CONTENTS
1. ORDINANCES GOVERNING THE TERMS AND CONDITIONS OF SERVICE OF ALL EMPLOYEES OF THE UNIVERSITY OTHER THAN TEACHERS Rule No.
Title Page 01 Short title and commencement 01 02 Extent of application 01 03 Definitions and interpretations 01 04 Posts, Recruitment and Appointments 03 4(1)(A) Emoluments, terms and conditions of service of the Registrar 04 4(1) (B) Emoluments, terms and conditions of service of the Finance Officer 07 05 Employees absent from duty 09 06 • Probation and Confirmation 09 07 Seniority .. 10 .08 Temporary and Permanent service .. 10 09 Termination of service 10 10 Retirement 10 11 Resignation 12 12 Special Provision for existing employees 12 18 . . . Service books . . . ---■■•• - - 12 14 Confidential reports . 12 15 Tests or Examinations 12 16 Residuary conditions of service 12 17 Maintaining of essential service 13 18 Power to relax 13 19 Removal of doubts 13 20 Scales of pay 13 21 Initial pay 14 22 Increments 15 23 Service counting for increments 15 24 Pay during suspension 15 25 Special pay, Personal pay, Honorarium and Fee 17 26 Drawal of pay 17 27 . Pay and allowances for holding additional charge of posts 17 28 Compensatory allowance 18 29 Amendments 18 (0
2. ORDINANCES GOVERNING THE CONDUCT OF THE EMPLOYEES OF THE UNIVERSITY 01 Short title and commencement 19 02 Definitions 19 03 General •19 04 Employment of near relatives of University employees in companies or firms 20 05 Taking part in politics and elections 20 06 Joining of associations by the employees 21 07 • Demonstration and strikes 21 08 Connection with press or radio 21 8A Representation 22 09 Criticism of Government and/or University 22 10 Evidence before a committee or any other authority 22 11 Unauthorized communication of information 22 12 Subscriptions 22 13 Gifts 22 13 A Dowry 24 14 Public demonstration in honour of employees of the University 24 15 Private trade or employment 24 16 Investment, lending and borrowing 25 17 Insolvency and habitual indebtedness 26 18 Movable, immovable and valuable property 26 19 Vindication of acts and character of employment 28 20 Canvassing of non-official or other outside influence 28 21' Restrictions'regarding marriages 28 22- Consumption of intoxicating drinks and drugs 28 23 Interpretation 29 24 Amendments 29
3. ORDINANCES GOVERNING THE CONTROL AND APPEAL OF THE EMPLOYEES OF THE UNIVERSITY 01 Short title and commencement 30 02 Definitions 30 03 Application 30 04 Protection of rights and. privileges conferred by Agreement 30 05 Suspension 30 06 Penalties 32 07 Disciplinary authorities 33 08 Authority to institute proceedings 33 09 Procedure for imposing major penalties 34 <ii) 10 Action on the inquiry report 39 11 Procedure for imposing minor penalties 39 12 Communication of orders 40 13 Common proceedings 40 14 Special procedure in certain cases 40 15 Provisions regarding employees lent to outside authority 41 16 Provision regarding persons borrowed from outside authorities 41 17- . Orders against which an appeal does not lie -42 18 Orders against which appeal lie 42 19 Appellate- authorities 43 20 . Period of limitation for appeals 43 21 Form and contents of appeal 44 22 Consideration of appeal 44 23 Implementation of orders in appeal 45 24 Review 45 25 Service of orders, notices, etc. 46 26 Power to relax time-limit and to condone delay 46 27 Amendment 46 ...
28 Removal of doubts 46
4. ORDINANCES GOVERNING LEAVE OF ALL EMPLOYEES OF THE UNIVERSITY OTHER THAN TEACHERS 01 Short title and extent of application ,. 47 02 Right to leave 47 03 Effect of dismissal, removal or resignation on leave at credit 47 04 Commutation of one kind of leave into another 47 ' 05 Combination of different land of leave 47 06 Maximum amount of continuous leave 48 07 Application for leave 48 08 Leave account 48 09 Grant of leave on medical certificate 48 10 Return from leave 48 11 Commencement and termination of leave 48 12 Combination of holidays with leave 48 13 Absence without leave and absence after expiry of leave 49 14 Earned leave 49 15 Calculation of earned leave 49 16 Half pay leave 50 17 Commuted leave 50 18 Leave not due 5.1 19 Extraordinary Leave 51 20 Leave to Probationer and Apprentice 52
(iii) 21 Persons re-employed after retirement 52 22 Leave preparatory to retirement 53 23 Cash payment in lieu of leave beyond the date of retirement or quitting of service 53 24 Cash equivalent of leave salary in case of death in service 53 25 . Leave salary 54 26 Casual Leave 54 27 - * Special Casual Leave < 54 28 Maternity leave 56 29 Quarantine leave — Deleted ......... 56 30 Authorities competent to grant leave 56 31 Conditions for grant of study leave 57 32 Maximum amount of study leave 57 33 Applications for study leave 58 34 Sanction of study leave 58 35 Accounting of study leave and combination with leave of other kinds 58 36 Regulation of study leave extending beyond course of study 58 37 Leave salary during study leave 58 38 Conditions for grant of study allowance 59 39 Rates of study allowance 60 40 Procedure for payment of study allowance 60 41 Admissibility of allowances in addition to study allowance 61 42 Traveling allowance during study leave 61 43 Cost of fees for study 61 44 Resignation or retirement after study leave or non completion of the course of study . ■" 61 45 Amendments 62 Form 1 Application for leave or for extension of leave 62 Form 2 form of leave account 63 Form 3 Medical certificate for leave or Extension of leave or Commutation of leave 64 Form 4 Medical Certificate of fitness to return to duty 65
5. ORDINANCES GOVERNING THE TRAVELLING ALLOWANCE OF THE EMPLOYEES OF THE UNIVERSITY 01 Short title and commencement 66 02 Extent of application 66 03 Definitions 66 04 to 0.6 Grades of University employees 66 07 to 13 General 67 14 Journey on Tour 68 15 to 18 Mileage allowance: General 68
(iv) 19 Mileage allowance for Journey bv rail 68 19 A (i) to 22 Mileage allowance for journey by Air 69 23 to 25 Mileage allowance for Journey by Road 71 26 to 32 Daily allowance 72 33 to 35 Journey on Transfer 75 36 to 38 Advance of Traveling allowance on Tour/Transfer 77 39 to 42 Miscellaneous 78 48tO 45 T.A. to persons not in-the services of the University 78 46 General 80 47 Amendments/Saving clause 81 .
6. ORDINANCES GOVERNING THE LEAVE TRAVEL CONCESSION TO THE EMPLOYEES OF THE UNIVERSITY 01 Short title and commencement • 82 02 Extent of application 82 03 Definitions 82 04 Journey to home - town 88 05 Journey to any place in India 83 06 General • 86 07 Amendments 87 7 . ORDINANCES GOVERNING THE REIMBURSEMENT OF MEDICAL EXPENSES TO THE EMPLOYEES OF THE UNIVERSITY Rule Noi ' T itle Page 01 Short title and extent of application . 88 02 Definitions 88 03 Medical attendance S.9 04 Medical treatment 89 05 Treatment at residence 90 06 Special treatment 90 07 Concession for families 90 08 Guiding Principles for regulating medical claims 91 09 Cash memo and Essentiality certificate 92 10 Time limit for medical claims 92 11 Consultation / Visiting fees and injection fees 93 12 / Maintenance of Sub -Register in respect of individual employees 93 13 Amendments 94 (V )
8. ORDINANCES GOVERNING THE CODE OF CONDUCT AND DISCIPLINE FOR PROTECTION OF WOMEN AGAINST SEXUAL HARASSMENT Preamble 95
1. Short Title and Commencement 95
2. Definitions 95
3. Prohibition of Sexual Harassment -97
4. Sexual Harassment Prevention Committee [Committee for short] 97
5. Complaint and enquiry by Sexual Harassment Prevention Committee 98
6. Penalties 99
7. False Complaint/Deposition 100
8. Protection against Victimisation 100
(vi)
PART—I EXTENT QF APPLICATION
1. These rules may he called the "Pondicherry. University (Non-Teaching Employees Terms and Conditions of ~ Service) .Rules". ' These rules, shall ,b,e deemed to have come into force from ,16th October 1985.
2. i Subject to the provisions in the Act and Statutes, these rules shall apply to the employees of the Pondicherry University other than the University teachers.
1, ORDINANCES GOVERNING THE TERMS AND CONDITIONS OF SERVICE OF ALL EMPLOYEES OF THE UNIVERSITY OTHER THAN TEACHERS
PART—II DEFINITIONS AND INTERPRETATIONS
3. Unless the. context otherwise •requires, - -the various terms used in these rules will have the meanings a_s,-^plained below. :
(i) A verage Pay moans the average monthly pay earned during the 10 complete calendar months immediately proceeding the month in which the event occurs which necessi- ' tates the calculation of 'average pay.
(ii) C adre means the strength of a service or a part of a service sanctioned as a separate unit.
(iii) C om pensatory A llow ance moans an allowance granted Jto an employee to meet-the personal expenditure necessitated by the special circumstances in which duty is per formed. It includes travelling allowance.
(iv) Duty includes (a) service on probation provided that such service is followed by confirmation; (b) joining time. An employee may be treated as on duty during the course of instruction or training.
(v) Em ployee (non-teaching) means a University Employee other than Teaching Staff.
(vi) Fee means a recurring or non-recurring payment made to an employee from a source other than the funds of the University whether made directly to the employee or indirectly through the intermediary of the University but it does not include un-earned income.'-such as income, from property, dividends and interests on securities and income from literary, artistic, cultural, scientific and technological efforts.
(vii) H onorarium means a recurring or non-recurring payment granted to an employee from the funds of the University as remuneration .for special work of an occasional of intermittent character.
Short title and commence* ment Extent of application Definition?* and interprc' talons 1
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(viii)
(xv)
(xvi)
(xvii) xviii)
(xix) F oreign S e rv ic e means service in which an employee receives- his pay with the sanction of the University from a source other than the funds of the University.
Jo in in g T im e means the time allowed to an employee to travel to or from a station to which he’ is pbstetf^'ri'^ansfeHfroTn’̂ drnd'^Sitfoh *the jurisdiction of the University. " /l ' - - - ' ;
Leave S a la ry means the monthly amount paid by the University to an employee who is on leave.
Lien mearts the title of an"'erfipToVee to hold substantively, either immediately, or on the termination of a period or periods o f . absence, a perm anent post, including a tenure p o st,.to which he has been appointed substantively.
M on th means a calendar month. In calculating a period expressed in terms of months and days, complete calendar months, irrespective of the dumber of days in each, should first be calculated and the odd number of days calculated, subsequently.
