01. |
Title and Commencement : |
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| 01. |
These Rules shall be called �THE BAL BHAVAN SOCIETY EMPLOYEES� SERVICE RULE 1991�. |
| 02. |
They shall come into force on the First day of May, 1991. |
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02. |
Application : These Rules shall apply to all daily rated employees directly recruited by the Bal Bhavan Society during the years 1986 to 1989 and who are still on the rolls of the Society as on April 19, 1991, who have been more fully described in the First Schedule, to these rules. |
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03. |
Definitions : In these Rules, unless the context otherwise requires:- |
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| (a) |
�Administrative Officer� means Administrative Officer of Jawahar Bal Bhavan, Bangalore. |
| (b) |
�Employee� means a person listed in the First Schedule to these Rules. |
| (c) |
�Managing Committee� means the Managing Committee constituted under Rule 11 of the Bal Bhavan Society Rules. |
| (d) |
�Society� means the Bal Bhavan Society. |
| (e) |
�Secretary� means the Secretary of the Society nominated under Rule 11 of the Bal Bhavan Society Rules. |
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04. |
Salaries: From the date of commencement of these rules, the employees shall be entitled for salaries in the all inclusive scales of pay specified in the First Schedule to these rules, against each employee; the increment in salary being annual. |
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05. |
Sphere of service : The employees shall be liable for transfer to any place to which the jurisdiction of the Bal Bhavan Society extends. |
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| (a) |
Eligibility : Any person official or non-official member who shall be nominated by Government of Karnataka. |
| (b) |
The members being nominated by Govt, the admission and subscription fee is prescribed. |
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06. |
Leave : |
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| (1) |
Every employee shall be entitled for one day�s leave for every 20 days of work with wages performed by him. |
| (2) |
This leave may accumulate from time to time, to a total of not exceeding 120 days. |
| (3) |
The leave shall be sanctioned by the Secretary. |
| (4) |
For the leave allowed to him, an employee shall be paid salary at the rate at which he would have drawn, but for proceeding on leave. |
| (5) |
Leave is not a matter of right and can be sanctioned only at the discretion of the Secretary. |
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07. |
Weekly Holiday : Bal Bhavan shall remain closed on every Monday of the week. |
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08. |
General Holiday : Besides the weekly holiday on every Monday, there shall be 15 General holidays in every calendar year. The Secretary by notification, from time to time, specify which of the 15 days in the Calendar year, shall be observed as General Holidays. |
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09. |
Working Hours : Working Hours shall be as may be specified by Notification by the Secretary from time to time. |
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10. |
General conditions of work : Not withstanding the nature of initial employment indicated in the First Schedule to these Rules, every employee can be employed on any job. Working hours/General holidays/leave shall not be the right of any employee and shall be regulated by the Secretary, keeping in view the best interest of the general public. |
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11. |
Age of Superannuation : Every employee shall retire from service on attaining the age of 58 years; provided that an employee attaining the said age of 58 years on any day other than the first day of Calendar month, shall retire from service on the last working day of the month. Employee attaining the age of 58 years on the first day of a Calendar month, shall retire from service on the last day of the preceeding Calendar month. |
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12. |
Suspensions : |
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| (1) |
For good and sufficient reason, the Secretary may place any employee under suspension; for such periods as may be specified in the Order. The Secretary may also extend, revoke the suspension. |
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| (2) |
During the period of suspension, the suspended employee shall be entitled for subsistence allowance not exceeding 50% of the salary, which he would have drawn, had he remained on duty; provided he continues to stay in the headquarters specified by the Secretary and is not gainfully employed in any other way; and provided further that the employee shall in no way contribute for the prolongation of the period of suspension. In cases where the employee contributes to the prolongation of the period of suspension or violates any other conditions of this sub-rule, the rate of subsistence allowance may be reduced by the Secretary to such extent as the Secretary determines. |
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Pensions |
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| (1) |
