1042 THE GAZETTE OF INDIA : JUNE 19, 1993/JYAISTHA 29, 1915 [PART II—SEC. 3(i)] 12 Groiv? 'C Departmental Promotion Committee consisting of :—
1. Director (Admlnistration/Establishment)/Secretary, Central Water Commission ~ Chairman
2. Director/Superintending Engineer, Central Water Commission (co-opted) —Member
3. Director/Under Secretary, Central Electricity Authority —Member
4. Under Secretary, concerned, Central Water Commission —Member 13 Not Applicable Foot note : The principal rules were published vide No. GSR 683, dated the 10th June, 1972 and subsequently amended vide No. GSR 1346, dated the 14th December, 1974. The Central Water and Power Research Station, Poona, Auxiliary Technical Servicces (Laboratory Staff) Recruitment Rules, 1983dated the 14th December, 1983, (insofar asthepost of Computer 'A' and 'B' is concerned) which is now redesignated/merged with the post of Laboratory Assistant Grade II and Gr3de-!II respectively in Central Water and Power Research Station, Poona, were published in the Gazette of India, ParMI Section 3(1) under No. GSR 55 21st January, 1984 [No. 16/93/F.No. 39/3/92 Estt. I] MEENAKSHI ARORA, Under Secy .
1043 1044 THE GAZETTE OF INDIA ; JUNE 19, 1993/JYAISTHA 29, 1915 [PART II~-S£G. 3(0] 1045 MINISTRY OF COMMERCE New Delhi, the 31st May, 1993 G.S.R. 31!.—In exercise of the powers conferred by section 27 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), the Central Government Ixsreby makes the following rules to amend the Export Inspection Council Employees (Classification, Control and Appeal) Rules, 1978, namely :—
1. ,t,1) These rules may be called the Export Inspection Council Employees (Classification. Control and Appeal) (Amendment) Rules, 1993.
(2) They shall come into force on their publication in the. Official fiazefte.
2. In the Export Inspection Council Employees (Classification Control and. Appeal) Rules, 1978,—
(1) for the rule 5, the following rule shall be substituted namely :— "5 For the purpose of these rules, the employees shall be classified into the following four groups, namely :— .
Group A : A post carrying a pay or a scale of pay with a maximum of not less than Rs. 4,000.
Group.B : A post carrying a pay or a scale of pay with a maximum of not less than Rs. 2,900 but less than Rs. 4,000.
Group C : A post carrying a pay or a scale of pay with a maximum of over Rs. 1,150 but less than.
Rs. 2,900.
Group D : A post carrying a pay or a scale of pay witk a maximum of which is Rs. 1,150 or less :
Provided that posts created on or after 1st January, 1986 as specific additions to existing cadres shall have the same classification of posts in the cadre to which they are added.
Note :—For the purpose of this rule :—
(i) 'Pay means the amount drawn monthly by. the Council employee as the Pay (other than special Pay or pay granted in view of his personal Qualifications), Overseas Pay, Special Pay and Personal Pay and any other emoluments which may be specially classed as pay by the Central Government from time to time.
(ii) The pay or scale of pay of a post means the pay of scale of pay prescribed under the Central Civil Services (Revised Pay) Rules, 1986 as applicable to Council employees from time to time.
(2) In rule 8 —
(i) the words "Minor Penalties" shall be inserted as the heading for clauses (i) to (iv) and the words "Major Penalties" shall be inserted as the heading for clauses (v) to (ix);
(ii) after clause (ix) and before "Explanation", the following proviso shall be inserted, namely :— "Provided that in every case in which the charges of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or for bearing to do any official ac* is established, the penalty mentioned in clause
(via) or clause (ix) shall be imposed:
Provided further that in any exceptional case and for special reasons to be recorded in writing, any other penalty may be imposed" ;
(3) in rule 11, for sub-rule (8), the following shall be substituted, namely :— •"(8) The Council employees may take the assistance of any Government servant posted m any office either at his headquarters or at the place where the inquiry is held to defend the case on his behalf but may net engage a legal practitioner for the purpose unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or, the disciplinary authority having regard to the circumstances of the case, so permits :
Provided that the Council employees may take the assistance of any other Government servant posted, at any other station, if the inquiring authority 'having regard to the circumstances of the case, and for reasons to be recorded in writing, so permits, Note :—"The Council employees shall not taks the assistance of a Government servant who has two pending discip-.
1267 GI/93—3 1046 THE GAZETTE OF INDIA : JUNE 19, 1993/JYATSTHA 29, 1915 [PART II—SEC. 3(01 1in_ary cases in, hand in which he had to give assistance."
(4) in rule 12, after sub-rule (4), the following proviso shall be inserted, namely :— "Provided lhat where an enquiry 1ms been held in accordance with the provisions of rule 11 for any of the penalties specified in clause (v) to (ix) of rule 8, the Disciplinary Authority, if it is different from Ihe .Inquiring Authority, shall before makinn any final oidcr of imposing such penalty, forward u copy of Ihe inquiry report to the Council employee concerned giving him an opportunity of making any repvfsentation or submission in writing to the Disciplinary Authority.";
(5) in rule 13, after sub-rule (1), the following shall be Inserted narpely :— "(1A) Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case it is proposed after considering the representation, if any, made by the Cou.ncil employee under clause (a) of thil sub-rule 10 withhold increments is pay and such withholding of increments is likely to affect adversely the ampu.nl of pensipn payable to the employee or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any perjod, the inquiry shall be held in the manner laid down in sub-rule (3) to
(23) of rule 11, before making any order imposing on the Council employee any such pcniilty.'1;
(6) for the rule 16, Ihe following shall lie substituted, namely :— "16. Notwithstanding anything contained in Rule. 11 to Rule 15
(i) wheie any penalty is imposed on a Council employee on the round of conduct which has led to his conviction on a criminal charge, or
(ii) where the disciplinary authority j.j satisfied for reasons to be recorded by it in writing is noi reasonably practicable to hold an inquiry in the manner provided in these rules, or
(iii) where the Council or Chairman is satisfied that in the interest of the security of ihe State, it is not expedient to hold any inquiry in the manner provided in these rules.
