Acts, Rules and Regulations

KBOPL Service Regulations, 1986

Published in Gazette of India, Part III, Section 4, Page 1048-63

7^th June, 1986

(Placed in Lok Sabha on 4/12/1986, Rajya Sabha on 3/12/1986)

Office of the Khuda Bakhsh Oriental Public Library Board, Patna

In exercise of the powers conferred by section 12 read with clause ( c ) of sub-section (2) of section 28 of the Khuda Bakhsh Oriental Public Library Board, with the previous approval of the Central Government, hereby makes the following regulations, namely -

1. Short Title and Commencement

1. These regulations may be called the Khuda Bakhsh Oriental Public Library Service Regulations, 1986.

 

2. They shall come into force on the date of their publication in the Official Gazette.

2. Application

1. These regulations shall apply, subject to the provisions of clause (b), to all employees under the Khuda Bakhsh Oriental Public Library Board and to any other class of employees to which the Board may be general or special order declare them to be applicable.

 

2. Unless otherwise specifically provided by or under these regulations, they shall not apply to persons -

 

1. not in the whole-time employment of the Board;

 

2. employed on daily wages;

 

3. whose services have been borrowed from Government departments or from other institutions, unless the concerned person, with the approval of the lending authority, opts to be governed by these regulations;

 

4. who are governed by special contracts which contain specified terms and conditions of service.

3. Definitions

In these regulations, unless the context otherwise requires -

1. “Act” means the Khuda Bakhsh Oriental Public Library Act, 1969 (43 of 1969);
2. “Director” means the Director of the Khuda Bakhsh Oriental Public Library;
3. “Schedule” means the schedule appended to these regulations;

4. Creation of Posts

Subject to such conditions as may be specified by the Central Government in this behalf, the Board may create such posts as may be necessary for the management of the library and may fix or alter grades, scales of pay and allowances for such posts:

Provided that such scales of pay and allowances shall in no case be better than those obtaining for comparable posts in or under the Central Government.

5. Appointing Authority

Appointment to a post under the Board shall be made -

1. in the case of posts falling under Group A and B, by the Board; and,
2. in the case of other posts, by the Director.

6. Recruitment

1. The method of recruitment to the posts, classification, scales of pay, age-limit, qualifications and other matters connected therewith shall be as specified in the Schedule-1.

 

2. Recruitment to all the posts in the library shall be made (a) by direct recruitment, by advertisement in the newspapers or through the Employment Exchanges or by both: or (b) by promotion ; or (c) by transfer or loan or otherwise from State or Central Government or quasi-Government organisation or other statutory bodies.

 

3. The following procedure shall be adopted when a vacancy in a Group A Senior, Group B, Group C and Group D posts is to be filled up by direct recruitment, namely -

1. in the case of Group A Senior and Group A Junior or Group B posts, the vacancy shall be advertised in newspapers.

 

2. in the case of Group C or Group D posts, the vacancy shall be notified to the Employment Exchange and advertisement in newspapers shall be made only after the Employment Exchange has issued a non-availability certificate.

4. The posts in the library shall be classified into the following categories, namely :-

1. Group A Senior – Post carrying a pay or scale of pay with a maximum of not less than Rs. 4,000/-

 

2. Group A Junior – Posts carrying a pay or scale of pay with a maximum of not less than Rs. 1,600/-

 

3. Group B – Posts carrying a pay or scale of pay with a maximum of less than Rs.4,000/- but not less than Rs. 2,900/-

 

4. Group C – Post carrying a pay or scale of pay with a maximum of less than Rs.2,900/- but not less than Rs. 1,150/-

 

5. Group D – Post carrying a pay or a scale of pay with a maximum of Rs.1,150/- or less

5. All appointments including promotions shall be made on the recommendations of Selection Committees, the composition of which shall be as follows:

1. For Group A Senior and Group A Junior

1. Chairman of the Board or in his absence his nominee;

 

2. A nominee of the Government of India;

 

3. A nominee of the Government of Bihar;

 

4. A member nominated by the Board from amongst themselves;

 

5. An expert on the subject nominated by the Board;

 

6. Director or in his absence the Deputy Director of the Library.

The Chairman will have a casting vote in case the members of the Selection Committee are equally divided on any issue. 

 

2. For Group B post and Group C post other than Ministerial posts.

1. One person to be nominated by the Board to be the Chairman;

 

2. A nominee of the Government of India;

 

3. A nominee of the Government of Bihar;

 

4. Director or in his absence the Deputy Director of the Library.

The Chairman will have a casting vote in case the members of the Selection Committee are equally divided on any issue. 

