Serial No.

Reference No.

Date

Subject

(1)

(2)

(3)

(4)

1.

Resolution No. 9488/94

18-06-1974

Formulation of instructions Governing Recruitment and Conditions of Service of Work-charged employees.

2.

Circular No. 12465 (Gen.)

25-04-1989

Age of superannuation of post-Clarification regarding.

3.

Circular No. 22107 (Gen.) (Oriya)

19-07-1989

Privilege of holding Green Cards by the Work-charged employees.

Short Title and commenceme-nt and scope.

1. (1) These instructions may be called the Orissa Work-charged Employees (Appointment and Conditions of Service) Instruction, 1974.

¹[(2) The said instructions should come into force with effect from the date of issue of this.]

(3) These Instructions shall be applicable to those employees whose pay and allowances are debitable to the concerned item of work for which they are employed :

Provided that these Instructions shall not be applicable to those employees borne on a regular establishment notwithstanding the fact that their pay and allowances are charged to the item of work for which they are employed for the time being.

Provided further that these Instructions shall not operate to the disadvantage of any workman who is covered by any labour laws or terms of any award, agreement or contract of service and in such event the relevant provisions of such labour laws or terms of any award agreement or contract of service shall be applicable to him.

1. Substituted vide G. A. Department Notification No. 13703, dated the 19th August 1974.

Definitions

2.  (1) In these Instructions unless there is anything repugnant in the subject or context.

(a)

“Appointing authority” means

(i) The authority who appointed a work-charged employee before the commencement of these Instructions or,

(ii) the authority not below the rank of Executive Engineer who is in-charge of the execution of the work, or

(iii) such other authority as may be notified from time to time by the Government.

(b)

“Approved Service” means continuous service including authorized leave.

(c)

“Chief Engineer” means a Chief Engineer under the control of any of the Departments mentioned in item (g) below :

(d)

“Employer” in case of a work-charged establishment which is treated as an industry for the purpose of Industrial Dispute Act, 1947 means such authority as prescribed by the State Government or where no authority is prescribed, the Head of the Department concerned.

(e)

“Employees” means work-charged employees

(f)

“Establishment” means work-charged establishment

(g)

“Executive Engineer” means an Executive Engineer under the administrative control of Works Department or Water Resources Department or Energy Department or Rural Development Department or Housing and Urban Development Department.

(h)

“Government” means the State Government of Orissa

(i)

“Heads of Department” means the Government servants mentioned in Appendix 3 of Orissa Service Code.

(j)

“Pay” means an amount drawn monthly by an employee for the post held by him in the work-charged establishment and excludes dearness allowance and other temporary additions to the emoluments granted by Government from time to time.

(k)

“Post” means a work-charged post

(l)

“Prescribed qualification” for recruitment to any work-charged post shall be the same qualifications as prescribed for a corresponding post in the regular establishment. Where there is no corresponding post in the regular establishment, the qualification will be prescribed by the appointing authority.

(m)

“Skilled employees” are those employed in posts notified as “skilled” from time to time by Government.

(n)

“Sub-divisional Officer” means a Sub-divisional Officer under the administrative control of any Department mentioned in items (g) above.

(o)

“Superintending Engineer” means a Superintending Engineer under the administrative control of any Department mentioned in item (g) above.

(p)

“Unskilled employees” are employees other than those notified as “Skilled”.

(q)

“Work-charged Establishment” means an establishment where the pay and allowances of the employees are charged to the item of work for which they are employed.

Tenure and condition of appointment.

2.  (1) Work-charged Establishment shall consist of employees of two categories, namely (1) those employed for actual execution of work and (2) those for general supervision of a specific work or of sub-works of a specific project or subordinate supervision of departmental labour, stores and machinery in connection with such work or sub-work. When employees borne on regular establishment are employed on work of this nature, their pay and allowances should be charged direct to the work. If the entertainment of work-charged establishment is contemplated for supervision in connection with any work. The cost should be invariably shown as a separate sub-head of the estimate for that work. Pay and allowances of those employed for the actual execution of work should be debited to the concerned item of work.

(2) The employment of a person appointed under the work-charged establishment for a particular work will cease on completion of the work or it can be terminated earlier at any time without assigning any reason.

(3) the whole time of a work-charged employee is at the disposal of Government and no over time allowance can be claimed on any account.