REGD. NO. D. L -33004/99 The Gazette of India
EXTRAORDINARY
PART III—-Section 4
PUBLISHED BY AUTHORITY
No. 10] NEW DELHI. FRIDAY. JANUARY 19, 2001/PAUSA 29,1922
168 GI/2001
(1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]3 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART III—SEC. 4]5 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART III—SEC. 4]7 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. .4]9 L§iiiU*.<- j 10 THE GAZETTE OF fNPIA . EXTRAORDINARY [PART III—SEC. 4j11 12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4113 14 T HE G A Z E T TE OF I N D IA : E X T R A O R D I N A RY [ P A RT I I I —SF • . 41 J5 16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART HI—SEC, 4]17 If. y\ v " / -1 - '- .- 18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] J9 20 DELHI GAZETTE : EXTRAORDINARY
[PART 4]21
TARIFF AUTHORITY FOR MAJOR PORTS
NOTIFICATION
New Delhi, the 19th January, 2001
No. C-19011/2/98-TAMP.—In exercise of the powers conferred by Section 123 A read with Section 47H (2) of the Major Port Trusts Act. 1963 (Act No. 38 of 1963), the Tariff Authority for Major Ports with the concurrence of the Central Government, hereby make the following Regulations namely :
1, Short title and Commencement
(i). These Regulations may be called the Tariff Authority for Major Ports (Classification, Control and Appeal) Regulations, 2001.
(ii). They shall come into force on the date of their publication in the Gazette of India.
2, Application
These Regulations shall apply to all employees save the following:
(a). The Chairman,
(b). The Members (including a part-time Member).
(c). A person subject to discharge from service ci less than one month's notice.
(d). A person for whom a special provision is made, in respect of matters covered by these Regulations, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the Chairman before or after the commencement of these Regulations, in regard to matters covered by such special provisions.
3, Definitions
In these Regulations, unless the context otherwise requires, the following definitions shall apply:
(i). "Act" means the Major Port Trusts Act, 1963 (38 of 1963).
22 THE GAZETTE OF INDIA . EXTRAORDINARY [PART 111—SK 4) (ii). "Appellate Authority" means the appointing authority or the authority to which the appointing/disciplinary authority is subordinate.
(iii). "Appointing Authority" means the Chairman or any other officer so authorised.
(iv). "Authority" means the Tariff Authority for Major Ports constituted under Section 47A of the Act.
(v). "Chairman" means the Chairperson of the Tariff Authority for Major Ports appointed under Section 47 A of the Act.
(vi). "Disciplinary Authority" means the appointing authority or the authority empowered by the Authority to impose on an employee any of the penalties specified in Regulation 8
(vii). "Employee" means a person appointed in the office of the Authority against any post, in terms of its Service Regulations,
(viii). "Government" means the Central Government,
(ix). "Head of the Authority" means the Chairman.
(x). "Head of the Office" means any officer appointed by the Chairman as Head of the Office.
(xi). "Member" means a Member (including a part-time Member) of the Authority appointed under Section 47A of the Act.
(xii). "Permanent Employee" means an employee who holds a substantive or provisionally substantive post or who holds a lien on a permanent post or who would have held a lien on a permanent post had the lien not been suspended.
(xiii). "Public Servant" means the same thing as defined under Section 112 of the Act
4. Classification of Posts
All the posts under the Authority shall, subject to such exceptions as it may, by any general or special order, make from time to time, be classified as in the table below
Description
Classification
3 s. No. 1.
Group 'A' (1)-
Group 'B' (2).
Group 'C (3).
Group D' (4).
2 Post carrying a pay or a scale of pay with a maximum of not less than Rs.13,500. Post carrying a pay or a scale of pay with a maximum of not less than Rs.9000 but less than Rs 13,500. Post carrying a pay or a scale of pay with a maximum of over Rs 4000 but less than Rs.9000. Post carrying a pay or a scale of pay maximum of which is Rs.4000 or less.
235. Appointment to posts
All appointments to posts in the office of the Authority, shall be made by the Chairman; provided that the Chairman may, by a general or a special order and subject to such conditions as he may specify in such order, delegate to any other authority the powers to make such appointments.
