TAMIL NADU STATE COUNCIL FOR SCIENCE AND TECHNOLOGY Madras 600 009 RULES AND REGULATIONS OF THE SOCIETY
1. Short Title: These Rules may be called the Rules of the Tamil Nadu State Council for Science and Technology (herein after called the State Council)
2. Definitions: In these Rules, unless the context otherwise requires;
i) “President” means the President of the State Council.
ii) “Vice President” means the Vice President of the State Council.
iii) “Executive Committee” means the committee constituted under Rule 8.
iv) “Chairman” shall mean the Chairman of the Executive Committee.
v) “Secretary” means the Member Secretary of the State Council under Rule 9.
vi) “Bye-laws” means the bye-laws framed under Rule 17.
3. Member of the State Council:
The State Council shall represent the following interests i) Government;
ii) Scientific Research and Development Institutions;
iii) Industries;
iv) Universities;
v) Bankers;
vi) Extension Services;
vii) Social Services and viii) Consumer Interests
1. Persons not exceeding Thirty nominated as members by the Government of Tamilnadu to represent the fields of Agriculture, Health and Nutrition, Industries, Science and Technology Education, Banking, Transport and the Social Sciences.
2. All Members of the State Council other than ex-officio members shall hold their membership for a period of three years from the date of registration of the society.
3. Where any person is a member of the State Council by reason of the office or appointment he holds, his membership of the State Council shall terminate when he ceases to hold that office or appointment, and, in his vacancy, his successor in office or appointment shall automatically be a member of the State Council.
4. Any vacancy occuring due to death, or resignation or removal under rule 14 among persons nominated under rule 3.1 above shall be filled-up in accordance with the provisions of these rules. Resignation by any member of his membership shall be addressed to the President in writing.
5. Notwithstanding anything contained in sub-rule (1) above, the composition of the first State Council shall be as given in the Annexure.
6. The State Council shall maintain a Register of Members giving their names, occupations and addresses If a member of the State Council shall change his address, he shall notify his new address to the Secretary who shall thereupon enter his new address in the Roll of Members.
But if he fails to notify his new address, the address given in the Roll of Members shall be deemed to be his address.
4. The State Council, its Executive Committee and such other committees as the State Council may constitute shall function notwithstanding that any person who is entitled to be a members by reason of his office is not a member of the State Council (or its Committees) for the time being and notwithstanding any other vacancy, whether by non-appointment or otherwise, and no act or proceeding of the State Council (or its committees) shall be invalidated or called in question nerely by reason of the happening of any of the above events or of any defect in the appointment or any irregularities in the nomination of any of its members.
5. Authorities of the State Council: The following shall be the authorities of the State Council:
i) President ii) Vice President* a) Vice President –I b) Vice President-II iii) The Executive Committee iv) Chairman, Executive Committee v) Secretary vi) Administrative Committee*
6. President: The President of the State Council shall be the Chief Minister of State of Tamilnadu, or a person nominated by him.
7. *Vice Presidents:
i) One of the members of the State Council shall be nominated by the Government as the Vice President-1 ii) One Eminent Scientist or Retired Scientist shall be nominated by the Government as Vice-President-II
8. Executive Committee: The Administration and Management of the affairs and finances of the State Council shall be conducted by an Executive Committee consisting of eleven members as indicated:- i) The President @ ii) Six Scientists/Technologists, administrators nominated by the Government of Tamil Nadu.
iii) *The Principal Secretary to Government, Higher Education Department, Government of Tamilnadu shall be the Ex-officio Co-Chairman of the Executive Committee.
iv) Commissioner and Secretary to Government, Finance Department, Government of Tamil Nadu.
v) Commissioner and Secretary to Government, Planning and Development Department, Government of Tamil Nadu.
vi) Secretary of the State Council.
vii) The President shall be Chairman of the Executive Committee. @ viii) The Secretary of the State Council shall be the Member- Convener of the Executive Committee.