The disciplinary authority may consider the circumstances of the case and make such order thereon at it deems fit:
Provided thnt the Council employee may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a c; se under clause d')".
(7) in mle 19, in sub-rule (1), for "Rs. 2,000/-", the figure "Rs. 5.000/-" shall be substituted.
(8) in rule 20,
(a) For the sub-clause (ii), the following shall be substituted, namely :—
(ii) un order imposing any of the penalties specified in rule 8 whether made by the disciplinary authority or by any appellate or revising authority.";
(b) in clause (v), after sub-clause (b), lljc following shall be inserted namely :— "(bb) reducing or withholding the pension or denying the maximum pension admissible to him under the rules,";
(c) in clause (V), after sub-rule (e). the following shall be inserted, namely :—.
"(f) determining whether or not the period from the date of his suspension or from the date of bis dismissal, removal, compulsory retirement or reduction to a lower service, grade, posf. time-scale of pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent pn duty for any purpose".;
(d) in the explanation, after clause (i), the following Miuil be inserted, namely :— "(ii) the expression 'Pension' includes additional pciskm, gratuity and any other retirement benelii".
(9) in rule 21,—
(a) in sub-rule (2), after clause (i), Ihe following proviso shall be inserted, namely : — "Provided that whether such Authority is subordinate to the Chairman or Director in respect of council employee for whom Chairman ov Director is the appellate authority in terms of sub-rule (i). the appeal shall lie to the Chairman or Director, hs the case may be.";
(b) in sub-rule (3), for (he word and figure "Rs. 2,000/-" the word and figure "Rs. 5,000/-" shall be substitute!
(10) after rule 25, for the heading "Part VJII-RHVT[i\V", heading "PART Vlll-REVISJON ANP RKVIHSV" shall bi substituted.
(11) for rule 26 the following rule shall be sulr.tiUifid, namely :— "26, (1) Notwithstanding anything conUined in the-j rulen :—
(i) the Central Govirnment; or
(ii) the Council; or
(ili) the appellate authority, within six months of t/iO dale of the order proposed to be revised, may at any time, either on its or his own motion or otherwise call for the records of any inquiry and revise any order made under thesa rules but from which no appeal has been preferred oi" trom vhich no appeal is allowed, and may:
(a) confirm, modify or set aside the order; or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order or impose penalty where iu penalty has been imposed; or
(c) remit the case to the authority which made the order or to any other authority direcilng such uutho.i'y to make such further enquiry ns> it may LM/I-,\IJ< pioper in the circumstances of the case; or
(d) pass such other orders as it may deem hi :
Provided that :
(i) no order imposing or enhancing any penalty shall be made by any revising auihonty unless trie Council employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and, where it m proposed to impose any of (he penalties specific^ m clauses (v) to (ix) of rule 8 to enhance the rccilty imposed by the order sought io be revised to anv of the penalties specified in those clauses and if an enquiry under rule 11 has not already hesn held in the case no such penalty shall ho imposed except after an inquiry in the manner laid drr.vn in rule 11 subject to the provisions of rule 16.
(ii) no power of reyision shall be cvercised unless
(i) the authority which made the ord;r in appeal or
(ii) the authority to which an appeal would lie, where no appeal has been preferred, is subordinate to him.
(2) No proceeding for revision shall be commenced until after—
(i) the expiry of the period of limitation lor an nppi:it;
or
(ii) the disposal of the appeal, jvhere any such uppcnl has been preferred.
1047
(3) An application for revision shall be dealt with in (ho •same* manner as if it were un appeal under these rules.";
(12) for the rule 27, the following shall be substituted, namely :— "27. the authority who has passed any order may, at any time, cither on its own motion or othciwisc, review, any order passed under these rules, when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought, to his notice:
Piovided that nf> order imposing or enhancing any penalty shall be made by 'he concerned authority unless the employee concerned has been given a reasonable opportunity of making a representation against the penally proposed or where it is proposed to impose any of the major penalties specified In rule 8 or to enhance the minor penally imposed by the order sought to be reviewed to any of the major penalties and if any enquiry under rule 11 has not already been held in the case, no such penalty shall be imposed except after inquiring M the manner laid down in rule 11 subject to tbe provisions of rule 16".
(13) after rule 27, the heading "Part lX-Misctllaneous" shall be inserted.
[F. No. 3(27)/89.EI&EP] KUM. SUMA SUBBANNA, director Footnote : Principal Notification was published by No.
S.O. 42 of 7th January, 1978 and amendment by No. S.O.
144.2 of 5th May, 1979 No. S.O. 1020 of 19th April, 1980 and No. S.O. 556 of 61h February, 1982, No. S.O. 2631 of 14lh October, 1989.
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