PUNJAB SCHEDULED CASTES LAND DEV. & FINANCE CORPORATION CHANDIGARH.
STAFF REGULATION In exercise of the powers conferred by Section 34 of the Punjab Scheduled Castes Land Dev.& Finance Corporation Act.1970, the Board of Directors of the Punjab Scheduled Castes Land Dev. & Finance Corporation hereby makes the following Staff Regulation:
CHAPTER 1 PRELIMINARY
1.SHORT TITLE:
TheseRegulations may be called the Punjab Scheduled Castes Land Dev. & Finance Corporation Staff Regulation ,1971.
2.COMMENCEMENT:
These Regulations shall come into force from the date on which they are approved by the Board of Directors.
3. APPLICATION:
(1) These Regulations shall apply to:
(a)every wholetime officer or employee of the Corporation;
(b)every officer or employee employed temporarily and every adviser or agent or any other persons recruited on special contract, subject to the terms of such contract;
Provided that nothing in these Regulations shall apply to the Executive Directors unless the application to him of all or any of these Regulations has been approved by the State Govt./Governor of Punjab.
(2) The Executive Director may with the prior sanction of the Board of Directors, enter into a special contract with an officer or employee with terms and conditions, which may vary from the provisions of these Regulations.
4.DEFINITIONS:
In these Regulations, unless there is any thing repugnant in the subject or context:
(a)“The Board” means the Board of Directors of the Punjab Scheduled Castes Land Development & Finance Corporation;
(b)“Corporation “ means the Punjab Scheduled Castes Land Development & Finance Corporation;
(c) “Chairman “ means the Chairman of the Board constituted under the Punjab Scheduled Castes Land Dev. & Finance Corporation Act,1970;
(d)“The Executive Directors “ in relation to any powers exercisable by him includes any Directors or Officer who is authorised by the State Govt. Governor Punjab to exercise the powers and functions of the Executive Director during the temporary absence of the Executive Directors;
(e)“Administrative Officer’ in relation to any powers exercisable by him includes an Officer authorised by the Executive Director to exercise the powers of the Administrative Officer during the temporary absence of the Administrative Officer;
(f) “Direct Appointment” means an appointment made otherwise than by promotion or transfer of person already in the service of the Corporation or made by taking a person on deputation from the Government or any other Corporation;
(g)"Duty” means the period of service including service as a probationer, period during which an employee is on joining time and period spent on casual leave duly authorised, which counts for pay, leave and other emoluments but does not include any period of Suspension or extraordinary leave without pay.
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(h)“Family” means an employees’ spouse and children as well his or her parents, unmarried sisters and minor brothers, provided each one of them is ordinarily residing with and wholly dependent upon him or her;
(i)“the Government” means the Punjab Government in the Deptt. of Welfare of Scheduled Castes and Backward Classes;
(j)' Employee” means a person (whether an officer or any other employee employed on any post under the Corporation, but does not include, except for the purpose of disciplinary action, a casual worker or a daily wage earner,
(k)“Permanent Employee” means an employee appointed on a permanent basis against a permanent post;
(l) “Temporary Employee” means an employee appointed for a limited period for work, which is essentially of a temporary nature or appointed against a temporary post or vacancy for a specified or unspecified period;
(m)“Probationer” means an employee provisionally employed to fill in a permanent vacancy, on probation, for a period specified in Regulation (19) ;
(n)“Average Pay” means the average monthly pay earned while on duty during the twelve calendar months immediately proceeding the month in which the employee proceeds on leave, and in the case of an employee, who has not been on duty for more than a year, the average monthly pay earned while off duty during the calendar months immediately proceeding the month in which he proceeds on leave;
(0) “Pay” means the amount drawn monthly by an Officer or an employee as:
(i)the pay which has been sanctioned for a post held by him substantively or in an Officiating capacity or which he is entitled by reason of his position in a cadre;
(ii)Special pay and personal Pay;
(ili)Any other emoluments which may be specially classed as pay by Punjab Government from time to time;
(p)“Personal Pay” means an additional pay granted to an Officer or an employee:
(i)to save him from a loss of his substantive pay in respect of permanent post due to a revision of pay or to any reduction of such substantive pay, otherwise than as a disciplinary measure or
(ii)in exceptional circumstances on other personal consideration.