9. Notwithstanding anything contained in rule 8 above, the first Executive Committee shall consist of the following:
.
i) The President - Chairman @ ii) Six Scientists/Technologists administrators representing different interests to be nominated by the Government of Tamil Nadu. - Member iii) - Member iv) - Member v) - Member vi) - Member vii) - Member viii) Commissioner and Secretary to Government, Education Department - Member @ ix) Commissioner and Secretary to Government, Finance Dept. - Member x) Commissioner and Secretary to Government, Planning and Develop Dept - Member xi) Secretary of the State Council - Member Secretary @ Amendment issued in G.O.MS No.5 (Estt Dpt) dt. 24.1.1985
10. All members of the Executive Committee other than ex-officio members shall hold office for a period of three years from the date of their nomination.
11. Casual vacancies in the Executive Committee other than of ex-officio members shall be filled by nomination by the President from amongst the members of the State Council such member or members shall hold office for the unexpired period of the original term of the Executive Committee.
Explanation: Casual vacancy means a vacancy caused by resignation or death of a member.
12. Notwithstanding anything contained in rule 10, the Executive Committee constituted under rule 9 above shall remain in office for a period of 3 years from the date of registration of the Society.
13. Secretary: A Secretary of the State Council shall be nominated by the president from among the members and shall ordinarily hold office for a period of 3 years from the date of nomination. The President shall determine the terms and conditions to which the Secretary will hold the office.
14. Notwithstanding anything contained in rule 13 the President of the State Council shall be the competent authority to remove the Secretary or any nominated member of the Executive Committee from office, where such removal is necessary on grounds of grave charges of misconduct or misdemeanour or if found to acting against the interests of the State Council.
15. Notwithstanding anything contained in rule 13 above………………………………….
………………………………………. shall be the first Secretary.
16. The State Council shall take such action as necessary to further the objectives set out in that Memorandum of Association. It shall meet as often as necessary, but at least twice in a year. One of the meetings will be the Annual General Meeting.
17. Apart from the general powers vested in Executive Committee and such other power that may be delegated by the State Council over the management of the affairs and finances of the State Council, the Executive Committee shall have the following specific powers.
i) To constitute committees and sub-committees to study specific problems or to formulate plans for action;
ii) To consider the Annual Report of the Secretary on the working of the State Council and to submit the same to the Annual General meeting of the State Council;
iii) To consider the audited accounts and the annual budget estimates of the State Council presented by the Secretary and to report the same to the Annual General Meeting of the State Council;
iv) To authorize and sanction expenditure of the funds of the State Council, in accordance with the bye-laws to be framed in this regard by it;
v) To create and maintain administrative and other full-time posts or part time posts in the State Council, fix the amount of their remuneration, define their duties and conditions of service, and to make appointments to these posts;
vi) To enter into such arrangements with the Government of India, State Government and other public or private organisations, or individuals as to further the objectives of the State Council and the implementation of its programmes and to secure and accept endowments, grants-in-aid, donations or gifts on mutually agreed terms and conditions; provided that the conditions of such grants in aid, donations or gifts shall not be inconsistent or in conflict with the objectives of the State Council with the provisions of these Rules;
vii) To acquire by fift, purchase, lease or otherwise any property movable or immovable, which may be necessary or convenient for the purpose and programmes of the State Council and to construct alter and maintain any building or buildings belonging to the State Council for the purpose and programmes of the State Council.
viii) To sell, transfer, lease or otherwise dispose of any movable property of the State Council.
ix) To borrow or raise from the Government of India, State Government, Commercial Banks and other public or private organisations for the implementation of the programmes of the State Council in furtherance of its objectives;
x) To invest the funds of the State Council in such securities or in such manner as may, from time to time, be determined;
xi) To do such other things as are necessary for the conduct of the affairs of the State Council in furtherance of its objectives and in accordance with these Rules;
xii) The Executive Committee shall have the power to make bye-laws, not inconsistent with these Rules and the Memorandum of Association for the conduct of the Administrative, financial and other affairs of the State Council in furtherance of its objectives and also to amend these when necessary.
18. The Executive Committee shall have powers to invite concerned individuals or experts to participate in the discussions at the meeting of the Executive Committee or the State council.