O ffic ia tin g means an-iemployeeiofficiates1 tattaartpost vyWbh5%e»^effSTmlS' tftei‘d&ties of a post on which another employee is holding a lien. An employee may also officiate In a vacant post on which no other employee holds a lien.
Pay means the .amount d raw n monthly by an em ployee_af:
(a) The pay other than special pay or pay granted in view of his personal qualifi cations which has been sanctioned tor- a ,f postr-Hdlds^y^fiim^dBstanth/ely or in • an officiating capacity-or to which he a cadre; and
(b) Special pay and personal pay.
P erso n a l P ay m eans additional pay granted to an employee^—
(a) to save him from loss of substantive pay in. respect of a pernqanent post, other than a tenure pos.t, due to revision of pay or to any reduction of. such sub stantive- pay, otherw ise than as a ’ disciplinary-'HfeasurS^*®KSrr'''1 1
(b) in exceptional circumstances on other personal considerations.
P ro b a tio n : A person on probation in a post is one appointed to that post for determining his fitness for eventual substantive appointment to the, post.
S pecia l Pay means an addition of the h'ature of pay, W tH# emoluments of a post or of an employee, granted in consideration qf,; . ,
(a) the specially arduous nature pf the duties or-
(b) a specific addition to the work or responsibility.
P e rm a n e n t P o s t means a -post carrying a definite rate of pay sanctioned without limit of timer ' 1 - ' - ■ . ' S u b s ta n tiv e Pay means the pay other than special pay or personal pay to which an empioyee is entitled to on account of a post tb Which lie h a s 'b e e n appointed substantively.
2
(xx) Subsistence G rant means monthly grant made to an employee who is not in receipt of pay or leave salary.
(xxi) Tem porary Post means a post carrying a definite rate of pay sanctioned for a limited time.
(xxii) Time Scale Pay means pay which rises by periodical increments from a minimum to a maximum.
(xxiii) Travelling Allowance means an allowance granted to an employee to cover the expenses which he incurs in travelling in the interests of th‘o University.
(xxiv) University means the Pondicherry University.
PART-111 GENERAL CONDITIONS OF SERVICE
4. (1) The non-teaching posts in the • University shall be subject to such classifications as Government by any general order or special order make from lime to time be classified as follows:- ' SI, No. Description of Posts . Classification of posts 1 A post carrying a pay or a scale of pay with a maximum of not less than Rs.13500/- Group - ‘A’ 2 A post carrying a pay or a scale of pay with a maximum of not less than Rs.900Q/- but less than Rs.13500/- Group - 'B' 3 A post carrying a pay or a scale of pay with a maximum of over Rs,4000/- but less than Rs.9000/- ___ , Group - 'C' 4 A post carrying a pay or a scale of pay with a maximum of which is Rs.4.000/- or less Group - 'Dj Posts Recruitment and appointments 3 E .H O L -u ^ i.e -N T s t q ' v-s ot= - s ^ i / ' o e 0 /= T M £ - R.£L<3rf^> T R . Pr R. . Xf^dt^y tffvd ^h If (2 ^ 4 CJ) c> 0 , ‘ .
Tile Registrar shall be a whole-time salaried officer of the University and he/she shall receive pay l>e:;i<!e;i allowance,1: au mlmi.ssihlu to the University Stuff, in the sente of pny of Rs. 16400-45 0-20900-5 00-22400 or as'revised from time to liineby the Executive Council. I-lis/lier appointment shall be for a term of five years and it may be renewed for similar terms.
Provided that in Lhe event of the Office of the Registrar being filled by obtaining the services of a person on deputation / absorption,Jhe salary and other service conditions.:
shall be such as may be admissible to him according to the terms and conditions finalized in consultation with the parent Organisation.
2. Registrar shall perform- his/her .functions and duties as.laid down in the Statutes and' Ordinances.
3. Registrar shall be provided with unfurnished University accommodation for which he/shc shall pay rent at the usual rate.
4. Other conditions o f service o f the Registrar shall be as provided in the "Contract, of Service of Officers" (enclosed) and approved by the Executive Council, subject to such other additional cond.itions us may be specified by the Executive Council.
5. The contract o f service,- o f the Registrar shall be signed, on behalf o f the University, by the Officer performirvg the duties o f the Registrar at that time or by the Finance O fficer' of the University. > \ 4 l i Fdrju of .Contractor Service for Officers ig ^ ^ m o riin d u m ; of Agreement made this the ............ ............................. day of f. • ............ . between ....; ........................................ (hereinafter called the ‘Officer’) of $ "lh®."J>ont*ichcrry University being a body cbrpofaie constituted under the •TtwiitHhHerb ^University. Act, 1985 (No. 53 of 1985) (iicrcinafter .called the ’University’) of the •*jtops .̂?;i. .:'r n...:' • •• second part. • - It .is hereby agreed as follows: i l. That the University hereby appoints....................... t|o be. an officer.of the University '•■with effect from the ..................... and.the said ........1........... /hereby accepts the engagement and undertakes to take such part in the activities orf the University and perfomi such duties in the University as iriay be required by and in accordance with the said Act, Statutes and Ordinances framed there under, for the lime being in force, .
, . 2. The officers pay will be fixed in the scale of Rs. _____ ;________ . In iiuconlimett wijli mien applicable.for (lie University employees mid hc/shc/slic will be eligible fetr norma! inercmenls as applicable in the rule.
3. That the sa id ......................; ....................... shall be a whole time Officer of the University and unless the contract is terminated by the Executive Council or by the Officer before the expiry of the term of his/her/hcr appointment for which he/she/she is appointed or is terminated as hereinafter provided, shall continue in the service of the University’for the period of his/hei ■ appointment as’ aforesaid. " ' ■ .» •••’• ' - ~ .4. That the said Officer rigrees to be bound by the Statutes, Ordinances, Regulations anc Rules for the time being in force in the University, provided that no change in the terms anc conditions of service of Officer shall be made after his/her/her appointment in regard tc designation, scale of pay, increment and provident fund so as to adversely affect him/her.
5. That lire Officer shall devote his/hcr/hcr whole time to the service of the University am I shall'not, without the written permission of the University, engage directly or indirectly, in an;
h.. trade or business whatsoever, or other work to which any emolument or honorarium is attached.- 'i* 6. It is further agreed that his/her/hcr engagement shall not be liable to be terminated befor the expiry of the aforesaid period of-appointment by the University except on the ground o misconduct as laid down in Statute 27 of the Statutes of the University.
$ 7. Any dispute arising out of this contract sliall.be settled in accordance with the clans
(2), of Section 3 1 (reproduced below):
"Any dispute arising out of a contract between the University and any employee shall at 111 request the employee, be referred to a Tribunal of Arbitration consisting of one menibt 5 appointed by ihe Executive Council,- one member nominated by the employee concerned and an !
umpire appointed by the Visitor. The decision of the Tribunal shall be final, and no suit shall lie in any Civil Court in respect o f the matters decided by the Tribunal, Every such request shall be deemed to be u submission to arbitration upon the terms or this section within' the meaning of the Arbitration Act, 1940”.
; uie executive'8. The Officer may, at any time, terminate his/hcr/hcr engagement by giving Council three months’ notice in writing, provided that the Executive Council1.may waive the ■isr . - ' -r'. in.! •< !
fllmiirement of notice at its discretion. h ‘J .4
9. Oh Ihe tennihation o f lilts engagement, from whatever cause, he/she shall handover to -University all records and such other articles belonging to the University as may be due from • i f c , , . ' _ . . . . . . ■' d - '- 'i i* :■■■) -‘I 'U f . '•> ••!'•••• ' a -m /h o r s .- i- In Witness whereof the parties hereto affix thejr hands and seal.
Signature : ‘ ’(l Designation :
hi presence of
1. Signature Designation
2. Signature Designation Signed and sealed on behalf o f the University under the authority o f the Executive Council Signature Designation Signature Desipnnlion
1. Signature Designation in the presence of
2. Signature Designation 6 I E H P.-fi'* & r/"T 3. , r a <t<*oA .**,*)£> 0 p ^>£# V '< .& Uf (1 ) (3 > & £ - ? » § - o V .g y ^ R , ; u j I. The Finance Officer shall be a whole-lime salaried officer o f the University and I he/shc/she shall receive pay and other allowances udmissibtc in the pay scale o fR s .
I 16400-450-20900-500-22400 or as revised from time to time by the Executive Council. His/her/] ler appointment shall be for a maximum period o f five years.
Provided dial the Finance Officer shall be appointed on deputation basis from an ? . organized Accounts/Audit servicc/cadrc, flis/her/hcr salary shall ' be such as ,f admissible to him/her according to the rules of -deputation' o f service to which t h.e/she/she belongs.
12. The Finance Officer shall perform his/her/her duties and functions as laid down in the j. Statutes and Ordinances o f tire University.
• 3.-: - The Finance Officer shall.be provided with unfurnished University accommodation for : which hc/she/she shall pay. rent at the usual rates. ' *4. . Other terms and conditions o f service: o f the Finance Officer- shajTbe-as prescribed in ; the "Contract of Service o f the Officers" and approved by the Executive Council ! subject to such other, additional conditions as may h e specified by the Executive j Council. „ '• : .>■ «-5, The contract o f service o f the Finance Officer shall be signed by the Registrar on . hchnlfnflhc University. 1 ,
(2) Qualifications for Appointment:
The age, ^qualifications and method ofc- recruitment for appointment to various posts in the University shall be such as may be prescribed in the relevant recruitment rules or as determined by the Executive Council from time to time.
(3) F itn ess;
(a) Appointment of persons by direct recruitmont (or a period lor more than 3 months shall be subject to their being found medically (it by the Medical Officer of the Univorsitv or any Other Medical Authority authorised for the purpose or by a' Medical Officer not bolow the rank of a Civil Surgeon.
7 lb) No person shall' be appointed''to- any iStfstr:UnlbWKtHS/%|(|8ifiting Avirthority is satisfied that he possesses good character and conduct. • ' uv‘. v. i;
(4) M e t h o d s o f R e c r u i t m e n t :
R e c ru itm e n t to p o s ts m ay b e m a d e — • - . t.S v #.:: r .1,
(i) b y d ire c t re c ru itm e n t o r , f f *1 J! > llAi-,! i ’ i.
(ii) b y p ro m o tio n . ,q r , |(. oU A *t•»■*/
(iii) ■b y tra n s fe r o r ' .. r: 4'Vtf"S\v k.jW .x ixn *
(iv) b y d e p u ta t io n f ro m -G o v e rn m e n t' DOjSSrtmefife S tif f 'cftftirKiHlftTKiyons.
(5) R e c r u i t m e n t b y P r o m o t i o n :
-.I*- wiA*
(i) Appointment to a post in any grade by promotion shall be made, whether in a permanent or offidTaWng5 c!a'paSifv^dm : am 6ngs^m plo 'yees' serving in posts in the next lower grade.
