(Conditions of Service of Officers and Other Employees) Regulations, 2000

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----- INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY NOTIFICATION New Dcllti, 1be 2 9Ui August. 2000 (Conditions of Service of Office~ and Other Employees) Regulations, 2000 }1. No. JRDA/Reg,1812000.- In exercise of the powers conferred by clause (c) of sub-section (2) of sccuon 26 of the Insurance Regulatory Development Authority Act. 1999 (41 of 1999), the Authority. m consultanon with the Insurance Advisory Committee. hereby makes the followin& regulations, namely:• CHAPTER-I PRELIMTNARY I. Short Tille 3Dd commencement.- (I) These regulations may be called the Insurance Regulatory and Development Authority (Condiuons of service of Officers and other employoes) R.egularions. 2000. (2) They shall come 1010 force on the date of the1t publication m the Official Gazet1e. 2. Application .• fhcsc regulations shall apply to every whole time officer and other employee of the Authority: Provided that these ,egulohons sh,1II not apply to persons employed temporarily, (other than proba11oners). or on contract basts. except otherwise specifically provided. 3. Oelinitions - ( I) Ln these regulations. unles.s the context otherwise requires.• {a) "Authoricy" rueans lhe Insurance Resulatory .nJtl Dcvdopn1cnt Authorily est:1blish('d 1.mtiet sub-secuon (I) of secnon J of Insurance Regulatory and Development Authority Ac~ 1999 (41 of I 999): (b) "Appellate Authority" mc,ns cite outhority specified In the Schedule: (c)"Competcnt Authority" means,• (i) in relation to matters specified under colwnn (2) of the Schedu1e, the authorittes specified under column (3) of that Schedule. ( ii) in relotion to matters not specified under column (2) of the Schedule. the Chau-person: ( d) ·•duty" includes- {i) service as 11 probationer: (ii) period rlurrng which an officer and other employee is on joimng nme or trauung authorised by the A uthor11)': (iii) penod spent on leave duly outborised by the Competent Authority; (c) "employee" means Class II. Ill and IV cniployc~s specified in ~,ese regulations. 0 0 ['l111 ITl- 19W! 4) (f) "leave pay" means the monu1Jy pay which the officers and other employees would have drawn while on duty but for proceeding 011 lc:avc. (g) ·•Lien" mcnns the mle of an officer and ou,er employee to hold substanavely, either 11nmedintcly or on ternunauon of a period or periods of absence, a permanent post to which he has bten appointed sul)srantivcly or he!d itJ a permanent eapa,ity. (h) •• Officiate'" an officer and other employee officiates in a post when he pcrfom\S tho duties of a post 011 which another person holds a lien. Th.e competent authority may, if it thinks l1t, appoint an officer or olher employee to officiate m a vacant post on which no other officer and other arnployee holds a lien. (1) "Officer·· mean, Class I officer referred to in these reg»lations: (1) "Pay" mean• ~,c amount drawn by .m officer md other employee as - (i) pay which had been sanctioned for a post held by him substantively or in an officiating capacny) 0 1 to which he is entitled by -reason of his position in a cadre; (n) special pay and personal pay; (ii,) any od,er emoluments which may be specially classified as pay by the Authoruy; (k) "pc,sonal pay'' means an additional pay granted to an officer and other employee-- (i)to save him from a loss ofsubsrnnuve pay in respect ofa permanent post due to a revision of pay or to any rcducuon of such subs1annve pay otherwise than as a disciplinary measu·re : 01 (ii} m ~xccptional cucornstances. on other personal considern1ions: (I) ··Schedule" means schedule annexed 10 these rcgulauons; (m) "service" includes the penod ,hiring which an officer and other employe.c is 011 duty as well as on knve duly au1honsed by the competent authority, but does not mcludc any penod durmg which au officer and othc:r cmployt:i: is absen1 from duty without pennis.sion or overstays !us leave, unless spec,lically pernntted or cQndoncd by the competent authority (n) "SP<'t1al allowance" means an aJditio11, In the nature of an allowance, to the emoluments nttathed to a p<JSt or of an officer and other employee, granted at the discretion of the Authonty 111 consideration of the spec,ally arduous nature of the duties attached to the post or required to be performed by the officer and other employee: (0) ··special pay" means"" addition, in the nature of pay, l<\ the eri,olumcnts of a post or of an ofticer and other employee granted ol the: discretion of the Authonty in consideration oi a ,;pecific add111on lO tht· work or responsibiJiiy; Ip) "Sub,tsn1i,•c pay" means the pay to which an officer and 0Ll1er employee is entitled on :1ccount uf a pos1 m which ht: has been appomtcd substantively or by reasons of his ~ub~t:rnuvc positton 111 a ...:a<lrc: (q} ··year" means a cc.mtnmou.s p-eriod of rwelvc-mc,nths commencing from I~ day of Apnl, of a ycor and ending wiLl, 31" day of \1arch of the next year. (2) /\II word& and expressions used herein and not defined in these regulations but defined in lnsumnce Act, JQ3S ( 4 of J<)38) or Insurance Regulatory and Development Authority Act, I Q99 (41 of 1999) shall have the mca.mngs respectively assigned to them ,n those Acls unkss otherw1s1: prov1d¢d 111 the contrdcls of service. \3) Fm the purposes of these regulations. the tcm1s 'he' and 'his' shall also refer to ·she' and 'ht."r' whcrcvtr d rcum~tanccs wa1Tant and sing\1lar will also include plural CHAPTF.R - 11 CLASSlflCATION OF OFFICERS AND OTHER EMPL OYEES ~- Classification of omccrs and other Employees.- (1) TI1e Ofliccrs and other employees of the Authority shfill be classified as follows:- Class I Class II Class Ill Cla,s IV Officers: Supervisors: Secretarial Stafl. l.iencrnl Assistant, Rccepuomst cum Telephone Operator: Orivcr cum Anendam cmn Th·cord-Keepcr (2) l11e numbc, of pos1s. 1heir classilication, sco!e of pay, age limit, education and other qua Ii fic;:itJons. pcrmd of probauon. tnethod of rccru11ment 1 composition of selection committee or <.kpartmental promouon tommmee shall b<: such as may be determined by the .Authori1y: 37 I 38 THE GAZETI'E OF fNDIA : EXTRAORDlNARY (3) All appo111Jmcuts in, nod promotion to, any cfass or grade shall he made by the Competent Autl1ority. Provided, however. that in tl1e case of officers and other employees holding posts in the Authodty "'the ume of the commc11cement of these regulauons. they shall be deemed to have been nppotnted to such posts till such tune as the Amhority absorbs them on such posts and scales of pay as may be dcte11rnncd wider sub-regttlalion (2) above. Provided funher that such officers and other employees who are willing to get absorbed in the Authomy may exercise their option to get absorbed in the Authority by 3 I" December, 2000 or such further time as may be determined by the Authority. Provided further tba1 tht salary, allowances and other conditions of service of the officers and 01hcr employees deemed to have been appomted shall nol be varied to their disadvantage. Provided also 1hat the Autbomy 10 regard 10 officers and other employees not exercismg the,r op1ion by the stated date for gemng absorbed in the service of the Authority or persons whom it does not wish 10 offer the facility of absorpuon may revert such persons to their pare.nt offices. CHAPTER- ID COMMENCEMENT OF DUTY AND NOTICE PERIOD 5. Commencement of dut)·.- The servi~e ot an officer and other employee shall be deemed to commence from 1he working day On which such officer and other employee repons for duty in any appointment covered by these regulations at the place and time mtimated to him by the ~(Hnpi.:t~nt authority: " Provided that lf he n:ports in the aftemoon 1 his service. shall corrunence from the next following working day. 1,. Notice for ,focontinuing or leaving the scrvicc.-(1) An officer aod other employee, nmy rc:..,gn or lea"c or disconunue his scrv ice in the Authority by giving to the Chairperson r'loticc- m wntmg of his intention to leave or discontin\le the service. (2) n,c period ofno1icc rcqmred shall be,- \a) Ill the case. of offtcers and other employees holding tl1e post on regular basis, three n10ntl1.S-: ( h) m d1e case of officers and other employees holdiJ1g lhe post on probation, one monlh; (.1) 111 1he case of failure by an ollicer or an employee to give notice in accordance with the provis,ons specified m sub-regulation (2), he shall be liable to pay to the Authority as compensation ~:i. snm equal 10 his substanth,c pay for the period of notice required under these n:gulations P,ovidctl 1hat such nouce or the payment of such compensation may. by reasons to be recorded in wriung_. be n.:duced or waived by the Chairperson: l't'Ovidcd funher tlm tl1e officer and other employee shall i,ot be entitled to set off ,.mv leave earned and not ~vailcd of by him agaim;l Lin: period of :such notice: (4) Notw11hstand111g anythmg contimcd 111 sub- regulation (I). the resignation of an officer and l,ihcr employee shall not be effective unless it is accepted by the Competent AmhonLy. (~) I he C-ompctem Authonry may refuse to accepl the resignation from an officer or cmploy('c, if.- (;\) thsc1plinary proceedings have been instituted against or are proposed 10 he insututed ~garnst that oilicc-1 employ..:.c~ (bl 1he oflicc, ancl other employee ,s Ul\der an obligat,on 10 serve the Authonry for a spl.'C1fied pcnod wh1ch has ncu expm:d: (L·) d1c offlcer and otl1(1' employee owes the Authority any sums of money. Explanation. 1.- For the purposes of this regulations clisciplinary proceedings shall be deemed to be msu1u1ed :1gilmS1 an officer and other employee.- ( a) , f he has been placed undc, sus1>ension under these regulations: or lh} nny noHcc has been issued 10 him asking him 10 show cause why disc1phnary proceedings should not be ms11cuted ~1gn111s1 him: or I ( c)any charge-sheer has b«n issued to lum under the regulnuons and sh, 11 he deemed to be pending till finol orders 1herco11 ore passed by the competent authority Explanation 2 ... J\ nottcc by :m officer oad other employee under sub--rcgulntton (I} shall be proper notici: 1f he rcnwms on duty dunug Lhc pi:no<l of the nouce. 7. -Re1ircmcn1.- (I) Excep1 as mherwise provided in this regulation. every oiliccr and other employee ~hall reure from service nn the nficmoon of the last day of the monch m which he aItains the age (>f six1y yc-ars; Provided chat an ufllccr unJ ocher employee whose date of birth is Ll1e first ofa momh shall rccfrc from scrv,c~ on the afternoon of I.he lase day of the preceding month on a11aining the o.ge of s,xLy years: Provided fw'lhcr Ll1a1 1hc Co111pc1eo1 Authority may, if ii is of 1he opinion tha1 it is in the interest of lhc Authur11y 10 do so. duct! an officer or employee 10 re1ire on completion of fifty five years of age or at any umc. thi:rca 1'tc1. on g~ving him tlt.r~e momhs · notice or salary in lieu thereof. PI-Ovu:led i'1111her th~t an uffo:er and other employee shall be permitted upon request to retire before the dote of retircmenl spcc1ficd 111 lhi~ sub-regulation eicher (a) on competition of 1wen;y five years of serv,~e: or (b) 011 compkuon oftwency years of service. provided he has attained age of fifty; or (c) on complct1011 or liticcn vcars ol service. ,f be 1s incapaci;ated for further acrive service. Explanauon . Where an officer or employee ts dtrc:cced by lhe compeccnc Authomy to retire as aforesaid, 1r shall nm hL• <kemcd to be a penalty under Lhesc regu!ations. (2) No officer or mher employee shall be grnnled cx1e11sio11 in service beyond 1he age of reurement of sixty years: (3) lf on a review of the tas<: cithcl' 011 a l'epresenumon from the officer or 3n employee retired prematurely or 0 1.hcrwist'. 1t 1s decided to remsrnte Lhe officer or an employee m serv1cc. the Competent Authonty ordcnng rcin:;tatcment may regulate the ini;eivenmg period between the dale of premature rcurcment au<l the date of re1nsrntemenr by the gram of lea\'C of the kind due and admissible. mcludmg cxtrnordinary leave. or by treating II as dies non dcpendmg upon the facts and circumstances of the case: Prnv1dcd that the 1111erve11111g period shall be treated as-a penod spent on duty i-Or all puf1>0SCS including pay and allowances. 