Railway Servants HOER (Hours Of Work And Period Of Rest) Rules, 2005

HOER Rule No.1: Short title, commencement and application

Railway Servants (Hours Of Work And Period Of Rest) Rules, 2005

GSR 75, 28th February, 2005; In exercise of the powers conferred by Section-136 of the Railways Act, 1989 (24 of 1989), the Central Government hereby makes the following rules, namely:-

 PART-1

1.    Short title, commencement and application:-

(1)   These rules maybe called the Railway Servants (Hours of Work and Period of Rest) Rules, 2005,

(2)   They shall come into force on the date of their publication in the Official Gazette,

(3)   They shall apply only to those Railway Servants to whom Chapter-XIV of the Act applies.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.2: Definitions

In these rules, unless the context otherwise requires;

(a)   Act means the Railways Act, 1989;

(b)  Full-Night means the period between 10.00 p.m. and 6.00 a.m.

(c)  Long-On means a period of duty over eight hours in the case of Intensive Workers, over ten hours in the case of Continuous workers and over twelve hours in the case of Essentially Intermittent workers;

(d)   Ordinary rate of pay includes;

(i)    Pay as defined in rule 1303 (FR-9) of the Indian Railway Establishment Code Volume-II and includes element of running allowance to the extent of 30 per cent of basic pay in the case of running staff as defined in Rule 1507 of the aforesaid Code,

(ii)    Dearness Allowance, Additional Dearness Allowance and Dearness Pay, if any, and

(iii)   Compensatory (City) Allowance;

(e)   Railway Servants Employed In Confidential Capacity includes;

(i)    Stenographers working either in a separate confidential cell or attached to the officers in Administrative offices,

(ii)    Cypher operators,

(iii)   Confidential Assistants and Personal Assistants, and

(iv) Any other railway servant who may be so specified by the Head of the Railway Administration to have been employed in confidential capacity;

(f)    Regional Labour Commissioner means an officer appointed as such by the Government of India in the Ministry of Labour, by notification in the Official Gazette.

(g)   Roadside Station means a station other than;

(i)    An important junction station,

(ii)    A station with marshalling yard,

(iii)   An important terminal station,

(iv)   A station from which trains are ordered as a regular measure, and

(v)   A station where a separate goods office under a supervisory Goods Clerk, in the grade of Chief Goods Clerk or of higher rank sanctioned on the basis of workload in that Goods Office has been provided;

Provided that the Head of the Railway Administration or the authority to whom he may delegate this power, may draw up a list of road-side stations keeping in view the above definition.

(h) Roster means a document which shows the hours that a railway servant expected to be on duty every day, the daily as well as weekly rest and break between spells of duty in a day besides other necessary particulars;

(i)    Running Staff means the staff who are defined to be so in Rule 1507 of the Indian Railway Establishment Code, Volume-II;

(j)    Section means a section of the Act;

(k)   Short Off means a period of rest which is;

(i)    In the case of intensive workers;

(A)   Less than 12 hours in a roster of six hours duty, and

(B)   Less than 14 hours in a mixed roster of 6 and 8 hours duty,

(ii)    In the case of continuous worker – less than 10 hours,

(iii)   In the case of essentially intermittent workers – less than 8 hours,

(l)    Split Duty means duty in two or more spells with intervening breaks each of half or more hours necessitated by exigencies of work and when the employee is free to leave his place of duty. Intervals for rest and meals shall not be breaks for the purpose of split duty;

(m) Sustained Attention as used in clause (b), section 130 implies mental effort.

Explanation:- A Pointsman waiting for the arrival of a train after setting points is required to give sustained attention. Similarly, a Station Master or an Assistant Station Master is generally required to pay sustained attention from time he gives line clear to the Station in rear till the time the train arrives and again from the time the line clear is asked for to the time the Block Section ahead is cleared. Wherever circumstances justify a different treatment, the period involving sustained attention may be decided by the Controlling Authority. In case of any doubt, the decision of the Head of the Department shall be final.

