Regulation for
Conditions of Service of Officers and Other Employees
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Chapter I - Preliminary
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Chapter II -
Classification of Officers and other Employees
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Chapter III -
Commencement of Duty and Notice Period
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Chapter IV -
Record of Service, Seniority, Promotion and Reversion
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Chapter V - Pay,
Allowances and other Benefits
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Chapter VI - Leave and Joining
Time
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Chapter VII - Conduct,
Discipline and Appeals
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Chapter VIII - Miscellaneous
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Schedule
In
exercise of the powers conferred by clause (c) of sub-section (2) of
section 26 of the Insurance Regulatory and Development Authority
Act, 1999 (41 of 1999), the Authority, in consultation with the
Insurance Advisory Committee, hereby makes the following
regulations, namely--
CHAPTER
I
PRELIMINARY
1.
Short title and commencement
(1)
These regulations may be called the Insurance Regulatory and
Development Authority (Conditions of Service of Officers and Other
Employees) Regulations, 2000.
(2)
They shall come into force on the date of their publication in the
Official Gazette.
2.
Application
These
regulations shall apply to every whole-time officer and other
employee of the Authority:
PROVIDED
that these regulations shall not apply to persons employed
temporarily (other than probationers), or on contract basis, except
otherwise specifically provided.
3.
Definitions
(1)
In these regulations, unless the context otherwise requires,--
(a)
"Authority" means the Insurance Regulatory and
Development Authority established under sub-section (1) of section 3
of the Insurance Regulatory and Development Authority Act, 1999 (41
of 1999);
(b) "Appellate Authority" means the Authority specified
in the Schedule;
(c) "Competent Authority" means,--
(i)
in relation to matters specified under column (2) of the Schedule,
the Authorities specified under column (3) of that Schedule,
(ii)
in relation to matters not specified under column (2) of the
Schedule, the chairperson;
(d) "duty' includes--
(i)
service as a probationer;
(ii)
period during which an officer and other employee is on joining time
or training authorised by the Authority;
(iii)
period spent on leave duly authorised by the competent authority;
(e)
"employee" means Class II, III and IV employees
specified in these regulations;
(f)
"leave pay" means the monthly pay which the
officers and other employees would have drawn while on duty but for
proceeding on leave;
(g)
"lien" means the title of an officer and other
employee to hold substantively, either immediately or on termination
of a period or periods of absence, a permanent post to which he has
been appointed substantively or held in a permanent capacity;
(h)
"officiate" : an officer and other employee
officiates in a post when he performs the duties of a post on which
another person holds a lien. The
competent authority may, if it thinks fit, appoint an officer or
other employee to officiate in a vacant post on which no other
officer and other employee holds a lien;
(i) "Officer" means Class I Officer referred to in
these regulations;
(j) "pay" means the amount drawn by an officer and
other employee as--
(i)
pay which had been sanctioned for a post held by him substantively
or in an officiating capacity, or to which he is entitled by reason
of his position in a cadre;
(ii)
"special pay and personal pay";
(iii)
"any other emoluments which may be specially classified"
as pay by the Authority;
(k)
"personal pay" means an additional pay granted to
an officer and other employee--
(i)
to save him from a loss of substantive pay in respect of a permanent
post due to a revision of pay or to any reduction of such
substantive pay otherwise than as a disciplinary measure; or
(ii)
in exceptional circumstances, on other personal considerations;
(l) "Schedule" means Schedule annexed to these
regulations;
(m)
"service" includes the period during which an
officer and other employee is on duty as well as on leave duly
authorised by the competent authority, but does not include any
period during which an officer and other employee is absent from
duty without permission or overstays his leave, unless specifically
permitted or condoned by the competent authority.
(n)
"special allowance" means an addition, in the
nature of an allowance, to the emoluments attached to a post or of
an officer and other employee, granted at the discretion of the
Authority in consideration of the specially arduous nature of the
duties attached to the post or required to be performed by the
officer and other employee;
(o)
"special pay" means an addition, in the nature of
pay, to the emoluments of a post or of an officer and other employee
granted at the discretion of the Authority in consideration of a
specific addition to the work or responsibility;
(p)
"substantive pay" means the pay to which an officer
and other employee is entitled on account of a post to which he has
been appointed substantively or by reasons of his substantive
position in a cadre;
(q)
"year" means a continuous period of twelve months
commencing from the 1st day of April, of a year and ending with the
31st day of March of the next year.
(2)
All words and expressions used herein and not defined in these
regulations but defined in the Insurance Act, 1938 (4 of 1938), or
the Insurance Regulatory and Development Authority Act, 1999 (41 of
1999), shall have the meanings respectively assigned to them in
those Acts unless otherwise provided in the contracts of service.
(3)
For the purposes of these regulations, the terms 'he' and 'his'
shall also refer to "she" and "her" wherever
circumstances warrant and singular will also include plural.
CHAPTER
II
CLASSIFICATION
OF OFFICERS AND OTHER EMPLOYEES
4.
Classification of officers and other employees
(1)
The officers and other employees of the Authority shall be
classified as follows:
Class
I Officers
Class
II
Supervisors
Class
III
Secretarial Staff, General Assistant,
Receptionist-cum-Telephone Operator
Class
IV
Driver-cum-Attendant-cum-Record Keeper.
(2)
The number of posts, their classification, scale of pay, age limit,
education and other qualifications, period of probation, method of
recruitment, composition of selection committee or departmental
promotion committee shall be such as may be determined by the
Authority.
(3)
All appointments in, and promotion to, any class or grade shall be
made by the competent authority:
PROVIDED
however, that in the case of officers and other employees holding
posts in the Authority at the time of the commencement of these
regulations, they shall be deemed to have been appointed to such
posts till such time as the Authority absorbs them on such posts and
scales of pay as may be determined under sub-regulation (2) above:
PROVIDED
FURTHER that such officers and other employees who are willing to
get absorbed in the Authority may exercise their option to get
absorbed in the Authority by 31st December, 2000, or such further
time as may be determined by the Authority:
PROVIDED
FURTHER that the salary, allowance and other conditions of service
of the officers and other employees deemed to have been appointed
shall not be varied to their disadvantage:
PROVIDED
ALSO that the Authority in regard to officers and other employees
not exercising their option by the stated date for getting absorbed
in the service of the Authority or persons whom it does not wish to
offer the facility of absorption may revert such persons to their
parent offices.
CHAPTER
III
COMMENCEMENT
OF DUTY AND NOTICE PERIOD
5.
Commencement of duty
The
service of an officer and other employee shall be deemed to commence
from the working day on which such officer and other employee
reports for duty in any appointment covered by these regulations at
the place and time intimated to him by the competent authority:
PROVIDED
that if he reports in the afternoon, his service shall commence from
the next following working day.
6
Notice for discontinuing or leaving the service
(1)
An officer and other employee, may resign or leave or discontinue
his service in the Authority by giving to the chairperson notice in
writing of his intention to leave or discontinue the service.
(2)
The period of notice required shall be,--
(a)
in the case of officers and other employees holding the post on
regular basis, three months;
(b)
in the case of officers and other employees holding the post on
probation, one month.
(3)
In the case of failure by an officer or an employee to give notice
in accordance with the provisions specified in sub-regulation (2),
he shall be liable to pay to the Authority as compensation a sum
equal to his substantive pay for the period of notice required under
these regulations:
PROVIDED
that such notice or the payment of such compensation may, by reasons
to be recorded in writing, be reduced or waived by the chairperson :
PROVIDED
FURTHER that the officer and other employee shall not be entitled to
set off any leave earned and not availed of by him against the
period of such notice.
(4)
Notwithstanding anything contained in sub-regulation (1), the
resignation of an officer and other employee shall not be effective
unless it is accepted by the competent authority.
(5)
The competent authority may refuse to accept the resignation from an
officer or employee, if,--
(a)
disciplinary proceedings have been instituted against or are
proposed to be instituted against that officer or employee;
(b)
the officer and other employee is under an obligation to
serve the Authority for a specified period which has not expired;
(c) the officer and other employee owes the Authority any sums of
money.
Explanation 1 :
For the purposes of this regulation, disciplinary proceedings shall
be deemed to be instituted against an officer and other employee,--
(a) if he has been placed under suspension under these
regulations; or
(b)
any notice has been issued to him asking him to show cause
why disciplinary proceedings should not be instituted against him;
or
(c)
any charge-sheet has been issued to him under the regulations
and shall be deemed to be pending till final orders thereon are
passed by the competent authority.
Explanation 2 : A notice by an
officer and other employee under sub-regulation (1) shall be proper
notice if he remains on duty during the period of the notice.
7.
Retirement
(1)
Except as otherwise provided in this regulation, every officer and
other employee shall retire from service on the afternoon of the
last day of the month in which he attains the age of sixty years:
PROVIDED
that an officer and other employee whose date of birth is the first
of a month shall retire from service on the afternoon of the last
day of the preceding month on attaining the age of sixty years:
PROVIDED
FURTHER that the competent authority may, if it is of the opinion
that it is in the interest of the Authority to do so, direct an
officer or employee to retire on completion of fifty-five years of
age or at any time thereafter, on giving him three months' notice or
salary in lieu thereof:
PROVIDED
FURTHER that an officer and other employee shall be permitted upon
request to retire before the date of retirement specified in this
sub-regulation either, (a) on completion of twenty-five years of
service; or (b) on completion of twenty years of service, provided
he has attained age of fifty; or (c) on completion of fifteen years
of service, if he is incapacitated for further active service.
Explanation :
Where an officer or employee is directed by the competent authority
to retire as aforesaid, it shall not be deemed to be a penalty under
these regulations.
(2)
No officer or other employee shall be granted extension in service
beyond the age of retirement of sixty years.