(q)“Special Pay” means an addition in the nature of pay to the emoluments of a post or of an employee granted in consideration of:
(i)the specially arduous nature of the duties;
(ii)a Specific addition to the work or responsibility;
(r) “Substantive Pay” means the pay to which an employee is entitled on account of a post to which he has been appointed substantively or by reason of his substantive positionin a cadre;
(s)“Honorarium “ means the recurring or nonrecurring payment granted to anyperson from the funds of the Corporation;
(t)"Appointing Authority “ means the authority competent / authorised to made appointments.
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5. BOARD’S POWER TO CHANGE REGULATIONS:
The board shall have power to make from time to time ,such additions ,deletions ,alternations or amendments in these Regulations, as it may deem fit and relax any of the provisions contained therein; provided that any new regulation or alternation in an existing regulation shall be issued in the form of a circulation for circulation among the staff provided further that no new regulation or an alternation is an existing regulation shall operate to reduce the scale of pay of an employee on which he is entitled to draw pay in a substantive capacity on the day the new regulation or alteration comes into force.
Provided further that no addition deletion , alteration or amendment in these Regulations shall be done without the prior approval of the Government .
6.POWER TO INTERPRET & IMPLEMENT REGULATIONS:
The power to interpret the Regulation vests in Executive Director ,who is also hereby empowered to issue much administrative instructions, as may be necessary to give effect to and carry out the purposes of the provisions of these Regulations or generally to secure effective control of the staff by devising subsidiary rules, delegation of powers, procedure of forms ,subject to revision by the Board at any time SuoMoto or on representation by any employee; provided that if as a result of any decision of the Executive Director as regards the construction of any Regulation or regulations ,an employees feels aggrieved ,he shall have a right to appeal against such decision of the Executive Director to the Board ,whose decision shall be final and binding on all concerned.
7.POWER TO CREATE POST & DECLARATION OF TEMPORARY POSTS TO PERMANENT:
TheBoard shall have the power to declare a temporary posts as permanent or create new posts with different designations and scales of pay whether on a permanent or temporary basis. The Board shall review, at any time to decide which of the posts could be declared permanent.
8.NATURE OF POSTS:
There shall be permanent as well as temporary posts under the Corporation.
CHAPTER il APPOINTMENTS, PROBATION & TERMINATION OF SERVICE APPOINTMENTS.
9. (1) CLASSIFICATION OF STAFF:
For the purpose of these Regulations, the posts under the Corporation shall be classified into the following two categories namely:
a) Officers and b)Other employees In addition there will be further classification of the staff of the Corporation, as follows:
i) Administrative Staff, il) Audit and Accounts Staff; and ili) Technical Staff;
(2)The Board shall fix from time to time, the number of posts in all categories of its employees and the pay scale to be attached to the posts. Normally ,the pay scales of all categories of employees of the Corporation shall be similar to those, as are obtaining in the Govt. of Punjab for such categories of employees. The Board shall, however, have the power to prescribe different scales to pay in special circumstances.
10.ELIGIBILITY FOR APPOINTMENTS:
No person shall be appointed to any post under the Corporation ,unless he is ;
(a) a Citizen of India ,or
(b) a Subject of Sikkim,or
(c) a Subject of Nepal ,or
(d) a Subject of Bhutan,or new Staff Regulation 3
(e) a Tibetan refugee who came over to India before the Ist January 1962,with the intention of permanently setting in India ,or
(f) a person of Indian origin who has migrated from Pakistan with the intention of permanently settling in India;
Provided that candidate belonging to categories (b),(c),(d),(e) and (f) shall be a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category(f) ,the certificate of eligibility will be issued for aperiod of one year ,after which such a candidate will be retained in service subject to his having acquired Indian Citizenship.
11.MANNER OF APPOINTMENT :
Appointment to various posts shall be made by one or more of the following methods (Details in Annexure —‘A’).
(i) by direct appointment ;or
(ii) by promotion of existing personnel or by transfer from post to another;
(iil) by borrowing personnel from the State Govt. or Govt. Cooperative Institutions and any other Corporation.
