50. Staff of National Bank.—(1) The National Bank may appoint such number of officers and other
employees as it considers necessary or desirable for the efficient performance of its functions and
determine the terms and conditions of their appointment and service.
(2) Without prejudice to the provisions of sub-section (1), it shall be lawful for the National Bank to
utilise, and for the Reserve Bank to make available, the services of such staff of the Reserve Bank on such
terms and conditions as may be agreed upon between the National Bank and the Reserve Bank.
(3) Subject to the provisions of sub-section (6), at any time before the expiry of six months from the
appointed day, the Reserve Bank may, in public interest, transfer to the National Bank, such members of
the staff of Reserve Bank whom the Reserve Bank considers as engaged, or as suitable to be engaged, in
attending to the work of a nature which is same or similar to that which the National Bank may require for
its efficient functioning, and upon such transfer they shall be deemed to be appointed by the National
Bank under sub-section (1) with effect from the date of such transfer:
Provided that every person so transferred may, before the expiry of a period of six months from the
appointed day, or before the expiry of a period of thirty days from such transfer, whichever period expires
later, elect to go back to the Reserve Bank by exercising an option in writing to that effect, the option
once exercised being final, and on the exercise of such option, the Reserve Bank shall, before the
expiration of a period of eighteen months from the appointed day, take back such member of the staff and
he shall be deemed to have been on deputation to the National Bank during the period he was a member
of the staff of the National Bank.
(4) (a) Any member of the staff of the Reserve Bank who is not appointed under sub-section (3), may,
if he so desires, make an application to the Reserve Bank within six months from the appointed day, to be
considered for appointment as a member of the staff of the National Bank.
(b) The Reserve Bank may, in consultation with the National Bank, consider such application having
regard to the suitability of the person so applying, the availability of vacancies in the National Bank, the
exigencies of service in the Reserve Bank and the National Bank and such other factors as may be
considered relevant in this regard, and, if the Reserve Bank is satisfied having regard to these factors, that
such applicant is suitable for being so appointed recommend his appointment to the National Bank.
(c) The National Bank may thereupon, within eighteen months from the appointed day, appoint such a
person applying under this sub-section, as a member of the staff of the National Bank, and on such
appointment, such a person shall be deemed to have been appointed in the National Bank under subsection (3):
Provided that the proviso to sub-section (3) and the proviso to sub-section (5) shall not apply in
respect of such a person.
(5) Notwithstanding anything contained elsewhere in this Act or in any other law or in any contract,
for the time being in force, at any time before the expiry of six months from the appointed day, the
Reserve Bank may, if it considers it necessary in consultation with the National Bank so to do in the
interest of the National Bank, transfer on promotion any member of the staff of the National Bank to the
Reserve Bank, and on such transfer to the Reserve Bank, each such member of the staff shall be deemed
to be a member of the staff of the Reserve Bank and shall be entitled to the same salary, emoluments and
other conditions of service to which he was entitled immediately before the date of such transfer,
including benefits, if any, arising directly out of such promotion:
Provided that every member of the staff who is transferred as aforesaid may, before the expiry of a
period of six months from the appointed day or within thirty days from such transfer, whichever period
expires later, elect to go back to the National Bank by exercising an option in writing to that effect, the
option once exercised being final, and on the exercise of such option, the National Bank shall, before the
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expiration of a period of eighteen months from the appointed day, take back such member of the staff and
he shall be deemed to have been on deputation to the Reserve Bank during the period he was a member of
the staff of the Reserve Bank.
(6) Every person,—
(a) who, immediately before the date appointed under sub-section (1) of section 16, is a member
of the staff of the Agricultural Refinance and Development Corporation; or
(b) who is a member of the staff of the Reserve Bank but whose services are being utilised
immediately before that date by the said Corporation,
shall be deemed to be appointed by the National Bank under sub-section (1) on the said date:
Provided that every member of the staff of the Reserve Bank, who is so deemed to be appointed, and
who was not recruited specifically for utilisation in the Agricultural Refinance and Development
Corporation, may, before the expiry of a period of six months from the appointed day or within a period
of thirty days from the date appointed under sub-section (1) of section 16, whichever period expires later,
elect to go back to the Reserve Bank by exercising an option in writing to that effect, the option once
exercised being final, and on the exercise of such option, the Reserve Bank shall, before the expiration of
a period of eighteen months from the appointed day, take back such member of the staff and he shall be
deemed to have been on deputation to the National Bank during the period he was a member of the staff
of the National Bank.
(7) Notwithstanding anything contained in any other law or in any agreement, for the time being in
force, no member of the staff shall be entitled to claim any compensation for, or in relation to any matter
concerning, his transfer, appointment or as the case may be, return, under sub-sections (3) to (6) and no
claim in respect thereof shall be entertained by any court, tribunal or other authority.
(8) Subject to the provisions of sub-section (10) and sub-section (11), every member of the staff of
the Agricultural Refinance and Development Corporation or of the Reserve Bank who is deemed to be
appointed as a member of the staff of the National Bank under this section, shall be deemed to have been
appointed by the National Bank on the same salary, emoluments and other terms and conditions of service
to which he was entitled immediately before his appointment in the National Bank.
(9) The provisions relating to superannuation benefits, namely, the regulations relating to provident
fund and the rules relating to payment of gratuity and compassionate gratuity and any other provision
relating to superannuation as are applicable to the staff of the Reserve Bank on the appointed day shall, so
far as may be, apply to the staff of the National Bank, unless and until the National Bank alters or amends
the same:
Provided that after the appointed day, any such alteration or amendment may be effected by the
National Bank as regards provident fund regulations in accordance with section 60, and as regards the
other rules in the manner they would have been altered or amended but for this sub-section:
Provided further that after the expiry of six months from the appointed day, the balances held in the
Reserve Bank of India Employees’ Provident Fund to the credit of any member of the staff of the Reserve
Bank whose services are transferred under this section to the National Bank and who does not opt to go
back to the Reserve Bank, shall be transferred to, and held in, the Provident Fund of the National Bank on
same or similar terms subject to which those balances were held earlier in the Reserve Bank of India
Employees’ Provident Fund.
(10) Notwithstanding anything contained in any other law, settlement, or agreement, every person
employed by the National Bank or whose services have been transferred to the National Bank under this
Act, shall be liable to serve anywhere in India.
(11) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or any
other law for the time being in force, or in any award, judgment, decree, decision or order of any
Industrial Tribunal, Court or other authority, or any settlement or agreement, made or entered into before
the date of transfer to the National Bank of the services of any person under this section, the National
Bank shall be free to alter, amend or repeal in such manner and to such extent it may consider necessary,
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any of the terms and conditions of service applicable to such persons whose services are so transferred to
the National Bank and who are appointed in the National Bank under this section except that the National
Bank shall not alter to their prejudice the terms relating to payment of salary and other emoluments,
retirement benefits and eligibility for leave.
Explanation.—For the purposes of this section, “appointed day” means the date of establishment of
the National Bank under section 3.