INDIAN MARITIME UNIVERSITY ORDINANCES GOVERNING ADMINISTRATIVE MATTERS INDEX Chapter No. Title Page 1 Ordinances governing the terms and conditions of service of all employees of the university other than teachers.
1 2 Ordinances governing the conduct of the employees of the university 5 3 Ordinances governing the control and appeal of the employees of the university 9 4 Ordinances governing leave of all employees of the university other than teachers 14 5 Ordinances governing the traveling allowance of the employees of the university 18 6 Ordinances governing the leave travel concession to the employees of the university 23 7 Ordinances governing the reimbursement medical expenses to the employees of the university 25 8 Ordinances governing the code of conduct and discipline for avoidance of sexual harassment and maintenance of equality of opportunity 27 9 Recruitment rules: academic and administrative service 28
CHAPTER 1 ORDINANCES GOVERNING THE TERMS AND CONDITIONS OF SERVICE OF ALL EMPLOYEES OF THE UNIVERSITY OTHER THAN TEACHERS.
PART – I EXTENT OF APPLICATION
1. These rules may be called the “Indian Maritime University (Non-Teaching Employees Terms and Conditions of Service) Rules”. These rules shall be deemed to have come into force from 14th November 2008.
2. Subject to the provisions in the Act and Statutes, these rules shall apply to the employees of the Indian Maritime University other than the University teachers.
PART – II DEFINITIONS AND INTERPRETATIONS
3. Unless the context otherwise requires, the various terms used in these rules will have the meanings as explained below:
(i) Average Pay means the average monthly pay earned during the 10 complete calendar months immediately proceeding the month in which the event occurs which necessitates the calculation of average pay.
(ii) Cadre means the strength of a service or a part of a service sanctioned as a separate unit.
(iii) Compensatory Allowance means an allowance granted to an employee to meet the personal expenditure necessitated by the special circumstances in which duty is performed. It includes traveling 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) Employee (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) Honorarium 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 or intermittent character.
(viii) Foreign Service 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.
(ix) Joining Time means the time allowed to an employee to travel to or from a station to which he is posted on transfer from one station to another within the jurisdiction of the University.
(x) Leave Salary means the monthly amount paid by the University to an employee who is on leave.
(xi) Lien means the title of an employee to hold substantively either immediately, or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively.
(xii) Month means a calendar month. In calculating a period expressed in terms of months and days, complete calendar months, irrespective of the number of days in each, should first be calculated and the odd number of days calculated subsequently.
(xiii) Officiating means an employee officiates in a post when he performs the duties 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.
(xiv) Pay means the amount drawn monthly by an employee as:
(a) The pay other than special pay or pay granted in view of his personal qualifications which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre; and
(b) Special pay and personal pay.
(xv) Personal Pay means additional pay granted to an employee-
(a) to save him from loss of substantive pay in respect of a permanent post, other than a tenure post, due to revision of pay or to any reduction of such substantive pay, otherwise than as a disciplinary measure; or
(b) in exceptional circumstances on other personal considerations.
(xvi) Probation: A person on probation in a post is one appointed to that post for determining his fitness for eventual substantive appointment to the post.
(xvii) Special Pay means an addition of the nature of pay, to the emoluments of a post or of an employee, granted in consideration of,
(a) the specially arduous nature of the duties or
(b) a specific addition to the work or responsibility.
(xviii) Permanent Post means a post carrying a definite rate of pay sanctioned without limit of time.
(xix) Substantive Pay means the pay other than special pay or personal pay to which an employee is entitled to on account of a post to which he has been appointed substantively.
(xx) Subsistence Grant means monthly grant made to an employee who is not in receipt of pay or leave salary.
(xxi) Temporary 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 traveling in the interests of the University.
(xxiv) University means the Indian Maritime University.
PART – III 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 made from time to time be classified as follows (as per Vth CPC):- Sl.
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.13,500/- Group – ‘A’ 2 A post carrying a pay or a scale of pay with a maximum of not less than Rs.9,000/- but less than Rs.13,500/- Group – ‘B’ 3 A post carrying a pay or a scale of pay with a maximum of over Rs.4,000/- but less than Rs.9,000/- 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 – ‘D’ EMOLUMENTS, TERMS AND CONDITIONS OF SERVICE OF THE REGISTRAR UNDER STATUTE 4(2) 4 (1) (A)
1. The Registrar shall be a whole-time salaried officer of the University and he/she shall receive pay besides allowances as admissible to the University staff, in the scale of pay of Rs.37400-67000 with a Grade Pay of Rs 10000 or as revised from time to time by the Executive Council. His/her appointment shall be for a term of five years and it may be renewed for similar terms. First Registrar will be appointed for a term of 2 years.
Provided that in the event of the Office of the Registrar being filled by obtaining the services of a person on deputation/absorption, the 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 Organization.
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/she shall pay rent at the usual rate.
4. Other conditions of service of 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 conditions as may be specified by the Executive Council.
5. The contract of service of the Registrar shall be signed, on behalf of the University by the Officer performing the duties of the Registrar at that time or by the Finance Officer of the University.
EMOLUMENTS, TERMS AND CONDITIONS OF SERVICE OF THE FINANCE OFFICER UNDER STATUTE 5 (2) 4 (1) (3)
1. The Finance Officer shall be a whole-time salaried officer of the University and he/she/she shall receive pay and other allowances admissible in the pay scale of Rs.37400-67000 with a Grade Pay of Rs 10000 or as revised from time to time by the Executive Council. His/her appointment shall be for a maximum period of five years. The first Finance Officer will be for a term of 2 years.