12. POWER TO APPOINT:
All appointments of Officers/Officials of the rank of Administrative Officer and below shall be made by the Executive Director. In the case of Officers of ranks higher than Administrative Officer, Executive Director may make the appointments with prior approval of Chairman in case of urgency and emergency.However, Expostfacto sanction of the board should be obtained in their next meeting after the said appointment.
13.AGE:
The minimum age for entry into the service of this Corporation shall be 18 years .The age of a person at the time of his first appointment to the service shall be as per Punjab civil services rules.
14.QUALIFICATIONS:
The Board/Appointing Authority may prescribe for various posts the qualification whether academic ,technical otherwise or tests of physical standards or any experience that it may consider necessary and expedient for confirmation, promotion or continuance in service .However ,except in case of Class IV Employees ,all categories of employees to be recruited must have passed Punjabi upto Matric Standard.
15.CERTIFICATE OF HEALTH AND GOOD CHARACTER:
The direct appointment of every person to any post under the Corporation shall be subject toproduction by such person, of a Medical Certificate of fitness from Chief Medical Officer or Medical Officer of the Corporation and also a certificate acceptable to the Executive Director that he bears a good moral character.
16. REAPPOINTMENT IN THE CORPORATION’S SERVICE:
\)No person who has been dismissed from any public or private employment or has otherwise ceased to be in the service of the corporation shall be reemployed except with the specific approval of the Board;
il)Except as otherwise provided by the Board at the time of his reemployment, these regulations shall apply to a person who is reemployed in the Corporation’s service as if he had enters the service for the first time on the date of his reemployment.
17.GRANT OF INITIAL INCREMENTS ON FIRST APPOINTMENT:
TheExecutive Director may for special reasons to be recorded in writing grant initial increments to an employee on his first appointment, provided that all cases in which the pay of an employee is fixed at a stage higher than the minimum of the scale on which the appointment is made shall be subsequently reported to the Board provided further that where the appointment in question is to be made for officer, no initial increments shall be granted ,except with the previous approval of the Board.
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18.COMMRNCEMENT OF SERVICE:
Except as otherwise provided by or underthese Regulations, “Service” of an employee shall be deemed to commence from the working day on which an employee reports for duty in an appointment covered by these Regulations at the place and time intimated to him by the Executive Director ,provided that he reports before noon, otherwise his service shall commence from the next following working day.
EXPLANATION :“ Service” includes the period during which an employee is on duty as well as on leave duly authorised by the Executive Director but does not include any period during which an employee is absent from duty without permission or overstays his leave, unless specially permitted by the Executive Director.
PROBATION
19.PERIOD OF PROBATION:
(1)All direct appointments shall ,in the first instance be on probation in respect of permanent posts and on temporary basis in respect of temporary posts.
(2) Officials recruited directly will remain on probation for two years and they would be considered for confirmation after three years subject to availability of permanent posts .The probation period in case of promotees will however be one year. This rule will not be applicable in case of Class IV employees
(3) If, at the expiration of the period of probation including extension,the work of a probationer is found to be satisfactory the appointing authority shall confirm him;
Provided that the appointment authority may be in its discretion confirm him either from date next after the date of expiration of the period of probation of from the date of his first appointment on probation.
(4)The period of temporary continuous service against a permanent post shall be treated as part of the period of probation if it is followed by confirmation.
(5) Temporary service against a temporary subsequently made permanent will be counted towards probationary period for purposes of confirmation.
20.DISCHRGE DURING PROBATION:( 1) During the first month of his probationary period ,an employee shall be liable to discharge at one day’s notice or by payment of one day’s and thereafter at one month’s notice or by payment of pay for one month in lieu thereof.
(2) The power to discharge shall be exercised by the appointing authority and only in the event of unsatisfactory performance of the duties by the concerned person during probationary period. Such power shall, however, be exercised only in the cases where it has been established ,beyond doubt that the employee, if given extension ,shall not be in a position to give satisfactory account of service.