(3)
If on a review of the case either on a representation from the
officer or an employee retired prematurely or otherwise, it is
decided to reinstate the officer or an employee in service, the
competent authority ordering reinstatement may regulate the
intervening period between the date of premature retirement and the
date of reinstatement by the grant of leave of the kind due and
admissible, including extraordinary leave, or by treating it as dies
non depending upon the facts and circumstances of the case :
PROVIDED
that the intervening period shall be treated as a period spent on
duty for all purposes including pay and allowances, if it is
specifically held by the competent authority ordering reinstatement
that the premature retirement was itself not justified in the
circumstances of the case, or, if the order of premature retirement
is set aside by a court of law.
(4)
Where the order of
premature retirement is set aside by a court of law with specific
directions in regard to regulation of the period between the date of
premature retirement and the date of reinstatement and no further
appeal is proposed to be filed, the aforesaid period shall be
regulated in accordance with the directions of the court.
(5)
Any officer or employee may by giving notice, of not less than three
months in writing to the competent authority, retire from service
after he has attained the age of fifty years, if he is in Class I or
Class II service or post, and (had entered service before attaining
the age of thirty-five years) and in all other cases after he has
attained the age of fifty-five years :
PROVIDED
that it shall be open to the competent authority to withhold
permission to an officer or an employee under suspension who seeks
to retire under this clause.
(6)
An officer or other employee referred to in sub-regulation (5) may
make a request in writing to the competent authority to accept
notice of less than three months giving reasons therefore.
(7)
On receipt of a request under sub-regulation (6), the competent
authority may consider such request for the curtailment of the
period of notice of three months on merits and if it is satisfied
that the curtailment of the period of notice shall not cause any
administrative inconvenience, the competent authority may relax the
requirement of notice of three months on the condition that an
officer and an employee shall not apply for commutation of a part of
his pension before the expiry of the period of notice of three
months.
(8)
An officer or other employee who has elected to retire under this
regulation and has given the necessary intimation to that effect to
the competent authority, shall be precluded from withdrawing his
option subsequently except with the specific approval of such
Authority:
PROVIDED
that the request for withdrawal shall be within the intended date of
his retirement.
CHAPTER
IV
RECORD
OF SERVICE, SENIORITY, PROMOTION AND REVERSION
8.
Maintenance of record of service
A
record of service shall be maintained by the Authority in respect of
each officer and other employee at such place or places and in such
form or manner as may be determined from time to time by the
Authority.
9.
Seniority of officers and other employees
(1)
An officer and other employee confirmed in the service of the
Authority shall ordinarily rank for seniority in his grade according
to his date of confirmation in the grade.
(2)
An officer and other employee on probation shall ordinarily rank for
seniority among the officers and other employees selected along with
him in the same batch according to the ranking assigned to him at
the time of his selection.
10.
Promotion against sanctioned post
(1)
All promotions of the officers and other employees shall be against
vacancies in sanctioned posts declared by the Authority and shall be
based on,--
(a) merit, suitability and seniority in cases of Class I and II
posts;
(b) seniority and merit in cases of Class III and Class IV posts:
PROVIDED
that in assessing the suitability of officers and other employees to
promotion posts, the Competent Authority shall take into
consideration the performance of the officer or other employee in
the post from which he is being promoted :
PROVIDED
FURTHER that the competent authority may require the incumbent
holding the post in the feeder grade to qualify in a departmental
test to be conducted by the Authority for promotion to Class III
post.
(2)
An officer and other employee shall have to put in a minimum of
three years of service in a post before he is normally considered
for promotion to a post in the next higher grade.
(3)
In exceptional cases where the minimum number of years of service
prescribed above has not been completed, an officer or other
employee may be promoted to the next higher grade on the specific
recommendation of the chairperson and the approval of the Authority.
11.
Reversion of officer or other employee
An
officer and other employee promoted from one grade to another may be
reverted during the probationary period without notice by the
competent authority after recording the reasons therefor.
CHAPTER
V
PAY,
ALLOWANCES AND OTHER BENEFITS
12.
The admissibility of pay, allowances and other benefits
(1)
The pay, allowances and other benefits shall not be payable for a
part of a month to an officer and other employee who leaves or
discontinues his service without due notice during the month, unless
such notice has been waived by the competent authority.
(2)
The pay, allowances and other benefits shall cease to accrue to an
officer and other employee from the date,--
(a) he ceases to be in service; or
(b)
he is dismissed, removed or compulsorily retired from the
service; or
(c) following the date on which he dies.
(3)
Where on an appeal or a representation by an officer and other
employee, his removal, discharge or suspension from service is
revoked after due process, the entitlement to allowance and other
benefits shall accrue to him in terms of the order of revocation,
passed by the competent authority.
13.
Increment payable
(1)
An increment in a scale of pay shall accrue on the completion of one
year's period of service in that scale:
PROVIDED
that the benefit of increment shall be admissible from the first day
of the month in which it accrues, irrespective of the actual date of
its accrual.
(2)
The officiating service in a higher grade shall count for increments
in an officer and other employee's substantive grade as well as in
the higher grade in which he is officiating and, if there is an
intermediate grade between the two in which he would have officiated
had he not been appointed to officiate in the higher grade, also in
the intermediate grade, but the period during which an officer and
other employee is on leave without pay shall not count for increment
unless so authorised by the Authority for reasons to be recorded in
writing.
(3)
The sanction to draw increments shall be given by the competent
authority :
PROVIDED
that no increment shall be withheld except as a disciplinary measure
under these regulations and each order withholding in increment
shall state the period for which it is withheld and also whether the
postponement shall have the effect of postponing future increments :
PROVIDED
FURTHER that if in an incremental scale there is an efficiency bar,
an officer and other employee shall not draw increments above that
bar until he has been certified fit to do so by the competent
authority :
PROVIDED
ALSO that on each occasion on which an officer and other employee is
allowed to cross an efficiency bar which has previously been
enforced against him, he shall be placed in the incremental scale at
such stage as the competent authority to remove the bar may fix :
PROVIDED
ALSO that such stage shall not be higher than that at which he would
draw his pay if the bar had not been enforced against him and
further that no increments granted on the removal of a bar shall
have a retrospective effect.
14.
Fixation of pay on probation
(1)
The pay of an officer and other employee on appointment on probation
from one grade to another shall be initially fixed at the minimum of
the scale of the higher grade and the difference between the pay so
fixed and the substantive pay of the officer and other employee in
the old scale, if the latter be more, will be treated as personal
pay.
(2)
On confirmation in the higher grade, the pay of an officer and other
employee shall be fixed at a stage in the higher grade which is next
above his substantive pay in the old scale as on the date of
confirmation. If such pay be higher than the pay drawn by him at the
time of confirmation.
15.
Declaration of home town
(1)
Every officer and other employee shall on his appointment declare
his home town in writing to the Authority.
(2)
The home town so declared may be changed, only once during the
service of an officer and other employee, for reasons recorded in
writing.
CHAPTER
VI
LEAVE
AND JOINING TIME
16.
Kinds of leave
Subject
to the provisions of these regulations, the following kinds of leave
may be granted to an officer and other employee--
(a)
casual leave;
(b)
earned leave;
(c)
sick leave;
(d)
maternity leave;
(e)
extraordinary leave;
(f)
any other leave as may be specified by the authority from
time to time.
17.
Grant of leave
(1)
The power to grant leave shall vest in the competent authority.
(2)
All applications for grant of leave shall be addressed to the
competent authority before leave is sought to be availed of.
(3)
Leave shall not be claimed as a matter of right.
(4)
When the exigencies of the service so require,--
(a)
the competent authority may refuse leave or revoke leave of any kind
already granted;
(b)
an officer and other employee already on leave may be recalled to
duty by the competent authority.
(5)
Leave earned by an officer and other employee lapses on the date on
which he ceases to be in service.
(6)
The last day of an officer and other employee's leave is the working
day preceding that upon which he reports for duty.
(7)
Pay during leave shall be drawn at full or half rate of leave pay,
according to the kind of leave availed of by the officers and other
employees, but no pay shall be admissible during extraordinary
leave.
18.
Leave address to be intimated
An
officer and other employee shall, before proceeding on leave,
intimate to the competent authority his address while on leave, and
shall keep the said Authority informed of any change in the address
previously furnished.
19.
Report of duty after leave
An
officer and other employee on leave shall, unless otherwise
instructed to the contrary, return for duty to the place at which he
was last stationed.
20.
Production of medical certificate for medical leave
(1)
The competent authority may require an officer and other employee,
who has availed himself of leave on medical grounds for more than
five days, to produce a medical certificate of fitness to the
satisfaction of the competent authority before he resumes duty even
though such leave was not initially granted on a medical
certificate.
(2)
If the medical certificate produced by an officer or other employee,
is not found acceptable by the competent authority, it shall refer
the case to the doctor approved by the Authority for advice.
21.
Causal leave
(1)
An officer and other employee shall be eligible for casual leave
upto a maximum of twelve working days in each calendar year:
PROVIDED
that no officer and other employee shall take casual leave for more
than five working days at any one time:
PROVIDED
FURTHER that public holidays may not be combined with such leave in
such a way as to increase the absence at any one time beyond ten
days.
(2)
Casual leave shall not be suffixed or prefixed to any other kind of
leave.
(3)
No casual leave may be availed of, except with the prior permission
of the competent authority :
PROVIDED
that if for any sufficient reason, it is not possible for an officer
and other employee to obtain such permission in advance, he shall
intimate his absence to such competent authority within twenty-four
hours :
PROVIDED
FURTHER that, such competent authority may condone the delay, if
any, in this behalf if he is satisfied that an officer and other
employee was not in a position to intimate his absence for reasons
beyond his control.