Provided that the Finance Officer shall be appointed on deputation basis from an organized Accounts/Audit service/cadre. His/her salary shall be such as admissible to him/her according to the rules of deputation of service to which he/she belongs.
2. The Finance Officer shall perform his/her duties and functions as laid down in the Statutes and Ordinances of the University.
3. The Finance Officer shall be provided with unfurnished University accommodation for which he/she shall pay rent at the usual rates.
4. Other terms and conditions of service of the Finance Officer shall be as prescribed in the “Contract of Service of the Officers” and approved by the Executive Council subject to such other, additional conditions as may be specified by the Executive Council.
5. The contract of service of the Finance Officer shall be signed by the Registrar on behalf of the University.
(2) Qualifications for Appointment:
The age, qualifications and method of 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) Fitness:
(a) Appointment of persons by direct recruitment for a period for more than 3 months shall be subject to their being found medically fit by the Medical Officer of the University or any other Medical Authority authorized for the purpose or by a Medical Officer not below the rank of a Civil Surgeon.
(b) No person shall be appointed to any post unless the Appointing Authority is satisfied that he possesses good character and conduct.
(4) Methods of Recruitment:
Recruitment to posts may be made-
(i) by direct recruitment or
(ii) by promotion or
(iii) by transfer or
(iv) by deputation from Government Departments and other institutions.
(5) Recruitment by Promotion:
(i) Appointment to a post in any grade by promotion shall be made, whether in a permanent or officiating capacity, from amongst employees serving in posts in the next lower grade.
(ii) Every appointment by promotion shall be on the basis of suitability due regard being paid to seniority.
(6) Appointment:
(i) Appointment to a post shall be made by the Executive Council or by the Officer authorized 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 appointment to the post and the methods of recruitment shall be such as may be determined by the Executive Council from time to time.
(7) Adhoc Appointments:
Notwithstanding anything contained in the above rule, the Executive Council 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 ad hoc appointments.
(8) Appointments in the place of employees dismissed or removed or reduced:
Where an employee has been dismissed, removed or reduced from any cadre in 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, if any, preferred by him against such dismissal, or reduction is decided, and except in conformity with such decision or until the time allowed for preferring an appeal has expired, as the case may be.
(9) Re-employment in service beyond the date of superannuation:
Notwithstanding anything contained in these rules, the Executive Council shall have power:
(i) to extend the services of the employees of the University beyond the age of superannuation;
(ii) to re-employ persons who have worked under the Central Government or State Government or Union Territory Government or other Universities and who have retired from service on superannuation or on other grounds except on invalid grounds.
(iii) 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 addition satisfy one of the following two conditions:
(a) that no suitable person could be made available from the lower cadre on promotion or there is shortage in that cadre;
(b) that the retiring officer is of outstanding merit. Provided that no Officer shall be retained in the service of the University beyond two years from the date of superannuation prescribed by the University.
(10) Except as otherwise provided 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 from duty, whether on leave or on foreign service shall not render him ineligible to the privileges in respect of seniority, promotion and confirmation which he would have enjoyed but for his absence if he is fit otherwise.
(b) No permanent employee shall be granted leave of any kind for a continuous period exceeding five years.
(c) When an employee does not resume duty after remaining on leave for a continuous period of five years, or where an employee after the expiry of his leave remains absent from duty, otherwise than on foreign service or on account of suspension, or for any period which together with the period of 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 appointing authority may, in any individual case, extend the period of probation for a further period not exceeding 2 years the reason 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 the case of person appointed by promotion revert him to the post held by him immediately before such appointment; and
(ii) In the case of a person appointed by direct recruitment terminate 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 confirmation in that post.
(4) No employee shall be confirmed in any post unless-
(i) the service of the employee under the University is approved by the Appointing Authority.
7. The seniority of an employee regularly appointed to a post according to rule shall be determined by the order of merit indicated at the time of initial appointment, provided that the relative seniority of all 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.
(ii) 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 time 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 same rates at which he was drawing them immediately before the termination of his services, or as the case may be, for 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 his service, if the post 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 the expiry of such leave.
10.(1) Except as otherwise 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.
(3) Notwithstanding anything contained in this rule, the Vice-Chancellor shall, if he is of the opinion that it is in the interest of the University so to do, have the absolute right to retire any employee by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice;
(i) If he is in Group A or Group B service or post and had entered the University service before attaining the age of thirty-five years, after he has attained the age of fifty years;
(ii) In any other case after he has attained the age of fifty-five years.
(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 or 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 under suspension who seeks retirement under this clause.
(5) At any time after an employee has completed thirty years qualifying service --
(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 shall be entitled to a retiring pension.
Provided that –
(a) an employee shall give notice in writing to the Vice-Chancellor at least three months before the date on which he wishes to retire.
(b) the Vice-Chancellor may also give a notice in writing to an employee at least three months before the date on which he is required to retire in the interest of the University or three months pay and allowances in lieu of such notice:
Provided further that where the employee giving notice under clause (a) of the preceding proviso is under suspension, it shall be open to the Vice- Chancellor to withhold 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.
(ii) The notice of voluntary retirement given under sub-rule (1) shall require acceptance by the Vice Chancellor:
Provided that 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.
(iii) An employee, who has elected to retire under this rule and has given the necessary notice to that effect to the Vice Chancellor, shall be precluded from withdrawing 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 as the case may be, in writing addressed to the Vice Chancellor resign from the service of the University, or by payment of salary in lieu thereof:
Provided that the Vice Chancellor may, if it deems proper in any case, permit a permanent/temporary employee to resign from service on notice of less than three months/one month.