 

3. For Group C ministerial posts

1. Director, as its Chairman;

 

2. An officer nominated by the Chief Secretary of the Government of Bihar;

 

3. An officer nominated by the Education Commissioner, Bihar.

4. For Group D posts

 

Departmental Committee set-up by the Board.

 

5. Short term temporary appointments shall be made on the recommendations of Selection Committee, the composition of which shall be as follows, namely :

1. For Group A

 

As in case of permanent employees.

 

2. For Group B and C

1. Commissioner, Patna Division, Patna or his nominee;

 

2. A nominee of the Government of Bihar; and

 

3. Director

3. For Group D

 

All Group D appointments shall be made by the Director.

7. Recruitment by other methods when promotion is not possible

In regard to posts reserved for a departmental promotion, recourse shall be had to direct recruitment or appointment by transfer of an employee from another organisation only if the Board certifies that none of the candidates eligible for promotion is suitable or no candidate is eligible for promotion.

8. Fitness at initial Appointments

No person may be appointed to any post by direct recruitment unless - 

1. He/She is declared medically fit in the form specified at Schedule-2, in the case of Group A and Group B employees, by a Medical Officer of the rank of Civil Surgeon/Medical Superintendent of State or Central Government, and in the case of Group C and Group D employees by a Medical Officer as the Board may specify in this behalf.

 

Note: The following classes of employees are exempt from the production of a medical certificate of health on appointment :

1. persons appointed to a temporary vacancy of less than three months duration;
2. a retired employee re-employed immediately after retirement.
3. an employee who has already been medically examined for appointment to a lower or equivalent post;
4. persons in respect of whom the Board may for reasons to be recorded in writing, grant any exemption from the operation of this rule;

2. his character and antecedents have been verified in detail in accordance with the rules issued by the Government of India from time to time in respect of appointments to similar classes of posts under their control.

9. Special representation for Scheduled Castes, Ex-Servicemen, etc.

Vacancies shall be reserved for the members of the Scheduled Castes, Scheduled Tribes and Ex-Servicemen for appointment to the posts under the Board, according to the orders issued by the Government of India from time to time in this regard.

10. Disqualification

No person who has entered into or contracted a marriage with a person having a spouse living or who, having a spouse living has entered into or contracted marriage with any person shall be eligible for appointment to any post governed by these regulations.

Provided that the Board may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this regulation.

11. Tenure

All appointments shall take effect from the date on which the appointee reports himself for duty with the Board.

12. Probation

Every person appointed to a post under the Board whether by promotion or by direct recruitment, shall be on probation in such post for a period of two years:

Provided that the appointing authority may, in any individual case, for reasons to be recorded in writing, extend or curtail the period of probation not exceeding one year.

13. Termination of Probation

Where a person appointed to a post under the Board on probation is, during the probation period, found unsuitable for holding that post or has not completed his probation period satisfactorily, the appointing authority may -

1. in the case of a person appointed by promotion, revert him to the post held by him immediately before such promotion;
2. in the case of a person appointed by direct recruitment, terminate his services under the Board.

14. Temporary and Permanent Service

1. An employee recruited otherwise than under paragraph (5) of sub-regulation (v) of regulation 6 shall be deemed to be a temporary employee on his first appointment to a post under the Board and shall remain a temporary employee until he is appointed substantively to a permanent post under the Board.

 

2. An employee appointed substantively to any permanent post under the Board shall be a permanent employee of the Board.

15. Substantive Appointments

1. All substantive appointments shall be made on the basis of seniority.

 

2. No employee shall be appointed substantively to any post unless -

 

1. such post is permanent and nobody else has been substantively appointed to it;

 

2. he has satisfactorily completed the period or extended period of probation;

 

3. Substantive appointments may be made with retrospective effect from any date provided that -

 

1. a permanent vacancy existed on that date or from an earlier date;

 

2. the employee concerned was on the relevant date, actually holding otherwise than as a purely temporary measure or would have held that post but for his appointment to a higher or equivalent post;

 

3. in the case of a “Selection post”, the employee concerned has already been selected on the relevant date when he previously officiated in that post otherwise than as a purely temporary arrangement;

 

4. other requirements regulating appointments and confirmations are satisfied.

 

4. Erroneous substantive appointment

 

Orders for substantive appointment contrary to the relevant rules of administrative instruction shall be cancelled straightway by the authority competent to fill the posts;

 

Provided that a show cause notice shall be given to the effected employee before revoking the orders of substantive appointment.

