(1) Subject to such rules, restrictions and levy of charges as may be prescribed by the Committee from time to time, the public shall have a right of access to the Samadhi.
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(2) The Committee may prohibit the entry of visitors to the whole or part of the Samadhi premises for a temporary period.
(3) The Committee may authorise the Secretary care taker or any other employee to expel out of Sa madh, premises any person found violating any rules or directons laid down· for observance by the visi tors afld if necessary reasonable force may be used for carrying out the said purpose.
[m.o.u.d. notification no. 2501 l/2/83-W3 dated
5.3.1987]
(4) Such rules or directions may relate to the taking out of shoes ana the washing of hands before en tering the enclosure where Mahatma Gandhi was · cremated, the plucking of flowers, the use of foun tain water for drinking or other allied purposes, the spoiling of grassy plots, trees, furniture, building or other valuables within the premises of the Samadhi.
(5) The Committee may due provision for the protec tion of the Samadhi from pollution or desecration.
Custody and use of the common seal
8. The Common seal of the Committee shall remain in the custody of "the Secretary and shall be affixed to all agreements, contracts notices and other al lied instruments made and executed in the name of the Committee.
9 Rajgattt Samadhi-Revised Bye Laws 1994 approved by the Govt. of India M.o.u.D. Vide letter no. 20512/ 1/88-w3 the· 7th July, 94
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PART-A PRELIMINARY Short title and commencement : (1) These Bye laws may be called the Rajghat Samadhi Commit tee Bye-laws, 1993.
(2) They Shall come into force on the date of the,r publication in the Gazette of India.
Application : These Bye-Laws shall apply in all mat ters of Administrative and Financial Management of the Committee and to every employee of the Com mittee.
DefinitTons : In these Bye-laws, unless the context otherwise requires.
(a) "Appointing Authority" in relation to any post, means the authority competent to make appoint ment to that post;
(b) "Chairman" means the Ghairman of the Commit tee;
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(c) "Committee" means the Rajghat Samadhi Co� mittee constituted under the Rajghat Samadhi Act, 1951 (41 of 1951);
(d) "employee" means any person serving the Co�· mittee in any post specified in the Recruitment Rules for the posts concerned;
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(e) "Secretary" means the Secretary of the Com mittee.
.PART-II FUNCTIONING OF THE COMMITTEE Meeting of the Committee : (1) The Chairman shall convene -a meeting of the Committee atleast once in four months.
(2) The Chairman may� on the receipt of a requist� tion of any three members, convene a meeting of the Committee.
Time and Place of Meetings : The time and place of all the meetings shall be fixed by the Chairman.
Notice of Meeting : (1) A written notice for every meeting shall . be sent or circulated to every mem ber atleast two days before_ the scheduled date.
• (2) The notice shall· state the place, the date and the time of the meeting and shall specify the· bus� ness to be transacted thereat.
(3) No business, which is not on the agenda, shall be considered at the meeting without the permis sion of the Chairman.
Procedure for bringing matters before the Commit tee Any member wishing to bring any matter before the Committee shall send his proposal to the Sec retary who shall submit it to the Chairman for or-.
ders .• The Chairman shall refer the proposal to the Committee, but, in special case, in which he con siders reference of the proposal to the Committee 11 • . 8.
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is inexpedient or unnecessary, he may, for rea sons to be recorded in writing, refuselto do so and after such refusal the matter shall be deemed to be dropped.
Quorum : Three member.s shall form the quorum for a .meeting.
Chairman to preside at meeting : The Chairman shall preside at every meeting of the Committee.
In his absence, the members present may elect any other member as Chariman and, thereupon, the business of the meeting shall be transacted under the Chairmanship of the member so elected.
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Decision by majority : All questions and matters before th� Committee at a meeting shall be de cided by a majority of votes of the memebrs pres ent. In case of equality of votes, the Chairman of the meeting shall have a second or casting vote.
Same question not to be brought before Commit- .
tee until after lapse of three months : Any question decided by a resolution of the Committee shall not again be brought •for consideration until after a lapse of three months from the .date of the resolu tion. Provided that the Chariman may,• for sufficient reasons, allow any such question to be brought before the Committee at any time.
Minutes : The minutes of the proceedings of every meeting of the Committee shall be recorded in a book under the signature of the Secretary. The minutes shall also be signed by the Chairman at the next meeting after the same are confirmed.