(4)
When an officer and other employee joins the service of the
Authority at any time during a calendar year, his entitlement to
causal leave shall be at the rate of one day per month for the
period of service remaining in that calendar year.
22.
Grant of special leave
(1)
Notwithstanding anything contained in these regulations, the
chairperson or the person authorised by him may permit the grant of
any other leave to an officer and other employee in special
deserving circumstances.
(2)
In particular and without prejudice to the generality of the
foregoing power, such leave may provide for all or any of the
following, namely--
(a) quarantine leave;
(b)
special leave arising out of an accident in the course of
employment;
(c) leave where a person is called to duty in national cause;
(d)
study leave granted by the Authority in cases where the Authority
feels that study undertaken will be in the overall interest of the
Authority.
23.
Earned leave
(1)
Every officer and other employee shall be entitled to earned leave
at the rate of thirty days for every completed year of service.
(2)
The leave so earned shall be credited to the leave account of the
officer and other employee half-yearly in each respective calendar
year at the rate of fifteen days for every six months of service
rendered by such officer and other employee.
(3)
No officer and other employee, however, shall earn earned leave when
he is on leave other than casual leave for a continuous period of
more than six months.
(4)
If an officer and other employee renders less than six months of
service in any calendar year, he shall be credited with one day for
every twelve days of duty and fractions of a day of earned leave
shall be taken as full day if amounting to more than half only.
(5)
The period of earned leave, which can be taken at any one time by an
officer and other employee, is ten months.
(6)
An application for grant of earned leave shall normally be submitted
fifteen days in advance to the competent authority.
(7)
An officer and other employee on earned leave shall draw pay equal
to leave pay.
(8)
Where an officer and other employee has accumulated earned leave on
the date of retirement, he may be paid a lump-sum amount which would
be equivalent to pay as defined under these regulations as on the
date of his retirement, for the unavailed earned leave subject to
maximum of ten months plus all allowances that shall normally be
admissible to the officer and other employee concerned during earned
leave.
24.
Encashment of earned leave
An
officer and other employee may be permitted to encash earned leave
once in two years for a minimum period of fifteen days and a maximum
period of thirty days:
PROVIDED
that at the time of such encashment he has to his credit a balance
of leave which shall not be less than the leave so encashed.
25.
Grant of sick leave
(1)
During the entire period of his service, an officer and other
employee may be granted sick leave on medical grounds for a period
or periods not exceeding eighteen months:
PROVIDED
that in the case of an officer and other employee, the production of
a medical certificate may not be necessary if sick leave to be
granted does not exceed five days and the competent authority is
satisfied with the bona fides of the reasons for such leave.
(2)
Sick leave shall be on half-pay:
PROVIDED
that where an officer and other employee has served the Authority
for at least a period of three years, he may, if he so requests, be
permitted to avail himself, during the entire period of his service,
of sick leave on leave pay up to a maximum period of nine months and
such leave on leave pay will be entered in his sick leave account at
twice the amount of leave taken by him.
Explanation :
For the purpose of this proviso, service includes probationary
service rendered by an officer and other employee prior to
confirmation.
(3)
An officer and other employee may be granted sick leave during the
first year of his service on pro rata basis at the discretion of the
competent authority.
26.
Maternity leave
(1)
Maternity leave, which shall be on leave pay, may be granted to a
female officer and other employees up to a period of ninety days on
full pay at a time and not more than one hundred and eighty days
during the entire period of service.
(2)
Female officers and other employees undergoing hysterectomy
operation may also claim maternity leave for a period not exceeding
fifteen days (including stay in hospital) within the overall ceiling
of one hundred and eighty days.
(3)
The competent authority may grant leave of any other kind admissible
to the officer and other employee in combination with, or in
continuation of maternity leave if the request for its grant is
supported by a proper medical certificate.
27.
Extraordinary leave
(1)
Extraordinary leave may be granted to an officer and other employee
when no other leave is due to him.
(2)
Except in exceptional circumstances, the duration of extraordinary
leave shall not exceed ninety days on any one occasion and three
hundred and sixty days during the entire period of an officer's and
other employee's service.
(3)
The competent authority may grant extraordinary leave in combination
with, or in continuation of leave of any other kind admissible to
the officer and other employee, and may commute retrospectively
period of absence without leave into extraordinary leave.
(4)
No pay and allowances shall be admissible during the period of
extraordinary leave and the period spent on such leave shall not
count for increments :
PROVIDED
that, in cases where the competent authority is satisfied that the
leave was taken on account of illness or for any other cause beyond
the officer and other employee's control, it may direct that the
period of extraordinary leave may count for increments.
28.
Joining time
(1)
Joining time may be granted to an officer and other employee to
enable him to join a new post to which he is appointed while on duty
in his previous post.
(2)
Joining time shall not be granted when no change in the headquarters
of an officer and other employee is involved.
(3)
The pay and allowances of an officer and other employee on joining
time shall be such as determined by the Authority.
(4)
Joining time which may be allowed to an officer and other employee
shall not exceed six days, exclusive of the number of days actually
spent on travelling.
(5)
In calculating joining time admissible to an officer and other
employee, the day on which he is relieved from his old post shall be
excluded but public holidays following the day of his relief shall
be included in the joining time.
(6)
Where an officer and other employee on transfer from one place to
another (not within the same city) does not avail of the joining
time or his joining time has been curtailed due to exigencies of
Authority's service, he may be allowed to avail of special leave to
the extent of unavailed joining time subject to a maximum of six
days, at any time after the date of reporting at the new place but
before the completion of a period of six months or such other
extended period as may be agreed to by the competent authority for
submitting supplementary travelling allowance bill in respect of his
family and personal effects provided he has advised the office to
his effect before proceeding on transfer:
PROVIDED
that Saturdays or Sundays or holidays prefixed to special leave in
lieu of joining time shall be excluded but Saturdays or Sundays or
holidays intervening such special leave shall be reckoned as special
leave.
CHAPTER VII
CONDUCT,
DISCIPLINE AND APPEALS
29.
Conduct and obligation of officers and other employees
(1)
The service of every officer and other employee shall be at the
disposal of the Authority and the officer and other employee shall
serve the Authority in its business in such capacity and at such
place or places as he may, from time to time, be directed.
(2)
Every officer and other employee shall conform to and abide by these
regulations and shall observe, company with and obey all orders and
directions which may from time to time be given to him by any person
or persons under whose jurisdiction, superintendence or control he
may for the time being be placed.
(3)
Every officer and other employee shall maintain the strictest
secrecy regarding the Authority's affairs and shall not divulge,
directly or indirectly, any information of a confidential nature
coming into his possession while working for the Authority to
anyone, unless compelled to do so by judicial or other Authority, or
unless instructed to do so by a superior officer in the discharge of
his duties.
(4)
Every officer and other employee shall serve the Authority honestly
and faithfully and shall use his utmost endeavour to promote the
interests of the Authority and shall show courtesy and attention in
all transactions and dealings between the officers and other
employees of other organisations and the Authority.
(5)
No officer and other employee shall take active part in politics or
in any political demonstration, or stand for election as a member of
a municipal council, district authority or any other local body or
any legislative body while remaining in the service of the
Authority.
(6)
No officer and other employee who is not a "workman"
within the meaning of the Industrial Disputes Act, 1947 (14 of
1947), shall resort to, or in any way abet, any form of strike or
participate in any violent, unseemly or indecent demonstration in
connection with any matter pertaining to his conditions of service
or the conditions of service of any other officer and other employee
of the Authority.
(7)
No officer and other employee may contribute to the press, without
the prior sanction of the competent authority or without such
sanction make public or publish any document, paper or information
which may come to his knowledge in his official capacity.
(8)
No officer and other employee shall, except with the previous
sanction of the chairperson, publish or cause to be published any
leaflet book or any similar printed matter of which he is the author
or deliver talk or lecture in any public meeting or otherwise:
PROVIDED
that no such sanction is, however, required, if such a broadcast or
a contribution or a publication made by him either individually or
as a member of a professional body is of a purely literary,
artistic, scientific, professional, cultural, educational, religious
or social character.
(9)
No officer and other employee shall accept, solicit, or seek any
outside employment or office, whether stipendiary or honorary,
without the previous sanction of the chairperson.
30.
Restriction on employment in certain cases
(1)
Notwithstanding anything contained in these regulations, no officer
and other employee who has retired from the service of the Authority
shall, within a period of two years from the date when he finally
ceases to be in the Authority's service, accept or undertake a
commercial employment in any insurance company except with the
previous sanction in writing of the Authority.
(2)
No officer and other employee shall use his position or influence
directly or indirectly, to secure an employment with any insurer or
intermediary registered with the Authority, of any person related,
whether by blood or marriage to the officer and other employee or
his spouse, whether such a person is dependent on the officer and
other employee or not:
PROVIDED
however that where such an employment of any person related to an
officer and other employee has been secured before the commencement
of officer's and other employee's employment with the Authority or
has been secured by the relative on the strength of his individual
merit, then the restriction contained above shall not apply.
31.
Evidence before committee or any other Authority
(1)
Save as provided in sub-regulation (3), no officer and other
employee shall, except with the previous approval of the competent
authority, give evidence in connection with any inquiry conducted by
any person, committee or Authority.
(2)
Where any approval has been accorded under sub-regulation (1), no
officer and other employee giving such evidence shall criticise the
policy or any action of the Central Government, or a State
Government or the Authority.
(3)
Nothing in this regulation shall apply to any evidence given,--
(a)
at any inquiry before an Authority appointed by the Central
Government, a State Government, Parliament or a State Legislature;
or
(b) in any judicial inquiry; or
(c) at any departmental inquiry ordered by the competent
authority.
32.