(n)   All other words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Indian Railway Establishment Code or the Act.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.3: Prescribed Authority To Classify The Employment Of Railway Servant

(1)   The power to declare the employment of railway servants as ‘Intensive’ or Essentially Intermittent’ within the meaning of Section 130 shall vest in the Head of the Railway Administration;

Provided that the Head of the Railway Administration may, in his discretion, delegate the power vested in him under this sub-rule to the Chief Personnel Officer:

Provided further that during the period of emergency such as flood, accident, the power vested in the competent authority can be exercised by an officer not below the rank of senior scale.

(2)   A copy of every declaration made by the prescribed authority under sub-rule (1) shall, as soon as may be, sent to the Regional Labour Commissioner concerned and, in case the declaration is made by an officer other than the Head of the Railway Administration, to the Head of the Railway Administration or the Chief Personnel Officer, as the case may be.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.4: Appeals against classification

(1)   Any railway servant aggrieved by the declaration of classification made under Rule-3 may, within ninety days from the date of such declaration, prefer an appeal to the Regional Labour Commissioner, who, after scrutiny of relevant documents or if considered necessary, after a fresh job analysis, may order for a change in the classification.

(2)   Any railway servant or Railway Administration aggrieved by a decision of the Regional Labour Commissioner may, before the expiry of ninety days from the date on which the decision of the Regional Labour Commissioner is communicated to him, prefer an appeal to the Secretary to the Government of India in the Ministry of Labour who will dispose it off after hearing the parties concerned.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.5: Supervisory Staff

(1)   The Ministry of Labour shall, by order in writing, specify the railway servants or classes of Railway servants who shall be treated as supervisory staff under sub-clause (iv) of clause (c) of Section-130 on the ground that the Railway servant holds a position of responsibility, is employed on duties mainly of a supervisory character and is, from the nature of his work and position, comparatively free to adjust his hours of duty or work during such hours;

Provided that the railway servants who on the date of publication of these rules are treated as supervisory staff under these rules shall continue to be treated as such until the orders specifying the railway servants or classes of railway servants as supervisory staff is issued under this sub-rule.

(2)   A copy of every such order issued under sub-rule (1) shall be furnished to the Chief Labour Commissioner (Central), New Delhi.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.6: Excluded Staff

The following categories of staff of the Health and Medical Department shall be treated as ‘Excluded’ under sub-clause (v) of clause (c) of Section-130, namely;

(a)   Matrons:

(b)   Sisters-in-charge;

(c)   Midwives who are not posted on regular shift duty in Railway Hospitals

(d)   Health Educators and District Extension Educators (Male and Female)

(e)   Family Planning Field Workers (Male and Female);

(f)    Lady Health Visitors;

(g)   Auxiliary Nurses-cum-Midwives;

(h)   Projectionists.

In addition to the above, the Ministry of Railways may, by order in writing, specify any other category of railway staff in any of the Departments of the Indian Railways who shall be treated as ‘Excluded’ on the consideration that such staff are available on call.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.7: Criteria for determining classification of railway servants

(1)   Continuous – All employments of Railway servants except those excluded from the purview of the Hours of Employment Regulations are assumed to be `Continuous’. Thereafter, on the basis of factual job analysis, the employment may be classified either as ‘intensive’ or ‘essentially intermittent’, as the case may be.

(2)   Intensive – The two important factors in declaring an employment as `Intensive’ under clause (d) of Section – 130 of the Act are;

(i)    Strenuous nature of the work tending to cause mental or physical strain; and

(ii)    Continuous application to such work with little or no periods of relaxation.

Explanation-I: The term’ continued concentration’ in clause (d) of the Section – 130 is intended to convey that the attention demanded of the Railway servant concern for a particular nature of job should be exclusive not to allow any other thought or idea to enter the mind and must be of such nature as to cause strain (physical or mental or both) upon the Railway servant concerned as a result of continuous application to such work over certain period without reasonable periods of respite. Thus, having regard to the entire period of duty and nature of work, the prescribed authority shall before declaring any employment as ‘Intensive’, satisfy itself that the above factors are present in the job concerned. In other words, the prescribed authority shall consider whether the job is of such a character that it demands continued concentration without any reasonable periods of relaxation.

