(a) given his resignation addressed to the President in writing and it has been accepted in writing by the Board, or he cease to be in service by the operation of the rules regulating the retirement of the Board's servants; or
(b) given the Board at least three months’ notice or has paid or assigned to the Board a sum equal to his three months’ notice or has paid or assigned to the Board a sum equal to his three month's pay in lieu of notice or
(c) been given by the board not less than three month months' noticeon a sum equal to three months’ pay in lieu of notice or
(d) been dismissed , discharged or removed according to the provisions of the Act or the rules made thereunder.
VII - Punishment s and Appeal
16. The Board shall subject to be provisions of sub-section (2) of Section 24 of the Act have the power to inflict the following punishments on the Registrar, namely
(a) Censure;
(b) Withholding of increments;
(c) Reduction in pay;
(d) Recovery from pay of the whole or part of anypecuniary loss caused to the Board by negligenceor breach of order
(e) Removal from service which does not disqualifyhim from future employment;
(f) Dismissal from service which ordinarily disqualifies him from future employment.
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Provided that the order of punishment or removal or dis-missal shall not be valid unless passed by a resolution supported by not less than two -thirds of the members, including the President, constituting the board.
17Procedure-(1)(a). No order, other than an order based on facts which have ledto his conviction in a criminal court, of dismissal, removal orreduction in pay shall be passed unless he had been intimatedinwriting of the grounds on which it is proposed to take action and has been afforded an adequate opportunity of defending himself.
(b) The grounds on which it is proposed to take action shall be reduced in the form of a definite charge or charges, which shall be communicated to the Registrar together with a statement of the allegations on which each charge is based and of any other circumstancewhich it is proposed to take into consideration in passing orders in the case.
(c) He shall be required, within a reasonable time, to put in a written statement and to state whether he desire to be heard in person.
(d) Thereafter, an enquiry shall be held by the President of the Board or any other person or persons authorized by the Board. At that enquiry oral evidence if any, shall be heard on such of the allegations as are not admitted, and he shall be entitled to crossexamine the witnesses, to give evidence in person and to have, such witnesses called, as he may wish. Provided that the enquiring authority may for special and sufficient reasons to be recordedin writing, refuse to call a witness.
(e) The proceedings shall contain sufficient record of evidenceand a statement of the findings and the grounds thereof.
(f) The enquiring authority may also separately from these pro-ceding’s make his own recommendation regarding the punishment to be imposed on the Registrar.
(2). Sub-rule (1) shall not apply where it is proposed to terminate the employment of a probationer whether during or at the end of period of probation. In such cases, the probationer shall be apprised of the grounds of such proposal, given an opportunity to show cause against the action to be taken against him, and his explanation in this behalf if any, shall be duly considered before orders are passed by competent authority.
(3). After the enquiry against the Registrar has been completed and after the board had arrived at provisional conclusions in regard to the penalty to be imposed, the Registrar, if the penalty proposed is dismissal, removal or reduction in pay, shall be sup-plied with a copy of proceedings, excluding the recommendations, if any, in regard to the punishment proposed by the enquiring authority and asked to show cause by a particular date, which affords him reasonable time, why the proposed penalty should not be imposed on him
(4). Whenever the Board is satisfied that good and sufficient reasons exist for adopting such a course it may impose the penalty of:
(i) Censure or
(ii) Stoppage at an efficiency bar;
Provided that it shall not be necessary to frame formal charges against the Registrar or to call for his explanation.
(5). In all cases where the Board Imposes the penalty of:-
(i) Withholding increments in the time scale at stages wherethere is no efficiency bar, or
(ii) recovery from pay of the whole or part of any pecuniary lose caused to the Board by negligence or breach of order; formal proceedings embodying a statement of the offence or fault, the explanation of the Registrar and the reasons for punishment shall be recorded.
18. Suspension-Notwithstanding anything to the contrary in rule 22 the Boardmay, in exceptional cases, for sufficient reasons to be recorded in writing and with the approval of the State Government, suspenda Registrar pending an enquiry at any time and immediately proceed with the investigation of the charge or charges against him.
19.Subsistance allowance- When a Registrar is suspended, he shall be given by the Board a subsistence allowance for the period of suspension. The amount of such allowance shall be determined in accordance with provision of Fundamental rule 53 of Financial Handbook Volume II Part II as amended from time to time.
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20. Special Rules of punishment for Government servant lent to the Board on foreign service---
(1). The services of the State Government servant may be lent to Board for employment as Registrar on such terms and conditions as the State Government may decide,
(2). When the Board decides that disciplinary proceedings should be started against a Government servant under the employ of theBoard a copy of the decision together with all relevant material and records of the case shall be forward by the President to the authority competent to punish the employee as Government servant and such authority shall thereafter take necessary action in accordance with the provisions contained in the disciplinary rules of the Government service to which he belongs subject to the gene-ral or special order of Government issued from time to time in this behalf.
21. Appeals-(1). The registrar may appeal to the State Government against any order of punishment passed by the Board,
(ii). The appeal shall –
(a) contain all material statements and arguments relied onby the appellant,
(b) not be written in disrespectful or improper language;
(c) be submitted through the President, and
(d) be filed within 30 days of the communication to the appellant of the order appealed against.
(iii) A Government servant against whom disciplinary action has been taken under Rule 20 may appeal in accordance with the provisions contained in the disciplinary rules of the Government service to which he belongs.
(iv) The State Government may call for the record of the case and after consideration of the points raised in the appeal shall pass such order as appears to it just and equitable having regard to all the circumstances of the case:
Provided that when the punishment is proposed to be en-hanced by the State Government, the person concerned shall be giver opportunity to show cause against the proposed enhancement.
PART VIII - OTHER PROVISIONS
22. All other matters relating to the conditions of service of the Registrar not specifically provided for herein, shall be re-gulated as far as possible by the orders of the State Govern-ment for Government servants of comparable status.
23. Retirment-The age of retirement from service of the Registrar shall be 58 years, beyond which he shall not be ordinarily retained in the service of the Board, except with the previous Approval of the State Government. No extension shall be granted to the Registrar so as to retain him beyond the date on which he attains the age of 60 years. .
24. Leave- All matters relating to leave and leave allowances of the Registrar, as far as possible, shall be regulated in the manner applicable to Government servants under the Financial Handbook, Volume II, Parts II to IV (U.P. Fundamental and Subsidiary Rules).
25. Provident Fund-The Registrar is not entitled to pension. He may get thebenefit of a Provident Fund Scheme, which may be established with the approval of the State Government.
26. Relaxation from conditions of service-Where the State Government is satisfied that the operation of any rule regulating the conditions of service causes any unduehardship, it may, notwithstanding anything contained in the rules, by order dispense with or relax the requirements of thatrule subject to such extent and conditions as may be considerednecessary for dealing with the case in a just and equitable manner.