IRDAI regulation · 29 Aug 2000
----- INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY NOTIFICATION New Dcllti, 1be 2 9Ui August. 2000 (Conditions of Service of Office~ and Other Employees) Regulations, 2000 }1. No. JRDA/Reg,1812000.- In exercise of the powers conferred by clause (c) of sub-section (2) of sccuon 26 of the Insurance Regulatory Developme…
----- INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY NOTIFICATION New Dcllti, 1be 2 9Ui August. 2000 (Conditions of Service of Office~ and Other Employees) Regulations, 2000 }1. No. JRDA/Reg,1812000.- In exercise of the powers conferred by clause (c) of sub-section (2) of sccuon 26 of the Insurance Regulatory Development Authority Act. 1999 (41 of 1999), the Authority. m consultanon with the Insurance Advisory Committee. hereby makes the followin& regulations, namely:• CHAPTER-I PRELIMTNARY I. Short Tille 3Dd commencement.- (I) These regulations may be called the Insurance Regulatory and Development Authority (Condiuons of service of Officers and other employoes) R.egularions. 2000. (2) They shall come 1010 force on the date of the1t publication m the Official Gazet1e. 2. Application .• fhcsc regulations shall apply to every whole time officer and other employee of the Authority: Provided that these ,egulohons sh,1II not apply to persons employed temporarily, (other than proba11oners). or on contract basts. except otherwise specifically provided. 3. Oelinitions - ( I) Ln these regulations. unles.s the context otherwise requires.• {a) "Authoricy" rueans lhe Insurance Resulatory .nJtl Dcvdopn1cnt Authorily est:1blish('d 1.mtiet sub-secuon (I) of secnon J of Insurance Regulatory and Development Authority Ac~ 1999 (41 of I 999): (b) "Appellate Authority" mc,ns cite outhority specified In the Schedule: (c)"Competcnt Authority" means,• (i) in relation to matters specified under colwnn (2) of the Schedu1e, the authorittes specified under column (3) of that Schedule. ( ii) in relotion to matters not specified under column (2) of the Schedule. the Chau-person: ( d) ·•duty" includes- {i) service as 11 probationer: (ii) period rlurrng which an officer and other employee is on joimng nme or trauung authorised by the A uthor11)': (iii) penod spent on leave duly outborised by the Competent Authority; (c) "employee" means Class II. Ill and IV cniployc~s specified in ~,ese regulations. 0 0 ['l111 ITl- 19W! 4) (f) "leave pay" means the monu1Jy pay which the officers and other employees would have drawn while on duty but for proceeding 011 lc:avc. (g) ·•Lien" mcnns the mle of an officer and ou,er employee to hold substanavely, either 11nmedintcly or on ternunauon of a period or periods of absence, a permanent post to which he has bten appointed sul)srantivcly or he!d itJ a permanent eapa,ity. (h) •• Officiate'" an officer and other employee officiates in a post when he pcrfom\S tho duties of a post 011 which another person holds a lien. Th.e competent authority may, if it thinks l1t, appoint an officer or olher employee to officiate m a vacant post on which no other officer and other arnployee holds a lien. (1) "Officer·· mean, Class I officer referred to in these reg»lations: (1) "Pay" mean• ~,c amount drawn by .m officer md other employee as - (i) pay which had been sanctioned for a post held by him substantively or in an officiating capacny) 0 1 to which he is entitled by -reason of his position in a cadre; (n) special pay and personal pay; (ii,) any od,er emoluments which may be specially classified as pay by the Authoruy; (k) "pc,sonal pay'' means an additional pay granted to an officer and other employee-- (i)to save him from a loss ofsubsrnnuve pay in respect ofa permanent post due to a revision of pay or to any rcducuon of such subs1annve pay otherwise than as a disciplinary measu·re : 01 (ii} m ~xccptional cucornstances. on other personal considern1ions: (I) ··Schedule" means schedule annexed 10 these rcgulauons; (m) "service" includes the penod ,hiring which an officer and other employe.c is 011 duty as well as on knve duly au1honsed by the competent authority, but does not mcludc any penod durmg which au officer and othc:r cmployt:i: is absen1 from duty without pennis.sion or overstays !us leave, unless spec,lically pernntted or cQndoncd by the competent authority (n) "SP<'t1al allowance" means an aJditio11, In the nature of an allowance, to the emoluments nttathed to a p<JSt or of an officer and other employee, granted at the discretion of the Authonty 111 consideration of the spec,ally arduous nature of the duties attached to the post or required to be performed by the officer and other employee: (0) ··special pay" means"" addition, in the nature of pay, l<\ the eri,olumcnts of a post or of an ofticer and other employee granted ol the: discretion of the Authonty in consideration oi a ,;pecific add111on lO tht· work or responsibiJiiy; Ip) "Sub,tsn1i,•c pay" means the pay to which an officer and 0Ll1er employee is entitled on :1ccount uf a pos1 m which ht: has been appomtcd substantively or by reasons of his ~ub~t:rnuvc positton 111 a ...:a<lrc: (q} ··year" means a cc.mtnmou.s p-eriod of rwelvc-mc,nths commencing from I~ day of Apnl, of a ycor and ending wiLl, 31" day of \1arch of the next year. (2) /\II word& and expressions used herein and not defined in these regulations but defined in lnsumnce Act, JQ3S ( 4 of J<)38) or Insurance Regulatory and Development Authority Act, I Q99 (41 of 1999) shall have the mca.mngs respectively assigned to them ,n those Acls unkss otherw1s1: prov1d¢d 111 the contrdcls of service. \3) Fm the purposes of these regulations. the tcm1s 'he' and 'his' shall also refer to ·she' and 'ht."r' whcrcvtr d rcum~tanccs wa1Tant and sing\1lar will also include plural CHAPTF.R - 11 CLASSlflCATION OF OFFICERS AND OTHER EMPL OYEES ~- Classification of omccrs and other Employees.- (1) TI1e Ofliccrs and other employees of the Authority shfill be classified as follows:- Class I Class II Class Ill Cla,s IV Officers: Supervisors: Secretarial Stafl. l.iencrnl Assistant, Rccepuomst cum Telephone Operator: Orivcr cum Anendam cmn Th·cord-Keepcr (2) l11e numbc, of pos1s. 1heir classilication, sco!e of pay, age limit, education and other qua Ii fic;:itJons. pcrmd of probauon. tnethod of rccru11ment 1 composition of selection committee or <.kpartmental promouon tommmee shall b<: such as may be determined by the .Authori1y: 37 I 38 THE GAZETI'E OF fNDIA : EXTRAORDlNARY (3) All appo111Jmcuts in, nod promotion to, any cfass or grade shall he made by the Competent Autl1ority. Provided, however. that in tl1e case of officers and other employees holding posts in the Authodty "'the ume of the commc11cement of these regulauons. they shall be deemed to have been nppotnted to such posts till such tune as the Amhority absorbs them on such posts and scales of pay as may be dcte11rnncd wider sub-regttlalion (2) above. Provided funher that such officers and other employees who are willing to get absorbed in the Authomy may exercise their option to get absorbed in the Authority by 3 I" December, 2000 or such further time as may be determined by the Authority. Provided further tba1 tht salary, allowances and other conditions of service of the officers and 01hcr employees deemed to have been appomted shall nol be varied to their disadvantage. Provided also 1hat the Autbomy 10 regard 10 officers and other employees not exercismg the,r op1ion by the stated date for gemng absorbed in the service of the Authority or persons whom it does not wish 10 offer the facility of absorpuon may revert such persons to their pare.nt offices. CHAPTER- ID COMMENCEMENT OF DUTY AND NOTICE PERIOD 5. Commencement of dut)·.