PART – IV MISCELLANEOUS
12. Every person holding a post under the University after the commencement of these rules but before the publication of these rules shall be deemed to have been appointed under the provisions of these rules and shall draw the pay drawn by him immediately before the issue of these rules.
13.(i) The University shall maintain a Service Book for each employee in such form as may be prescribed by the Executive Council.
(ii) The entries in the Service Book of an employee shall be made by the officer authorized 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 each year in the form prescribed by the University on the work and conduct of the employee who had served under them for periods not less than three months in the financial year immediately preceding and forward their reports to the Registrar or any other officer authorized for the purpose.
(ii) The Reviewing Officer, the next higher authority will have the discretion to determine which unfavourable reports or portions thereof are weight enough to be communicated to the officer reported against. All adverse entries should be communicated within a specific period to the officials concerned. Any representation against the adverse remarks will have to be made within two months and would lie to the next higher authority than the Reviewing Officer.
15. University employees shall be required to pass such departmental and other tests or examinations as may be prescribed by the Executive Council. The Executive Council may also lay down rules regarding the periods within which the tests should be passed, the consequences of not passing the tests and other cognate matters.
16. Any matter relating to the conditions of service of an employee for which no provision is made in these rules shall be determined by the Executive Council.
17. Not withstanding anything contained in these Rules the Vice-Chancellor may, if he is satisfied that there existed an extraordinary situation, notify certain categories and number of employees as he may deem necessary as essential to perform certain duties for maintaining services considered indispensable for a period not exceeding 90 days. Refusal to attend to such duties will render them liable for major penalty including dismissal from service.
18. Notwithstanding anything contained in these rules, the Executive Council may, in the case of any employee, relax any of the provision of these rules to relieve him of any undue hardship arising 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 these rules, the matter will be referred to the Executive Council and its decision shall be final.
PART – V PAY AND ALLOWANCES
20. The standard scales of pay for the posts created in the University service shall be as detailed below:
Classification Scale of Pay Pre-revised Revised
(1) (2) (3) Group A Rs 16400 -450-20900-500-22400 PB 37400-67000 GP 8900 Group A Rs 12000-420-18300 PB 37400-67000 GP 7600 Group A Rs 8000-275-13500 PB 15600-39100 GP 5400 Group B Rs 6500-200-10500 PB 9300-34800 GP 4200 Group C Rs 5500-175-8000 PB 9300-34800 GP 4200 Group C Rs 5000-150- 8000 PB 9300-34800 GP 4200 Group C Rs 4500-125-7000 PB 5200- 20200 GP 2800 Group C Rs 4000-100-6000 PB 5200- 20200 GP 2400 Group C Rs 3200- 85-4900 PB 5200- 20200 GP 2000 Group C Rs 3050-75-3950-80-4590 PB 5200- 20200 GP 1900 Group C Rs 2750-70-3800-75-4400 PB 5200- 20200 GP 1800 Group D Rs 2650-65-3300-70-4000 PB 4400- 7440 GP 1650 Group D Rs 2550- 55- 2660-60-3200 PB 4400- 7440 GP 1300 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.
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 employee will first be increased by one increment in the lower scale, and then fixed in the higher scale at the stage next above.
The employee 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 next annual increment falls due. The option, once exercised shall be final.
(ii) If he had previously served in the same post or in any other post under the University 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 initial pay of a pensioner including officers pensioned off and retired on contributory 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 the 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 not exceed:-
(1) The pay he drew before his retirement (Pre-retirement pay) or
(2) Rs.26,000/- whichever is less Note: (1) In all cases where either of these limits is exceeded the pension and other retirement benefits may be paid in full and the necessary adjustment made in the pay so as to ensure that the total of pay and pensionary benefits is within the prescribed limits.
After the pay is fixed either at the minimum or higher stage, or below the minimum as a result of the said adjustments, increase in pay may be allowed after each year of service 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.
Note: (2) Pay last drawn before retirement will be taken to be substantive pay plus special pay, if 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 case where the minimum pay of the post in which the officer is re-employed is more than the last pay drawn, the officer concerned may be allowed the minimum of the prescribed scale of the post less pension 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 pot to which he is appointed provided that the pay and gross pension/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 reemployment.
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 reemployed 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.- dtd.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 reemployed 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 work has not been satisfactory.
(ii) When an efficiency bar is prescribed in the time-scale, the increment next above that bar shall not be given to an employee without specific sanction of the Vice Chancellor.
23. (a) All duty in a post on a time-scale of pay counts for increments in that time-scale.
(b) Service in another equivalent or higher post, Foreign Service and joining time will count for increments.
(c) All leave except extraordinary leave taken without medical certificate will also count for increments.
(d) The extraordinary leave sanctioned for the following purposes shall automatically count as qualifying service for pension and increments without any further sanctions:-
(i) Extraordinary leave granted due to inability of a University employee to join or rejoin duty on account of civil commotion.
(ii) Extraordinary leave granted to a University employee for prosecuting higher technical and scientific studies.
24(1) An employee under suspension shall, during the period of suspension, draw subsistence allowance equivalent to half the rate of pay which is admissible to him immediately before the commencement of the suspension and in addition the dearness allowance as admissible on the basis of that pay and such compensatory allowances admissible from time to time on the basis of pay which he was in receipt on the date of suspension, subject to fulfillment of other conditions laid down for the drawal of such allowances.
Provided that where the period of suspension exceeds three months, the authority which made or is deemed to have made the order of suspension shall be competent 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, if, in the opinion of the 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 may 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, directly attributable to the employee.
