2142 THE GAZETTE OF INDIA : DECEMBER 18,1993/AGRAHAYANA 27, 1915 [PART II—SEC. 3.(0] 2143 2774 GI|93—4, 2144 THE GAZETTE OF INDIA : DECEMBER 18, 19 93/AGRAHAYANA 27, 1915 [PART I I — S E C . 30)] MINISTRY OF COMMERCE New Delhi, the 31st May, 1993 G.S.R. 622.—In exercise of the powers conferred by section 17 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), the Central Government hereby makes the following rules to amend the Export Inspection Agency Employees (Classification, Control and Appeal) Rules, 1978,-— namely :—•
1. (1) These rules may be called the Export Inspection Agency Employees (Classification, Control and Appeal) (Amendment) Rules, 1993.
(2) They shall come into force on their publication in the Official Gazette.
2. In the Export Inspection Agency Employees (Classification, Control and Appeal) Rules, 1978,—
(1) for the rule 5, the following rule shall be substituted namely :— "5. Fot the purpose oi' these rules, the employees shall be classified into the following four groups1, 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 scale of pay with a maximum of not less than Rs. 2,900 but less than Rs. 4,000.
Gitoup 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 D1: A post carrying a pay or a scale of pay with a maximum of which is Rs. 1,150 o^ less:
Provided that posts created on or after 1st January, 1986 as specific additions to existing cadres shall have the same classification posts in the cadre to which they are added.
Note :—For the purpose of this rule :—
(1) 'Pay' means the amount drawn monthly by the Agency 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 posf means the pay or scale of pay prescribed under thb Central Civil Services (Revised Pay) Rules, 1986 as applicable to Agency 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 o'f 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 act is established, the penalty mentioned in clause (viii) of clause (ix) shall be imposed;
2J45
Provided further that in any exceptional case and for special reasons to be recorded in writing, any other penalty may bo imposed.";
(3) i.n rule 11, for sub-rule (8) , the following shall be substituted, namely:— "(8) The Agency employees may take Lhe assistance of any Government servant posted in any office either at his head quarters or at the place where the inquiry is held to defend the case on his behalf but may not engage a legal practitioner for the purpose unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or, the disciplinary authority having regard to the circumstances of the case, so permits :
Provided that the Agency employees may take the assistance of any other Government servant posted at any other station, if the inquiring authority having regafd to the circumstances of the case, and for reasons to be recorded in writing, so permits.
Note :—"The Agency employees shall not take the assistance of a Government servant who has two pending disciplinary cases.
in hand in which he has to give assistance."
(4) in rule 12, after sub-rule (4) , the following proviso shall be inserted, namely :— "Provided that where an enquiry has bee.n 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 the Inquiring Authority, shall before making any final order of imposing such penalty, forward a copy of the inquiry report to the Agency employee concerned giving him an opportunity of making any representation or submission in writing to the Disciplinary Authority.";
(5) in rule 13, after sub-rule ( I ) , the following shall be inserted, namely:—- "(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 Agency employee under clause (a) of that subrule to with-hold increments in pay and such with holding of increments is likely to affect adver'sly the amount of pension payable to the employee or to with-hold increments of pay for a period exceeding three years or to with-hold increments of pay with cumulative effect for any period, the inquiry shall be held in the ma.nncr laid down in sub-rule (3) to (23) of rule 11, before making any order imposing on the agency employee any such penalty.";
(6) for the rule 16, the following shall be substituted, namely ;— "16. Notwithstanding anything contained in Rule 11 to Rule 15;
(i) where any penalty is imposed on a Agency employee on the round of conduct which has led to his conviction on a criminal charge, or
(ii) where the disciplinary authority is satisfied for reasons to be recorded by ii in writing is not reasonably practicable to hold an inquiry in the manner provided in these rules, or
(iii) where the Agency or Chairman is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules, "he disciplinary authority may consider1 the circumtanecs of the case and make such order thereon as : deems fit:
Provided that the Agency employee may be given n opportunity of making representation on the penalty roposed to be imposed before any order is made l a case under clause (i)".