- The servi~e ot an officer and other employee shall be deemed to commence from 1he working day On which such officer and other employee repons for duty in any appointment covered by these regulations at the place and time mtimated to him by the ~(Hnpi.:t~nt authority: " Provided that lf he n:ports in the aftemoon 1 his service. shall corrunence from the next following working day. 1,. Notice for ,focontinuing or leaving the scrvicc.-(1) An officer aod other employee, nmy rc:..,gn or lea"c or disconunue his scrv ice in the Authority by giving to the Chairperson r'loticc- m wntmg of his intention to leave or discontin\le the service. (2) n,c period ofno1icc rcqmred shall be,- \a) Ill the case. of offtcers and other employees holding tl1e post on regular basis, three n10ntl1.S-: ( h) m d1e case of officers and other employees holdiJ1g lhe post on probation, one monlh; (.1) 111 1he case of failure by an ollicer or an employee to give notice in accordance with the provis,ons specified m sub-regulation (2), he shall be liable to pay to the Authority as compensation ~:i. snm equal 10 his substanth,c pay for the period of notice required under these n:gulations P,ovidctl 1hat such nouce or the payment of such compensation may. by reasons to be recorded in wriung_. be n.:duced or waived by the Chairperson: l't'Ovidcd funher tlm tl1e officer and other employee shall i,ot be entitled to set off ,.mv leave earned and not ~vailcd of by him agaim;l Lin: period of :such notice: (4) Notw11hstand111g anythmg contimcd 111 sub- regulation (I). the resignation of an officer and l,ihcr employee shall not be effective unless it is accepted by the Competent AmhonLy. (~) I he C-ompctem Authonry may refuse to accepl the resignation from an officer or cmploy('c, if.- (;\) thsc1plinary proceedings have been instituted against or are proposed 10 he insututed ~garnst that oilicc-1 employ..:.c~ (bl 1he oflicc, ancl other employee ,s Ul\der an obligat,on 10 serve the Authonry for a spl.'C1fied pcnod wh1ch has ncu expm:d: (L·) d1c offlcer and otl1(1' employee owes the Authority any sums of money. Explanation. 1.- For the purposes of this regulations clisciplinary proceedings shall be deemed to be msu1u1ed :1gilmS1 an officer and other employee.- ( a) , f he has been placed undc, sus1>ension under these regulations: or lh} nny noHcc has been issued 10 him asking him 10 show cause why disc1phnary proceedings should not be ms11cuted ~1gn111s1 him: or I ( c)any charge-sheer has b«n issued to lum under the regulnuons and sh, 11 he deemed to be pending till finol orders 1herco11 ore passed by the competent authority Explanation 2 ... J\ nottcc by :m officer oad other employee under sub--rcgulntton (I} shall be proper notici: 1f he rcnwms on duty dunug Lhc pi:no<l of the nouce. 7. -Re1ircmcn1.- (I) Excep1 as mherwise provided in this regulation. every oiliccr and other employee ~hall reure from service nn the nficmoon of the last day of the monch m which he aItains the age (>f six1y yc-ars; Provided chat an ufllccr unJ ocher employee whose date of birth is Ll1e first ofa momh shall rccfrc from scrv,c~ on the afternoon of I.he lase day of the preceding month on a11aining the o.ge of s,xLy years: Provided fw'lhcr Ll1a1 1hc Co111pc1eo1 Authority may, if ii is of 1he opinion tha1 it is in the interest of lhc Authur11y 10 do so. duct! an officer or employee 10 re1ire on completion of fifty five years of age or at any umc. thi:rca 1'tc1. on g~ving him tlt.r~e momhs · notice or salary in lieu thereof. PI-Ovu:led i'1111her th~t an uffo:er and other employee shall be permitted upon request to retire before the dote of retircmenl spcc1ficd 111 lhi~ sub-regulation eicher (a) on competition of 1wen;y five years of serv,~e: or (b) 011 compkuon oftwency years of service. provided he has attained age of fifty; or (c) on complct1011 or liticcn vcars ol service. ,f be 1s incapaci;ated for further acrive service. Explanauon . Where an officer or employee ts dtrc:cced by lhe compeccnc Authomy to retire as aforesaid, 1r shall nm hL• <kemcd to be a penalty under Lhesc regu!ations. (2) No officer or mher employee shall be grnnled cx1e11sio11 in service beyond 1he age of reurement of sixty years: (3) lf on a review of the tas<: cithcl' 011 a l'epresenumon from the officer or 3n employee retired prematurely or 0 1.hcrwist'. 1t 1s decided to remsrnte Lhe officer or an employee m serv1cc. the Competent Authonty ordcnng rcin:;tatcment may regulate the ini;eivenmg period between the dale of premature rcurcment au<l the date of re1nsrntemenr by the gram of lea\'C of the kind due and admissible. mcludmg cxtrnordinary leave. or by treating II as dies non dcpendmg upon the facts and circumstances of the case: Prnv1dcd that the 1111erve11111g period shall be treated as-a penod spent on duty i-Or all puf1>0SCS including pay and allowances. 1f 11 ,s speciticnlly held by the Competent Authonty ordering rcmsto.tement LhaL the premanire renrefftem was 1t$elf 11ot Justified tn the cucumstanc~s of the cas.e, or, if the order of prernamre retiremc111 ,s ser aside by a Court of Law. ( 4) Where the order of premarure recircmcnl ts sct aside by a Court of Law wrlh spec,fic directions 111 regard 10 regulauon of the penod bcrween 1he dale of prernacurc «uremcnc and the date 0f remstatement and no further appeal is proposed to be fikd, lhc aforesaid pcnod shall be ,-cgulated 1r1 accordance with the direcuons of the Court. \5) Any officer or t,mployee may by g1vmg nonce, of no; less than 1hree months in wmmg 10 the Competent Authonty, reure from serv,ce afler he bas anained 1he age of fifty years. ifhc is in Class I or Class II service or poSl, and (had entered service before altaining the age of thirty five years), and m all ocher cases after he has attained lhc age of fifty-five years: Provided chat 11 shall be open 10 the Competent Authori;y to withhold pennission 10 on officer or an employee under suspension who seekr ~~ t·etire under this clause. {6) An officer or ocher employee referred to III sub-regulation (5) may nuke a request m wriung 10 the Competenl Authori;y 10 accept nocice of less than lhrec months giving reasons lhcrcfor; (7) On rece1p1 of a request under sub-regulation (6), the Competent Authonty may consider such request for the c11rtailmen1 of lhe penod of noricc of three months on merits and if 11 is satisl\cd chat lhc c-umnlment of the period of no1foc shall not cause any administrative mcouvenicncc. the CompC'k~nl Authority may relax lhc rcquuc.mcnt of noucc of three monchs on the condition that an .officer and an employee shall not apply for commutatton of a part of his pension before lhc expiry of the period of aoucc of lhree monchs. (8) An officer or ocher employee wbo bas elected to relire under this regulation and bas given lhe necessary intimation 10 thac effect 10 ~,e Compe1en1 Ambori;y, shall be precluded from withdrawing his option subsequently except wilh the spedfic approval of such Authoricy: Provided that the request for withdrawal shall be within the lntendetl date of his retirement. 