The Society shall make a monthly contribution of Rs. 50/- (Rupees fifty only) in respect of each employee to the group superannuation scheme of the Life Insurance Corporation of India, with the benefit of a pension payable during the joint life time of the employee and his wife and continued thereafter during the life time of the survivor. |
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| (2) |
The Secretary shall be the sole trustee to administer the scheme. |
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| (3) |
Contributions by the Society to this group superannuation scheme shall commence from the salary of the employees payable for the month of May 1991. |
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| (4) |
The employees shall be entitled to received from the Life Insurance Corporation of India all other benefits accruing to them under this Scheme. |
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14. |
Maintenance of Service Record : The Secretary shall maintain the service records of each employee in such form and manner as may be determined by him. |
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15. |
Discipline : The Secretary shall maintain the service records of each employee in such form and manner as may be determined by him. |
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| 01. |
One or more of the following penalties may be imposed by the authority specified herein below on the employees for good and sufficient reasons or any misconduct |
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Penalty that can be imposed |
Authority empowered to impose penalty
(i.e. Disciplinary Authority) |
Appellate Authority |
a. Fine |
Administrative Officer |
Secretary |
b. Censure |
Administrative Officer |
Secretary |
c. Withholding of increments in salary |
Administrative Officer |
Secretary |
d. Recovery from the salary of the whole or part of any pecuniary loss caused by negligence or breach of Orders |
Administrative Officer |
Secretary |
e. Reduction to a lower stage in the time scale of pay |
Secretary |
Managing Committee |
f. Compulsory retirement |
Secretary |
Managing Committee |
g. Dismissal from Service |
Secretary |
Managing Committee |
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| 02. |
Notwithstanding any of the provisions of sub-rule (1), the Managing Committee and the Society may impose any of the penalties specified in sub-rule (1) on any employee. |
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| 03. |
Notwithstanding anything contained in Sub-rule(1) the Managing Committee may, on its own motion or otherwise, after calling for the records of the case, review any order which is made by the Administrative Officer/Secretary under this rule and may confirm, modify or set aside the order, with further necessary directions. |
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| 04. |
Procedure for imposing penalties of Compulsory retirement and dismissal from service : |
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| (a) |
No Order imposing the penalty or compulsory retirement or dismissal from service, shall be made except after an enquiry held, as far as may be, in the manner provided by this sub-rule. |
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| (b) |
Where it is proposed to hold an enquiry against an employee under this sub-rule, the disciplinary authority shall deliver or cause to be delivered to the employee a copy of the article of charge:-
a statement of imputations of mis-conduct or misbehaviour and a list of documents and witnesses by which/whom each article of charge is proposed to be sustained; and shall require the Employee to submit, within such time as may be specified, a written statement of his defence. |
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| (c) |
On receipt of the written statement of defence, the Disciplinary Authority may itself enquire into such of the articles of charges as are not admitted, or if it considers it necessary so to do, appoint, 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 its findings on each charge and proceed to record the orders on the case together with the reasons therefore. |
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| (d) |
If no written statement of defence is submitted by the employee, the Disciplinary Authority may itself enquire into the article of charge or appoint an Enquiring Authority so to do. |
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| (e) |
Where the Disiciplinary Authority itself enquires into any article of charge or appoint an Enquiring Authority for holding an enquiry into such charge, it may, by an order appoint any person, to present on its behalf, the case in support of the articles of charge. |
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| (f) |
The Disciplinary Authority shall, where it is not the Enquiring Authority, forward to te Enquiring Authority. |
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| (i) |
a copy of the articles of charge and the Statement of imputations of misconduct or misbehaviour. |
| (ii) |
a copy of the written statement of defence, if any, submitted by the employee; |
| (iii) |
a copy of the statement of witnesses, if any, referred to in clause (b); |
| (iv) |
the findings on each article of charge and the reasons therefore. |
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| (g) |
The employee shall appear in person before the Enquiring Authority on such day, at such time, and at such place as the Enquiring Authority, may by notice in writing specify in this behalf. |
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| (h) |