1f 11 ,s speciticnlly held by the Competent Authonty ordering rcmsto.tement LhaL the premanire renrefftem was 1t$elf 11ot Justified tn the cucumstanc~s of the cas.e, or, if the order of prernamre retiremc111 ,s ser aside by a Court of Law. ( 4) Where the order of premarure recircmcnl ts sct aside by a Court of Law wrlh spec,fic directions 111 regard 10 regulauon of the penod bcrween 1he dale of prernacurc «uremcnc and the date 0f remstatement and no further appeal is proposed to be fikd, lhc aforesaid pcnod shall be ,-cgulated 1r1 accordance with the direcuons of the Court. \5) Any officer or t,mployee may by g1vmg nonce, of no; less than 1hree months in wmmg 10 the Competent Authonty, reure from serv,ce afler he bas anained 1he age of fifty years. ifhc is in Class I or Class II service or poSl, and (had entered service before altaining the age of thirty five years), and m all ocher cases after he has attained lhc age of fifty-five years: Provided chat 11 shall be open 10 the Competent Authori;y to withhold pennission 10 on officer or an employee under suspension who seekr ~~ t·etire under this clause. {6) An officer or ocher employee referred to III sub-regulation (5) may nuke a request m wriung 10 the Competenl Authori;y 10 accept nocice of less than lhrec months giving reasons lhcrcfor; (7) On rece1p1 of a request under sub-regulation (6), the Competent Authonty may consider such request for the c11rtailmen1 of lhe penod of noricc of three months on merits and if 11 is satisl\cd chat lhc c-umnlment of the period of no1foc shall not cause any administrative mcouvenicncc. the CompC'k~nl Authority may relax lhc rcquuc.mcnt of noucc of three monchs on the condition that an .officer and an employee shall not apply for commutatton of a part of his pension before lhc expiry of the period of aoucc of lhree monchs. (8) An officer or ocher employee wbo bas elected to relire under this regulation and bas given lhe necessary intimation 10 thac effect 10 ~,e Compe1en1 Ambori;y, shall be precluded from withdrawing his option subsequently except wilh the spedfic approval of such Authoricy: Provided that the request for withdrawal shall be within the lntendetl date of his retirement. 39 I THE GAZETTE OF INDIA · EXTRAORDINARY iPART Ill-SEC. 4) CHAPTER-IV RECORD OF SERVICE. SENIORITY. PROMOTION AND REVf;RSION 8. Maiotenunce of record of service.- A record of sen<ice shall be maintained by the Alllbonty in respect of each officer and 01hcr employee at such place or·ptaces Md m such fom1 or manner as may be deternuued from ume lo time by the Authority. 9. Seniority of' Ol'liccrs and other employe<:s.- (1) An officer and other employee corrfinned in the sen•1ce of the Authorny shall ordrnarily rank for seruoruy m his grade according 10 his date of confirmauon m the grade (2) An ofliccr and other employee on proha11on shall ordinarily rank for seniority among the officers and other employees selected along with him in lhe same batch according 10 the ranking assigned 10 hnn at the time ol his selecuou. 10. Promotion against sanctioned post.- ( I/ All promo11ons of the officers and other employees shall be agarnst vacancies m sanctioned posts declared by lhe Autlmrity and shall be based on,- (a) mew, s111tab1!11y and seniority m cases of Class I and fl posts; (b) semomy and ment 111 cases of Class Ill and Class IV posL~: Provided thac m assessmt the sunabhhty of officers and other employees to promo11on posts, the CQmpctent Authonry shall take 11110 consideration che perfonnance of the officer or othe.r employee m I.he posl from wluch he ,s being ·prommed: Provided funhcr I.hat the Competem Au,honry may require the incumbents holding lhc post m lhe feeder g1ade 10 qualify ma departmental 1est 10 be conducted by the Auchonty for promotion to Class III post : (2) An officer and other employee shall have 10 put m a m1rumum of three yeors of service m a post before he is nom1ally cons1dcrcd for promotion to a post m the next higher grade: (3) In exceptional cases where the rmmmum number of years of service prescribed above has not been completed, au offi,cer or other employee may be promoted to tl1e next higher grade on the specific recommendauon of the Chaupl:rson 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 probauonary penod without no11ce by the Competent Authonty after recording the reasons therefoc. CRAPTERV PAY. ALLOWANCES A.ND OTHER BENEFITS 12. The admissibility of pay, allowances and other benefits.• (I) The pay. allowances and other benefits shall not be payable for a part of a month to an officer and ocher employee who leaves or dis.conrinue,s his service wuhout due notice during tbe month, unless such not1ce has been waLvcd by the Competent Authorny. (2J The pay, allowances and other benefits shall cease to accrue 10 an officer and other employee from the date.- (a) he ceases to be in service: or (b) he is dismissed. removed or compulsonly retned from tl1e service; or (c) following the day on which he dit-s, (3) Where on an appeal or a rcpresenrauon by an offic"r and otl1er employee, his removal, discharge or suspension from service is revoked afier due process. the enritlemelll to allowance and other benefits shall accrue to h1m in terms of the order of revocarion, passed by the Competent Authority. 13. Increment payable.- (1) All increment in a scale of pay shall accrue on the completion of one year's period of service Ill that scale: 0 33 70. ~ f.ml : mf~ q;i ~ 31f,.~q;1f1 .m{ aFI ~ mf~ l:RI TTraa i.;'\ -;;if.I~ 'llfcf&I f.lfiil q;-r ~ <i!"'!'TI I 11. 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I ) f1'.:(f"'1Qj <-ITTiiRfu, <t/lQ<lilfi f'li:W'lif -,ll;ql(l 'li1 J\j;«>( -~ f.$rq; ,t ...-e: -i! f-r!lf<RI ;,dn 1lFffil 3!Uli\l, -srrftf<ITT1JJ <fi <IT'l ,;zyil ii~ ;-.r,il wmi '-Ii "Wm ii < cf'T 2) f.t:if<R1qi am iiRfu ~ < cf'1 J am cf'T 4 l . ='l'r.=!ftl iiittii:filfi~ W<1 t§l-?1 QI~ si IBI( (,;,fl~ f-r!!%I -srrf'-fq;Rl <fi 3Tf~ 3it-( 3Rl <ti4illf(<il) 1i'Rf lli1<l q;r-,, s!) ~ ffi m P<iR ffi mm '-nl 3Ullm q;-r,'t <j';- IBI( <"ITQI ~~•• •~•" "'!ii "'""' ~" ~: ~ q\l 3lUll(l n1fu;r 'ii; ~ q;'l ~ ,;;i fqf-l•1'H <r,m:t ii'< "'1 ~ J!ll<i '1m 'ii~ ( "<Ill I -olUli\l 31f,1~1fuil <.ITT ofl! 2 "'cf ,.uf<4i <1i1 ~ ii) 'l1 ~ ili tj illfMl «>7 m il ~ qq "'1 '>!r'.J = ffi >t 'ITTT<t ?l,of,<jfil *- IBI( 3wn 23a8 Gl/2000-5 ~ ,nfqq;ro ( 4) ~ -srrf tf<l>{\TI 3!Ul8J ~ ~ ~,;nfqq;ro ,;nf~ ,ffitf<l',(01 I 'll«l 'f;] 'U'!!'l1l: ~ Provided that the benefit of mcremenr shall be admissible from the first day of the month in which ii accrues, 11Tespect1ve of the acrual date of its accrual. (2) The offic1a1ing service in a higher grade shall count for increments in an otlicer and other employee·, substanuve grade as well as in rhe higher grade m which he is officiating and, 1f there 1~ an inrermcd1ate grade between tl1e two m which he would have officiated !tad he not been appointed to officiate III the higher grade. also in the intc.rrnediate grade, but the period during which an officer and other employee is on leave without pay shall not count for increment unle,;s so authorised by 1he Authomy for reasons to be recc,rded in writing. ( J) The sancuon ro draw increments shall be given by the tompetent Authonty: Provided that no fncrement shall be withheld except as a disciplinary measure under these regula1i011s and each order withholding an increment shall state the period for wb,cb It ,s w1lhhetd ahd also whether the pos.rponemeni shall have the effect of postponing future increments: Provided further dm if in an mcremental scale d1ere is nn efficiency bar, an officer a,1d other Cr'nploycc shall 1101 draw mcremcnts 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 10 cross an efficiency bar wluch has previously been enforced against him, he shall be placed in the incremental scale at such stage ll$ the Competent Authority to remove lhe bar may fix: Provided also 1hat such stage shall not be higher than that at which he would draw his pay if the bar bad uot been enforced against h1m and further tha1 no increments granted on the removal of n bar shall have a rerrospecnve effect. I~. Fixation of J»Y on probation.• (1) 11,e pay of an officer ~nd other employee on appointment on probauon from one grade to another shall be mitially fixed al the minimum of the scale of the l11gher grJde an<l rhe doffcrencc between the pay so fixed nnd the substantive pay of the officer and other employee m the old scale. ,f the latter be more, w1ll be 1reated as personal pay: [2) 011 confinnanon m the higher grade, the pay of an officer and other employee shall be fixed at a stage in rhc l11gher grade which 1s next above his substantive pay in the old scale as on the date of continnauon. 1f such pay be higher than the pay drawn by him at the time of confirmation. 15. Declaration of home town.• ( l) Every officer and other empl,;,yee shall on his appointment declare his hometown m writing to the Authority. (2) The home lown so declared may be changed, only once during the service of an officer and other cmployt·t·. for reasons rec.orded m wntrng. CHAPTER VI L&AV£ AND JOINING TIME 16. Kind, ol' leave.- Suh.1ect to the prov1s1ons of these regulations, the following kinds of leave may be granted to nn officer and other employee,• (a)casual leave: (\, )earned I.eave: (c)sick leave: ( d) maternity !cave; (c)extra<il'dlltary leave: ( I) any other leave as may be specified by the Authority from ume to lltlle. 17. Gr:mt of leave.• (I) 17,c power to grant leave shal'I vest in the Competent Authority. (2) All applications for g.ram oflca"c shall be addressed to the Competent Authority before leave is sough I to be avt, 1 led (3) Leave shall not be claimed as a matter of right. (4) \Vhea 1he exigencies ofthe service so require,• (a) lhc Compete11.1 Authonty may refuse leave or revoke leave. of any kmd already granted; (b) an oflicer nnd other employee already on leave may be recalled lo duty by the Competent Au1honty. 2348 Gl/2000-6 41 I -12 THE GAZETTE OF INDIA : EXTRAORDINARY (5) Leave earned by an officer and other employee lapses on the date on which he ceases to be m 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 kmd oflcavc availed of by the omccrs and other employees, but no pay shall be admissible dur,ng extraordiiwry leave. 18. Leave address to be intimated.- An officer and oth<:r employee shall, before proceeding on leave, 1111ima1e to the Co111pcten1 Authority his address while on leave, and shall keep the said Authority 111formed of any change 1n the address p<eviously furnished. l9. Report of duty after leave.• An officer and other employee on leave shall, unless otherwise instructed to tl1e contrary, rerum for duty 10 the place at which he was last s1atioued. 20. Production Of Medical Certificate for medical leave.- ( I) The Competent Authority may require 3n officer. and ol..hcr employee. who has availed himself of leave on medical groW1ds for more 1lian five days, to produce a medical certificate of fitness 10 tl1c saLisfaction of the Competent Au,hority before he 1esumes duty even though such leave was not initially gr.mtcd oa a me(hcal certificare. (2) If the medical ccruficatc prodaccd by an officer or other employee. is not found acceptable by the Competent Authonty. it shall refer the case to the doctor approved by the Authority for advice. 21. Casual Jea,•c.- ( I) An officer and other employee sltall be eligible for casual leave upto a maximum of twelve work mg days in each calendar year: Provided Lhal no officer and other employee shall c-ake casual leave for more than five working days ul any one umc: Provided l'unhe, 1ha1 public holidays ntay 1101 be combmed with such leave JU such a way as 10 mc-rease the absence nt any nne time beyond ten days. (2) Casual leave sh,11 not he suffixed or prefixed to any other k ind of leave. (3) No casu,I leave may be availed nf, except with prior pennission of the Competent Authorily: Provickd that ir for any sufficient reason, it is not possible I-Or an otliccr and olhc.r employee to obtnm such pcm11ssion m advance. he shttH inti mate his absence to such Competent Authoncy ,vithm l'-vcnty four hours: Provu.Jed funhe,· tbat. such Competent Autl,orily may condone the delay. if any. ,n Uus behalf if he is satisfied [hat an officer and other employee was not io a posi11on to intimate his absence for reasons beyond his control. (4) \Vhcn on officer ond o!.hcr employee joins the .service of the Authority at any time during a calcm.for year. h1~ 1.