19. The Secretary, shall be the principal executive officer of the State Council. The Secretary will have powers to open an account in the name of the State Council in a nationalised Bank approved by the Executive Committee and operate on the same in accordance with the decisions of the Executive Committee and such bye-laws as may be laid down. Provided that, during the absence of the secretary for a period of exceeding a month, the President shall have powers to nominate for the period of absence of the Secretary, a person to perform the duties and exercise the powers of the Secretary mentioned in these Rules including the power to operate on the account opened in the Bank in accordance with the bye-laws and the decisions of the Executive Committee.
20. GENERAL MEETING:
2 The Annual General Meeting of the State Council shall be held once it every year at such time, date and place as the President may decide. At this meeting, called the Annual General Meeting the report of the management of the State Council for the previous financial year together with an audited copy of the balance sheet, income and expenditure account and the auditor’s report and other matter that may be placed before it by the Executive Committee shall be submitted for approval.
3 The first Annual General Meeting shall be held by the State Council within 18 months of its registration. The next annual General Meeting of the State Council shall be held within 9 months after the expiry of the calendar year in which the first Annual General Meeting is held; and thereafter the Annual General Meeting shall be held within 9 months after the expiry of each calendar year.
4 A special General Meeting may be convened at any time on the requisition of the President or on the requisition of one fourth of the total number of members of the State Council who shall state in writing to the Secretary the business for which the meeting is to be convened and the Secretary shall within ten days from the date of the requisition and in consultation with the Executive Committee proceed duly to call a meeting for the consideration of the business stated on a day not later than forty days from the date of receipt of the requisition.
5 All meetings of the State Council shall be called by notice under the signature of the Secretary or any other officer authorised in this behalf by the secretary.
6 Every notice calling a meeting of the State Council shall state the date, time and place at which such meeting shall be held and shall be delivered by hand or sent by registered post to every member at the addresses mentioned in the Register of Members not less than 21 clear days before the date appointed for the Annual General Meeting and 15 days before the date appointed for a special General Meeting.
7 If a member has no registered address in India, and has not supplied to the State Council an address within India for the giving of notice to him, a notice advertised in a newspaper in Tamil and in a Newspaper in English shall be deemed to be a notice duly given to him on the day on which the advertisement appears in the newspaper.
8 The President shall preside at all ordinary or Special General Meetings. In his absence the Vice-President shall preside. In the absence of them, one of the members present, elected for the purpose, shall preside.
9 One-fourth of the number of members shall form the quorum. If there is no quorum at the meeting, the meeting shall be adjourned for half an hour, and it will then be held even if no quorum is present.
10 The procedure to be followed at the meeting shall be laid down in the byelaws framed by the Executive Committee.
21. Once in every year on or before the fourteenth day after the Annual general Meeting of the State Council, a list of documents as required under … section of the Tamilnadu Societies, Registration Act, 1975 (Tamilnadu Act 27 of 1975) shall be filed with the Registrar of Societies.
22. The auditors for auditing the annual accounts of the State Council shall be appointed in the Annual General Meeting.
23. On the dissolution of the State Council if there shall remain, after a satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid or distributed among its members but shall be transferred as required under section …of Tamilnadu Societies’ Registration Act 1975 (Tamilnadu Act 27 of 1975) to some other similar State Council or to the Government for the promotion of similar objectives.
24. Alteration of Memorandum of Association and Rules and Regulation:- 1) Whenever it shall appear to the Executive Committee of the State Council that it is advisable to alter, extend or abridge the Memorandum of Association for such purposes as are mentioned in the Memorandum of Association or for other purposes as specified in Section … of the Tamilnadu Societies Regulations Act, 1975 (Tamilnadu Act of 1975) the Executive committee may submit the proposition to the members of the State Council in a written or printed report, and may convene a Special General Meeting for the consideration thereof according to the Rules and Regulations. No such proposition shall be deemed to have been approved unless such reports have been delivered by hand or sent by registered post to every member of the State Council 21 days prior to the date of the Special General Meeting convened at the instance of the Executive Committee for the consideration thereof, and unless such proposition shall have been agreed to by the votes cast in favour of the proposition by members entitled to do so, and suh votes are not less than three times the number of votes, if any, cast against the resolution by members so entitled and voting and confirmed by similar majority of votes at a second Special General Meeting convened at the instance of the Executive Committee after an interval of 30 days after the former meeting.