If the employee does not appear before the Enquiring Authority, or otherwise fails or refuses to comply with the provisions of this rule at any stage of the enquiry, the Enquiring Authority may hold the enquiry ex-party. |
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| (i) |
If the employee appears before the Enquiring Authority and pleads guilty to any of the articles of charge, the Enquiring Authority shall record the plea, sign the record and obtain the signature of the employee thereon and shall return the finding of guilt in respect of those articles of charge to which the employee pleads guilty. |
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| (j) |
If the employee, after appearing before the Enquiring Authority, does not admit the articles of charge against him, the Enquiring Authority shall proceed to hold an enquiry by providing reasonable opportunity to the employee and his witnesses and also hearing the Presenting Officer and the witnesses on behalf of the Disciplinary Authority. The employee may be allowed to inspect such records which he demands to see and which in the opinion of the Enquiring Authority are reasonably required to be seen by the Employee for his defence. |
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| (k) |
After conclusion of the enquiry a report shall be prepared and it shall contain: |
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| (i) |
the articles of charge and the statement of the imputations of misconduct or misbehaviour |
| (ii) |
the defence of the employee in respect of each article of charge; |
| (iii) |
an assessment of the evidence in respect of each article of charge ; |
| (iv) |
the findings on each article of charge and the reasons therefore. |
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| (l) |
The Enquiring Authority, where it is not itself the Disciplinary Authority, shall forward to the Disciplinary Authority, the record of enquiry which shall include; |
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| (i) |
the report prepared by it under clause (k); |
| (ii) |
the written statement of defence, if any, submitted by the employee; |
| (iii) |
the oral and documentary evidence produced in the course of the enquiry ; |
| (iv) |
written briefs, if any, filed by the Presenting Officer or the employee or both during the Course of the enquiry. |
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| (m) |
the Disciplinary Authority shall, if it disagrees with the findings of the Enquiring Authority, on any article of charge, record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose. |
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| (n) |
If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion that one or any of the articles of charge is of the opinion that one or more of the penalties specified in Clauses (a) to (g) of sub-rule (1) should be imposed on the employee, it shall, make an order imposing such penalty. |
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| 05. |
Procedure for imposing penalties specified at Clauses (a) to (e) of sub-rule(1) |
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| (a) |
One or more of the penalties specified in clauses (a) to (e) of sub-rule (1) may be imposed after informing the employee in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour, on which it is proposed to be taken, and giving him a reasonable opportunity of making such representation, as he may wish to make against the proposal; |
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| (b) |
taking the representation, if any, submitted by the employee under clauses (a) and recording a finding on each imputation of misconduct or misbehaviour and thereafter passing orders on the case, together with the reasons thereafter. |
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| (c) |
Notwithstanding any thing contained in Clauses (a) and (b), if the Disciplinary Authority is of the opinion that an enquiry in the manner laid down by clauses (b) to (m) of sub-rule (4) is necessary, the Disciplinary Authority may proceed to hold such enquiry and shall take into consideration the record of the enquiry, before recording findings on each imputation of misconduct or misbehaviour and proceeding to make orders. |
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| 06. |
Communication of Orders : Every Order made by the Disciplinary Authority under this Rule shall be communicated to the employee, in such manner as is prescribed by sub-rule (7). |
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07. |
Service of Order notices etc., |
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| (a) |
Every Order, notice and other process made or issued under this rule shall be served in person on the employee concerned or communicated to him by Registered Post-Acknowledgement Due. |
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Where the employee refuses to receive, or keeps out of the way for the purpose of avoiding the service of such order, notice or other process, the same may be served by affixing a copy thereof on the notice board of the Office of the Disciplinary Authority or of the Enquiring Authority. |
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| 08. |
Joint Enquiries : Where two or more employee are concerned in any case, the Disciplinary Authority may make an order directing that disciplinary action against all of them may be taken in a common proceeding. |
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| 09. |