·nutlcmcnt to casual leave shall be at the rate of one day per month for the period of servlcc I eniau\111g III that cale.ndar year. n. G rant of special leave.- (I) Norwnhstanding anytlung cou~,med m tl1ese regulations, the O ,a,rperson or the person authonsed by him may pernut tl1e grant of any other leave to an officer and other employee 111 special deserving cucumstances, (2) ln parttcular oud without prejudice to the generality of the foregoing power, such leave may provide t'or all or any of the followmg, namely:• \a) quaran11ne leave: \h) special lenve arising 0111 of an acc,deo1 in the course of employment; (c) lcnvc where a person 1s called IO (luty in n_auonal cause;. (d) study leave granted by t.l1e Authority in cases where the Autho.rity feels tl1at study undertaken will be in the overall interest of the Authonty, I · C [ 'li'l Ill-= 4] 23. Earned leave.- (I) 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 otller 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 1s on leave other than casual leave for a continuous penod of more than six months. (4) If on officer and other employee renders less than s,x. months of service III any calendar year. he shall be credited wi1h one day for every twelve days of duty and fractions of a day of earned leave shall be taken as foll day 1famountmg to more than half only. ( 5) llie period of earned leave, which can be taken at any one time by an officer at1d other employee, is ten months. (6) An application for gn>nl of earned leave shall nonnaUy be submitted fiftee.n 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 uccunmlated earned leave 011 the date of retirement. he may be paid • lwnpsum amount which would be equivalent to pay as defined under these regulations as on the date of his retirement.. for the unavaile<l ecaraed leave subject to maxnnum of tea months plus ull allowances 1ba1 shall normally be admissible to the officer and other employee concerned during c.arned leave 24. Encashment of corned 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 encasbment he ha~ to his credit a balance of leave which shall not be less than the leave so encashed. 25. Grant of sick leave.- (I ) During the entire period of his service, an olliccr and other employee may be i;ran1ed sick leave on medical grounds fc;,r a period or periods not exceeding eighteen months: Provided 1ha1 in the case of an officer and other employee, the producuon of a medical certificate may 1101 be necessary if sick leave to be granted does not exceed five days and the Compc1cnt Authority 11 satisfied with 1he bonafides of the rca~on for such leave. (2) Sick leave shall be on half pay: Provided that where an oJTicer and other employee has served the Authority for at least a period of three years. he may, if he so rcques~. be pennitted 10 avail himself, during the entire period of his service. of sick leave on leave pay upto a maximum period of uine months and such 1c:l'-1C on Jcavc pay ,viii 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 oilier employee prior to confirmation. (3) An officer and other employee may be granted sick leave during the first year of his service on pl"o-rala basis at the discretion of the Competent Authority. 26. M;i1crni1y leave.- (1) Maternity leave. which shall be on le~ve pay, may be granted to a female officer and other employee upto a period of ninety days on full pay al a time and not more than on.: hundrt.'C! and eighty days during the entire period of se,rvice. (2)1'cmale officers nnd other employees undergoing hysterectomy operation may also claim ma1e11111y leave fo, a period not exceeding fifteen days (mcluding stay in hospillll) within lite ove1·all ccilul.g of one hundred Wld eighty days. ( 3) TI>e C"ompetcm Authorny may grant leave of any other kind adnussible 10 the officer and other employee 111 combm~uon ,vuh. or in conlinuauon of maternity leave if che tequest for iis grant if supported by ~ proper medical cerufica1e. 43 I!!! I +I THE GAZETTE OF INDJA . EXTRAORDINARY )PART 111-SEc. ~I 27. Exu·nordinarv le:ive.- (I) Exrraordinary leave may be granted to an o0icer and other employee when oo othc:r l~vc. is due to him. (2) Except III exceptional circumsumces. the duraoon of extraordinary leave shall no1 exceed ninety days on any iinc occa~ion and three hundred ond sixty days during the c•nUJe period of an officers and other l'ntploycc-·s service, (3) The Competent Aulbority may grant cx1raord111ary leave in combina1ion with, or in continuation of leave of any other kind ndnussible 10 the officer and other employee, and may commute retrospectively period or ahscnce without le:ive- mlo extraordinary lea, 1c. (4) No pay and allnwances shall be admissible durms the period of extraordmary leave and the penod spent on such kave shall no; count for mcremcnts: PrQv1dcd lhat, in c;isei. where tbc Compctcm Authority is satisfied thal the leave was taken on account of illness or for any other cause beyond the officer and other employee's control, it may dlrccl 1hnt the period or extraordinary leavC' may count for mcrements. 28. Joinin.g time.- \1) Joinmg time may be granted to an officer and other employee to enable him to join a nc;\\' post to which he is appomtcd while on duty in his previous post. (2)Joining ttrne shall nor be granted when no change u1 the headquaners of an officer and other employee is 11vmlvcd~ (3)17,e pay and ullowanccs of an officer and other employee on JOinmg time shall be such as detennined hy the Autho1·1ry. (4)Joimng time whtch may be allowed to an officer and 01her employee shall not exceed stx days. exclusive of the numb<:r of days acrually spent on travcWng. (5) In calculaung jouuog 11me adm1ss1ble to an officer and other employee, the day on which he is relieved from his old poSI shall be excluded but public holidays following the day of lus relief shall be included m the Joimng time. (6) Where an officer and other employee 011 transfer from one place to another (no1 w11hm same c1Ly) does not riva1I of the JOtllmg: tulle or his Joining lime has been curtailed due to extgencles ol Authonty°s service. he may be allowed to a,•·ail of special leave 10 the ex1ent ofw1ava1led join mg t1me subject to :t maximum of stx days. at any time after the date of reporting at the new place but before the c<,mpleuon of a pcno<l of six moniths or such other extended period as may be ogrecd to by tl1e Compc1ern Authorny for submitrmg supplementary travelling allowance bill Ill respect of his family and personal efkcls prov,ded he bas advised the office to this effect before proceeding on transfer: Provided thar Sa1urdays or Sundays or holidays prefixed to Special Leave ,n lieu of joining time shall be excluded bu1 Saturdays or Sundays or holidays inlerveuing such special leave shall be reckoned :is special lca .. ,e. CHAPTER VII CONDUCT. DISCIPLINE AND APPEALS 29. Conduct and ubligalion of officers and other employees.- ( 1) The services of every officer and other employee shall be at lhc disposal of tbe Au1hori1y and the officer and other employee shall serve the Attthonty in Its bus111ess in such capacity and at such place or places as he may, from time to tm1c. b¢ directed. (2) Every officer and other employee shall conform to and abide by these regulatio□s and shall observe, comply w1tl1 and obe}' all orders and dirccuons which may from time to time be given 10 him by any person or persons under whose Jurisdiction, supennlendcncc or conrrol he may for lhe time being be placed. (3) Every officer and other employee shall mamtam the slnctest secrecy regarding lhc Autbonty', affairs and shall not divulge. directly or indirectly. any mformat,on of a confidential nature coming into lus possession while workint for the Autborlly to anyone, unless compelled 10 do so by judicial or other authority. or unless instmctcd 10 do so by a superior officer in the discharge of his duties. (4) Every officer and other employee shaLI serve the Authority honcs1ly and failhfully and shall use his utmost endeavor to promote the unerests of the Authority and shall show courtesy and I! ( 'lf(ll161~:~ auenuon ui all transactions and dcalmgs between the officers and other employees of other organ1sations and the Authonty. (5) No officer and other employee shall take active part in polmcs or in any political demor)stration. or stand for elccnon as a member. of a Mun.iClpal Connc11. Oisrnct Au1honty or any other Local Body or any Lcg1slauve Body while rema,mng in the service of the Authonty. (6) No officer and other employee who 1s not a ·workman· withm the mcarung of the Industrial Disputes Act. 1947 (14 of 1947) shall reson to. or m any way abet. any fonn of stnke or p3rtic1pate m any violem, unseemly or indec-ern demonstrabon in connection with any maner pertaimog to bis condmons of service or the condiUOll$ of service of any oilier officer and other employee of the Autltoruy: (7) No officer and other employee may con.tnbutc to the press, without the prior sanction of the Competent Aurhomy or without such sancuon make public or publish, any document, paper or information which may come m his knowledge m b,s official capaci1y. (8) No officer and 01her employee shall. except with !he previous sanc1ion of !he Chairperson. publish or cause to be pubhshcd any leaflet book <>T any snnilar primed mailer of which he is tl1c autl1or or deliver talk or lecture in any public mccung or otherwise: Provided that no 5llth sanction is ho..,vevcr, required. if such a broadcast or 3 contribution or a publicallon matlc by hun either tnrlividually or as a member of a professional body is of a purely lnerary, artistic, scumufie. professiooal. cultuml, educational. religious or social character. (9) No officer and 0U1er employee shall ;,ccep~ solici~ or seek any outside employment or office, whether stipendiary or honorary. without !he previous sancuon of the Chairperson. 30. Restriction on employment in certain c:ases.- '( I) Notwithstanding anytlung contained in these regula11ons, nu officer and other employee who has retired from the service of the Authority shall, wtthin a pcrwd of two yencs from the date when he finally ceases to be in the Authority's se,·vice, accept or undertake a commercial employment m any i.nsurance company except wnh the prev10us sanction in wnring of the Authority, (2) No officer and other employee sball use his position or mflucnco directly or indirectly. to secure an employment with any insurer or 1n1emtediary registered with the Authority, of any person related, whetlier by blood or mamage to the officer and other employee oc his spouse, whether such a person ,s dependent on the ofJicer and other employee or not: Provided however that where such an-t:.mployment of any persqn related to an officer and other eruployee h3s been sct,ured before the commencement of officer's a11d other employee's employment with the Amhority or has been secured by the relative on the strength of his individual rnerst. lheo tb.e restriction comamed above shall not apply. 31. Evidence bdore committee or any other autltority.- (I} Save as provided in sub-regulation (3 ), nu officer and 01her employee shall. except with the prcYious approval of the Competent Authority, g1Ve evidence LO connection wich any inquiry conduc,ed by any person, committee or aulhority. (2) Where any approval has be,,a accorded under sub-regulatton (I), no officer and olher employee giving such evidence shall criticise tlie policy or any action of the Central Govemmcnl, or a Smtc Government OT the Authority. (3) Nothing in this regulation shall apply to any evidence given,- (a) at any inqUtry before an authority appointed by the Central Government, a State Government, Par1iamcnt or a State Legislature; or (b) in any JUdic,al inquiry; or (c) at any departmental inquiry ordered by the competent authority: 32. Canvassing of uon-omclal or out-side influence.