6. Suspension
(i). The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the Chairman, by general or special order, may place an employee under suspension (a) where a disciplinary proceeding against him/her is contemplated;
(b) where, in the opinion of the authority aforesaid, he/she has engaged himself in activities prejudicial to the interest of the security of the State; and, (c) where a case against him/her in respect of any criminal offence is under investigation, inquiry or trial,
(ii). An employee shall be deemed to have been placed under suspension by an order of the appointing authority -
(a) with effect from the date of his/her detention, if he/she is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty eight hours; or,
(b) with effect from the date of his/her conviction, if, in the event of a conviction for an offence, he/she is sentenced to a term of imprisonment exceeding forty eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction
Explanation: The period of forty eight hours referred to in clause (b) of this sub- regulation shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if. any, shall be taken into account.
(iii). Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee under suspension is set aside in appeal, or on review under these Regulations and the case is remitted for further inquiry or action or with any other directions, the order of his/her suspension shall be deemed to have continued to be in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
(iv). Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee is set aside or declared or rendered void in consequence or by a decision of a Court of Law and the Disciplinary Authority, on consideration of the circumstances of the case, decides to hold a further inquiry against him/her on the allegations on which the penalty of dismissal, removal or 24 THE GAZETTE OF INDIA EXTRAORDINARY [PART III—SEC 4] compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders;
(v), (a). An order of suspension made or deemed to have been made under this Regulation shall continue to remain in force until it is modified or revoked by the authority competent to do so
(b). Where an employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise), any other disciplinary proceeding is commenced against him/her during the continuance of that suspension, the authority competent to place him/her under suspension may, for reasons to be recorded by him/her in writing, direct that the employee shall continue to be under suspension until the termination of all or any of such proceedings.
(c). An order of suspension made or deemed to have been made under this Regulation may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
7. Leave during suspension
No leave shall be granted to an employee under suspension.
8. Penalties
The following penalties may be imposed on an employee, for acts of misconduct or for any other good and sufficient reasons:
(A). Minor penalties
(i). Censure.
(ii). Withholding of increments of pay.
(iii). Withholding of promotion.
(iv) Recovery from pay of the whole or part of any pecuniary
loss caused by him/her to the office of the Authority by negligence or breach of orders.
(v). Reduction to a lower stage in the time-scale of pay for a period not exceeding 3 years, without cumulative affect and not adversely affecting his/her pension.
(B). Major penalties
(i). Save as provided in the clause (A) (v), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not employee will earn increments of pay during the period of25 such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his/her pay (ii). Reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to promotion of the employee to the time-scale of pay, grade, or post from which he/she was reduced, with or without further directions regarding conditions of restoration to the grade or post from which employee as reduced and his/her seniority and pay on such restoration to that grade or post
(iii) Compulsory retirement
(iv) Removal from service, which shall not be a disqualification for further employment
(v) Dismissal from service which shall ordinarily be a disqualification for further employment,
provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (B) (iv) or clause (B) (v) shall be imposed, provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed
Explanation: The following shall not amount to a penalty within the meaning of this Regulation
(a) Withholding of increment of an employee on account of his/her failure to pass a prescribed departmental test or examination in accordance with the terms of appointment to the post which he/she holds
(b) Stoppage of pay of an employee at the efficiency bar in a time scale, on the ground of his/her unfitness to cross the bar
(c) Non-promotion, whether in an officiating capacity or otherwise, of an employee, to a higher grade or post for which he/she may be eligible for consideration but for which he/she is found unsuitable after consideration of his/her case
(d) Reversion to a lower grade or post, of an employee officiating in a higher grade or post, on the ground that he is considered, to be unsuitable for such higher grade or post or on administrative grounds unconnected with his/her conduct
(e) Reversion of an employee appointed on probation to another service, grade or post to his/her permanent service grade or post during or at the end of the period of probation, in accordance with the terms of his/her appointment or the regulations and orders, governing such probation
K$^'/^'*t
26 THE GAZETTE OF INDIA EXTRAORDINARY [PART 111—SEP. 4] (f). Replacement of the services of an employee whose services had been borrowed from other employers.