Canvassing of non-official or outside influence
No
officer and other employee shall bring or attempt to bring any
political or other influence to bear upon any superior in the
Authority to further his interests in respect of matters pertaining
to his service in the Authority.
33.
Prohibition of private trade or employment in certain cases
No
officer and other employee shall undertake any part-time work for a
private or public body or a private person, or accept any fee,
therefore, without the sanction of the Authority which shall grant
the sanction only when it is satisfied that the work can be
undertaken without detriment to his official duties and
responsibilities:
PROVIDED
that the Authority may, in cases in which it thinks fit to grant
such sanction, stipulate that any fees received by the officer and
other employee for undertaking the work shall be paid, in whole or
in part, to the Authority.
34.
Absence from station
An
officer and other employee if so required by the competent
authority, shall not absent himself from his station overnight
without obtaining previous sanction of his superior.
35.
Acceptance of gift
(1)
An officer and other employee shall not solicit or accept any gift
or permit any member of his family or any person acting on his
behalf to accept any gift from a person having dealings with the
Authority or from any subordinate officer and other employee.
Explanation :
For the purposes of this regulation,--
(a)
the expression "gift" shall include free transport,
boarding, lodging or other service or any other pecuniary
advantage
when provided by any person other than a near relative or a personal
friend having no official dealings
with the officer and other
employee;
(b)
a casual meal, lift or other social hospitality shall not be
deemed to be a gift;
(c)
an officer and other employee shall avoid acceptance of
lavish or frequent hospitality from any individual or
concern having
official dealing with him.
(2)
An officer and other employee may accept gifts from his friends
having no official dealing with him but he shall make a report to
the competent authority if the value of such gift exceeds Rupees two
thousand.
36.
Private trading
(1)
No officer and other employee shall engage in any commercial
business or pursuit either on his own account or as agent for
others, nor act as an agent for an insurance company nor shall he be
connected with the formation or management of a joint stock company
carrying on insurance or insurance related business.
(2)
Canvassing by an officer and other employee in support of the
business of insurance agency or commission agency carried on or
managed by a member of his family shall be deemed to be a breach of
this regulation.
37.
Speculation in stock, shares, investments, etc.
An
officer and other employee shall not trade or speculate in stock,
shares or securities of a company engaged in insurance business of
any description nor shall he make investments which are likely to
embarrass or influence him in the discharge of his official duties.
38.
Lending or borrowing
No
officer and other employee shall in his individual capacity,--
(a)
borrow or permit any member of his family to borrow or otherwise
place himself or a member of his family under a pecuniary obligation
to a broker or a money-lender or an officer and other employee of
the Authority or any person, association of persons, firm, company
or institution, whether incorporated or not, having dealings with
the Authority:
PROVIDED
that any loans on mortgage of property or on policies of insurance
raised in the ordinary course shall not be prohibited;
(b) indulge in wagering or betting or speculation activities;
(c)
guarantee in his private capacity the pecuniary obligations of
another person or agree to indemnify in such capacity another person
from loss except with the previous permission of the competent
authority:
PROVIDED
that an officer and other employee may give to or accept from a
relative or personal friend a purely temporary loan of a small
amount free of interest, or operate a credit account with a bona
fide tradesman or make an advance of pay to his private employee :
PROVIDED
FURTHER that an officer and other employee may obtain a loan from a
bank or a co-operative credit society of which he is a member or
stand as surety in respect of a loan taken by another member from a
co-operative credit society of which he is a member.
39.
Investment
(1)
No officer and other employee shall, without previous approval of
the Authority, make or permit any member of his family to make any
investment in any Indian insurance company or its subsidiaries for a
total amount exceeding twenty thousand rupees.
(2)
Any officer and other employee who buys or sells property worth
Rupees one lakh or above shall make a declaration to that effect to
the Authority.
Explanation :
For the purpose of this regulation, the word "family"
includes any relative ordinarily residing with or dependent on an
officer and other employee.
40.
Demonstration
No
officer and other employee shall engage or participate in any
demonstration which is prejudicial to the interests of the
sovereignty and integrity of India, the security of the State,
friendly relations with foreign States, public order, decency or
morality, or which involves contempt of court, defamation or
incitement to an offence.
41.
Joining association prejudicial to the interest of country
No
officer and other employee shall join, or continue to be a member of
an association or body, the object or activities of which are
prejudicial to the interests of the sovereignty and integrity of
India or public order or morality.
42.
Subscription
No
officer and other employee shall, except with the previous sanction
of the competent authority, ask for or accept a contribution to or
otherwise associate himself with the raising of any funds or other
collections in cash or in kind in pursuance of any objective
whatsoever.
43.
Consumption of intoxicant drinks and drugs
(1)
An officer and other employee shall strictly abide by any law
relating to intoxicating drinks or drugs in force in any area in
which he may happen to be posted for the time being.
(2)
It shall be the duty of the officer and other employee to ensure
that he,--
(a)
takes due care that the performance of his duty is not affected in
any way by the influence of any intoxicating drink or drug;
(b) does not appear in public place in a state of intoxication;
and
(c) does not habitually use any intoxicating drink or drug to
excess.
Explanation :
For the purpose of this regulation, the expression "public
place" would include clubs (even exclusively meant for members
where it is permissible for the members to invite non-members as
guests), bars and restaurants, public conveyances and all other
places to which the public have or are permitted to have access,
whether on payment or otherwise.
44.
Officers and employees in debt
An
officer and other employee who is in debt shall furnish to the
competent authority a signed statement of his position half-yearly
on the 30th September and 31st March and shall indicate in the
statement the steps he is taking to rectify his position.
An officer and other employee who makes a false statement
under this regulation or who fails to submit the prescribed
statement or appears to be unable to liquidate his debts within a
reasonable time or applies for the protection of an insolvency court
shall be liable to dismissal.
Explanation :
For the purpose of this regulation,--
(a)
an officer and other employee shall be deemed to be in debt
if his total liabilities exclusive of those which are fully secured
exceed his substantive pay for twenty-four months;
(b)
an officer and other employee shall be deemed to be unable to
liquidate his debts within a reasonable time if it appears, having
regard to his personal resources and unavoidable current expenses
that he shall not cease to be in debt within a period of three
years.
45.
Submission of returns of movable, immovable and valuable properties
(1)
Every officer or other employee shall on his first appointment to
any service or post in the Authority submit a return of his assets
and liabilities in such form as may be specified by the Authority
giving the full particulars regarding, --
(a)
the immovable property inherited by him, or owned or acquired
by him or held by him on lease or mortgage, either in his own name
or in the name of any member of his family or in the name of any
other person;
(b)
shares, debentures and cash including bank deposits inherited
by him or similarly owned, acquired, or held by him;
(c)
other movable property inherited by him or similarly owned,
acquired or held by him; and
(d)
debts and other liabilities incurred by him directly or
indirectly.
(2)
Every officer or other employee belonging to any grade shall submit
an annual return in such form as may be specified by the Authority
giving full details regarding the immovable property inherited by
him or owned or acquired by him or held by him on lease or mortgage
either in his own name or in the name of any member of his family.
(3)
No officer or other employee except with the previous knowledge of
the Authority, acquire or dispose of any immovable property by
lease, mortgage, purchase, sale, gift or otherwise either in his own
name or in the name of any member of his family:
PROVIDED
that the previous sanction of the Authority shall be obtained by the
officer or other employee if any such transaction is with the person
or an Indian insurance company having official dealings with him.
(4)
Where the officer or other employee enters into a transaction in
respect of movable property either in his own name or in the name of
the member of the family, he shall, within sixty days from the date
of such transaction report the same to the Authority.
46.
Restrictions in relation to acquisition and disposal of immovable
property outside India and transactions with foreigners, etc.
Notwithstanding
anything contained in sub-regulation (3) of regulation 45, no
officer and other employee, except with the previous sanction of the
Authority,--
(a)
acquire, by purchase, mortgage, lease, gift or otherwise,
either in his own name or in the name of any member of his family,
any immovable property situated outside India;
(b)
dispose of, by sale, mortgage, gift or otherwise or grant any
lease in respect of any immovable property situated outside India
which was acquired or is held by him either in his own name or in
the name of any member of his family;
(c)
enter into any transaction with any foreigner, foreign
Government, foreign organisation or concern--
(i)
for the acquisition, by purchase, mortgage, lease, gift or
otherwise, either in his own name or in the name of any member of
his family, or any immovable property,
(ii)
for the disposal of, by sale, mortgage, gift or otherwise, or the
grant of any lease in respect of any immovable property which was
acquired or is held by him either in his own name or in the name of
any member of his family.
47.
Restriction regarding marriage
(1)
No officer and other employee shall enter into, or contract, a
marriage with a person having a spouse living.
(2)
No officer and other employee having a spouse living, shall enter
into, or contract, a marriage with any person:
PROVIDED
that the Authority may permit an officer and other employee to enter
into, or contract, any such marriage as is referred to in
sub-regulation (1) or sub-regulation (2), if it is satisfied that--
(a)
such marriage is permissible under the personal law applicable to
such an officer and other employee and the other party to the
marriage; and
(b) there are other grounds for so doing.
(3)
An officer and other employee who has married or marries a person
other than of Indian nationality shall intimate the fact to the
Authority.
48.
Suspension
(1)
The competent authority or any Authority to which it is subordinate
by general or special order may place an officer and other employee
under suspension--
(a)
where a disciplinary proceeding against him is contemplated
or is pending; or
(b)
where, in the opinion of the aforesaid Authority, he has
engaged himself in activities prejudicial to the interest of the
Authority or interests of holders of insurance policies or insurance
industry; or
(c)
where a case against him in respect of any criminal offence
is under investigation, inquiry or trial.