16. Honorarium, Special Pay, Personal Pay to Employees:

The Board may sanction to any employee in any special circumstances such special pay, personal pay, honorarium or any other fee on such condition as it may deem fit.

Provided that if any funds are required for the purpose from the Central government, prior approval of the Central Government, shall be necessary for the sanction of such pay, honorarium or fee.

17. Termination of Service

1.  
1. The services of a temporary employee may be terminated by the appointing authority without assigning any reasons, at any time by one month notice given by the appointing authority to the employee or at any time without notice on payment of pay and allowances for one month or for such period that falls short of one month’s notice.

 

2. A temporary employee may by notice of one month in writing resign from the service of the Board. The appointing authority may, if it deems proper in any special circumstances, permit a temporary employee to resign from the service of the Board by notice of less than one month.

 

2. Without prejudice to the provisions of clause (a) the service of a temporary employee shall automatically terminate -

 

1. if his appointment is made for a specified period on the expiry of such period; or

 

2. if his appointment is made against a temporary post, on the abolition of the post or on the expiry of the period for which the post is created.

 

3. The service of a permanent employee may be terminated by a notice of three months or on payment of pay and allowances for such period as the notice falls short of three months or without notice on payment of three-months pay and allowances, if the post to which he is substantively appointed is abolished.

 

4. An employee who is given notice of termination of service under clauses (a) or (c) above may be granted during the period of notice such earned leave as may be admissible to him; and where the leave so admissible to him, and granted, extends beyond the notice period, his services shall stand terminated on the expiry of such leave.

18. Resignation

A permanent employee may, in writing resign from the service of the Board after giving three months’ notice or after depositing an amount equal to pay and allowances for such period as the notice falls short of three months or without notice on depositing three months’ pay and allowances with the Library. He shall be relieved of his duties when his resignation is accepted by appointing authority.

19. Medical Facilities and Medical Attendance

An employee shall be entitled to such medical facilities and medical attendance as provided for in the Medical Attendance Rules of the Government of India.

20. Contributory Provident Fund-cum-Gratuity and General Provident Fund-cum-Pension-cum-Gratuity

1. The Board shall maintain a Provident Fund known as the Khuda Bakhsh Oriental Public Library Provident Fund.

 

2. All employees of the Board to whom these regulations apply, except those who opt to be governed by the existing Contributory Provident Fund-cum-Gratuity scheme under the provisions of regulation 22(4) (a), shall subscribe to the Fund after they complete one year’s continuous service.

 

3. The subscription, rates of interest, advances, withdrawals, nominations and all other incidental matters connected with and relating to the Fund shall be governed by the rules contained in the General Provident Fund (Central Services) Rules, 1960, as modified and amended from time to time ; and orders issued by the Government of India there under, subject to such modifications as may be necessary and expedient due to the fact that the Fund is being maintained by the Board, and not by the Central Government.

 

4. Without prejudice to the generality of the foregoing provisions, the terms ‘head of office’ or ‘head of Department’s wherever they occur in the General Provident Fund (Central Services) Rules, 1960 shall mean the Director and the term ‘Department of the Government’ wherever it occurs in the said rules shall mean the Board, in their application to the Khuda Bakhsh Oriental Public Library. The ‘Accounts Officer’ for the purposes of the Fund would be such officer of the Board as may be appointed by the Board to maintain the accounts of the Fund.

 

5.  
1. Notwithstanding anything contained in the General Provident Fund (Central Services) Rules, 1960 all subscriptions and moneys belonging to the Fund shall be kept in the State Bank of India or any other scheduled Bank approved by the Board in a separate account/fixed deposit in the name of the Fund.

 

2. The bank account shall be operated jointly by the Director and the Accounts Officer of the Fund.

 

3. Any money not required for immediate use of the Fund may, with prior approval of the Board, be lodged in a fixed deposit account, call deposit account, or short term deposit in the State Bank of India or any scheduled bank as may be specified by the Board or may be otherwise invested in the name of the Fund, according to specific instructions of the Board, in any investment that is for the time being approved by the Central Government or any law in force in India for investment of trust funds.

1. The employees of the Board to whom these Regulations apply shall be governed by the rules contained in the Central Civil Services (Pension) Rules, 1972 and Central Civil Services (Commutation of Pension) Rules, 1981 as modified and amended from time to time, in regard to pension (including Family Pension, Extra ordinary Pension, Commutation Pension) and gratuity payable to them.