(g). Termination of the service -
(i) of an employee appointed on probation, during or at the end of the probation period, in accordance with the terms of his/her appointment or the Regulations and orders governing such probation;
(ii) of an employee appointed in a temporary capacity otherwise than under a contract or agreement, on the expiration of the period of which he/she was appointed, or earlier in accordance with the terms of his/her appointment; or, (lii) of an employee, employed under an agreement; in accordance with the terms of such agreement.
(h). Termination of service of an employee by giving three months' notice or on payment of three months' pay and allowances in lieu thereof.
(i). Termination of service of an employee on medical grounds; if he/she is declared unfit to continue in the office of the Authority by the Medical Officer appointed by the Authority for the purpose of this Regulation.
(j) Compulsory retirement of an employee \c accordance with the provisions relating to his superannuation or retirement;
9. Disciplinary Authority to impose penalties
(i). The Authority may impose any of the penalties specified in Regulation 8.
(ii). The Appointing Authority or the authority to which the Appointing Authority is subordinate or the authority empowered by the Authority shall be the Disciplinary Authority to impose any of the penalties specified in Regulation 8.
10. Authority to institute proceedings
(i). The Authority or the Appointing Authority or any other authority empowered by it by general or special order may -
(a) institute disciplinary proceedings against any employee; or, (b) direct a Disciplinary Authority to institute disciplinary proceedings against any employee on whom that Disciplinary Authority is competent to impose under these Regulations any of the penalties specified in Regulation 8.
(ii). The Disciplinary Authority competent under these Regulations to impose any of the penalties specified in Regulation 8 (A) may institute disciplinary proceedings against any employee for the imposition of any of the penalties specified in Regulation 8(B) notwithstanding the fact that such Disciplinary Authority is not competent under these Regulations to impose any of the latter penalties.
2111. Procedure for imposing major penalties
(A). No order imposing any of the penalties specified in Regulation 8 (B) shall be made except after an enquiry is held in accordance with these Regulations.
(B). Where the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against an employee, it may itself inquire into or appoint under this Regulation or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority (hereinafter referred to be an Inquiring Authority/Officer) to inquire into the truth thereof.
(C). Where the Disciplinary Authority itself inquires into any article of charge or appoints an inquiring Authority/Officer for holding any inquiry into such charge, it may, by an order, appoint any other employee/officer or legal practitioner, to be known as the "Presenting Officer" to present on its behalf the case in support of articles of charge.
(D). Where the Disciplinary Authority is of the opinion that a particular article of charge is required to be investigated by the Central Bureau of Investigation / the Central Vigilance Commission, it may nominate an officer of the CBI / CVC, as the case may be, to do so and submit his investigation report with supporting evidence to it.
(E). Where it is proposed to hold an inquiry against an employee, the Disciplinary Authority shall frame or cause to frame definite and distinct articles of charge on the basis of the substance of the imputations of misconduct or misbehavior, a statement of the imputations of misconduct or misbehavior in support of each article of charge which shall contain all relevant facts including any admission or confession made by an employee and a list of documents by which, and list of witnesses by whom, the articles of charge are proposed to be sustained. The Disciplinary Authority shall deliver or cause to be delivered for foregoing material to an employee who in turn shall submit within such time as may be specified (not less than 15 days from the date of delivery of communication) by the Disciplinary Authority, or within such extended time as may be granted by the said Authority, written statement indicating whether he/she admits or denies all or any of the charges and whether he/she desires to be heard in person.
(F). (i). On receipt of the written statement of an employee, or if no such statement is received within the time specified, the Disciplinary Authority may itself inquire into such of the articles of charge as are not admitted or if considers it necessary so to do appoint under Clause (B) an Inquiring Authority/Officer for the purpose by an order.
(ii). It may not be necessary to hold an inquiry in respect of the articles of charge admitted by an employee in his/her written statement but it shall be necessary to record its findings on each such charge after taking such evidences as it may think fit.