(2)
An officer and other employee shall be deemed to have been placed
under suspension by an order of the competent authority--
(a)
with effect from the date of his detention, if he is detained in
police custody, whether on criminal charge or otherwise for a period
exceeding forty-eight hours;
(b)
with effect from the date of his conviction, if, in the event of a
conviction for an offence, he is sentenced to a term of imprisonment
exceeding forty-eight hours and is not forthwith dismissed or
removed or compulsorily retired consequent to such conviction.
Explanation :
The period of forty-eight hours referred to in clause (b) of this
sub-regulation shall be computed from the commencement of the
imprisonment after the conviction and for this purpose, intermittent
periods of imprisonment if any, shall be taken into account.
(3)
Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon an officer and other employee under suspension
is set aside in appeal or review under these regulations and the
case is remitted for further inquiry or action or with any other
directions, the order of his suspension shall be deemed to have
continued in force, on and from the date of original order of
dismissal or compulsory retirement and shall remain in force until
further orders.
(4)
Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon an officer or other employee is set aside or
declared or rendered void in consequence of or by a decision of a
court of law and the disciplinary authority, on a consideration of
the circumstances of the case, decides to hold a further inquiry
against him on the allegations on which the penalty of dismissal,
removal or compulsory retirement was originally imposed, the officer
or other employee shall be deemed to have been placed under
suspension by the competent authority from the date of the original
order of dismissal, removal or compulsory retirement and shall
continue to remain under suspension until further orders :
PROVIDED
that no such further inquiry shall be ordered unless it is intended
to meet a situation where the court has passed an order purely on
technical grounds without going into the merits of the case.
(5)
(a) An order of suspension made or deemed to have been made under
this regulation shall continue to remain in force until it is
modified or revoked by the competent authority.
(b)
Where an officer or other employee is suspended or is deemed
to have been suspended (whether in connection with any disciplinary
proceeding or otherwise), and any other disciplinary proceeding is
commenced against him during the continuance of that suspension, the
competent authority to place him under suspension may, for reasons
to be recorded by him in writing, direct that the officer or other
employee shall continue to be under suspension until the termination
of all or any of such proceedings.
(c)
An order of suspension made or deemed to have been made under
this regulation may at any time be modified or revoked by the
Authority which made or is deemed to have made the order or by any
other Authority to which that Authority is subordinate.
49.
Penalties
The
following penalties may, for good and sufficient reasons and as
hereinafter provided, be imposed on an officer and other employee,
namely--
(a)
minor penalties being--
(i)
censure;
(ii)
withholding of his promotion;
(iii)
recovery from his pay of the whole or part of any pecuniary loss
caused by him to the Authority by negligence or breach of orders;
(iv)
reduction to a lower stage in the time-scale of pay for a period not
exceeding three years, without cumulative effect and not adversely
affecting his pension;
(v)
withholding of increments of pay.
(b) major penalties being--
(i)
save as provided for in sub-clause (iv) of clause (a) reduction to a
lower stage in the time-scale of pay for a specified period, with
further directions as to whether or not the officer and other
employee shall earn increments of pay during the period of such
reduction and whether on the expiry of such period, the reduction
shall or shall not have the effect of postponing the future
increments of this pay;
(ii)
reduction to lower time-scale of pay, grade, post or service which
shall ordinarily be a bar to the promotion of the officer and other
employee to the time-scale of pay, grade, post or service from which
he was reduced, with or without further directions regarding
conditions of restoration to the grade or post or service from which
the officer and other employee was reduced and his seniority and pay
on such restoration to that grade, post or service;
(iii)
compulsory retirement;
(iv)
removal from service which shall not be a disqualification for
future employment;
(v)
dismissal from service which shall ordinarily be a disqualification
for future employment:
PROVIDED
that, in every case in which the charge of acceptance from any
person of any gratification, other than legal remuneration, as a
motive or reward for doing or forbearing to do any official act is
established, the penalty mentioned in sub-clause (iv) or (v) of
clause (b) shall be imposed :
PROVIDED
FURTHER that in any exceptional case and for special reasons
recorded in writing, any other penalty may be imposed.
Explanation :
The following shall not amount to a penalty within the meaning of
this regulation, namely--
(i)
withholding of increment of an officer or other employee for
his failure to pass any departmental examination in accordance with
the regulations or orders governing the service to which he belongs
or post which he holds or the terms of his appointment;
(ii)
stoppage of an officer and other employee at the efficiency
bar in the time-scale of pay on the ground of his unfitness to cross
the bar;
(iii)
non-promotion of an officer and other employee, whether in a
substantive or officiating capacity, after consideration of his
case, to a service, grade or post of promotion to which he is
eligible;
(iv)
reversion of an officer and other employee officiating in a
higher service, grade or post, on the ground that he is considered
to be unsuitable for such higher service, grade or post or on any
administrative ground unconnected with his conduct;
(v)
reversion of an officer and other employee appointed on
probation to any other service, grade or post, to his permanent
service, grade or post during or at the end of the period of
probation in accordance with the terms of his appointment or the
regulations and orders governing such probation;
(vi)
replacement of the services of an officer and other employee,
whose services had been borrowed from any organisation, Government
etc. at the end of the term of deputation;
(vii)
compulsory retirement of an officer and other employee in accordance
with the provisions relating to his superannuation or retirement;
(viii)
termination of the services--
(a)
of an officer and other employee appointed on probation, during or
at the end of the period of his probation, in accordance with the
terms of his appointment or the regulations and orders governing
such probation, or
(b)
of an officer and other employee, employed under an agreement, in
accordance with the terms of such agreement.
50.
Disciplinary Authorities
(1)
The chairperson may impose any of the penalties specified in
regulation 49 on any officer and other employee.
(2)
Without prejudice to the provisions of sub-regulation (1), any of
the penalties specified in regulation 49 may be imposed on an
officer and other employee by the competent authority or any
Authority to which it is subordinate.
51.
Authority to institute proceedings
The
chairperson or any other Authority empowered by him by general or
special order may--
(a)
institute disciplinary proceedings against any officer and other
employee;
(b)
direct a disciplinary authority to institute disciplinary
proceedings against any officer or other employee on whom that
disciplinary authority is competent to impose under these
regulations any of the penalties specified in regulation 49.
52.
Procedure for imposing major penalties
(1)
No order imposing any of the penalties specified in sub-clauses (i)
to (v) of clause (b) of regulation 49 shall be made except after an
inquiry held, as far as may be, in the manner provided in this
regulation and regulation 53.
(2)
Whenever the disciplinary authority is of the opinion that there are
grounds for inquiring into the truth of any imputation of misconduct
or misbehavior against an officer and other employee, it may itself
inquire into, or appoint under this regulation, an Authority to
inquire into the truth thereof.
Explanation :
Where the disciplinary authority itself holds the inquiry, any
reference in regulation 49 to regulation 65 to the inquiring
authority shall be construed as a reference to the disciplinary
authority.
(3)
Where it is proposed to hold an inquiry against an officer and other
employee under this regulation, the disciplinary authority shall
draw up or cause a case to be drawn up containing--
(i)
the substance of the imputations of misconduct or
misbehavior into definite and distinct articles of charge;
(ii)
a statement of the imputations of misconduct or misbehavior
in support of each article of charge, which shall contain--
(a)
a statement of all relevant facts including any admission or
confession made by the officer and other employee;
(b)
a list of documents by which, and a list of witnesses by whom, the
articles of charge are proposed to be sustained.
(4)
The disciplinary authority shall deliver or cause to be delivered to
the officer and other employee a copy of the articles of charge, the
statement of the imputations of misconduct or misbehaviour and a
list of documents and witnesses by which each article or charge is
proposed to be sustained and shall require the officer and other
employee to submit, within such time as may be specified, a written
statement of his defence and state whether he desires to be heard in
person.
(5)
(a) On receipt of the written statement of defence, the
disciplinary authority may itself inquire into such of the articles
of charge as are not admitted, or, if it considers it necessary to
do so, appoint under sub-regulation (2), an inquiring authority for
the purpose, and where all the articles of charge have been admitted
by the officer and other employee in his written statement of
defence, the disciplinary authority shall record its findings on
each charge after taking such evidence as it may think fit and shall
act in the manner laid down in regulation 53.
(b)
If no written statement of defence is submitted by the
officer and other employee, the disciplinary authority may itself
inquire into the articles of charge, or may, if it considers it
necessary to do so, appoint, under sub-regulation (2) above, an
inquiring authority for the purpose.
(c)
Where the disciplinary authority itself inquires into any
article of charge or appoints an inquiring authority for holding any
inquiry into such charge, it may, by an order, appoint an officer of
the authority or a legal practitioner, to be known as the
"presenting officer" to present on its behalf the case in
support of the articles of charge.
(6)
The disciplinary authority shall, where it is not the inquiring
authority, forward to the inquiring authority--
(i)
a copy of the articles of charge and the statement of the
imputations of misconduct or misbehaviour;
(ii)
a copy of the written statement of the defence, if any,
submitted by the officer or other employee;
(iii)
a copy of the statements of witnesses, if any, referred to in
sub-regulation (3) above;
(iv)
evidence proving the delivery of the documents referred to in
sub-regulation (3) above, to the officer or other employee; and
(v)
a copy of the order appointing the "presenting
officer".
(7)
The officer and other employee shall appear in person before the
inquiring authority on such day and at such time within ten working
days from the date of receipt by the inquiring authority of the
articles of charge and the statement of the imputations of
misconduct or misbehaviour, as the inquiring authority may, by
notice in writing, specify, in this behalf, or within such further
time, not exceeding ten days, as the inquiring authority may allow.