Explanation-II: Factor (ii) should be considered to have been satisfied where the periods of rest, inaction or relaxation do not aggregate 6 hours or more in a cycle of 24 hours or one hour or more in a shift of 8 hours.

(3)   Essentially Intermittent – The work of an employee is to be regarded as essentially intermittent if his daily duty hours which should be assumed to be twelve hours per day include;

(a)   One period of inaction of not less than one hour, or two such periods of no-less than half an hour each, and

(b)   Various periods of inaction including the period of inaction specified in clause (a) aggregating 50 per cent or more, during which he is not generally called upon to display either physical activities or sustained attention.

Note: In assessing the work-load of the ‘Essentially Intermittent’ classification in accordance with sub-section (b) of Section-130, periods of inaction of less than 5 minutes shall be ignored.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.8: Fixation Of Hours Of Work

The hours of work of a Railway servant as per roster (hereinafter referred to as the rostered hours of work) may be continuous or may have short interval for rest, or breaks due to exigencies of service or deployment.

(1)   Subject to the limit specified in Section – 132 and having regard to the requirement of the service and the nature of work, the Railway Administration shall fix the normal rostered hours of work for the various categories of railway servants in the manner indicated in these rules.

(2)   The rostered hours of work of Railway servants shall consist of-

(i)    Standard hours of duty;

(ii)    Additional hours as may be prescribed in the case of certain categories classified as essentially intermittent; and

(iii)   Time required to do preparatory or complementary work or both for those who are required to do such work.

(3)`  The standard hours of duty for different classes of employment of Railway servants shall be as under:-

	Class of Railway Staff	Per Week Hours Of Work
a	Intensive	42
b	Continuous	48
c	Essentially Intermittent (EI)	48

 

Railway Board vide orders RBE No.67/2016, No.2016/E(LL)/HPC/5, 16.06.2016 has issued instructions that “Rosters may be revised on the basis of model roster of NWR to provide better quality of periodical rest to affected categories of staff”;

Annexure-XI

Proposed Roster Received From North Western Railway For ‘Intensive’ Category Staff

S.  No.	Days	Employee A			Employee B			Employee C			Employee D
		From to Hrs	Duty Hrs	Rest Hours	From to Hrs	Duty Hrs	Rest Hours	From to Hrs	Duty Hrs	Rest Hours	From to Hrs	Duty Hrs	Rest Hours
1	Sunday	0-6	6	12	18-24	6	36	12-18	6	12	6-12	6	12
2	Monday	Rest		42	18-24	6	18	12-18	6	18	6-12	6	18
3	Tuesday	0-6	6		18-24	6	18	12-18	6	18	Rest		42
4	Wednesday	0-6	6	18	18-24	6	18	Rest		42	6-12	6
5	Thursday	0-6	6	18	Rest		42	12-18	6		6-12	6	18
6	Friday	0-6	6	18	18-24	6		12-18	6	18	6-12	6	18
7	Saturday	0-6	6	18	18-24	6	18	12-18	6	18	6-12	6	18
Total		36	36		36	36		36	36		36	36

Note:

(1)   One additional rest will be required with two spare working days.

(2)   A will pick up roster of B, B will pick up roster of C, C will pick up of roster of D & D will pick up roster of A after every week nobody remains on duty continues for day/night.

(4)  (a) Railway servants having essentially intermittent class of employment shall be called upon to work as per Rule 8(2)(ii) additional hours as indicated below;

	Class of Railway Staff	additional hours Per Week
i	Gatemen ‘C’ Caretakers of Rest Houses and Reservoirs, etc., Chowkidars and Saloon Attendants	24
ii	Railway servants posted to work in Essentially Intermittent employment at road-side stations and provided with residential quarters with 0.5 Kms. From their place of duty
iii	Rest of the employees posted to work in Essentially Intermittent class of employment	12

(b)   Such additional hours of work shall be reflected in the duty rosters of the Railway servants concerned.

(5) The time required by various categories of staff to do preparatory or complementary work or both, which includes the work of handling over and taking over charge, must necessarily be carried out outside the limits laid down for general working of an establishment, branch or shift and shall be determined by means of job analysis of such work in respect of representative posts in respective categories.