(ii) Every appointment try promotion shall Ee’on t6e,lEbsls‘pfsuitaBitity due m paid to seniority. ' s tf: ; J .
regard being.
(6) A p p o in tm en t :
(i) • Appointment to a post shall be made by the Executive-Council or by the Officerauthorised by it for the. purpose on the recommendations of Selection Committee constituted for the purpose from time to time.
(ii) The age, educational and other qualifications for apppjritEoent.Sq th e . post and the methods of recruitment shall be such as may be determined by-the Executive Council from tim e'ttf 'T i#)&/''“~’:n; . ; •: < lu ~ ','W| r ; '* ' • h .«» i
(7) Ad hoc A p p o in tm e n ts ;........ - . If '-'M ■ »'» ) Jtfv1.: **■ Notwithstandnig anything contained in the abbVe" rule, th e Executive1 '-Councif may by a general or special order and subject to such conditions as it may specify in such order delegate, to any authority in ,the University the power to make acfhoc appointments.
(8) A p p o in tm en ts in th e p lace o f-em ployees--d ism ls'sed-o i’-pem oved -or-reducad t Where an employee has been dismissed, removed: ;or&reducad.hrQmoany»<eadteOin The service, no vacancy caused thereby or arising subsequently in such cadre in the service shall be substantively filled to the prejudice of such person until the appeal, i f any, preferred’ by him against such dis missal, or reduction is decided, and except in conformity with such decision or until the time alfciwed for preferring an appeal has expired, as the case may be. • . . - ' ' .
(9) R e-em ploym ent in serv ice beyond th e d a te o f su p e ra n n u a tio n :
Notwithstanding anything contained in, these rulesjrtbe tExecutiyo^Gouaejl shalkhave power:
(i) to extend the services of the employees of the University beyond the age of super annuation;
8
(li) to re-employ •persohsW ho havff worked'Under the-Central Government or State Govern ment or Union Territory Government or "other Universities and who have retired from service on superannuation or on other grounds except on invalid grounds.
(Hi) to absorb permanently Government servants who have been on deputation to the University and to retain them on re-employment basis.
The over-riding consideration by the Executive Council for the grant of extension of service/re-employment is that it must be in the interest of the University and in additiort’satisfy one of the fo'flOwirig two conditions:
(a) that no. suitable person could be made available from the lower' cadre on pro- %Sfron ferthere is shortage in that cadre; i (bj thaj. the Retiring .officer is of outstanding merit. Provided .that .no Officer shall . be reta in^ ,.in the seryipe of th e . Mpiyetsity beyond two.jyea/.s from the date of superannuation prescribed by the University.
(10) Except as otherwise provided1 in these -rules, the whole time of the..employee of the University is at the disposal of the University which .pays him and he may be employed in any manner required by proper authority without claim for additional remuneration.
5.. (a) The absence of an employee of, the University, front duty,, whether on leave or on foreign .serMicanshall not render Kim ineligible to the privileges, in Tespect of seniority, - promotion and confirmation which he-.would have enjoyed but for-his-absence if he is fit.; qtbefwise.
(b) No. permanent employee shall be granted leave of any kind for a continuous period exceeding five years.
(c) When- an'jejnplpye.e does ngt-resume duty after remaining-on leave .for a . continuous- , or .yyhere an (.employee after the. oxpiry of his leave remains absent f;Qp)..4uiy..pthenyi^ than on foreign service or on account of suspension, or for any period which together with , the period of the leave granted to him exceeds five years, he shall unless the Executive Council, in view of the'exceptional circumstances of the case otherwise determines, be deemed to have resigned and shall accordingly cease to be in the University service.
TENURE
6. (1) Every person appointed on regular basis to a post in the University whether by promotion or by direct recruitment, shall be on probation in that post for a period of two years.
Provided that the appoinfn'g' authority may, in any individual case, extend the period of probation for a further period not exceeding 2 years the reasons thereof to be recorded In writing.
(2) Where a person appointed to a post in the University on probation is, during his regular period of probation, or extended period of probation found unsuitable, for holding that post or has not completed his period of probation satisfactorily the appointing authority may;
(i.) in that case; Ofr person appointed by.promotion revert him to the post held by him immediately before such appointment; and Employees absent from duty Probation and confirmation 9 Seniority Temporary and permanent service Termination of service .
Retirement
(ii) in the case of a person appointed by direct recjfujtrnent tqrmipate his services under the University without .notice. .
(3) Every person appointed to a permanent post under the University by promotion or by direct recruitment shall, on satisfactory completion of his period of -probation be eligible for confir mation in that. post.
(4) No employee shall be confirmed in any post unless— (') the service of the employee under the University is approved, by the Appointing Authority. ' 1 '
7. The seniority of an employee regularly appointed to a post according fo rule shall be determined by .
the order of merit indicated at the time of initial appointment, provided that the relative seniority of alt direct recruits shall be determined by the order of merit in which they are selected for such appointment on the recommendation of the duly constituted selecting authority irrespective of date of joining the post, persons appointed as a result of an earlier selection being senior to those appointed as a result of subsequent selection. ;
8. (i) An Employee shall be a temporary employee of the University until he is confirmed in a post under .
the University.
(iij An Employee confirmed in any post under the University shall be a permanent employee of the University.
9. (1) The Services of a temporary employee may be terminated by the Vice-Chancellor/ Executive Council without assigning any reason at any tithe by a notice of one month in writing given to the employee or forthwith by payment to him of a sum equivalent to the amount of his pay plus allowances for the period of the notice at the seme rates at which he w as drawing them ' immediately before the termination of his services, or as the fciise may bp; fdt the period by which such notice falls short of one month.
(2) The services of a permanent employee may be terminated by the Vice-Chancellor/ Executive Council at any time by a notice of three months or on payment of. pay and allowances drawn by him immediately before the termination of. his service for such period 'as the notice falls short of. three months, or without notice On payment of three month's pay plus allowances drawn by him immediately before the termination of hip service, if th e 'p o s t-in which he was confirmed is, abolished. "
(3) An employee who is given notice of termination of service under clause (2) may be granted, during the period of notice, such earned leave, as may be admissible to him, and, where the leave so admissible and granted is more than three months, his services shall be terminated on j the expiry of such leave. j
10. (1) Except as other wise provided in this rule, every employee of the University shall retire from service ] on the afternoon of the last day of the month in which he attains the age of 60 years provided that an employee whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.
(2) No employee shall be granted extension in service beyond the age of retirement of 60 years {save under special circumstances with the sanction of Executive Council).
However, in any case of service exigencies, the services of any employee are required, beyond the age of superannuation, such employee, on a case to case basis may be allowed to continue in service on ‘re-employment terms & conditions' for a maximum period of two years or till such time, such exigencies ceases, which ever is earlier with the approval of Executive Council.
10 I ' . . «.• | (3) Notwithstanding anything contained in this rule, the Vice-Chancellor shall, if he is | of the opinion that it is ini the interest of the University so to do, have the absolute right to retire I any employee by giving him notice of not less than three months in writing or three months' pay land allowances in lieu o f,such notice;
| (*) if Hb is in Group A or Group B service or post and had entered the University I Service before attaining the age of thirty-five years, after he has attained the age of I fifty years;
I (ii) lit any other case after ha has attained the age of fifty-five years.
1 | (4) Any employee may, by giving notice of not less than three months in writing to the | Vice-Chancellor, retire from service after he has attained the age of fifty years if he is in Group A | ot Group B service or post and had entered the University service before attaining the age of thirty- |five years.and in all other cases after he has attained the age of fifty-five years;
| Provided-.that -it shall be open to the Vice-Chancellor to withhold permission to an employee Itrnder suspension •.rWhp . seeks retirement under this clause.X M-'| I (5) At any time after an employee has completed thirty years qualifying service— !
s (a) he may retire from service, or
(b) he may be required by the Appointing Authority to retire in the interest of the University and in the case of such retirement the employee shail be entitled to „a retiring pension.
Provided tha t—
(3) An fj^plpyeB^haiiagiyje -ipigtice in vyriting to the Vice-Chancellor at least three months jbefpie.d^e date on which he vyishes. to retire.
(b) the Vice-Chancellor may also give a notice in writing to an employee at least three months before the date oh which he is require^ to retire in the interest, of the University or three months5 pay .and allow ances in lieu of such no tice:
iPrpyfded further that w here ,the employee giving notice under clause (a) of the . preceding proviso isu n d e rsu sp en s io n , it shall ,be open to the Vice-Chancellor to yy|thfjpid permission to such employee to, retire under this rule.
(6) (i) At any time after an employee has completed twenty years qualifying service, he may, by giving notice of not less than three months in writing to the Vice- Chancellor, retire from service.
(iij. The.-notice of voluntary retirement given under sub-rule (1) shall require accept ance by the Vice-Chancellor;
Prodded,,th?t -where the Vice-Chancellor does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.
11 Resignation Special ■ provision for existing employees Service Books Confidential reports Tests or examinations Residuary conditions of Service
(iii) An employes, who has,elseted- to retire,.ynderthis rule and has given the neces sary notice 'to that effect to the Vice-Chancellor, shell be precluded from with drawing his notice except with the specific approval of such authority:
Provided that the request for withdrawal' shall be made before the intended date of his retirement,
11. Subject to the acceptance of resignation by the Vice-Chancellor a permanent/temporary employee may, by notice of three months/one 'month %s the' case, may be, In Writing addressed to the Vice-Chancellor resign from the service, o f ,the University, or by payment of salary in lieu thereof:
Provided that the Vice-Chancellor may, if it deems proper in any C8$e, permit a permanent/ temporary employee to resign from service or. notice of less than three months/one month.
12. Every person holding-'a <po¥t%ftdef,:lhe'1JhiV6fsitV Sffef the” Commencement of these rules but before the publication of these rulea; shall 'be* deemed td-have ■ been appdiiited under the pro- , visions of these rules and shall draw the pay drawn by him immediately before the Issue of these rules. v '
13. (i) The University shall maintain a Service Book for each employee in such form as may be prescribedwbytrthfftCiitecudvadtSbiSn'eil. d • :-d" vxv- r--\ '
(ii) The entries in the Service Book of an employes shall be made by the officer authorised in this behalf by the Vice-Chancellor.
14. (i) Such officers of the University as may be prescribed by the Executive Council, shall report confidentially Sacfi? fjSStfiSt if^Sfdmii on the work and conduct of th e i smjsloy!^ W t t o W q W ^ c I f ^ e r i o d s not less than three months in the financial year immediately precaeding . and fotvyard their reports to the Registrar or any other officer authorised for tne purpose.