(8)
(a)
The officer or other employee may take the assistance of any
other officer or other employee posted in any office either at his
headquarters or at the place where the inquiry is held, to present
the case on his behalf, but may not engage a legal practitioner for
the purpose, unless the presenting officer appointed by the
disciplinary authority is a legal practitioner, or, the disciplinary
authority, having regard to the circumstances of the case, so
permits:
PROVIDED
that the officer or other employee may take the assistance of any
other officer and other employee posted at any other station, if the
inquiring authority having regard to the circumstances of the case,
and for reasons to be recorded in writing so permits;
(b)
The officer and other employee may also take the assistance
of a retired officer or other employee of the Authority to present
the case on his behalf, subject to such conditions as may be
specified by the chairperson from time to time by general or special
order in this behalf.
(9)
If the officer and other employee, who has not admitted any of the
articles of charge in his written statement of defence or has not
submitted any written statement of defence, appears before the
inquiring authority, such authority shall ask him whether he is
guilty or has any defence to make and if he pleads guilty to any of
the articles of charge, the inquiring authority shall record the
plea, sign the record and obtain the signature of the officer and
other employee thereon.
(10)
The inquiring authority shall return a finding of guilty in respect
of those articles of charge to which the officer and/or other
employee pleads guilty.
(11)
The inquiring authority shall, if the officer and/or other employee
fails to appear within the specified time or refuses or omits to
plead, require the presenting officer to produce the evidence by
which he proposes to prove the articles of charge, and shall adjourn
the case to a later date not exceeding thirty days, after recording
an order that the officer and employee may, for the purpose of
preparing his defence--
(i)
inspect within five days of the order or within such further
time not exceeding five days as the inquiring authority may allow,
the documents specified in the list referred to in sub-regulation
(3);
(ii)
submit a list of witnesses to be examined on his behalf;
(iii)
give a notice within ten days of the order or within such
further time not exceeding ten days as the inquiring authority may
allow, for the discovery or production of any documents which are in
the possession of the authority but not mentioned in the list
referred to in sub-regulation (3).
(12)
The inquiring authority shall, on receipt of the notice for the
discovery or production of documents, forward the same or copies
thereof to the authority in whose custody or possession the
documents are kept, with a requisition for the production of the
documents by such date as may be specified in such requisition:
PROVIDED
that the inquiring authority may, for reasons to be recorded by it
in writing, refuse to requisition such of the documents as are, in
its opinion, not relevant to the case.
(13)
On receipt of the requisition referred to in sub-regulation (12),
every authority having the custody or possession of the
requisitioned documents shall produce the same before the inquiring
authority:
PROVIDED
that if the authority having the custody or possession of the
requisitioned documents is satisfied for reasons to be recorded by
it in writing that the production of all or any of such documents
would be against public interest or security of the State, it shall
inform the inquiring authority accordingly and the inquiring
authority shall, on being so informed, communicate the information
to the officer and other employee and withdraw the requisition made
by it for the production or discovery of documents.
(14)
On the date fixed for the inquiry,--
(a) the oral and documentary evidence, by which the articles of
charge are proposed to be proved, shall be produced by or on behalf
of the disciplinary authority;
(b) the witnesses shall be examined by or on behalf of the
presenting officer and may be cross-examined by or on behalf of the
officer and other employee;
(c) the presenting officer shall be entitled to re-examine the
witnesses on any points on which they have been
cross-examined, but
not on any new matter, without the leave of the inquiring authority;
(d) the inquiring authority may also put such questions to the
witnesses as it thinks fit.
(15)
(a)
If it shall appear necessary before the close of the case on
behalf of the disciplinary authority, the inquiring authority may,
in its discretion, allow the presenting officer to produce evidence
not included in the list given to the officer and other employee or
may itself call for new evidence or recall and re-examine any
witness and in such case the officer and other employee shall be
entitled to have, if he demands it, a copy of the list of further
evidence proposed to be produced and an adjournment of the inquiry
for three clear days before the production of such new evidence,
exclusive of the day of adjournment and the day to which the inquiry
is adjourned.
(b)
The inquiring authority shall give the officer and other
employee an opportunity of inspecting such documents before they are
taken on the record.
(c)
The inquiring authority may also allow the officer and other
employee to produce new evidence, if it is of the opinion that the
production of such evidence is necessary in the interests of
justice.
(16)
(a)
When the case for the disciplinary authority is closed, the
officer and other employee shall be required to state his defence,
orally or in writing, as he may prefer.
(b)
If the defence is made orally, it shall be recorded, and the
officer and other employee shall be required to sign the record.
(c)
In either case, a copy of the statement of defence shall be
given to the presenting officer, if any, appointed.
(17)
(a)
The evidence on behalf of the officer and other employee
shall then be produced.
(b)
The officer and other employee may examine himself in his own
behalf if he so prefers.
(c)
The witnesses produced by the officer and other employee
shall then be examined and shall be liable to cross-examination,
re-examination and examination by the inquiring authority according
to the provisions applicable to the witnesses for the disciplinary
authority.
(18)
The inquiring authority may, after the officer and other employee
closes his case, and shall, if the officer and other employee has
not examined himself, generally question him on the circumstances
appearing against him in the evidence for the purpose of enabling
the officer and other employee to explain any circumstances
appearing in the evidence against him.
(19)
The inquiring authority may, after the completion of the production
of evidence, hear the presenting officer, if any, appointed and the
officer and other employee, or permit them to file written briefs of
their respective case, if they so desire.
(20)
If the officer and other employee to whom a copy of the articles of
charge has been delivered, does not submit the written statement of
defence on or before the date specified for the purpose or does not
appear in person before the inquiring authority or otherwise fails
or refuses to comply with the provisions of this regulation, the
inquiring authority may hold the inquiry.
(21)
(a)
Where a disciplinary authority competent to impose any of the
penalties specified in sub-clauses (i) to (iv)
of clause (a)
of regulation 49 but not competent to impose any of the penalties
specified in sub-regulations
(i) to (v) of clause (b) of regulation
49, has itself inquired into or caused to be inquired into the
articles of
any charge and that authority, having regard to its own
findings or having regard to its decision on any of
the findings of
any inquiring authority appointed by it, is of the opinion that the
penalties specified in
sub-regulations (i) to (v) of clause (b) of
regulation 49 should be imposed on the officer and other
employee,
that authority shall forward the records of the inquiry to such
disciplinary authority as is
competent to impose the last mentioned
penalties.
(b) The disciplinary authority to which the records are so
forwarded may act on the evidence on the record, if it is of the
opinion that further examination of any of the witnesses is
necessary in the interests of justice, recall the witnesses and
examine, cross-examine and re-examine the witnesses and may impose
on the officer and other employee such penalty as it may deem fit in
accordance with these regulations.
(22)
Whenever any inquiring authority, after having heard and recorded
the whole or any part of the evidence in an inquiry ceases to
exercise jurisdiction therein, and is succeeded by another inquiring
authority which has, and which exercises, such jurisdiction, the
inquiring authority so succeeding may act on the evidence so
recorded by its predecessor, or partly recorded by its predecessor
and partly recorded by itself :
PROVIDED
that if the succeeding inquiry authority is of the opinion that
further examination of any of the witnesses whose evidence has
already been recorded is necessary in the interests of justice, it
may recall, examine, cross-examine and re-examine any such witnesses
as hereinbefore provided.
(23)(i)
After the conclusion of the inquiry, a report shall be prepared and
it shall contain--
(a)
the articles of charge and the statement of the imputations
of misconduct or misbehaviour;
(b)
the defence of the officer and other employee in respect of
each of articles of charge;
(c)
an assessment of the evidence in respect of each article of
charge;
(d)
the findings on each article of charge and reasons therefor.
Explanation :
If in the opinion of the inquiring authority the proceedings of the
inquiry establish any article of charge different from the original
articles of charge, it may record its findings on such article of
charge :
PROVIDED
that the findings on such article of charge shall not be recorded
unless the officer and other employee has either admitted the facts
on which such article of charge is based or has had a reasonable
opportunity of defending himself against such article of charge.
(ii)
The inquiring authority, where it is not itself the disciplinary
authority, shall forward to the disciplinary authority the records
of inquiry which shall include--
(a)
the report prepared by it under clause (i);
(b) the written statement of defence, if any, submitted by the
officer and/or other employee;
(c) the oral and documentary evidence produced in the course of
the inquiry;
(d)
written briefs, if any, filed by the presenting officer or
the officer and other employee or both during the course of
the
inquiry; and
(e)
the orders, if any, made by the disciplinary authority and
the inquiring authority in regard to the inquiry.
53.
Action on the inquiry report
(1)
The disciplinary authority, if it is not itself the inquiring
authority may, for reasons to be recorded by it in writing, remit
the case to the inquiring authority for further inquiry and report
and the inquiring authority shall thereupon proceed to hold the
further inquiry according to the provisions of regulation 52 as far
as may be.
(2)
The disciplinary authority shall forward or cause to be forwarded a
copy of the report of the inquiry, if any, held by the disciplinary
authority or where the disciplinary authority is not the inquiring
authority a copy of the report of the inquiring authority to the
officer and other employee who shall be required to submit, if he so
desires, his written representation of submission to the
disciplinary authority within fifteen days, irrespective of whether
the report is favourable or not to the officer and other employee.
(3)
The disciplinary authority shall consider the representation, if
any, submitted by the officer and other employee before proceeding
further in the manner specified in sub-regulations (4) to (6).
(4)
The disciplinary authority shall, if it disagrees with the findings
of the inquiring authority on any article of charge, record its
reasons for such disagreement and record its own findings on such
charge if the evidence record is sufficient for the purpose.