 

2. Without prejudice to the generality of the foregoing provision, the terms ‘head of office’ or ‘Head of Department’, wherever they occur in the Central Civil Services (Pension) Rules, 1972 shall mean the Director, the term ‘Department of the Government’ shall mean the Board and the term ‘Accounts Officer’ shall mean the Account Officer appointed to maintain accounts of the Khuda Bakhsh Oriental Public Library under sub-regulation(2) of regulation 20 above, in their application to the employees of the Board.
   
   Explanation 1 : The amount of dearness allowance that will count as emoluments for pension would be such, if any, as may be ordered by the Board from time to time. Orders of the Central Government in this respect applicable to its employees shall not be automatically applicable to employees of the Board -
   
   Explanation 2 : The relief and ad hoc relief sanctioned by the Government of India to its pensioners from time to time shall be admissible to pension granted under this rule, only to such extent and from such date, if any as may be ordered by the Board from time to time.

1. Subject to the Provisions of Sub-regulation (4), all employees of the Board who are covered under these regulations shall from the date of the commencement of these regulations be governed by these regulations in so far as their Provident Fund, Pension, Gratuity and other retirement benefits are concerned.

 

2. All employees covered by sub-regulation (1) above shall cease to be governed by and be members of the Contributory Provident Fund-cum-Gratuity scheme; General Provident Fun-cum-Pension-cum-Gratuity scheme, Triple Benefit Scheme, or any other rules, regulations, scheme to which they may be subject to or entitled to as on the date of commencement of these regulations in respect of Provident Fund, Pension, Gratuity, and any other retirement benefits or any matter to which these regulations apply.

 

3. Amount outstanding to the credit of an existing employee to whom regulations 20 and 21 above apply, in his Contributory Provident Fund or General Provident Fund as on the date of commencement of these regulations in respect of his own contributions plus interest thereon shall be transferred to his credit in the Khuda Bakhsh Oriental Public Library General provident Fund constituted under regulations 20. All other moneys and benefits to which he was entitled under the rules in force prior to the commencement of these Regulations shall lapse including, inter-alia, employer’s contributions to Provident Fund and interest thereon and shall be resumed by the Board.

 

4. (a) An existing employee who is holding substantively a permanent post under the Board as on the date of commencement of these regulations may opt to continue to be governed by the existing Provident fund-cum-Gratuity Scheme or General Provident Fund-cum-Pension-cum-Gratuity scheme or any other rules governing Provident Fund and retirement benefits to which he was subject on the date of the commencement of these regulations.

    

   (b) The option under clause (a) shall be exercised within six months from the date of commencement of these regulations or before the date of retirement of the employee, whichever is earlier.

    

   (c) The option shall be exercised in writing and shall be communicated by the employee to the Director in such form as may be prescribed by the Director who will countersign it and cause it to be pasted in the service book or other records of service of the employee. Option once exercised shall be final.

    

   (d) An existing employee who does not exercise his option to continue to be governed by the existing rules as a whole to which he was subject prior to the date of commencement of these regulations from the date of such commencement.

23. Leave

An employee shall be entitled to such leave as provided in the Central Civil Services Leave Rules, as amended from time to time.

Discipline

24. Suspension

1. The appointing authority or any authority to which it is subordinate or the disciplinary authority specified in Schedule-3 may place an employee under suspension:

 

1. Where a disciplinary proceeding against him is contemplated or is pending; or

 

2. Where in the opinion of the authority aforesaid he has engaged himself in activities prejudicial to the interest of the security of the State; or

 

3. Where a case against him in respect of any criminal offence is under investigation, inquiry or trial : Provided that where the order of suspension is made by an authority lower than the appointing authority such authority shall forthwith report to the appointing authority the circumstances in which the order was made.
   
   Explanation: Disciplinary authority means an authority competent under these regulations to impose on an employee any of the penalties specified in regulation 25.

 

2. An employee shall be deemed to have been placed under suspension by an order of the appointing authority -

 

1. With effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;

 

2. With effect from the date of his conviction if, in the event of conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed, removed or compulsorily retired consequent to such conviction.
   
   Explanation: The period of forty-eight hours referred to in clause (ii) of this sub-regulation shall be computed from the commencement of the imprisonment after the conviction and for this purpose intermittent periods of imprisonment, if any, shall be taken into account.

 

3. Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee under suspension is set aside in an appeal or review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

 

4. Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee is got aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary authority, on a consideration of the circumstances of the case, decided to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.

 

5. (i) An order of suspension made or deemed to have been made under this regulation shall continue to remain in force until it is modified or revoked by the authority competent to do so;

    

   (ii) Where an employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceedings is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the employee shall continue to be under suspension until the termination of all or any of such proceedings.

    

   (iii) An order of suspension made or deemed to have been made under this regulation may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.