Receipts for money : A receipt shall be issued for � any money received by or on behalf of the Commit tee, by the Secretary or by his subordinate, if he is authorised by the Secretary to do so, in terms of rule 82 of the Central Treasury Rules.
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• Annual Report • : The Committee shall publish an Annual Report on · the administration of the Samad hi together with a financial statement and the report of the AuditoL
PART-Ill ESTABLISHMENT Secretary : (1) The Committee shall appoint a per son as a part-time Secretary to assist it in the efficient performance of its duties assigned under section 5 of the Rajghat Samadhi Act, 1951 (41 of 1951).
(2) The Secretary _so appointed shall perform such duties as may be entrusted to him by the Commit tee.
(3) The Secretary shall be paid such allowances, as the Committee may decide from time to time.
Other Staff : (1) Any other post needed for the office of the Committee, equivalent to the posts in Group 'C' and 'D' in the Central Government Of fices, may be created on the orders of the Com mittee and the Chairman and the Secretary re spectively shall be the appointing authorities f<;>r these posts.
(2) The creation of posts equivalent to Group 'A' and 'B' in the office of the Committee shall be approved by the Ministry of Urban Development as per the provisions of the Delegation of Financial Power Rules, 1978, and appointments there to be made as per the Central Civil Services (Classifica tion, control and Appeal) Rules, 1965.
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S. No.
(i)
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(iii)
(iv)
(v)
(vi) lvii)
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Posts
(3) In. respect of any matter not specifically pr0 vided in these Bye-laws regarding general cond, tions of service, pay and allowances, leave sa!a·.
joining time, the provisions of the Fundamental Rul,· the �upplementary Rules and the orders and d,:, sions applicable to the Central Government �er vants shall apply, mutatis mutandis to the emµ; J.
ees of the Committee.
Posts and pay Scales : The Committee may r ·• the following posts in the scale of pay noted "; ..
each :
Scale of Pay No. of posts Group C Sanrakshak Rs. 1400-40-1600-50-2300 1 EB-60-2600 Sahayak Rs. 1200:30-1560-EB-40-2040 1 Sanrakshak Clerk-cum Rs. 950-20-1150-EB-25-1500 1 General Assistant ·, Group D Jamedar Rs. 775-10-965-EB-l 2-1025 1 Chowkidar Rs. 750-8-790-EB-10-940 25 Peon Rs. 750-8-790-EB-10-940 1 Safai Sewak Rs. 750-8-790-EB-10-940 7 Age limits : The minimum and maximum age for ap pointment to posts mentioned in regulation 1 7 shall be as laid down in Government orders for corre sponding posts in the Central Government except for the post of Secretary, for whom the lower age limit shall be 21 years and the upper age limit shall be 50 year.
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Qualifications : (1) The Sanrakshak shall be a gradu ate and preference shall be given to a person hold ing the Degree of Master of Arts. He shall be well versed in Gandhian· concepts and ideoligies and possess administrative capacity.
(2) Sahayak Sanrakshak shall be a Graduate and shall possess the knowledge of Gandhian concepts.
(3) Clerk-cum-General Assistant shall be atleast a Matriculate with fair knowledge of typing and book keeping.
(4) Jamedar, Chowkidar and Peons shall be atleast middle School pass. Knowledge of cycling is desir able.
(5) Safai sewak shall have elementary knowledge of reading, writing and arithmetic.
(6) In case of the Scheduled Caste or the Schea uled Tribe candidates qualifications may be relaxed, in accordance with the orders issued by the· Cen tral Government from time to time in this regard.. .
Appointing Authority : (1) The Secretary shall be the appointing authority in respect of posts of Jar:ne dars chowkidars, Peons and Safai sewak.
(2) The Chairman shall be the appointing authority in respect of posts of Sanrakshak; Sahayak.
Sanrakshak and clerk-cum-General Assistant or any other full time or part time staff.
Recruitment : (1) Recruitment to a post under the Committee shall be made as per the provisions of the Employment Exchange (Compulsory Notification of Vacancies), Act, 1959), (31 of 1959) and in ac cordance with such rules and orders for the reser vation of vacancies for the Scheduled Castes and Scheduled Tribes, as have been or may be issued 15
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by the . Central Government from time-to-time by adopting any of the following methods namely :
(a) by direct recruitment;
(b) by promotion;
(c) by· appointment on deputation basis from other Central -or State Government Departments; or
(d) on contract for a specified. period.
Appointment. Probation and Confirmation
(1) Medical Examination on first appointment : Can didates selected for appointment in the Committee shall be required to undergo a medical examination by a Medical Authority as may be specified by the Committee.