- No officer and other employee shall bnng or attempt 10 bring any political or other influence to bear upon any superior in the A11thority 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 olher employee shall undcrtnke any part time work for a private or public body or a private person. 45 I! I 46 THE GAZETTE OF INDIA : EXTRAORDINARY IP ART Ill-Sec. 4] or ru:cept any fee tbercfor. without the sancuon of the Authority which shall graot the Sl!I\Clion onty when 1t is satisfitd thar the work can be undertaken without delriment to his officiaJ duties and rcsponsibilicies: Provided that the Aucbority may, m case;; in which ic thinks fit to grant such sanction, stJpulatc rim any fees received by chc officer and other employee for undertaking the work sbaU be patd. in whole or in part, 10 the Authority. 34. Absence from station.- An officer and ocher -employee if so reqt>tred by !he Compecenl Authority, shall 1101 absem himself Crom lus station overnight withouc obtaining previous sanc1ioo of his superior 35. Acceptance of gift.- ( I) An officer and other employee shall not solicit or accept any gift or pcrm11 any member of his fomily or any person acting on his behalf to accept any gift from a person having dealings with 11te Authonty or from any subordinate officer and other employee. t-.:xplanatiou.- tor the rwrroscs of thi.s. regulation,- (•) Uic expression .. gift" shall mciude free transport, boarding, lodgmg or other service or any other pecuntary =idv~nta!;c when pcovidcd by any person other than a near relauve or a personal friend having no otlkial dealings w11h the officer and other employee; (h) a casual meal. Jin ur other social hospitality shall not be deemed to be a gift; (c) an office, a11d other employee shall avoid atccp1a1tce of 1,vish or frcquenc hospitality from any ind1v1dual or concern having officfoJ dealings with him. .. 1 (2) An officer and other employee may accept gifts from his friends bavmg no offic,al dealing with him but he shall rua~c a repon 10 the Competent Authority if the value of ,,uch gift exceeds rupees t\vo thousand, 36. f'rivare trading.- (I) No officer and other employee shall e11gage m any commercial busiuess or pursuit either on his own account or as agent for others, nor acl as an 3igeat for an fosurance compatt)' nor Sholl he be conne\;ted wuh the fomiauon or management of a Joint stock company carryin.g on insurance: or insurance related business. (2) Canvassmg by an officer and uther employee i11 support of the business of insurance agency or comnussion agency carried on or managed by a member of his family shall be deemed 10 be a breach of this regulation. 37. Speculation in stock. s-harcs, investments! etc. . . -An officer and ol11er employee sbalJ not m1de or spcc:ulme m stock. shares or securuics of a company engaged in insurance business of any description nor shall he make invesnnents wbich are likely to embarrass or mfluence him 111 1hc discharge of11is orticial 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 h15; frimily uoder a pccun.i~ry obJig3rion co u broker or ll money k.odt:J or an officer and other employee of the Authority or any person, association of persons, fmn, company or inst1niuon. whether incorpora1ed or not, having dealings with the Authority: Prol'1dcd that any loans 011 mortgage of property or on policies of mrurance raised in chc ordinary course shall 001 be prohibtted ; (b) mdut_gc in wagenng or betting or speculation .1ctivuics : (c) guarantee m his pm•ate capac11y the pecunia:ry obtigations of anolher person or agree to 1ndemmfy m such capacity a1101her person from loss except with the previous permission of the Compelenl A u1hority: Provided that an otliccr and other employee·may give to or accept from a relative or p,'rsonal 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: !! 0 Provided furlher that an officer and other employee may obtain a loan from a bank or a cooperative credit society of which he is a member or stand as surety in respect of a loan taken by another member from a cooperative credit society of which he is a member. 39. lnvestmcut .- II) No ot1icer and other employee shall, without previo1Ls approval of lhe Authomy. make or permit any member of his farruly to make any investment in any lndian insurance company or us subs1d1anes for a total amow,1 exceeding 1wen1y thousand rupees. (2) Any officer and other employc>e who buys or sells property worth rupees one lakh or above shall make a declaration to that effect ro the Authority: 40. Explanation : for the purpose of this regulauon. the word "family" includes any relative ordrnarily res,d,ng wnh or dependem on an officer ,,nd otl1er employee. Demonstration.- No officer and od1er employee shall engage or pamc,pate in any dcmonstranon which is prcJudic1:iJ to the interests of the sovereignty and integnty of lndJa. lhe sccunty of the State. friendly rel.mans with foreign States, public order. decency or morahty. or ,vluch mvolves C-Om<.·mpl of court. dcfamat:mn or incttemcnr to an offence. 41. .Joining association prejudicial to the inleTest of country.- No officer and other employee sholl JOtn, or continue 10 be a member of a.n association or body. the objects or acuvuies of which are preJudtci,l to the mterests of the sovere,gmy and mtegrity of India or public order or mornhty. -12. Subscription... J\o officer and other employee shall. except with the prcv10us sancuon of the Competent Au1honty. ask for or accc!p1 a contnblltion to or othcrw,sc associate himself wtth the 1a,srng or any funds or other collecuo11s ,n cash or in kind m pursuance of any obJecLivc whiltsot:ve(. 43. Consumption of intoJicant drinks and drugs.- ( I) .'\n officer and other employee shall stnctt;- abide by any !Jw relating co intoxicaung drinks or drugs in force in any area in which he may happen to be posted for the Lime betng. (2) It shall be the duty of the ot1iccr and other employee lo ensure that bc,- (al tukcs due care that the pcrfom1ancc of his duty is not affected m anr way by lhc mflutnce of any mtox1catmg_ dnnk or drug; (h) does not appear 111 public place m a s1a1e of intoxication; and (,·) does 1101 habir11:11ly use any intoxicating drink or drug to excess. Explanation.- For the purpose of rhis regulation, the expression .. Public Place" would include dubs I even c.xdusiv~ly meant for members where it is permissible for the members ro invm· non,mcmbcrs as gucsls), bars and reslaurants, public convc.yanccs and all 0Ll1er places ro which 1hc public hav~ or ilrc pcrrnmcd to have access, wbclhcr on payment or otherwise. 44. Oflkers and employees in debl.- An officer and other employee who is In debt shall furoisb to the Competent Au1honty • signed sr:uement of his position half-yearly 011 the 30'' September and 31" March and shall indicate in the statement the steps he is tnklog to recufy his posiuoa. An oflkcr and other employee who makes a false statement under tl1is regulation or who falls to submit I he pre,;cnbed statement or appears to be unable to liquidate his debts withtn o reasonable 1ime '" .oppltes for the prote.ction of an msolvency court shall be liable to ciismissal: F.xplanation.• For the purpose of this rcgulntiqn,• (a>An omcer nud other employee shall be deemed to be in debt ifh1s total liabilities exclusive of those which nre fully secured exceed his substamive pay for twe11ty four months: {b) An officer and other employee shall be de.emed 10 be unable 10 liqwdate lus debts w,thm a reasonable time if i1 appears. having regard to his persona] resources and unavoidable current expenses thnt he shall not cease to be in debt within a period of three years. ,, 47 I 48 THE GAZETTE OF !NOIA: EXTRAORDINARY (PART lll-S£c. 4] 45. Submission of returns of movable, immovable and valuable properties.- ( 1) Every officer or other cmpl<lyce sha 11 on his first appomonent to any service or pos1 in the Authority submit a retum of his assets and liabilities m such fom1 as may be spcc,ficd by the Authority giving the full particulars regarding• (a) the immovable property inherited by him, or owned or acquired by hint or held by him on lease or mortgage, either m lus own name or m the name of any member of his family or m the name of any other person: (bl shares, debentures and cash mcludmg bank deposits foherited by bun or similarly owned, acquued. or held by him; (c) other movable property mhcntcd by him or similarly owned, acqu1ted or held by him; and (di debts anJ other liabilities incurred by him directly or indirectly. (2) F.vcry oflicer or 01her employee belonging 10 any grade shall submit an annual return ,a such form as may he specified by 1he Authonty giving full derails regarding 1he immovable property mherited by l11nt 01 owned or acquired by him or hdd by him on lease or mortgage either in his own name or m the name of any member <>f his family; {3) No officer or miter employee cxcep1 with the previous knowledge of the Authonty, acqwre or dispo,e of ~ny inunovabk property hy lease, mor1gage, purchase, sale. gifl or otherwise either in his own uante or in the numt of any member ofh1s family: l'1ovided tha1 the previous sanction of Uie Authority shall be obtamed by the ofticer or 01her employee if any such tnmsacuon is with Lhc person or an Indian insurance company havmg official dealings with hm,. ( 4 l Where 1he officer or other employee enters mto a rransacuon m respect of movable property e,ther 111 his own name or in 1he 11a01e of the member <>f the family. he shall. w11lun sixty days from the dale of such tnmsaclion report Lhc sacrte '° the Authonty. 46. Rest ritrions in relation to acquisition and disposal of immo,·able properly outside India and transac1ion~ with foreigners etc.- Notwuhstanding onythmg co111a111ed in sub-rcgulauon (3) of n:gulnt10u 45. no officer ~1nd other employee. except wuh the previous sanct10n of the Authonty- (a.) :icquirc, by purchase. mc:mgage, lease. gift or otherwise. either in his o,"n name or in the namt of =iny mcmbt'r of his ram1ly. anv unmovable property situated ou~1de India; (h) dispose of. b)' ;ale. mortgage. gift or otherwise or gram any lease m respect of any immovable property smm1cd outsid1,;, India which was acquired or i.s held by him enher in lus own name or in lhe name or any mc.mber ofh1s farrnty: {c-} :::nte1 uuo any trnusacuon w11h ::my foreigner, forc1gn Uovemmepc, foreign orgamsaoon or concern- lt} lbr Lhe acqu1~1t1on. by purchase, mortgage. lease, gift or othcrwisi:, either in his own name or m the nlme uf ~ny member of his l'aouly. or :iny immovable property; ( 11} for the disposal of, by sale, mortgage. g1ft or otherwise, or <he gram of nny lease m respect of aoy immovable prop<:rty which was acquired or 1s held by h1.m either in his own name or 111 the name of any m<:mbcr oflus family. 47. R~.<iriction reg:irdfng Mnrria!(e.• (I) No officer ::tod oilier employee shall enter into. or contract, a marriage ,v1th n person having a s.pou.sc hvu1g; and (2) No oflict;r and other employee havmg a spouse living-, shall enrer mto. or coot.tact, a mo.rriage w1th any person: Provided 1hat the Authorny may permit an officer and other cmployc!e to enter inlo. ur ~on1ract, any such marnagc as ,s rd,med tom sub-1egula11on( I) or sub-rcgulauon(2), if it is satisfied lhat- (a) such mamage is penmssible under the persona.I law applicable ,o such an officer nod 01hcr cmployi:c and 1ht 01her party to the ma1Tiage; and (b > then; arc 01ht:r grounds for so doing. ( 3) ,\ n officer and od,er employee who has married or marries a person other than of Indian nauooality. shall inumat~ tht 1acl rn the AuthorHy ♦ !! 0 C 48. Suspension.- (I) The Competent Authority or any authority to which ,t is subordinate by general or spcciol order may place an officer ond other employee under suspension- {a) where a d1sc1plinnry proceedrng against !um i, contemplated or is pending. or {bl where. L□ the opinion of the nforesaid At11honty. he has engaged himself m ac11vtties preJ\tdtci:il to th<' interest of the Authoruy or 1nterei::ts C'lf hol<lt:1.S of insurance policies or msurnncc industry~ 01 (c) where a case agamsl h1m m respect of ::ioy cl'irninal ,)ff enc~ is under mvcsugauon. inquuy or triaJ. (2 l An officer ~nd other employee shall be ,leemed to ha"c been placed under suspcosiou by an order of Comperent Authonty (al with effect from tl,e date of hJS detention, if he is detained in police cu~tody. whether on triminal charge or otherw,se. torn period c'<cccding forty~eight hours: (b} with effect from ,he dat~ uf l11s conv1ction, H: in the t'.