25. Penalties

The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an employee - 

1. Minor Penalties

1. censure;

 

2. withholding of his promotion and/or withholding of increments of pay;

 

3. recovery from his pay of the whole or part of any pecuniary loss caused by him to the Board by negligence or breach of orders.

2. Major Penalties

4. reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the employee will earn increments of pay during the period of such reduction and whether on the expiry of such period the reduction will or will not have the effect of postponing the future increments of his pay;

 

5. reduction to a lower time-scale of pay, grade of post which shall ordinarily be a bar to the promotions of the employee to the time-scale of pay, grade or post from which he was reduced, with or without further directions regarding condition of restoration to the grade or post from which the employee was reduced and his seniority and pay on such restoration to that grade or post;

 

6. Compulsory retirement;

 

7. removal or dismissal from service.

Explanation

 

The following shall not amount to a penalty within the meaning of this regulation, namely -

1. withholding of increments of pay of an employee for his failure to pass any departmental examination in accordance with the rules or orders governing the post which he holds or the terms of his appointment;

 

2. stoppage of an employee at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;

 

3. non-promotion of an employee, whether in a substantive or officiating capacity, after consideration of his case to a grade or post for promotion to which he is eligible;

 

4. reversion of an employee officiating in a higher grade, or post to a lower grade or post on the ground that he is considered to be unsuitable for such higher grade or post or on any administrative ground unconnected with his conduct;

 

5. reversion of an employee, appointed on probation to any other grade or post, to his permanent grade or post during or at the time of the period of probation in a accordance with the terms of his appointment or the rules and orders governing such probation;

 

6. repatriation of an employee whose services had been borrowed from the Central Government or State Government or the authority from which the services of such employee had been borrowed;

 

7. premature retirement of an employee in accordance with the provisions relating to his superannuation or retirement;

 

8. termination of the service -

 

1. of an employee appointed on probation during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation;
2. of a temporary employee in accordance with the provisions of these Regulations; or
3. of an employee employed under an agreement in accordance with the terms of such agreement.

26. Disciplinary Authorities

1. The Board may impose any of the penalties specified in regulation 25 on an employee.

 

2. Without prejudice to the provisions of clause 9(a), but subject to the provisions of clause (c), any of the penalties specified in regulation 25 may be imposed on a person appointed to a post under the Board by the authority specified in this behalf by a general or special order of the Board or, where no such order has been made, by the appointing authority or the authority specified in Schedule-4.

 

3. Notwithstanding anything contained in this regulation, no penalty specified in clause (iv) to (vii) of regulation 25 shall be imposed by any authority subordinate to the appointing authority.

27. Authority to Institute Proceedings

1. The Board or any authority empowered by it by general or special order may:

 

1. institute disciplinary proceedings against an employee;

 

2. direct a disciplinary authority institute disciplinary proceedings against any employee on whom that disciplinary authority is competent to impose under these regulations any of the penalties specified in regulation 25.

 

2. A disciplinary authority competent under these regulations may impose any of the penalties specified in clause (i) to (ii) of regulation 25 notwithstanding that such disciplinary authority is not competent under these regulations to impose any of the latter penalties.

28. Procedure for imposing Major Penalties

1. No order imposing any of the penalties specified in clauses (iv) to (vii) of regulation-25 shall be made except after following the procedure laid down in this regulation.

 

2. Wherever the disciplinary authority is of the opinion that there are grounds for enquiring into the truth of any imputation of misconduct or misbehavior against an employee, it may itself enquire into or appoint an authority to enquire into the truth thereof. Where the disciplinary authority itself holds the enquiry, any reference to the inquiring authority shall be construed as a reference to the disciplinary authorities.

 

3. Where it is proposed to hold an enquiry against an employee under this regulation, the disciplinary authority shall inform the employee in writing of the porposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to take action and give him a reasonable opportunity of making such representation as he may wish to make against the proposal.

 

4. (a) On receipt of the written statement of defence, the disciplinary authority may itself enquire into such of the articles of charge as are not admitted, or if it considers it necessary to do so appoint under clause (2) an enquiring authority for the purpose and where all the articles of charge have been admitted by the employee in his written statement of defence, the disciplinary authority shall record his findings on each charges as it may think fit and shall act in the manner laid down under clause (9).
   

    

   (b) If no written statement of defence is submitted by the employee the disciplinary authority may itself enquire into the articles of charge or may, if it considers it necessary to do so, appoint under clause (2) an inquiring authority for the purpose.