(2) Probation : On initial appointment, either by direct recruitment or by Promotion to a higher cat egary of post, an employee other than the Secre tary shall be placed on Probation for a period of two years which may be extended by the Appointing Authority, if necessary.
(3) Confirmation : After satis.factory completion of the period of probation an employee may be con firmed in the establishment of the Committee.
PART-IV DUTIES AND CODE OF CONDUCT Duties of the Employees : The Secretary and other employees of the Committee shall exercise such powers and perform such duties as the Committee may, from time-to-time assign to them.
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Conduct and Discipl:ne : (1) Conduct : The Central Civil Services (Conduct) Rules, 1964, as amended from time-to-time, shall be applicable to all employ ees of the Committee.
(2) Discipline : The Central. Civil �er:vices (Classifi cation, Control and Appeal) Rules, 1965 as amended from time-to-time shall be applicable to all employees of the Committee. The following shall be the Discplinary and Appellate Authorities in respect of the Staff 9f the Committee Category of Staff Disciplinary Authority Equivalent to Group 'A' Secretary /Chairman Equivalent to Group 'C' All posts including Sanrakshak Secretary Equivalent to Group 'D' All posts Secretary PARTV Minor/Major penalties Appellate Authority President Chairman Chairman ALLOWANCES AND OTHER MISCELLANEOUS BENEFITS Allowances and other concessions : (1) The follow ing allowances and concessions shall b� admis sible to the employees, at the same rates and on the same condition, as are admissible to the Cen tral Government ef'T'!ployees of' c_omparable rariK.
frdm time-to-time
1. Dearness Allowance 17
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2. Compensatory Allowance
3. Children's Educational Allowance and Reimburse ment of tuition fees.
4. House Rent allowance.
5. Washing Allowance
6. Leave Travel Concession
(2) Medical Allowance : Medical Allowance shall be paid at rupees seven hundred per year to employ ees equivalent to Group 'C' and at rupees five hundred per year to employees equivalent to Group 'D'.
Grant of Leave : (1) All leave to the employees of the Committee other ·than the Secretary may sanc tioned by the Secretary. Leave to the Secretary may be sanctioned by the Chairman.
(2) An employee can avail of casual leave for 12 days in a calendar year. The grant of any other kind of leave shall be governed by the Central Civil Services (Leave) Rules, 1972.
(3) Weekly Rest : Every employee shall be entitled to one day's rest in a week. This weekly rest shall be granted by the Secretary in rotation so that the work does not suffer.
(4) Holidays : All the employees shall be entitled to holidays for not more than 15 days in a year as may be declared by the Committee from time-to time. In addition, an employee may also avail of Restricted holiday for not more than 2 days in a year out of a list of such holidays to be notified by the Committee in each year. If an employee is required to perform any duties on a holiday, he shall be allowed compensatory leave in lieu there of by the Secretary in rotation so that the work at 1R
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the Samadhi does no suffer.
(5) The working hours for each category of employ ees, shall be such as may be decided by the Com mittee but these shall not be less than those pre scribed for comparable posts in the Central Gov ernment.
Advance : The employees shall be entiti.ed to Festi val Advance, Cycle Advance, Leave Salary Advance on the scales and under the terms and concffl:ions as are applicable to the Central Government Em ployees.
Uniforms : Uniforms shall be issued to Jarnedars, Chowkidars, Peons and Safai Sewaks in accordance with the scales as are applicable to the Group 'D' employees of the Central Government.
Residential accommodation : Unfurnished residen tial accommodation may be provided for the Sanrakshak . and the Sahayak Sanrakshak at the Samadhi premises free of licence fee. For the ac commodation provided to the ·other members of s'taff, licence fee shall be charged under the· rules applicable to the Central Government Employees at Delhi. Charges for electricity, water and munici pal-taxes, if any, shall be payable by the occupant, at the rates as applicable to the Central Govern ment Employees from time-to-time.
PART-VI RECORDS OF SERVICE Service Books, Leave Accounts and Personal files :
The Committee shall maintain service books, leave accounts, and personal files of each employee. En tries in the service books, leave accounts shall be 19
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attested by the Secretary in all cases.