39 I THE GAZETTE OF INDIA · EXTRAORDINARY iPART Ill-SEC. 4) CHAPTER-IV RECORD OF SERVICE. SENIORITY. PROMOTION AND REVf;RSION 8. Maiotenunce of record of service.- A record of sen<ice shall be maintained by the Alllbonty in respect of each officer and 01hcr employee at such place or·ptaces Md m such fom1 or manner as may be deternuued from ume lo time by the Authority. 9. Seniority of' Ol'liccrs and other employe<:s.- (1) An officer and other employee corrfinned in the sen•1ce of the Authorny shall ordrnarily rank for seruoruy m his grade according 10 his date of confirmauon m the grade (2) An ofliccr and other employee on proha11on shall ordinarily rank for seniority among the officers and other employees selected along with him in lhe same batch according 10 the ranking assigned 10 hnn at the time ol his selecuou. 10. Promotion against sanctioned post.- ( I/ All promo11ons of the officers and other employees shall be agarnst vacancies m sanctioned posts declared by lhe Autlmrity and shall be based on,- (a) mew, s111tab1!11y and seniority m cases of Class I and fl posts; (b) semomy and ment 111 cases of Class Ill and Class IV posL~: Provided thac m assessmt the sunabhhty of officers and other employees to promo11on posts, the CQmpctent Authonry shall take 11110 consideration che perfonnance of the officer or othe.r employee m I.he posl from wluch he ,s being ·prommed: Provided funhcr I.hat the Competem Au,honry may require the incumbents holding lhc post m lhe feeder g1ade 10 qualify ma departmental 1est 10 be conducted by the Auchonty for promotion to Class III post : (2) An officer and other employee shall have 10 put m a m1rumum of three yeors of service m a post before he is nom1ally cons1dcrcd for promotion to a post m the next higher grade: (3) In exceptional cases where the rmmmum number of years of service prescribed above has not been completed, au offi,cer or other employee may be promoted to tl1e next higher grade on the specific recommendauon of the Chaupl:rson and the approval of the Authority. 11. Reversion of officer or other employee.- An officer and other employee promoted from one grade to another may be reverted during the probauonary penod without no11ce by the Competent Authonty after recording the reasons therefoc. CRAPTERV PAY. ALLOWANCES A.ND OTHER BENEFITS 12. The admissibility of pay, allowances and other benefits.• (I) The pay. allowances and other benefits shall not be payable for a part of a month to an officer and ocher employee who leaves or dis.conrinue,s his service wuhout due notice during tbe month, unless such not1ce has been waLvcd by the Competent Authorny. (2J The pay, allowances and other benefits shall cease to accrue 10 an officer and other employee from the date.- (a) he ceases to be in service: or (b) he is dismissed. removed or compulsonly retned from tl1e service; or (c) following the day on which he dit-s, (3) Where on an appeal or a rcpresenrauon by an offic"r and otl1er employee, his removal, discharge or suspension from service is revoked afier due process. the enritlemelll to allowance and other benefits shall accrue to h1m in terms of the order of revocarion, passed by the Competent Authority. 13. Increment payable.- (1) All increment in a scale of pay shall accrue on the completion of one year's period of service Ill that scale: 0 33 70. ~ f.ml : mf~ q;i ~ 31f,.~q;1f1 .m{ aFI ~ mf~ l:RI TTraa i.;'\ -;;if.I~ 'llfcf&I f.lfiil q;-r ~ <i!"'!'TI I 11. 'iT'!1 mil ..-.i f.rtli-.-i rc1r1'-l'-ii gm~~ 3lfmi;rf1 :,m a,.,;i ~ <j';- ~ ~ m fif.- <1< ~ m-i,i mll ~ f.lfti qi" fuQ, 3TI'Tzy!<!>{-;;i\ ~~am ,3:p.f q;,f,uf{zjj amo-l<'fi~ <fi ~<fi fuQ, ~ gm 3-ffi'l i.;i ;i(f(( :,in~ ~ mil ~ f.lftt <f, fqf-tqiJI t:t-a ~ mi'l : 1«-U 'ffifif.-~1 l<lf1•Fri <lil ~ "1<I ~~ ~~q;i, -;;ii f.l;-m *<mt\ am'.31"ll~<lil 3,-<liil ~ m. cnG ~ <fit!ll I 12. ~ ~ am~-( 1) ~ 3llR 3!f~ am 3R q;1h11F.til i1>1 ~14>14iil, <iR ~ ~. <li1 ~ q;-f-1 -at fut; f.iq; i'l<1 f.rcm1l1 m1:Tfu qil 7@1 <;;,; ~ 3lR ~ f1l;m ~ "!:11 3lt1.j8J <fil, "flflml '-Ii f.,,,1-,j\ ii ~'fl 'ITT~ ~qi] f¾f~-1/il!l ,.;n~~ 3~mf>.r,f;lU<fi ~ijq;-rqq;-f.\<fi ful!_~'q;"{wtrlTimirtl;, f~l4il'l~ 'R .3l'Rm f.rUfl! -a:ifi!~ ffl i\ ~ aiftm-.;qfiro <l>7 !{f<l\1!{<\a ~ <f;l 3lclm ~ <f.tri't I c 2 ) ~ ,WR 31ft1<1>1f<41 am 3FI qi 4i11rttil <Ii"~ am: fcrq;rn .t ft:li:i: ~ ~ ~ ~ <'16 3ljq~qqi ~ I - ~ fc1f-141l-li:li '3l1( fc!i:lil.fi mf~ (~am 31""""--<l cfil{i:llf<<i1 qi1 ~-wa') f<{f-rq,i~ ( I ) <l(3) 6(4) 3,i! ( 5 ) 7(6 ) 7(8 ). (<l) :iit-( (10) fc1f-144, 2000 3-ijf(-41 < rc1f144 ] ofi :aqfc1f144 < 1) ~ m ("&) am (ll) ~) ~&;Tl=f mf~,~ mfwmt . ~ <l l(r<nnfqq;ro (2) (3) (ofl! I ) f1'.:(f"'1Qj <-ITTiiRfu, <t/lQ<lilfi f'li:W'lif -,ll;ql(l 'li1 J\j;«>( -~ f.$rq; ,t ...-e: -i! f-r!lf<RI ;,dn 1lFffil 3!Uli\l, -srrftf<ITT1JJ <fi <IT'l ,;zyil ii~ ;-.r,il wmi '-Ii "Wm ii < cf'T 2) f.t:if<R1qi am iiRfu ~ < cf'1 J am cf'T 4 l . ='l'r.=!ftl iiittii:filfi~ W<1 t§l-?1 QI~ si IBI( (,;,fl~ f-r!!%I -srrf'-fq;Rl <fi 3Tf~ 3it-( 3Rl <ti4illf(<il) 1i'Rf lli1<l q;r-,, s!) ~ ffi m P<iR ffi mm '-nl 3Ullm q;-r,'t <j';- IBI( <"ITQI ~~•• •~•" "'!ii "'""' ~" ~: ~ q\l 3lUll(l n1fu;r 'ii; ~ q;'l ~ ,;;i fqf-l•1'H <r,m:t ii'< "'1 ~ J!ll<i '1m 'ii~ ( "<Ill I -olUli\l 31f,1~1fuil <.ITT ofl! 2 "'cf ,.uf<4i <1i1 ~ ii) 'l1 ~ ili tj illfMl «>7 m il ~ qq "'1 '>!r'.J = ffi >t 'ITTT<t ?l,of,<jfil *- IBI( 3wn 23a8 Gl/2000-5 ~ ,nfqq;ro ( 4) ~ -srrf tf<l>{\TI 3!Ul8J ~ ~ ~,;nfqq;ro ,;nf~ ,ffitf<l',(01 I 'll«l 'f;] 'U'!!'l1l: ~ Provided that the benefit of mcremenr shall be admissible from the first day of the month in which ii accrues, 11Tespect1ve of the acrual date of its accrual. (2) The offic1a1ing service in a higher grade shall count for increments in an otlicer and other employee·, substanuve grade as well as in rhe higher grade m which he is officiating and, 1f there 1~ an inrermcd1ate grade between tl1e two m which he would have officiated !tad he not been appointed to officiate III the higher grade. also in the intc.rrnediate grade, but the period during which an officer and other employee is on leave without pay shall not count for increment unle,;s so authorised by 1he Authomy for reasons to be recc,rded in writing. ( J) The sancuon ro draw