 

1. institute disciplinary proceedings against an employee;

 

2. direct a disciplinary authority institute disciplinary proceedings against any employee on whom that disciplinary authority is competent to impose under these regulations any of the penalties specified in regulation 25.

 

5. The enquiring authority shall return a finding of guilt in respect of those articles of charge to which the employee pleads guilty.

 

6. If the employee to whom a copy of the articles of charge has been delivered does not submit the written statement of defence on or before the dates specified for the purpose or does not appear in person before the enquiring authority or otherwise fails or refuses to comply with the provisions of this regulation or the orders of the enquiring authority, the enquiring authority may hold the enquiry ex-parte.

 

7. Where a disciplinary authority, competent to impose any of the penalties specified in clauses (i) to (iii) of regulation 25 but not competent to impose any of the penalties specified in clauses (iv) to (vii) of regulation 25 has itself enquired into or caused to be enquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any enquiring authority appointed by it, is of the opinion that the penalties specified in clauses (iv) to (vii) of regulation 25 should be imposed on the employee, that authority shall forward the records of the enquiry to such disciplinary authority as is competent to impose the last mentioned penalties.
   
   The disciplinary authority to which the records are so forwarded may act on the evidence on record or may, if it is of the opinion that further enquiry is necessary in the interest of justice, do so and may impose on the employee such penalty as it may deem fit in accordance with those regulations.

 

8. After the conclusion of the enquiry, a report shall be prepared and submitted to the disciplinary authority.

 

9. (a) The disciplinary authority, if it is not itself the enquiring authority, may, for reasons to be recorded by it in writing, remit the case to the enquiring authority for further enquiry and report, and the enquiring authority shall thereupon proceed to hold the enquiry according to the provisions of this regulations as far as may be.
   

    

   (b) The disciplinary authority shall, if it disagrees with the findings of the enquiring authority on any article of charge, record his reaons for such disagreement and record its own findings, on such charge, if the evidence on record is sufficient for the purpose.
   

    

   (c) If the disciplinary authority, having regard to its findings on all or any of the charges, is of the opinion that any of the penalties specified in clauses (i) to (iii) of regulation 25 should be imposed on the employee it shall make an order imposing such penalty :
   Provided that in case of the Director, the record of the enquiry shall be forwarded by the disciplinary authority to the Government of India for its advice and such advice shall be taken into consideration before making any order imposing any penalty on the Director.
   
   (d) (1) If the disciplinary authority, having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in clauses (iv) to (vii) of regulation 25 should be imposed on the employee, it shall:
   
   1. furnish to the employee a copy of the report of the enquiry held by it and its findings on each article of charge or where the enquiring authority has been appointed by it, a copy of the report of such authority and statement of its findings on each article of charge together with brief reason for its disagreement, if any, with the findings of the enquiring authority.
   2. in the case of the Director, a copy of the advice, if any, given by the Government of India and where the disciplinary authority has not accepted the advice of the Government of India, a brief statement of the reasons for such non-acceptance may also be supplied to him.
   3. give the employee a notice stating the penalty proposed to be imposed on him and calling upon him to submit within fifteen days of receipt of the notice or such further time not exceeding fifteen days as may be allowed, such representation as he may wish to make on the proposed penalty on the basis of the evidence adduced during the enquiry held under this regulation.

    

   (d) (2) The disciplinary authority shall thereafter consider the representation, if any made by the employee in pursuance of the notice given to him under clause (i) and determine what penalty, if any, should be imposed on him and make such order as it may deem fit.

29. Procedure for imposing Minor Penalties:

Subject to the provisions of clause (c) of sub-regulation (9) of regulation 28, no order imposing on an employee any of the penalties specified in clause (i) to (iii) of regulation 25 shall be made except after -

1. informing the employee in writing of the proposal to take action against him and of the imputation of misconduct or misbehaviour on which it is proposed to take action and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;

 

2. taking into consideration the representation, if any, submitted by the employee under clause (a);

 

3. recording a finding on each imputation of misconduct or misbehaviour;

 

4. consulting the Government of India in the case of the Director.

30. Communication of Order

Orders made by the disciplinary authority shall be communicated to the employee.

31. Common Proceedings

1. Where two or more employees are concerned in any case, the Board or any other authority competent to impose the penalty of dismissal from service on all such employees, may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

    

   Note : If the authority to impose the penalty of dismissal on such employees are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.

 

2. Any such order shall specify -

 

1. the authority which may function as the disciplinary authority for the purpose of such common proceedings;
2. the penalties specified in regulation 25 which such disciplinary authority shall be competent to impose;
3. whether the procedure laid down in regulation 28 or regulation 29 shall be followed in the proceeding.