(ii) The Reviewing-'Officer;:.theMneXt'bigher«acithofity’hwilNhave ^the discretion to determine which unfaypurable reports pr po^qns: thereof .are vye|gl\t .enough to be communi cated to the officer ' reported1 dgafim.' AU' adVeisb' ehtriesr 'should be communicated within a specific period' to ' ^ l ^ ^ ^ l f t !"b'wcern»d: ^ ^ ^ ^ ‘̂ p& ehtation against the adverse remarks will have’’ t& b e '"made wiifuh '^o '^m o n th 's and would lie to the next h igher,aw bg$y ....
15. University employees shall be required.;to,gjssau,ch deB fF tt^^fl And; other tests or exami nations as may be prescribed by the Executive Council The Executive Council may also lay down rules regarding the periods within wKichTthT tiiStl^l&dtd^e^AiMdl^w'iddnswfuences of not passing the tests and other cognate matters.
16 . Arvy matter relating to the condhTonS1 Of servlcf vdf aW'erh'pIdyee for which no provision is made in these rules shall be determined by the Executive Council.
12
17. Not withstanding anything contained in these Rules the Vice-Chancellor may, if he is satisfied Rat there existed an extraordinary situation, notify certain categories and number of employees as m may deem necessary, as essential to perform certain duties for maintaining services considered ^dispensable for a period not exceeding 90 days. Refusal to attend to such duties will render them fable for major penalty including dismissal from service.
18. Notwithstanding anything contained in these rules, the Executive Council may. in the case fof any employee, relax any of the provision of these rules to relieve him of any undue hardship fansing from the operation of such provisions, or in the interests of the University.
19. Where a doubt arises as to the interpretation of application of any of the-provisions of jphese rules, the matter will be referred to the Executive Council and its decision shall be final.
below:
PART-V PAY AND ALLOWANCES
20. The standard scales of pay for the posts created in the University service shall be as detailed C lassificatio n Scale of Pay
(1) Pre-revised Revised
(2) (3) G roup A Rs.4500-150-5700-200-7300 Rs.18400-450-20C)00-500-224fl0 . Group A Rs.3700-125-4950-150-5700 Rs.12000-420-18300 - • „' G roup A - Rs.2200-75-2800-10CM000 Rs.8000-275-13500 Classification With effect from 1.1.86 W ith effect fro m 1.1.96 G roup B Rs.2000-60-2300-EB-75-3200-100-3500 Rs.6500-200-10500 G roup B RS.2000-60-2300-EB-7S-3200 Rs.6500-200-10500 G roup C Rs. 1640-60-2600-EB-75-2900 Rs.5500-175-9000 Group C . - - ~ R8.1400-40-1600-50-2300-EB-6P-2600 RS.50QO-4 50-8000 G roup C RS.1400-40-1800-EB-50-2300 Rs.4500-125-7000 G roup C Rs.1320-30-1560-EB-40-2040 Rs.4000-100-6000 G roup C Rs.1200-30-156fi-EB-40-2040 Rs.4000-100-6000 G roup C Rs.975-25-1150-EB-30-1540 Rs.3200-85-4900 G roup C Rs.950-20-1150-EB-30-1500 Rs.3050-75-3950-80-4590 G roup C Rs.950-20-1150-EB-25-1400 Rs.3050-75-3950-80-4590 G roup C Rs.825-15-900-EB-20-1200 Rs.2750-70-3800-75-4400 G roup D RS.800-15-1010-EB-20-1150 Rs.2650-65-3300-70-4000 G roup D RS.750-12-870-EB-14-940 Rs.2550-55-2560-60-3200 Note : The pay scales which have been extended to the existing incumbents with prior permission of the competent authorities, but are different from those approved by the Government, shall be given as personal to the current incumbents of those posts on the consideration that they have already been drawing benefits of the grade in the pre-revised scale. Once the incumbents vacate the post, the pay scales would be reverted to the approved level, which exists In the Government.
Maintaining of essential service Power to relax Removal of douhts 13 fniiial pay No Post shall ordinarily be created in a scale of pay other than those mentioned above.
21. An employee shall, on his appointment to a post on a time-scale of pay, draw pay at the minimum of the time-scale unless the Appointing Authority decides that he shall draw pay at any higher stage :
Provided that, when such appointment Is- made by promotion—
(i) The pay of the emplayee' wUI first be** increased-by one increment in the lower scale, and then fixed in the higher scale at the stage next above. The employe’s shall, however, have the option to be exercised in writing within a period of three months of his promotion, either to have his pay fixed in the higher scale Of pay from the date of promotion or from the date on which his .(text annual ..increment falls due.
The option, once ex e rted , s&^Jlj^be -final. .
(ii) If he had. previously served In the same post or ip, cany other'- post under the Univer sity on the same or identical time-scale of pay. and was drawing pay higher than the pay admissible to him under clause (i) he shall draw such higher pay and the period of his duty in such post on such pay shall also count for purpose of increment in the higher post.
(iii) Fixation of pay of re-employed pensioners . The.. ipitiaj pay of a pensioner including officers pensioned off and retired on Mfntributory ̂ provident fund and from the service of* State Government Railways and Defence Establishments, etc., re-employed In the - University should be fixed at the Minimum stage of th e scale of pay prescribed” for the post in which the'individual is re-employed. In addition he may be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefit (G.P. Fund, Gratuity commuted value-of pension, etc.,.) provided the total amount of initial pay plus the gross amount of pension and/or the pension equivalent of other forms of retirement benefits does hot exceed :—
(1) The pav he drew before his retiremeht'fPre-retirement pay) or
(2) Rs. 26,000/- whichever is less Note: fl J in all cases where either of these limits is exceeded the pension and other retirement benefits’may be paid in full and the riecessiit 'adiUstment made in the pay so as to ensure that the total: of pay end pensionar^be/iefits is within the prescribed limits.
After the pay is fixed either*lit the minimum d r -higher stage, or below the minimum as a result of the said adjustments, increase in p a y d a y . be alloyvad after each year of sendee at the rate of increments admissible, as if the pay had been fixed at the minimum or the higher stage as the case may be.
14 :U .
N ote : (2) Pay last drawn before retirement will ba taken to be substantive pay plus special pay, M any: pay drawn in an officiating appointment may be taken into account if it was drawn continuously for at least one year before retirement.
In casp..«yt>e<£ jh e minimum pay of the post in which the officer is re-employed is more than psy .drawn. the officer concerned may be allowed the minimum of the prescribed scale jiOStfes^perisioo and pension equivalent of other retirement benefits.
Once initial pay of re-employed pensioner has been fixed in the manner indicated above he may be allowed to draw normal increments in the time scale of the post to which he is appointed provided that the pay and gross pensioh/Pension equivalent of the retirement benefit taken together does not at any time exceed Rs.26.000/-. ' ‘ - In the case of Officers holding Group A post who retire before attaining of 55 years, their 1st Rs.
1500/- of Pension, shall be ignored in fixing their initial pay on re-employment.
Persons who were in re-employment in the University service as on 1.1.96 and who were drawing pay in the pre-revised scale of pay, the initial pay of such re-employed employees of the University, shall be fixed in the manner indicated in the Govt, of India O.M. Dept, of Personnel & Training O.M.No.3/12/97.
Estt.-dt.19.11.1997.
Notwithstanding anything contained in the foregoing paragraphs the Vice-Chancellor, in special circumstances, shall have the power to fix the pay of the re-employed pensioner at a higher stage and permit him to draw the normal increments in the time-scale of the post to which he is appointed.
22. (i) An increment shall ordinarily be drawn as a matter of course unless it is withheld by the competent authority if the conduct of the employee has not been good or his wdife 'lias not been satisfactory.
- fti) W henan.efficiency bar is- pcescribed in the time-scale, the increment next above that bar*shaiiijn«t be given,to ap. employee wtthoutispecifir; sanction;of the Vice-Chancellor.
23. ( a f f AH duty in a pdst oh a^imS-’scaT'e df pay courits foVincrementsiin that time-scale.
Sewreevift another equivalent or higher-post, foreign service and joining time will count fot increraents. >
(c) All leave except extraordinary leave taken without medical certificate will also count for increments.
(d) •„•»* ;«xtreordio.a® teie/e-aSeniEtidfted-jfpr thefollovying; purposes shall automatically count as qualifying service far pension and increments without any further sanctions
(i) Extraordinary leave granted duo to inability of a University employee to join or rejoin doty on account of civil commotion.
(il) Extraordinary leave granted to a University employee for prosecuting higher technical and scientific studies.
24". (V) Ahdrhpl6V^dhder:‘sU|pen'Sioh shall, duringthe periodvot suspension, draw subsistence allowance equivalent to half-thb’ rate of pay %htch’ is ■ admissible to him immediately before the commencement of the’ suspension and in addition the dearness allowance as sdmissbite on the basis of that pay and Such compensatory a'lfowSnces admissible from time to time on the basis of pay which he was .in .receipt oh. the date of suspension, subject to fulfilment of other conditions laid down for the drawal of such allowances.
\5 increments Service counting for increments Pay during susiwnsion
Provided that where the period of suspension exeaadsahiWftr'mftBths, the authority which made or is deemed to have made the order of suspension' shall be. com petent to vary the amount of subsistence allowance for any period subsequent to-the period of the first three months as follows:
(i) The amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during' the period of the first three months,1 if, in the opinion of the1 said authority, the period of suspension has been prolonged for reasons, to be recorded in writing, not directly attributable to the employee.'
(ii) The amount of subsistence allowance m ay-be-'reduced by a suitable amount, not exceeding 50% of the subsistence allowance admissible during the period of the first three months, if in the opinion of the authority, the period of suspension has been prolonged for reasons to be recorded in writing; directl^ bttribotabi’e to. the employee.
(iii) The rate of the dearness allowance^ will be*based on th e increased'or; a s- the case may be the decreased amount of subsistence'allowance admissible-under-sub-clause (i) and (ii) 'above.
(2) No payment under sub-rule (i) s h q j l J i p | g s £ . t } » e , employeeftjntlshes a declaration that he is not engaged in any other employment, business, profession or vocation during the period of suspension. Provided that in; the"ca'se; of aiV'liihbtb'yee' disSnissfed/teVmihated-^fom service or com pulsorily retired from service' w ho is'deem ed to have been tpll3Cf&'d?.6ri fo cbntinue; to be under sus pension from the date of such dismissal, or termination of service or compulsory retirement and who fails to produce such a declaration for any period pf periods during wjtich he is deetnqd to be placed or to continue to be under suspension, he shall be entitled to the amount by which his earnings during such period or-periods a s - t h e c a s e ma y be, fall^-short, o.k.theiamount, of-subsistence allowance and other allowances that would otherwise be admissible tanhim j. where tha subsistence allowance and other allowances admissible to him are. equal to or less than the am ount’earned by him, nothing in this proviso shall apply to him, .