increments shall be given by the tompetent Authonty: Provided that no fncrement shall be withheld except as a disciplinary measure under these regula1i011s and each order withholding an increment shall state the period for wb,cb It ,s w1lhhetd ahd also whether the pos.rponemeni shall have the effect of postponing future increments: Provided further dm if in an mcremental scale d1ere is nn efficiency bar, an officer a,1d other Cr'nploycc shall 1101 draw mcremcnts above that bar until he has been certified fit to do so by the Competent Authority: Provided also that on each occasion on which an officer and other employee is allowed 10 cross an efficiency bar wluch has previously been enforced against him, he shall be placed in the incremental scale at such stage ll$ the Competent Authority to remove lhe bar may fix: Provided also 1hat such stage shall not be higher than that at which he would draw his pay if the bar bad uot been enforced against h1m and further tha1 no increments granted on the removal of n bar shall have a rerrospecnve effect. I~. Fixation of J»Y on probation.• (1) 11,e pay of an officer ~nd other employee on appointment on probauon from one grade to another shall be mitially fixed al the minimum of the scale of the l11gher grJde an<l rhe doffcrencc between the pay so fixed nnd the substantive pay of the officer and other employee m the old scale. ,f the latter be more, w1ll be 1reated as personal pay: [2) 011 confinnanon m the higher grade, the pay of an officer and other employee shall be fixed at a stage in rhc l11gher grade which 1s next above his substantive pay in the old scale as on the date of continnauon. 1f such pay be higher than the pay drawn by him at the time of confirmation. 15. Declaration of home town.• ( l) Every officer and other empl,;,yee shall on his appointment declare his hometown m writing to the Authority. (2) The home lown so declared may be changed, only once during the service of an officer and other cmployt·t·. for reasons rec.orded m wntrng. CHAPTER VI L&AV£ AND JOINING TIME 16. Kind, ol' leave.- Suh.1ect to the prov1s1ons of these regulations, the following kinds of leave may be granted to nn officer and other employee,• (a)casual leave: (\, )earned I.eave: (c)sick leave: ( d) maternity !cave; (c)extra<il'dlltary leave: ( I) any other leave as may be specified by the Authority from ume to lltlle. 17. Gr:mt of leave.• (I) 17,c power to grant leave shal'I vest in the Competent Authority. (2) All applications for g.ram oflca"c shall be addressed to the Competent Authority before leave is sough I to be avt, 1 led (3) Leave shall not be claimed as a matter of right. (4) \Vhea 1he exigencies ofthe service so require,• (a) lhc Compete11.1 Authonty may refuse leave or revoke leave. of any kmd already granted; (b) an oflicer nnd other employee already on leave may be recalled lo duty by the Competent Au1honty. 2348 Gl/2000-6 41 I -12 THE GAZETTE OF INDIA : EXTRAORDINARY (5) Leave earned by an officer and other employee lapses on the date on which he ceases to be m service. (6} The last day of an officer and other employee's leave is the working day preceding that upon which he reports for duty. (7) Pay during leave shall be drawn at full or half rate of leave pay, according to the kmd oflcavc availed of by the omccrs and other employees, but no pay shall be admissible dur,ng extraordiiwry leave. 18. Leave address to be intimated.- An officer and oth<:r employee shall, before proceeding on leave, 1111ima1e to the Co111pcten1 Authority his address while on leave, and shall keep the said Authority 111formed of any change 1n the address p<eviously furnished. l9. Report of duty after leave.• An officer and other employee on leave shall, unless otherwise instructed to tl1e contrary, rerum for duty 10 the place at which he was last s1atioued. 20. Production Of Medical Certificate for medical leave.- ( I) The Competent Authority may require 3n officer. and ol..hcr employee. who has availed himself of leave on medical groW1ds for more 1lian five days, to produce a medical certificate of fitness 10 tl1c saLisfaction of the Competent Au,hority before he 1esumes duty even though such leave was not initially gr.mtcd oa a me(hcal certificare. (2) If the medical ccruficatc prodaccd by an officer or other employee. is not found acceptable by the Competent Authonty. it shall refer the case to the doctor approved by the Authority for advice. 21. Casual Jea,•c.- ( I) An officer and other employee sltall be eligible for casual leave upto a maximum of twelve work mg days in each calendar year: Provided Lhal no officer and other employee shall c-ake casual leave for more than five working days ul any one umc: Provided l'unhe, 1ha1 public holidays ntay 1101 be combmed with such leave JU such a way as 10 mc-rease the absence nt any nne time beyond ten days. (2) Casual leave sh,11 not he suffixed or prefixed to any other k ind of leave. (3) No casu,I leave may be availed nf, except with prior pennission of the Competent Authorily: Provickd that ir for any sufficient reason, it is not possible I-Or an otliccr and olhc.r employee to obtnm such pcm11ssion m advance. he shttH inti mate his absence to such Competent Authoncy ,vithm l'-vcnty four hours: Provu.Jed funhe,· tbat. such Competent Autl,orily may condone the delay. if any. ,n Uus behalf if he is satisfied [hat an officer and other employee was not io a posi11on to intimate his absence for reasons beyond his control. (4) \Vhcn on officer ond o!.hcr employee joins the .service of the Authority at any time during a calcm.for year. h1~ 1.·nutlcmcnt to casual leave shall be at the rate of one day per month for the period of servlcc I eniau\111g III that cale.ndar year. n. G rant of special leave.- (I) Norwnhstanding anytlung cou~,med m tl1ese regulations, the O ,a,rperson or the person authonsed by him may pernut tl1e grant of any other leave to an officer and other employee 111 special deserving cucumstances, (2) ln parttcular oud without prejudice to the generality of the foregoing power, such leave may provide t'or all or any of the followmg, namely:• \a) quaran11ne leave: \h) special lenve arising 0111 of an acc,deo1 in the course of employment; (c) lcnvc where a person 1s called IO (luty in n_auonal cause;. (d) study leave granted by t.l1e Authority in cases where the Autho.rity feels tl1at study undertaken will be in the overall interest of the Authonty, I · C [ 'li'l Ill-= 4] 23. Earned leave.