(7) in rule 19, in sub-rule (1) , for 'LRs. 2,000", the figure "Rs. 5,000" shall be substituted.
(8) m rule 20,
(a) For the sub-clause (ii), the following shall be substituted, namely :—
(ii) an 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), the following shall be inserted namely :—- "(bb) reducing or with-holding 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 tiie period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time-scale of nay or stage in a time-scale of pay to the date of his reinstatement or restoral on to his service, grade or post shall be tre.itcd as a period soent on duty for any purpose"7.;
(d) In the Explanation, after clause (i), the following shall be inserted, namely:— "(ii) the expression 'Pension' includes, additional oension, gratuity and any other retirement benefit".
2146 THE GAZETTE OF INDIA : DECEMBER 18, 19 9 3 / A G R A H A Y A N A 11, 1915 [PART I I — S E C . 3(i)]
(9) in rule 2 1 , —
(a) in sub-rule (2), after clause (i), the following proviso shall be inserted, namely :— ''Provided that whether such Authority is subordinate to the Chairman or Director in respect of Agency employee for whom Chairman or Director is the appellate authority in terms of sub-rule (i), the appeal shall Ueto the Chairman or Director, as the case may b e " ;
(b) in sub-rule (3), for the word and figure "Rs. 2,000" the word and figure "Rs.
5,000" shall be substituted.
(10) after rule 25, for the heading "Part VII1-RE- VIEW", heading L'PART V11I-REVISION AND RE- VIEW" shall be substituted.
(11) for rule 26 the following rule shall be substituted, namely :— '
26. (1) Notwithstanding anything contained in these rules:—
(i) the Central Government ; or
(ii) the Council ; or
(iii) the appellate authority, w'ithin six months of the date of the order proposed to be revised, may at any time, either on its or his own motion or otherwise call for tho records of any inquiry and revise any order made under these rules but from which no appeal has been preferred or from which no appeal is allowed, and1 may. I
(a) confirm, modify or set aside the order; or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order or imr>osc penalty where no penalty has been imposed; or
(c) remit the case to the authority which made the order or to any other authority directing such authority to ro,akc such further enquiry as it may consider proper in the circumstances of the case; or
(d) pass such other orders as it ma\- ck-:m fit:
Provided that :—
(i) no order imposing or enhancing any penalty shall be made by any revising authority unless the Agency employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and, where it is proposed to impose any of the penalties specified in clauses (v) to (ix) of rule 8/ to enhance the penalty imposed by (!c order sought to be revised to any of the penalties specified in those clauses and if an enquiry under rule 11 has not already been held in the case no such penalty shall be imposed except after an inquiry in the manner laid down in rule 11 subject to the provisions of rule 16.
(ii) no powfer of revision shall be exercised unless (i) the authority which made the order in appeal or
(ii) the authority to which an appeal would lie, where no appeal has been preferred, is subordinate to him.
(2) No proceeding for revision shall be com,- menced until after:—
(i) the expiry of the period of limitation for an appeal; or
(ii) the disposal of the appeal where any such appeal has been preferred.
(3) An application for revision shall be dealt with in the same manner as if it were an appeal under these 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 ow'n motion or otherwise, 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 :
Provided that no order imposing or enhancing any penalty shall be made by the concerned authority unless the employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in xule 8 or to cr.hance the minor penalty imposed by the order sight 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 in the manner laid down in rule 11 subject to the provisions of rule 16".
(13) after rule 27, the heading "Part IX-Misccllaneous" shall be inserted.
[F. No. 3(27)[89-EI&EP] KUM. SUMA SUBBANNA, Director Footnote : Principal Notification was published by No. S.O. 43 of 7th January, 1978 and amendment by S.O. 1443 of 5th May, 1979 No. S.O. 1019 of 19th April, 1980 and No.
S.O. 557 of 6th February, 1982, No. S.O.
2632 of 14th October, 1989.