(iii) The rate of the dearness allowance will be based on the increased or, as 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) shall be made unless the employee furnishes a declaration that he is not engaged in any other employment, business, profession or vocation during the period of suspension. Provided that in the case of an employee dismissed/terminated from service or compulsorily retired from service who is deemed to have been placed or to continue to be under suspension from the date of such dismissal or termination of service or compulsory retirement and who fails to produce such a declaration for any period or periods during which he is deemed 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 as the case may be, fall short of the amount of subsistence allowance and other allowances that would otherwise be admissible to him; where the subsistence allowance and other allowances admissible to him are equal to or less than the amount earned by him, nothing in this proviso shall apply to him.
(3) The permissible deductions from the subsistence allowance will be of the following two categories:-
(a) Compulsory deductions
(b) Optional deductions Compulsory deductions:
(i) Income-tax and Super-tax (Provided the employee’s yearly income calculated with reference to subsistence allowance is taxable).
(ii) House rent and allied charges, i.e. electricity, water, furniture, etc.
(iii) Repayment of loans and advances other than from provident fund taken from University at such rates as the Registrar may decide.
Optional deductions:
The deductions 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
(iii) Refund of advance taken from Provident Fund.
The deduction of the following nature should not be made from the 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 pay, personal pay, honorarium or fee on such conditions as may be prescribed by regulations.
26.(i) An employee shall be entitled to draw the pay of the post to which he is appointed from the date on which he assumed charge of the post, if joining on the forenoon 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 shall 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 of a higher post will receive pay of the higher post.
(ii) An employee placed in charge of the full duties of a post of status equivalent to 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 the 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 employee holding one post when placed in charge of the current duties of a lower post will not receive any allowance for the additional work.
Note: (1) The additional pay or allowance will not be admissible if the period of additional charge is 30 days or less.
(2) The additional pay or allowance will not be admissible for any period exceeding six months at a time.
28. The employees of the University will be eligible to draw Dearness Allowance, House Rent Allowance, City Compensatory Allowance, Travelling Allowance and other allowances as sanctioned by the University according to the rules in force from time to time and subject to the conditions prescribed for the drawal of thee allowances.
29. Unless there is anything repugnant in the Indian Maritime University Act, Statutes, Ordinances, any amendments to Fundamental Rules and Supplementary Rules shall be deemed to be the amendments to the relevant provisions of these rules or any order or any administrative instructions already issued/to be issued by the Central Government shall be deemed to be the orders or administrative instructions under these rules with effect from the date of such amendments/orders brought into force by the Central Government.
Chapter 2 ORDINANCES GOVERNING THE CONDUCT OF THE EMPLOYEES OF THE UNIVERSITY
PART – I
1. (1) These rules may be called the “Indian Maritime University (Conduct) Rules”.
(2) These rules shall be deemed to have come into force from 14th November 2008
2. In this chapter unless the context otherwise requires-
(a) “Employee” means teaching and non-teaching employees of the University.
(b) “Members of family” in relation to an employee includes:
(i) The wife or husband, as the case may be, of the employee whether residing with the employee 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.
(ii) Son or daughter or step-son or step-daughter of the employee wholly dependent on him, but does not include a child or 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.
(c) “Prescribed 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.
PART – II
3. (1) Every employee shall at all times:
(i) Maintain absolute integrity;
(ii) Show devotion to duty and
(iii) Do nothing which is unbecoming of an employee of the University.
(2) (i) Every employee, holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty to all employees for the time being under his control and authority;
(ii) (a) No employee shall, in the performance of his official duties, or in the exercise of powers conferred on him, act otherwise than in his best judgment except when he is acting under the direction of his official superior.
(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) An 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 specifically in the terms of appointment and the contract, every whole-time employee may be called upon to perform such duties as may be assigned to him by the competent authority, beyond scheduled working hours and on closed holidays and Sundays.
(iv) An employee shall observe the scheduled hours of working during which he must be present at the place of his duty.
(v) Except for valid reasons and/or unforeseen contingencies, no employee shall be absent from duty without prior permission. If an employee is absent from duty without permission for a continuous period of 90 days, he shall be treated as absconding from duty and his service shall be deemed as terminated.
Explanation: Nothing contained in clause (ii) of sub-rule 3.2 shall be construed as empowering an employee to evade his responsibilities, by seeking instructions from or approval of a superior officer or authority when such instructions are not necessary under the scheme of distributions of powers and responsibilities.
4(i) No employee shall use his position or influence directly or indirectly to secure employment 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 sanction any contract to any company or firm or any other person if any member of his family is employed in that company or firm or under that person or if he or any 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 organization which takes part in politics nor shall he take part in, 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 assisting in any other manner any movement or activity which is, or tends directly or indirectly to be, subversive of the Government 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 assisting in any other manner, any such movement or activity, he shall make a report to that effect to the University.
(3) If any question arises whether a party is political party or whether any organization takes part in politics or whether any movement or activity falls within the scope of sub-rule 5.2 the decision of the University thereon shall be final.
(4) No employee shall canvass or otherwise interfere with, or use his 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 sub-rule by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force.
Explanation: The display of an employee on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule.
6. No employee shall join or continue to be a member of an association, the object or activities of which are prejudicial to the interests of the sovereignty and integrity of India, public order, decency or morality.
7. No employee 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 contempt of court, defamation 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 of the University, own or 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 prescribed authority or except the bonafide 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 newspaper or periodical either in his own name or anonymously or in the name of any other person:
Provided that no such 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.
8. A. (i) Whenever an employee wishes to put forth 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 utterance, make any statement of fact or opinion.