(3) The permissible deductions horn the subsistence allowance will be of the following two categories :
(a) Compulsory deductions
(b) Optional deductions Com pulsory d ed u c tio n s :
( i) * Income-tax andi Suppr-tax ,(Hrovidac!.Htbei3eSiBis.y#<e .yearly,-, income calculated with reference' tO'SUbsistencenallo.yvapaa.'is^jaxablej-iiiiri
(ii) House rent and allied, charges, i,g.. electricity, w ater,. furniture, gtc.
(iii) Repayment of loans and advances other than from provident fund taken frdm University at such rates as the Registrar may decide.
16 O p tio n a l d e d u c t i o n s ■:
The daductiqns falling under this category should not be made except with the employee's written consent:
(i) Premia due on Life Insurance Policies. !
(ii) Amount due to Co-operative Stores and Co-operative Credit Societies.1 ((it) Refund oT advance taken from Provident fund.
The deduction of the following nature should not be made fromjthe subsistence allowance. ' '
(i) Subscription to Provident Fund.
(ii) Recovery of loss to University in which an employee is responsible.
25. The University may sanction to an employee, in any special circumstances, such special Specie.! pay.
pay, personal pay, honorarium or fee on such conditions as may be prescribed by regulations. honorarium'’ and fee
26. (i) An employee shall be entitled to draw the pay of the post to which he is appointed Drawat of from the date on which he assumed charge of the post, if joining on tho forenoon pa5, of that day; otherwise, from the next day.
(ii) Unless the Vice-Chancellor, in view of special circumstances, otherwise orders, pay in respect of any month shell become payable on the last working day of the month to which it relates; except for the month of March which will be disbursed only on the first working day of April.
(iii) Unless the Vice-Chancellor otherwise directs an employee resigning from service of the University without giving the prescribed notice shall not be allowed to draw pay due but not drawn.
27. (i) An employee appointed to hold full additional charge of the duties ot a higher post pay and will receive pay of the higher post ■ howSg’'** additional
(ii) An employee placed in Charge of the full duties of a posi of status equivalent to charge .V his own basic post will receive allowances at the rate of 10% of the presumptive pay of the additional post.
(iii) No allowance Will be admissible when an employee holding one post is placed incharge of tbe current duties of a post of equivalent status of his own basic post.
The employee concerned will receive pay in his basic post only.
(iv) An employes holding one post when placed in. charge of the current duties of a ' lower post will not receive any allowance for the additional work.
(1) The additional pay or allowance will not be period of additionalcharge is 30 days or lass.
admissible if the
(2) The additional pay or allowance will not be period exceeding sixmonths at a time.
admissible for any 17 Compcn- 28.- Tho employees of the University will be eligible to draw.Dearness Allowance, House Rent stilowance Allowance, City Compensatory Allowance, Travelling Allowance and other allowances as sanctioned by the University according to. the rules In Woft^Time Conditions pre scribed for the drawal of these allowances. ' , .
Pwwc wtl -v, uaJ o 29. Unless there is anything repugnant in the: Pondicherry University Act, Statutes, Ordinances, any amendments to Fundamental 'Rdl4s‘'and^^bp^lem yiary Rirt*v-shall' be deemed to be the amendments of the relevant provisions of thase rules or any order or any administrative instructions already issued/to ba issued by the Central Government shall be deemed to Jra ;the orders of administrative instructions under these rules with affect from the date of such a'mendmjA|s/o;($?rs brought into force by the Central Government.
30. “The reservation in recruitments to non teaching posts shall be made as per reservation policy of UGC / Government of India as communicated by UGC from time to time".
18
2. ORDINANCES GOVERNING THE CONDUCT OF , THE 1 ^ ’T tfE '
PART—l
1. (1,) These rules. m aybe. called the "Pondicherry University (Conduct) Rules".
(2) These rules'shali be deemed to have come into force from 16th October 1985.
2. In this chapter-,v unless the context otherwise requires,— fa) "Employee" means teaching and non-teaching employees of the University.
(b) "Members* offam ily " in relation to an empldyee includes:
(i) The.wiff or. husband, as the case may be,, of The employee whether residing with the artipjoyee.: or not, but does not include ..a;:wife or husband, as the case may be, separated from the employee by a decree or orders of a competent court. ' '"'r ' i.UPr'v..
Son :or»'ddughteneoriStep->son or step-daughter (of the employee wholly dependent ■ om hlnTjwbot ̂ does-no.tt include e child o r step-child' who is no longer, in any way dependent on the employee, or of whose custody 'the employee has been deprived by- or under any law;
(iii) Any other person related whether by blood or marriage to the employee or to the employee's wife or husband, and wholly dependent on the employee.
(cj. .-."Dtesqtibqtf.,Authority" means the Vice-Chancellor or,.the authority prescribed by the.
Executive Council for the purpose of these rules as a whole or for any particular rule.
PA R T — II
3. (1) Every empioyee shall at all times :
(i) Maintain absolute integrity;
(ii) Shoyv. d.ftyo îpp,..tp;<pluty and . .. . ....
(iii) Do ndthihgf'W’hieh1 ^'unbecoming of an ernpldyee of the University.
(2) (i) Every employee; hording a supervisory- post shall take all possible steps to ensure the integrity and delrotioh td duty o'f'ail'employees for the time' being under his control and authority;
(>ii)-(a) NO emplo^ee^-shall, in the performance of his official duties, or in the exercise of potoeYe cbhferred on him, act otherwise then .‘in his best judgment except when he is acting under the direction of his Official superior.
Short title and commence ment Definitions General Employ mcni of near relatives of University employees in companies or firms Taking part in politics ami elections
(b) The direction of the official superior Shall ordinarily be in writing. Oral direction to subordinates shall be avoided, as far as possible. Where the issue of oral, direction-becomes unavoidable, the’ official superior shall confirm it in writing immediately thereafter;
'(c) Art employee., who has received, oral direction., from ,his official superior shall seek confirmation of the same in writing as early as possible, whereupon it shall be the duty of the official superior to confirm; the direction in writing.
(iii) Unless otherwise Stated speclffcbljy in th e ta'fhts 'of :''ag^iritm e«t and the Contract, every whb(eMrrf#Jemp1dybV,% if^ ^ i‘;iicB lled^u|fD n'^^-)^SM i'l0idh ;cRaifesr as may be assigned to him by the competent authority*beyopd scheduled working hours and on closed holidays arid Sundays.
(iv) An employee shallobserve the scheduled bourssof working during which-he must be present at the place of his dirty. , ,
(v) Except, for valid reasons and/or't^ijfdreseen cq ^ |g em :^ :Q O ^Q ^ to y M shall be absent from duty without prior permission. If an employee is absent from duty without permission for a continuous period- 'Of '90 • daysr'he "Shali 'be' treated as absconding from duty and his Service shall1 !be* deemed as-tdfmWeted.
Explanation : Nothing contained in clause (li) of sub-rule 3,2. shall be construed as empowering an employee to evade his responsibilities^ by seeking instructions from or. Approval !of,^taf ̂ upefieri«dffic8pabC'ratlt,*ori^tswbbn'*i-:sdcMl^nStrflct^oris are not necessar^' undep the ic'Keme •ob'affistfibutiops^HpdWrirSf; and responsibilities,
4. (i) No employee shall use his pasitiotfcgr i n f l u e n c e , < ? r indirectly to secure employ ment for any member of his family In any company or firm having official dealings with the 'University.
(ii) No employee shall, in the discharge of his official duties deal with any matter or - give or'darieflod^riy'4& riirdciMt8 % riy 'c o m p '® ^ ^ ® i® * d r 'fny pthb'r person if any . member ffim ori under that person or if he or apy other member of his family is interested in such matter or contract in any other manner.
5, (1) No employee shall be a member of,' or be otherwise associated with any political party or any organisation which takes patt in politics .nor shallv hewtakertpart.-io, subscribed in aid of, or assist in any other manner, any political movement or activity.
(2) It shall be the duty of every employee to endeavour to prevent any member of his family from taking part in, subscribing in aid of, or assistlrig iri' any" ‘other ’"rhtlrineY any movement or activity which is. or tends directly or indirectly to iSUbypsiye >ojk tbe«iG,overnrpent or the University as by law established and where an employee is unable to prevent a member of his family from taking part in. or subscribing in aid of ,or.:assisdpg,,inii!ehy .other,HmeppeA eny euch: movement ot activity, he shall make avfeRorfytOi.rflM.t.effecfef^flfljiayBM^ityv??,,* o t vv-s '
(3) If any questipn iarises- #raRSStY organisation takes patt in politics or whatM/rfaPY the ;seppe!: of sub-rule 512. the decision of the University thereon shall be, final.
20
(4)- NasBmployaa shallcanvass or otherwise interfe/e with, or yse Iris,,influence in connection with or; take part in, an election to any legislature or local authority:
Provided that—
(i) An employee qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted;
(ii) An employee shall not be deemed to have contravened the provisions of this subrule by reason only th^t h e 'assists in the conduct of' an election in the due perform ance of a duty on. him by or under any law for the time being in force.
E xplanation : The display of an employee on his person, vehicle or residence of any electoral Symbo.I .shaU amount to using his influence in connection with an election within the meaning o f ^ s sub-rule.
6. No employee sft&ll fo in - or continue to be a member of an association, the object or acti vities of which are prejudicial to the interests of the . sovereignty and integrity of India, public order, decency or morality.
7. No employed shall—
(i) engage himself or participate in any demonstration or strike which is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with; foreign states, public order, decency or morality, or which involves cbhtb'rMjat of'feouit. '^ifaWation or incitement to an 'offence; or
(ii) resort to or in any way abet in any form of strike or coercion or physical duress in connection with any matter pertaining to his services or the service of any other employee.
8. (i) No employee shall, except with the previous sanction o f the University, own wholly or in part, or conduct, or participate in the editing or management of any newspaper or other periodical publication.
(ii) No employee shall, except with the previous sanction of the University, or of the pres cribed authority or except the bona fide discharge of his duties—
(a) publish a book himself or through a publisher, or contribute an article to a book or a compilation of articles, (B) participate in-a radio broadcast or contribute any article or write a letter to any he&rspSper Or’ periodical either in his own name or anonymously or in the narhWof any' other person:
: Provided th a t nd*jsuch-sanction shall be required—
(i) if such publication is through a publisher and is of a purely literary, artistic or scientific character, or
(ii) such broadcast or such contribution or writing is of a purely literary, artistic or scientific character.
Joining of associations by the employees Demon stration and strikes Connection with press or radio 21 Representation Criticism of Government and/or University Evidence before, a committee or any other - authority Unauthorised communica* tion of information Subscriptions Gifts 8:A. (i) Whenever an employee wishes to putforth any claim or to seek redress of any grievance or any wrong done to him, he must forward his case through proper channel and shall not forward any advance copies of his application to any higher authority, unless the lower authority has rejected the claim, or refused relief, or the disposal of the matter is delayed by more than three .months.