- (I) Every officer and other employee shall be entitled to earned leave at the rate of thirty days for every completed year of service. (2) The leave so earned shall be credited to the leave account of the officer and otller employee half yearly in each respective calendar year at the rate of fifteen days for every six months of service rendered by such officer and other employee. (3) No officer and other employee, however. shall earn earned leave when he 1s on leave other than casual leave for a continuous penod of more than six months. (4) If on officer and other employee renders less than s,x. months of service III any calendar year. he shall be credited wi1h one day for every twelve days of duty and fractions of a day of earned leave shall be taken as foll day 1famountmg to more than half only. ( 5) llie period of earned leave, which can be taken at any one time by an officer at1d other employee, is ten months. (6) An application for gn>nl of earned leave shall nonnaUy be submitted fiftee.n days in advance to the Competent Authority. (7) An officer and other employee on earned leave shall draw pay equal to leave pay. (8) Where an officer and .other employee has uccunmlated earned leave 011 the date of retirement. he may be paid • lwnpsum amount which would be equivalent to pay as defined under these regulations as on the date of his retirement.. for the unavaile<l ecaraed leave subject to maxnnum of tea months plus ull allowances 1ba1 shall normally be admissible to the officer and other employee concerned during c.arned leave 24. Encashment of corned leave,• An officer and other employee may be permitted to encash earned leave once in two years for a minimum period of fifteen days and a maximum period of thirty days: Provided that at the time of such encasbment he ha~ to his credit a balance of leave which shall not be less than the leave so encashed. 25. Grant of sick leave.- (I ) During the entire period of his service, an olliccr and other employee may be i;ran1ed sick leave on medical grounds fc;,r a period or periods not exceeding eighteen months: Provided 1ha1 in the case of an officer and other employee, the producuon of a medical certificate may 1101 be necessary if sick leave to be granted does not exceed five days and the Compc1cnt Authority 11 satisfied with 1he bonafides of the rca~on for such leave. (2) Sick leave shall be on half pay: Provided that where an oJTicer and other employee has served the Authority for at least a period of three years. he may, if he so rcques~. be pennitted 10 avail himself, during the entire period of his service. of sick leave on leave pay upto a maximum period of uine months and such 1c:l'-1C on Jcavc pay ,viii be entered in his sick leave account at twice the amount of leave taken by him. Explanation: For the purpose of this proviso, service includes. probationary service rendered by an officer and oilier employee prior to confirmation. (3) An officer and other employee may be granted sick leave during the first year of his service on pl"o-rala basis at the discretion of the Competent Authority. 26. M;i1crni1y leave.- (1) Maternity leave. which shall be on le~ve pay, may be granted to a female officer and other employee upto a period of ninety days on full pay al a time and not more than on.: hundrt.'C! and eighty days during the entire period of se,rvice. (2)1'cmale officers nnd other employees undergoing hysterectomy operation may also claim ma1e11111y leave fo, a period not exceeding fifteen days (mcluding stay in hospillll) within lite ove1·all ccilul.g of one hundred Wld eighty days. ( 3) TI>e C"ompetcm Authorny may grant leave of any other kind adnussible 10 the officer and other employee 111 combm~uon ,vuh. or in conlinuauon of maternity leave if che tequest for iis grant if supported by ~ proper medical cerufica1e. 43 I!!! I +I THE GAZETTE OF INDJA . EXTRAORDINARY )PART 111-SEc. ~I 27. Exu·nordinarv le:ive.- (I) Exrraordinary leave may be granted to an o0icer and other employee when oo othc:r l~vc. is due to him. (2) Except III exceptional circumsumces. the duraoon of extraordinary leave shall no1 exceed ninety days on any iinc occa~ion and three hundred ond sixty days during the c•nUJe period of an officers and other l'ntploycc-·s service, (3) The Competent Aulbority may grant cx1raord111ary leave in combina1ion with, or in continuation of leave of any other kind ndnussible 10 the officer and other employee, and may commute retrospectively period or ahscnce without le:ive- mlo extraordinary lea, 1c. (4) No pay and allnwances shall be admissible durms the period of extraordmary leave and the penod spent on such kave shall no; count for mcremcnts: PrQv1dcd lhat, in c;isei. where tbc Compctcm Authority is satisfied thal the leave was taken on account of illness or for any other cause beyond the officer and other employee's control, it may dlrccl 1hnt the period or extraordinary leavC' may count for mcrements. 28. Joinin.g time.- \1) Joinmg time may be granted to an officer and other employee to enable him to join a nc;\\' post to which he is appomtcd while on duty in his previous post. (2)Joining ttrne shall nor be granted when no change u1 the headquaners of an officer and other employee is 11vmlvcd~ (3)17,e pay and ullowanccs of an officer and other employee on JOinmg time shall be such as detennined hy the Autho1·1ry. (4)Joimng time whtch may be allowed to an officer and 01her employee shall not exceed stx days. exclusive of the numb<:r of days acrually spent on travcWng. (5) In calculaung jouuog 11me adm1ss1ble to an officer and other employee, the day on which he is relieved from his old poSI shall be excluded but public holidays following the day of lus relief shall be included m the Joimng time. (6) Where an officer and other employee 011 transfer from one place to another (no1 w11hm same c1Ly) does not riva1I of the JOtllmg: tulle or his Joining lime has been curtailed due to extgencles ol Authonty°s service. he may be allowed to a,•·ail of special leave 10 the ex1ent ofw1ava1led join mg t1me subject to :t maximum of stx days. at any time after the date of reporting at the new place but before the c<,mpleuon of a pcno<l of six moniths or such other extended period as may be ogrecd to by tl1e Compc1ern Authorny for submitrmg supplementary travelling allowance bill Ill respect of his family and personal efkcls prov,ded he bas advised the office to this effect before proceeding on transfer: Provided thar Sa1urdays or Sundays or holidays prefixed to Special Leave ,n lieu of joining time shall be excluded bu1 Saturdays or Sundays or holidays inlerveuing such special leave shall be reckoned :is special lca .. ,e. CHAPTER VII CONDUCT. DISCIPLINE AND APPEALS 29. Conduct and ubligalion of officers and other employees.