(6)   The time determined under sub-rule (5) shall be added to the standard hours of duty of the staff in all the various classifications subject to maximum limit prescribed below;

(a)   When employment is intensive 3 hours a week,

(b)   When employment is continuous 6 hours a week,

(c)   When employment is essentially intermittent;

(i)    Gatemen ‘C’ Caretakers of Rest Houses and Reservoirs, Chowkidars, Saloon Attendants and those posted at road-side stations and provided with residential quarters within 500 metres from their place of duty    —- 03 Hours a week,

(ii)    Railway servants other than those mentioned in sub-clause (i) —-04½ hours a week.

 

(7)   The time required for preparatory or complementary work by the running staff shall be deemed to be 4 hours a week.

Notes:

(i)    Where the time assessed for doing preparatory or complementary work is under 15 minutes per day, the same shall not be treated as duty shall not be exhibited in the roster.

(ii)    In the case of employment of continuous’ nature, the time assessed for doing’ preparatory or complementary work, between 15 minutes and less than 45 minutes per day should be treated as half an hour’s work such time between 45 minutes and one hour per day should be treated as one hour’s work.

(iii)   In the case of intensive and essentially intermittent categories of employment, such time assessed between 15 minutes and 30 minutes per day shall be treated as half an hour’s work.

(iv)  The time assessed for the work mentioned in Note (iii) shall be reflected in the duty rosters of the concerned railway servants.

(v)   Total hours for preparatory or complementary work or both shall be so fixed to ensure that the overall duty hours do not exceed the limits prescribed for respective classification in Section – 132.

(8)   Where Railway servants are required to perform split duty, such duty shall subject to the following conditions, namely;

(a)   The spells of duty shall not exceed three and the number of breaks shall be limited to two.

(b)   In the case of an employment of ‘continuous’ nature, the railway servant whose place of residence is beyond 1.6 kilometers from the place of duty seven hours of split duty shall be treated as equivalent to eight hours of normal duty.

(9)   While preparing rosters, ‘long on’ or ‘short off’ shall, accordingly, be avoided.

(10) Where, in accordance with the provisions of sub-section (4) of Section – 132 or sub-section (3) of Section – 133 and in the circumstances mentioned therein, a  Railway servant is called upon by an order of temporary exemption made under Rule 9 below by the competent authority to render duty beyond the hours of work fixed in accordance with the foregoing sub-rules or beyond the hours prescribes in sub sections (1), (2) and (3) of the Section – 132, it shall be the duty of the Railway concerned to render such extra hours of duty.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

 

Railway Board vide orders RBE No.120/2016, No.E(LL)/2016/HPC/7, 13.10.2016 has issued instruction with regards to the duty hours of the running staff;  Sub: Recommendations of the High Power Committee to Review duty hours of running staff – Decisions thereof.   1.    The High Power Committee, constituted to review the duty hours of running staff and other safety categories, had made its recommendations on various aspects related to working hours of these categories. The recommendations have been duly considered by the Board and in modification of previous instructions on the subject, the following decisions have been taken: (i)       In respect of Loco Pilots (Shunting) who are presently working on fixed roster basis, the existing provisions will continue, (ii)      In severe operational exigencies like acts of God, earthquakes, accident, flood, agitations, and equipment failure etc, the controller should suitably advise the staff that they may be required to work beyond the limits prescribed, (iii)     Present classification of running staff under Railway Servants (Hours Of Work & Period Of Rest) Rules, 2005, should be maintained, (iv)     Subject to exigencies of service, a maximum of 125 duty hours per fortnight should be laid down for all running staff, (v)      The limit of stay away from Head Quarters for running staff should be fixed at 72 hours, (vi)     Continuous night duty for Running Staff should be limited to 4 nights with forth night towards headquarters, (vii)    As regards the duration at outstation rest, there will be no change in the existing provisions, (viii)   Call notice period should continue to be a part of the headquarter / outstation rest, (ix)     There shall be no change in the existing provisions for periodical rest. However, preference should be given to periodical rest for 4 periods of 30 consecutive hours, (x)      The principle and period of averaging reckoning for the purpose of payment of Overtime Allowance will continue as per existing guidelines. 2.     The existing provisions of the Railways Act, 1989 and Railway Servants (Hours Of Work & Period Of Rest) Rules, 2005, other than those mentioned above, will continue to be in vogue.