(5)
If the disciplinary authority, having regard to its findings on all
or any of the articles of charge, is of the opinion that any of the
penalties specified in sub-clauses (i) to (v) of clause (a) of
regulation 49 should be imposed on the officer and other employee,
it shall, notwithstanding anything contained in regulation 54, make
an order imposing such penalty.
(6)
If the disciplinary authority having regard to its findings on all
or any of the articles of charge and on the basis of the evidence
adduced during the inquiry is of the opinion that any of the
penalties specified in sub-clauses (i) to (v) of clause (b) of
regulation 49 should be imposed on the officer and other employee,
it shall make an order imposing such penalty and it shall not be
necessary to give the officer and other employee any opportunity of
making representation on the penalty proposed to be imposed.
54.
Procedure for imposing minor penalty
(1)
Subject to the provisions of sub-regulation (5) of regulation 53, no
order imposing on an officer and other employee any of the penalties
specified in sub-clauses (i) to (v) of clause (a) of regulation 49
shall be made except after--
(a)
informing the officer and other employee in writing of the
proposal to take action against him and of the imputations of
misconduct or misbehaviour on which it is proposed to be taken, and
giving him reasonable opportunity of making such representation as
he may wish to make against the proposal;
(b)
holding an inquiry in the manner laid down in sub-regulations
(3) to (23) of regulation 52, in every case in which the
disciplinary authority is of the opinion that such inquiry is
necessary;
(c)
taking the representation, if any, submitted by the officer
and other employee under clause (a) and the record of inquiry, if
any held under clause (b) into consideration;
(d)
recording a finding on each imputation of misconduct or
misbehaviour.
(2)
Notwithstanding anything contained in clause (b) of sub-regulation
(1), if in a case it is proposed after considering the
representation, if any, made by the officer and other employee under
clause (a) of that sub-regulation, to withhold increments of pay and
such withholding of increments is likely to affect adversely the
amount of pension payable to the officer and other employee or to
withhold increments of pay for a period exceeding three years or to
withhold increments of pay with cumulative effect for any period, an
inquiry shall be held in the manner laid down in sub-regulations (3)
to (23) of regulation 52, before making any order imposing on the
officer and other employee any such penalty.
(3)
The record of the proceedings in such cases shall include--
(i)
a copy of the intimation to the officer and other employee of
the proposal to take action against him;
(ii)
a copy of the statement of imputations of misconduct or
misbehaviour delivered to him;
(iii)
his representation, if any;
(iv) the evidence produced during the inquiry;
(v)
the findings on each imputation of misconduct or misbehaviour;
and
(vi)
the orders on the case together with the reasons therefor.
55.
Communication of orders
Orders
made by the disciplinary authority shall be communicated to the
officer and other employee who shall also be supplied with a copy of
its finding on each article of charge, or where the disciplinary
authority is not the inquiring authority a statement of the findings
of the disciplinary authority together with brief reasons for its
disagreement, if any, with the findings of the inquiring authority
and reasons for non-acceptance.
56.
Common proceedings
(1)
Where two or more officers and other employees are concerned in any
case, the chairperson or any other authority competent to impose the
penalty of dismissal from service on all such officers and other
employees may make an order directing that disciplinary action
against all of them may be taken in a common proceeding.
(2)
Subject to the provisions of regulation 50, any such order shall
specify--
(i)
the Authority which may function as the disciplinary
authority for the purpose of such common proceeding;
(ii)
the penalties specified in regulation 49 which such
disciplinary authority shall be competent to impose;
(iii)
whether the procedure laid down in regulation 52, regulation
53 and regulation 54 shall be followed in the proceeding.
57.
Special procedure in certain cases
Notwithstanding
anything contained in regulation 52 to regulation 56--
(i)
where any penalty is imposed on an officer and other employee
on the ground of misconduct which has led to his conviction on a
criminal charge; or
(ii)
where the disciplinary authority is satisfied for reasons to
be recorded by it in writing that it is not reasonably practicable
to hold an inquiry in the manner provided in these regulations, or
(iii)
where the chairperson is satisfied that in the interest of the
security of the State, it is not expedient to hold any inquiry in
the manner provided in these regulations,
the
disciplinary authority may consider the circumstances of the case
and make such orders thereon as it deems fit:
PROVIDED
that the officer and/or other employee may be given an opportunity
of making representation on the penalty proposed to be imposed
before any order is made in a case under clause (i).
58.
Orders against which appeal lies
An
officer and other employee may prefer an appeal against all or any
of the following orders, namely--
(i)
an order of suspension made or deemed to have been made under
regulation 48;
(ii)
an order imposing any of the penalties specified in
regulation 49 whether made by the disciplinary authority or by any
appellate or (reviewing) authority;
(iii)
an order enhancing any penalty, imposed under regulation 49;
(iv)
an order which--
(a)
denies or varies to his disadvantage his pay, allowances, or other
conditions of service, or
(b)
interprets to his disadvantage the provisions of any such regulation
or agreement; or
(v)
an order--
(a)
stopping him at the efficiency bar in the time-scale of pay on the
ground of his unfitness to cross the bar;
(b)
reverting him while officiating in a higher service, grade or post,
otherwise than as a penalty;
(c)
reducing or withholding the pension or denying the maximum pension
admissible to him under the regulations;
(d)
determining the subsistence and other allowances to be paid to him
for the period of suspension or for the period during which he is
deemed to be under suspension or for any portion thereof;
(e)
determining his pay and allowance--
(i)
for the period of suspension, or
(ii) for the period from the date of his dismissal, removal or,
compulsory retirement from service, or from the date of his
reduction of a lower service, grade, post, time-scale or stage in a
time-scale of pay, to the date of his reinstatement or restoration
to his service, grade or post; or
(f)
determining whether or not the period from the date of his
suspension or from the date of his dismissal, removal, compulsory
retirement or reduction to a lower service, grade, post, time-scale
or pay or stage in a time-scale of pay to the date of his
reinstatement or restoration to his service, grade or post shall be
treated as a period spent on duty for any purpose.
Explanation :
In this regulation,--
the
expression "officer and other employee" includes a person
who has ceased to be in the service of the Authority.
59.
Appellate Authority
(1)
An officer and other employee, including a person who has ceased to
be in the service of the Authority, may prefer an appeal against all
or any of the orders specified in regulation 58 to the appellate
authority specified in this behalf either in the Schedule or by a
general or special order of the chairperson or, where no such
authority is specified to the Authority.
(2)
Notwithstanding anything contained in sub-regulation (1)--
(i)
An appeal against an order in a common proceeding held under
regulation 56 shall lie to the Authority to which the Authority
functioning as the disciplinary authority for the purpose of that
proceeding is immediately subordinate:
PROVIDED
that where such authority is subordinate to the chairperson in
respect of an officer and other employee for whom chairperson is the
appellate authority in terms of sub-clause (b) of clause (i) of
sub-regulation (1), the appeal shall lie with the Authority;
(ii)
Where the person who made the order appealed against becomes,
by virtue of his subsequent appointment or otherwise, the appellate
authority in respect of such order, an appeal against such order
shall lie to the Authority to which such person is immediately
subordinate.
(3)
An officer and other employee may prefer an appeal against an order
imposing any of the penalties specified in regulation 49 to the
chairperson, where no such appeal lies to him under sub-regulation
(1) or sub-regulation (2), if such penalty is imposed by any
authority other than the chairperson, on such officer and other
employee in respect of his activities connected with his work as an
office-bearer of an association, federation or union.
60.
Period of limitation of appeals
No
appeal preferred under this Part shall be entertained unless such
appeal is preferred within a period of forty-five days from the date
on which a copy of the order appealed against is delivered to the
appellant :
PROVIDED
that the appellate authority may entertain the appeal after the
expiry of the said period, if it is satisfied that the appellant had
sufficient cause for not preferring the appeal in time.
61.
Form and contents of appeal
(1)
Every person preferring an appeal shall do so separately and in his
own name.
(2)
The appeal shall be presented to the Authority to whom the appeal
lies, a copy being forwarded by the appellant to the Authority which
made the order appealed against.
It shall contain all material statements and arguments on
which the appellant relies, shall not contain any disrespectful or
improper language, and shall be complete in itself.
(3)
The appellate authority which made the order appealed against shall,
on receipt of a copy of the appeal, forward the same with its
comments thereon together with the relevant records to the appellate
authority without any avoidable delay, and without waiting for any
direction from the appellate authority.
62.
Consideration of appeal
(1)
In the case of an appeal against an order of suspension, the
appellate authority shall consider whether in the light of the
provisions of regulation 48 and having regard to the circumstances
of the case, the order of suspension is justified or not and confirm
or revoke the order accordingly.
(2)
In the case of an appeal against an order imposing any of the
penalties specified in regulation 49 or enhancing any penalty
imposed under the said regulations, the appellate authority shall
consider--
(a)
whether the procedure laid down in these regulations has been
complied with or has resulted in the failure of justice;
(b)
whether the findings of the disciplinary authority are warranted by
the evidence on the record; and
(c)
whether the penalty or the enhanced penalty imposed is adequate,
inadequate or severe,
and pass
orders--
(i) confirming, enhancing, reducing, or setting aside the
penalty; or
(ii) remitting the case to the authority which imposed or enhanced
the penalty or to any other authority with such direction as it may
deem fit in the circumstances of these cases:
PROVIDED
that--
(i)
if such enhanced penalty which the appellate authority
proposes to impose is one of the penalties specified in sub-clauses
(i) to (v) of clause (a) of regulation 49 and an inquiry under
regulation 52 has not already been held in the case, the appellate
authority shall itself hold such inquiry or direct that such inquiry
be held in accordance with the provisions of regulation 52 and
thereafter, on a consideration of the proceedings of such inquiry
and make such orders as it may deem fit;
(ii)
if the enhanced penalty which the appellate authority
proposes to impose is one of the penalties specified in regulation
49 and an enquiry under regulation 52 has been held in the case, the
appellate authority shall make such orders as it may deem fit after
the appellant has been given a reasonable opportunity of making a
representation against the proposed penalty; and
(iii)
no order imposing an enhanced penalty shall be made in any other
case unless the appellant has been given a reasonable opportunity,
as far as may be in accordance with the provisions of regulation 54,
of making a representation against such enhanced penalty.