(ii) No employee shall be signatory to any joint representation addressed to the authorities for redress of any grievance or for any other matter.
9. No employee shall, in any radio broadcast or in any document published in his own name or in anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public unsrao.ee, rnaka.,e.0y;-sm,tgmSf>t..pWajct^pr ppinippi^
(i) which bias the effect policy or action of the University or the University Grants Commission 6r th'eGovernment; or
(ii) which is capable of embarrassing «the relations between the University and the Commis sion or the Government:
Provided that nothing in this rule shall apply to any statements made or views expressed by an employee in his official capacity or in the. due performance of the duties assigned to him.
10. (1) Saye as provided in sub-rule 10.3.be!ow, no empl$yg,e shrslJ. expept With the previous sanction of the University give evidence in connection with any enquiry conducted by any person, committee or authority. ' ‘ ’" -
(2) Where any sanction has beep accorded under sub-rule 10,1 no such employee giving such evidence shall criticise the policy or any action of the University or Commission or the Government.
(3) Nothing in this rule shaft apply to—
(a) The evidence given' at. ,ag tfey VKo University, Commission, Government Parliament,'or a n y State t^fslature; or
(b) The evidence given in any judicial enquiry; or
(c) The evidence given in any departmental enquiry ordered by authorities subordinate to the Vice-Chancellor.
11. No employee shall, except in accordance with any general or special order of the University or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly any official document or any. part thereof or information to any other employee or any other person to whom he is not authorised to communicate such document pr information.
12. No employee shall, except with the previous sanction :of theUniversity or of the prescribed authority, ask for or accept contribution to, or otherwise associate himself with the raising of any funds or other collections in cash or in kind in pursuance of' any object whatsoever.
13. (1) Save as otherwise provided, .in theserrules, no employee shail accept, or permit any member of his family or any other person acting on his behalf to accept arty gift.
22 Exptatf&tiQ» : I he expression "gjft"-shalMnclude free transport; boarding, lodging or other service or any other^pecuniary advantage when provided by any person other than a near relative or personal friend having no official dealings with employee.
N ote . 1, A casual meal, lift or other special hospitality shall not be deemed to be a gift.
N ote; 2. An employee shall avoid accepting lavish hospitality or frequent hospitality from any individual having official dealings with him or from industrial or commercial firm, organisations, or frontt -̂-Universities* and Colleges, etc,
(2) On occasions, such as weddings, anniversaries, funerals or religious functions, when the making of gift is in conformity with the prevailing religious or social practice, an employee may accept gifts from his near relatives but he shall make a report to the University if the vaiue ol any such gift exceeds—
(i) Rs. 500 in the case of an employee holding any Class I (Group A) or Class II (Group B) post;
(ii) Rs. 250, in the case of an employee holding any Class III (Group C) post; and
(iii) Rs. 100, in the case of an employee holding any Class IV (Group D) post.
(3) On such occasions as are specified in sub-rule 13.2 an employee may accept gifts from his personal friends having no official dealing with him, but he shall make a report to the University if the value of ftn'y such gift exceeds-—
(i) Rs. 200, in the case of an employee holding any Class I (Group A) or Class H (Group B) post;
(ii) Rs, 100, in the case of an employee holding any Class III (Group C) post; and
(iii) BjS. £0, in the case of an employee holding any Class IV (Group D) post.
('4) In ahy • other case, an employee shall not accept, or permit any member of his family or arty other person' abiTnir oft his betiaff to accept, any gift without the sanction of the University, if the value thereof exceeds—
(i) Rs. 75, in the case of an employee holding any Class I (Group A) or Class II (Group B) post; and
(ii) Rs. 25, in the case of an employee holding any Class ill (Group C) or Class IV (Group *B) post.
(5) Notwithstanding anything contained in sub-rules 13.2, 13.3 and 13.4 an employee may receive gifts of symbolic nature from foreign dignitaries and retain such gifts.
(6) Gifts from foreign dignitaries which are not of symbolic nature may be retained by an employes-if-th¥*nftSfkefcvalue 6f ; th» "gift3 in the Country of origin does not exceed Rs. 3,000.
(7) Where there is doubt ;wb8lhsri*,a..gift, received from a foreign dignitary is of symbolic nature or not, or where the market value of the gifts in the country of origin apparently exceeds Rs. 3,000 or where there is any douht about the actual market value of the* gilts, the acceptance of such gifts and, retention thereof by the employee shall ba regulated by the instructions issued by the Government/University in this regard from- tirjie to time, 23 Dowry Public demonstration in honour of employees of the university Private trade or employ ment
(8) An employee shall not accept <any-giftl-from any forelgrr^firm-.vfrichdsieither -contracting with the University o ris one with-which the employee-had/‘has'sor'<istJiik9lyi>to'.'h8vej .official dealings;
Acceptance of gifts by an employee (torn any- other •'■foreign -firm shall ba-subject to the provisions of sub-rule 13.4.
13. A. No employee shall—
(i) give or take or abet the giving, breaking-'-of dowry; ‘or
(ii) demand, directly or indirectly, .from the parents-or guardian of i.a deride or bridegroom, as the case may be, any dowry.* t >•« y.
Explanation : For the. purpose of this rule, ‘dowry' has the same meaning as in the Dowry Prohibition Act, 1961 (28 of 1961).
14. No employee shall except with the previous sanction1 o f thet- Vice-Chancellor, receive any complimentary or valedictory'address Or#adCepftdhyB̂'dStimb’nial; o'pattsSndvahyameatfhg' or 'entertainment held in his honour, or in the honour o f ; . ^ agpiovaa: c
Provided that nothing in-this rule shall apply'-to—
(i) a farewell entertainment of a substantially private and informal character held in honour of an employee on the occasion of his retirement or transfer or any person who has recently quitted the service of the University; or ' '
(ii) >! the acceptance of simple and inexpensive entertainment arranged by public bodies or institutions: ■ . .
Note ; Exercise of pressure-'dr influence oT ahy sort on 6ny employee to induce him to subscribe towards any farewell entertainment even if. it is of a substantially private or informal character and the collection pf j^bf^iptigos fwyji Group "C" or Group "D" employees under any circumstances for tha jsf-.aqy employee .. . not belonging to. Group "C" or Group "D“ is forbidden; - ~ ■ • •; ".-K-'i vi-i v ac . ...
15. (1) No employee shall except with the previous sanction of the University, engage directly or indirectly in any tfade or. business, or un^ertaike-.anyf-other iemplQyment:
Provided that an employee may, without such sanction—
(i) undertake honorary work of "a social' or charitable-'nature^ or
(ii) undertake occasional work of a literary, artistic or scientific character; or
(iii) participate in sports activities > as amateur sutpjeetno .the,,eonditionrthatlfn all the oases his official duties do not thereby suffer. He shall not undertake or shall discontinue such work or activity; if so^directed^By^h'e-UiflviBrsity.
E xplanation: Canvassing by an employee- in support of the business of insurance agency; commission agency, etc;; ovirnfidft1iF!ihahage«l'-by- :hiS’ ,Vvife‘s'‘df '‘ fehy other rhefnbei of his family shall be deemed to ''tie‘rBsBre'efdfv 6fiHhistrsubi-r(iieV' 24 | (2J -Every-employee shall. repo«.fcto ;thei..Univereity-if any .member, of-his family is engaged iia a trade, or rpusiaess or own or-mamgas rap dnsuranea-.agency-or commission-agency, i - f . .|f x * - T I (9| N,o employee shall, without the previous, sanction of the University except in the | discharge of his Official duties, take part in the registration, promotion or management of any bank | or other company which is required to be registered under the Companies Act, 1956 (1 of 1956) | or snyi dfftW4awMfSr the time being in force o r a ny co-operative soteiety. for commercial purposes:
t I Provided-that an employee may take-part in tho registration, promotion or management of— i • . - • | (i) a co-operative society substantially for the benefit of the employees registered under I the Co-operatiVesStocieties A ct 1912 (2 of 1912) or any other-law for thh time-being | - in force;or I I (ii) a literary, scientific or charitable society registered .under the Societies Registration I Act, 1960 (2 of 1-960) or any other law for the time being in force.
I | (4) No employee --may-Rapeaptm-'any fee for any work; done,-1by him .for any private or | public body or any private person-without-,the sanction of the competent authority,--of the University.
16. (1) No employee sh.all speculate in any stock, share, or other investment. Investment lending and borrwing I Explanation : Frequent purchase or sale or both,,., of shares, securities or other | investments shall be deemed to be speculation within the meaning of, this sub-rule.
I - (2) No employee shall make or permit any member of his .-family or apy' person acting Ion his behalf, to make, any investment which is likely to embarrass or influence him in the discharge iof his official;rdiJtiasv ■ .
I (3) If any question arises whether any transaction is of the nature referred to in sub-rule 1 16.2 the decision of tjftuUnivarsity thereon shall be final.
(4) (i) No employee shall, save in the ordinal̂ y.,pourse: of business with ,a bank or a public limited company, either himself ,or,...through any member of his family or any other person acting on his behalf— * (Bi-.- degd. ot. borrow or deposit money, as «■ principal- pran agent, to, £or-from. or with - any person or firm or private limited company within, the local limits of his authority or. with twhom’he is likely to haye officials-dealings,.or otherwise place himself under * any pecuniary obligation to such person or firm or private limited company; or
(to) lend ■ -money to Shy person at interest -or in a manner whereby return in money or in kind is charged or paid:
ProvidedSithSt-ap'-empioyee-may'give to or accept from a relative or a personal friend, a-purely tempo'rary loan of a small amount free of interest or operate a credit account with'a-■boni'dde tradesman or make an advance of pay to his private employee;
Provided (wither thBt nothing,rin.this. sub-rule,qhali :appLy in-respect of any transaction entered into by an employee with--1,he previous,.sanction of. the University.
Insolvency and habitual indebtedness Movable, immovable and valuable property
(ii) When an employee- Is apj»lMefr1or*tfan8ferretf': t'o-tf- peer o f -such* ’nature as would Involve him- in .-the breach -o fahy of the- provislone-of sub-rule 1-6,2 or sub-rule ,16.4, he shall forthwith report the circumstances to the prescribed authority and shall thereafter act in accordance with slftSh order’dS if^ay ‘be ihaefe’ by such authority.
17. Aa em ploy^ iabJtyalvjpdebiedness or insolvency. An employee against whom any legal proceedings is instituted for the recovery of any debt due from him or for adjudging him-’as'-an ■irfs'6lvenitshairr<foHhVv!ith“.«rep6rt stite rfull^fadts of the legal proceedings to the University.