21) TERMINATION OF SERVICE
1.TERMINATION OF SERVICE BY NOTICE : An Officer or an employee shall not leave or discontinue his service in the Corporation without first giving notice in writing of his intention to do so to the Executive Director .The period of notice required shall be :
(a) three months in the case of an Officer and;
(b) one month in the case of an employee;
Provided that in case of breach by an Officer or an employee of the provision of this subregulation ,he shall be liable to pay to the Corporation as compensation a sum equal to his pay for the period of notice required of him;
Provided further that the payment of such compensation may be waived by the Executive Director with the approval of the Board in special circumstances to be recorded in writing.
(2)The Corporation may terminate at any time the service of any officer or employee after giving him:
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(a) three month’s notice or pay in lieu thereof in the case of an officer ;and
(b) one month’s notice or pay in lieu thereof if he is an employee 3) This power shall be exercised by the Executive Director subject ,in the case of officers ,to the prior approval of the Board and other cases however to be brought to the notice of the Board for information only. Nothing in Subregulation (4)shall affect the right of the Corporation:
4) a) to retire or dismiss an employee without notice or pay in lieu thereof in accordance with the provisions of Regulation.
b)to terminate the service of an employee without notice or pay in lieu thereof on his being certified by the Registered Medical Practitioner or the Corporation’s Medical Officer to be permanently incapacitated for further continuous service in the Corporation.
Explanation | .The expression ‘month’ used in this Regulation shall be reckoned according to the English Calendar and shall commence from the day following that on which notice is given by the employee or the Corporation as the case may be.
Explanation Il. A notice given by an employee under SubRegulation
(1)shall be deemed to be proper only if he remains on duty during the period of the notice and an employee shall not be entitled to set off any leave earned and not availed of by him against the period of such notice.
Explanation Ill.if an employee to whom notice is given by the Corporation in pursuance of SubRegulation (2) or Regulation 28 shall absent himself from duty without permission during the period of notice ,he shall not be entitled to receive any pay or allowances during the period of absence and shall further be liable to such further penalties as the Executive Director may deem fit to impose.
22.(1)DELETED :
(2)The service of an officer or other employee drawn on deputation from the Central Govt. or Government Cooperative Institutions or any other Corporation Shall be terminated by reverting him to his parent service by the Executive Director ,subject,in the case of an officer ,to the prior approval of the Board.
23.SUPERANNUATION AND RETIREMENT (1 )An officer or an employee of the Corporation shall retire on attaining the age of 58 years and 60 years in case of class 'D" employees , provided that the appointing authority may,in the interest of the Corporation ,Sanction from time to time the extension of his employment for a period not exceeding one year at a time, but in no case beyond the age of sixty, provided further that nothing in this SubRegulation shall be deemed to effect the powers of the Appointing .Authority to employ any person above the age of 58 years on contract.
(2)The appointing authority may, at his discretion, retire an officer or an employee of the Corporation on completion of 20 years of service or 50 years of age.
(3) (a) An Officer or employee of the Corporation who has put in not less than 20 years qualifying service may by giving notice of three months in writing to the appointing authority or pay inlieu thereof retire from service voluntarily .The initiative resting with the employee and the Corporation does not have the reciprocal right to reitre to the employee on its own.
(b) A notice of less than three months may also be accepted by the appointing authority in deserving cases.
(c) A Notice of voluntary retirement may be withdrawn subsequently only with the approval of the appoiting authority provided the request for such withdrawal is made before the expiry of the notice.
Note: In computing the notice period of three months referred to in Sub-Regulation 3(a) the date of service of notice and date of its expiry shall be excluded.
new Staff Regulation 6 EXPLANATION :
Not withstanding anything contained in this Regulation, where an employee has ordinary leave earned but not availed of as on the date of retirement as prescribed by this Regulation. he may be allowed leave salary for the period of leave not availed by him in accorcance with the Government Rules/instructions issued from time to time.
CHAPTER III RECORD OF SERVICE, SENIORITY AND PROMOTION
24.RECORD OF SERVICE :
The following record of service of every officer and other employees shall be maintained:
i)Personal File;
il)Service Book ;and lli)C.R.File NOTE:
File at Nos (i) & (ii) shall be maintained by the office and the file at No.(iii) shall remain in the personal custody of the Executive Director or an officer authorised by him.