32. Special Procedure in certain Cases

Notwithstanding anything contained in Regulation 25 to 28:

1. where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or

 

2. where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an enquiry in the manner provided in these regulations – the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit.

33. Provision regarding officer lent to Central Govt./State Govt./Semi Govt./Autonomous Organisation, etc.

1. Where the services of an employee are lent to Central Government, State Government or to any other Semi Government or autonomous Organisation (hereinafter in this regulation referred to as “the borrowing authority”) the borrowing authority shall have the powers of the appointing authority for the purpose of placing such employee under suspension and of the disciplinary authority for the purpose of conducting a disciplinary proceedings against him.

 

2. In the light of the findings in the disciplinary proceedings conducted against the employee -

 

1. if the borrowing authority is of the opinion that any of the penalties specified in clauses (i) to (iii) of regulation 25 should be imposed on the employee, it may after consultation with the lending authority make such orders as it deems necessary;

    

   Provided that in the event of a difference of opinion between the borrowing authority and the lending authority, the services of the employee shall be replaced at the disposal of the lending authority.
   
2. If the borrowing authority is of the opinion that any of the penalties specified in clauses (iv) to (vii) of regulation 25 should be imposed on the employee, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the enquiry and thereupon the lending authority, if it is the disciplinary authority, pass such orders thereon as it may deem necessary; or, if it is not the disciplinary authority, submit the case to the disciplinary authority which shall pass orders as it may deem necessary.

    

   Provided that before passing any such orders the disciplinary authority shall comply with provisions of clause (d) of sub-regulation (9) of regulation 28.

34. Special provisions regarding borrowed Employees

1. Where an order of suspension is made or disciplinary proceeding is commenced against a borrowed employee, the lending authority shall forthwith be informed of the circumstances, leading to the order of suspension or commencement of the disciplinary proceedings, as the case may be.

 

2. In the light of the findings in the disciplinary proceeding taken against such employees -

 

1. if the authority imposing the penalty is of the opinion that any of the penalties specified in clause (iv) to (vii) of regulation 25 should be imposed on him, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the enquiry for such action as it deems necessary; and

 

2. if the authority imposing the penalty is of the opinion that any other penalty should be imposed on him it may, after consultation with the lending authority, pass such orders as it deems necessary.

    

   Provided that in the event of a difference of opinion between the lending authority and the authority imposing the penalty, the services of the employee shall be replaced at the disposal of the lending authority.

    

   Explanation: In this regulations the expression ‘Lending Authority’ means the authority which has placed the services of the borrowed employee at the disposal of the Board.

Appeals and Review Appeals

35. Orders and Appeals

1. Orders against which no appeal lies:

 

Notwithstanding anything contained in this regulation, no appeal shall lie against -

 

1. any order made by the Board;
2. any order of an interlocutory nature or of the nature of a step laid or the final disposal of a disciplinary proceedings, other than order of suspension;
3. any order passed by an inquiring authority in the course of an enquiry.

 

2. Orders against which appeal lies:

 

Subject to the provisions of clause (i), an employee may prefer an appeal against all or any of the following orders, namely -

 

1. an order of suspension made or deemed to have been made under regulation 24;
2. an order imposing any of the penalties specified in regulations 25 whether made by the disciplinary authority or by any appellate or reviewing authority;
3. an order enhancing any penalty, imposed under regulation 25;
4. an order which -

 

1. denies or varies to his disadvantage his pay, allowance, pension or other conditions of service as regulated by rules or by agreement ; or
2. interprets to his disadvantage the provisions of any such rules or agreements ;

 

5. an order -

 

1. stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;
2. reverting him while officiating in a higher grade or post to a lower grade or post otherwise than as penalty ;
3. reducing or withholding the retirement benefits or denying the maximum retirement benefits admissible to him under the rules;
4. determining the subsistence and other allowance to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;
5. determining his pay and allowances -
1. for the period of suspension, or
2. for the period from the date of his dismissal, removal or compulsory retirement from services, or from the date of his reduction to a lower grade post, time-scale or stage in a time scale of pay, to the date of his reinstatement or restoration to his grade or post, or
6. determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower grade, post, time scale of pay or stage in a time-scale or pay to the date of his reinstatement or restoration to his grade or post, shall be treated as a period spent on duty for any purpose.

 

 

Explanation: In this regulation

 

1. the expression ‘employee’ includes a person who has ceased to be in the services of the Board.
2. the expression retirement benefits includes Contributory Provident Fund gratuity and any other retirement benefit.