·ent of a con\'iction for an utlC1,~c. he as s~ntcnced l<l a term of ul'l:pnsonmt'nt exceeding forty.cigln hours: and is n<>t fonhwuh dis.missed or removed or compulsorily retli'l.!d co11s.C4u«.'nl to such conviction. Explanation.- T11e pcnod of fo, ty-e,ght hours referred to in clause (bl or this sub-regulati()t\ shall be ..::omputcd from the commcnccinent of lhe unpnsonment afkr the conviction and for this purpose, 111tcrnutt<!nt ptnod.s <>f in1prisonmcnt. tf nny. shall bi: taken rnto account. (.') Where ::t penalty or d1snussa1. rtmov:i1 or comrulsory rerircment from service imposed upon nn officer and other employ<!<.' undt1 s.uspcnMon !S set aside in appcttl or revtcw under these rcgulauons and We case 1s remmed fo1 fu11li<.·r m,1uiry or atuon or with any other ducctions, the order of his suspension sha11 be dt:emed 10 have co1\tt.nucd 1n force, on and from the cl3.tc of original order of dismissal or compulsory reurcment aud shall rcinam m force unul furLher ordl'rs. f4) \Vhere a penalty of d1snussal. rcmo\'al or compulsory retirement from scn,cc imposed upon an offtce-r or other employee ,s set ns1de or declared or r~ndered void m ~onsequencc of or by a dcdsmn of a Court of Law and lhc d1sc1phnr.i1 y outhomy. on o cons1deraoon of the c1rcumstanccs o( the case. decides to bold a furd1cr mqull',•' s,;0111s1 ham 011 th.e allegattons 011 which 1hc pennlty or d1sm1ssal, removal or compulsory retm."'"!l1c-1,~ was onginaily imposed, 1hc officer or other employee shall be .:teemed to have- been pl;lCcd u11jc1 :~1spens1on by the competent authority from the da1e of the ong,mal order ot disn11ssal. remova, ::--r compulsory retuemcm and shall conunue to rem:un under suspension w111I further orders: Provided that no such fi..i!"ih~·r mquiry shall be ordered unless n is intended to meet a smumon where the Court has passt:d an order pi:•:::, rn; techmcal grounds ,vnhout gomg mto the merus of the case. (5) (o) An 01der ofsusp-::w,•on made or deemed to have been made under this regulation shall commue to 1i.::maul 1n fan.:~ unlil i; l:i m,,.1,ficd or revoked by the Compctem Authority. (b) Where an officer ar m:•er employee is suspended or ts deemed to have been suspended \ whether m connection with uuy l;•-;._ •olmary prnccc.·dmg or otherwise). and any other ciisc1plinary proceed mg 1s commenced against hiu. <-"·1.,u tht:: c.ontmuaac:c of that suspcmaon. the Compe1ent Atuhonty to place lum un<ler Sl>Spe,1Mo·1 :·\(l}'. for reasons to bt: rccordc.-d by him m wntmg, dlrctt that the officer or o,her cmplQyec shnll coo:•.'ue " ' be unde, rnspens,on 1111111 1he tcrmrnatiou of all or any of such procecdmgs (t) A1! -.>rder or ~.spen.,:on n,;1de or deemed ro ha\1e been made under th,s rcgulauon may at aay ume be modified or re, ~kcd b) 1hc authonty which made or 1s deemed 10 have made 1he order or by any othe1· amhor11y to· . '11ch 1hat Juthonty is subordinate. 49. renallie.,.- The following penolucs may. for good and suflicicnt reasons and as hereinafter provided. be 1mp4 --d on an \'lffic"r and oihc:r cmploy~e, na.mdy · {a) Mmorpmalt•cs bemg- (i) censure; ( ii)w11hhold1rtg or his promotion; (1ii)recovery from has pay of the whole or part oi any pecuniary loss caused by him to the Authomy by negligence or breach of orders; (iv) reduction 10 a lower stage 111 the 111ne-scale of pay for a period no1 cxceedmg three years, withoul cumulative effect and not adversely affecting his pension, ( v) wlt.hholdlllg of increments of pay. (b) Maier penalties being - (i) save as provided for in s11b-clause (av) of clause {a). ,·eduction 10 a lowor stage in lhc timc-s,;ale of pay for a specified period, with funher direc,ions as to whether or nol the officer and other employee 2348 Gli2000-7 49 !!!!!! I 50 THE GAZETTE OF lNDIA : EXTRAORDINARY [PART lll-Sf.C. 4] shall earn incren1encs of pay during the period of such reducLion and whether on the expiry of such period. the 1·educ1ion shall or shall not have the effect of pos1poou1g the future increments of his 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 tune-scale of pay, grade, post or service from which he was reduced, ,Vith or without further direct1ons regarding conditions of rcs{oration to tbe gtade or p<.>St or service from which the officer and otber employee was reduced and !us seniority and pay on such restoration to lhat grade. post or service~ (iii) compulsory re11rement: (iv) removal from service which shall not t,., a d1squalilica1ioo for funire employment: (v) dismissal from service which shall or<linarily be a disqualilicatton for future employment: Provided that. in every c,.se m which the charge of acceptance from any person of any gratificat1on. other than legal remuneration, as a motive or reward for doing or forbearmg 10 do any otlicial act is established. the penalty mentioned in sub-clause (1v) or (v) of clause (b} shall be imposed. ProvLded further 1ha1 in any cxcepuonal case and for special reasons recorded m writmg, any other penalty may be imposed. Explanation.• The followrng shall not amoun1 to a penalty within the mcnrung of tb,s regulation, namely:• (i) wtthholdmg of iucremem of an orticer or other employee for his l'a,lure to pass any departmental l'xamination m accordance with the regulations or orders govemmg the service to which he belongs or post which he bolds or the terms of his appomnnent: (1i) stoppage of an officer and other employee al the Eflit-icncy Bar io tlie time-scale of pay on the growtd of his unfitness to cross the Bar: (in! non-promonon of an officer and other employee. whether in a substantive or offic,aung capacity, after considerauon ofh1s case, to a service. grade or posl for promouon to which he 1s chg,ble: (iv) reversion of an officer and other employee officiatmg 10 a higher service, grade or post, on the ground tbat he 1s considered 10 be wisuitabk for such lugber service, grade or post or on any adnunistranve ground unconnected with his conduct; ( vJ reversion of an o!licer and 01her employee appomte,d oo probation to any other service. g,adc or post. to Ills permanem service. grade or post dunng or at the end of the period of probation in accordance ";th the terms of his appomtrncnt or the regulauons and orders governing such probation; (v1J replacement of the services of an officer aud otl1er employee, whose services had been borrowed from any organisation. Government, etc : at the end of the tem1 of dcputauon; (vii) compulsory reurement of an ofliccr aad other employee m accordance with tl1e provisions rdaung to his superannuation or retirement; (viii) tem1ination of rhe services. (a) of aa officer and 01ber employee appoulted on probauon, dnnng or at the end of the period of his probation. m accordance wuh the terms of his appointme.nl or the regularions and orders governing such probauon. or (b) of an officer and other cmploye.c, employed under an agreement. in accordance with the terms of such agreement. SO. 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-regulaaon ( I), any of the penalties specified in rcgula11on 49 may be imposed on an officer and other employee by Compereat Authority or any authonly to which It is subordin.alc. Sl. Authority to institute proceedfogs.- The Chaupcrson or any other authority empowered by him by general or special order may - (a] msmute disciplinary proceedings against any oflicer and otber employee; (b) direct a disciplinary authority to institute disciplinary proceedings against any officer or other employee on whom that disciplinary authority is competent 10 impose under these rq,'lllatioas any of ~,e penalties specified in regulatioa 49: I 0 52. P rocedu re for imposing major penalties .. (1) No order imposing any of the penalues 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 tlie manner provided io this regulation and regulation 53: (2) Whenever the disciplinary autl1ority is of the opinion that there are grounds for mqumng into the truth of any imputauon of misconduct or misbehavior againsl an officer and other employee. ii may itself inquire into. or appoint under rhis regulation, an authority to inquire into the truth tl1ereof. Explanation.- Where tJ,c disciplinary authority itself holds the inquiry, any reference in regulation 49 10 regulation 65 to the 111q111nng authority shall be construed as a reference to the disciplinary authority. (3) Where it is proposed 10 hold an inquiry agams1 an officer and other employee under this regula1ion. 1he disciplinary authoruy shall draw up or cause a case to be drawn up containing- (•) the suhstancc of 1he lmpu1arions of misconduct or misbehavior mto definite and distinct arltcles of charge; (it} a statement of the impulations of m1sco11duct or misbehaviour Ill support of each arllck of charge. which shall coma1n - (a) a statement of all relevant facrs including any admission or confe.ssion made by the otlicer and 01hcr employee: (b) a list of documents by which, and a list or witnesses by whom, !he anicles of charge are proJ><>scd to b(' sustained. ( 4) The rliscipHnary au thorny shall deliver or cM1se to be dehvercd u, the otlicer and 01her employee a <:C'lpy of the arhdcs or charge. the starcmeol of the i.tnputations of misconduct or misbehavmur and a hst of documents and "'"wesses by which each arc-icle or charge 1s proposed to be susramcd and shall require the officer and other employee to submit, within such nme as may be specified, a wnnen i;:1atcmcnt of his defence nnd state'.: \Vhether he desires to.be heard in person (5) (a) On rcceipl of the wnucn sta1emem of de.fence, 1he disc1plulary authori1y may useif inqmre into such of I.he arlicles of ch::irgc as are not admtned, or, if it considers 1t necessary to do so. appoint \lndcr sub-regulation (2). an inquiring autbol'ity for the purpose, and where all the orticlcs of charge have been admiucd by the officer and othei· employee .in his written statement of defe1\ce. the d1sc1phnary au1hor11y shall record Its lindings on each charge after raking such evidence as ll may thmk fit and shall act m the l'nanner 1:iid dow·n m res11la11on 53. {b) If no wrnten s1111e111tnt of defence ,s submitted by 1he officer and otber employee, the d1sc1plmary auth(u'ity may itself mqutre IIHO the articles of charge. or may, 1f 11 conslders it necessary lo do so, appoint, under sub-regula11on (2) above. an ntqmnng authority for the purpose. (cl Where the disciplinary au1horny Itself mqu ires in10 nny amcle of charge or apponllS an inquiring a111honty fo1 holding any inquiry 11110 such charge. ii may. by an order, appoin1 an officer of the Authority or a lega1 practiuoncr. to be known as the 'Presenting Officer' to presenl on its behalf the case in suppou of 1hc ankles of cha1g.l!. (6) ·n,c disciplinary authority shall. where 1t 1s not the rnqumng authonty, lorward to the mquiring t1utbonly- {i) a copy of the a111cles of charge and 1he statement of the u11pu1auons of misconducl or m,sbeh-av1our: (iii a copy of the wnnen sta1c111cnr of tl1e defence, if any. submmei.l by the officer or other employee: (iii) a copy of 1he srntemems of ,vatnesses. 1f any, referred to in .sub-regulation {3) above: (1v) evidence ptov111g the dchvery of 1he documents retcrred 10 in sub-regulation (3) above, to the offlc~r or' oiher employee: and (v) a copy of the order appoinung the .. Presenting Otlicer". (7) 111c otiiccr and other employee shall appear In person before the inquiring aulhonty on such day and a, such ume w11hin len workmg days fro111 the da1e of receipt by the inquiring authority of tl1e a,1icles or charge and rite sta1emcn1 of the unpu,ations of misconduc1 or misbehaviour. as !he inquiring authority may, by notice in ,vr11ing. specify. in lhis l)ehalf, or fllhut such further time. not exceeding teJ1 days. as 1he mquirin_g authoruy may allow. (8) \a) !'he officer or olhcr employee may take lhc assistance of any other officer or other employee posted in any office eitlter al his headquar1crs or at lhe place where the inquiry Is h.eld. to present the case on his behalf. but may nol engage a legal practi1ioncr for tl1c purpose, unless the Presenting Officer :tppomlcd by the disciplinary nuthot'1ly 1s a legal practitioner, or. lhe disciplinary authority. havmg regard to the circumst::inccs ot tht.