(i) which has the effect of an adverse criticism of any current or recent policy or action of the University or the University Grants Commission or the Government; or
(ii) which is capable of embarrassing the relations between the University and the Commission 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) Save as provided in sub-rule 10.3 below, no employee shall except 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 been accorded under sub-rule 10.1 no such employee giving such evidence shall criticize the policy or any action of the University or Commission or the Government.
(3) Nothing in this rule shall apply to -
(a) The evidence given at an enquiry before an authority appointed by the University, Commission, Government, Parliament or any State Legislature; 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 authorized to communicate such document or information.
12. No employee shall, except with the previous sanction of the University 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 these rules, no employee shall accept or permit any member of his family or any other person acting on his behalf to accept any gift.
Explanation: The expression “gift” shall include 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.
Note 1: A casual meal, lift or other special hospitality shall not be deemed to be a gift.
Note 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, organizations, or from 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 value of 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 any such gift exceeds-
(i) Rs.200, in the case of an employee holding any Class I (Group A) or Class II (Group B) post;
(ii) Rs.100, in the case of an employee holding any Class III (Group C) post; and
(iii) Rs.50, in the case of an employee holding any Class IV (Group D) post.
(4) In any other case, an employee shall not accept, or permit any member of his family or any other person acting on his behalf 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 III (Group C) or Class IV (Group D) 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 employee if the market value of the gift in the country of origin does not exceed Rs.3,000/-.
(7) Where there is doubt whether 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 doubt about the actual market value of the gifts, the acceptance of such gifts and retention thereof by the employee shall be regulated by the instructions issued by the Government/University in this regard from time to time.
(8) An employee shall not accept any gift from any foreign firm which is either contracting with the University or is one with which the employee had, has or is likely to have, official dealings. Acceptance of gifts by an employee from any other foreign time shall be subject to the provisions of sub-rule 13.4.
13. No employee shall –
(i) give or take or abet the giving or taking of dowry; or
(ii) demand, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry.
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 sanction of the Vice Chancellor, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour, or in the honour of any other employee:
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 or influence of any sort on any employee to induce him to subscribe towards any farewell entertainment even if it is of a substantially private or informal character and the collection of subscriptions from Group “C” or Group “D” employees under any circumstances for the entertainment of any employee not belonging to Group “C” or Group “D” is forbidden.
15. (1) No employee shall except with the previous sanction of the University, engage directly or indirectly in any trade or business or undertake any other employment:
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 subject to the condition that in all the cases his official duties do not thereby suffer. He shall not undertake or shall discontinue such work or activity, if so directed by the University.
Explanation: Canvassing by an employee in support of the business of insurance agency, commission agency, etc., owned or managed by his wife or any other member of his family shall be deemed to be a breach of this sub-rule.
(2) Every employee shall report to the University if any member, of his family is engaged in a trade or business or own or manages an Insurance agency or commission agency.
(3) No 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 any other law for the time being in force or any co-operative society for commercial purposes:
Provided that an employee may take part in the registration, promotion or management of –
(i) a co-operative society substantially for the benefit of the employees registered under the Co-operative Societies Act, 1912 (2 of 1912) or any other law for the time being in force; or
(ii) a literary, scientific or charitable society registered under the Societies Registration Act, 1960 (2 of 1960) or any other law for the time being in force.
(4) No employee may accept any fee for any work done by 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 shall speculate in any stock, share, or other investment.
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.
(2) No employee shall make or permit any member of his family or any person acting on his behalf, to make, any investment which is likely to embarrass or influence him in the discharge of his official duties.
(3) If any question arises whether any transaction is of the nature referred to in sub-rule 16.2 the decision of the University thereon shall be final.
(4) (i) No employee shall, save in the ordinary course 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-
(a) lend or borrow or deposit money, as a principal or an agent, to, or from, or with any person or firm or private limited company within the local limits of his authority or with whom he is likely to have official dealings or otherwise place himself under any pecuniary obligation to such person or firm or private limited company; or
(b) lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid:
Provided that an employee may give to or accept from a relative or a personal friend, a purely temporary loan of a small amount free of interest or operate a credit account with a bonafide tradesman or make an advance of pay to his private employee;
Provided further that nothing in this sub-rule shall apply in respect of any transaction entered into by an employee with the previous sanction of the University.
(ii) When an employee is appointed or transferred to a post of such nature as would involve him in the breach of any of the provisions of sub-rule 16.2 or sub-rule 16.4, he shall forthwith report the circumstances to the prescribed authority and shall thereafter act in accordance with such order as may be made by such authority.
17. An employee shall so manage his private affairs so as to avoid habitual indebtedness 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 insolvent shall forthwith report the full facts of the legal proceedings to the University.
Note: The burden of proving that the insolvency or indebtedness was the result of circumstances which with the exercise of ordinary diligence, the employee could not have foreseen or over which he had no control, and had not proceeded from extravagant or dissipated habits, shall be upon the employee.
18.(1) Every employee shall on his first appointment to any University service or post submit a return of his assets and liabilities, in such form as may be prescribed by the University, giving the full particulars regarding-
(a) the immovable property inherited by 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 name of any other person;
(b) shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired, or held by him;
(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 not ordinarily apply to class IV (Group D) servants but the University may direct that it shall apply to any such employee or class (Group) of such employees.
Note 2: In all returns, the values of items of movable property worth less than Rs.2,000/- may be added and shown as a lump sum. The value of articles of daily use such as clothes, utensils, crockery, books, etc., need not be included in such return.