Character Rolls : Character Rolls of all Group ·c· and above employees of the Committee shall be maintained. It shall contain brief service particulars and self-appraisal of the employees, remarks of the Reporting Officer and Reviewing Officers. In .the case of Group 'C' employees, Secretary shall ---- be the Reporting Officer and Chairman shall be the reviewing Officer. In the case of the Secretary, the I Reporting/Reviewing Officer shall be the Chairman. - l J_
PART-VII REGISTRATION, RETIREMENT AND TERMINATION OF SERVICES
32. Termination of Temporary Services : (1) The Serv- . ices of a temporary employee equivalent to Group C and D shall be liable to termination at any tirne by a notice in writing given either by the employ ees equivalent to Group C and D to the Committee or by the Committee to the employee equivalent to Group C and 0.
(2) The period of such notice shall be one month
Provided that the services of any such employee 1 equivalent to Group C and D may be terminated forthwith and on such termination the employee shall be entitled· to claim a sum equivalent to the\ amount of his pay plus allowances for the period of' notice at the same rates at which he was drawing.
The pay and allowances immediately before the termination of his service or, as the case may be, for the period by which such a notice falls short of one month.
(3) The powers of termination of services of a· tem- 20
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porary employee of the Committee equivalent to Group A and B shall vest in the Central Govern ment.
Compulsory Retirernrnt : (1) The Committee shall, if it is of the opinion that it . is in the public interest so to do, have the right fo retire any of its employees, in a post equivalent to Group C or Group D by giving him or her a notice of not less than three months in writing or three months pay· and allow ances in ·1ieu of such notice after he or she has attained the age of 55 years.
(2) The powers to retire an employee of the Com mittee who is holding a post equivalent to Group 'A' or Group 'B' after he has attained the age of 50 years, shall vest in the Central Government.
PAA RT-VIII RETIREMENT AND RETIREMENT BENEFITS Retirement and other benefits : The normal age of retirement shall be 58 �ears for Sanrakshak, Sahayak Sanrakshak and Clerk-cum-General Assistant. For Jamedar, Peon, Chowkidar and Safai Sewak the age of retirement shall be 60 years.
Contributory Prov1dend Fund : (1) The Committee shall maintain and administer a separate fund to be known as RaJghat Samadhi Committee Contribu tory Providend Fund. Every employee, except pro bationer or a casual worker or a part-time worker, shall contribute to the Contributory Provident Fund at such rate as is contained in the Contributory Providend Fund (India) Rules, 1962, as amended from time-to-time. The contribution shall be reali sable from each m�nth's pay and allowances of 21
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the employees.
(2) The Committee shall contribute, from its own funds to the account of every employee in the Contributory Providend Fund on 31st March of every year, an amount equal to the total amount realised during the year from the employees concerned but not exceeding the rate contained in the Contribu tory Providend Fund (India) Rules, 1962, as amended from time-to-time.
(3) The Committee shall pay inte.rest on the sub scription made by an employee in accordance with the provision contained in the Contributory Pro· vidend Fund (India) Rules, 1962.
(4) The provisions of Contributory providend Fund (India) Rules, 1962 shall also apply to the subscrib ers to the Fund, in regard to advances from the Fund, withdrawal from th Fund, final withdraw! of accumulations in the Fund etc.
Gratuity : (1) An employee, who has completed five years continuous service, shall, on his retirement, be granted retirement gratuity equal to one fourth of his emolument for each completed six month . period of service subject to a maximum of 16.5 times of the emoluments.
(2) If an employee dies while in service, the deathJ gratuity shall be paid to his family in the same� manner indicated in sub-rule (1) of rule (51 of the Central Civil Services (pension) Rules, 1972 at the rates given in Table below :
22 I TABLE Length of service Rate of death gratuity
(i) Less than 1 year 2 times of months emoluments
(ii) One year or more but less th.61 times of months emoluments 5 years
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5 years or more but less thad 2 times of months emoluments 20 years 20 years or more Half the emoluments for every completed six monthly period of service subject to a maximum of 33 times of month's. emolu ments.
Provided that the amount of death-cum-retirement gratuity shall in no case exceed rupees one lakh.
(3) The emoluments for the purpose of gratuity shall be reckoned in accordance with r!Jle 33 of the Central Civil Services (Pension) Rules, 1972.
(4) The death-cum-retirement gratuity shall not be -admissible to an employee with less than 5 years service if he is dismissed or retired from service as a measure or penalty for a proven misconduct.
PART IX GENERAL
(1) If any doubt arised about the interpr;etation of any of these bye-laws, the matter shall be referred to the Government of India in the Ministry of Urban • Development whose decision shall be final.
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