· case. $"0 pennits; 51 !!!!! I 52 - ----- THE GAZETTE OF INDIA · EXTRAORDINARY tPAR'T III-Sile. 4] Provided that the officer or other employee may take the assistance of any other officer and other employee posted a, ony 0U1cr s1alion, if the inquiring authority having regard to the circumstances of the case, and for reasons t(} be recorded in writing so pennitS ; (b) 11le officer and 01hcr employee may also lake the ai~istancc of a rewed officer or other employee of the Authority tc.> present the case on his behalf, subject 10 such conditions as may be specified by the Chairperson from time to tinie by general or special order in this behalf. (9) If the (}fticcr and other employee, who has nol admined any of!hc articles of charge in his wrmen s1alement of defence or has not submiucd any written statemenl of dcfrncc. appears before the inquiring au1honty. such a111honty shall ask him whether he is guilty or has any defence lo make and if he pleads guilty 10 any of 1he arricles of charge, the inquiring authority shall record the plea. sign the record and obtain lbc sii;narure of 1hc officer and otller employee thereon. ( 10) The inquirini; aul11oriry shall return a findmg of guilty in respect of 1hose amcles of charge to which 1hc officer and or other employee pleads guilty. ( I I) The inqwring au1horny shall, if the ofl'ie<r and or other employee fails LO appear wnluo 1he specified a.me or refuses or omits to plead, rcqmrc::: the Presenting Officer to produce the! ev1dence by which he proposes 10 prove the articles of charge, and shall adjourn lhe case to a la1er date not exceeding 1hirty days, oflcr record'-"& an order that the officer and employee may. for the purpose of preparing his defcnc< - (i) inspect withm five days of 1he order or wnhln such further rime 1101 exceedmg five days as the mquiring amhority may allow. 1he documents spee,l:icd in tl1e list referred 10 m sub-re,gulauon (3): (ii) submit a hs1 of wi1nesses to be examined on h,s behalf: (iii) give a 11011ce wi1hm ten clays of 1hc order or within such further tune not exceeding ten days as the inqumn,g autho11ty may allow. for the discovery or production of any documents which arc m r.hc possession of the Authon1y hu1 not mentioned lll the hs1 reform! to in sub-regulanon ( 3). t 12\ The mqmruig m1thor11y shall. on receipt of 1he notice for the discovery or production of documents. for\l.:ard the :,;;amc or copies thereof to lhe amhonty in whose custody or posses.s1on the documents arc kept, wi1h • rcqu1so11on for Ute production of the docume111s by such date a., may be spec,fied ul Stlch rcqtw.ition: Provided lhat the 11u.1u1rmg au1honl)' may. for reasons m· be recorded by ll m wn11ng. refuse to rcqu1s1t1on such of the documents ns nrc. m 11s 0plill0ll. not relevant l(> the case. ( 13) On receipt of 1he requ1s11ion referred 10 111 sub-regulorion ( 12), every au1hority having the custody or possession or the rt!quis1noned documents shaU produce ihe same before tht 1nqu1ring o.utbority; Prov1ded that if {he ~luthonty hnvmg. the- custody or possc.ss1on of the req\lismoned documents is snusli<!d for rea!'ions to be recorded by 11 in wrinng that the producuon of all or any of such docwncn~s would be ag-amst 1he pubhc m1eres1 or secumy of 1he Slotc, H shall inform the i11qumng outhonty accv1tlin~dy and 1he mqumn!! authotll)' shall. on b-eing so mformc<l. conununic:-He 1be iofonn:mon to the oftker and other ernployct ,md withdraw the re-qms1t1on made by 1t for the producuon or discovery of documents. ( 14) On the date 11xed for 1he 111qmry. I a) the oi rd and documenrnry evidence, by which 1hc anicles of chnrge arc proposed 10 he proved. shall be piod11c"d by or on behalf or the disc,plmary arnhority: (bl the wnnesses shall b..: cxummcd hy or on behalf of the Presenring Otlice.r and may b1; Cl'0ss-cxmmncd t,y 0r on behalf or 1hc lll'l1t·cr a11d v1lm c111plovee; (c) 1he Prcscnun~ Officer shall be entitled to re- t:\nm1m· 1hc w11ncss1.::, on .i 11y po111ts \m which they have bc.·cn cross-exammed. but nol Qn any new mollltr, without ih~· lcav~ of rhe inqwring :ml11onty; (<l) 1h1.~ inquinng nmhority may also pul such tjUCMlOH~ lo lht w11m .. -ssi:s i1S H thinks fiL ( I ' I (.ii II" 11 shall Jj)pea, 11ecessary before 1hc clo," of the case on behalf of the disciphnary authorny, thl"' 111qu111og authorny m::iy. m 1b cliscn:11011. allow che Presl!nling O fliccr lo product cvidcn~(! rtot 111L'.lu,lcd in thi: hs1 g1vc11 to thr offkcr ,ind uthc1 employee or mny ilSclf call for ne\i, cvu.Jcnct 0l' recall and n:-..:~amjnc any w1111e,;!- aml Ill l'.)UCh c-a!>e the ofti,er and olhl~r L"mployc<: shall be emit led to have. if hL· di:mand~ 1L a l'OP)' ot' 1h!! h.;t ell funhcr cv1dcncc proposed to b..: produced aod an adJoumment oftht" llll(\111)' t'nr 1hrei.! dcn1 ,fay,;, hcforc tbK: ,production of such new evidence. exclusive of the d:iy of ,u.iJournn-icn1 and the day It) whicll the mquuy I'> adjourned (h} n 1c inquinug mithortl}' -.hall give the oniccr and othtr employee an oppc,inuniry of inspecting ")ud1 docum<:111~ hcfnrc 1hey an: 1-akcn ll.O tht' record. I (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 io !he interests of justice. ( 16) (a) When the case for the disciplinary authority is closed, the officer and oilier employee shall be requued lO state his defence, orally or in writing_,. JlS he may prefer. (b) If the defonee 1s made orally, ii 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 of1hc oflicer and other employee shall then be produced. (b) The officer and oU,cr employee may examine himself in his own behalf ifhe so prefers. (c) lbe witnesses produced by the officer and other employee shall then be examined and shall be liable to cross•examination~ rc---cxamination 3nd examination by the inquiring authority according to the provL~ions applicable to. the witnesses for the disciplinary authority. ( 18) The inquiru1g authority may, ofter U1e ollicer ana other employee closes his case, and shall, if the officer and other employee bas not examined l:wnself. generally question rum on the circumstances appearing againS1 him in the evtdenee for the purpose of enabling 1b.e officer and other employee to explain any circumstances appearing 111 u,e ev,deJJce against him. ( 19) The rnquinng au1hori1y may, after 1he completion of the production of evidence, hear 1he Preseutlllg Office~. if any, appoimecl and the officer and other employee, or pennit them to file written briefs of their respective case, if they so desire. (20) If the officer ancl other employee to whom a copy of the articles of charge has been delivered, does not subU1.Lt the wmten statement of defence on or before the date specified for the purpose or does not appear ln person before ohe inquiring authonty or otherwise fails or refuses 10 comply with the p1ovisions ofthi.s regula1ion. the mquiring authority may hold the mqulry. (21) (a) Whc,c a disciplinary oulhonty competent 10 impose any of the peualucs specified in sub- clausos (i) to (iv) of clause (a) of regulauou 49 but not competent to impose any of the penalues sp<:cifierl in sub,regulaLLons (i) to (vJ of clause (b) regula11on 49, has 11sclf inquired into or caused 10 be inquired mlo the art,dcs of any cl>argc and 1ha1 authoticy, having regard 10 11s own fmdmgs or havmg regard 10 11s dcc,s,on on any of the fmduigs of any lnquirrng authority appoimed by ,1, is of the opinion that the penalties specified in sub-regula1ions (i) to (v) of clause (b) of regulation 49 should be imposed on the officer a11d other employee. that a111hor,1y shall forward U1e records of the inquiry to such d,sc1phnary authority as 1s competen1 to ,mpose the last mentioned penalties. (b) The disciplinary au1honty 10 which the records are so forwarded may ac1 on the endcnce on the , ecord: 1f ll is of the op1mon that funher exammation of any of the witnesses 1s necessary io the interests of .1ustice. recall the w1mcsses :ind examme. cross~cxammc and re--ex3nune th~ witnesses and may lmpose on tJ1e officer and other employee such penalty as it may deem fit m accordance with these regu1auons (22) Whenever any inqumng authority, after havmg hca!d and recorded the whole or any par! of the evidence m dfl mqmry ceases 10 exercise 1unsd1ct1on there10, and 1s s1,.1cceeded by another inqumng authonty wh1th has. and wluch exercises. sue!, JUt1sdic1ion. the i11qumug aurhoncy so succeeding may act on 1he evidence so recorded by 11s predecessor. or parily recorded by ,ts predecessor and partly cecorded by 11self: Provided that 1f the succccdmg mqu1ry authority 1s of Lhe opmlon lb.at furtb:.:r exammauon of any of the- wnm:sscs whose evidence has already b1.:l.'"n recorded 1s necessary m the Ulterests of JUsuce. it may recall. examine, cro.ss.cxammc and n:~cxamirn: any such witnesses as hercinbefore provided, (B) (i) After tho conclusion of the mqu1ry. a rep-ort shall be prepared and it shall contain- (•) the articles of charge and tbe s1a1emen1 of 1he imputations of misconducr or misbehaviour; (b) the defence of the officer and other employee in respect of each of anicle of charge; {c) an assessrnent of rhe evidence m respect of each ::irticle of charge; ( rl) the findings on each article of charge and reasons therefor. 1£xplmrn1io11.- If in rhe opinion of the inquiring authority the proceedings t1f ,he inquiry C$tablish 311y .:inide or tharge different from 1hc origmal ::irriclcs of chargc1 iL may record us findings on such article of charge: 53 I!!!!! I THE GAZETTE OF IN0IA , EXTRAORDINARY I PAf<T 111 SEC. 4] Provided that the Jinclings on ;uch arttck of charge shall not be recorded unJc.ss the officer and other employee hos c11hor admmed the facts on which such article of charge is based or has had a reasonoblc opporronny of defending himself agn,ost such anicle of charge. (n) 17,e inqumng nuthorny. where tr ,s not itself the disciplinary authonty, shall forward to the d1,c1plinory authority 1he record; ot inqmry which shall mclude- (a) 1hc report prepared by ii under clause (i): (b) the wrmen srntemenc or defence. ,f any, subm11ted by the officer and or other employee: (c) the oral ancl documentary evtdcnce produced in the course of the mq,11.ry: (d) wnllen hnefs. lf nny, tiled by the Presenung Officer or the officer and other employee or both during the coursL" t)l the i11qmry: and (c) the ()rdcrs. 1fany. m,1de by u,e disciplinary authonty and the mquinng authority in regard to 1hc mquuy. 53, Actio11 on the inquiry report.- \ l) The disciplinary authority, ,f 11 1s not 11self the inquiriJ1g authority may, for rea:.ons to be 1ecordcd by it in wn ttug, remll the c.ase lO the mqu1nng authoiity for further mquiry and report an<l the 111qmnng authonly shall thereupon proceed to hold the further mquiry according to the provisions of rt!'gulnuon 52 as rar as may be. (2) ·11ie disciplinary autho111y shall forward or cau.sc to be forwarded a copy of the report <>f tbe 111qulry. if any, htld by the disciplin.>ry amh-Onty or where the d1sc1plu1ary authority is nol the inqwring authority a copy of the repon or u,e mquiring authority to the onlcer and other employee who shall be required to S\lbmit. 1f he so desires. his written riepresentauon or submission to the disciplinary authority wathm fi ftee,n days. LI"re•\pcctJve ofwheth<:r the report 1s favourable or not to the o(ticer and orher i:mployee. (.I} The d,sciplinnry amhorny shall ~onstder the representauon, 1f any, submllted by the officer and mhcr employee before proc·eedmg further m the manner specified m sub-regulauons (4) to (6). \4) The disciplinary authOtll)' shall. 