25.SENIORITY:
The interseniority of persons appointed to posts carrying the same scale of pay shall be determined by the dates of their substantive appointments to such posts;Provided that if two or more persons are substantively appointed to such posts on the same date, their seniority shall be determined as under :
i) a persons recruited by promotion from the service of the Corporation shall be senior to a person recruited otherwise; Provided that in case of promotion of two or more persons their interseniority shall be determined according to their seniority in the posts from which they have been promoted.
iil)a person on deputation shall be senior to a person recruited by direct appointments ;
Provided that in the case of two or more persons on deputation their inter-seniority shall be determined according to their seniority in the parent service.
ili)in the case of person recruited by direct appointment ,the older in age shall rank senior ,the younger ;and iv)in any other case, the person in the higher scale of pay shall be considered to be senior to a person in the lower scale of pay and where the scales of pay are identical ,the person drawing higher salary shall rank senior.
NOTE :A person who .in view of his qualifications or previous experience ,is granted initial increments in a grade at the time of his appointment ,may be granted seniority for a period upto one year for every two increments granted to him in the grade to which he is appointed by the Executive Director, subject, in the case of an Officer ,to the prior approval of the Board.
26.PROMOTIONS:
All promotions to posts under the Corporation shall be made on the basis of seniority cum merit and no person shall have a right to be promoted to any post on the basis of seniority alone.
27.REVERSION
(1)An employee transferred from one appointment to another or confirmed in a grade or appointment higher than his substantive grade or appointment shall be liable to be reverted without notice one year of such transfer or confirmation.
(2)An employee who has been appointed to officiating higher grade or appointment, or whose confirmation in a higher grade or appointment is subject to his undergoing probation for any specified period or otherwise, shall be liable to be reverted without notice at any time ,when he is officiating or undergoing probation.
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(3)Nothing in subregulation (1) and (2) shall effect the provisions of regulation.
CHAPTER IV CONDUCT, DISCIPLINE AND APPEALS
28.SCOPE OF AN EMPLOYEE’S SERVICE :
Unless in any case it be otherwise distinctly provided ,the whole —time officer or employee shall be at the disposal of the Corporation and he shall serve the Corporation in its business in such capacity and at such place as he may, from time to time be directed. The working hours shall be fixed in such a manner as may be deemed fit by the Board of Directors in the public interest.
29.LIABILITY TO ABIDE BY THE REGULATIONS AND ORDERS :
Every employee shall confirm to and abide by these Regulations and shall observe ,comply with and obey all orders and directions which may from time to time be given to him by any person or persons under these jurisdictions ,superintendence or control he may for the time being be placed.
30.OBLIGATION TO MAINTAIN SECRECY :
Every employee shall maintain the strictest secrecy regarding the Corporation’s affairs of its constituents and shall not divulge ,directly or indirectly any information of on confidential nature either to a member or the public or of the Corporation’s staff ,unless compelled to do so by judicial or other authority or unless instructed to do so by a superior officer in the discharge of his duties.
31.EMPLOYEES TO PROMOTE THE CORPORATION’S INTEREST:
Every employee shall serve the Corporation honestly and faithfully and shall use almost endeavors to promote the interest of the Corporation and shall show courtesy and attention in all transactions and intercourses with the Officers of the Government and the Corporation’s constituents.
32.PROBATION AGAINST PARTICIPATION IN POLITICS AND STANDING FOR ELECTIONS:
No employee shall take an active part in politics or in any political demonstration ,or stand for election as member for a Municipal Committee, District Board or any Legislative body or indulge in such activities which may cause embarrassment to the Corporation.
33.CONTRIBUTIONS TO THE PRESS:
No employee may contribute to the press without the prior sanction of the Executive Director ,or without such sanction make public or publish any document ,paper, or information which may come into his possession in his official capacity.
34.EMPLOYEES NOT TO SEEK OUTSIDE EMPLOYMENT :An employee of the Corporation shall not ,without the prior permission of the Executive Director.
a)by himself or through any member of his family engage in any trade or business or adventure.
b)undertake accept ,solicit or seek any outside employment or office while on duty or on leave stipendiary or honorary.