Note 3: (i) Where an employee already belonging to a service, or holding a post is appointed to any other civil service or post he shall not be required to submit afresh return under this clause.
(ii) Every employee belonging to any service or holding any post included in Group A or Group B shall submit an annual return in such form as may be prescribed by the University in this regard giving full particulars regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage either in his own name or in the name of any member of his family, or in the name of any other person.
(2) No employee shall, except with the previous knowledge of the University, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his own name or in the name of any member of his family;
Provided that the previous sanction of the University shall be obtained by the employee if any such transaction is—
(i) with a person having official dealings with the employee.
(3) Where an employee enters into a transaction in respect of movable property either in his own name or in the name of a member of his family, he shall, within one month from the date of such transaction, report the same to the University, if the value of such property exceeds Rs.10,000/- in the case 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 III (Group C) or Class IV (Group D) post:
Provided that the previous sanction of the University shall be obtained if any such transaction –
(i) with a person having official dealings with the employee.
(4) The University may, at any time by general or special order, require an employee to furnish, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or on his behalf or by any member of his family as may be specified in the order. Such statement shall if so required by the University, include the details of the means by which, or the source from which, such property was acquired.
(5) The University may exempt any category of employee belonging to Class III (Group C) or Class IV (Group D) from any of the provisions of this rule except sub-rule (4). No such exemption shall, however, be made without the concurrence of the Executive Council.
Explanation 1: For the purpose of sub-rule (1) the expression movable property includes:
(a) Jewellery, insurance policies the annual premia of which exceeds Rs.2,000/- or one sixth of the total annual emoluments received from the University, whichever is less, shares, securities and debentures;
(b) Loans advanced by such employees whether secured or not;
(c) motor cars, motor cycles, horses, or any other means of conveyance; and
(d) refrigerators, radios, radiograms and television sets.
Explanation 2: For the purposes of this rule, “lease” means, except where it is obtained from or granted to a person having official dealings with the employee, a lease of immovable property from year to year or for any term exceeding one year or receiving a yearly rent.
18-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, no 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 of his family, any immovable property situated outside India;
(b) dispose of by sale, mortgage, gift, or otherwise, or grant any lease in respect of any immovable property situated outside India which 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 organization or concern-
(i) for the acquisition 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 in 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 his private capacity and where any action for vindicating his private character or any act done by 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 the influence of such drink or drug;
(c) refrain from consuming any intoxicating drink or drug in a public place;
(d) not appear in a public place in a state of intoxication;
(e) not 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 to the interpretation of these rules, it shall be referred to the Executive Council whose decision thereon shall be final.
24. Unless there is anything repugnant in the Indian Maritime University Act, Statutes, Ordinances, any amendments to the Central Civil Services (Conduct) Rules, 1964 shall be deemed to be the amendments of the relevant provisions of these rules or any order or administrative instructions already issued/to be issued by the Central Government shall be deemed to be the orders or administrative instructions under these rules with effect from the date of such amendments/orders are brought into force by the Central Government.
Chapter 3 ORDINANCES GOVERNING THE CONTROL AND APPEAL OF THE EMPLOYEES OF THE UNIVERSITY
PART – I GENERAL
1. (1) These rules shall be called the “Indian Maritime University (Control and Appeal) Rules”
(2) They shall be deemed to have come into force from 14th November 2008
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 the penalities specified in rule 6.
(c) “Employee” means any person in the service of the University 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 services are temporarily placed at the disposal of another University or any other authority by 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 all the employee 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 shall decide the same.
4. Nothing in these 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 – II SUSPENSION
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:
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. An employee shall be deemed to have been placed under suspension by an order of appointing authority :- a) with effect from the date of this detention if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours.
b) with effect from the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding fortyeight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation: The period of forty-eight hours referred to in clause (b) of this sub-rule 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 to have continued in force on and from the date for the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
4. Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee is set aside or declared or rendered void in consequence 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 the allegation which the penalty of dismissal, removal, or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders:
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 of the case.
5. a) an order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.
b) where an employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise) and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under 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.
c) An order of suspension made or deemed to have been made under this rule may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
PART – III PENALTIES AND DISCIPLINARY AUTHORITIES
6. The following penalties may for good and sufficient reasons and as hereinafter provided, be imposed on an employee namely:- Minor Penalties i) Censure 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 Major Penalties v) Reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the employee will earn increments of pay during the period of such reduction and whether on the expiry of such period the reduction will or will not have the effect of postponing the further increments of his pay.
vi) Reduction to a lower time-scale of pay, grade or post or service shall ordinarily be a bar to the promotion of the employee to the time-scale of pay grade, post or service from which he was reduced with or without further directions regarding conditions of restoration to the grade or post of service from which such reduction has been made.
vii) Compulsory retirement viii) Removal from service.
ix) Dismissal from service
Explanation: 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 the time scale of pay on the ground of his unfitness to cross the bar.
ii) Non promotion of an employee whether in a substantive or 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 and orders governing such probation.
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 the 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 Vice-Chancellor may impose on an employee any of the penalties specified in clauses (i), (ii), (iii) and (iv) of rule 6.
(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 on the Executive Council 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 cause against the action proposed to be taken in regard to him.
(b) An appeal shall lie 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 of 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 may –
(a) Institute disciplinary proceedings against any employee;
(b) direct a disciplinary authority to Institute disciplinary 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 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 penalties specified in clause (v) to (ix) of rule 6 notwithstanding that such disciplinary authority is not competent under those rules to impose any of the latter penalties.