2) Whenever it shall appear expedient to the Executive Committee of the State Council to amend the name and Rules and Regulations of the State Council, the Executive Committee may submit the proposal to a special General Meeting convened for the purpose, of which notice should have been delivered by hand or sent by registered post to every member of the State Council 21 days prior to the date of Special General Meeting. The Resolution proposing the amendment shall be passed by the votes cast in favour of the resolution by members who are entitled to do so, provided such votes are not less than three times the number of votes, if any, cast against the resolution by members so entitled and voting.
25. Meeting of the Executive Committee:- i) The Executive Committee shall meet not less than 3 times during every calendar year at such time, date and place as the chairman may decide. The interval between any two consecutive meetings, shall however, not be more than 6 months.
ii) The meeting shall be called by notice under the signature of the Secretary, or any other officer authorised in this behalf by the Secretary, who shall cause the notice to be delivered safely to each member of the Executive Committee at the address mentioned in the Register of Members, not less than 8 days before the date fixed for the meeting provided that the Chairman may call a meeting of the Executive Committee at such shorter notice as may be expedient.
iii) Not less than half the number of members of the Executive Committee shall form the quorum. The requirements of quorum shall not, however, apply to adjourned meetings.
iv) The procedure to be followed at the meeting may be laid down in the bye-laws framed by the Executive committee.
26. The Executive committee may dispose off urgent matters by circulation of papers, if so desired by the chairman. All resolutions and decisions thus made shall be reported at the next meeting of the Executive Committee.
27. *When the Executive Committee is not in place or re-constituted, to manage urgent matters in some rare case(s) of the Tamilnadu State Council for Science and Technology, a Committee in the name of Administrative Committee may be constituted with the following members:-
(a) The Principal Secretary to Government, Higher Education Department, Secretariat, Chennai 9.
(b) The Secretary to Government (Expenditure), Finance Department, Secretariat, Chennai 600 009.
(c) The Member and Secretary in the Tamilnadu State Council for Science and Technology.
T.D.SUNDAR RAJ, COMMISSIONER & SECRETARY TO GOVERNMENT ANNEXURE (Referred to in Rule 3 (5)
1. Dr. Malcolm S. Adisheshiah (Nominee of Chief Minister) President
2. One of the Members of the State Council to be nominated as Vice President by the Government Vice-President-I
2a. One Eminent Scientist or Retired Scientist be nominated as another Vice President by the Government Vice-President-II Government Officials:
3. Chief Secretary Member
4. Chairman of the State Planning Commission, Madras-5 Member
5. Commissioner and Secretary to Government, Planning and Development Department, Madras – 9.
Member
6. Commissioner and Secretary to Government, Education Department Madras – 9.
Member
7. Commissioner and Secretary to Government, Electronics Science and Technology Department, Madras – 9.
Member
8. Commissioner and Secretary to Government, Finance Department, Madras – 9.
Member Representatives of Universities and Educational Institution:
9. Vice-Chancellor Anna University, Madras – 25.
Member
10. Vice-Chancellor Madras University, Madras – 5.
Member
11. Vice-Chancellor Tamilnadu Agricultural University Coimbatore – 3.
Member
12. Dr. P. K. Ponnuswamy Director, Bharathidasan University Thiruchirappalli – 23.
Member
13. Dr. R. Natarajan Prof. of Marine Biology, Annamalai University Annamalainagar–608 002.
Member
14. Prof. A. Gnanam, School of Biological Sciences Madurai Kamaraj University, Madurai – 21.
Member
15. Dr. R. Pitchai Professor Environmental Engineering, Anna University, Madras – 600 025.
Member
16. Dr. B. Ramamurthi Neuro Surgeon,No. 27, Second Main Road CIT Colony, Madras – 600 004.
Member
17. Dr. Rajammal P. Devadoss Avinashilingam of Home Sciences Coimbatore – 641 043.
Member
18. Miss. S. Baghirathi Principal,Sri Parasakthi College for Women Courtallam – 627 802.
Member
19. Prof. P.V. Indiresan Indian Institute of Technology,Madras–600036 Member
20. Prof. G. R. Damodaram Director, P.S.G. Institutions, Coimbatore – 4.
Member Research and Development Institutions:- 21 Dr. Y. Nayudamma Ph.D.F.N.A.