35.PART TIME WORK FOR OUTSIDE BODIES:No employee shall undertake parttime work for a private or public body or a private person ,or accept fee therefore, without the sanction of the Executive Director who may grant sanction only in exceptional cases when he is satisfied that the work can be under taken without detriment to his official duties and responsibilities. The Executive Director may in cases in which he thinks fit to grant such sanction ,stipulate that any fees received by the employees for undertaking the works shall be paid, in whole or in part ,to the Corporation.
36.No employee of the Corporation shall enter into any partnership, accept any fees, endowment or commission whatsoever any party other than the Corporation, except with the prior permission of the Appointing Authority.
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37.PROTECTION TO EMPLOYEES:TheCorporation shall in respect of acts done in good faith and in the interest of the Corporation extend protection to all employees of the Corporation in the Court of Law or elsewhere.
38.ACCEPTANCE OF GIFTS :An employee shall not solicit or accept any gifts from a constituent of the Corporation or from any subordinate employee ,provided that such gifts ,grants and donations shall be received by an employee in the official discharge of his duties for the Corporation.
39.EMPLOYEES NOT TO BE ABSENT FROM DUTY WITHOUT PERMISSION OR BE LATE IN ATTENDANCE
(1)An employee shall not absent himself from his duties without having first obtained the permission of the Executive Director, nor shall be absent himself in case of sickness or accident without submitting a sufficient Medical certificate.
(2)No employee of the Corporation shall come late in the office.
40.ABSENCE FROM STATION :No employee of the Corporation shall absent himself from his station even night without obtaining the previous sanction of the Executive Director.
41.SPECULATION IN STOCKS,SHARES ETC :An employee shall not speculate in stocks, shares, securities or commodities of any description.
Provided that nothing in this Regulation shall be deemed to prohibit an employee from making a bona fide investment of his own funds in such manner as he may consider necessary,
42.RESTRICTIONS OF BORROWING & INVESTMENTS (1) An employee shall not borrow from or in any wat place himself under a pecuniary obligation to a broker or an employee of the Corporation subordinate to him or any firm or person having dealings with the Corporation.
(2)No employee shall make nor permit any member of his family to make any investment likely to embarrass or influence his in the discharge of his official duties.
EXPLANTION :For the purpose of this subregulation, the word ‘Family’ includes any relative ordinarily residing with or dependent on an employee.
43.EMPLOYEES IN DEBT :An employee who is in debt shall furnish to the Executive Director signed statement of his position half yearly on the 31 st March and 30 thseptember and shall indicate in the statement the steps he is taking to rectify his position .An employee who makes a false statement under this regulation or who fails to submit the prescribed statement or appears unable to liquidate his debts within a reasonable time or applies for the protection of an insolvency court shall be liable to dismissal.
EXPLANTION I:For the purpose of this Regulation ,an employee shall be deemed to be debt if his total liabilities exclusive of those which are fully secured by tangible assets exceed his substantive pay for six months.
EXPLANTION Il:An employee shall be deemed to be unable to liquidate debts within a reasonable time if it appears having regard to his personal resources and unavoidable current expenses that he will not cease to be in debt within a period of two years.
Unless the contrary is proved to be satisfaction of the Executive Director, it shall be presumed that an employee cannot provide more than one quarter of his pay and allowances towards the liquidation of his debts.
44.EMPLOYEES ARESTED FOR DEBT OR ON CRIMINAL CHARGES :
(1)An employee who is arrested for debt or on a criminal charge shall be considered as under suspension from the date of his arrest ,and shall be allowed the payments admissible to an employee under suspension under subRegulation (3) of Regulation 46 until the termination of proceedings against him, when an adjustment of his pay and allowances shall be made according to the circumstances of the case & in the light of the decision as to whether his absence is to be accounted for as a period of duty or leave ,the full pay & allowance being given only in the event of the employee being new Staff Regulation 9 acquitted of all blames & treated as on duty during the period of his absence. An employee who is committed to prison for debt or is convicted of any offence involving moral aptitude shall be liable to dismissal.
(2)Where a conviction of an employee is set aside by a higher court and the employee is acquitted honorably ,jhe may be reinstated in service.
EXPLANTION :In this regulation the expression “termination of proceedings “shall mean the decision of the lowest court which first finally disposes of the case. Commital or conviction shall mean committal or conviction by the lowest or any of the appellate courts, and it shall be open to the Corporation to dismiss an employee who is committed to prison or who is convicted of a criminal charge as from the date of the order of the court that convicts him.