(G). The Disciplinary Authority shall, where it is not the Inquiring Authority, forward to the Inquiring Authority 28 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] (i) a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour;
(ii) a copy of the written statement of defence, if any, submitted by an employee;
(iii) a list of documents by which and list of witnesses by whom the articles of charge proposed to be substantiated;
(iv) copies of statements of the witnesses, if any;
(v) evidence in support of delivery of documents referred to in Clause (E); and,
(vi) a copy each of the orders instituting the enquiry and appointing the 'Presenting Officer' in terms of Clause (C).
(H). (i). The Inquiring Authority shall by notice in writing, specify the day on which the employee shall appear in person before it.
(ii). On the date fixed by the Inquiring Authority the employee shall appear before the Inquiring Authority at the time, place and date specified in the notice.
(I), (i). An employee may take the assistance of any other employee posted in any other office either at his headquarters or at any place where the inquiry is held, to present the case on his/her behalf but may not engage a legal practitioner for the purpose, unless the Presenting Officer appointed by the Disciplinary Authority is a legal practitioner, or the Disciplinary Authority having regard to the circumstances of the case so permits;
provided that the employee may take assistance of any other employee posted at any other station, if the Inquiring Authority having regard to the circumstances of the case, and for reasons to be recorded in writing so permits.
(ii). If an employee who has not admitted any of the articles of charge in his/her written statement of defence or has not submitted any written statement of defence appears before the Inquiring Authority, such authority shall ask the employee whether he/she pleads guilty or has any defence to make and if he/she plead guilty to any of the articles of charge, the Inquiring Authority shall record the plea, sign the record and obtain the signature of the employee concerned thereon.
(J). The Inquiring Authority shall return a finding of guilt in respect of those articles of charge to which the employee concerned pleads guilty.
(K). If an employee fails to appear within the specified time or refuses or omits to plead guilty or requires the Presenting Officers to produce the evidence by which he proposes to prove the articles of charge the Inquiring Authority shall adjourn the case to a later date not exceeding 30 (thirty) days, after recording an order that employee may, for the purpose of his/her defence inspect within 5 (five) days of29 the order or within such further time not exceeding 5 (five) days as the Inquiring Authority allowed, the documents specified in the list referred to in Clause (E); submit a list of witnesses to be examined on his/her behalf, and give a notice within ten days of the order or within such further time not exceeding ten days as the Inquiring Authority may allow, for the discovery or production of the documents by the authority referred to in this Regulation.
Note: The employee shall indicate the relevance of the documents required by his/her to be discoveied or produced by the authority.
(L). The Inquiring Authority shall, on receipt of the notice for discovery or production of the documents, forward the same or copies thereof to the authority in whose custody or possession of the documents are kept with a requisition of production of the documents of such date as may be specified;
provided that the Inquiring Authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion not relevant to this case.
(M). On receipt of the requisition under Clause (L) the authority having custody or possession of the requisitioned documents, shall arrange to produce the same before the Inquiring Authority on the date, place and time specified in the requisition;
provided that the authority having custody or possession of the requisitioned documents may claim privilege, if the production of such documents will be against the public interest or against the interest of the Authority. In that event, it shall inform the Inquiring Authority accordingly. The Inquiring Authority shall inform the employee and withdraw the requisition made by it for production or discovery of documents.
(N). On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the Disciplinary Authority. The witnesses produced by the Presenting Officer, shall be examined by the Presenting Officer and may be cross-examined by or on behalf of the employee. The Presenting Officer shall be entitled to re- examine his witness on any point on which they have been cross-examined, but not on new matters, without the leave of the Inquiring Authority. The Inquiring Authority may also put such questions to the witnesses as it thinks fit.
(O). Before the close of the case in support of the charges, the Inquiring Authority may, at its discretion, call the Presenting Officer to produce evidence not included in the charge-sheet or may itself call for new evidence or recall or re- examine any witness. In such a case, the employee shall be entitled to inspect the documentary evidence before it is taken on record, or to cross-examine a witness, who has been summoned. The Inquiring Authority may also allow the employee to produce new evidence, if it is of the opinion that the production of such evidence is necessary, in the interest of justice.