Distinguished Scientist Central Leather Research Institute Madras – 600 020.
Member
22. Dr. C. V. Seshadri A.M.M.Murugappa Chettiar Research Centre, Taramani, Madras – 600 113.
Member
23. Dr.M. Ramiah Co-ordinating Director C.S.I.R. Complex,Madras – 600 113.
Member
24. Representative of the Govt.
of Science and Technology Government of India, New Delhi – 110 016.
Member Industrialists:-
25. Thiru N. Mahalingam 31, Poes Garden,Madras – 600 086.
Member
26. Thiru K. Srinivasan South India Textile, Research Association Avamashi Road, Coimbatore – 14.
Member
27. Representative of Bharat Heavy Electricals Limited,(General Manager in charge of Research and Development) Tiruchirappalli.
Member
28. Representative of Neyveli Lignite Corporation, Madras.
Member Bank
29. The General Manager of Indian Bank 31, Rajaji Salai,Madras – 1.
Member
30. Dr. V. Ananda Rao Professor of Electronics Anna University, Madras – 600 025.
Member Secretary Tamilnadu State Council for Science and Technology General Service Rules
1. Title : These rules may be called the General Service Rules of the Tamilnadu State Council for Science and Technology and they shall come into force with effect from the date of approval by the competent authority.
2. Scope of Application : These Rules shall apply to the holders of all the categories of posts, whether temporary or permanent under the employment of the Tamilnadu State Council for Science and Technology.
3. Definitions :
(i) ‘Council’ means the Tamilnadu State Council for Science and Technology established by the Government of Tamilnadu in G.O.Ms.No.382, Education, Science and Technology Department, dated 31.3.84.
(ii) ‘The Executive Committee’ means the Executive Committee of the Tamilnadu State Council for Science and Technology.
(iii) a) ‘President’ means President of the Tamilnadu State Council for Science and Technology b) ‘Chairman’ means the Chairman of the Executive Committee of the Tamilnadu State Council for Science and Technology.
(iv) ‘Member Secretary’ means the Member Secretary of the Tamilnadu State Council for Science and Technology.
(v) ‘Employee’ means the employees of the Tamilnadu State Council for Science and Technology.
(vi) ‘Approved candidate’ means a candidate whose name appears in a authoritative list of candidates approved by the competent authority/committee for appointment to a particular category or post. The first appointment to the various categories of posts shall be made by the respective appointing authorities only form the list of approved candidates.
(vii) ‘Approved Probationer’ A member appointed to a service or category, who has satisfactory completed the period of his probation and awaits appointment as a full member of such service or category.
(viii) Full Member : A Full member of a service means a member of that service, who has been appointed substantively to a permanent post borne on the service thereof.
(ix) Backward Classes : ‘Backward Classes’ means the communities declared so, by the Government of Tamilnadu for reservation of appointment etc., and referred to under Rule 22 of the Tamilnadu State and Subordinate Service Rules.
(x) Scheduled Castes and Scheduled Tribes : Scheduled Castes and Scheduled Tribes means the communities declared so, by the Government of Tamilnadu for reservation of appointment etc., and referred to Under Rule 22 of the Tamilnadu State and Subordinate Service Rules.
4. Special Service Rules : The Special Service Rules shall mean the rules specially framed for the particular categories of posts or services to be applicable to them.
5. Relation to Special Service Rules : If any provision in these general service rules is repugnant to a provision in the Special Service Rules, the latter shall prevail over the provision in these rules in respect of that service or post.
6. Methods of Recruitment : Where the normal method of recruitment to any service or category is neither solely by direct recruitment and by transfer, the proportion or order which the special rules may specify for such recruitment shall be applicable only to substantive vacancies in the permanent cadre and not for the temporary and officiating vacancies.