(3)
In an appeal against any other order specified in regulation 62, the
appellate authority shall consider all the circumstances of the case
and make such orders as it may deem just and equitable.
63.
Implementation of orders in appeal
The
authority which made the order appealed against shall give effect to
the orders passed by the appellate authority.
64.
Revision
(1)
Notwithstanding anything contained in these regulations--
(i) the chairperson; or
(ii) the appellate authority, within six months of the date of the
order
may,
at any time, either on his or its own motion or otherwise call for
the records of any inquiry and revise any order made under these
regulations, and may--
(a)
confirm, modify or set aside the order; or
(b)
confirm, reduce, enhance or set aside the penalty imposed by the
order, or impose any penalty where no penalty has been imposed; or
(c)
remit the case to the authority which made the order to or any other
authority directing such authority to make such further enquiry as
it may consider proper in the circumstances of the case; or
(d)
pass such other orders as it may deem fit:
PROVIDED
that no order imposing or enhancing any penalty shall be made by any
revising authority unless the officer and other employee concerned
has been given a reasonable opportunity of making a representation
against the penalty proposed and where it is proposed to impose any
of the penalties specified in sub-clauses (i) to (v) of clause (b)
of regulation 49 or to enhance the penalty imposed by the order
sought to be revised to any of the penalties specified in those
clauses, and if an inquiry under regulation 52 has not already been
held in the case no such penalty shall be imposed except after an
inquiry in the manner laid down in regulation 52 :
PROVIDED
FURTHER that no power of revision shall be exercised unless--
(i) the authority which made the order in appeal, or
(ii) the authority to which an appeal would lie, where no appeal
has been preferred, is subordinate to him.
(2)
No proceeding for revision shall be commenced until after--
(i) the expiry of the period of limitation for an appeal, or
(ii) the disposal of the appeal, where any such appeal has been
preferred.
(3)
An application for revision shall be dealt with in the same manner
as if it were an appeal under these regulations.
65.
Review
The
authority may, at any time, either on its own motion or otherwise
review any order passed under these regulations, when any new
material or evidence which could not be produced or was not
available at the time of passing the order under review and which
has the effect of changing the nature of the case, has come, or has
been brought to his notice:
PROVIDED
that no order imposing or enhancing any penalty shall be made by the
authority unless the officer and other employee concerned has been
given a reasonable opportunity of making a representation against
the penalty proposed or where it is proposed to impose any of the
major penalties specified in regulation 49 or to enhance the minor
penalty imposed by the order sought to be reviewed to any of the
major penalties and if an enquiry under regulation 52 has not
already been held in the case, no such penalty shall be imposed
except after inquiring in the manner laid down in regulation 52.
66.
Service of orders, notices, etc.
Every
order, notice and other process made or issued under these
regulations shall be served in person on the officer and other
employee concerned or communicated to him by registered post.
CHAPTER
VIII
MISCELLANEOUS
67.
Medical facilities
Medical
facilities shall be provided by the Authority to its officers and
other employees in accordance with the regulations made by the
Authority from time to time.
68.
Travelling and halting allowance
Travelling
and halting allowances shall be paid to the officers and other
employees according to such rates and on such terms and conditions
as may be approved by the Authority from time to time.
69.
Deputation
(1)
No officer and other employee of the Authority may be deputed to
serve under any other employer without the approval of the
chairperson who shall determine the duration of such deputation and
the terms and conditions on which the deputation shall take effect;
provided that no officer and other employee may be so deputed
against his will.
(2)
Where the services of an officer and other employees of the
Authority are placed at the disposal of any other employer, it shall
be a condition of such a deputation that the other employer shall,
during the period of such deputation, bear the entire cost of the
services of the officer and other employee as may be indicated in
the order of deputation.
70.
Provident fund
Every
officer and other employee of the Authority shall become a member of
a provident fund to be established by the Authority.
71.
Insurance scheme or fund
It
shall be required of every officer and other employee bound by these
regulations to subscribe to any insurance scheme or fund that may be
instituted by the Authority for the benefit of its officers and
other employees and their families and to be bound by the
regulations of the said scheme or fund:
PROVIDED
that nothing contained in this regulation shall serve to curtail any
superannuation benefits which may otherwise be admissible to an
officer and other employee.
72.
Grievance redressal and welfare
(1)
The Authority shall constitute a grievance redressal committee to
look into the grievances, if any, of its officers and other
employees and it may appoint any of its members or chairperson to
act as an appellate authority to decide the appeals arising out of
the decisions of the committee.
(2)
The committee shall provide reasonable opportunity of hearing the
aggrieved person before a final decision is recorded on the
grievance.
(3)
The Authority shall take such steps as it considers necessary for
the welfare and development of its officers and other employees.
SCHEDULE
[Refer
clauses (b) and (c) of sub-regulation (1) of regulation 3]
COMPETENT
AUTHORITIES/APPELLATE AUTHORITIES
Regulation
No.
|
Matters
|
Competent
authority
|
Appellate
authority
|
(1)
|
(2)
|
(3)
|
(4)
|
4(3)
|
Appointments and
promotion (Class I) other than executive directors |
Chairperson |
Authority |
Appointment and
promotion to the post of executive director |
Chairperson in
consultation with a committee consisting of three members of
the authority |
Authority |
Appointments and
promotion (Class II) |
Member
|
Chairperson |
Appointments and
promotion (Class III and Class IV) |
Executive
director |
Member |
6(4) and
(5)
|
To receive notice
acceptance or refusal or waiver thereof to discontinue or resign
the service (all classes of officers and other employees) |
Appointing authority
|
Next higher authority |
7(6)
|
Regulation of
period between date of permanent retirement and date of reinstatement |
Chairperson |
Authority |
7(8) (9)
and (10)
|
Permission to
seek retirement after attaining the age of fifty years (in the
case of Class I officer and Class II employees) or after attaining
the age of fifty-five years in the case of other employees |
Chairperson
|
Authority |
7(11)
|
Specific approval
to withdraw the notice of retirement |
Chairperson
|
Authority |
10(1)
|
Assessing the suitability
of officers and other employees to promotion posts |
Chairperson for Class I officers
Member for Class II employees
and executive director for Class III and IV employees |
Next higher authority |
11
|
Reversion |
Chairperson for
Class I officers member for Class II employees and executive
director for Class III and IV employees |
Next higher authority |
12(3)
|
Passing of an
order for accrual of benefits entitlement of allowances etc.
in the case of discharge or suspension or removal of officers
and other employees |
Chairperson
|
Authority |
13(3)
|
Sanction to draw
increments |
Competent authority |
Next
higher authority |
17 read
with 18 20 21(3) 23(6) 25(1) 25(3) 26(3) 27(2)(3) and 28(6)
|
Casual
leave |
1.
Regional in-charge
2. Departmental incharge or immediate superior Class I
officer |
Next
higher authority
Next higher authority |
Earned
leave |
Regional
incharge departmental incharge under intimation to his superior
Class I officer |
Next
higher authority |
Sick
leave and maternity leave |
Regional
incharge departmental incharge under intimation to his superior
Class I officer |
Next
higher authority |
Extraordinary
leave |
Chairperson
|
|
Other
leave if any |
|
Chairperson/member/executive
director/next superior Class I officer |
|
Explanation
:
1. For
the purposes of grant of leave other than extraordinary leave
to the officers and other employees directly reporting to
member the competent authority is the respective member.
2. The
grant of leave in the absence of regional incharge will be
by the next senior Class I officer of the regional office
or the executive director (headquarters)
3. Leave
in respect of executive director will be sanctioned by the
chairperson and in his absence by the senior-most member of
the authority
|
|
|
29(7)
|
Contribution
to the press |
Chairperson
or member authorised by him |
Authority |
31(1)
|
Giving
of evidence |
Chairperson |
Authority |
34.
|
Permission
to be absent from station |
1. Chairperson
for executive director
Member
for Class I officers and Class II employees
2. Executive
director/regional incharge for Class III and IV employees
|
Next
higher authority |
35(2)
|
Report
in regard to receipt of gifts from friends |
Chairperson
|
Authority |
38(c)
|
Permission
to stand guarantee in private capacity |
1.
Chairperson for executive director |
Authority |
2. Member
for other Class I officers and Class II employees
3. Executive
director/regional incharge for Class III and IV employees
|
Chairperson
Member |
42
|
Sanction
for subscription |
Chairperson
|
Authority
|
44
|
Officer
and other employees in debt to furnish a statement |
Chairperson
|
Authority |
48
|
Suspension
(Class I officers) |
Chairperson
|
Authority |
Suspension
(Class II employees) |
Member |
Chairperson |
Suspension
(Class III and IV employees) |
Executive
director |
Member |
49 and 50
|
Award
of penalties : |
|
|
a. Minor penalties
i, ii, iii, iv &
v
|
1.Member
in the case of Class I officers and Class II employees
2. Executive
director in the case of other employees
|
Chairperson
Member |
b. Major penalties
i, ii, iii, iv and v |
1. Members in
the case of Class I officers and Class II employees
2. Executive director in the case of other employees
Chairperson |
Chairperson
Member
Authority |
Explanation
: The competent authority
indicated in column 3 above is without prejudice to the provisions
of sub-regulation (1) of regulation 50 to be taken as the disciplinary
authority. |
|
|
|