- ( 1) The services of every officer and other employee shall be at lhc disposal of tbe Au1hori1y and the officer and other employee shall serve the Attthonty in Its bus111ess in such capacity and at such place or places as he may, from time to tm1c. b¢ directed. (2) Every officer and other employee shall conform to and abide by these regulatio□s and shall observe, comply w1tl1 and obe}' all orders and dirccuons which may from time to time be given 10 him by any person or persons under whose Jurisdiction, supennlendcncc or conrrol he may for lhe time being be placed. (3) Every officer and other employee shall mamtam the slnctest secrecy regarding lhc Autbonty', affairs and shall not divulge. directly or indirectly. any mformat,on of a confidential nature coming into lus possession while workint for the Autborlly to anyone, unless compelled 10 do so by judicial or other authority. or unless instmctcd 10 do so by a superior officer in the discharge of his duties. (4) Every officer and other employee shaLI serve the Authority honcs1ly and failhfully and shall use his utmost endeavor to promote the unerests of the Authority and shall show courtesy and I! ( 'lf(ll161~:~ auenuon ui all transactions and dcalmgs between the officers and other employees of other organ1sations and the Authonty. (5) No officer and other employee shall take active part in polmcs or in any political demor)stration. or stand for elccnon as a member. of a Mun.iClpal Connc11. Oisrnct Au1honty or any other Local Body or any Lcg1slauve Body while rema,mng in the service of the Authonty. (6) No officer and other employee who 1s not a ·workman· withm the mcarung of the Industrial Disputes Act. 1947 (14 of 1947) shall reson to. or m any way abet. any fonn of stnke or p3rtic1pate m any violem, unseemly or indec-ern demonstrabon in connection with any maner pertaimog to bis condmons of service or the condiUOll$ of service of any oilier officer and other employee of the Autltoruy: (7) No officer and other employee may con.tnbutc to the press, without the prior sanction of the Competent Aurhomy or without such sancuon make public or publish, any document, paper or information which may come m his knowledge m b,s official capaci1y. (8) No officer and 01her employee shall. except with !he previous sanc1ion of !he Chairperson. publish or cause to be pubhshcd any leaflet book <>T any snnilar primed mailer of which he is tl1c autl1or or deliver talk or lecture in any public mccung or otherwise: Provided that no 5llth sanction is ho..,vevcr, required. if such a broadcast or 3 contribution or a publicallon matlc by hun either tnrlividually or as a member of a professional body is of a purely lnerary, artistic, scumufie. professiooal. cultuml, educational. religious or social character. (9) No officer and 0U1er employee shall ;,ccep~ solici~ or seek any outside employment or office, whether stipendiary or honorary. without !he previous sancuon of the Chairperson. 30. Restriction on employment in certain c:ases.- '( I) Notwithstanding anytlung contained in these regula11ons, nu officer and other employee who has retired from the service of the Authority shall, wtthin a pcrwd of two yencs from the date when he finally ceases to be in the Authority's se,·vice, accept or undertake a commercial employment m any i.nsurance company except wnh the prev10us sanction in wnring of the Authority, (2) No officer and other employee sball use his position or mflucnco directly or indirectly. to secure an employment with any insurer or 1n1emtediary registered with the Authority, of any person related, whetlier by blood or mamage to the officer and other employee oc his spouse, whether such a person ,s dependent on the ofJicer and other employee or not: Provided however that where such an-t:.mployment of any persqn related to an officer and other eruployee h3s been sct,ured before the commencement of officer's a11d other employee's employment with the Amhority or has been secured by the relative on the strength of his individual rnerst. lheo tb.e restriction comamed above shall not apply. 31. Evidence bdore committee or any other autltority.- (I} Save as provided in sub-regulation (3 ), nu officer and 01her employee shall. except with the prcYious approval of the Competent Authority, g1Ve evidence LO connection wich any inquiry conduc,ed by any person, committee or aulhority. (2) Where any approval has be,,a accorded under sub-regulatton (I), no officer and olher employee giving such evidence shall criticise tlie policy or any action of the Central Govemmcnl, or a Smtc Government OT the Authority. (3) Nothing in this regulation shall apply to any evidence given,- (a) at any inqUtry before an authority appointed by the Central Government, a State Government, Par1iamcnt or a State Legislature; or (b) in any JUdic,al inquiry; or (c) at any departmental inquiry ordered by the competent authority: 32. Canvassing of uon-omclal or out-side influence.- No officer and other employee shall bnng or attempt 10 bring any political or other influence to bear upon any superior in the A11thority to further his interests in respect of matters pertaining to his service in the Authority. 33. Prohibition of private trade or employment. in certain cases.- No officer and olher employee shall undcrtnke any part time work for a private or public body or a private person. 45 I! I 46 THE GAZETTE OF INDIA : EXTRAORDINARY IP ART Ill-Sec. 4] or ru:cept any fee tbercfor. without the sancuon of the Authority which shall graot the Sl!I\Clion onty when 1t is satisfitd thar the work can be undertaken without delriment to his officiaJ duties and rcsponsibilicies: Provided that the Aucbority may, m case;; in which ic thinks fit to grant such sanction, stJpulatc rim any fees received by chc officer and other employee for undertaking the work sbaU be patd. in whole or in part, 10 the Authority. 34. Absence from station.- An officer and ocher -employee if so reqt>tred by !he Compecenl Authority, shall 1101 absem himself Crom lus station overnight withouc obtaining previous sanc1ioo of his superior 35. Acceptance of gift.- ( I) An officer and other employee shall not solicit or accept any gift or pcrm11 any member of his fomily or any person acting on his behalf to accept any gift from a person having dealings with 11te Authonty or from any subordinate officer and other employee. t-.:xplanatiou.- tor the rwrroscs of thi.s. regulation,- (•) Uic expression .. gift" shall mciude free transport, boarding, lodgmg or other service or any other pecuntary =idv~nta!;c when pcovidcd by any person other than a near relauve or a personal friend having no otlkial dealings w11h the officer and other employee; (h) a casual meal. Jin ur other social hospitality shall not be deemed to be a gift; (c) an office, a11d other employee shall avoid atccp1a1tce of 1,vish or frcquenc hospitality from any ind1v1dual or concern having officfoJ dealings with him. .. 1 (2) An officer and other employee may accept gifts from his friends bavmg no offic,al dealing with him but he shall rua~c a repon 10 the Competent Authority if the value of ,,uch gift exceeds rupees t\vo thousand, 36. f'rivare trading.- (I) No officer and other employee shall e11gage m any commercial busiuess or pursuit either on his own account or as agent for others, nor acl as an 3igeat for an fosurance compatt)' nor Sholl he be conne\;ted wuh the fomiauon or management of a Joint stock company carryin.g on insurance: or insurance related business. (2) Canvassmg by an officer and uther employee i11 support of the business of insurance agency or comnussion agency carried on or managed by a member of his family shall be deemed 10 be a breach of this regulation. 