PART – IV PROCEDURE FOR IMPOSING PENALTIES
9. (1) No order imposing any of the penalties specified in clauses (v) to (ix) of rule 6 shall be made except after an enquiry held as may be, in the manner provided in this rule and rule 11.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for enquiry into the truth of any imputation of misconduct or misbehavior against any employee. It may itself enquire into, or appoint under this rule an authority to enquire into the truth thereof.
Explanation: Where the disciplinary authority itself holds the enquiry, any reference in sub-rule (7) to sub-rule (20) (22) to the enquiring authority shall be construed as a reference to the disciplinary authority.
(3) Where it is proposed to hold an enquiry against an employee under this rule and rule 11, the disciplinary authority shall draw up or cause to be drawn up :
(i) the substance of the imputations of misconduct or misbehavior into definite and distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehavior in support of each article of charge which shall contain.
(a) A statement of all relevant facts including any admission or confessions made by the employee.
(b) A list of documents by which and a list of witnesses by whom the articles of charge are proposed to be sustained.
(4) The disciplinary authority shall deliver or cause to be delivered to the employee a copy of the articles of charge, the statement of the imputations of misconduct or misbehavior and a list of documents and witnesses by which each article of charge is proposed to be sustained, and shall require the employee to submit within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person.
(5)(a) On receipt of the written statement of defence the disciplinary authority may itself enquire 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 all the articles of charge have been admitted by the employee in his written statement of defence the disciplinary authority shall record its findings on each charge after taking such evidence as it may thing fit and shall act in the manner laid down in Rule 10.
(b) 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 necessary to do so, appoint, under sub-rule (2) an Inquiring authority for the purpose.
(c) Where the disciplinary authority itself inquires into any article of charge or appoints an Inquiring authority for holding an Inquiry into such charge, it may by an order, appoint an employee to be known as the “presenting officer” to present on 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 statement of the imputations of misconduct or misbehavior ;
ii) a copy of the written statement of defence, if any, submitted by the employee;
iii) a copy of the statements of witnesses, if any, referred to in sub rule (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 at such time within fifteen working days from the date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour as the Inquiring authority may, by a notice in writing specify in this behalf, or within such further time, not exceeding fifteen days, as the inquiring authority may allow.
(8) The employee may take the assistance of any other employee to present the case on his behalf but shall not engage a legal practitioner for the purpose.
(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, the inquiring authority shall record the plea, sign the record and obtain the signature of the employee thereon.
(10) The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the employee pleads guilty.
(11) The inquiring authority shall, if the employee fails to appear within the specified time or refuses or omits to plead guilty, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge and shall adjourn the case to a later date not exceeding thirty days, after recording an order that employee may for the purpose of preparing his evidence;
(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)
(ii) Submit a list of witnesses to be examined on his behalf.
Note: If the employee applies orally or in writing for the supply of copies of the statement of witnesses mentioned in the list referred to in sub-rule (2) the inquiring authority shall furnish to the employee with such copies as early as possible 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 ten days as an inquiring authority may allow, the production of any documents which are in possession of the University but not mentioned, in the list referred to in sub-rule 3.
Note: The employee shall indicate the relevance of the documents required by him to be produced by the University.
(12) The inquiring authority shall, on receipt of the notice for the production of documents forward the same or copies thereof to the authority in whose custody or possession the 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 of the documents as are, in its opinion, not relevant to the case or not in the best interests of the University.
(13) On receipt of the requisition referred to in sub-rule (12) every authority having the custody or possession 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 inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicated the information to the employee and withdraw the requisition made by it for the production of such documents.
(14) On the date fixed for the inquiry the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witness shall be examined by or on behalf of the employee. The Presenting Officer shall be entitled to reexamine the witnesses on any points on which they have been cross examined. The inquiring authority may also put such questions to the witnesses as it thinks fit.
(15) If it shall appear necessary before the close of the case on behalf of the disciplinary authority, may in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the employee, or may itself call for new evidence or recall and re-examine any witnesses and in such case the employee shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for at least three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the employee an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the employee to produce new evidence if it is of the opinion that the production of such evidence is necessary in the interests of justice.
Note: New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally.
(16) When the case of the disciplinary authority is closed, the employee shall be required to state his defence, orally or in writing as he may prefer. If the defence is made orally, it shall be recorded and the employee shall be required to sign the record. In either case a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.
(17) The evidence on behalf of the employee shall then be produced. The employee may examine himself in the own behalf if he so prefers. The witnesses produced by the employee shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring authority.
(18) The inquiring authority may, after the employee closes his case, and shall if the employee has not examined himself generally question him on the circumstances appearing against the employee in the evidence for the purpose of enabling the employee to explain any circumstances appearing in evidence against him.
(19) The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, if any, appointed, and the employee, or permit them to file written briefs of their respective case, if they so desire.
(20) If the employee to whom the copy of the articles of charge has been delivered, does not submit the written statement of the defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex-parte.
(21) (a) Where a disciplinary authority competent to impose any of the penalties specified in clauses (i) to (iv) of rule 6 but not competent to impose any of the penalties specified in clauses (v) to (ix) of the rule has itself enquired into or caused to be inquired into the articles of any charge and that authority having regard to its own findings or having regard to its decision on any of the opinion that the penalties specified in clauses (v) to (ix) of rule 6 should be imposed on the employee, that authority shall forward the records of the inquiry to such disciplinary authority as is competent to impose the last mentioned penalties.
(b) The disciplinary authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice, recall the witness and examine, cross-examine and re-examine the witnesses and may impose on the employee such penalty as it may deem fit in accordance with these rules.
(22) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by itself.
Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses as herein before provided.