Note : New evidence shall not be permitted or called for or any witness shall not be re-called to fill up any gap in the evidence. Such evidence may be called for only when there is inherent lacuna or defect in the evidence which has been produced originally.
30 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 4] (P). When the case in support of the charges is closed, the employee shall be required to state his/her defence, orally or in writing, as he/she may prefer. If the evidence is made orally, it shall be recorded and the employee shall be required to sign the record. In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.
(Q). The evidence on behalf of the employee shall then be produced. The employee may examine himself/herself in his/her own behalf, if he/she so prefers. The witnesses, produced by the employee, shall then be examined by the employee and may be cross-examined by the Presenting Officer. The employee shall be entitled to re-examination any of his/her witnesses on any point on which they have cross-examined, but not on any new matter without the leave of the Inquiring Authority.
(R). The Inquiring Authority may after the employee closes his/her evidence, and shall, if the employee has not got himself/herself examined, generally question him/her on the circumstances appearing against him/her in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him/her.
(S). After completion of production of evidence, the employee and the Presenting Officer shall file written briefs of their respective cases within 15 days of the date of completion of the production of evidence.
(T). If the employee to whom a copy of the articles of charge referred to in Clause (E), has been delivered, does not submit the written statement of defence on or before the date specified (viz. 15 days) for the purpose or does not appear in person, or through the assisting employee/ officer or otherwise fails or refuses to comply with any of the provisions of these Regulations, the Inquiring Authority may hold the inquiry ex-parte.
(U). Whenever any Inquiring Authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another Inquiring Authority which has, and which exercises, such jurisdiction the Inquiring Authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself;
provided that if the succeeding Inquiring Authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross-examine and re- examine any such witnesses as herein above provided.
(V). (i). On conclusion of the inquiry, the Inquiring Authority shall prepare a report, which shall contain the following;
(a). A gist of the articles of charge and the statement of the imputations of misconduct or misbehavior.
(b). A gist of the defence of the employee in respect of each article of charge.
21(c). An assessment of the evidence of each article of charge.
(d). The findings on each article of charge and the reasons therefor.
Explanation: If, in the opinion of the Inquiring Authority, the proceeding of the inquiry establishes any article of charge different from the original article of charge, it may record its findings on such article of charges;-
provided that the findings on such article Of charge shall not be recorded, unless the employee has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself/herself against such article of charge,
(ii). The Inquiring Authority, where it is not itself the Disciplinary Authority, shall forward to the Disciplinary Authority the records of the inquiry which shall include the following:
(a). The report of the inquiry prepared by it under Clause (V) (i). (b). The written statement of defence, if any, submitted by the employee referred to in Clause (P).
(c). The oral and documentary evidence provided in the course of the inquiry.
(d). Written briefs referred to in Clause (S), if any.
(e). The orders, if any, made by the Disciplinary Authority and the Inquiry Authority in regard to the inquiry.
12. Action on the inquiry report
(i). The Disciplinary Authority, if it is not itself the Inquiring Authority, may, for reasons to be recorded by it in writing, remit the case to the Inquiring Authority for fresh or further inquiry and the Inquiring Authority shall thereupon proceed to hold the further inquiry according to the provisions of Regulation 11, as far as can be.
(ii). (a). The Disciplinary Authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the Disciplinary Authority or where it is not the Inquiring Authority a copy of the report of the Inquiring Authority to the employee who shall be required to submit, if he/she so desires, his/her written submission or representation to the Disciplinary Authority within 15 days, irrespective of whether the report is favourable or not to him/her.
(b). The Disciplinary Authority shall consider the representation, if any, submitted by the employee before proceeding further in the manner specified in the following clauses of this Regulation.
(iii). The Disciplinary Authority, if it disagrees with the findings of the Inquiring Authority on any article of charge, record its reasons for such disagreement and32 T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY [ P A RT H I —S E C. 4] record its own findings on such charge, if the evidence on record is sufficient for the purpose.
(iv). If the Disciplinary Authority, having regard to its findings on all or any of the articles of charge is of the opinion that any of penalties specified in Regulation 8 (A) should be imposed on the employee, it shall, notwithstanding anything contained in Regulation 13, make an order, imposing such penalty.