7. Medical Certificate of fitness : Every employees on his / her first appointment in the Council, shall produce Medical Certificate of fitness for the post or service to which he / she is appointed from the competent Medical authority nominated by the Chairman for the purpose. The Medical Certificate of the employee should be filed along with the Service Records of the employee concerned.
8. Date of Birth :
(i) Every employee shall at the time of his / her recruitment, produce authentic evidence to provide the date of birth. The following records shall be considered as authentic evidence to prove the date of birth.
1. S.S.L.C. Book
2. Certificate from any recognized school, where he / she studied
3. Certificate extract from the Birth Register issued by the local authority having jurisdiction over the place of birth
(ii) Alteration of Date of Birth : An application for alteration of Date of Birth will bot be entertained if it is not made within a period of five years from the date of entry into service. Application received within a period of five year of entry into service, will be disposed of by the Executive Committee after causing an enquiry into the genuineness of the claim through the Revenue Department of the Government of Tamilnadu. The ultimate authority to decide whether or not to alter the Date of Birth pursuant to such an enquiry vests with the Executive Committee. The decision of the Executive Committee in this regard is final.
9. Service Book : Service Book in the form prescribed by the Council should be maintained for all the employees of the Council, which shall contain among other things, the particulars of the services rendered by the employees, increments earned by them, promotion or awards of punishments given to them from the date of entry up to the date of their leaving the Council. The service book shall also contain particulars of the leave availed of under the various categories of leave except Casual Leave during the service with the Council. The Member Secretary should attest the entries in the service books. Annual verification of services shall also be done at the close of the calendar year duly attested by the said official.
Quinquennial attestation of the entries in the service books should be got done by the employees.
10. (a) Qualification : The minimum general educational qualification wherever referred to in the Special rules, shall mean the qualification prescribed for one to be eligible for admission to the Higher Secondary Courses of study in Tamilnadu.
(b) Qualification period of service/experience : Wherever referred in these rules and the Special Service Rules shall mean and include the total period of service put in by an employee in the Council.
11. Discharge and re-appointment of probationers and approved probationers :
Probationers and approved probationers could be discharged for want of vacancies only in the following order
(i) The Probationers in the order of Juniority; and
(ii) The approved probationers in the order of Juniority
12. Members absent from duty : The absence of a member of a service from duty, whether on leave, on foreign service or on deputation or for any other reason and whether his / her lieu in a post borne on the cadre of such service is suspended or not, shall not, if he/she is otherwise fit, render him/her ineligible in his / her turn – for re-appointment to a substantive or officiating vacancy in the category, grace or post in which he / she may be an approved candidate, as the case may be, in the same manner as if he / she had not been absent. He / she shall be entitled to all the privileges in respect of appointment, seniority, probation and appointment as full member which he / she would have enjoyed but for his /her absence subject to his / her completing satisfactorily the period of probation on his / her return.
13. Right to be a probationer or an approved probationer in two or more services:
Notwithstanding anything contained in Rule 12,
(a) No person shall at the same time, be a probationer or an approved probationer in more than
(i) One service in case, he / she is a full member of any other services;
and
(ii) Two services in any other case; and
14. Foreign Service : No employee of the Council shall be sent on deputation of foreign service except with the approval of the Executive Committee. The foreign employer and the employee concerned should observe the terms and conditions stipulated by the Executive Committee for the purpose.
15. Reservation of appointments : Where direct recruitment is resorted to and where the Special Rules lay down that the principle of reservation of appointments shall apply to any service or category, appointment thereto shall be made with reference to Rule 22 of the Tamilnadu State and Subordinate Service Rules as amended by Tamilnadu Government from time to time.
16. (a) Temporary appointments :
(i) Where it is necessary in the interest of the Council owing to an emergency which has arisen to fill immediately at vacancy in a post borne on the establishment of the Council and there would be undue delay in making such appointments in accordance with these rules and Special Service Rules, the appointing authority may temporarily appoint a person otherwise than in accordance with the said rules.
(ii) No appointment under the above rules shall ordinarily be made of a person who does not posses the requisite qualification prescribed for the post in the rules. Any person who does not possess the requisite qualification if appointed shall be replaced as soon as possible by a person possessing the requisite qualification and included in the list of approved candidate for appointment to such posts or considered by the competent authority and duly approved.