N o te : The burden of proving that • the, insolvency. o r . ...indebtedness was the result of circumstances which with the exercise of ordinary diligence, the ^mgipyee could not have foreseen or over which he had no control, and had not proceeded ’ from extravagant or dissipated’ -habits’̂ sh«ifubebt f e o ^ h e vW ^ e Y , i ; '- ' 1 Si (1) - Every employee shalf dnihisHirsthappeifttmant^cf anyUnivefsitysseivice or post submit a return of his assets-and suabilities;- in •suchsirf'drnt^a^oia^'bafhpreScribejd by the University, giving the full particulars regarding— • '
(a) the immovable property inherited 6V him or owned or acquired by him or held by him on lease or mortgage either-in-.the name of any member of his family or in the narh'e of any bthar person;'
(b) shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired, or Held by hint;
(c) other movable property inherited by him or similarly owned, acquired or held by him;
and
(d) ' debts and other liabilities incurred by him directly or indirectly Note* 1 : Sub-rule 18.1. shall hot 6ri|ih’4rily ap p ry 'to 1 ciS^. iV (Group D) servants but the University thay1 'direct'Mt- it Shall apply to any such employee or class (Group) of such employees.
Note 2: In allreturns;-:!the'«Values?.dM fam )^P!fhd^hi^iShS^W drtW .>.|ess-thais. Rs. 2,000 m aybe oh- daily use such i t blottfed, litehsilS^'rocRe'^^Sbidi; b tc^w fc^ndfi|^ ihd lu#& i' fop such return.
'.K .( \ - "■ V. . m fi- fe U -;:,. TV."- : -7 j Note 3 ; (i) Where an employee already belonging to a service, or holding a post is appointed j to any other civil- service-. or-post he shall not be required to submit a fresh | return under this clause. ;;; _ __ — |
(ii) Every employee belonging tq;any sewtce,oftholding aity-p.ost included in Group A I or Group B shall--submits,AtJ^hh.ua|i,'return1 ;tol swh;-Tffirm/ft*;,may be prescribed by the University lorvthisit tha immovable property inherited by him or owned or acquired by him or hefd by him on lease •or -ntortgagii either *'tn -:KUV l1«iHS4 b f 'a n y member of his family, or in the name of any Other-person.
26 | (2§ No 'employee shall, except with the/preyig,us- knowledge Of the University, acquire | or dispose of any immovable property by lease, mortgage; purchase; sale, gift or otherwise either in i his own name or in the name of any member of hisr fam'ily^ ; Provided tha t the previous sanction of the* University shall be obtained by the employee if ■ any such transaction is— (!) with a person having official-dealings with the employee.
i (3) Where an employee enters into a transaction in respect of movable property either !: in his own name or in the name of a membeT of his family, he shall, within one month from the j date of such transaction, report the sanne to the University, if 'the value of such property exceeds Rs. 10,000 in the ease of an employee holding any Class I (Group A) or Class II (Group B) post ; or Rs. 5,000, in the’ 'case of an employee holding any Class Iff (Group C) or Class IV (Group D) .post:
ProVidbdHthat the previous-sanction of the University shalltbe obtained if any such transaction—
(i). with a person having official dealings with the employee.
may, at epy time by general or special order, require an employee to te>i$h. within a period specified in the order, a full and complete statement of such movable or immovable property heid or acquired by him or on his behalf or try any member of his family as may be specified in the Order. Such statoment shall if so required by the University, include the details of the maftn$ by which, p.r the source from which, such . property was acquired.
' (5) The- University may exempt,any category of ehrtpiby.ee'belonging to Class 111 (Group C) or Class IV (Group D) from any of the provisions of this rule except sub-rule (4). No such exemp.
tion shall, however, be made without the concurrence of the Executive Council.
E xp lanation 1 ; For the purpose of sub-rule (1) the expression movable property includes
(a) Jewellery, insurance policies the' annual premia.,,of vyhictt.,p)<qgeds Rs. 2,000 or one sixth of the total annual emoluments received from the University, whichever is (ess.
shares, 'securities and debentures;
O f ' V -;’" : '7 •
(b) to an s- advanced b y . such employees whether ;se.eured or not;
(c) m.otqr cjaja,, motor cycles, horses, or any other means of conveyance; and
(d) refrigerators, radios, radiograms and television sets.
E xplanation 2 ; For the purposes of this rule, "lease" means, except where it is obtained from or 'granted t o ;a person having official dealings with the-■employee,-a lease of immovable property from year to year or for any term exceeding ane‘ye'ar or receiving a yearly rent.
1S-A Restrictions in relation to acquisition and disposal of immovable property outside India and transactions with foreigners, etc.
Notwithstanding anything contained in sub-rule 18.2, ho employee shall, except with the previous sanction of the prescribed authority:—
(a) acquire by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member pf his family, any immovable property situated outside India;
27 Vindication of act* and character of employment Canvassing of nonofficial or other outside influence Restrictions.
regarding marriages Consumption of intoxi cating drinks and drugs
(b) dispose of by sale, mortgage, gift,- or. otherwise, or grant any lease in respect of any immovable property situated; outside India ■ iwhich; -was; acquired or. is held by him either in his own name or in.the.name;of. any member of his-family;
(c) enter into any transaction with any foreigner, foreign Government, foreign organisation or concern—
(i) fo r the acquistition by" purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, or any immovable property.
(ii) for the disposal of, by sale, mortgage, gift or otherwise, or the grant, of any lease in respect of, any immovable property which was acquired or is held by him either in his own name-or-ip the name of any member of his family.
19(1) No employee shall, except with the previous sanction of the University, have recourse to any court or to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of a defamatory character.
(2) Nothing in this rule shall be deemed to prohibit an employee from vindicating his private character or any act done by him in bisrprivate,'capacity and' where' any action for vindicating his private character or any act done tjy him in private .capacity is taken, the employee shall submit a report to the University regarding such action.
20. No employee shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the University.
21. (1)’ No employee shall enter into or contract a marriage with a person having a spouse living; and (2.) No employee having a spouse living shall enter into or contract a marriage with any person:
- , ■ Provided that the .University may permit an employee to enter into or contract any such marriage as is referred to in clause 1 or clause 2, if it is satisfied that—
(a) such, marriage is permissible under the personal'law applicable to such employee and the other party to the marriage; and
(b) there are other grounds for so doing.
(3) An employee who has married or marries a person other than of Indian Nationality shall forthwith intimate the fact to the University.
22. An employee shall—
(a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may, happen to be for the time being;
(b) not be under the influence of any intoxicating drink or drug during the course of his duty and shall also take due care that the performance of his duties at any time is not affected in any way by th e .influence of such drink or drug;
28 I (6b) refrain from consuming any intoxicating drink or drug in a public place;
(c) not appear in a public place in a state of intoxication;
(d) hot use any intoxicating drink or drug, to excess.
Explanation : For the purpose of this rule, 'public place' means any place or premises (including . a conveyance) to which the public have, or are permitted to have access, whether on payment or otherwise.
23, If any question arises relating td tho interpretatiorv of .these rules, it shall be referred to the Executive Council whose decision thereon shall be final.
I| i 24. Unless .there is anything repugnant in the Pondicharry University Act, Statutes, Ordinances, | any amendments to We Central Civil Services (Conduct) Rules, 1964 shall be deemed to ba tha | amendments of the relevant provisions of these rules or any order or administrative instructions already I Issued/to be issued by the Central Government shall be deemed to be the orders or administrative I instructions under these rules with effect from the data of such amendments/orders are brought Into I force by the Central Government.
Interpretation Amendments 29
3. ORDINANCES GOVERNING THE CONTROL AND APPEAL OF THE EMPLOYEES OF THE UNIVERSITY
PART— I GENERAL
1. ( t) These rules shall be called the "Pondicherry University (Control and Appeal) Rules"
(2) They shall be deemed to have come into force from 16th October 1985.
2. In these rules unless the context otherwise-requires,—
(a) "Appointing Authority" means the authority empowered to make appointments.
(b) "Disciplinary Authority" in relation to the imposition of penalty on an employee means the authority as such competent under these rules to impose on him any of halt penalities specified in rule 6.
(c) "Employee" means any person in the service of the.UBiversity who is a member of a cadre on one of the categories of posts created under the University and includes any such person on foreign service or whose servipest .are tempocarily piaced at the disposal of another University or any other authority ity the University and also any person in the service of a State Government or Central Government or a local or other authority or any other autonomous body Whose services are temporarily placed ■at the disposal of the University. .
3. These rules shall apply to 'a ll the employees of the University except persons on daily wages/consolidated.
If any doubt arises as to whether these rules or any of them apply to any person or person to whom these rules apply belongs to a particular cadre, the matter shall be referred to the Executive Council which sha ll, decide the same.
4. Nothing in those rules shall operate to deprive any employee of any right or privilege to which he is entitled by the terms of any agreement subsisting between any such person, and 'the University on the commencement of these rules.
PART— If SUSPENSION 5 5 . (1) The appointing authority or any disciplinary authority to which it is subordinate or any other authority empowered by the University in that behalf may place an Employee under suspension—
(a) where a disciplinary proceeding against him is contemplated or is pending or
(b) where a case against him in respect of any criminal offence is under investigation, enquiry or trial : .
Short title and commence ment Definitions - Application Protection of rights and privileges conferred by agreement Suspension 30
Provided that where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made,
(2) AhAefnpIoyee w&halUUte adeemed- to have been placed-under -suspension by an order of appointing au thority -^ :
(a) with effect from the date of bis detention if he is detained in custody, whether on a criminal charge or otherwise? for a period exceeding forty-eight hours;
(to) with effect from the-date of his conviction, if, in the revent of a conviction for an offence, be .is sentence^ to.a term of imprisonment exceeding .forty-^ight hours and is not forthwith dismissed or removed or compulsorily retire'd consequent to such conviction.
E xplanation : The period of forty-eight hours referred to . in clause (b) of this su t-ru le shall be. computed from the commencement of the imprisonment after the conviction and for this purpose intermittent period of imprisonment./if. any, shall be taken into account.
(3) Where a penalty of dismissal, removal or compulsory retirement from service, imposed upon an employee Under suspension is set: -aside) on appeal or on review under these rules and the Case is remitted for further enquiry or action''-or With any direction, the orders of his suspension shall be deemed tP hPve continued in for'ee 'on a"nd 'from the date of the original order of dismissal, femotfaf- dr compulsory Retirement and ■ stoall rPMairi in force until further orders.
(4) Where a penalty of disreiCS'al;:r'emWaf-'Or compulsory retirement from.service imposed upon an employee is set aside or declared or tendered- void in consequonce of or .by a decision of a court of law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold.further enquiry against him on tie--allegation which the penalty of dimissal, removal,.
compulsory retirement was orginally 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:
Provided that no such further enquiry shall be ordered unless it is intended to meet a situation -where the court- has passed?-an; order purely.-on technical-grounds without going into the merits 'o f the case. 5
(5) (a) An order of suspension made or deemed to have been made under this rule shall continue to remain in force untUvit%sWpdified or revoked by the authority competent . to do. so. t - . . .