45.An employee shall not approach or prefer an appeal (Except as provided herein)or represent personally to any Director for any matter concerning his service.
Provided that nothing in this subregulation shall be deemed to prohibit an employee from making any legitimate representation concerning his service to the Executive Director in his official capacity.
PENALITIES 46 (1)Without prejudice to the provision of other regulations an employee, who commits a breach of the regulation of the Corporation ,or takes part in a strike ,or induces other to strike or shows willful insubordination or disobedience or displays negligence ,Inefficiency or indolence or divulges unauthorized any information or documents or knowingly does anything detrimental to the interests or prestige of the Corporation or comitts /thefts, pilferage, fraud, dishonesty, misappropriation defalcation & embezzlement or over stays on leave ,except under circumstances beyond control provided that the appointing authority may order such period to be treated as period spent on leave of any kind ,participates in antinational activities ,or becomes insance or commits a breach of discipline or is guilty of any other act or misconduct or misbehavior, shall be liable to the following penalties:
MINOR PENALITIES |) censure, ,warning , fine;
il) Withholding of his promotions;
ili) Recovery from his pay/ retirement dues , of the whole or part of any pecuniary loss including interest thereon caused by him to the Corporation by neglingence or breach of orders;
iv) Withholding of increment or increments (including stoppage of ACP step up) MAJOR PENALITIES
(v) Withholding of increment or increments of pay with commulative effect or reduction to lower stage in the time scale of pay for a specified period with further directions as to whither or not the Corporation employees will earn increment or pay during the period or reduction and whether on the expiry of such period , the reduction or will not have the effect of postponing the future increments of his pay.
vi) Reduction to a lower time scale of pay grade , post or service which shall ordinarily be a bar to the promotion of the Government employee to the time -scale of pay, grade, post or service from which reduced , with or whithout further directions regarding conditions of restoration to the grade or post or service from which the Government employee was reduced and his seniority and pay on such restoration to that grade , post or service.
vii) | compulsory retirement ;
vill) | Removal from service which shall not be a disqualification for future employment under the Government.
Ix dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
x) Recovery from his pay/ retirement dues , of the whole or part of any pecuniary loss including interest thereon caused by him to the Corporation by neglingence or breach of orders;
Explanation -The following shall not amount to a penalty within the meaning of this rule, namely:-
(i) Withholding of increments of pay of a Government employee for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his oppointment;
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(ii) Stoppage of a Government employee at the efficiancy bar in the time -scale of pay on the ground of his unfitness to cross the bar;
(iii) | Non -promotion of a Government employee, whether in substantive or officiating capacity after consideration of his case, to a service, grade or post for promotion to which he is eligible.
Iv) reversion of a Government employee officiating in a higher service grade or post to a lower service grade or post ,on the ground he is cosidered to be unsuitable for such higher service , grade or post or on any administrative ground unconnected with his conduct;
v) reversion of a Government employee appointed on probation to any other service, grade or post to his permanent service , grade or post during or at the end of the period of probation in accordance with the terms of his appoinment or the rules and orders governing such probation.
vi) compulsory retirement of a Government employee in accordance with the provisions relating to his superannuation or retirement;
vil termination of the services:- a) of a Government employee appointed on probation, during or; at the end of the period of his probation in accordance with the term of his appointment or the rules and orders governing such probation;or b) of a temporary Government employee appointed otherwise than under contract , on the expiration of the period of the appointment , or on the abolition of the post or before the due time in accordance with the terms of his appointment ; or.
C) of a Government employee employed under an agreement, in accordance with the terms of such agreement.
2) a) Procedure for imposing penalty will be the same as prescribed in Punjab Civil Services( Punishment and Apeal) Rules, 1970 as amended from time to time;
b) The words "Govt. Employee(s)" occuring in these rules will stand substituted by the words"Corporation employee (s)' while enforcing these rules;
Provided that any punishment to an employee on deputation from State / Central Government or a Government cooperation institution or any other Corporation shall be imposed only in accordance with the procedure and rules/regulations laid down in this behalf in their parent Department.