(iii) A person appointed under the above rule, shall not be regarded as a probationer in such posts or service or is entitled to any preferential claim for future appointment. His/her services in the said post, shall be liable to be terminated by the appointing authority at any time without notice and without any reason being assigned.
(iv) A person appointed under the above rule shall draw only the minimum in the time scale of pay applicable to the post or his/her substantive pay, if any whichever is favourable to him/her.
16. (b) Probationer :
(i) Date of commencement: If a person having been appointed temporarily to a post for which a period of probation has been prescribed by the Special Rules is subsequently appointed to the same post on a regular basis and in accordance with the rules by the appointing authority; she /he shall commence probation from the state of such subsequent appointment or from such earlier date as the appointing authority may determine. He/she shall also be eligible to draw increments in the time scale of pay applicable to him/ her from the date of commencement of his / her probation or temporary appointment, as the case may be.
(ii) Service in higher category counting for probation : A probationer in any category of service shall be eligible to count for probation his / her service, if any, on regular appointment in a higher category of the same service.
17. Extension of Probation : In the case of any probationer, the appointing authority may extend his/her probation to enable him / her to acquire the special qualification or pass special examination if any, prescribed for the post and take a decision on his/her suitability for full membership after the extended period of probation is over.
The extension of probation may also be ordered by the appointing authority, if the work and conduct of the probationer have not been adequately satisfactory and that he/she needs further experience in the said posts.
In cases, where extension of probation is ordered a condition that the probationer’s increment be withheld temporarily until he/she is declared to have satisfactorily completed his/her probation shall be incorporated in the order of extension and the stoppage of increments.
18. Termination of probation : If the appointing authority is of the view that the work and conduct of the probationer have not been satisfactory, that the notes / memos of warnings administered to him / her have had no avail and that the probationer is found incapable of discharging the duties entrusted to him / her, the appointing authority may with reference to the materials placed on record, terminate his / her probation or the extended period of probation as the case may be.
NOTE : The decision of the appointing authority that the probationer is not suitable for full membership may be base not only on the work and conduct during the period of probation and the extended period of probation, but also till the date of decision by the appointing authority.
19. Completion of probation : The appointing authority, shall take timely decision on the suitability or otherwise of the probationer for full membership of the post for which he/she was selected and appointed on probation. If the appointing authority decides that a probationer is suitable for full membership, it shall as soon as possible issue an order declaring the probationer to have satisfactorily completed his / her probation. If no such order is issued within six months from the date on which he/she was eligible or such declaration, the probationer shall be deemed to have satisfactorily completed his / her probation either on the date of completion of probation or extended period of probation as the case may be. A formal order declaring the completion of probation shall, however, be issued by the competent authority.
Termination of probation and removal from service.
If the appointing authority decided that the probationer is not suitable for full membership, it shall unless his probation is extended under Rule 17 or terminated under Rule 18, also remove/discharge him/her from service after giving him / her a reasonable opportunity of showing cause against the action proposed to be taken in this regard to him / her.
Besides termination of probation, if the appointing authority decides that a probationer is unfit for being kept in service of the Council, it shall frame regular charges in addition to or distinct from general inefficiency or incapacity and follow the detailed procedure required to be followed before imposing the penalty of removal or dismissal from service.
NOTE : An opportunity to show cause may be given either by the appointing authority or by such subordinate authority who is superior to the rank of probationer.
The Powers conferred on the appointing authority shall also be exercised by any higher authority to whom the appointing authority is administratively subordinate whether directly or indirectly, in the following cases:
1. Extension of probation under Rule 17
2. Termination of probationer under Rule 18
3. Discharge / Removal of a probationer from service under Rule 20 Appeal against termination of probation and discharge/removal from service:
A probationer who is discharged or removal from service or whose probation is terminated shall be entitled to appeal against the said order to the authority to which an appeal lies against the order of dismissal or removal passed by the competent authority. The appeal should be preferred within 60 days from the date on which the order appealed against was received by the applicant.
Appointment of full members:
Approved probationers shall be appointed as full members of the service for which they are selected and appointed by the competent authority in order of vacancy arising for the same.