37. Speculation in stock. s-harcs, investments! etc. . . -An officer and ol11er employee sbalJ not m1de or spcc:ulme m stock. shares or securuics of a company engaged in insurance business of any description nor shall he make invesnnents wbich are likely to embarrass or mfluence him 111 1hc discharge of11is orticial duties. 38. Lending or borrowing.- No officer and other employee shall in his individual capacity- (a) borrow or permit any member of his family to borrow or otherwise place himself or a member of h15; frimily uoder a pccun.i~ry obJig3rion co u broker or ll money k.odt:J or an officer and other employee of the Authority or any person, association of persons, fmn, company or inst1niuon. whether incorpora1ed or not, having dealings with the Authority: Prol'1dcd that any loans 011 mortgage of property or on policies of mrurance raised in chc ordinary course shall 001 be prohibtted ; (b) mdut_gc in wagenng or betting or speculation .1ctivuics : (c) guarantee m his pm•ate capac11y the pecunia:ry obtigations of anolher person or agree to 1ndemmfy m such capacity a1101her person from loss except with the previous permission of the Compelenl A u1hority: Provided that an otliccr and other employee·may give to or accept from a relative or p,'rsonal friend a purely temporary loan of a small amount free of interest, or operate a credit account with a bona fide tradesman or make an advance of pay to his private employee: !! 0 Provided furlher that an officer and other employee may obtain a loan from a bank or a cooperative credit society of which he is a member or stand as surety in respect of a loan taken by another member from a cooperative credit society of which he is a member. 39. lnvestmcut .- II) No ot1icer and other employee shall, without previo1Ls approval of lhe Authomy. make or permit any member of his farruly to make any investment in any lndian insurance company or us subs1d1anes for a total amow,1 exceeding 1wen1y thousand rupees. (2) Any officer and other employc>e who buys or sells property worth rupees one lakh or above shall make a declaration to that effect ro the Authority: 40. Explanation : for the purpose of this regulauon. the word "family" includes any relative ordrnarily res,d,ng wnh or dependem on an officer ,,nd otl1er employee. Demonstration.- No officer and od1er employee shall engage or pamc,pate in any dcmonstranon which is prcJudic1:iJ to the interests of the sovereignty and integnty of lndJa. lhe sccunty of the State. friendly rel.mans with foreign States, public order. decency or morahty. or ,vluch mvolves C-Om<.·mpl of court. dcfamat:mn or incttemcnr to an offence. 41. .Joining association prejudicial to the inleTest of country.- No officer and other employee sholl JOtn, or continue 10 be a member of a.n association or body. the objects or acuvuies of which are preJudtci,l to the mterests of the sovere,gmy and mtegrity of India or public order or mornhty. -12. Subscription... J\o officer and other employee shall. except with the prcv10us sancuon of the Competent Au1honty. ask for or accc!p1 a contnblltion to or othcrw,sc associate himself wtth the 1a,srng or any funds or other collecuo11s ,n cash or in kind m pursuance of any obJecLivc whiltsot:ve(. 43. Consumption of intoJicant drinks and drugs.- ( I) .'\n officer and other employee shall stnctt;- abide by any !Jw relating co intoxicaung drinks or drugs in force in any area in which he may happen to be posted for the Lime betng. (2) It shall be the duty of the ot1iccr and other employee lo ensure that bc,- (al tukcs due care that the pcrfom1ancc of his duty is not affected m anr way by lhc mflutnce of any mtox1catmg_ dnnk or drug; (h) does not appear 111 public place m a s1a1e of intoxication; and (,·) does 1101 habir11:11ly use any intoxicating drink or drug to excess. Explanation.- For the purpose of rhis regulation, the expression .. Public Place" would include dubs I even c.xdusiv~ly meant for members where it is permissible for the members ro invm· non,mcmbcrs as gucsls), bars and reslaurants, public convc.yanccs and all 0Ll1er places ro which 1hc public hav~ or ilrc pcrrnmcd to have access, wbclhcr on payment or otherwise. 44. Oflkers and employees in debl.- An officer and other employee who is In debt shall furoisb to the Competent Au1honty • signed sr:uement of his position half-yearly 011 the 30'' September and 31" March and shall indicate in the statement the steps he is tnklog to recufy his posiuoa. An oflkcr and other employee who makes a false statement under tl1is regulation or who falls to submit I he pre,;cnbed statement or appears to be unable to liquidate his debts withtn o reasonable 1ime '" .oppltes for the prote.ction of an msolvency court shall be liable to ciismissal: F.xplanation.• For the purpose of this rcgulntiqn,• (a>An omcer nud other employee shall be deemed to be in debt ifh1s total liabilities exclusive of those which nre fully secured exceed his substamive pay for twe11ty four months: {b) An officer and other employee shall be de.emed 10 be unable 10 liqwdate lus debts w,thm a reasonable time if i1 appears. having regard to his persona] resources and unavoidable current expenses thnt he shall not cease to be in debt within a period of three years. ,, 47 I 48 THE GAZETTE OF !NOIA: EXTRAORDINARY (PART lll-S£c. 4] 45. Submission of returns of movable, immovable and valuable properties.- ( 1) Every officer or other cmpl<lyce sha 11 on his first appomonent to any service or pos1 in the Authority submit a retum of his assets and liabilities m such fom1 as may be spcc,ficd by the Authority giving the full particulars regarding• (a) the immovable property inherited by him, or owned or acquired by hint or held by him on lease or mortgage, either m lus own name or m the name of any member of his family or m the name of any other person: (bl shares, debentures and cash mcludmg bank deposits foherited by bun or similarly owned, acquued. or held by him; (c) other movable property mhcntcd by him or similarly owned, acqu1ted or held by him; and (di debts anJ other liabilities incurred by him directly or indirectly. (2) F.vcry oflicer or 01her employee belonging 10 any grade shall submit an annual return ,a such form as may he specified by 1he Authonty giving full derails regarding 1he immovable property mherited by l11nt 01 owned or acquired by him or hdd by him on lease or mortgage either in his own name or m the name of any member <>f his family; {3) No officer or miter employee cxcep1 with the previous knowledge of the Authonty, acqwre or dispo,e of ~ny inunovabk property hy lease, mor1gage, purchase, sale. gifl or otherwise either in his own uante or in the numt of any member ofh1s family: l'1ovided tha1 the previous sanction of Uie Authority shall be obtamed by the ofticer or 01her employee if any such tnmsacuon is with Lhc person or an Indian insurance company havmg official dealings with hm,. ( 4 l Where 1he officer or other employee enters mto a rransacuon m respect of movable property e,ther 111 his own name or in 1he 11a01e of the member <>f the family. he shall. w11lun sixty days from the dale of such tnmsaclion report Lhc sacrte '° the Authonty. 