(23) (i) After the conclusion of the inquiry, report shall be prepared and it shall contain –
(a) the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(b) the defence of the employee in respect of each article of charge;
(c) an assessment of the evidence in respect of each article of charge.
(d) the findings on each article of charge and reasons therefor.
Explanation:
If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of the charge different from the original articles of the charge, it may record its findings on such article of charge:
Provided that the findings on such article of charge shall not be recorded unless the employee has either admitted the facts on which such articles of charge is based or has had a reasonable opportunity of defending himself against such article of charge.
ii) The inquiring authority, where it is not itself the disciplinary authority shall forward to the disciplinary authority the records of inquiry which shall include – a) The report prepared by it under clause (i) b) The written statement of defence, if any submitted by the employee;
c) The oral and documentary evidence produced in the course of the enquiry.
d) Written briefs, if any, filed by the Presenting Officer or the employee or both during the course of the inquiry and e) The order, if any made by the disciplinary authority and the inquiring authority in regard to the inquiry.
10. (1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of rule 9 as far as may be.
(2) The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on any article of charge record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.
(3) If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clause (i) to (iv) of rule 6 should be imposed on the employee, it shall notwithstanding anything contained in rule 11, make an order imposing such penalty.
(4) If the disciplinary authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry is of the opinion that any of the penalties specified in clauses (v) to (ix) of rule 6 should be imposed on the University employee, it shall make an order imposing such penalty and it shall not be necessary to give the University employee any opportunity of making representation on the penalty proposed to be imposed.
11. (1) Subject to the provision of sub-rule (3) of rule 10 no order imposing on an employee any of the penalties specified in clauses (i) to (iv) of rule 6 shall be made except after – a) informing the employee in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;
b) holding an inquiry in the manner laid down in sub-rule (3) to (23)of rule 9 in every case in which the disciplinary authority is of the opinion that such inquiry is necessary.
c) Taking the representation if any, submitted by the employee under clause (a) and the record of inquiry, if any, held, under clause (b) into consideration, and d) recording a finding on each imputation of misconduct or misbehaviour;
1) (A) 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 employee under clause (a) of that sub-rule to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension 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 period, an inquiry shall be held in the manner laid down in sub-rule (3) to (23) of rule 9, before making any order imposing on the employee any such penalty.
2) The record of the proceedings in such cases shall include – i) a copy of the intimation to the employee of the proposal to take action against him;
ii) a copy of the statement of imputations of misconduct or misbehaviour delivered to him;
iii) his representation, if any, iv) the evidence produced during inquiry;
v) the findings on each imputation of misconduct or misbehaviour; and vi) the orders on the case together with the reasons thereof.
12. Orders passed by the disciplinary authority shall be communicated to the employee who shall also be supplied with a copy of the report of inquiry, if any, held by the disciplinary authority and a copy of its findings, on each article of charge, or where the disciplinary authority is not the inquiring authority a copy of the report of the inquiring authority and a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority unless they have already been supplied to him.
13. (1) Where two or more employees are concerned in any case, the Executive Council or any other authority competent to impose the penalty of dismissal from service on all such employees may make an order directing that disciplinary action against all of them may be taken in a common proceeding.
Note: If the authorities competent to impose the penalty of dismissal on such employees are different an order for taking disciplinary action in common proceedings may be made by the highest of such authorities with the consent of the others.
(2) Subject to the provisions of sub-rule (2) of rule 7 any such order shall specify
(i) the authority which may function as the disciplinary authority for the purpose of such common proceedings;
(ii) the penalties specified in rule 6 such disciplinary authority shall be competent to impose;
(iii) whether the procedure laid down in rule 9 and rule 10 or rule 11 shall be followed in the proceedings.
14. Notwithstanding anything contained in rule 9 to rule 13 –
(i) where any penalty is imposed on an employee on the ground of conduct which has led to this conviction on a criminal charge, or
(ii) where the disciplinary authority is satisfied, for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit.
15. (1) Where the services of an employee are lent to an outside authority (hereinafter in this rule referred to as the ‘borrowing authority’) the borrowing authority shall have the power of the appointing authority for the purpose of placing such employee under suspension and of the disciplinary authority for the purpose of conducting a disciplinary proceedings against him;
Provided that the borrowing authority shall forthwith inform the University which lent the services of the employee of the circumstances leads to the order of suspension of such employee or the commencement of disciplinary proceeding, as the case may be.
(2) In the light of the findings in the disciplinary proceeding conducted against the employee.
(i) If the borrowing authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 6 should be imposed on the employee, it may after consultation with the lending authority, make such orders on the case as it deems necessary;
Provided that in the even of a difference of opinion between the borrowing authority and the lending authority the services of the employee shall be replaced at the disposal of the lending authority.
(ii) If the borrowing authority is of the opinion that any of the penalties specified in clauses (v) to (ix) of rule 6 should be imposed on the employee it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry and thereupon the lending authority may pass such orders thereon as it may deem necessary;
Provided that, before passing any such order, the disciplinary authority shall comply with the provisions of sub-rule (3) and (4) of rule
10.
Explanation : The disciplinary authority may make an order under this clause on the record of the inquiry transmitted to it by the borrowing authority, after holding such further inquiry as it may deem necessary, as far as may be, in accordance with rule 9.
16. (1) Where an order of suspension is made or a disciplinary proceedings is conducted against an employee whose services have been borrowed from outside authority lending his services (herein after in this rule referred to as “the lending authority”) shall forthwith be informed the circumstances leading to the order of the suspension of the employee or of the commencement of the disciplinary proceedings, as the case may be
(2) If, in the