(v). If the Disciplinary Authority having regard to its findings on all or any of the articles of charge, and on the basis of the evidence adduced during the enquiry is of the opinion that no penalty is called for,' it may pass an order, exonerating the employee concerned.
13. Procedure for imposing minor penalties
(i). Subject to the provision contained in Regulation 12 (iv), where it is proposed to impose any of the minor penalties specified in Regulation 8 (A), the employee concerned shall be informed in writing of the imputations of misconduct or misbehavior and given an opportunity to submit his/her written statement of defence within a specified period, not exceeding 15 days or such extended period as may be granted by the Disciplinary Authority and the defence statement, if any, submitted by the employee shall be taken into consideration by the Disciplinary Authority before passing an order.
(ii). Where, however, the Disciplinary Authority is satisfied that inquiry is necessary, it shall follow the procedure for imposing a major penalty as laid down under Regulation 11.
(iii). The record of the proceedings in such cases to be delivered or caused to be delivered to an employee shall include the following:
(a). A copy of the intimation to the employee of the proposal to take action against him/her.
(b). A copy of the statement of imputations of misconduct or misbehavior.
(c). The defence statement, if any, of the employee.
(d). The evidence produced during the inquiry.
(e). The findings on such imputations of misconduct or misbehavior.
(f). The orders of the Disciplinary Authority on the case together with the reason therefore.
14. Communication of orders
Orders made by the Disciplinary Authority under Regulation 12 or Regulation 13 shall be communicated to the employee concerned, who shall also be supplied with a copy of the report of the inquiry, if any.
_LI 15. Common proceedings
Where two or more employees are concerned in a case, the authority competent to impose a major penalty on all such employees may make an order, directing that disciplinary proceedings against all of them may be taken in a common proceeding.
16. Special procedure In certain cases
Notwithstanding anything contained in Regulation 11, or Regulation 12 or Regulation 13, the Disciplinary Authority rrray impose any of the penalties specified in Regulation 8 if the employee has been convicted on a criminal charge, or on the strength of facts on conclusions arrived at in a judicial trial or where the Disciplinary Authority or the Authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry or that it is not in the public interest or the interest of the Authority or it is not expedient to hold an enquiry in the manner provided in these Regulations.
17. Pay(iKent of subsistence allowance during suspension
(A). An employee, under suspension, or deemed to have been placed under suspension, shall, during the period of such suspension and subject to Clauses (B), (C) and (D) of this Regulation be entitled to receive payment from the Authority by way of subsistence allowance on the following scale
(1) Basic Pay
(a). For the first three months half of the basic pay which the employee was receiving on the date prior to the date of suspension irrespective of the nature of inquiry,
(bj. For the subsequent period, after 3 months from the date of suspension -
(i) the amount of the basic pay in the subsistence allowance may be Increased by a suitable amount, not exceeding half of the subsistence allowance admissible during the period of the first 3 months if in the opinion of the Disciplinary Authority, the period of suspension has been prolonged for reasons, to be recorded in writing not directly attributable to the employee concerned; and,
(li) the amount of subsistence allowance may be reduced by a suitable amount, not exceeding 50% of the subsistence allowance admissible during the period of the first 3 months, if in the opinion of the Disciplinary Authority, the period of suspension has been prolonged due to reasons to be recorded in writing directly attributable to the employee concerned
(2). Allowance
For the entire period of suspension, dearness allowance and other allowances excepting conveyance allowance, entertainment allowance, transport allowance and special allowance shall be calculated on the pay as specified in &%C\l)2&o\-~£' 34 THE GAZETTE OF INDIA EXTRAORDINARY [PART HI—SB<". 4] Clause A (1) and at the prevailing rates or at rates applicable to similar category of employees.
(B). During the period of suspension, an employee shall not be entitled to occupation of a rent free house or free use of Authority's staff car or receipt of conveyance or entertainment allowance or special allowance.
(C). An employee shall not be entitled to receive payment of subsistence allowance, unless he/she furnishes a certificate that he/she is not engaged in any other employment, business, prbfession or vocation.