1f 1t disagrees w,th the findmgs of tht inquiring autl1ority on any article of charge. record 11s reasons tor such disagreement and rcc.ord its own findings: on such charge if the evidence record is sufficient for lhe purpose. ( 5) If 1hc disciplinary 0111honty. havmg regard to 1ts findings oa all or any of the amcles of charge, ,s of the opm,on that any of the penalties specified in sub-clauses (i) to (v) of c.lause (a) regulation 49 <h<1uld be imposed on 1hc officer and other en1ployee, it shall, norwitlls1anding anythmg contained in rcgulu11on 54. make an orde1 imposing. such pcnal1y. ((>) lflh¢ tlisciplmary authotuy havmg regard to 11s findings on all or ally of the amclcs of charge and on 1he basis of 1he c"1dence adduced dunng the inquiry is of the opiruon thot any of the penalues specified in sub-clauses (1) to (vi or clause (b) of re,gula1ion 49 sltould be imposed on 1he officer and u1her employee. 11 shall make an order 1mpostng such penalty and it shall not be necessary 10 give1nc llfficer and other employee any opportunity of makulg representation on the penalty proposed to be imposed: 54. Procedure for imposing minor penal!)'.- (I) Subjecl t<> the provisions of sub-regulation (5\ of rc_gulauon 53. no order 1mposmg oa an omccr and other employee any of the penalties specified 111 sub-cla11se (1) to \VI of clause \a) rcgulat1on 49 shall be made except after - (a) tnformin1a1 tho, officer and other employee ,n wriung of the proposal 10 take action ag&mst him and uf the 1n"1p11t:ilion~ of m1scon.duct or nusbehav1our on whfoh it is proposed lO be taken, and giving lum 1easonable opportumty ofmakmg such rcpresemanon as he may wish to make against the proposal; , (bl holding an mqu1ry in 1he manner laiu down in sub-regulations (3) lo l23) of regulation 52, m every case m which the discipltaary al1th<)nty 1s '1f the opinion that such inquiry 1s necessary: ft) wkmg the reprcscntauon. ,r any. s11bmi1ted by the officer and other employee under clause (a) and the record of mqun-y. 1f ony hdcl unrlcr clause (b) into consideration; (d) recording a finding on each 1mpmauon of misconduct or m1sbehav1our. (2) Notwithstanding anythmg contumcd ,u d ouse (b) ofsub-regubt,on ( I), if in a case 1t 1s proposed after cons,denng !he represcnta1ton. ,fany. made by the officer and other employee under clause (a) of that sub-regulation. 10 withhold incmnents or pay and such withholding of mcrements ,s likely 10 affttt adversely the amount of pension payable 10 the officer and other employee or IO wi1hhold mcrcmems of p..iy for a penod exceeding three yea-rs or to withhold u1cremeots of pay With cumu]auve effect for any period. an inquiry shall be held In the manner laid down m sub-regulauons (3) to (23) of regulation 52, before makmg any'ordcr imposing on lhe office, and other employee ,ny such penalty. I!!!! I 'll"(ll <Iii ~ : ol"lW-m:"l ( 3) The record or the proceoc.hngs ll\ such coses shal I include - (i) a copy or the mt1mat1on 10 the officer ond other employee of the proposal to take action agamst hun: ( ti} :i copy of Lhc stal<:mcnl of 1.mputat1ons or m1sconduc1 or mLsbehav1our delivered to h.Jm; ( ,il} his represcntcnion. 1f any: (1v) 1he evidence produced durrng tbe inquiry: ( v) the llndings on each imputation of misconduct or misbehaviour~ and (vi) the orders on the. case together with the reasons rherefor~ 55. Communication of Orders.- Orders made by 1l1e disc1plina,y authority sholl be commumcated m the officer and other employee who shall also be supplied w11h a copy of its finding on each amcle of ch(lrge. or where the dlst1phnary outhomy 1s not the inqu1ntlg aulhority, a statemcnl of the findings of the disc1phnary au1hon1y together with bnef reasons for us d,sagreemen~ if any. w11h the fmdings of the 1nquinng authorn:y and reasons for non-acccp[ancc. 5~. Common Proccedlngs.• f I) \Vhere rwo or more ulTicers and other cmpioyees are concerned in any case, the Chairperson or any other awhonty competent to impose lhc penalty of dismissal from .service on :ill such offlcers anct 01hcr employees rnay make ;m order duecl.btg 1ba1 disciplinary acuon agamst all of them ,nay be mken mu common p1oceed1.0g, f2) Sub1ec110 the prov1s10111; of rcg.ulauoo 50, any sue!, order shall spec1fy- (1) the au1honty wluch may fouct,on as !he disciplmary authority for 1he purpose of such common proceeding: (n) the penalties specified m regulo1ion 49 which such disciphnary authority shall be competent to 1rnpose: (111) whether the procedure laid down m regulation 52. regulanon 53 and regulation 54 shall be followed m the proceeding. 57. Special procedure in certain cases.- Notwubstondmg anylhing comnmed in regulatioas 52 10 regulation 56- (i) where auy penalty is imposed on an officer and other employee on the ground of misconduct which h.as 1ed lo Ins convict1on on a cnmmai charge; or (11) whc« the disciplinary authority is sa1isfied for reasons to be recorded by II m wrmng that it is not reasonably practicable lo hold an mqu1ry m the manner provided in these rcgulauons, or (ni) \\•here the Chairperson is sausfied that in the interest of the security-of the Suite, it is not expedient to hold any 1114u11y 111 the monncr prov-ided in these regulations, the disc,plinary oulhority may consider the circumsta11ces of the case and make such orders thereon as 11 deems fit: Provided 1hot the officer a.nd or other employee may be given an oppornmity of makmg representation on the penolty proposed to be imposed before any order is made in a case under clause (i): 58. Orders agoinst which :,ppea.l lies.- An officer and other employee ,nay prefer an appeal against all or any of the following orders, 11amcly,- (i) an order of suspension mndc or deemed to have been made undc.r reguJauon 48; (1i) an order imposing any of the pcr.::;tics specified in regulation 49 whether made hy thc'disciplinary authority or by any appellate or ( rcvi,·wing) aurhoriry: (iii) an order enhancing any penalty. imposed under regulation 49; (iv) an order whidt- {•) denies er varies to his disadvantage his pay, allowances, or other cond11ions of service: or (b) interprets to his disadvantage the provi~ic:ms of auy such regulation or agreement: or (v) anorder- . (a) stopping him 01 the efficiency har in u,c nmc•scale of pay on the ground of h1s unfitness to cross the l:>ar: (b) reverting him while officiating in a higher service~ grade or post, otherwise than as a penalty: 55 I 56 THE GAZETTE OF INDIA : EXTRAORDINARY (C) reducing or wnhholdmg the pension or d.;nyuJS the maxmmm pension admissible to him under the regulauons; (cl) detenmmng the subststcncc and other allowances 10 he paid 10 him for tbt penod of suspension or fo1· tbe penod durmg winch be 1s dt-1.~m~ to be under $USpension o for any portion 1hereof: (<:) derermmmg lus pay and allowance - (1) for the pcnocl ofS\ISpens1on. or (i,) lo, 1he penod from the date ofh,s dismissal, removal or compulsory retirement from semce, or from the d~te of his reducuon of a lower service. grade. post, time-scale or stage 10 a time-scale of pay. tu 1hc date of his remst:itcmcnt or n:storatton 10 his service. _grnde nr post: or (I) detemunmg whether c:,r not Ll1e pcno<l from the date or hi, ,u,pcns,ou or from the dale of lus d1sm1s!i.al. 1trnovaJ. compulsory retire.mtnt or reduction to :i lnwc.r service. grade, post, Li.mc•stak or pay or stage in -o nme~scalc of.p:iy 10 the d:ne of his rc.in:,;tatcmtnl or r~storauon to his scrvu::e. grade or p<>St shall be treated as a period. 5p¢nt on duty for any purpose. 1-:.,pl;u1ation.- In this n:gulatwn.~ the-cxpressmn 'officer Jnd othert.'mployL·c· mcludt~ a person who has ceastd to be m the service of lhc /\ ulhol'H)' :W. Appcll:n. A u1hority.- 11) All atliccrand other employee. including a person who has ceased to hL'. ui lh\.· !..l·r\"1t:c ol lhc Authority. may prdtr an appeal against all ot any or the orders speciflcd m rq.:ulation 5H le> th,· appcllote au thorny specified III lius behalf eili1cr in the Schedule or by a general or !-.l'>CL"1::il order ol'lhl• C'h:ii,persfln or where no sucb ,u11hority is specified tt'J the :\urhority. (2) i':nlw1Lh~tJndmg ~ny1h111g com::ijaed m sub-regulation ( l )- 1 i) An appcJI agarnst 011 m<lcr m , common proceeding held under regulation 56 shall he to lhe authonty w, \\ h,ch 1he- auLhonty funcuonulg JS the di~c1plmury aulhooty for the purpose or lhat rnKn'.tl1ng 11> 1ntm~<lia1t>ly .subo~clinate P1(1v1rle-d thal \\hi.-Lr: :,ut:h .;uuhonry ts ~uhordmale tu the Chlirpcrson m ,espect of :in officer ancl 111ht.<1 t'mployci: lb, whc,m Cha1q1crson ,~ 1ltl' 3ppdlatt: au1hori1y in terms of sub-daus:.! (b) of clause (1) ,)fsub•r\!.gulauon l 1 ~. 1h~ nppc11l shall hl' wnh th~ Aut hority. (11) \vht."rt· 1h!i! p-er::.on who mudc the: l•lder jppealed against becomes. by virtue of lus subsequent <!ppmntment 01 oihc1w1sc. llll· J.ppl'll::nc !llllht,riry 111 r~spt:d ot' such order. an appeal ag.amsl such order 'ih;.1III1,: tu th~ :i111ho1 uy 01 \Vh1d1 ~ui.:h pc1~on is immedtatdy subordm:ne. ( 1 .. t\ 11 011 ,cer and nthct c111plo) ct: may prefer an appeal a~:u,1~1 an order 11nposing any of the penalties !->pc:rd,c-d Ill re-_\;-111:1.11011 49 hl lhc Chairpe1·son. wh(."rc no su<.:b appeal lie~ 10 him und<:r sub-regulation ( l ) (\r suh-1L"gul:i11nn (2). ir-;uc;h pi.:nahy i,; impo~ed by ::my nut.horny other 1h;m the C.O:.mperson. on such oll1c~r and 01hcr employee 111 ll~p;;-i.:t of his .ictivJtics connected W1th his work as a.n .office-bearer of an J'i'-OLlallon, f..:,k·rnltOll n1 lllH(Ul. <,O. l'cri111I of limitation of apptals.- No~ppcol preferred under this pan shall be entet'rn1ned unless ,uch llppc>I » pretcrrcd w11h111 a pcnod of forty•li\'c duys from the dote on which n copy of the order ,1ppc;nled 3g:unst is dt'lwered 10 the :ippdlant: l'nmdcd that 1he appellate authc>ruy may emenain rhe appeal after the expiry of the said pcrtocl. ,f tt is satisfied that the appellanl had suflktcnt cause for 1101 prefcmng the appeal m time. (>I. Forni and contents of appeal.- \ I) Every person preferring an appeal shall do so separately and 111 lus own name. cl) The nppeal shall be presented to the aulhorny to whom the appeal hes. a copy bemg torwarded by 1he appellant to the a111hori1y wluch mode the order appealed agamst. ft shall contain all material :-rnterncms and (Irguments Oil wh1c.h th e;:. nppeHan1 relies, shall not coutam any disrespec1fuJ or improper 1::mg.nage • .:ind shall be compktc m itself (}) n,~ oppellme authorit)• which mad, the order appealed ogainst shall, on receipt of a copy of cite .1ppeal. fon,·ard the sal])e wnh its comments thereon 10gether w ith tht: rclc\'ant records to the appe.Hate 0 .n11hont) w11J1,)ut ,tny avouiahlc dt.•lur Jni.l wtthour w~rnmg tor uny c.hrc1..:Hon hum tht: :.ippe11ate a111hon1y 62. Con~itlcnuiun of :1ppcal.- 1 I) In llw 4,;ase of .1:n appeal ilgamsl a.u orclCl ol ~u~pcns.1on, the appe.11::itt· :Huho11ly shJll c<>n:H<.k:J whetht:r m 1.hc hght ot 1he prov1s1c•n.:. of rcgubl1on 48 ~u,d ha\'IJlf!. re-gar<l ro 1hc c1rc111nsr:mccs ol the tai,e. chc order or suspension 1s J\1Stilied or nol tm<l conhun or ,evoke the order .\ccorrlh1gly. (2) In u1e cnsc of n11 appeal ogamst an orderimposmg nny <>f the p~nalnes spectlied in regulal!On 49 or rnha11c111g any 1m1ahv imposed under the said regulations. u1e appellate nu1hol'lly shall consider 1.1~ whether 1he proccdutL' laid down m these rcgula,ions has been cmnphcd with or bas resulted in the fa1lmc. of 1usucc: ( b) \\·hrtlier the lincl iug~ 01 the d1sc1phn:rry autho11tv are warr::mtt:d by Ll.w C\ 1de:nce on 1he record. and '1.:\ w·hc1he1 d1r pcnnhy OT 1h1: -cuh~a1cl'<l peu:ilty 1mp<..lSCd 1s (ldeqvatc,-, inndcquate- t.tt severe Jnd pass or<lcr., (l) conrinmn.g. t·11h,u1t:111g. rt.:ducm!! 0 1 scumg. aside the penalty; or c· ii' r<:mimng Lhe r:isc 10 tht ~1uthon~' ,vh1ch imposed or enhanced the p1.:nahy 01 to :.my other nut.horil) ,,•1th sud1 (hrecnon as ll may J<:tm lit m the ~1rct.;mstances of these. cases· l'to, ,Lied that (11 ,,~ ,udt ,mhanccd p,·ualty which the apptllare au~1orny proposes 10 impose is one ol the peoalues -.pcc1ru:d 111 ~uh-cl:'lus<:s fJ) tn (v) 01 clause Ht) rc~ulat1011 49 and ao mqu1ry under rcgulat1011 52 has 1101 Jlrcadv been held m the case. the appellate au1horuy shall usclf hold such mquuy or dnect that such 111<-111uy b<- held m ..iccotdauce with I.hi.! pmv1s1011s of regulation 52 and thereafter, on a coustderauon of the prucee<l111~s of such mquir_y and make such orders as at may deem fir lll) if the c11hu,ic~J penalty «htch the appellate au1homy proposes 10 impose is one of the pcnalnes '-Pl!C1ticd m rcgula11on .l.9 and an cnquH)' under regulauon 52 has been held Ln the case. the appt.