HOER Rule No.9: Power To Make Temporary Exemption

(1)   Subject to the provisions of sub-section (4) of Section-132 and of sub-section (3) of Section-133, Head of a Railway Administration may by order in writing make temporary exemption of any Railway servant or class of Railway servants from the provisions of sub sections (1), (2) and (3) of Section-132 and sub-sections (1) and (2) of Section-133.

Railway may, therefore, take immediate steps to implement three weeks duty roster in respect of the staff operating track machines as envisaged in Board’s letter dated 06.07.2000 and furnish compliance report within one month from the date of issue of the letter.  [Authority: RBE No.65/2006, No.2016/E(LL)/HER/3, 16.06.2016, No.E(LL)98-HER/9, 06.07.2000, RBE No.44/2003, No.E(G)98/LR1-3, 06.03.2003, RBE No.190/2003, No.E(LL)98/HER/9, 03.11.2003, RBE No.118/2006, No.E(LL)98/HER/9, 25.08.2006, RBE No.162/2009, E(LL)98/HER/9, 09.09.2009, RBE No.121/2012, No.2012/E(LL)/HER/26, 30.10.2012]

(2)   The Head of Railway Administration may by order in writing delegate his powers under sub-rule (1) to any officer subordinate to him and whom he may deem it to exercise the powers.

(3)   A copy of every order of delegation made under sub-rule (2) shall be sent to the Regional Labour Commissioner concerned.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.10: Principle Of Averaging And Payment Of Overtime Allowance

(1)   Where a Railway servant is required to render extra hours of duty beyond the rostered hours fixed in accordance with rule 8 or beyond the limits specified for different classes of Railway servant under Section-132, he shall be paid overtime for such extra hours of work, subject to the principle of averaging as specified in sub-rule (2).

(2)   Averaging shall be done by averaging of the hours of work over the averaging periods as specified in Section-132 which has been adopted to provide a reasonable measure of elasticity as essential in railway working for certain classes of Railway servants and it shall apply to-

(i)    Running staff;

(ii)    Operating staff;

(iii)   Shift workers; and

(iv)   Those other Railway servants whose work is connected with the work of any of the categories of Railway servants mentioned in clauses (i), (ii) and (iii).

(3)   Subject to the provisions contained in sub-section (4) of Section-132, payment of overtime for excess hours of work shall be made as under;

(i)    For the excess hours of work rendered by a Railway servant between the limits of prescribed rostered hours of work and the hours prescribed in Section 132, during the relevant averaging period, payment shall be made at 1½ times the ordinary rate of pay; and

(ii)  For the excess hours of work rendered beyond the limits prescribed in Section-132, payment shall be made at two times the ordinary rate of pay.

(4)   The hourly rate of overtime shall be worked out on the basis of rostered hours over the relevant averaging period as under:-

	Class of employees	Averaging method	Hourly Rates
i	Hourly rate of Pay staff (for  governed by Averaging Principle)	Period of averaging  No. of rostered hours of work in the averaging period	X 1/30 of monthly  ordinary rate of pay
ii	Hourly rate of pay (for those not governed by Averaging Principle)	1  No. of daily rostered hours of work	X 1/30 of monthly  ordinary rate of pay

 

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.11: Register Of Extra Hours Of Work

The particulars of all extra hours of work done by a Railway servant beyond the prescribed rostered hours of duty shall be recorded in a register to be maintained in Form ‘A’ appended to these rules by the officer authorized in this behalf by the Head of the Railway Administration.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.12: Periodical Rest

(1)   Railway servant whose employment is Intensive or Continuous shall be granted, every week commencing on a Sunday, rest of not less than thirty consecutive hours and those whose employment is Essentially Intermittent, shall be granted rest of not less than twenty-four consecutive hours including a full night.