(D). If, during the period of suspension, the employee is retired by reason of his/her attaining the age of superannuation, no subsistence allowance shall be paid to him/her from the date of his/her retirement.
18. Pay, allowance and treatment of service on termination of suspension
(i). Where the Appointing Authority Is satisfied that the employee has been fully exonerated or that the suspension was unjustifiable, the employee shall be granted the full pay to which he/she would have been entitled, had he/she not be suspended, together with any allowance which he/she was in receipt of immediately prior to his/her suspension, or may have been sanctioned subsequently and made applicable to all employees.
(ii). In all cases other than those referred to in Clause (i) above, the employee shall be granted such proportion of pay and allowance as the Appointing Authority may direct;
provided that the payment of allowance shall be subject to all other conditions, to which such allowances are admissible; and,
provided further that the pay and allowances granted shall not be less than the subsistence and other allowance admissible under Regulation 17
(iii). (a). In case falling under Clause (i), the period of absence from duty shall, for all purposes, be treated as period spend on duty
(b). In a case falling under Clause (ii) the period of absence from duty shall not be treated as a period spent on duty, unless the Appointing Authority specifically directs, for reasons to be recorded in writing, that it shall be so treated for any specific purpose.
19. Employees on deputation from Contra) Govt., State Qovt. or other
Organisations etc.
(i). Where an order of suspension is made or disciplinary proceeding is taken against an employee, who is on deputation to the Authority (hereinafter referred to as the "Borrowing Authority"), the authority lending his/her services (hereinafter referred to as the "Lending Authority") shall forthwith be informed of the circumstances, leading to the order of his/her suspension, or the commencement of t^e disciplinary proceedings as the case may be (in the case of deputationist the Borrowing Authority shall have the powers of the Appointing Authority for the purpose of placing such an employee under suspension and of the Disciplinary Authority for the purpose of conducting a disciplinary proceeding against him/her).
33(ii). In the light of the findings in the disciplinary proceedings conducted against the employee-
(") if the Borrowing Authority is of the opinion that any of tl)ie rnino; penalties shall be imposed on him/her, it may pass such order in the, case as it deems necessary
provided that in the event of a difference of opinion between the Borrowing Authority and the Lending Authority, the services of the Employee shall be placed at the disposal of the Lending Authority, and,
(b) if the Disciplinary Authority is of the opinion that any of /the major penalties shall be imposed on him/her, it shall place tbe services at the disposal of the Lending Authority and transmit to it the proceedings of the enquiry and there upon the Lending Authority may, if it is the disciplinary Authority, pass such orders thereon as it may deem necessary, or, if it is not the Disciplinary Authority, submit the case to the Disciplinary Authority which shall pass orders on the case as it may deem necessary;
provided that before passing any such order the Disciplinary Authority shall comply with the provision of Regulation 12 (iv) and (v).
20. Appeals
(i). An employee may appeal against an order imposing upon him/Her any of the penalties specified in Regulation 8 (A) and (B) or against the order of suspension referred to in Regulation 6. The appeal shall lie to the Appellate Authority.
(ii). An appeal shall be preferred within 45 days from the date of receipt of the order appealed against. The appeal shall be addressed to the Appellate JAuthority and submitted to the authority whose order is appealed against, who shall forward the appeal together with its comments and the records of the case to the Appellate Authority. The Appellate AtrtRorjty.shall consider whether the findings are justified or whether the penalty is excessive or inadequate, and pass appropriate orders. The Appellate Authority may pass an order confirming, enhancing, reducing, or setting aside the penalty or remitting the oase to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case; provided t h a t-
(a) if the enhanced penalty which the Appellate Authority proposes to impose any of the major penalties specified under Regulation 8 (B) and an inquiry as provided in Regulation 11 has not already been held in the case, the Appellate Authority shall direct that such an inquiry be held in accordance with the provisions of Regulation 11 and thereafter consider the record of the inquiry and pass such orders as It may deem proper; and, (b) if the Appellate Authority decides to enhance the punishment wher'1 an inquiry has already been held as provided under Regulation 1 ;. the Appellate Authority shall give a show-cause notice to the employee fis to why the enhanced penalty shall not be imposed upon him/her and shall pass final order after taking into account the representation, if any, submitted bv the employee.