Period of limitation for appeals : No appeal under this Rule shall be entertained, unless it is submitted within a period of three months from the date of the order appealed against;
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 submitting the appeal intime. |
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| 10. |
Form and contents of appeal |
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| (a) |
Every employee submitting an appeal shall do so separately and in his own name ; |
| (b) |
Every appeal preferred under this Rule, shall be accompanied by copy of the order appealed against and shall contain all material statements and arguments relied on by the appellant, and shall not contain any disrespectful or improper language; and shall be complete in itself. |
| (c) |
Submission of appeals : Every appeal shall be submitted to the authority which made the Order appealed against and that authority shall pass on the appeal to the appellate authority with its remarks on the points raised in the appeal. |
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Consideration of appeals :
The Appellate Authority shall after hearing both parties, and after recording findings on each imputation with a proper assessment of the evidence produced, both at the time of initial enquiry and at the time of enquiry before the Appellate Authority proceed to pass orders confirming, setting aside, reducing or enhancing the penalty, together with the reasons thereafter. |
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16. |
Conduct : |
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| 01. |
General : Every employee shall at all times: |
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| (a) |
maintain absolute integrity ; |
| (b) |
maintain devotion to duty and |
| (c) |
do nothing which is unbecoming of an employee of the
Bal Bhavan Society. |
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| 02. |
Prohibition from taking part in politics and election : |
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| (a) |
No employee nor his wife nor his children shall be members of or be otherwise associated with, any political party or any organization which takes part in politics nor shall they take part in, subscribe in aid of, or assist in any other manner, any political movement or activity. |
| (b) |
No employee nor his wife nor his children shall canvass or take part in an election. |
| (c) |
do nothing which is unbecoming of an employee of the
Bal Bhavan Society. |
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Joining of Associations : No employee shall join or continue to be a member of an association, the objects or activities of which are prejudicial to the interest of the Bal Bhavan Society. |
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| 04. |
Prohibition of Demonstrations and Strikes : No employee shall engage himself or participate in any demonstration or resort to, or in any way instigate, incite or abet, any form of strike by any number of employees. For the purpose of this clause, “Strike” shall mean cessation of work by a body of employee acting in combination or a concerted refusal under a common understanding of any number of employees to work. |
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| 05. |
Prohibition of connection with Press, Radio or Television : No employee shall, except with the previous sanction of the Secretary, have any connections either by way of ownership or otherwise, with any news paper or other periodical publication or contribute any article or news item to the press or take part in any broadcast or telecast. |
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| 06. |
Prohibition of criticism of Bal Bhavan Society and its Officers : No employee shall in any broadcast or telecast or any document published in his own name or unanimously, pseudono,ously or in the name of any other person, or in any public utterance, make any statement of fact or opinion, which has the effect of adverse criticism of the current or recent policy or action of the Bal Bhavan Society or its management, Officers and employees. |
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07. |
Prohibition of unauthorized communication of information : No employee shall, except to the extent it is necessitated in due performance of his duties, communicate directly or indirectly any document or any part thereof or information, to any other person, to whom he is not authorised to communicate such document or information. |
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| 08. |
Prohibition against collection of subscriptions : No employee shall ask for or accept contributions or otherwise associate himself with the raising of funds or other collections in cash or in kind, in pursuance of any object whatsoever. |
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| 09. |
Prohibition of Private trade or Employment
: No employee shall, except with the previous sanction of the Secretary, engage directly or indirectly in any trade or business or negotiate for, or undertake, any other Employment. For the purposes of this sub-rule, canvassing by any employee for a candidate or candidates for an elective office shall be deemed to be a breach of this sub-rule. Further, canvassing by an employee in support of the business or insurance agency or commission agency, owned or managed by his wife or any of his children, shall be deemed to be a breach of this sub-rule. |