-r * ' ■ VVher&'-din de'emed to have been suspended (whether in connection with any disciplinary proceeding or otherwise) and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority cbinpetent to p lace5 Him^tofidCr-suspension may, for reasons to be recorded by him in writing,, direct that the employee shall continue to be. under suspension until the termination of all or any such proceedings.
31
(c): Arr'order of suspension ' made ' or deemed to have been • made.under /this rule may a t any time be modified or revoked by the authority: which' made o r is deemed to have made the order o r by any authority to which, that authority ^subord inate .
PART—111 PENALTIES AN,D DISCIPLINARY AUTHORITIES.;
6. The following penalties may for good and sufficient reasons and W hereinafter provided, be imposed on an employee namely:— „ M inor P enalties
(i) CensurV'
(ii) Withholding of promotion
(iii) Recovery from the pay of the whole or part of any pecuniary loss caused by him to the University by negligence or breach of rules of the University or directions of superior authorities.
(iv) Withholding of increments of pay M ajor penalities
(v) Reduction to a lower stage in the time scale of pay for a specified period; with further directions as. ao w hether or not :tha:;,Templdye.4r*fSfilb aaro.incre/nents of pay . during the period of such reduction and whetbeu,-jCHV ̂ he i ejcpiry of aueh - period the reduction will or will not have the effect of postponing the further increments of his pay.
(vi) Reduction to a lo w ertim e-sca le of pay, :‘grBcTe"'br ''pbsrt b r;!seryi&e shall ordinarily be a bar to the promotion of the em ployedltd°thef'ttffiie-seale oP pay grade, post or service from which 'hfe1 M s; raducM with 5d?uWitht>ut15fMftKer.'difections regarding conditions of restoration to the grade or post or service front'Which such reduction has been made.
(vii) Compulsory retirement
(viii) Removal from service
(ix) Dismissal from service E xplanation: The following shall not amount to a penalty within the meaning of this rule,' namely:—
(i) Stoppage of, an-employee at the efficiency bar,in.fthe jime-'Sealeu of;,Ray on the ground of his unfitness to cross the bar;
(ii) Non-promotion of an employee,V)Whefber 'in a substaretiypi-pr officiating capacity, after consideration of his case for promotion to a grade or post to which the employee is eligible;
(iii) Reversion of an employee appointed on probation to any other grade or- post; to- his permanent grade or post during or at the end of the period of probation in accordance with the terms of his appointment, or the- rules, andrdrjslsras govemjp.g spch probation.
32
(iv) Reversion of an employee officiating in a higher grade or post to a lower grade or post on the-ground that the employee is considered to be unsuitable for such higher grade or post or on any administrative ground unconnected with the conduct.
(v) Replacement of- the services of an employee, whose services had been borrowed from outside authority, at the disposal of such authority.
(vi) Compulsory retirement of an employee in accordance with tha provisions relating to his superannuation or retirement
(vii) termination of the services-*- „ . „
(a) of an employee appointed on probation during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation; or
(b) , of a temporary employee in accordance with the terms of appointment; or
(c) of an employee employed under an agreement, in accordance with the terms of such agreement.
7 .(1) The Executive Council may impose any of the penalties specified in rule 6 on any employee.
(2) ' The Vtee^Ohancelior may -Imposayon- an employee any of the. penalties specified in cteuies (i), f i i ) , ’:(iify, eihd (iv) of role ;J6.
(3) (a) The Registrar shall have power to take disciplinary action against such of the ■employees, excluding-teachers and academic staff, as may be specified in the orders of th e Executive. Couocil-and to, suspend them pending inquiry, to administer warnings to them or to impose- on them the penalty of the censure or the withholding of - - ’ increment: - - . ' •
Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing, .pause against the action proposed to be taken in regard to him.
(b) An appeal shall He to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified In sub-clause (a).
(c) In a case where the inquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion pf -the inquiry, make a report to 'the-Vice-Chancellor along with his recommendations;
Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty.
8.(1) The Executive Council or any other authority empowered by it by general or special order m ay— - - i v .
(a) institute disciplinary proceedings against any employee;
l 33
(b) direct a disciplinary authority to institute.'discipJInary proceedings against any employee on whom that disciplinary Authority is competent to impose' under--these rules any of . the penalties specified in rule 6.
(2) A disciplinary authority- competent under these rules to- Impose any of the penalties specified in clauses (i) to (iv) of rule 6 may institute-disciplinary proceedings against any employee for the imposition of any of the penalities specified in clause (v) ’’to (IX)- o'PmlTei ^'notwithstanding that such disciplinary authority is not competent under those rules: to; .impose any of the latter penalties.
PART—IV PROCEDURE FOR IMPOSING" ’PSNftl’WES*
9. (]}, .No order imposing, any of the penalties specified in cfaiip.es (v) t:o f(ix) of rule 6 shall be made except after an enquiry held as may be, in tfie "manner provided in this rule, and msN* rule 11. . penalties
(2) Whenever the disciplinary authority is of the opinion that there are grounds for enquiry into the truth of any iptftyg&tign. of 4 ^ p o n d ,^ ^ f ;^ b e h a ^ i ) , j g j | | j s | Ĥ i ^ i.epipl9y{ie, Jt- may itself enquire into, or appoint under this rule an authority to enquire into the truth thereof.
E xpianatipnj ; Where the disciplinary • authority, any reference in sub-rule (7) to sub-rule and in sub-rule (20) {22) to the Em'construed as a reference to the disciplinary authority,
(3) Where it is .proposed to hold an rule ancf rule 11, the disciplinary authority shall^draw. up-co;'OaUsehtor.\bA^ea>vnrMp;; ...
(i) the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehaviour in support of each article of charge which shall contain—
(a) a statement of ail relevant, facte'including any .'Admission or., confessions made by the employee;
(b) a list of documents'by whTch'arid* a list'vdf''with£ssy. try Whom the articles of charge are proposed to be sustained.
(4) The disciplinary authority shall deliver or causd'"{o' be'"'' delivered to the empfoyee a copy of the articles of charge, the statement of 'the;; impMWJions,vpffmis<pKi^ and a list, of documents and witnesses by yyhicht.eachnafttaierOf h£ rstteteined, and shall require- the, employee to submit, within such time as mays-bp apec.jfigdjr ar. Written- statement of his. defence and to state whether he desires to be-heardJ ni; P#f5®nj>.;' • r!r; --. v - *• ■ 34
(5)(la') ©ft receipt of the written statement of defence the disciplinary authority may itseit ■ inquire into such of the articles of charge as are not admitted, or if it considers it necessary to do so, appoint under sub-rule (2) an inquiring authority for the purpose and where ail the articles of charge have been admitted by the employee in his written statement ofc.defence the^dUciplinary authority shallytetcord Its. findings on each charge after taking such evidence .as it may think fit and shail act in the manner laid down In Rule 10.
(fc>) if no written statement of defence is submitted by the employee,, the disciplinary authority may itself inquire into the articles of charge, or may, if it considers it neces sary to do so, appoint under sub-rute (2) an inquiring authority for the purpose.
(c) Where the disciplinary authority^jisaJJ.-,jnquires into any article of charge or appoints an inquiring authority for holding an inquiry into such charge, it may by an order, appoint an e|npioyeertO 'tbe^j^j/^n^,st^e;-"pres9nting officer-' to present oh its behalf the case in support to the articles of charge.
(6) The disciplinary authority shall, where it is not the inquiring authority forward to the inquiring authority:
(i) a copy of the articles of charge and the statement of the imputations of misconduct pr,, misbehaviour; . .
• (if) " a bbpy ’of the written sthterftenf of"'defence, if-any, submitted by the employee;
- . (iii) a copy of the-statements of witnesses, if any, referred to in sub-ruie , (3)
(iv) evidence proving the delivery of the documents referred to in sub-rule (3) to them;
(v) a copy of the order appointing the Presenting Officer,
(7) The employee .shall.appear in. person before the enquiring.-authority on such day and day»9fdr$(‘titr-ttste of receipt by-himKoP-ltfre articles oftcharge -and the statement of the imputations'df'^misSonduct or misbehaviour as' the>'iriqqiring authority may, by a notice in writing specify in this behalf, or within such further time, hot exceeding fifteen days, as the inquiring' 'authority may alioVv.
(8) The employee may take the assistance of any .other employee to present the case on his bdh’alf 'But shall not ehga'ge1 d
(9) if the employee who has not admitted any of the articles of charge in his written statement of defence, appears before'the-inquiring 'authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, |he inquiring authority shall record the plea, sign the record and obtain the signature of the employee {hereon.
(10) The inquiring authority shail return a finding of guilt in respect of those articles of charge to which the employee pleads guilty, (T1 '̂ T he 'ltriduiririg 'authority ‘dhalli 'if-' the-employee fails to appear within The specified time SWeftfses or omits Hto ; dread gull#; require5‘the Presenting Officer to produce the evidence by Which1-h e-p roposes 'to protre'The articles Of- charge1-and shall adjourn the caSe to a1'later date not exceeding thirty days, after recording ah ofderrrti0ti '‘%mpTdyee may for the piifpose o f ‘preparing his evidence;
3 5 (I) inspect within five days of the order or within such further time not exceeding five .
days as the inquiring authority may allow, the documents specified In the list referred to in sub-rule (3).
(li) Submit a list of witnesses,,;to be examined on hist behalf. ., N ote: if the employee, appUes orally of fh writing fof'lWe supply of copfes o f fbe atatement of witnesses mentioned - in the list refarred to in sub-rule (2) the inquiring authority shall furnish to the employee with such copies as early aspossib l’e and’ in any case not less than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority. •
(iii) Give a notice within ten days of the order or within such further time not exceeding tan days as the inquiring authority may allow, the production qf any documents which are in the possession of the University but not mentioned; in the list referred to in sub-rule 3.
N o te : The employee shall indicate the relevance of the documents required .by him to be produced by the University.
(12) The inquiring authority,,■$hall, on receipt of the not(pe,.fpr the production of documents forwar4,;the same,-I,o)ii;,eopies thereof tp,the> authority in whose custody;.or possession th e documents are kept, with a requisition for the production of the documents by such', date as may be-specified in such requisition ■ • Provided "that, the inquiring'authority may, for reasons .to-be recorded by-it in writing, refuse to requisition such ofrithe".doeuments^as;'are, in its opinion, •bofHfelavbn’M d thtf case nbf In the best Interests o f " - th tfT 4 £ iiv e is l ty t '1 ■' .. ■ ’ '
(13) On receipt of the requisition referred to in sub-rule (12) every authority having the custody o r ; poss.essiqpi.;of-the^requisitioned documents shall produce the same before the inquiring authority: • " ' . ~
Provided that, if the authority having the custody or. possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents could be against the public interest of the University; it shall Triform the inqui