Seniority:
The seniority of a person in a service or category shall, unless he/she has been reduced to a lower rank as punishment, be determined by the rank obtained by him/her in list of approved candidates drawn up by the competent authority or other appointing authority as the case may be, subject to the rule of reservation where it applies. The date of commencement of his/her probation shall be the date on which he/she joins duty irrespective of his/her seniority.
Consequences of resignation:
A member of the service shall, if he/she resigns his/her appointment, forfeit not only the service rendered by him/her in the particular post held by him/her at the time of resignation, but all his/her services under the Council.
Military duty to count for pension:
Notwithstanding anything contained in these rules or the Special Service rules, if a member of a service in the Council is deputed for military duty, he/she shall be entitled to count the period spent on military duty for the purpose of pension, if he/she would have counted for that purpose his/her service in the Council but for his/her deputation to military duty.
Reduction of full members:
(a) If the full member of any service, or category is substantively reduced to a lower service or category, he/she shall be deemed to be a full member of the latter and the permanent cadre thereof shall, if there is no vacancy in which he/she could be absorbed, be deemed to be increased by one:
Provided that against every such addition, an officiating or temporary vacancy, it any, in such lower service, or category, shall be kept unfilled and such addition shall be absorbed in the first permanent vacancy that subsequently arises in such lower service, or category as the case may be.
(b) Appointment in place of members dismissed, removed, compulsorily retired or reduced:- Where a person has been dismissed, removed, compulsory retired or substantively reduced from any service, class or category, no vacancy caused thereby or arising subsequently in such service, or category, shall be substantively filled to the prejudice of such person until the expiry of a period of one year from the date of such dismissal, removal, compulsory retirement or reduction or until the appeal, if any, preferred by him/her against such dismissal, removal, compulsory retirement or reduction is decided, whichever is later.
Relinquishment of rights by members:
Any person may, in writing, relinquish any right or privilege to which hi/she may be entitled under these rules or the Special Rules if, in the opinion of the appointing authority, such relinquishment is not opposed to the interest of the Council and nothing contained in these rules or the Special Rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished.
Increments:
All duty in a post on a time scale of pay for increments in that time scale. A person appointed to a category/post in the Council on a time scale of pay, shall ordinarily draw increment by putting in the required service to earn the same, unless it is withheld as a measure of punishment. An increment may be withheld from a Council employee by the authority competent to do so, if his/her conduct has bot been good or his/her work has not been satisfactory. In ordering the withholding of an increment, the withholding authority shall state the period for which it is withheld and whether the postponement shall have the effect of postponing future increments. The authority shall also expressly state in the order, whether the period for which the increment has been withheld will be inclusive or exclusive of any period spent on leave before the period of stoppage of increment is completed. If the order does not state that the withholding of increment shall have the without cumulative effect and it shall be acted upon accordingly.
In all cases of stoppage of increment with cumulative effect, the authority imposing the penalty should append a certificate in the order itself to the effect, that he has duly taken into account the effect of such stoppage of increment on pension of the individual and passed orders on that basis only.
In all cases of suspension on account of imprisonment for debt or reasons other than misconduct, the period of service preceding the suspension may be allowed to count for increment but not the actual period of suspension.
Where an Efficiency Bar is prescribed in a time scale, the increment next above the bar, shall not be given without the specific sanction of the authority empowered to without the increment.
All leave except extra-ordinary leave taken otherwise than on Medical certificate, shall count for increment in the time scale of pay applicable to the post held by the employee, when he/she proceeded on leave and would have continued in the said post but for his/her proceeding on leave. The period which should could for increment will be restricted to the period during which he/she would have actually held the post but for his/her going on leave. The appointing authority should issue a certificate specifying the period that would count for increment for such cases.
30. Reduction:
When the authority competent to impose on an employee a punishment of reduction either in the stage of the time scale of pay drawn by him/her or reducing him/her from one category of post to a lower category of post, it shall specify the period for which such punishment should be in force. If no period is specified, the order will be considered defective and it shall be remedied sue to motto by the superior authority to which the punishing authority is a direct or indirect sub-ordinate.