(2)   No Railway servant classified as Intensive, Continuous or Essentially Intermittent shall be called on duty unless one has had a rest of not less than 12, 10, 8 consecutive hours, respectively after completion of the previous tour of duty. Such rest shall be given as far as possible through the employment of rest givers and the rest givers so provided shall be separate for Continuous and Essentially Intermittent categories.

(3)   Locomotive or traffic running staff shall be granted, each month, a rest of at least five periods of not less than twenty-two consecutive hours each, or a rest of at least four periods of not less than thirty consecutive hours each including a full night. The hours of work for this purpose shall be calculated from “signing on” to ‘signing off”.

(4)   The locomotive and traffic running staff shall not normally be away from headquarters for more than three or four days at a stretch and the periodic rest for such staff shall be given at headquarters. Rest at headquarters shall always include a night in bed, and as far as possible be once in every ten days.

(5)   Staff on duty in running trains, other than locomotive and traffic running staff such as Travelling Pay Clerks and Catering Staff attached to Restaurant Car shall be given periodic rest on the scale and in the manner laid down for the locomotive and traffic running staff. Some portion of the periodic rest may, however, be given away from their headquarters having regard to their length of trips.

(6)   The working hours and periodic rest of marine staff, other than those who are governed by the Factories Act shall be regulated in the same manner as running staff.

(7)   In accordance with clause (ii) of sub-section (2) of Section-133 of the Act, the Head of the Railway Administration may, with the prior approval of the Ministry of Railways, specify the categories of Railway servants to whom the periods of rest on scales less than those laid down under sub-section (1) of the said section prescribed.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.13: Compensatory Periods Of Rest

No Railway servant in respect of whom an exemption has been made under Rule 9 shall be required to work for more than fourteen days without a period of rest and shall be provided with compensatory rest within this period.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.14: Appointment Of Supervisors

The supervisors of Railway labour shall be appointed by the Ministry of Labour. The manner of their appointment and the educational qualifications, etc., prescribed for the purpose will be as laid down by the Ministry of Labour from time to time.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.15: Display Of Rules And Notices

Every Railway Administration shall display in a conspicuous place;

(a)   Where the Railway servants work, notices specifying the classification of employment of Railway servants; the duration of their hours of employment, their period of rest and rosters; and

(b)   In each station or other establishment, a copy of Chapter-XIV of the Act and these rules in English, Hindi and in local language.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.16: Annual Return

Every Railway Administration shall send each financial year a return in Form ‘B’ appended to these rules, so as to reach the Regional Labour Commissioner not later than the 15th day of May following the end of the financial year to which it relates.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.17: Power To Make Modification In Special Cases

(1)   Notwithstanding anything provided in these Rules, where, in the interest of efficient working of the Railways, there are certain conditions of special nature necessitating an immediate modification of any conditions laid down under these web rules to suit local conditions, such modifications which are not inconsistent with any provisions of Chapter XIV of the Act, may be effected with the prior approval of the Ministry of Railways.

(2)   A copy each of such modification shall be sent to the Regional Labour Commissioner concerned.

(3)   If any Railway servant is adversely affected by any such modification made under sub-rule (1), he may prefer an appeal before the expiry of 90 days from the date of effecting such modification to the Ministry of Railways whose decision thereon shall be final.

[Authority: RBE No.131/2005, No.E(LL)2001/HER/9, 09.08.2005]

HOER Rule No.18: Repeal And Saving

The Railway Servants (Hours of Employment) Rules, 1961 and any orders issued there under in so far as they are inconsistent with these rules, are hereby repealed;

Provided that

(1)   Such repeal shall not affect the previous operation of the said rules or any orders made or anything done or any action taken there under;

(2)   Nothing in these rules shall be construed as depriving any person to whom these rules apply, of any right of appeal which had accrued to him under the rules or orders in force before the commencement of these rules.

(3)   An appeal pending at the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be made in accordance with these rules as if such orders were and the appeals were preferred under these rules.

(4)   As from the commencement of these rules any appeal or application for review against any orders made before such commencement, shall be preferred or made under these rules as if such orders were made under these.

[Authority: RBE No.131/2005, No.E(LL)2001/1/ER/9, 09.08.2005]