Provided further that in case the parent department fails to take appropriate action within a reasoanable time , the Corporation may take action to impose suitable penality on its own as it may deem fit:
(3) An employee may be placed under suspension by order in writing of the appointing authority for the purpose of holding an enquire into the charges against him.During the period of suspension , he is be entitled to receive Subsistence Allowances equal to one half of his substantive pay plus allowances thereon ,provided that if no penalty under clauses (ii),to (ix) of sub-regulation (1) is imposed, the employee shall be refunded the difference between his substantive pay and the emoluments which he would have received but for such suspension ,on his reinstatement for the period, he was under suspension and that if a penalty is imposed upon him under the said clauses, no order shall be passed which shall have effect of compelling him to refund such substantive allowance .
The period during which an employee is under suspension shall ,if he is not dismissed from the service be treated as period spent on duty or leave ,as the appointing authority may direct ;provided further that the employees on deputation from the Central/State Government or Government Co-operative Institution or any other Co -oporation shall be suspended only in accordance with the procedure and rules/regulations applicable to them in their parent service.
(4) The appointing authority may delegate the conduct of any enquiry against an employee required under sub Regulations (2) and (3) to such officer or officers of the Corporation or to any enquiry officer on the Penal of the Punjab Government by nomination in writing in that behalf.
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Provided further that any punishment to an employee on deputation from State/ Central Government or a Government cooperative institution or any Corporation shall be imposed only in accordance with the procedure and rules/regulations laid down in this behalf in their parent service.
5(a) An employee who absents himself from duty without leave except under circumstances beyond his control, for which he must tender a satisfactory explanation shall not be entitled to draw any pay and allowances in respect of the period of such absence and shall further be liable to such penalties , as the appointing authority may impose. The period of such absence may if not followed by termination of services under regulations 20 or 21 or removal or dismissal under regulation 46 be treated as period spent on casual, ordinary, sick, special or extraordinary leave or leave without pay as the appointing authority may determine.
(b) An employee who is habitually late in attendance shall , in addition to such other penalty as the appointing authority may deem fit to impose , have one day of casual leave for feted for every two days he is late in a month. Where such an employee has no casual leave due to him, the period of leave to be so forfeited may be treated as ordinary or extraordinary leave, as the appointing authority may determine.
6. Explanation:- "wherever these rules are silent , Punjab civil services (Appeal and Punishment )" rules from time to time by govt of punjab will be mutatis- mutendis applicable to the employees of the Corporation.
APPEALS 47(1) Every employee shall be entitled to appeal against any order imposing any penalty as specified in Regulation. No.46.
An Appeal shall lie:
(a) against any order passed by an Officer of the Corporation in exercise of the powers conferred or to be conferred on him by , or under these Regulation to the Executive Director and
(b) against the orders of the Executive Director to the Chairman of the Punjab Scheduled Castes Land Development & Finance Corporation.
Provided no further appeal shall lie against the orders of the Chairman of the Punjab Scheduled Castes Land Development &Finance Corporation.
(2) Provided further , that where a penalty has been imposed with the approval of theBoard , the person on whom the penalty has been imposed may apply to the Board for revision for its decision with in one month of the date of service of the order imposing the penalty.
(3) Conditions which an appeal should satisfy : Every appeal shall comply with the following requirements:
(i) it shall be written in English or if not written in English be accompanied by a translated copy in English and shall be signed.
(il) It shall be counted in polite and respectful language and shall be free from unnecessary padding or superfluous verbiage.
(ili) It shall contain material statements and arguments relied on and shall be complete in itself
(iv) It shall specify the relief desired and
(v) It shall be submitted through proper channel.
(4) When appeals may be withheld: An appeal may be withheld by an Officer or the Executive Director , if:
(i) it does not comply with the requirement of subregulation (3);
(il) it is illegible or it unintelligible;
(ili) | it deals with a matter which does not concern the employee personally
(iv) it repeats an appeal already rejected by the authority to whom the appeal is addressed and does not, in the opinion of the Administrative Office or the Executive Director , disclose any new points or circumstances which afford grounds for reconsideration;
(v) it is not preferred within three months of the date of the order against which the appeal is made; and new Staff Regulation 12