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| 10. |
Proper use of amenities : No employee shall misuse or carelessly use, amenities provided to him by the Bal Bhavan Society to facilitate the discharge of his duties. |
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| 11. |
Prohibition against investment,lending and borrowing : |
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| (a) |
No employee shall speculate in any stock, share or other
Investment. |
| (b) |
No employee shall lend or borrow money either as principal or interest to or from any person, provided that transactions in the ordinary course of business with a bank shall not be deemed to be breach of this Clause. |
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17. |
Movable, immovable and valuable Property : The Secretary, may from time to time, call upon any employee or employee to furnish a return of his assets and liabilities, including that of his wife and children, in such form as the Secretary may prescribe. |
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18. |
Prohibition against canvassing of non-official or other influence : No employee shall bring or attempt to bring any political or other influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Society. |
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19. |
Routing of personal representations of the Employee :
All representation by the employees, to whichever authority it may be addressed to, shall always necessarily be transmitted through the Administrative Officer. |
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20. |
Consumption of intoxicating drinks and drugs : Every employee shall : |
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| (a) |
Strictly abide by any law relating to intoxicating drinks or drugs in force in any area, in which he may happen to be for the time being; |
| (b) |
Take due care that the performance of his duties is not affected in any way by the influence of any intoxicating drink or drugs; |
| (c) |
Refrain from consuming any intoxicating drink or drug in a public place; |
| (d) |
Not appear in a public place in a state of intoxication; |
| (e) |
Not habitually use any intoxicating drink or drug to excess; |
| (f) |
Not smoke while on duty. |
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Determination of date of birth and age of the employees |
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| (a) |
Within three months from the date of commencement, of these Rules, every employee shall declare his age along with the date of birth, and in support of such declaration, shall furnish to the Secretary documentary evidence, namely, Secondary School Leaving Certificate Examination Marks Card; or an authenticated certificate of birth issued by the Competant Authority under Section 17 of the Registration of births and deaths Act 1969; or an authenticated copy of extract from the entries made in school or college records like transfer certificate, etc., indicating the date of birth; Provided that where any such document is not available, the reasons for its non-availability shall be furnished, along with such other documentary evidence, in support of the declaration of age and date of birth, as the Secretary may require. |
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| (b) |
The Secretary shall, after considering the evidence produced by the employee and after such enquiry as he deems fit, accept the age and date of birth, which in his opinion, is satisfactorily established and shall inform the employee and shall record or cause to be recorded in the service records of the employee, the age and date of birth so accepted; provided, if the Secretary is not satisfied with the evidence produced by the employee in proof of his age and date of birth, then the Secretary shall direct the employee to got his age and date of birth determined by decree of civil court to be obtained by the employee and when such decrees obtained. The age and date of birth as specified in the decree shall be accepted by the Secretary for the purpose of this sub-rule.
Provided further, that in the cause of an employee who has passed the Secondary School Leaving Certificate Examination or any other examination equivalent thereto, the date of birth and age specified in the Certificate evidencing pass in such examination shall be accepted as his date of birth and age. |
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| (c) |
The age and date of birth accepted and recorded in the Service records under this Rule, shall be applicable for all purposes relating to the conditions of service of employee under these rules. |
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22. |
Delegation of Powers :
The Secretary, may by order from time to time, delegate all or any of his powers under these Rules to the Administrative Officer, either in full or inpart, except the disciplinary powers under Rule 15. |
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23. |
Power to remove difficulties :
If any difficulty arises in giving effect to the provisions of these rules or in the matter of interpretation of these Rules, the Secretary shall refer the matter to the Managing Committee and the decision of the Managing Committee is such matters shall be final and binding on all those concerned, including the Society. |
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Secretary,
Bal Bhavan Society |
Chairman,
Bal Bhavan Society
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