46. Rest ritrions in relation to acquisition and disposal of immo,·able properly outside India and transac1ion~ with foreigners etc.- Notwuhstanding onythmg co111a111ed in sub-rcgulauon (3) of n:gulnt10u 45. no officer ~1nd other employee. except wuh the previous sanct10n of the Authonty- (a.) :icquirc, by purchase. mc:mgage, lease. gift or otherwise. either in his o,"n name or in the namt of =iny mcmbt'r of his ram1ly. anv unmovable property situated ou~1de India; (h) dispose of. b)' ;ale. mortgage. gift or otherwise or gram any lease m respect of any immovable property smm1cd outsid1,;, India which was acquired or i.s held by him enher in lus own name or in lhe name or any mc.mber ofh1s farrnty: {c-} :::nte1 uuo any trnusacuon w11h ::my foreigner, forc1gn Uovemmepc, foreign orgamsaoon or concern- lt} lbr Lhe acqu1~1t1on. by purchase, mortgage. lease, gift or othcrwisi:, either in his own name or m the nlme uf ~ny member of his l'aouly. or :iny immovable property; ( 11} for the disposal of, by sale, mortgage. g1ft or otherwise, or <he gram of nny lease m respect of aoy immovable prop<:rty which was acquired or 1s held by h1.m either in his own name or 111 the name of any m<:mbcr oflus family. 47. R~.<iriction reg:irdfng Mnrria!(e.• (I) No officer ::tod oilier employee shall enter into. or contract, a marriage ,v1th n person having a s.pou.sc hvu1g; and (2) No oflict;r and other employee havmg a spouse living-, shall enrer mto. or coot.tact, a mo.rriage w1th any person: Provided 1hat the Authorny may permit an officer and other cmployc!e to enter inlo. ur ~on1ract, any such marnagc as ,s rd,med tom sub-1egula11on( I) or sub-rcgulauon(2), if it is satisfied lhat- (a) such mamage is penmssible under the persona.I law applicable ,o such an officer nod 01hcr cmployi:c and 1ht 01her party to the ma1Tiage; and (b > then; arc 01ht:r grounds for so doing. ( 3) ,\ n officer and od,er employee who has married or marries a person other than of Indian nauooality. shall inumat~ tht 1acl rn the AuthorHy ♦ !! 0 C 48. Suspension.- (I) The Competent Authority or any authority to which ,t is subordinate by general or spcciol order may place an officer ond other employee under suspension- {a) where a d1sc1plinnry proceedrng against !um i, contemplated or is pending. or {bl where. L□ the opinion of the nforesaid At11honty. he has engaged himself m ac11vtties preJ\tdtci:il to th<' interest of the Authoruy or 1nterei::ts C'lf hol<lt:1.S of insurance policies or msurnncc industry~ 01 (c) where a case agamsl h1m m respect of ::ioy cl'irninal ,)ff enc~ is under mvcsugauon. inquuy or triaJ. (2 l An officer ~nd other employee shall be ,leemed to ha"c been placed under suspcosiou by an order of Comperent Authonty (al with effect from tl,e date of hJS detention, if he is detained in police cu~tody. whether on triminal charge or otherw,se. torn period c'<cccding forty~eight hours: (b} with effect from ,he dat~ uf l11s conv1ction, H: in the t'.·ent of a con\'iction for an utlC1,~c. he as s~ntcnced l<l a term of ul'l:pnsonmt'nt exceeding forty.cigln hours: and is n<>t fonhwuh dis.missed or removed or compulsorily retli'l.!d co11s.C4u«.'nl to such conviction. Explanation.- T11e pcnod of fo, ty-e,ght hours referred to in clause (bl or this sub-regulati()t\ shall be ..::omputcd from the commcnccinent of lhe unpnsonment afkr the conviction and for this purpose, 111tcrnutt<!nt ptnod.s <>f in1prisonmcnt. tf nny. shall bi: taken rnto account. (.') Where ::t penalty or d1snussa1. rtmov:i1 or comrulsory rerircment from service imposed upon nn officer and other employ<!<.' undt1 s.uspcnMon !S set aside in appcttl or revtcw under these rcgulauons and We case 1s remmed fo1 fu11li<.·r m,1uiry or atuon or with any other ducctions, the order of his suspension sha11 be dt:emed 10 have co1\tt.nucd 1n force, on and from the cl3.tc of original order of dismissal or compulsory reurcment aud shall rcinam m force unul furLher ordl'rs. f4) \Vhere a penalty of d1snussal. rcmo\'al or compulsory retirement from scn,cc imposed upon an offtce-r or other employee ,s set ns1de or declared or r~ndered void m ~onsequencc of or by a dcdsmn of a Court of Law and lhc d1sc1phnr.i1 y outhomy. on o cons1deraoon of the c1rcumstanccs o( the case. decides to bold a furd1cr mqull',•' s,;0111s1 ham 011 th.e allegattons 011 which 1hc pennlty or d1sm1ssal, removal or compulsory retm."'"!l1c-1,~ was onginaily imposed, 1hc officer or other employee shall be .:teemed to have- been pl;lCcd u11jc1 :~1spens1on by the competent authority from the da1e of the ong,mal order ot disn11ssal. remova, ::--r compulsory retuemcm and shall conunue to rem:un under suspension w111I further orders: Provided that no such fi..i!"ih~·r mquiry shall be ordered unless n is intended to meet a smumon where the Court has passt:d an order pi:•:::, rn; techmcal grounds ,vnhout gomg mto the merus of the case. (5) (o) An 01der ofsusp-::w,•on made or deemed to have been made under this regulation shall commue to 1i.::maul 1n fan.:~ unlil i; l:i m,,.1,ficd or revoked by the Compctem Authority. (b) Where an officer ar m:•er employee is suspended or ts deemed to have been suspended \ whether m connection with uuy l;•-;._ •olmary prnccc.·dmg or otherwise). and any other ciisc1plinary proceed mg 1s commenced against hiu. <-"·1.,u tht:: c.ontmuaac:c of that suspcmaon. the Compe1ent Atuhonty to place lum un<ler Sl>Spe,1Mo·1 :·\(l}'. for reasons to bt: rccordc.-d by him m wntmg, dlrctt that the officer or o,her cmplQyec shnll coo:•.'ue " ' be unde, rnspens,on 1111111 1he tcrmrnatiou of all or any of such procecdmgs (t) A1! -.>rder or ~.spen.,:on n,;1de or deemed ro ha\1e been made under th,s rcgulauon may at aay ume be modified or re, ~kcd b) 1hc authonty which made or 1s deemed 10 have made 1he order or by any othe1· amhor11y to· . '11ch 1hat Juthonty is subordinate. 49. renallie.,.- The following penolucs may. for good and suflicicnt reasons and as hereinafter provided. be 1mp4 --d on an \'lffic"r and oihc:r cmploy~e, na.mdy · {a) Mmorpmalt•cs bemg- (i) censure; ( ii)w11hhold1rtg or his promotion; (1ii)recovery from has pay of the whole or part oi any pecuniary loss caused by him to the Authomy by negligence or breach of orders; (iv) reduction 10 a lower stage 111 the 111ne-scale of pay for a period no1 cxceedmg three years, withoul cumulative effect and not adversely affecting his pension, ( v) wlt.hholdlllg of increments of pay. (b) Maier penalties being - (i) save as provided for in s11b-clause (av) of clause {a). ,·eduction 10 a lowor stage in lhc timc-s,;ale of pay for a specified period, with funher direc,ions as to whether or nol the officer and other employee 2348 Gli2000-7 49 !!!!!! I