36. Appellate Authorities, etc.

1. An appeal shall be from any original order made -

 

1. by the Director to the Chairman, and
2. the Chairman to the Board.

 

2. No appeal shall be entertained unless it is preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant.

    

   Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

3.  
1. Every person preferring an appeal shall do so separately and in his own name.
2. The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material, statements and arguments on which the appellant relies, shall not contain any disrespectful or improper langugae, and shall be complete in itself.

 

3. The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records, to the appellate authority without any avoidable delay, and without waiting for any direction from the appellate authority.

 

4. The appellate authority shall consider every appeal in such manner as it deems fit and pass such orders it deems proper in the circumstances of the case:

    

   Provided that no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty.

37. Review and Revision

1. Notwithstanding anything contained in these regulations, the Board may at any time either on its motion or otherwise review its own order or call for the records of any enquiry in respect of any order made under these regulations by any other authority and may -

 

1. confirm, modify or set aside the order; or
2. confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed; or
3. remit the case to the authority which made the order or to any other authority directing such authority to make such further enquiry as it may consider proper in the circumstances of case; or
4. pass such other order as it may deem fit.

 

Provided that no order imposing or enhancing any penalty shall be made by the Board unless the employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and except after consultation with the Central Government where such consultation is necessary.

 

2. No proceeding for revision shall be commenced until after –

    

   1. the expiry of the period of limitation for an appeal; or
   2. the disposal of the appeal, where any such appeal has been preferred.

 

3. An application for review or revision shall be dealt with in the same manner as if it were an appeal under these regulations.

38. Service of Orders, Notice, etc.

Every order, notice and other programmes made or issued under these regulations shall be served in person on the employee concerned or communicated to him by registered post.

39. Power to relax Time-Limit and to condone delay

Save as otherwise expressedly provided in these regulations, the authority competent under these regulations to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these regulations for anything required to be done under these regulations or condone any delay.

40. Supply of copy of Government of India’s advice

Whenever the Central Government is consulted in the case of imposing a penalty on the Director, a copy of the advice by that Government and, where such advice has not been accepted, also a brief statement of the reasons for such on-acceptance, shall be furnished to the Director alongwith a copy of the order passed in the case by the authority making the order.

41. Retirement

An employee of the Board shall retire on attaining the age of fifty eight years.

Provided that the Board may retire any employee after he attains the age of fifty years by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice :

Provided further that, in a special case, the Board may extend the service of any employee for one year at a time but the total period of such extension shall not exceed two years.

42. Re-employment after Retirement

Where in the interest of the Library it appears necessary so to do, the Board may re-employ any employee of the Board who has retired on superannuation:

Provided that any person so employed shall cease to hold the post to which he has been appointed on his attaining the age of sixty years.

43. Conditions of Service

1. Powers of the Board relating to these regulations and various Fundamental Rules and Supplementary Rules of the Government of India are delegated to the subordinate authorities as shown in Schedule-5.

 

2. The conditions of service of the officers and other employee in respect of matters for which no provision is made in these regulations shall be the same as are for the time being applicable to officers and other employees of the Government of India or corresponding category.

44. Miscellaneous

Every employee of the Board shall be a whole-time employee of the library and he may be employed by it for the performance of such duties as may be assigned to him.

45. Service Book and Character Roll

1. The Director shall maintain a Service Book and Character Roll of each employee in such form and setting out such particulars as may be prescribed by the Board.

 

2. The entries in the service books and character roll of the employees other than Director, shall be made by the Director. Entries in the Service Book and Character Roll of the Director shall be made by the Chairman.

 

3. Adverse entries made in the Character Roll shall be communicated to the person concerned by the Director. Representations against the adverse entries shall be considered and finally disposed off by the Chairman.

46. Authentication

All orders and decisions of the Board and of its committees shall be authenticated by the signature of the Member/Secretary of the Board or by such other authority as may be specified by the Board in this behalf.

47. Holidays

The Board shall observe such holidays, as are observed by the Secretariat of the Government of India and such other holidays as may be determined by the Board.

48. Power to Relax

Notwithstanding anything contained in these regulations the Board may, in the case of any employee, relax any of the previous of these regulations to relieve him of any undue hardship arising from the operation of such provisions, or in the interest of the Board.

49. Repeal

With effect from the date of commencement of these regulations all such rules and regulations which were adopted or followed by the Board and were governing the service conditions as incorporated in these regulations shall cease to be in force.

50. Removal of Doubts

Where a doubt arises, as to whether any authority of the Board is superior to any other authority or as to the interpretation or application of any of the provisions of these regulations, the decision of the Board thereon shall be final.