earned leave due to him,
in respect of which no application to avail of the same was made; so, however,
that the total period of earned leave for which cash compensation shall be
payable under this sub-rule shall not exceed
180 days.
(4) Where a sales promotion employee dies while in service his
heirs shall be
entitled to cash compensation for the entire earned
leave due to such employee and not availed of.
(5) Where a sales promotion employee's services are terminated for
any reason
whatsoever (not being
termination as punishment), he shall be entitled to cash compensation for the
entire earned leave due to him and not availed of.
(6) The cash compensation payable under this
rule in respect of earned leave shall be equal to the amount of wages due to
the sales promotion employee for the period of leave not availed of or
refused.
15. Medical leave. -
(l) For
the purposes of availing leave on medical certificate under clause (b) of section
4, the sales promotion employee shall produce a medical certificate from on
authorised medical attendant:
Provided that where a sales
promotion employee has proceeded to a place other than his headquarters with
the permission of hi s employer or in the course of the discharge of his duties and there falls ill, he may produce a medical certificate
from any registered medical practitioner practising at the place where he falls
ill:
Provided further that the employer may, when the registered medical practitioner whose certificate is produced is not in the service of the Government, arrange at his own expense for the medical examination of the employee concerned by any Government Medical Officer not below the rank of a Civil Assistant Surgeon or by any other Medical Officer in charge of a hospital run by a local authority or a public organisation at that place.
(2) Leave on medical certificate may be taken in continuation of
earned leave.
(3) A sales promotion employee shall be entitled
at his option to convert leave on medical certificate on one-half of the wages
to half the amount of leave on full wages (hereinafter referred to as converted
leave).
(4) Leave on medical certificate or converted
leave may be granted to an employee at his request notwithstanding that earned
leave is due to him.
(5) Every establishment may authorise one or more medical practitioners registered under the Indian Medical Council Act, 1956 (102 of 1956) as authorised medical attendants for the purposes of the Act or the rules made thereunder.
16. Quarantine leave.
-
(1) Where, in consequence of the presence of an infectious
disease, in the house-hold
of a sales promotion employee, his attendance is considered hazardous to the
health of other people, the employee concerned may be granted quarantine leave.
(2) The quarantine leave i-nay be -ranted for
a period upto 30 days on the recommendation of the authorised medical attendant
or Public Health Officer.
(3) A sales promotion employee on quarantine
leave shall be treated as on duty for all purposes.
17. Extraordinary
leave. - A sales promotion employee may be granted extraordinary leave in
special circumstances without wages at the discretion of the employer.
18. Leave not
due. - A sales
promotion employee who has no leave to his credit, may be granted leave not
due, at the discretion of the employer.
19. Study leave.
- A sales
promotion employee may be granted study leave with or without wages at the
discretion of the employer.
20. Casual leave. -
(1) A sales promotion employee shall be eligible for casual leave for fifteen days in a calendar year.
(2) Casual leave not availed of during a calendar year shall not be carried forward to the following year.
(3) The sales promotion employee may take any
amount of casual leave at a time and casual leave may be combined with any
other kind of leave.
21. An employee on casual leave
shall be entitled to wages as if he was on duty.
CHAPTER III
LETTER
OF APPOINTMENT
(1) The
letter of appointment to be furnished to a sales promotion employee under
section 5 shall be in Form A.
(2) Every change in the particulars mentioned
in the letter of appointment given to an employee shall be communicated to the
employee concerned forthwith either by personal service with proper receipt or
by registered post acknowledgement due.
CHAPTER IV
REGISTERS
AND OTHER DOCUMENTS
23. Maintenance
of Registers and other documents. - Every establishment shall prepare and maintain the following
registers and records, namely: -
(a) A Register of Sales Promotion Employees in Form B;
(b) Service Books for every employee in Form C;
(c) A Register of Service Books in Form D;
(d) Leave Account of each employee in Form E.
[See rule 22(l)]
LETTER
OF APPOINTMENT
1. Name
of the establishment………………………………………………………….
2. Address……………………………………………………………………………..
3. Name
of the employer……………………………………………………………….
4. Name
and address of the sales promotion employee*
5. Shri./Smt.…………………………………… is appointed as……………… ……in
this
establishment with effect form………………………………………………….
6. His/Her
appointment is on probation for…………… /temporary
basis/permanent
basis…………………………………..(insert
here the period)
7. His/Her
scale of wages/rate of increment in wages per………………………… shall
be……………………………………………………..(insert
here the period)
(insert here the amount)
8.
He/She will draw a total wages of…………………. Per……………………………
………………………………(insert here the
amount)……...(insert here the period)
composed of the following,
namely:-
(i) Basic Pay…………………… Dearness Allowance…………………………
…………………(insert here the
amount)………………… (insert here the amount)
(ii) Other allowances…………………………………………………………….
……………………………(insert here the
particulars)
9. Other
conditions of service…………………………………………………………..
Date…………………………………………………. Signature of the employer.
_____________________________
*. Any Change of address of the employee
shall be communicated to the employer.
[See rule 23(a)]
REGISTER
OF SALES PROMOTION EMPLOYEES
Name of establishment………………………………… Place…………………………….
Name of employer……………………………………..
Date as on Ist of every month |
Total number of employees |
Total number of sales promotion employees |
Names of sales promotion employees |
Designation |
Remuneration |
Particulars of |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
_________________________________________________________________________
Date…………………………….. Signature of employer
[See rule 23(b)]
SERVICE
BOOK
(1) Name………………………………………………
(2) Native
Place………………………………………..
(3) Postal Address……………………………………..
(4) Father's name and Address………………………..
(5) Date
of birth…………………………………………
(6) Educational
and other qualifications………………
(7) Date
of first appointment and nature of job……….
(8) Date of termination of employment, resignation, retirement or
death……………
(9) Reasons
or termination……………………………………………………………
(10) Personal
marks of identification………………………………………………….
(11) Signature of the sales promotion
employee………………………………………
(12)
Signature with date and
designation of the employer……………………………
Post held |
Scale of pay of the post held |
Whether: (i)permanent (ii)temporary or (iii)any other category |
Emoluments drawn: Wages
and Commission to be
shown separately |
Signature of the employee |
Signature of the employer |
Recorded incerment reward or apprecia- tion of The employee, |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
[See rule 23(c)]
REGISTER
OF SERVICE BOOKS FOR SALES PROMOTION EMPLOYEES
Name of establishment…………………… Place……………………
Name of employer………………………
S. No. |
Name and designation of the Sales Promotion
employee |
Service Book No. |
Remarks |
1 |
2 |
3 |
4 |
|
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|
|
[See rule 23(d))
LEAVE ACCOUNT
Name of establishment………………………. Place………………………………..
Name of the Sales promotion employee…….. Date of joining service………………
Period of duty |
No. of days |
Leave earned |
Balance of leave carried over |
Total leave due |
Earned leave |
Balance of earned leave |
Leave on Medical Certificate |
Other kinds of leave |
Remarks |
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From |
to |
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From |
to |
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Due |
Availed |
Availed |
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