/V.^y /:/•<-.'/- o 36 THE GAZFTTE OF INDIA EXTRAORDINARY [PART 111—Sf' 4]
11. Review
The Authority may at any time, either on its own motion or otherwise review any order passed by it under these Regulations, when any error apparent on the face of the record has come or has been brought to its notice provided that -
(a) if any enhanced penalty, which the Reviewing Authority deems fit to impose within a period of two months, is a major penalty specified under Regulation 8 (B) and an inquiry as provided under Regulation 11 has not already been held in the case, the Reviewing Authority shall direct that such an inquiry be held in accordance with the provisions of Regulation 11 and thereafter consider the record of inquiry and pass order as it may deem proper; and,
(b) if the Reviewing Authority decides to enhance the punishment but an inquiry has already been held in accordance with the provisions of Regulation 11, the Reviewing Authority shall give a show-cause notice to the employees as to why the eni anced penalty shall not be imposed upon him/her and shall pass ah order after taking into account the reply, if any, submitted by the employee.
22. Dismissal with retrospective effect
An ortler of dismissal shall not be given e^ect retrospectively from the date of commencement of suspension but only from the daU. on which the order of dismissal is actually passed.
23. Termination and treatment of suspension in the case of death of the
employee under suspension
Where an employee under suspension dies before the disciplinary or court proceedings instituted against him/her are concluded, the period of suspension shall be treated as duty for all purposes and his/her family paid for the period full pay and allowances to which he/she would have h"en ehtitUrf *^ :1&/'She not been suspended, adjusting the subsistence R ! ! O W "^ a],<-dC|y paici,
24. Service of order*, notlQttd, etc.
Every orde*f, notice and other process made or issued under these Regulations shall be served in person on the employee concerned or communicated to him/her by registered post at his/her last hdrrt§ address.
25. Forma etc.
The Authority may use the format of requisite Fornife, Memoranda© and orders, etc., available in the Central Civil Service (Classification, Control arid Appeal) Rules, 1965 as amended from time to time for the purpose of these Regulations subject to appropriate modification or replacement of expressions.
26. Power to relax time-limit to condone delay
Save as otherwise expressly provided in these Regulations, the Chairman may, for good and sufficient reasons or if sufficient cause is shown, extend the times-(specified J37 in these Regulations for anything required to be done under these Regulations or ondone any delay.
27. Interpretation
If any question relating to the interpretation of these Regulations arises, it shall be referred to the Authority whose decision thereon shall be final and binding.
28. Residuary matters
Matters with respect to which no specific provisions have been made under these Regulations, shall be regulated under corresponding provisions of the Central Civil Service (Classification, Control and Appeal) Rules, 1965 as amended from time to time.
29. Repeal and Saving
(i). Every Rule, Regulation, Bye-law or every provision in any Agreement or any Resolution corresponding to any of the Regulations herein contained and in force immediately before the commencement of these Regulations and applicable to the employees is hereby repealed.
(ii). Notwithstanding such repeal -
(a) any order made or action taken under the provisions so repealed shall be deemed to have been made or taken under the corresponding provisions of these Regulations;
(b) nothing in these Regulations shall be construed as depriving any person, to whom these Regulations apply, of any right of appeal, which had accrued to him/her under any of provisions so repealed;
(c) an appeal pending at the commencement of these Regulations against an order made before the commencement of these Regulations shall be considered and orders thereon shall be made, in accordance with these Regulations; and,
(d) any proceedings which had already been initiated but not yet been completed at the commencement of these Regulations shall be continued and disposed of as far as may be, in accordance with the provisions of these Regulations, as if such proceedings were proceedings under these Regulations.
S SATHYAM. Chairman
[Advt No IlI/lV/143/2000-Exi.vJ Pnnltfti h\ tlw Manager, Cmvt of India Press Ring Road, Mu\apun,Nen Delhi-1 JI)(K,4 Mid PiibMttd h\ theConlrulkr i'f Publictiuww, Di lhi-110014