·11-ute ,1u1hm·i1y -.lull make such ordl'rS jS Lt may rki.:m fil ~,1tcr the appell:.mt has been given a r<.·asonabJe l,pponuniry o! mak1ug. :i re-prc:$t'nlal1on aga1ns1 the proposed penahy; and ( iii) 1H, onh:1 irr1po~mg un cnhanceJ penalty shall be made in any other case unless the appeUant has bc~n g.1vcn :1 re.o'\onahh.• oppo1 lllUH~ • .1s for as may be u, accordance wnh the provisions ofrcgulatwn :'4. ol'makuig ;'I 1ep1c,c;,cnl.1non agamsl ~uch enhanced penalty. ( 1) In an appeal o~amst JIIY <11hc1 order spcc,f'icci ut regulation 62 the appellate au010nty shall consider .tll Lhc "·11clH11:,1i1Ut.:cs of th~ case nnrl make S\.ICh m<lers as it may deem ,1ust and cqmtnbk. <,3. lmplementlllion ol order, in appeal.- The authorlly which made the order appealed agamst shall g1v(.' <:ff~ct h) lhc urdel's pa~scd by 1hc appcllatt: :mthority. 64. R evision.- ( I} l\•otwnhstamHng. uny1hiug c,ontaincd in Lhcse 1egula1ions (1) the Chairperson. or \ 11) the appellate utulw, ,ty. wnhm s,x month, of the elate or the order mav. al :my lime. l!1the1 on his or its o•nn mouon or otherw,sc. c-aH for 1hc records of any mquiry am.I 11.·v1,;c ;iuy or<lcr made uuder Lliese regulations. aJ\d may (a) cont,rm. modil'v or set ~side the. ordc,: Ot (hl ..:cullinn, re-due~. enhance L1r SL't a~idc 1hc penalty imposed by 1he order. or impose any penally where 110 penally hac; been nnposct.l, or l\.:; ,~m1t thl" case t<> the c.mthonly which made Lhc order 10 or any other autJ,onty dtrcctmg such it111hon1y to makl! s1.1ch rurt11er l·J\qu,1 y ilS it may ccn1su.icr proper 1n Lhc c1r<:umstances of the .case: or (dl pass such 01ht1 mckrs J\ it muv tlc~m fit: Prondctl that no onkr ,mpOSUI!! or enhancing any pe!lally shall be made by any rensmg nuthomy unksi lhe oftkC'J :md olht'L cmplovcc concerned has be-en g1vt:n a reasonable opportumcy of mok.mg a 1!.!prcsentn11011 <l~!ltll:-.L thl' pc11;.ilty proµn~d aud wh¢re H is proposed to impose any of the pt'..nah1e.~ 'l'"-''-'-'fil'<l 111 ,u~-r11Ht!\'-'' Ir) 10 ( vl 11f daust" (b, 1Cg11la11on 49 OT lo enhance 1he penalty imposed by the 57 I Tl-IF. GAZETT"E OF rNl)IA: EJ\'TRAORDINARY orde1 :-;ot1g.h1 to be wvised to Jny llf rhc ptnaJttes specified in those clause!), .:uld if an mquuy under rcgulatmn 52 has l'Ot alrc:ody l>een held ,n dtc ,-asc no ~uch penalty shall be 1tnpose,i exccp1 after an mquHy m 1he manner lald down in rcg-ulnrior 52: llroviclc<l lin1her that no pow.tr of revision shall be exerdscd, unk..s.s- ( 1) 1hc a111horrty winch made !he ordcr111 ap1>eal, or (i1) the aulhorny 10 wl11ch an app<!al would he:. \\here n<:1 appeal has been prcforrcd, 1~ .subordmate 10 furn. (2'l No proceedmg fo1 rcv1s1on shall be couunonced until after {!) the c.:-:p!r)' of!hc: pcno·! ofhmirat1on for aJ1 appeal. or 1i1) the d1sposal of the aprcsl. wheic any such appt:al has been preferred. «3) Au applic-ation tor 1c1,•1~1on shall be dealt wiil1 m the same manner .as if Jl were :ln appeal under the$C 1<.:gulauons 05. Rtvimv.- lltc Aurhority urny, nl any time. t·.1th'!r on 1ts own morion or other.vise review any orrl<:-r pn~cd under these rcf,ukitu·ws. wht·n any ne\.\ mare da I or ev-idt'.nce which could not be produced <>1 was nOI r1vo1hthle ,1t rhe umc: uf passing lbt' order under review and wl11d1 has d1t· effect of changmg the uatuse ot t.hc cas1.:. has come. ln hru» hceu brought kt hi:s nohce: ProvH':fod thar no order impr,~111g •.Jr i:nhancmg dllY peaalty shall be made by tl1e Anthonry ~.Ill les~ the urlker and odw1 employee c;onccmcd has btc-n given a J'easonable opponumty of makmg a r.cprt:~t·nto.11011 .ig.:un~t lhC' p~~r1alty 1->rnposcd or where 1t i~ riroposed to impose any o.f the lll-:lJOr penal11cs ,pe<:d1c1l Ill rcgubtllUI ,Nor It~ <:nh:i.occ the mmor pcmdt) unposed by the orde::r sought to bt re,•iewcd In nny ul the niaJor p¢1:al11cs and if nu i:nquiry under rcgulauon 52 has 1101 al.ready beeo hc:Jd i.ri Lhe \.JS..,;, Lio such penalty !<iht11l be imposed cxc~µt a.ficr 1nquuirig m lite n1anner laid down m rl"gul::itton 52. bb. ~crvi,·c or orders. notices etc.- Every order, not.Jee. ancJ 0U1er process made 01 issued tmdat these n:.gulatmns ~hall be ~.;,;n eel Ul person on the 11fiicc1 dnd other employc:c concerned or con1m..unic~tc<l tt> 111111 by registered post. CIL4PTEl{- vm 1\IISC.:lcl L,.._N~~Ol/S 67. \'fechcal facilitie,.- Medical fa.:il111es shall he prol'1dtd oi the Author11y t<l 11s omccrs awl o•hcr employees m accordancc-..nrh tht regulatwns made byl11e Authcnry from tl01¢ Lo time 6S, I n1vcffing :md halting :dlnw:lnc~.- l'ravcllmg and halung al!O\'-':ance.s shall be pc;.1d to tfo; 0U1cer:, :ind mhc1 cmployct."..S t1t:ct1rdtng to such rates and 011 such ierms and con<lit1ons a:; n'13y be approved by lhc l\uthonl} from umt to Ume, ' h'I. Dcpurntio,i.- / l) Nn ul1iec1 and other employee of tlte Aulhonry muy be deputed 10 scn•c under any other employer wi1hou1 Lhc npproval of tlte Chairpecson wl10 shall dc1eni,1nc the <lurnuon of sut:h dcpt11a.ti(111 ilntl Ut~ tcml.b and conditions on wluch 1he dcput~hon slwU take effrct: pro,·1dod th,1 no oftkc, and othcl' employee may be so dep\11ed ngams1 his will. ( 2) Where 1he services of an ofiie<:1 and ou,cr employee of the Authonty arc placed at the d1spos:ll 01 ,my urJlcr empJoye-1. tt ~hc1H he a condi11011 of .such a deputation that d1i: 01her employe1 .i-;h:d! thumg 1lu.: ("Qnod or :..uch dcpur,niuu, bear Lhe c.,11re cost of (he serv1c1.:s of 1hc nJtker and 01hor cmpl"yee as may be mdic,11ed in the order of depum,on. 70. Provident Furuf.- F.vc1·v officer anrl other t~mploy~c of thi;: Aurhot1ty shall become a mtmhcr ol a P,ov1dem hmd 10 he established by the Authority. 11. ln~ur:mcc scheme or fund.- II ':thall b, re4um:<l of every o0icer and Oiher l!mploycc bound hy thec:c.~ r~gnlauons 10 suhscril.>1: to .u.1v msuranc\! sd1c.ine or timcJ drnt rnay bL- instituted hy th~ l\u1h11111y for 1h,.: bcne111 ul 11s nl"fo.-c.:-r:s. and other t·rr1ploye1:~ and tht•tr fa111il1;.'I-\ and to h1.; bound hy lhC" regulaunm; of the s:.:ml .si:;hcme or runcl: P1ov1d1..--cf that nollung cnm,a111t~d 111 th1~ rcgul4!tion sha.U sen·t" lo, curlail 41HY supera11nu:11w11 hc11eHt:-. whh'h may ,)~hct"\v1st• btt 41dnns.s1b-Jc to an (1fficcr ;md other employee l = 111--=4J i2. Crie\'.ancc redress:a.l and welfare.-\ l) Tite Authority shall c:onsurute a Gnevance redressal ('ommnte-e tn look into th<.· griev::mccs, 1f a11y, of its officers and othc-r employees and It may uppom1 ~my of iti. ~lcmbers or Chairperson to act as an nppelJate Authority lo decide Lhe appeals ~iriSH1,!! out or 1h~ dec1s1oos of Lite Comnuucc (2) The: (°(1rnminee shall provide reir.:onablc opporturury ol henrmg the aggrieved person lx·for..: ;t linal ,l~c,s1Qn 1s. recorded on the grfovanc~. 1J) nu: ,\u1hority ~hall take such s1eps n.s: it consider:, ne-ccss:u·y fo1 the welfare .ind ,I-:\ L'111pmc11t of 11-. oflic:cr!'.-- mu1 01h1.-r c.mplciyces. Rl 0£ulatio11 '.·111nhe1 l ll 4!.\) I --- (1(4) 011<1 1,,) i'((>) 7(X ), (91 ;md ( IO) 7( 11) I 0( I ) 11 12(3} 13( 3) 17 rend with Ill. 20, 21(,\), 234~ Gl/2000-9 SCIIEDULE (See cbu<es (h) and (C) of sub-regulation (I) of regulation 3) (-OMl'l'Tff\;T AlTl!ORITIES/APPELLATE AUTIIORITIES .'.\1:Jlter.s Competent Au1hor11y 12) ( J) ApJm111tn11::rU!- ,mtl promo1100 (Cl:iss I) other < ·hn1rpers.on th:tll IJ '\Ci.:l~ll\ t' n 11cctc,H·::, ,\ pp(1111t111cu1 um.l promot10n to 1111.: po~, of ChaLrpCr~on Jn r-\;C(UIJ\"C llrrc-Ct(lr consu)tatmn w11h a commith.:c consistmg of Lhrcc members of the Authority A1,poi111mem~ :inti promow,n {Class IT) Memhe1· .i\jlpoinlmems nod ptClll\Ul1on (C-1:lS-~ l1l 1rn? Executive Director ( 'l:,ss IV} l"o 11.:L'l:1vt: no11ce .1cccpt-:1nce or refusal or AJ'l)Olnting "a 1, <.·1 thcJc◊I lO c.hscontnmc ur n:stgn the 1\uthorny -;1._•r\'1n : (all classt.:S of olficcrs and other t.•mployt.·cs) R\."guh1Huu of ix,.nod Ot!twc:c.n date of p<:m1anem Chairperson r1.~tm:mc-n1 and da,e of rcm~tatcmen1 Pt'-11111:ssum 10 ~eek f<"hrtmi:nt .i.Oer an:unmg Lhe ('h:11rpersoa ,tC.L' ol fif1y vc.1fo Im the c:i.sc of Class I oftici:r .md tl.1&.s 11 cmployc,·.s) or Jfh:r attainmg the .>J:L' or tiftv five vcars an case of oth1.:r L:1uplllyec"!- Spt'C11ic ••rp11W:ll to \vuh<trn\\ the ll()tice of Chairperson l't.'llf<.'lTit'lll A:,..St•:;slog rlH· ~u1uh1h1y nf offi,cr.; --ttnd other Chairperson for ~n1ph.1yceb 10 p1 omotion posts Class I orficers. Member for Class II employees and Excc11t1vc D1rec101 for Class HI and JV employees RL•,·crsion Chairperson for Class I ofliccrs. Member for Class II employees and l:.xcq111ve D1rect01 for Class Ill a.nd JV employcc-s P~imng nl au ordt:r for accrual of benefits, Ch•irperson \!"Ohl lc1"ltcnt o l' allu\vanccs Cle in the ca.Sc of (l1~clu1r~t or :,usp-c.-nsion or n:movaJ of offict:.r u11d other employees Srmc1jon 10 draw rnc;t~ments Competent Authority Casual I .eave J. Regional lncharge Appellate Au1homy 14) Anthrirny Authonty . Chairperson Mtmber Next lligher :mthomy Autbonty Authority Authority Authonty Ne:-:t ltigher authority Next lllghe1 nuthonty Authonty Next lugher authonry Next htghcr authority 59 I 60 (I) 23(6). 25(1), 25(] ), 26(3 ), 27(2) and (3), 28(6} 29(7) JI( 1) 34 THE GAZEITE OF INDIA - EXTRAORDINARY {2) Earned Leave Sick Lc:,vc & Materrucy Leave Extraordinary Leave (']) 2. Deparnnen1al lncharge or immediate superior Class l officer. Regional lnchal'ge. Departmental lncharge under intimation to his superior Class J officer. Regional lncharge. Deparrmenta 1 lncharge under intimation to his superior Class I officer . Chairperson Other Leave, if any Chairperson/ Member/Executive Explanation: Director/Next Superior Class I I For the purposes of grant of leave. odier Officer than Extraordinary leave, 10 tl1e officers and otlie1· employees directly reporting to Member, the Compe1en1 Authority is the respect1ve Member 2, The grant of leave in absence of Regional lnchargc will be by 1he next senior Class I uflicer of the Regional Offi-cc or the Execuuve Director (HeadquanersJ. 3. Leave in respect of Executive Director will be sanctioned by the Chall'J)erson and m his absence by 1he senior most member of the Authority. Contr1buuoo to the Press Giving of evidence Permission to be absent from station Chairperson or Member autllorised by hun. Chairperson J. Chall'J)erson for Executive Director Member for Class I officers and Class fl employees 2. Executive Director/ Regional Jncharge for Class lll and Next higher aulhonty Next higher nuthority Next higher authority Authority Authority Next lugher authority I!!! I ( I l }>(l) 3R (c) ~ 42 JJ JS 49 and 50 ( 2) Ro:PQl'l m r(.'..)!anJ to 1"t:cc1pt of gifts from fnends l't:11111::.s,on to s11,m<l g~mr:.m11.:1.: m pnvatc capac11y . :-:anc11on-for suh~c11r,rwn Offi.\.'.cr and other employees III debt ro rurni,,;h ;i srntement Suspcnsion(Cfas.s I Officers) Suspcnsmn(C'las:. 11 c.•mp!oyees) Suspens,ont Class Ill & Iv e111pl<>yecs l Award of penalues. , Mlllor penalu~s I.. 11 Ill, I\, V h :\'la1m Pcnalt11.·s I. Ii Ill. l\ :tm! ,• h,pl;m,1tmn: rhc t.:omprtcnt ou1hon1y rnd1carcd m column 3 abo\'l." 1:-., wnhout 1>rc,nul1c.: 10 lhi: J pr<w1:-.1011.....- ot' ..,nti-n:gu lat1llll ( I) of regulation 50. to h<.· taken as 1J1e• J1sc1plma1y au1hat1ty (J) IV employees Chairperson AulhOt11y I Chairperson for :\uthor1ty Execucive l)ir~ccor 2 Me1tlber fot Cha1rp1;:rson 01her Class I oflicer;) and Class II employees 3. Execuuve Memb-el' Direc1orJ R(!)!tonal I nch3rg_c for Class 111 and IV cmp1oyc-e-s. - Chairperson Allthonty Chairperson Authority Chairperson 1 /\uthomy Member Chairperson Exccuu"c Dm:(L<>r Member I. Member m I l'ha11perso11 <>Se of Class I ufn1.:cr~ ~ind Class II 1.·mplOyt·c~ 2 Exccutiv-c Mcmb~1 Director in case of other employees I I. Member$ 111 C'h:urpcrson ~·ui:.c o( Ciass J oflict•rs ,,mt C lass II ~mploycc.s 2. Exccul1vc Mc:mher Director m case- or Olhcr employ~"•,:; ( 'hatrperson Authomy /\ I ADVT / 111/1 V/E,ty/ 16 I /1000 I N. RANGACHARY. Chairperson Pnnlcd byth.: Manag¢r, Go,.1.~r India Press, Ring R,1ad, ~hy:spuri. New lklhi-ll0064 and PubJ1shed by lhe Coatrolk1 of Pohlicat1ons, Thllhi-l lOOM "2()00 6 1 I!! I